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G R E T A Group of Experts on Action against Trafficking in Human Beings |
GRETA(2018)26_BYR_rep |
Reply from Belarus
to the questionnaire
for the evaluation of the implementation
of the Council of Europe Convention on Action
against Trafficking in Human Beings by the Parties
Third evaluation round
Thematic focus: Access to justice and effective remedies for victims of trafficking in human beings
Reply submitted on 11 June 2025
Secretariat of the Council of Europe Convention
on Action against Trafficking in Human Beings
(GRETA and Committee of the Parties)
Council of Europe
F-67075 Strasbourg Cedex
France
www.coe.int/en/web/anti-human-trafficking
December 2018
Introduction
In accordance with Article 38, paragraph 1, of the Convention on Action against Trafficking in Human Beings (“the Convention”), GRETA evaluates the implementation of the Convention following a procedure divided into rounds. At the beginning of each round, GRETA selects the specific provisions on which the evaluation procedure is based.
The first round of monitoring of the Convention provided an overview of its implementation by State Parties. The second evaluation round of the Convention examined the impact of legislative, policy and practical measures on the prevention of trafficking in human beings (THB), the protection of the rights of victims of trafficking, and the prosecution of traffickers, paying particular attention to measures taken to address new trends in human trafficking and the vulnerability of children to trafficking.
GRETA has decided that the third evaluation round of the Convention will focus on trafficking victims’ access to justice and effective remedies, which is essential for victims’ rehabilitation and reinstatement of rights and reflects a victim-centred and human-rights based approach to the fight against human trafficking. A number of provisions of the Convention establishing substantive and procedural obligations are relevant to this topic. Moreover, victims of trafficking, by virtue of their status as victims of human rights violations, are entitled to effective remedies under the European Convention on Human Rights. Access to justice and effective remedies must be guaranteed, in a gender- and age-sensitive manner, to all victims of trafficking subject to the jurisdiction of State Parties, irrespective of their immigration status or presence on the national territory and notwithstanding their capacity or willingness to co-operate in any criminal investigation.
Access to justice and effective remedies is contingent on the fulfilment of a number of preconditions, including prompt and accurate identification of victims of trafficking, the provision of a recovery and reflection period, the availability of material, psychological, medical and legal assistance, regularisation of the victim’s stay, the right to seek and enjoy asylum, and the application of the principle of non-refoulement. These preconditions, corresponding to different provisions of the Convention, have been examined at length during the first and second evaluation rounds of monitoring of the Convention. Consequently, GRETA has decided to ask each State Party for an update on the implementation of GRETA’s previous recommendations on selected topics, through a separate country-specific part of the questionnaire, rather than including once again questions related to the same provisions in the general questionnaire for the third evaluation round.
States Parties are requested to transmit to GRETA a reply to this questionnaire within four months from the date it was sent. The reply to the questionnaire should be submitted in one of the official languages of the Council of Europe (English and French), and preferably also in the original language. Where appropriate, in order to avoid unnecessary repetition, the reply may refer to information contained in the report submitted by the national authorities on measures taken to comply with the Committee of the Parties’ recommendation concerning the implementation of the proposals made in GRETA’s second evaluation report. States Parties should provide links, copies or extracts of relevant legislation, regulations, national action plans and case law mentioned in the reply to the questionnaire, in the original language and, wherever possible, also in one of the official languages of the Council of Europe.
A variety of stakeholders and civil society representatives should be effectively consulted in the preparation of the reply to the questionnaire, to ensure that the information provided is as comprehensive as possible.
Part I - Access to justice and effective remedies
1. Right to information (Articles 12 and 15)
Supreme Court Information on Section 1 of the Questionnaire
The criminal procedure legislation of the Republic of Belarus grants all the participants in the criminal proceedings who defend their or represented rights and interests the right to receive information about the progress of proceedings on materials and the criminal case.
Victims of human trafficking in criminal proceedings, as a rule, act as victims and have the rights and obligations established by the Criminal Procedure Code of the Republic of Belarus (hereinafter referred to as the CPC), including the right to participate in court hearings, as well as to receive notifications from the body conducting the criminal proceedings about decisions affecting their rights and interests, and, at their request, to receive also copies of these decisions free of charge (paragraphs 10 and 14 parts 1 of article 50 of the Code of Criminal Procedure).
Please note that the explanation by the presiding judge of the rights and obligations of the participants in the criminal process is an integral part of the trial.
In addition, since human trafficking is often of a cross-border nature and its victims may be located outside their state of citizenship, at the first stage the responsibility for explaining to citizens of the Republic of Belarus who are victims of human trafficking the provisions of the legislation of the Republic of Belarus, as well as the legislation of the host state on combating human trafficking and protecting victims of human trafficking lies with diplomatic missions and consular offices of the Republic of Belarus (paragraph two of Article 23 of the Law of the Republic of Belarus dated January 7, 2012 No. 350 “On Combating Human Trafficking” (hereinafter referred to as the Law on Combating Human Trafficking).
Part two of Article 13 of the Code of the Republic of Belarus on the Judicial System and the Status of Judges (hereinafter referred to as the Code on the Judicial System) stipulates that persons participating in a case who do not speak or speak insufficiently the language of the proceedings are guaranteed the right to familiarize themselves with all case materials, participate in judicial proceedings through an interpreter, and the right to speak in court in a language they speak. In these cases, the said persons have the right to use the services of an interpreter free of charge in the manner prescribed by law.
A similar norm is provided for in all procedural codes of the Republic of Belarus.
In accordance with parts 1 and 2 of Article 20 of the CPC, all persons participating in criminal proceedings are equal before the law and have the right, without any discrimination, to equal protection of their rights and legitimate interests. Proceedings on materials and a criminal case are carried out on the basis of equality of citizens before the law, regardless of their origin, social, official and property status, racial and national affiliation, political and other beliefs, attitude to religion, gender, education, language, type and nature of occupation, place of residence and other circumstances.
Based on these norms and provisions of Article 21 of the Code of Criminal Procedure, regardless of their procedural status, victims of human trafficking who do not speak or speak insufficiently the language in which the criminal proceedings are conducted are guaranteed the right to make statements orally or in writing, give explanations and testimony, file petitions, file complaints, become familiar with the criminal case, and speak in court in their native language or in a language they speak.
In these cases, they have the right to use the services of an interpreter free of charge in the manner established by the Code of Criminal Procedure. Procedural documents in the manner established by the Code of Criminal Procedure are handed to them translated into their native language or into a language they speak.
In cases provided for in Article 21 of the Criminal Procedure Code, the criminal case is heard with the participation of an interpreter. If the interpreter fails to appear and cannot be replaced, the criminal case is postponed (Article 300 of the Criminal Procedure Code).
Similar approaches are enshrined in the Procedural-Executive Code of the Republic of Belarus on Administrative Offenses (hereinafter referred to as the PECAO ). In accordance with Part 2 of Article 2.11 of the PECAO , a participant in an administrative process who does not speak or has insufficient knowledge of the languages in which the administrative process is conducted is guaranteed the right to make statements orally or in writing, give explanations, file petitions, file complaints, and speak during the consideration of a case on an administrative offense in his native language or in a language he speaks.
In these cases, as well as when familiarizing himself with a case of an administrative offense, he has the right to use the services of an interpreter free of charge in the manner determined by the PECAO.
In the course of civil proceedings, persons legally interested in the outcome of the case, if they do not speak (or speak insufficiently) the language of the proceedings, are guaranteed the right to familiarize themselves with the case materials and participate in judicial proceedings through an interpreter, as well as the right to speak in court in the language they usually use (Article 16 of the Civil Procedure Code of the Republic of Belarus).
The Code of Civil Process of the Republic of Belarus, which will enter into force on January 1, 2026, also reflects the relevant provisions.
Thus, according to Part 3 of Article 21 of the Code of Civil Process, persons participating in a case who do not speak or speak insufficiently the language of the proceedings are explained and provided with the right to familiarize themselves with all case materials, participate in the production of individual procedural actions or court proceedings through an interpreter, and the right to speak in court in a language they speak. In these cases, the said persons have the right to use the services of an interpreter free of charge in the manner established by the Code of Civil Process.
1.1 How, at what stage and by whom are presumed victims and victims of THB informed of their rights, the relevant judicial and administrative proceedings, and the legal possibilities for obtaining compensation and other remedies, in a language that they can understand? Please provide copies of any information materials developed to inform victims of THB, including any materials specifically developed for child victims, in the languages in which they exist.
Information from the Prosecutor General's Office
According to paragraph 7 of the Regulation "On the procedure for identifying victims of human trafficking, the procedure for filling out and the form of the questionnaire of a person who may have suffered from human trafficking or related crimes, the procedure for providing the information contained therein", approved by the Resolution of the Council of Ministers of the Republic of Belarus dated June 11, 2015 N 485 "On the identification of victims of human trafficking" (hereinafter - the Identification Regulation), when identifying a person who may have suffered from human trafficking or related crimes, the state bodies specified in paragraph 3 of the Regulation (internal affairs agencies, state security agencies, border service agencies, prosecutor's offices, the Investigative Committee):
determine whether the person needs the services of an interpreter and provide such services if necessary;
determine whether the person requires the participation of his legal representative (hereinafter referred to as the representative), and ensure its participation if necessary;
interview a person;
enter information into a questionnaire, during the filling of which:
inform the person of his right to have measures for the protection and rehabilitation of victims of human trafficking, as provided for in paragraph 1 of Article 18 of the Law on Combating Human Trafficking (hereinafter referred to as protection and rehabilitation measures), applied to him, including the right to have these measures applied to him within 30 days from the date of filling out the questionnaire, regardless of his consent to undergo the procedure for identifying victims of human trafficking, participation in criminal proceedings, as well as about the protection and rehabilitation procedures, information about state and other organizations that are authorized to apply protection and rehabilitation measures, the need to transfer data about him to these organizations in the event of the application of protection and rehabilitation measures to him;
find out what types of assistance the person needs, identify state or other organizations specified in paragraphs 2 and 3 of Article 20 of the Law on Combating Human Trafficking that provide the appropriate assistance, refer and, if necessary, accompany the peson to these organizations to apply protection and rehabilitation measures to him, which is noted in the questionnaire.
According to paragraph 12 of the Identification Regulation.
Upon identification of a person who may have suffered from human trafficking or related crimes, state bodies, state or other organizations specified in paragraph 10 of this Regulation (diplomatic missions and consular offices of the Republic of Belarus, labor, employment and social protection agencies, educational institutions, state healthcare organizations, centers for the protection of victims of human trafficking and providing them with assistance):
determine whether the person needs the services of an interpreter and provide such services if necessary;
determine whether the person requires the participation of a representative and ensure its participation if necessary;
interview a person;
enter information into a questionnaire, during the filling of which:
inform the person of his right to have protection and rehabilitation measures applied to him, including the right to have these measures applied to him within 30 days from the date of filling out the questionnaire, regardless of his consent to undergo the procedure for identifying victims of human trafficking, participation in criminal proceedings, as well as about protection and rehabilitation procedures, information about state and other organizations that are authorized to apply protection and rehabilitation measures, the need to transfer data about him to these organizations in the event of protection and rehabilitation measures being applied to him;
find out what types of assistance are needed by the person, identify state or other organizations specified in paragraphs 2 and 3 of Article 20 of the Law on Combating Human Trafficking that provide the appropriate assistance, refer and, if necessary, accompany the person to these organizations to apply protection and rehabilitation measures to him, which is noted in the questionnaire, or, if necessary, independently begin to apply protection and rehabilitation measures within the framework of their competence, which is also noted in the questionnaire;
initiate the identification of victims of human trafficking.
Information from the Ministry of Internal Affairs
A state body, state or other organization, public association, international or foreign organization exercising powers (activities) in the field of combating human trafficking shall inform the alleged victim of human trafficking of his or her rights, relevant judicial and administrative procedures, as well as legal opportunities to obtain compensation and other legal remedies in a language they understand upon identifying a person who may have suffered from human trafficking or related crimes (Identification Regulation).
Samples of information materials developed to inform victims of human trafficking are attached.
These materials were not carried out in foreign languages
due to inappropriateness (the overwhelming majority of persons identified in Belarus who may have suffered from human trafficking or related crimes, identified victims of human trafficking are Belarusians or citizens of other Russian-speaking countries, and a person who does not speak the language is provided with the services of an interpreter if necessary (see paragraph 1.2)).
In 2024, the Ministry of Internal Affairs of the Republic of Belarus, together with the International Organization for Migration, launched a national information campaign with a focus on labor migrants and combating human trafficking for the purpose of labor exploitation within the framework of the international technical assistance project “Achieving the maximum impact of migration and mobility on the sustainable development of the Republic of Belarus”.
During the information campaign, a billboard was developed with the hotline numbers of the Department of Citizenship and Migration of the Ministry of Internal Affairs, brochures were printed on the procedure for attracting a foreign citizen planning to work in the Republic of Belarus (English and Russian), as well as on the rules for safe employment outside the Republic of Belarus (Russian).
The brochure “On the rules of safe employment” places special emphasis on the rules of stay in the employer’s country, which indicate the necessary actions to avoid becoming a victim of labor exploitation and human trafficking (attached).
Information from the Ministry of Labor and Social Protection
In the labour and social protection agencies and territorial social service centres, up-to-date information on the types of assistance provided to victims of human trafficking is posted on information boards, with contact telephone numbers of specialists, including 24-hour ones.
The stands also display information provided by the International Organization for Migration (IOM). In particular, in 2024, IOM sent another batch of leaflets to all regions.
Information from the Investigative Committee
The procedure for identifying victims of human trafficking, informing them of their rights, relevant judicial and administrative procedures, etc. is established by the Identification Regulation. Identification of victims of human trafficking is carried out by internal affairs agencies, state security agencies, border service agencies, prosecutorial agencies, and the Investigative Committee.
A person who may have suffered from human trafficking or related crimes has the right to have measures for the protection and rehabilitation of victims of human trafficking applied to him in accordance with the procedure provided for in Chapter 4 of the Law on Combating Human Trafficking.
Based on paragraph 38 of the Regulation on identification, the Chief Directorate for Procedural Control of the Central Office of the Investigative Committee regularly (twice a year) sends information to the Ministry of Internal Affairs on the identification by the Investigative Committee units of persons who may have suffered from human trafficking or related crimes.
1.2 How is the obligation to provide translation and interpretation services, when appropriate, met at different stages of the legal and administrative proceedings by different agencies?
Information from the Ministry of Internal Affairs
When a person who may have suffered from human trafficking or related crimes is identified, the state body that identified him, the state or other organization, public association, international or foreign organization that exercises powers (activities) in the field of combating human trafficking, determines whether this person needs the services of an interpreter and provides such services if necessary, including at all subsequent stages of the identification process, the application of measures for protection and rehabilitation (Regulation on Identification).
In the event of participation of a person who may have suffered from human trafficking or related crimes, a victim of human trafficking in administrative or criminal proceedings, the provision of interpreter services, if necessary, is guaranteed, respectively, by administrative-procedural (Procedural-Executive Code of the Republic of Belarus on Administrative Offences) and criminal-procedural (Criminal Procedure Code of the Republic of Belarus) laws.
Information from the Prosecutor General's Office
An interpreter is provided to a suspected victim of human trafficking at any time after she/he requests assistance (legal grounds are provided in paragraph 1.1 of the questionnaire).
On the basis of Parts 2 and 3 of Article 21 of the Code of Criminal Procedure, persons who do not speak or speak insufficiently the language in which the criminal proceedings are conducted are guaranteed the right to make statements orally or in writing, give explanations and testimony, file motions, file complaints, familiarize themselves with the criminal case, and speak in court in their native language or in a language they speak. In these cases, they have the right to use the services of an interpreter free of charge in the manner established by this Code. Procedural documents in the manner established by this Code shall be handed to the suspect, the accused, and other participants in the criminal proceedings, translated into their native language or into a language they speak.
Similar rights for a participant in an administrative process who does not speak the language in which the administrative process is conducted are provided by Parts 2 and 3 of Article 2.11 of the Procedural-Executive Code of the Republic of Belarus on Administrative Offences.
A participant in an administrative process who does not speak or has insufficient knowledge of the languages in which the administrative process is conducted shall be guaranteed the right to make statements orally or in writing, give explanations, file petitions, file complaints, and speak during the consideration of a case on an administrative offence in his native language or in a language he speaks. In these cases, as well as when familiarising himself with a case on an administrative offence, he shall have the right to use the services of an interpreter free of charge in the manner determined by this Code.
The ruling of the court or the body conducting the administrative process, in the manner determined by this Code, shall be handed to the person in respect of whom the administrative process is being conducted, his legal representative, defense counsel, representative, translated into their native language or into a language they speak.
2. Legal assistance and free legal aid (Article 15)
Supreme Court information on sections 2 and 6 of the questionnaire
A victim of human trafficking is a person against whom crimes under Articles 171, 171-1, 181, 181-1, paragraph 4 of Part 2 of Article 182, Article 187, Parts 2 and 3 of Article 343-1 of the Criminal Code of the Republic of Belarus have been committed (hereinafter referred to as the CC).
Identification of victims of human trafficking is carried out in accordance with the procedure provided for in the Identification Regulation.
The status of "victim of human trafficking" is not procedural, as it is not provided for by the Criminal Procedure Code. A victim of human trafficking may be either a victim in a criminal case or a witness (for example, in crimes provided for in Article 171 of the Criminal Code «Creating conditions for prostitution»), as well as a person against whom human trafficking or related crimes have been committed, when the initiation of a criminal case is denied on non-rehabilitating grounds.
The Constitution of the Republic of Belarus (hereinafter referred to as the Constitution) provides for the right of everyone to legal assistance for the exercise and protection of rights and freedoms, including the right to use at any time the assistance of lawyers and other representatives in court, other state bodies, other organizations and in relations with officials and persons (part one of Article 62 of the Constitution).
This norm has been developed, among other things, in the procedural legislation of the Republic of Belarus.
Representatives of the victim and civil plaintiff are persons who are authorized by the said participants in the criminal process to represent their interests in the criminal case and in respect of whom the body conducting the criminal process has issued a ruling (determination) recognizing them as representatives. The victim and civil plaintiff may have several representatives (Parts 1 and 3 of Article 58 of the Criminal Procedure Code).
Representatives may include close relatives, family members of the victim, civil plaintiff, legal representatives, lawyers, representatives of trade unions and other public associations, as well as other persons admitted to participate in the criminal case with the permission of the body conducting the criminal proceedings (clause 28 of Article 6 of the Criminal Procedure Code).
According to paragraph 6 of part 3 of article 60 of the Code of Criminal Procedure, a witness has the right to invite a lawyer to receive legal assistance during procedural actions with his participation.
The issues of organizing advocacy activities are regulated by the Law of the Republic of Belarus of December 30, 2011 No. 334 “On Advocacy and Advocacy Activity in the Republic of Belarus ” (hereinafter referred to as the Law on Advocacy).
Please note that, by virtue of the provisions of paragraph 2 of Article 6 of the Law on Advocacy, any person on the territory of the Republic of Belarus, regardless of citizenship and immigration status, has the right to seek legal assistance from a lawyer.
It should be noted separately that special attention is paid to ensuring effective legal protection for victims of human trafficking in the Republic of Belarus.
Thus, within the framework of the established system of measures for social protection and rehabilitation of victims of human trafficking, they are provided with free legal assistance (including explanation of their rights and obligations stipulated by law), including free legal assistance provided by bar associations. Legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives (subparagraph 1.2 of paragraph 1 of Article 20 of the Law on Combating Human Trafficking).
According to the legislation of the Republic of Belarus, victims of human trafficking are exempt from paying for legal assistance provided in connection with criminal proceedings, namely: consultations and explanations on issues of social protection and rehabilitation of victims of human trafficking, as well as representation in bodies conducting criminal proceedings.
The procedure for reimbursement of expenses of lawyers for providing legal assistance to victims of human trafficking is established by Resolution of the Council of Ministers of the Republic of Belarus dated February 6, 2012 No. 122 “On the procedure for reimbursement of expenses for payment of labor of lawyers for providing legal assistance to victims of human trafficking, persons affected by an act of terrorism” (hereinafter – Resolution No. 122).
Expenses are reimbursed to territorial bar associations by the Ministry of Justice of the Republic of Belarus through the main justice departments of the relevant regional and Minsk city executive committees at the expense of the republican budget (part two of subparagraph 1.2 of paragraph 1 of Resolution No. 122).
Further the funds spent on the implementation of measures to protect and rehabilitate victims of human trafficking would be recovered from persons guilty of human trafficking or committing crimes related to human trafficking through the courts (Article 24 of the Law on Combating Human Trafficking).
As regards the protection of the interests of minors in criminal proceedings, criminal procedure legislation provides for the mandatory participation in the criminal case of their legal representatives in the person of parents, adoptive parents, guardians, trustees or, in their absence, guardianship and trusteeship authorities (parts 1 and 2 of Article 56 of the Criminal Procedure Code).
In accordance with the procedure provided for by the Code of Criminal Procedure, the rights of a minor victim or civil plaintiff are exercised along with or instead of him by his legal representative (part 6 of Article 50, part 6 of Article 53 of the Code of Criminal Procedure).
When interrogating a minor victim or witness, a teacher or psychologist may participate as a specialist (Part 1 of Article 62 of the Criminal Procedure Code).
The protection of the rights, freedoms and legitimate interests of a minor against whom an administrative process is being conducted, and of the injured party who is an individual, is carried out by their legal representatives (Part 1 of Article 4.3 of the Administrative Offences Code ).
According to Part Two of Article 59 of the Code of Civil Procedure, the rights and legally protected interests of minors aged fourteen to eighteen years are protected in court by their parents, adoptive parents or guardians. The court is obliged to involve minors in such cases, except for cases where involving a minor in the case is contrary to his interests.
Minors who have reached the age of fourteen have the right to personally apply to the court with a statement on the protection of their rights and legally protected interests and to use at any time the assistance of lawyers and other representatives in court without the consent of parents, adoptive parents, guardians. The issue of involving parents, adoptive parents or guardians of minors in such cases to provide them with assistance is decided by the court (part three of article 59 of the Code of Civil Procedure).
The rights and legally protected interests of minors under the age of fourteen are protected in court by their legal representatives – parents, adoptive parents or guardians (part four of Article 59 of the Code of Civil Procedure).
2.1 How, by whom and from what moment is legal assistance provided to victims of trafficking? How is legal assistance provided to children?
Legal assistance to victims of human trafficking is provided from the moment of application.
According to subparagraph 1.2 of paragraph 1 of Article 20 of the Law on Combating Human Trafficking, social protection and rehabilitation of victims of human trafficking are provided free of charge and include, among other things, legal assistance (including explanation of their rights and obligations stipulated by law), including free legal assistance provided by bar associations. Legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives.
In accordance with Article 1 of the Law on Advocacy, advocacy is legal assistance provided on a professional basis by lawyers in the manner prescribed by this Law to individuals, including individual entrepreneurs, legal entities, and the state (hereinafter, unless otherwise provided, referred to as clients) for the purpose of exercising and protecting their rights, freedoms and interests, as well as ensuring access to justice;
legal assistance means activities to assist clients in understanding, correctly using and complying with legislation, which is aimed at implementing and protecting the rights, freedoms and interests of clients, as well as representing clients in courts, government agencies, other organizations and before individuals.
Legal assistance on issues of social protection and rehabilitation to the victims of human trafficking, and if they have not reached the age of fourteen to their legal representatives, is provided at the expense of the republican budget (clause 2 of Article 28 of the Law on Advocacy).
Article 13 of the Law of the Republic of Belarus "On the Rights of the Child" provides for the right of a child aged fourteen years and older to receive legal assistance to exercise and protect their rights and freedoms, including the right to use at any time the assistance of lawyers and other representatives in court, other state bodies, other organizations and in relations with officials and persons without the consent of parents (guardians).
Legal assistance to children in their interests, their parents (guardians, trustees) in the interests of children is provided by lawyers at the expense of the Bar Association in the manner established by the Law of the Republic of Belarus "On Advocacy and Advocacy Activity in the Republic of Belarus". This assistance is provided to both citizens of the Republic of Belarus and foreign citizens and stateless persons.
In case of violation of the rights of the child, which are defined by the United Nations Convention on the Rights of the Child of 1989 and other legislative acts a child has the right to apply to juvenile affairs commissions, guardianship and trusteeship authorities, the prosecutor's office, and upon reaching the age of fourteen, the court to protect his or her rights and legitimate interests, and also to protect his or her rights and legitimate interests through his or her legal representatives.
2.2 Do all presumed victims of THB have access to legal assistance, irrespective of immigration status or type of exploitation?
All suspected victims of human trafficking have access to legal assistance, regardless of immigration status or type of exploitation.
According to paragraphs 2, 3 of Article 1 of the Law on combating human trafficking a person who could suffer from human trafficking or crimes related to it means a citizen of the Republic of Belarus, a foreign citizen or a stateless person in relation to whom the identification procedure as a victims of trafficking is carried out, and a victim of human trafficking means a citizen of the Republic of Belarus, a foreign citizen or a stateless person against whom human trafficking or a crime related to it has been committed.
The Law on Combating Human Trafficking does not provide any exceptions for the provision of legal or other assistance to suspected victims of human trafficking.
2.3 What are the conditions for access to free legal aid for victims of THB, including children? For which types of proceedings is free legal aid available? Is free legal aid available to help victims claim compensation and execute compensation orders? Please provide the text of the relevant provisions.
Free legal aid, as stated above, is provided when a person, including a minor, who may have suffered from human trafficking or related crimes is identified. There are no additional conditions for its provision.
Legal aid is available for all types of proceedings, including helping victims claim compensation and enforce compensation orders.
References to legal norms are provided above.
Legal assistance is provided by lawyers in the required volume without restrictions from the moment the victim applies or a request for legal assistance is received from a competent authority for all types of necessary proceedings.
Legal assistance to children under the age of fourteen is provided to their legal representatives and to the ones who have reached the age of 14 is provided directly or to their legal representative.
Legal assistance for the victim is free of charge (gratuitous), including to assist victims in claiming compensation and enforcing compensation orders.
In accordance with subparagraph 1.2 of paragraph 1 of Article 20 of the Law on Combating Human Trafficking, social protection and rehabilitation of victims of human trafficking are provided free of charge and include legal assistance (including explanation of their rights and obligations provided by law), including free legal assistance provided by bar associations. Legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives.
2.4 Are there lawyers specialised to provide legal aid and represent victims of THB in court? What regulations, if any, are applicable to the provision of such legal aid/representation?
The Bar Association has lawyers who specialize in different categories of cases. In this regard, legal assistance is provided depending on the needs of the victim.
Clause 2 of Article 26 of the Law on Advocacy provides that professional protection of the rights and interests of clients in criminal, civil cases, cases arising from business (economic) disputes, and cases of administrative offenses in courts and bodies conducting criminal or administrative proceedings is carried out only by lawyers.
Every lawyer has the right to provide any type of legal assistance, including to victims of human trafficking. General rules stipulated by procedural legislation and the Law on Advocacy apply to the provision of such legal assistance/representation.
2.5 How is the provision of legal assistance and free legal aid for victims of THB funded? Do victims have to pay a fee to obtain legal assistance or start a procedure, or are there other financial barriers in place? If yes, please specify the amount(s).
Legal assistance to victims of human trafficking, and if they have not reached the age of fourteen, to their legal representatives, is provided free of charge on the basis of subparagraph 1.2 of paragraph 1 of Article 20 of Chapter 4 of the Law on Combating Human Trafficking.
According to Article 24 of the Law on Combating Human Trafficking, funds spent on implementing measures to protect and rehabilitate victims of human trafficking are recovered from persons guilty of human trafficking or committing crimes related to human trafficking through the courts.
Legal assistance is provided to victims of human trafficking free of charge.
The costs of paying the fees of lawyers for providing legal assistance to victims of human trafficking are reimbursed from the republican budget in accordance with paragraph 2 of Article 28 of the Law on Advocacy.
The procedure for their reimbursement is regulated by the following regulatory legal acts:
Resolution of the Council of Ministers of the Republic of Belarus dated February 6, 2012 No. 122 “On the procedure for reimbursement of expenses for the payment of lawyers’ labor for providing legal assistance to victims of human trafficking, persons affected by an act of terrorism”;
Resolution of the Ministry of Justice of the Republic of Belarus dated April 2, 2012 No. 84 “On the establishment of forms of calculation certificates”.
In accordance with subparagraph 1.2 of paragraph 1 of Resolution No. 122, expenses for the provision of legal assistance are reimbursed by the Ministry of Justice through the main justice departments of the relevant regional and Minsk city executive committees at the expense of the republican budget. According to the Ministry of Justice, there have been no appeals on this issue during the period of validity of Resolution No. 122.
Victims of human trafficking do not pay a fee to receive legal assistance or to initiate the procedure; there are no other financial barriers to receiving legal assistance for victims of human trafficking in the Republic of Belarus.
3. Compensation from the perpetrators (Article 15)
Supreme Court Information on Section 3 of the Questionnaire
Victims of human trafficking, as victims in a criminal case, have the right to restore property rights violated by the crime, as well as to material compensation for moral damage caused to them.
The institute of civil action in criminal proceedings serves as a tool for the restoration of violated property rights by victims. Thus, in accordance with Part 1 of Article 148 of the Code of Criminal Procedure, civil claims of individuals and legal entities, as well as of the prosecutor, for compensation for physical, property or moral damage caused directly by a crime or a socially dangerous act of an insane person provided for by criminal law are considered in criminal proceedings.
By virtue of Part 3 of Article 44 of the Criminal Code, the basis for collecting from the accused both property damage and material compensation for moral damage is the conviction of the person who committed the crime by a court sentence.
Please note that in criminal proceedings, property damage is understood as actual damage, namely: expenses that the person whose right has been violated has incurred or will have to incur to restore the violated right.
The amount of property damage subject to compensation is determined by the court based on the value of the property on the day the sentence or ruling (determination) is issued, and the amount of physical and moral damage is determined based on the consequences that have occurred (Part 1 of Article 155 of the Criminal Procedure Code).
If it is impossible to make a detailed calculation of a civil claim without postponing the hearing of the criminal case, the court may recognize the civil plaintiff's right to satisfy the claim and refer the issue of its amount for consideration in accordance with the civil procedure (Part 3 of Article 155 of the Criminal Procedure Code).
In addition, we note that failure to file a civil claim in criminal proceedings does not deprive persons who have suffered damage as a result of the crime of the right to independently file a claim with the court in accordance with civil proceedings (Part 5 of Article 149).
In certain cases established by the Code of Criminal Procedure, the victim retains the right to compensation for damage caused upon termination of criminal proceedings (Part 3 of Article 303 of the Code of Criminal Procedure).
Court decisions regarding the recovery of damages caused by a crime and moral harm in favor of the victim are executed on the territory of the Republic of Belarus in the manner determined by the legislation on enforcement proceedings, on a declarative basis.
Measures to secure a civil claim are taken by the bodies conducting criminal proceedings throughout the entire criminal proceedings.
Thus, if there is sufficient evidence of harm caused by a crime or a socially dangerous act of an insane person provided for by criminal law, as well as in the event of discovery of property subject to special confiscation, the criminal prosecution authorities are obliged to take measures to ensure a civil claim and the execution of the sentence in terms of special confiscation of property, consisting of identifying property that may be seized; the imposition, in the manner prescribed by Article 132 of the Code of Criminal Procedure, of an arrest on the property of the accused or persons bearing financial liability for damage caused by the criminal actions of the accused or by a socially dangerous act of an insane person, as provided for by criminal law; ensuring the safety of the property until the criminal case is resolved in court proceedings (Part 1 of Article 156 of the Code of Criminal Procedure).
If measures to secure a civil claim and the execution of a sentence in terms of special confiscation of property were not taken at the stage of preliminary investigation, the court has the right, before the sentence, ruling (determination) comes into legal force, to order the adoption of these measures, which are taken in the manner prescribed by the legislation on enforcement proceedings, or to oblige the criminal prosecution body to take the necessary security measures (Part 2 of Article 156, Article 284 of the Code of Criminal Procedure).
Part 1 of Article 132 of the Code of Criminal Procedure stipulates that in order to ensure compensation for damage (harm) caused by a crime, recovery of income obtained by criminal means, a civil claim, other property claims, special confiscation, the body conducting the criminal proceedings has the right to seize the property of the suspect, the accused or persons legally liable for their actions.
Property means any things, including cash and documentary securities, non-cash funds in accounts, deposits in banks and (or) non-bank credit and financial institutions, uncertificated securities; electronic money; cryptocurrency ; property rights, as well as exclusive rights to the results of intellectual activity (note to Article 132 of the Code of Criminal Procedure).
Seizure may also be imposed on property owned by other persons in order to verify its actual ownership, sources of origin and legality of alienation, if there are sufficient grounds to believe that this property was alienated by the suspect or accused for the purpose of concealing the ownership or sources of origin of such property (Part 2 of Article 132 of the Criminal Procedure Code).
When passing a sentence, the court also decides what to do with the property that has been seized (clause 12, part 1, article 352 of the Code of Criminal Procedure).
In addition, the criminal procedure legislation allows, when passing a guilty verdict, for the court to apply the amount of the bail towards compensation for harm (damage) caused by the crime, if the bail was posted by the suspect, accused or persons financially responsible for their actions. If the bail was posted by another individual, the application of the bail towards compensation for harm (damage) is allowed only with the written consent of the bailor (Part 9 of Article 124 of the Criminal Procedure Code).
In the event of consideration of claims for compensation for damage caused by a crime and recovery of moral damages in civil proceedings, the courts may also take measures to secure the claim if failure to take such measures may complicate or make impossible the execution of the court decision.
The legislator includes the following measures to secure a claim: seizure of property, prohibition of the defendant from performing certain actions, prohibition of other persons from transferring property to the defendant or fulfilling other obligations towards him, suspension of the sale of property in the event of a claim for its release from seizure, suspension of collection under an enforcement document contested by the debtor in court, temporary restriction of the defendant's right to leave the Republic. Belarus (part one of article 255 of the Civil Procedure Code of the Republic of Belarus.
In addition, according to paragraph 4 of Article 98 of the Criminal Procedure Code, money and other valuables acquired by criminal means, by a court verdict or a ruling of the criminal prosecution body, are applied to compensate for damage from the crime to the victim or another person, or by a court verdict, ruling, or determination, are subject to confiscation.
If the convicted person does not voluntarily compensate the damage caused to the victim, the sentence in the part of the satisfied civil claim is executed in the manner established by the legislation on enforcement proceedings.
In addition, the legislation of the Republic of Belarus grants courts and bailiffs the authority to take measures to ensure the execution of the writ of execution, the effect of which is aimed at preserving the property belonging to the debtor and temporarily restricting his certain rights.
Judges continue to regularly improve their qualifications at the educational institution "Institute for Retraining and Advanced Training of Judges, Prosecutor's Office Employees, Courts and Justice Institutions of the Belarusian State University". In addition, at the said educational institution, candidates for judges undergo special training, if necessary, for appointment to the position of a judicial intern or to a vacant position of a judge as a judicial intern. The topic of human trafficking is also covered within the framework of separate training courses for judges and judicial candidates.
Victims of human trafficking have the right to file claims for the recovery of wages, in the consideration of which the court applies the provisions of the Civil Code of the Republic of Belarus or the Labor Code of the Republic of Belarus.
During the period from 2022 to 2025, the court considered only 1 criminal case on charges of committing crimes under Articles 181, 181-1 of the Criminal Code. The amount of material compensation for moral damage according to the court verdict was 25,000 Belarusian rubles for each victim (approximately 6800 euro).
3.1 What measures are in place to enable courts to award compensation to victims of THB, including children, from the perpetrators as part of criminal proceedings? What is the role of prosecutors in this respect?
According to Part 3 of Article 44 of the Criminal Code, the conviction of a person who has committed a crime is the basis for collecting from him both property damage, income obtained by criminal means, and material compensation for moral damage.
According to Part 1 of Article 149 of the Code of Criminal Procedure, an individual who has suffered damage from a crime or their representatives have the right to file a civil claim against the accused or persons financially responsible for his actions, from the moment of initiation of a criminal case until the end of the trial. In defense of minors, as well as persons recognized as incompetent in the established manner, a civil claim may be filed by their legal representative. Part 5 of this rule provides that a person who has not filed a civil claim in criminal proceedings has the right to file it in the order of civil proceedings.
When filing a civil claim in criminal proceedings, the plaintiff is exempt from paying state fees.
In cases where the protection of the rights of persons, legal entities, state or public interests requires it, the prosecutor has the right to file a claim in criminal proceedings.
A civil claim in criminal proceedings is considered by the court together with the criminal case.
In accordance with paragraph 5 of Article 10 of the Criminal Procedure Code, in the event of damage caused by a crime, the criminal prosecution body and the court are obliged to take measures to secure a civil claim.
3.2 How is the amount of compensation calculated and are there specific criteria or models for calculating it? What types of injury/damage and costs are covered? Are there any circumstances/conditions that would lead to a reduction of the amount of compensation?
The nature and extent of damage caused by a crime, by virtue of Article 89 of the Code of Criminal Procedure, is included in the subject of proof in a criminal case. The responsibility for establishing and proving the extent of the material damage caused is assigned to the criminal prosecution authorities, and in a court hearing - to the state prosecutor.
The amount of compensation for moral damage is determined by the victim (the person who filed the claim in his interests).
When considering claims for the recovery of monetary compensation for moral damage, the court is guided by the requirements of reasonableness and fairness.
According to Article 153 of the Code of Criminal Procedure, when considering a civil claim filed in criminal proceedings, the grounds, conditions, volume and method of compensation for damage are determined in accordance with the norms of current legislation. In cases provided for by law, international treaties and the rules of law of the state with which treaties on legal assistance have been concluded are applied.
3.3 How are compensation orders/verdicts enforced? What measures are in place to guarantee and ensure effective payment of compensation?
The execution of court decisions in terms of recovery of damages and moral harm is carried out by enforcement bodies on the basis of the legislation on enforcement proceedings.
3.4 When foreign victims of THB are removed from or choose to leave the country where the exploitation took place, what measures are in place to enable them to obtain compensation and other remedies?
The presence of the victim in another state does not prevent the filing of a civil claim in accordance with the procedure established by law and the adoption of a decision on it by the court.
3.5 What procedures are in place to ensure effective access to compensation for victims of THB for the purpose of labour exploitation? Can such victims bring civil claims for compensation and/or recovery of unpaid wages and social contributions on the basis of tort, labour, employment or other laws? Please specify the relevant measures. Can victims of THB working in irregular employment or without a contract claim unpaid wages and other compensation and if yes, how is the amount of unpaid wages and other compensation established?
Labor relations in the Republic of Belarus are regulated by the norms of the Labor Code, and controversial issues arising between employer and employee are resolved in civil courts.
All victims of THB have equal rights and equal access to compensation. The mechanism for filing a claim is specified above. The establishment and calculation of the specific amount of compensation to be paid to the victim is within the competence of the court.
3.6 What training is provided to build the capacity of relevant professionals, such as lawyers, law enforcement officers, prosecutors and judges, to enable victims of THB to obtain compensation and other remedies?
Information from the Prosecutor General's Office
Prosecutor's employees take advanced training courses
at the educational institution "Institute for Retraining and Advanced Training of Judges, Employees of the Prosecutor's Office, Courts and Justice Institutions of the Belarusian State University" in accordance with the programs approved by the institute.
Information from the Ministry of Internal Affairs
In order to improve the qualifications of employees of internal affairs bodies
in the area of providing assistance to victims of human trafficking, including on issues of obtaining compensation and other means of legal protection, training is conducted at the International Training Center for the preparation, advanced training and retraining of personnel in the area of migration and combating human trafficking of the Academy of the Ministry of Internal Affairs and (or) within the framework of joint projects of the Ministry of Internal Affairs with public associations, international and foreign organizations operating in the area of combating human trafficking.
The Representative Office of the International Organization for Migration in the Republic of Belarus, together with representatives of the Ministry of Internal Affairs of the Republic of Belarus, held another cycle of meetings of interdisciplinary working groups responsible for the identification, reintegration and rehabilitation of victims of human trafficking in the period from April to May 2024. The participants were employees of the Department of Citizenship and Migration of the Chief Department of Internal Affairs of the Minsk City Executive Committee, and the Departments of Internal Affairs of the Regional Executive Committees.
Employees of the Department of Citizenship and Migration, as well as the Department of Citizenship and Migration of the Chief Department of Internal Affairs of the Minsk City Executive Committee, the Departments of Internal Affairs of the regional executive committees have completed advanced training (retraining) courses from the All-Russian Institute for Advanced Training of the Ministry of Internal Affairs of Russia under the program "Advanced training of employees of competent authorities of the CSTO member states on the topic: "Combating organized criminal activity in the field of illegal migration and human trafficking" (2-19.04.2024).
Information from the Investigative Committee
As part of interaction with the representative office of the International Organization for Migration, with the aim of exchanging information and discussing prospects for cooperation in 2024, the participation of interested employees of the department in meetings of regional multidisciplinary working groups responsible for the identification, referral and reintegration of victims of human trafficking was ensured.
4. State compensation (Article 15)
4.1 Do the eligibility criteria for State compensation schemes for victims of crimes exclude some victims of THB (e.g. due to irregular residence status, nationality, nature of the offence)? Does access to State compensation depend on the outcome of the criminal case and on failure to obtain compensation from the offenders?
Chapter 4 of the Law on Combating Trafficking in Human Beings establishes a system of measures for the protection and rehabilitation of victims of human trafficking. Social protection and rehabilitation of victims of human trafficking is provided free of charge in accordance with Article 20 of the Law on Combating Trafficking in Human Beings. State compensation is not provided for in the system of measures for the protection and rehabilitation of victims of human trafficking.
There are no exceptions to the issue of receiving compensation for certain categories of victims of human trafficking.
According to paragraph 4 of Article 20 of the Law on Combating Human Trafficking Victims of human trafficking may be provided with financial support in accordance with the law.
The specified financial support does not depend on the outcome of the criminal case
and on the impossibility of receiving compensation from the criminals.
Compensation for direct material damage and moral harm depends
on the outcome of the criminal case and the impossibility of receiving compensation
from the criminals, since in this case the funds are collected
from the latter.
4.2 How is the amount of State compensation calculated so as to address the gravity of the harm endured by the victim?
The amount of compensation is calculated by the court individually in each specific case.
4.3 Is it possible for foreign victims of trafficking to submit claims for State compensation in your country after being returned or repatriated to their countries of origin? Please provide examples of any such cases and indicate the measures stipulating such a possibility.
As stated above, the victim's location outside the Republic of Belarus does not prevent the filing of a claim in court. The Prosecutor General's Office does not have any examples.
4.4 Are victims seeking State compensation liable for lawyers’ costs and fees? Are State compensation awards subject to taxation? Does the receipt of compensation have consequences for access to social security or other benefits?
Victims of THB do not have to pay court costs or other expenses. The money awarded by the court in favor of victims of THB is not taxable. Receipt of compensation does not affect access to social security or other benefits.
Based on subparagraph 2.35 of paragraph 2 of Article 196 of the Tax Code of the Republic of Belarus, the object of taxation for personal income tax (hereinafter referred to as income tax) is not recognized as income received by individuals in the amount of compensation or reimbursement in accordance with the legislation of the Republic of Belarus or the legislation of foreign states for legal costs, moral damage in the amount determined by the court, compensation for harm caused to the life or health of an individual, in the amount determined by the legislation of the Republic of Belarus, compensation for damage in kind or compensation for losses caused within the limits of actual damage, including indexed damage.
In addition, in accordance with paragraph 4 of Article 208 of the Tax Code, all types of monetary compensation provided for by legislative acts and resolutions of the Council of Ministers of the Republic of Belarus are exempt from income tax.
Taking into account the abovementioned, compensation paid to individuals in accordance with the legislation of the Republic of Belarus is not subject to income tax in the territory of the Republic of Belarus.
5. Sanctions and measures (Article 23)
Supreme Court Information on Section 5 of the Questionnaire
Part 2 of Article 46 of the Criminal Code stipulates that when a crime is committed, along with criminal liability, as well as when a person is released from criminal liability on the grounds provided for by the Criminal Code, special confiscation is applied.
When a crime is committed, the following are subject to special confiscation, that is, forced gratuitous seizure into state ownership: property obtained by criminal means or acquired with funds obtained by criminal means; income received from the use of this property, as well as objects of the crime, if they are not subject to return to the victim or another person; tools and means of committing the crime, belonging to the person who committed the crime; things withdrawn from circulation (Part 1 of Article 46-1 of the Criminal Code).
If special confiscation of property obtained by criminal means or acquired with funds obtained by criminal means, income received from the use of this property, at the time of the decision on special confiscation is impossible due to loss, expenditure, destruction, sale or for other reasons, a sum of money corresponding to the value of the property obtained by criminal means or acquired with funds obtained by criminal means and (or) the amount of income received from the use of this property shall be collected from the convicted person or person released from criminal liability in favor of the state. The amount of money to be collected shall be determined by the court on the day of the sentence, ruling, or determination (Part 2 of Article 46-1 of the Criminal Code).
The decision to apply special confiscation is made by the court when rendering a guilty verdict or when terminating criminal proceedings with the release of the accused from criminal liability on non-rehabilitating grounds provided for by the Criminal Procedure Code.
Thus, when criminal proceedings are terminated in cases stipulated by the Criminal Procedure Code and there are grounds for special confiscation of property obtained by criminal means or acquired with funds obtained by criminal means, income received from the use of this property, or a sum of money corresponding to the value of the property obtained by criminal means or acquired with funds obtained by criminal means, and (or) the amount of income received from the use of this property, a copy of the decision to terminate criminal proceedings is sent by the investigator or prosecutor to the court to decide on the application of special confiscation in accordance with Article 46-1 of the Criminal Code (Part 5 of Article 30 of the Criminal Procedure Code).
In such cases, at the pre-trial stages of criminal proceedings, the judge issues a ruling on the special confiscation of the said property (clause 4, part 2, article 33 of the Code of Criminal Procedure).
Based on the results of the generalization of judicial practice, the Plenum of the Supreme Court of the Republic of Belarus adopted Resolution No. 1 on June 29, 2023
“On the application of special confiscation by the courts (Article 46-1 of the Criminal Code of the Republic of Belarus)” (hereinafter referred to as Resolution of the Plenum No. 1), explaining the procedure for applying special confiscation.
According to paragraph 13 of Resolution No. 1 of the Plenum, courts should take into account that in cases where a crime causes harm to the victim or another person, money and other material assets acquired by criminal means, based on the provisions of Part 3 of Article 44, Part 1 of Article 46-1 of the Criminal Code, and paragraph 4 of Article 98 of the Criminal Procedure Code, are applied to compensate for the damage from this crime, and the remaining part is subject to special confiscation.
Thus, compensation for damage to the victim is carried out on a priority basis.
The criminal procedure legislation of the Republic of Belarus provides for the possibility of signing a pre-trial cooperation agreement, which is concluded in writing between the suspect (accused) and the prosecutor, which defines the obligations of the suspect (accused) to assist the preliminary investigation and the conditions for the onset of liability of the suspect (accused) when he/she fulfills these obligations (clause 4-1 of Article 6 of the Criminal Procedure Code).
When a person who has committed a crime fulfills the obligations stipulated by a pre-trial cooperation agreement, the term or amount of punishment may not exceed half of the maximum term or amount of the type of primary punishment chosen by the court, stipulated by the relevant article of the Criminal Code, and in the event that a person has committed a serious or especially serious crime involving an attack on the life or health of a person, two-thirds of the maximum term or amount of the type of primary punishment chosen by the court, stipulated by the relevant article of the Criminal Code (Part 1 of Article 69-1 of the Criminal Code).
Thus, the conclusion by the suspect (defendant) of a pre-trial cooperation agreement does not imply his release from criminal liability and obligations to compensate the victims for property and moral damage. Such an agreement may include an obligation on the actions of the suspect (defendant) to compensate for property damage, pay for income obtained by criminal means, and other actions aimed at making amends for the damage caused by the crime. Thus, the said institution creates additional guarantees for victims of human trafficking to restore their violated rights.
Regarding the timeframes for consideration of criminal cases by courts, including those related to human trafficking, we inform you that judges are guided by the idea of procedural economy when considering cases. Breaks, postponements, and suspension of proceedings in a criminal case are possible only on the grounds established by the Criminal Procedure Code.
Regarding the time period for consideration of the criminal case related to human trafficking, we inform you that the case was considered in the court of first instance for 161 days.
In addition, in accordance with the first part of paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated September 26, 2002 No. 6 “On Certain Issues of the Application of the Criminal Procedure Law in the Court of First Instance,” courts must keep in mind that, having begun to consider a criminal case, the court does not have the right to consider other cases during the working day until a verdict is issued, the trial is postponed, or proceedings on the criminal case are suspended.
Accelerated proceedings in criminal cases are possible only if the actions of the suspect (accused) contain elements of crimes that do not pose a great public danger, or less serious crimes (Part 1 of Article 171, Parts 1 and 2 of Article 171-1, Part 1 of Article 181-1, Parts 1 and 2 of Article 187, Part 1 of Article 343-1 of the Criminal Code), if the fact of the crime is obvious, the person suspected of committing the crime is known, and he does not deny having committed this crime.
As for the effectiveness and deterrent effect of sanctions for committing a crime, we note that the court assigns a punishment taking into account the provisions of the Criminal Code within the limits established by a specific article of the Criminal Code providing for liability for the crime committed. When assigning a punishment, the court proceeds from the principle of individualization of punishment, that is, it takes into account the nature and degree of public danger of the crime committed, the motives and goals of the act, the personality of the perpetrator, the nature of the harm caused and the amount of damage caused, income obtained by criminal means, circumstances mitigating and aggravating liability, the opinion of the victim in private prosecution cases, motivating the chosen punishment in the sentence (Part 1 of Article 62 of the Criminal Code).
A sentence of imprisonment may be imposed only if the goals of criminal liability cannot be achieved by applying a more lenient punishment provided for in the relevant article of the Criminal Code (Part 2 of Article 62 of the Criminal Code).
5.1 Please describe the legislative and other measures adopted by your country which allow to: i) confiscate or otherwise deprive perpetrators of the proceeds of criminal offences, or property of an equivalent value to those proceeds; and ii) identify, trace, freeze or seize rapidly property which is liable to confiscation, in order to facilitate the enforcement of a later confiscation. Do these measures allow the identification, tracing and seizure of property into which the proceeds of illicit activities have been converted?
The procedure for recognizing an organization as involved in human trafficking, prohibiting its activities, confiscating property, and liquidating it is provided for in Article 29 of the Law on Combating Human Trafficking .
The Republic of Belarus, as a member of the Eurasian Group on Combating Money Laundering and Financing of Terrorism, in accordance with the standards and recommendations of the Financial Action Task Force on Money Laundering, through the capabilities of the Financial Monitoring Department of the State Control Committee of the Republic of Belarus, implements a set of measures aimed at identifying, tracking, freezing and seizing funds (assets) obtained through criminal means.
Measures related to confiscation are defined in Articles 96, 98 and 132 of the Criminal Procedure Code and in Article 46-1 of the Criminal Code.
According to Article 96 of the Criminal Procedure Code, material evidence is objects that served as tools and means of committing a crime. In accordance with Article 98 of the Criminal Procedure Code, tools and means of committing a crime belonging to the accused are subject to confiscation or destruction. Money and other valuables acquired by criminal means, by a court sentence or a ruling of the criminal prosecution body, are applied to compensate for damage from the crime to the victim, another person, or by a court sentence, ruling, or determination, are subject to confiscation. Other material evidence is given to their legal owners, and if the latter are not identified, they are subject to confiscation.
In order to track and seize property into which proceeds from illegal activities have been converted, a comprehensive system of measures is in effect, established by the Law of the Republic of Belarus of June 30, 2014 No. 165 “On measures to prevent the legalization of proceeds from crime, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction” and the acts adopted in its development.
i ) Art. 46-1 of the Criminal Code "Special confiscation"
1. When a crime is committed, the following are subject to special confiscation, i.e. forced gratuitous seizure into state ownership: property obtained by criminal means or acquired with funds obtained by criminal means; income received from the use of this property, as well as objects of the crime, if they are not subject to return to the victim or another person; instruments and means of committing the crime, belonging to the person who committed the crime; things withdrawn from circulation. Regardless of the right of ownership, a vehicle driven by a person who committed a crime provided for in Article 317-1 of this Code is subject to special confiscation (with the exception of vehicles that have left the legal possession of the owner (user) against his will or as a result of the illegal actions of other persons).
2. If special confiscation of property obtained by criminal means or acquired with funds obtained by criminal means, income received from the use of this property, is impossible at the time of the decision on special confiscation due to loss, expenditure, destruction, sale or for other reasons, a sum of money corresponding to the value of the property obtained by criminal means or acquired with funds obtained by criminal means and (or) the amount of income received from the use of this property shall be collected from the convicted person or person released from criminal liability in favor of the state. The amount of money to be collected shall be determined by the court on the day of the sentence, ruling, or determination.
ii ) According to Article 132 of the Code of Criminal Procedure, in order to ensure compensation for damage (harm) caused by a crime, recovery of income obtained by criminal means, a civil claim, other property recoveries, special confiscation, the body conducting the criminal proceedings has the right to seize the property of the suspect, the accused or persons legally liable for their actions.
Art. 132 of the Code of Criminal Procedure "Imposition of arrest on property"
1. In order to ensure compensation for damage (harm) caused by a crime, recovery of income obtained by criminal means, civil action, other property claims, special confiscation, the body conducting criminal proceedings has the right to seize the property of the suspect, accused or persons legally liable for their actions.
2. The body of inquiry or the investigator (with the sanction of the prosecutor or his deputy) the prosecutor or his deputy, the court may seize property owned by other persons in order to verify its actual ownership, sources of origin and legality of alienation, if there are sufficient grounds to believe that this property was alienated by the suspect, the accused for the purpose of concealing the ownership or sources of origin of such property or for the financing of terrorist activity, terrorism, extremist activity (extremism), an organized group, an illegal armed formation, a criminal organization, the distribution or financing of the proliferation of weapons of mass destruction.
3. The seizure of property owned by other persons is imposed during the preliminary investigation and/or trial.
4. In case of failure to confirm the actual ownership of property owned by other persons by the suspect or accused or its alienation for the purpose of concealing ownership or sources of origin or for financing terrorist activity, terrorism, extremist activity (extremism), an organized group, an illegal armed formation, a criminal organization, the distribution or financing of the proliferation of weapons of mass destruction, as well as in case of suspension or termination of the preliminary investigation, the decision to seize property owned by other persons shall be subject to cancellation. Issues related to compensation for property damage caused in connection with the seizure of property shall be resolved after the cancellation of the decision to seize the property in accordance with the procedure of civil proceedings.
5. The seizure of property located in a dwelling or other legal possession shall be carried out only with the consent of the owner (holder) of the dwelling or other legal possession or an adult residing in the dwelling, or with the sanction of the prosecutor, his deputy, or by order of the Chairman of the Investigative Committee of the Republic of Belarus, the Chairman of the State Security Committee of the Republic of Belarus or persons performing their duties, or by order (determination) of the court.
6. The seizure of funds in accounts and (or) deposits in banks and (or) non-bank credit and financial institutions, as well as electronic money, is carried out with the sanction of the prosecutor, his deputy, or by order of the Chairman of the Investigative Committee of the Republic of Belarus, the Chairman of the State Security Committee of the Republic of Belarus or persons performing their duties, or by order (determination) of the court.
7. The seizure of property consists of a prohibition addressed to the owner (holder) of the property on the disposal and, where necessary, use of this property, or in the seizure of the property and its transfer for storage.
8. A reasoned ruling (determination) on the seizure of property shall be issued and a protocol of the inventory of the seized property shall be drawn up, except for the cases stipulated by Part 10 of this Article. Copies of the ruling (determination) on the seizure of property and the protocol of the inventory shall be handed to the owner (holder) of the property, and in the case of seizure of property located in a dwelling or other legal possession, to the owner (holder) of the dwelling or other legal possession or to an adult living in the dwelling. A specialist may participate in the seizure of property, including for determining the value of the property.
9. The resolution (ruling) on the seizure of the property of the persons specified in Part 2 of this Article shall set out the circumstances that served as the basis for making such a decision. Copies of the resolution (ruling) on the seizure of the property and the inventory protocol shall be handed to the person whose property has been seized.
10. When seizing funds in accounts and (or) deposits in banks and (or) non-bank credit and financial institutions, as well as electronic money, cryptocurrency , an inventory report is not drawn up, and the owner (holder) is given a copy of the resolution (ruling) on the seizure of property. An inventory report is drawn up in the event of seizure of property stored in a bank and (or) non-bank credit and financial institution.
11. Arrest for the purpose of ensuring compensation for damage (harm) caused by a crime, recovery of income obtained by criminal means, a civil claim, or other property claims may not be imposed on property contributed or transferred as collateral in the manner established by Article 124 of this Code, property in accordance with the appendix to this Code, or in other cases stipulated by legislative acts, with the exception of property subject to special confiscation.
12. When imposing (cancelling) an arrest on property subject to registration (state registration), as well as on funds in accounts and (or) in deposits in banks and (or) non-bank credit and financial institutions, uncertificated securities, electronic money, the resolution (determination) of the body conducting the criminal proceedings shall be immediately sent to the relevant organization (body) carrying out registration (state registration) of the property, the bank and (or) non-bank credit and financial institution, the depository, the organization carrying out operations with electronic money, to ensure the execution (registration (state registration), recording, cancellation) of the arrest of the property.
13. When seizing funds in accounts and/or deposits in banks and/or non-bank credit and financial institutions, as well as electronic money, expenditure transactions with them, unless otherwise established by legislative acts, shall be terminated in full or within the limits of the amounts determined by the body conducting the criminal proceedings, which must be reflected in the resolution (ruling) on seizing property.
14. The property that has been seized may be seized and transferred for storage to a representative of the local executive and administrative body, an organization that operates the housing stock and (or) provides housing and communal services, the owner (holder) of this property or another person, who must be warned of the responsibility for the safety of the property, about which a written undertaking is taken. If necessary, the body conducting the criminal proceedings has the right to change the storage location of the seized property, about which a corresponding resolution (ruling) is issued.
15. The seizure for storage of seized funds located in accounts and (or) in deposits in banks and (or) non-bank credit and financial institutions, electronic money, is carried out to accounts or electronic wallets of the body conducting the criminal proceedings, intended for storing seized funds, in the uncontested order of writing off funds established by law.
16. The seizure of property shall be cancelled by a resolution (ruling) of the body conducting the criminal proceedings when this is no longer necessary. The cancellation of the seizure of property applied with the sanction of the prosecutor or his deputy shall be permitted only with the consent of the prosecutor or his deputy.
17. At the request of the suspect, the accused, persons legally liable for their actions, or persons specified in Part 2 of this Article, the seizure of funds may be lifted by the body conducting the criminal proceedings in the part necessary for the monthly support of themselves and their dependent disabled persons, in the amount of the subsistence minimum budget established by law, in the absence of other income from lawful activities.
18. A ruling (determination) on the seizure of property may also be cancelled in the event of a petition by the suspect, accused or persons legally liable for their actions to release the property from seizure for its sale for the purpose of compensating for damage (harm) caused by the crime, paying off income obtained by criminal means, other property collections under the control of the body conducting the criminal proceedings, as well as in other cases provided for by legislative acts on mortgages.
19. A ruling (determination) on the seizure of property may be appealed in the manner established by this Code. If the procedural relations arising in connection with the seizure of property are not regulated by this Code, then the norms of civil procedural legislation shall apply, unless they contradict this Code.
Note. For the purposes of this article, property means any items, including cash and documentary securities, non-cash funds in accounts, deposits in banks and (or) non-bank credit and financial institutions, uncertificated securities; electronic money; cryptocurrency; property rights, as well as exclusive rights to the results of intellectual activity.
In cases where internal affairs agencies, when documenting human trafficking and related crimes, discover the criminal proceeds of traffickers and other property acquired through criminal means, information and materials on this established procedure are provided to the preliminary investigation agencies.
5.2 In what way do victims of THB benefit from seized and confiscated assets of perpetrators of THB? Do the confiscated assets go directly to victims, to a compensation fund or scheme for victims of trafficking or to other programmes for the assistance or support of victims of THB? Please provide information on seizures and confiscations of assets in THB cases and how they were used.
The damage caused may be compensated for using seized funds and other property.
5.3 Is it possible to use plea bargaining or some other form of settlement in cases of THB? If yes, please provide the relevant provisions. What protections are in place for victims of THB to ensure that their right of access to justice and effective remedies is not compromised by the plea bargaining or settlement in the legal process?
The provisions of the Code of Criminal Procedure provide for the possibility of concluding a pre-trial cooperation agreement in writing between the suspect (accused)
and the prosecutor, which defines the obligations of the suspect (accused) to assist the preliminary investigation and the conditions for the onset of liability of the suspect (accused) when he/she fulfills these obligations.
Article 468-6 of the Code of Criminal Procedure establishes the procedure for filing a petition for concluding a pre-trial cooperation agreement, namely:
a petition for concluding a pre-trial cooperation agreement shall be submitted by the suspect (accused) in writing to the prosecutor. The said petition shall be signed by the suspect (accused), his/her defense attorney, and if the suspect (accused) is a minor, also by his/her legal representative; a pre-trial cooperation agreement may not be concluded with persons who have committed a socially dangerous act while insane. If the person who committed a socially dangerous act is recognized as insane, the pre-trial cooperation agreement shall lose its force;
In a petition for a pre-trial cooperation agreement, the suspect (accused) pleads guilty to committing a crime, specifies the actions he/she undertakes to perform in order to assist the preliminary investigation in investigating the crime, identifying other accomplices to the crime, searching for property acquired by criminal means, as well as actions to compensate for property damage, pay for income obtained by criminal means, and other actions aimed at making amends for the harm caused by the crime. The suspect (accused) may also additionally undertake to provide information known to him/her about other crimes and the persons who committed them; the suspect (accused) has the right to file a petition for a pre-trial cooperation agreement after the initiation of a criminal case and before the completion of the preliminary investigation is announced to him/her.
Based on the results of the review, the prosecutor or his deputy makes one
of the following decisions:
on the satisfaction of a petition for the conclusion of a pre-trial
cooperation agreement, on the basis of which the said agreement is drawn up;
on the refusal to satisfy the petition for the conclusion of a pre-trial cooperation agreement, about which a ruling is issued.
In accordance with Article 69-1 of the Criminal Code, when a person who has committed a crime fulfills the obligations stipulated by a pre-trial
cooperation agreement, the term or amount of punishment may not exceed half of the maximum term or amount of the type of primary punishment chosen by the court, provided for by the relevant article of the Special Part of the Criminal Code, and in the event that a person commits a serious or especially serious crime involving
an attack on the life or health of a person, two-thirds of the maximum term or amount of the type of primary punishment chosen by the court, provided for by the relevant article of the Special Part of the Criminal Code.
The rules provided for in Part 1 of the said article shall not apply
to a person who has committed a crime for which the relevant article of the Special Part of the Criminal Code provides for life imprisonment or the death penalty. In this case, if the person who has committed the crime fulfills the obligations stipulated by the pre-trial cooperation agreement, life imprisonment and the death penalty shall not be applied. Such a person shall be sentenced to imprisonment for a term determined by the relevant article of the Special Part of the Criminal Code.
Thus, the right of access to justice and effective legal remedies cannot be jeopardized by the said pre-trial cooperation agreement.
Information from the Investigative Committee
In accordance with Article 468-6 of the Criminal Procedure Code, a pre-trial cooperation agreement cannot be concluded with persons who have committed a socially dangerous act in a state of insanity, as well as in criminal cases of accelerated proceedings. The Criminal Procedure Code does not provide for any other restrictions.
The provisions of Articles 468-5 - 468-11 of the Criminal Procedure Code do not provide for the participation of the victim or civil plaintiff in the conclusion of a pre-trial cooperation agreement, and do not link the decision on the possibility of using this agreement when considering a criminal case in a court session with their expression of will.
According to the decision of the Constitutional Court of the Republic of Belarus dated December 26, 2014 No. R-967/2014 "On the conformity of the Law of the Republic of Belarus "On Amendments to the Criminal, Criminal Procedure, Criminal-Executive Codes of the Republic of Belarus, the Code of the Republic of Belarus on Administrative Offenses and the Procedural-Executive Code of the Republic of Belarus on Administrative Offenses" with the Constitutional Court, the Constitutional Court considers such restrictions on the rights of participants in criminal proceedings to be permissible, since the pre-trial cooperation agreement defines the duties of the suspect (accused) to assist the preliminary investigation in order to solve the tasks of the criminal process, including to expose and bring to criminal responsibility the perpetrators (Part 1 of Article 7 of the Criminal Procedure Code), which corresponds to the interests specified in Part 1 of Article 23 of the Constitution of the Republic of Belarus.
5.4 What is the average duration of court proceedings in THB cases? In which circumstances are such cases given priority? Do you have a system to fast-track human trafficking-related prosecutions in order to improve the trial process and reduce the burden on victims and witnesses, including children? What safeguards are in place to ensure that judges deal with cases of THB without undue delay?
According to Part 3 of Article 276 of the Code of Criminal Procedure, the decision to appoint a trial is made by the court within 14 days from the date of receipt of the case by the court; for cases under the jurisdiction of the Supreme Court, regional and Minsk City Courts, within one month. In exceptional cases, given the particular complexity and large volume of the case, the period may be extended by order of the chairman of the court to one and three months, respectively.
In accordance with the explanations contained in the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated 22.12.2016 No. 9 "On Ensuring the Right to Judicial Protection and the Culture of Judicial Activity", in order to exclude unjustified suspension and postponement of cases, unjustifiably long breaks in court hearings, courts are required to carry out proper preparation for the consideration of each criminal case. The time required to conduct a trial is determined taking into account the volume, complexity and number of participants.
5.5 How do you ensure that sanctions for THB offences are effective, proportionate and dissuasive?
Criminal liability in the Republic of Belarus is based on the principles of legality, equality of persons before the law, inevitability of responsibility, personal guilty responsibility, justice and humanism.
No one may be found guilty of committing a crime
and subject to criminal liability except by a court sentence and in accordance with the law. The criminality of an act, its punishability and other criminal-legal consequences are determined only by the Criminal Code. The norms of the Code are subject to strict interpretation. The application of criminal law by analogy is not permitted.
Persons who have committed crimes are equal before the law and are subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and other circumstances.
Every person found guilty of committing a crime is subject to punishment or other measures of criminal liability. Release from criminal liability or punishment is permitted only in cases provided for by the Criminal Code.
A person is subject to criminal liability only for those
socially dangerous actions (inactions) committed by him and the resulting socially dangerous consequences provided for by the Criminal Code, in respect of which his guilt has been established, i.e. intent or negligence. Criminal liability for innocent causing of harm is not allowed.
Punishment and other measures of criminal liability must be fair, that is, established and assigned taking into account the nature and degree of public danger of the crime, the circumstances of its commission and the personality of the perpetrator. No one may bear criminal liability twice for the same crime.
The Criminal Code serves to ensure physical, mental, material, environmental and other security of a person. A person who has committed a crime must be assigned a punishment or other measure of criminal liability necessary and sufficient for his correction. Punishment and other measures of criminal liability do not have the purpose of causing physical suffering or humiliation of human dignity.
According to Article 62 of the Criminal Code, the court shall impose a punishment taking into account the provisions of the General Part of the Criminal Code within the limits established by the article of the Special Part providing for liability for the crime committed. When imposing a punishment in the form of community service, a fine, deprivation of the right to hold certain positions or engage in certain activities, the court shall be guided by the limits established in Articles 49, 50 and 51 of the Criminal Code. When imposing a punishment, the court shall proceed from the principle of individualization of punishment, that is, it shall take into account the nature and degree of social danger of the crime committed, the motives and goals of the act, the personality of the perpetrator, the nature of the harm caused and the amount of damage caused, income obtained by criminal means, circumstances mitigating and aggravating liability, the opinion of the victim in private prosecution cases, justifying the chosen punishment in the sentence.
A sentence of imprisonment may be imposed only if the goals of criminal liability cannot be achieved by applying a more lenient punishment provided for in the relevant article of the Special Part of the Criminal Code.
6. Ex parte and ex officio applications (Article 27)
6.1 What is the procedural position of a victim of THB in criminal proceedings? What steps are taken to assist victims of THB, including children, to enable their rights, interests and views to be presented and considered during the criminal proceedings against offenders? Who is entitled to assist victims of THB in court? Can victims of THB be represented by NGOs in criminal proceedings?
Information from the Investigative Committee
In accordance with Article 1 of the Law on Combating Trafficking in Human Beings, a victim of human trafficking is a person against whom human trafficking or a crime related to it has been committed.
The status of "victim of human trafficking" is not procedural, as it is not provided for by the Criminal Procedure Code. In accordance with Article 49 of the Criminal Procedure Code, a victim is an individual who has suffered physical, property or moral harm as a result of a socially dangerous act provided for by criminal law and in relation to whom the body conducting the criminal proceedings has issued a ruling (determination) recognizing him as a victim.
The rights of the victim (and his representative) are reflected in Articles 28, 50, 57, 59, 296 of the Code of Criminal Procedure.
Information from the Prosecutor General's Office
A victim of human trafficking, depending on the type and nature of the crime committed against him, may act in criminal proceedings as a victim or witness, while the victim’s participation in criminal proceedings and his procedural status do not affect the provision of the necessary assistance to him within the framework of the application of protection and rehabilitation measures against him.
An individual who has suffered physical, property or moral harm as a result of a socially dangerous act provided for by criminal law and in respect of whom the body conducting the criminal proceedings has issued a corresponding ruling (determination) is recognized as a victim (Article 49 of the Criminal Procedure Code).
The rights and obligations of the victim are enshrined in Article 50 of the Criminal Procedure Code.
The rights of a minor victim are exercised along with him or instead of him by his legal representative, and the rights of an incapacitated victim are exercised instead of him by his legal representative (part 6 of Article 50).
According to subparagraph 1.2 of paragraph 1 of the Law on Combating Human Trafficking, social protection and rehabilitation of victims of human trafficking are provided free of charge and include, among other things, legal assistance (including explanation of their rights and obligations stipulated by law), including free legal assistance provided by bar associations. Legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives.
According to paragraph 28 of Article 6 of the Code of Criminal Procedure, representatives are close relatives, family members of the victim, civil plaintiff and civil defendant, legal representatives; lawyers, representatives of trade unions and other public associations, as well as other persons admitted to participate in a criminal case
with the permission of the body conducting the criminal proceedings.
According to Part 4 of Article 20 of the Criminal Procedure Code everyone has the right, during the course of proceedings on materials and a criminal case, to legal assistance for the exercise and protection of rights and freedoms, including the right to use, in the cases and in the manner provided for by this Code, legal assistance from lawyers and other representatives.
According to Part 1 of Article 58 of the Criminal Procedure Code, representatives of the victim, civil plaintiff, and civil defendant are persons who are authorized by the said participants in criminal proceedings to represent their interests in
criminal proceedings and in relation to whom the body conducting the criminal proceedings has issued a ruling (determination) recognizing them as representatives.
In accordance with Part 3 of Article 58 of the Criminal Procedure the victim, civil plaintiff, and civil defendant may have several representatives.
The rights and obligations of the representative of the victim, civil plaintiff or civil defendant are defined by Article 59 of the Criminal Procedure Code.
The Prosecutor General's Office, the Investigative Committee, and other interested government agencies and organizations have adopted a set of organizational, practical, and methodological measures aimed at respecting the rights and ensuring the interests of minor participants in criminal proceedings, minimizing the number of contacts between minor victims and witnesses of violence and exploitation against minors, and providing timely and comprehensive assistance to minor victims and their legal representatives.
For these purposes, at the initiative of the Prosecutor General's Office, in order to minimize psycho-emotional trauma to children during investigative actions with their participation, providing them with social and pedagogical support and psychological support, by Resolution of the Council of Ministers of the Republic of Belarus dated 17.08.2023 No. 539, the Regulation on a child-friendly interrogation room (hereinafter referred to as a friendly room) was approved.
Currently, 137 friendly rooms operate on the basis of social and pedagogical centers, in the central office and departments of the State Committee of Forensic Expertise in the regions and the city of Minsk, as well as within the framework of the activities of the International Public Organization "SOS – Children’s Village".
The Investigative Committee is also introducing into practice the use of mobile complexes for conducting individual investigative and other procedural actions, allowing them to be recorded by sound or video with the organization of remote communication between the investigator and the psychologist in friendly conditions.
6.2 If the authorities fail to discharge their obligation to effectively investigate and prosecute suspected cases of trafficking, what possibilities for redress exist for victims of THB and their families? To what extent have victims of trafficking, including children, access to complaint mechanisms, such as Ombudsman institutions and other national human rights institutions?
Obligations to effectively investigate and prosecute suspected cases of trafficking in human beings are fulfilled in all cases.
There are many means of protecting citizens' rights in Belarus. These are administrative protection, judicial control, prosecutorial supervision, etc.
Information from the Ministry of Education
In the Republic of Belarus, victims of human trafficking, including children, are provided with the maximum degree of access to complaint mechanisms, such as ombudsman institutions and other national human rights institutions.
Public reception offices of the National Commission on the Rights of the Child (hereinafter referred to as the Commission) operate in all regions of Belarus. In accordance with paragraph 3.7. of the "Regulations on the National Commission on the Rights of the Child", approved by the Decree of the President of the Republic of Belarus dated 16.11.2006 No. 675, the Commission considers appeals from minors, their legal representatives and other persons, public associations on issues of protecting the rights and legitimate interests of children. The work of the admissions commission for considering appeals and receiving minors, their legal representatives and other persons is organized on the basis of the educational institution "National Center for Artistic Creativity of Children and Youth" of the Ministry of Education of the Republic of Belarus. Authorized commissions work in each regional center of Belarus and the city of Minsk. Members of the Commission periodically conduct mobile receptions of children, their legal representatives, other persons on issues of implementing the rights of minors, their protection and support.
On the websites of education departments, education departments of district (city) executive committees, educational institutions there are links to the Children's Legal Website, the Admissions Committee.
In all educational institutions legal information corners have been designed and are systematically updated, where materials are posted for students and their parents, including on the problems of human trafficking, information on the possibility of seeking psychological, medical, social and legal assistance, as well as the mechanism for filing appeals (complaints).
Every year, educational institutions hold weeks, decades, months, informational and class hours, and thematic events on legal education of students with the invitation of law enforcement officers.
6.3 What reporting and complaint mechanisms are in place for victims of trafficking who are in an irregular migration situation and/or in detention?
The essence of this question is not clear.
If we are talking about filing a complaint about the commission of a crime (human trafficking), then such a right is not limited by the status or location of the victim of human trafficking.
A person remanded in custody, his defense counsel, or legal representative have the right to appeal to the court the decision (determination) of the body conducting the criminal proceedings, in the manner prescribed by Article 143 of the Criminal Procedure Code.
6.4 Can victims of THB bring claims against the State or its officials for: i) direct involvement in THB; ii) failure to prevent THB or protect them from THB? Have there been cases where State agents or persons acting on behalf, or at the direction, of the State were found responsible for engagement in THB and/or failure to prevent it or protect victims from THB by third parties? Please provide information on any prosecutions against diplomatic and consular staff for alleged involvement in THB.
i ) paragraph 5, part 2, article 181 of the Criminal Code criminalizes actions related to the recruitment, transportation, transfer, concealment or receipt of a person for the purpose of exploitation, committed by means of deception or abuse of trust, or the use of violence that is not dangerous to the life or health of the victim, or
with the threat of using such violence (human trafficking), committed by a person
using his official powers.
Clause 4, Part 2, Article 181-1 of the Criminal Code criminalizes actions related to the use of slave labor or other forms of human exploitation in the absence of elements of a crime provided for in Article 181 of this Code, committed by an official using his official powers;
ii ) Article 425 of the Criminal Code criminalizes actions related to the deliberate failure of an official, contrary to the interests of the service, out of selfish or other personal interest, to perform actions that he should and could have performed by virtue of the official duties imposed on him, associated with the connivance of a crime or that resulted in the failure to meet indicators, the achievement of which was a condition for the provision of state support, or causing damage on a large scale or significant harm to the rights and legitimate interests of citizens or state or public interests (inaction of an official)
According to Part 2, 3 of Article 172 of the Code of Criminal Procedure, the criminal prosecution agency is obliged to accept, register and consider an application or report on any committed or planned crime. The applicant is given a document on the registration of the accepted application or report on the crime, indicating the official who accepted the application or report and the time of their registration.
An unjustified refusal to accept a statement or report of a crime may be appealed to the prosecutor in the manner established by Articles 139, 141 and 143 of this Code.
There are no examples of officials participating in human trafficking or failing to act in the area of combating human trafficking.
Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs is not aware of any cases in which employees of internal affairs bodies have been found responsible for participating in human trafficking and/or failing to prevent it or to protect victims from human trafficking by third parties .
6.5 What steps have been taken to strengthen and maintain the capacity of prosecutors to effectively prosecute trafficking cases?
The essence of the question is not clear.
The status of the prosecutor in criminal proceedings is regulated by Article 34 of the Code of Criminal Procedure:
1. The prosecutor is an official who, within the limits of his competence, carries out criminal prosecution on behalf of the state and supports the state prosecution in court.
2. In exercising his powers to supervise the implementation of laws at the stages of pre-trial proceedings, the prosecutor is independent and subject only to the law.
3. The prosecutor has the right to bring a claim against the accused or against the person who bears financial responsibility for his actions in defense of the interests of the victim who is in a helpless state or for other reasons is unable to independently exercise his right, and also to bring and support claims in the interests of legal entities and the state.
4. During pre-trial proceedings on the materials, the prosecutor has the right to familiarize himself with the materials of operational-search activity related to the application or message under consideration, to give mandatory written instructions to the bodies authorized by law to carry out inquiries, operational-search activity, on the performance of investigative and other procedural actions, the implementation of operational-search measures, to initiate a criminal case and refuse to initiate it. During pre-trial proceedings on a criminal case, the prosecutor accepts the criminal case for his production and investigates it in full, while using the powers of an investigator, or assigns its investigation to a lower prosecutor or the appropriate preliminary investigation body; supervises the investigation of criminal cases by the inquiry body, the investigator; exercises procedural guidance and supervision over the activities of the lower prosecutor conducting the preliminary investigation.
5. In supervising compliance with the law during the preliminary investigation and inquiry, the prosecutor is authorized to:
1) request in writing from a subordinate prosecutor, investigator and inquiry body criminal cases and materials for verification, and also verify criminal cases and materials;
2) to remove from the inquiry body and transfer to the preliminary investigation body any criminal case in accordance with the jurisdiction determined by Article
182 of this Code;
3) personally carry out individual investigative and other procedural actions when authorizing the application of a preventive measure in the form of detention, house arrest, prohibition of certain actions in a criminal case being handled by an investigator, as well as a preliminary investigation in full in order to ensure a comprehensive, complete and objective investigation of the circumstances of the criminal case;
cooperation agreement with the suspect (accused);
4) assign preliminary investigation of a criminal case initiated and accepted for proceedings to a group of prosecutors, and, in agreement with the heads of the relevant investigative units, to a group of investigators, and head this investigative group;
5) to cancel unlawful and unfounded decisions of a subordinate prosecutor, the head of the investigative unit, the investigator, the inquiry body and the person conducting the inquiry, with the exception of the decisions specified in Part 5 of Article 35 and Part 6 of Article 38 of this Code, as well as instructions of a subordinate prosecutor or the head of the inquiry body that do not comply with the law;
6) give the subordinate prosecutor, the bodies authorized by law to carry out inquiries, operational-search activities, the person conducting the inquiry, written instructions that are binding on the performance of investigative and other procedural actions, the implementation of operational-search activities, as well as the application of measures to ensure security;
7) apply, change or cancel preventive measures in criminal cases pending before a lower prosecutor, extend the period of detention, house arrest, the period for reviewing applications and reports of crimes and the period of preliminary investigation;
8) terminate criminal proceedings in cases and on the grounds provided for by this Code;
9) permit recusal and self-recusal;
10) resolve complaints against decisions and actions of a lower prosecutor, investigator, inquiry body and person conducting the inquiry, with the exception of complaints, the consideration of which is assigned by law to the competence of the court;
11) issue a demand to the head of the investigative unit, the inquiry body to eliminate violations of the law committed by the inquiry body, the person conducting the inquiry, the investigator when accepting, registering and considering an application or report of a crime, during the inquiry, preliminary investigation, which must be considered within one month from the moment of its receipt, unless another period is established by the prosecutor who sent the demand;
12) remove a lower-ranking prosecutor from conducting a preliminary investigation and transfer the case to another prosecutor or to a preliminary investigation body if he or she has committed violations of the law during its investigation, or accept the criminal case for his or her own proceedings and conduct the preliminary investigation personally;
13) apply to the relevant authorities with a motion to deprive persons enjoying immunity from criminal prosecution if these persons are subject to prosecution as defendants in a criminal case pending before them;
14) authorize the application of a preventive measure in the form of detention, house arrest, prohibition of certain actions, bail; conducting a search, inspection of a home or other legal possession, inspection of computer information; seizure of property located in a home or other legal possession, postal, telegraph and other mailings and their seizure; demand for the provision of information and seizure of documents containing state secrets or other secrets protected by law; wiretapping and recording of conversations conducted via technical communication channels and other conversations; removal of a corpse from a burial site (exhumation); placement of a suspect or accused who is not in custody in a forensic psychiatric expert hospital; removal of a suspect or accused from office in the cases and manner established by this Code;
15) return criminal cases to a lower prosecutor or investigator with their written instructions, which are mandatory for execution, on the performance of additional investigative and other procedural actions in the cases and in the manner provided for in paragraph 3 of part 1 of Article 264 of this Code, as well as in the event of the cancellation of a decision to terminate a preliminary investigation;
16) refer criminal cases to a lower prosecutor or investigator for additional preliminary investigation in the event of the court transferring a criminal case when rendering an acquittal due to lack of evidence of the accused’s participation in the commission of a crime, if the person who committed the crime remains unidentified, or for preliminary investigation in the event of the court transferring a criminal case that has been separated into separate proceedings in connection with the acquittal of the accused on individual charges due to lack of evidence of participation in the commission of a crime or in the event of the acquittal of one of several accused due to lack of evidence of participation in the commission of a crime;
17) refer the criminal case to court;
17-1) submit to the head of the investigative unit or inquiry body a mandatory submission for execution on eliminating violations of the law in the activities of preliminary investigation and inquiry bodies, the causes and conditions that contribute to these violations, which is subject to immediate consideration with written notification within one month of the measures taken to implement the submission;
18) use other powers granted to him by this Code.
5-1. The Prosecutor General and his deputies, prosecutors of regions, the city of Minsk or persons performing their duties, when canceling decisions of the preliminary investigation body to refuse to initiate a criminal case and to suspend the preliminary investigation, have the right to issue mandatory written instructions on the performance of additional investigative and other procedural actions.
6. During the trial of a criminal case, the prosecutor, as the state prosecutor, shall have the right to file recusals and motions; express opinions regarding the actions of other participants in the criminal process, as well as on issues resolved by the court; present evidence to the court; change the list of persons to be summoned to the court hearing compiled by the investigator; give the inquiry body and the preliminary investigation body binding instructions to ensure the presentation of evidence to the court; apply procedural coercion measures to ensure the presentation of evidence to the court; participate in the judicial examination of evidence in the criminal case; change, supplement and present a new charge; withdraw the charge; protest against the actions of the other party; object to the actions of the presiding judge that are unfounded or that seem to him to be incorrect on other grounds; demand that objections to the said actions and records of circumstances that, in his opinion, should be noted be entered into the minutes of the court hearing; exercise other powers provided for by this Code.
7. When participating in a court hearing, the prosecutor is obliged to observe the procedure of the court session, obey the lawful orders of the presiding judge, take measures to ensure the appearance at the court session of victims and witnesses for whom security measures have been taken, new witnesses whose questioning arose when the state prosecutor exercised his powers in the manner prescribed by Part 5 of Article 302 of this Code, as well as in the cases stipulated by Part 1 of Article 302 of this Code, and fulfill other duties stipulated by this Code.
8. During the trial of criminal cases, the participation of the prosecutor as a state prosecutor is mandatory in cases of public and private-public prosecution, as well as in cases of private prosecution initiated by the prosecutor, with the exception of cases provided for in Part 2 of Article 455 of this Code.
9. During the appellate consideration of a criminal case, the prosecutor shall have the right to file recusals and motions, including the right to summon the accused, victim, witnesses, experts, specialists, to request the necessary additional documents, to appoint an expert examination, to examine the evidence available in the case; to present additional materials; to ask questions of the accused, victim, witnesses, experts, specialists who have appeared; to express an opinion regarding the actions of other participants in the process, as well as on issues resolved by the court; to express an opinion on the complaints filed, as well as on the legality, validity, and fairness of the sentence; to receive a copy of the appellate ruling; to use other powers granted to him by this Code.
10. During a cassation or supervisory review of a criminal case, the prosecutor shall have the right to file challenges and motions; ask questions of the participants in the criminal proceedings who have appeared; express an opinion regarding the actions of other participants in the proceedings, as well as on issues resolved by the court; express an opinion on filed complaints, as well as on the legality of the sentence, ruling, or order of the court; give an opinion on a criminal case being considered in cassation proceedings upon a protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies, chairmen of regional, Minsk city courts, or in supervisory proceedings upon a protest of the Chairman of the Supreme Court of the Republic of Belarus or his deputies; receive a copy of the cassation or supervisory ruling (order); use other powers granted to him by this Code.
The Prosecutor General's Office systematically conducts inspections of the implementation of legislation on combating human trafficking, including in the prevention, detection and suppression of human trafficking and related crimes, during which investigative practice in criminal cases of this category is analyzed.
When violations of the law are identified, prosecutorial response measures are taken to eliminate and prevent them.
7. Non-punishment provision (Article 26)
Supreme Court Information on Section 7 of the Questionnaire
The Criminal Code provides for a number of circumstances that exclude the criminality of an act.
Thus, an action committed in a state of necessary defense, that is, in defense of life, health, property, home, rights of the defender or another person, the interests of society or the state from a socially dangerous attack by causing harm to the attacker, is not a crime, if the limits of necessary defense were not exceeded (Part 2 of Article 34 of the Criminal Code).
An action committed in a state of extreme necessity, that is, to prevent or eliminate a danger directly threatening the person, the rights and legitimate interests of the person or other persons, the interests of society or the state, is also not a crime if this danger, under the given circumstances, could not be eliminated by other means and if the harm caused is less significant than that prevented (Part 1 of Article 36 of the Criminal Code).
In addition, a participant in a criminal organization or gang (except for the organizer or leader), who voluntarily declared the existence of a criminal organization or gang and contributed to their exposure, is exempt from criminal liability for participation in a criminal organization or gang and crimes committed by him as part of a criminal organization or gang, with the exception of especially serious or serious crimes related to an attack on the life or health of a person (Article 20 of the Criminal Code).
As for the exemption of victims of human trafficking from administrative liability, Article 8.8 of the Code of the Republic of Belarus on Administrative Offences establishes that an individual who has committed an administrative offence as a result of circumstances caused by the commission of acts against him/herself, as provided for in Article 181 of the Criminal Code or aimed at his/her use for the purposes of sexual or other exploitation, liability for the commission of which is provided for in Articles 171, 171-1, 181-1, 182, 187 of the Criminal Code, is exempt from administrative liability.
As stated earlier, victims of human trafficking in criminal proceedings usually act as victims.
In order to recognize an individual as a victim, it is necessary to establish the fact that he/she has suffered physical, property or moral harm as provided for by criminal law through a socially dangerous act, about which the body conducting the criminal proceedings issues a ruling (determination) regarding his/her recognition as a victim (Part 1 of Article 49 of the Criminal Procedure Code).
7.1 Please indicate what measures are taken to ensure that victims of THB, including children, are not punished for their involvement in unlawful activities (criminal, civil, administrative offences), to the extent they were compelled to do so, providing any concrete examples of their implementation.
Article 63 of the Criminal Code of the Republic of Belarus classifies the commission of a crime under the influence of a threat or coercion or due to material, official or other dependence as a circumstance mitigating responsibility. A similar provision applicable
to administrative offenses is contained in Article 7.2 of the Code of the Republic of Belarus
on Administrative Offenses.
Minors who have produced and distributed pornographic materials containing their own images as a result of influence exerted on them by other persons, in accordance with Article 26 of the ConventionCouncil of Europe on action against trafficking in human beings of 16.05.2005, to which the Republic of Belarus acceded on 12.07.2013 , are recognized as victims of the crime of human trafficking and do not bear criminal liability for these actions.
A person may also be exempted from criminal liability if the action was committed in a state of extreme necessity (Article 36 of the Criminal Code), that is, to prevent or eliminate a danger directly threatening the person, rights and legitimate interests of the person or other persons, the interests of society or the state, if this danger under the given circumstances could not be eliminated by other means and if the harm caused is less significant than that prevented. A state of extreme necessity is also recognized if the actions committed with the purpose of preventing danger did not achieve their goal and the harm occurred despite the efforts of the person who conscientiously hoped to prevent it.
According to the Criminal Code, a victim of human trafficking who has committed a crime is not subject to criminal liability due to the presence of circumstances that exclude the criminality of the act, provided for in Chapter 6 of the Criminal Code, as well as in accordance with the general rules of exemption from criminal liability (Articles 86, 87, 88, 89, 118 of the Criminal Code, etc.).
Along with the general norms of criminal and administrative law
on extreme necessity, permissible self-defense, etc., and in terms of children - also on the age at which criminal liability begins (depending on the type and nature, the severity of the crime is 14, 16 or 18 years), a special type of exemption from liability for victims of human trafficking is provided for in Article 8.8 of the Code of Administrative Offenses. It is applied in cases where the offense committed by a person is due to circumstances caused by an attack against him, associated with human trafficking, or other exploitation. Thus, an individual who has committed an administrative offense due to circumstances caused by the commission of acts against him, entailing liability under Article 181Criminal Code (human trafficking), or acts aimed at its use for the purposes of sexual or other exploitation, liability for which is provided for by Art. 171 of the Criminal Code (use of prostitution or creation of conditions for prostitution) , Art. 171 1 of the Criminal Code (involvement in prostitution or coercion to continue engaging in prostitution), Art. 181 1 of the Criminal Code (use of slave labor), Art. 182 of the Criminal Code (kidnapping) , Art. 187Criminal Code (illegal actions aimed at employing citizens abroad are exempt from administrative liability).
7.2 Can persons who have breached national laws in the course, or as a consequence, of being trafficked have access to remedies for victims of trafficking, including State compensation?
The above-mentioned exceptions to the provision of legal protection to victims of human trafficking are not provided for by Belarusian legislation. In this regard, all victims have access to legal protection and compensation for damages.
According to Article 20 of the Code of Criminal Procedure, all persons participating in criminal proceedings are equal before the law and have the right, without any discrimination, to equal protection of their rights and legitimate interests.
The proceedings on the materials and criminal case are carried out on the basis of equality of citizens before the law, regardless of their origin, social, official and property status, racial and national affiliation, political and other beliefs, attitude to religion, gender, education, language, type and nature of occupation, place of residence and other circumstances.
Everyone has the right, during the course of proceedings on materials and a criminal case, to legal assistance for the exercise and protection of rights and freedoms, including the right to use, in the cases and in the manner provided for by the Code of Criminal Procedure, legal assistance from lawyers and other representatives.
8. Protection of victims and witnesses (Articles 28 and 30)
Supreme Court Information on Section 8 of the Questionnaire
Part 7 of Article 10 of the Code of Criminal Procedure stipulates that if there is sufficient evidence that a victim, witness, expert or other participants in criminal proceedings, as well as members of their families, close relatives and other persons whom they reasonably consider close, are being threatened with murder, violence, destruction or damage to property or other illegal actions, the body conducting the criminal proceedings is obliged, within the limits of its competence, to take measures provided by law to protect the life, health and property of these persons.
Chapter 8 of the Code of Criminal Procedure regulates issues related to measures to ensure the safety of participants in criminal proceedings and other persons.
Decisions on the application of security measures by the body conducting criminal proceedings (including the court) are made: upon establishing circumstances indicating the existence of grounds for taking security measures; in the event of receipt of other information on circumstances indicating the existence of grounds for taking security measures; upon the application of a participant in criminal proceedings on the need to take security measures (Part 2 of Article 65 of the Criminal Procedure Code).
As measures to protect victims and witnesses of human trafficking and to prevent intimidation and repeated trauma, the court may apply the following procedural security measures on the basis of Part 1 of Article 66 of the Code of Criminal Procedure:
non-disclosure of personal information;
exemption from appearing at a court hearing;
closed court session (in 2022 the trial of a criminal case related to human trafficking was held in a closed court session).
Other security measures include the use of technical means of control; wiretapping of conversations conducted using technical means of communication and other conversations; personal security, protection of housing and property; changing the details of an identity document and replacing documents; a ban on the issuance of information (Part 2 of Article 66 of the Criminal Procedure Code).
Taking into account the nature and degree of danger to the life, health, property and other rights of protected persons, other measures to ensure safety may be taken (Part 3 of Article 66 of the Criminal Procedure Code).
Articles 73 and 74 of the Code of Criminal Procedure establish the procedure for applying and canceling security measures. Thus, if there are grounds for taking security measures, the body conducting the criminal proceedings is obliged to make a decision within 24 hours on their application or refusal to apply them, about which a reasoned resolution (ruling) is issued.
The resolution (ruling) on the application of security measures is immediately sent for execution to the internal affairs or state security agency at the place of residence, work or study of the protected person. If necessary, the protected person is notified of the decision taken.
The state body entrusted with the implementation of security measures shall immediately establish a list of measures necessary for the protection of a person or his property and shall implement them.
The body conducting the criminal proceedings and making the decision to apply them is notified of the security measures taken within 24 hours.
Security measures are cancelled by resolution (ruling) of the body conducting criminal proceedings when the grounds for their application have ceased to exist, as well as in the event of a violation by the protected person of the conditions for the implementation of these measures, which significantly complicates or makes their application impossible.
In addition, in accordance with paragraphs 2 and 2-1 of Part 1 of Article 333 of the Code of Criminal Procedure, the court may, at its discretion or at the request of the parties, read out the testimony of the victim and witness given during pre-trial proceedings, as well as reproduce an audio recording of their testimony, a video recording or filming of the interrogation in the absence of the victim or witness from the court hearing for reasons that preclude the possibility of their appearance, or in the event that the victim or witness has not reached the age of fourteen and the criminal case file contains audio and video recording of their testimony.
The courts also provide for the equipment of a special room for a protected witness. The transmission of audio and video information about the course of the court session to the room intended for the protected person is carried out by means of the recording subsystem to a personal computer installed in it. The sound from this room is transmitted to the courtroom. As a means of protection, a voice distortion device is used, allowing the creation of various presets (separately for male and female voices), with the impossibility of restoring the voice using software and hardware methods.
The equipment of premises for protected witnesses in courts of general jurisdiction is planned in nature and is carried out as part of new construction or major repairs of court buildings.
According to Part 2 of Article 67 of the Code of Criminal Procedure, the interrogation of a protected person in a court hearing may be carried out outside the visual range of other persons, including those in the courtroom, or with the use of measures to ensure the unrecognizability of the protected person, which is noted in the summary protocol, the minutes of the court hearing.
When a protected person is released from appearing at a court hearing, the testimony given by him during the preliminary investigation is read out in court, and an audio, film or video recording of his interrogation is played, with measures to ensure unrecognizability. The interrogation of a protected person may be carried out while he is outside the courtroom, using video equipment that ensures his unrecognizability (Parts 2 and 3 of Article 68 of the Code of Criminal Procedure).
Additionally, we note that, in accordance with the amendments made to the Criminal Procedure Code (Laws of the Republic of Belarus of May 26, 2021 No. 112 "On Amending the Codes on Criminal Liability" and of March 9, 2023 No. 256 "On Amending the Codes on Criminal Liability"), the interrogation of minor victims or witnesses who have not reached the age of sixteen in criminal cases on crimes against personal freedom, honor and dignity, life and health, sexual inviolability or sexual freedom is, if possible, carried out in a child-friendly interrogation room, the operating procedure of which is determined by the Council of Ministers of the Republic of Belarus (Part 2-1 of Article 221 of the Criminal Procedure Code).
In order to implement the above-mentioned norm, the Regulation on a child-friendly interrogation room was approved by Resolution No. 539 of the Council of Ministers of the Republic of Belarus dated August 17, 2023. This regulation:
- determines what a child friendly interrogation room is;
- fixes for what purposes it is used.
Thus, it has been established that a child-friendly room can be used by the criminal prosecution body to obtain explanations from minors when conducting investigations into statements and reports of crimes in the manner prescribed by the Criminal Procedure Code, during investigative and other procedural actions involving minor victims or witnesses, as well as for teachers and psychologists to work with minors in order to provide them with social and pedagogical support and psychological assistance;
-regulates the procedure for creating child-friendly rooms and the requirements for them.
Constitutional guarantees for the protection of citizens from unlawful interference in their private lives, including infringement on the privacy of correspondence, telephone and other communications, on honor and dignity, the inviolability of the home and other legal possessions are enshrined in Articles 28 and 29 of the Constitution. Similar provisions are contained in the Criminal Procedure Code.
Thus, Part 1 of Article 13 of the Code of Criminal Procedure establishes that everyone has the right to protection from unlawful interference in their private life, including from infringement on the privacy of their correspondence, telephone and other communications. No one may be deprived of this right or restricted in it during proceedings on materials and a criminal case other than on the grounds and in the manner established by the Code of Criminal Procedure.
The inviolability of the home and other legal possessions of individuals and legal entities is guaranteed by law. No one has the right to enter the home or other legal possession of a person against his will (Part 1 of Article 14 of the Criminal Procedure Code).
According to Part 1 of Article 10 of the Criminal Procedure Code, the court and the criminal prosecution body are obliged to ensure the protection of the rights and freedoms of persons participating in criminal proceedings, to create the conditions provided for by the Criminal Procedure Code for its implementation, and to take timely measures to satisfy the legal demands of participants in criminal proceedings.
As a general rule, criminal cases are heard in all courts in public (Article 23 of the Criminal Procedure Code).
However, in the interests of ensuring the protection of state secrets
and other secrets protected by law, as well as in cases of crimes committed by persons under the age of sixteen, in cases of sexual crimes and other cases in order to prevent the disclosure of information about the intimate aspects of the lives of persons participating in the case or information that degrades their dignity, and in cases where this is required by the interests of ensuring the safety of the victim, witness or other participants in the criminal process, as well as members of their families or close relatives and other persons whom they reasonably consider close, a criminal case may be heard in a closed court session. Such a hearing shall be carried out in compliance with all the rules of judicial proceedings (Parts 2 and 3 of Article 23 of the Criminal Procedure Code).
Disclosure of data from a closed court hearing is subject to criminal liability under Article 407 of the Criminal Code.
Ensuring the safety of victims of human trafficking is regulated by Article 19 of the Law on Combating Human Trafficking. Additionally, Articles 20 - 23 of the Law on Combating Human Trafficking provide for measures of social protection and rehabilitation, both on the territory of the Republic of Belarus and abroad (by diplomatic missions and consular offices).
8.1 How are victims of THB protected in practice against potential retaliation or intimidation before, during and after legal proceedings? How is the assessment of the needs for protection performed and who recommends the application of the protection measures? Who is responsible of the implementation of the protection measures?
The assessment of the needs of a victim of human trafficking for protection is carried out both when a person who may have suffered from human trafficking or related crimes is identified and when the identification of victims of human trafficking begins, and may also be additionally carried out in the course of applying protection and rehabilitation measures (Regulation on Identification).
It is carried out, respectively, by the body or organization that identified the person in question, and/or the body that identifies victims of human trafficking, and/or the body or organization that applies protection and rehabilitation measures.
Responsibility for the implementation of protective measures lies with the body or organization that has identified the victim’s need for them and is directly implementing them.
Chapter 8 (Articles 65-75) of the Criminal Procedure Code defines measures to ensure the safety of participants in criminal proceedings and other persons, including victims in criminal cases on crimes related to human trafficking. Measures to ensure safety may be taken by the body conducting the criminal proceedings, both
at the request of the victim and on its own initiative.
Thus, the body conducting criminal proceedings, if there is sufficient data indicating that there is a real threat of murder, use of violence, destruction or damage to property, or other illegal actions against a participant in criminal proceedings who is defending his or her rights and interests or those he represents, as well as another participant in criminal proceedings, members of his family and close relatives in connection with his participation in criminal proceedings, is obliged to take measures provided by law to ensure the safety of these persons and their property.
Procedural security measures include:
1) non-disclosure of personal information;
2) exemption from appearing at a court hearing;
3) closed court session.
Other security measures include:
1) use of technical control means;
2) wiretapping of negotiations conducted using technical means of communication and other negotiations;
3) personal security, protection of housing and property;
4) change of passport data and replacement of documents;
5) prohibition on the release of information.
Taking into account the nature and degree of danger to the life, health, property
and other rights of protected persons, other security measures may be taken that do not contradict the Criminal Procedure Code and other laws of the Republic of Belarus.
If there are grounds for taking security measures, the body conducting the criminal proceedings is obliged to make a decision within 24 hours on their application
or refusal to apply them. A reasoned resolution (ruling) is issued on the decision taken, which is immediately sent for execution to the internal affairs or state security agency at the place of residence, work or study of the protected person.
In addition, by virtue of Part 3 of Article 68 of the Code of Criminal Procedure, the interrogation of a protected person may be carried out while he or she is outside the courtroom using video equipment that ensures that he or she is unrecognizable.
Articles 224-1, 343-1 of the Code of Criminal Procedure regulate the procedure for interrogating a victim, witness, confrontation or presentation for identification of persons and (or) objects with the participation of a victim or witness during the preliminary investigation, as well as interrogating participants in the process, identification during the trial using videoconferencing systems. One of the grounds for this is the need to ensure the safety of participants in the criminal process and other persons.
In accordance with the Regulation on the procedure for applying security measures
in relation to protected persons, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 21.01.2016 No. 44, the bodies ensuring the safety of participants in criminal proceedings are defined as territorial internal affairs bodies, state security bodies, and other bodies carrying out operational investigative activities.
Information from the Investigative Committee
Clause 1 of Article 19 of the Law on Combating Human Trafficking establishes that ensuring the safety of victims of human trafficking, including members of their families, close relatives and other persons whom they reasonably consider close, as well as their property, is carried out in the manner prescribed by the Code of Criminal Procedure to ensure the safety of participants in criminal proceedings, other persons and their property.
In accordance with paragraph 4 of part 1 of Article 50, paragraph 5 of part 1 of Article 58 of the Code of Criminal Procedure, the victim or his representative has the right to file recusals and petitions, including on taking measures to ensure his safety, family members, close relatives and other persons whom he reasonably considers close, as well as property.
8.2 How do you ensure that victims are provided with realistic and practical information about the progress of the case and whether the perpetrator has been detained or released?
The scope of the rights and obligations of the victim is contained in Article 50 of the Code of Criminal Procedure.
The victim has the right to participate in the consideration by the court of complaints about the detention, placement in custody, house arrest of the suspect or accused and to appeal the court's decision; to become familiar with the protocols of investigative and other procedural actions in which he participated, and to make comments regarding the correctness and completeness of the entries in the protocols; when participating in an investigative or other procedural action, to demand that entries be made in the protocol of the said action about the circumstances that, in his opinion, should be noted; from the moment of receiving notification of the completion of the preliminary investigation, to become familiar with the criminal case and to copy information from it in any volume, and also, with the permission of the investigator, to copy materials of the criminal case that interest him, with the exception of those specified in Part 8 of Article 193 of the Code of Criminal Procedure and information constituting state secrets.
According to paragraph 9, part 1, article 50 of the Code of Criminal Procedure, the victim has the right, from the moment of receiving notification of the completion of the preliminary investigation, to familiarize himself with the criminal case and to copy information from it in any volume, and also, with the permission of the investigator, to copy materials of the criminal case that interest him, with the exception of those specified in part 8 of article 193 of this Code and information constituting state secrets.
In accordance with paragraph 14 of Article 50 of the Code of Criminal Procedure, the victim has the right to receive from the body conducting the criminal proceedings notifications of decisions affecting his rights and interests, and, at his request, also to receive free copies of these decisions, including on the termination of criminal proceedings, on bringing in as an accused, on the transfer of a criminal case to the prosecutor for referral to court, on the appointment of a trial, on the refusal to initiate a criminal case or the termination of criminal prosecution, as well as a copy of the verdict, ruling (order) of the court of appeal, cassation or supervisory authority or other final decision of the court, except for the case specified in Part 1 of Article 59 1 of the Code of Criminal Procedure.
8.3 How do you ensure respect for the victims’ right to safety, privacy and confidentiality during court proceedings?
Articles 65 and 66 of the Code of Criminal Procedure establish the grounds and list of measures to ensure the safety of participants in criminal proceedings.
In accordance with paragraph 2 of Article 18 of the Law on Combating Human Trafficking, the measures to protect and rehabilitate victims of human trafficking provided for in paragraph 1 of this article shall not be applied, and the measures applied shall be subject to cancellation (termination) if a victim of human trafficking obstructs the preliminary investigation or trial of a criminal case on human trafficking or a related crime.
In accordance with Article 67 of the Criminal Procedure Code, one of the procedural security measures is non-disclosure of personal information, which consists of changing the last name, first name, patronymic, other personal data, changing information about the place of residence and work (study) in statements and reports of crimes, inspection materials, protocols of investigative and judicial actions, as well as other documents of the bodies conducting criminal proceedings, by replacing this data with others.
In addition, according to Article 10 of the Code of Criminal Procedure, the court and the criminal prosecution body are obliged to ensure the protection of the rights and freedoms of persons participating in criminal proceedings, including the right to protection from unlawful interference in their private life.
By virtue of Part 2 of Article 23 of the Code of Criminal Procedure, the consideration of a criminal case in a closed court session is permitted only in the interests of ensuring the protection of state secrets and other secrets protected by law, as well as in cases of crimes committed by persons under the age of sixteen, in cases of sexual crimes and other cases in order to prevent the disclosure of information about the intimate aspects of the lives of persons participating in the case or information that degrades their dignity, and in cases where this is required by the interests of ensuring the safety of the victim, witness or other participants in the criminal process, as well as members of their families or close relatives and other persons whom they reasonably consider close.
Information is also provided in paragraph 8.1 of the questionnaire.
8.4 In how many cases were witness protection measures used for the protection of victims and witnesses of THB, including children? If witness protection measures/programmes are not applied to victims of trafficking, what are the reasons?
8.5 When victim protection is provided by NGOs, how are NGOs resourced and supported to perform this function and how do the police and the prosecution co-operate with NGOs?
Internal affairs agencies cooperate with public associations, international and foreign organizations in the area of protecting victims of human trafficking exclusively in the form of referring them there in the established manner for the application of measures for protection and rehabilitation (Law on Combating Human Trafficking; Regulation on the Identification of Victims).
Support for the specified activities by the Ministry of Internal Affairs is expressed in participation in issuing to relevant associations and organizations conclusions on the coordination of the purposes of using foreign gratuitous aid and its exemption from income taxes, coordination and participation in the implementation of joint projects of material and technical assistance and other projects.
8.6 How do you ensure that child victims of THB are treated in a child-sensitive way and are provided with protection before, during and after judicial proceedings in accordance with the Council of Europe Guidelines on Child Friendly Justice? Are interviews with children conducted in specially designated and adapted spaces by professionals trained to interview children? What measures are taken in order to ensure a limited number of interviews?
Information from the Prosecutor General's Office
Protection for minor victims of human trafficking is provided in accordance with the procedure established by the national mechanism for the referral and identification of victims of human trafficking (Law on Combating Human Trafficking; Regulation on Identification), and, if there are grounds, in accordance with other legislative acts in the field of guardianship and trusteeship.
In the Republic of Belarus, work to minimize the participation of children
in criminal proceedings continues. Amendments have been made to the Criminal Procedure Code, which provide the opportunity for investigators to interrogate minor victims or witnesses in a child-friendly interrogation room.
According to Article 221 of the Code of Criminal Procedure, when interrogating minor victims and witnesses under the age of fourteen, a teacher or psychologist must participate, and from fourteen to sixteen years old - at the discretion of the investigator, the person conducting the inquiry. When interrogating minor victims and witnesses, their parents or other legal representatives may participate.
In addition, Article 221 of the Code of Criminal Procedure has been supplemented with Part 2-1, according to which the interrogation of minor victims or witnesses who have not reached the age of 16 in criminal cases concerning crimes against personal freedom, honor and dignity, life and health, sexual inviolability or sexual freedom, if possible, should be conducted in a child-friendly interrogation room.
The said article is also supplemented by part 4, establishing the duty of an official to conduct investigative actions with the participation of a minor victim or witness under the age of 14 with the mandatory use of audio and video recording. Exceptions to this rule are cases that do not tolerate delay, as well as when the minor victim or witness, their legal representatives object to this or there is no technical possibility of using audio and video recording.
In turn, Part 1 of Article 333 of the Code of Criminal Procedure is supplemented by paragraph 21 establishing the possibility of reading out the testimony of a minor victim or witness under 14 years of age, provided that the case materials contain the sound and video recordings of their interrogations given during the preliminary investigation.
Article 332 of the Code of Criminal Procedure defines the procedure for interrogating minor victims and witnesses. Thus, when interrogating victims and witnesses under the age of fourteen, and at the discretion of the court, when interrogating these persons between the ages of fourteen and sixteen, a teacher or psychologist participates, and parents or other legal representatives of the minor may also participate. At the request of the parties or on the initiative of the court, the interrogation of a victim and witness who have not reached the age of eighteen may be conducted in the absence of the accused, about which the court issues a ruling (resolution).
Upon the defendant's return to the courtroom, he shall be informed of the testimony of these persons and shall be given the opportunity to ask them questions. The victim and witness who have not reached the age of sixteen shall be removed from the courtroom at the end of their interrogation, except in cases where the court finds their continued presence necessary.
In accordance with Article 224-1 of the Code of Criminal Procedure, the interrogation of a victim or witness, a confrontation or presentation for identification of persons and (or) objects with the participation of the victim or witness may be conducted remotely using videoconferencing systems.
In the event that security measures are applied to a person participating in investigative actions, he or she may be interrogated or a confrontation or identification of the person may be conducted with his or her participation using videoconferencing systems with appropriate changes in appearance and/or voice to ensure that the protected person is unrecognizable.
The methods of interrogating minor victims and witnesses are observed by investigators. Repeated interrogations and confrontations involving minor victims are conducted only if it is necessary to collect additional evidence or verify new information obtained during the investigation of a criminal case.
The practice of questioning and interrogating minors in specialized child-friendly rooms continues to be further expanded, involving specialists in psychology and psychiatry, usually state forensic experts, which helps minimize psychological trauma and other negative consequences. The procedure for the operation of such rooms is approved by Resolution No. 5З9 of the Council of Ministers of the Republic of Belarus dated 17.08.2023.
Information from the Ministry of Education
In order to take into account the characteristics of children and provide them with protection before, during and after legal proceedings in accordance with the Council of Europe Guidelines on Child-Friendly Justice, the legislation of the Republic of Belarus provides for the participation of a teacher (psychologist) in criminal proceedings. A teacher (psychologist), in accordance with paragraph 3 of the Resolution of the Council of Ministers of the Republic of Belarus dated 24.10.2001 No. 1533 "On approval of the Regulation on the procedure for involving a teacher (psychologist) in criminal proceedings" is involved in the interrogation of a minor suspect, accused, victim or witness in order to establish psychological contact, an atmosphere of trust, and respect for the rights and legitimate interests of minor participants in criminal proceedings.
The interrogation is conducted in child-friendly interrogation rooms specially equipped premises in which the body conducting the criminal proceedings interrogates minor victims or witnesses who have not reached the age of sixteen. The procedure for the functioning of the rooms is set out in Resolution No. 539 of the Council of Ministers of the Republic of Belarus dated 17.08.2023 "Regulations on the child-friendly interrogation room".
Ensuring a limited number of interrogations of children, their safety and minimization of psychological trauma, obtaining complete and reliable testimony from minors is facilitated by compliance with a set of special criminal procedural requirements, forensic techniques and rules for planning, organizing and conducting interrogations by the body conducting the criminal proceedings.
Information from the Investigative Committee
According to Article 221 of the Code of Criminal Procedure, the interrogation of minor victims or witnesses who have not reached the age of sixteen in criminal cases concerning crimes against personal freedom, honor and dignity, life and health, sexual inviolability or sexual freedom is, if possible, conducted in a child-friendly interrogation room, the operating procedure of which is determined by the Council of Ministers of the Republic of Belarus.
By Resolution of the Council of Ministers of the Republic of Belarus No. 539 of August 17, 2023 "On the implementation of the Law of the Republic of Belarus of March 9, 2023 No. 256-3 "On Amendments to the Codes on Criminal Liability" the Regulation on the Child-Friendly Interrogation Room was approved. The Regulation regulates the creation and operation of child-friendly rooms, as well as the procedure for their use.
According to information provided by the Ministry of Education, as of March 1, 2025, 121 friendly rooms have been opened on the basis of social and pedagogical centers and other educational institutions of the republic (Brest region - 12, Vitebsk region - 23, Gomel region - 22, Grodno region - 16, Mogilev region - 23, Minsk region - 21, Minsk - 4), in which 193 educational psychologists work, who have been trained to participate in the interrogation of minors.
In addition, starting in 2017, each investigative unit has assigned employees with high professional training and the appropriate moral and business qualities to investigate criminal cases of crimes committed by minors and against minors.
Continuous advanced training of investigators in the field of combating crimes related to sexual violence and exploitation of minors has been organized. Investigative Committee investigators, when investigating criminal cases involving minor victims and witnesses, are focused on reducing the number of their interrogations and other investigative actions.
9. Specialised authorities and co-ordinating bodies (Article 29)
9.1 What budget, staff and resources, including technical means, are put at the disposal of law enforcement bodies specialised in combating and investigating THB?
The state bodies responsible for combating human trafficking in the Republic of Belarus are: internal affairs bodies; state security bodies; border service bodies; prosecutor's offices; the Investigative Committee (Article 8 of the Law on Combating Human Trafficking).
Additionally, Articles 9-11 of the Law on Combating Human Trafficking reflect the powers of other government agencies and organizations, public associations, as well as international and foreign organizations in the area of combating human trafficking.
To carry out the functions and tasks assigned to the above-mentioned state bodies, funds are allocated annually from the republican budget in accordance with the procedure established by budget legislation.
Information from the Ministry of Internal Affairs
Drug control and counter -trafficking units of the criminal police specialize in combating human trafficking, staffed by police officers whose job descriptions include the relevant tasks.
In accordance with the legislation and legal acts of the Ministry of Internal Affairs,
their operational and service activities use budgetary and material and technical resources, including special ones, assistance from persons providing assistance to internal affairs agencies on a confidential basis, etc.
Information from the Prosecutor General's Office
In the prosecutor's office, the said budget, personnel and resources
are not separately regulated. At the same time, in the structural divisions of the Prosecutor General's Office, specialists responsible for the said area have been identified.
9.2 If your country has specialised units for financial investigations, financial intelligence units and asset and recovery units, please describe whether and how are they used in investigating and prosecuting THB cases. Which special investigation techniques do these units use? Which public and/or private bodies do these specialised financial investigation units co-operate with in relation to THB cases?
Within the framework of the system of the State Control Committee of the Republic of Belarus, there is the Department of Financial Investigations of the State Control Committee and its territorial divisions, which are state law enforcement agencies that ensure the economic security of the Republic of Belarus, as well as the Department of Financial Monitoring of the State Control Committee, authorized to carry out activities to prevent the legalization of proceeds from crime, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction.
By Decree of the President of the Republic of Belarus dated 14.09.2003 No. 408, in order to improve the system of measures to prevent the legalization of proceeds from crime, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction, the Department of Financial Monitoring was established within the State Control Committee of the Republic of Belarus.
In carrying out its activities, the Department of Financial Monitoring interacts with the following entities that carry out financial transactions:
National Bank, banks and non-bank credit and financial institutions, open joint-stock company "Development Bank of the Republic of Belarus";
professional participants in the securities market;
commodity exchanges;
persons engaged in trading in precious metals and precious stones;
buying points;
insurance companies and insurance brokers;
organizers of lotteries and electronic interactive games;
notaries;
organizations providing real estate services and participating in transactions related to the purchase and sale of real estate for their clients;
audit organizations, auditors operating as individual entrepreneurs, providing professional services in accounting and preparation of accounting and (or) financial statements related to the performance of financial transactions on behalf of and (or) at the instruction of the client;
organizations and individual entrepreneurs, lawyers providing legal services (legal assistance) related to the creation of organizations or participation in their management, the acquisition or sale of an enterprise as a property complex, the performance of financial transactions and (or) the management of funds or other property on behalf of and (or) at the direction of a client;
postal operators;
gambling organizers;
organizations for state registration of real estate, rights to it and transactions with it;
leasing organizations;
microfinance organizations and other legal entities that, in accordance with legislative acts, have the right to carry out microfinance activities;
forex companies , National Forex Center;
residents of the High-Tech Park who carry out the following types of activities: provision of services related to the creation and placement of digital signs (tokens) using the global computer network Internet, including services for the promotion of digital signs (tokens), consulting and other related services;
activities of the crypto platform operator;
activities of a cryptocurrency exchange operator;
other activities using digital signs (tokens), including those containing signs of professional and exchange activities on securities, activities of an investment fund, securitization, as well as the implementation of operations to create and place own digital signs (tokens);
special financial organizations;
investment fund management organizations;
tax consultants;
online borrowing service operators ;
cellular mobile telecommunications operators.
10. International co-operation (Article 32)
Supreme Court Information on Section 10 of the Questionnaire
The principles of international cooperation in the field of combating human trafficking are defined in Article 25 of the Law on Combating Human Trafficking.
In the area of combating human trafficking the Republic of Belarus on the basis of legislation and international treaties cooperates with other states, their law enforcement agencies, as well as international and foreign organizations operating in the area of combating human trafficking (Part 1 of Article 25 of the Law on Combating Human Trafficking).
The main areas of international cooperation in the field of combating human trafficking are:
development and conclusion of international agreements in the field of combating human trafficking, including on issues of protection and rehabilitation of victims of human trafficking;
interaction with specialized bodies of foreign states, including operational investigative measures, for the purpose of preventing, identifying, and suppressing human trafficking and related crimes;
joint creation and development of information systems and means of rapid notification, response and control aimed at increasing the effectiveness of combating human trafficking;
exchange of experience (part 2 of article 25 of the Law on Combating Human Trafficking).
International cooperation in criminal cases related to human trafficking is ensured in accordance with international treaties of the Republic of Belarus or on the basis of the principle of reciprocity (Article 2 of the Law of the Republic of Belarus of May 18, 2004 No. 284 “On International Legal Assistance in Criminal Cases”).
The existing international legal treaty framework in the Republic of Belarus allows courts of general jurisdiction to effectively consider requests from foreign states for international legal assistance, including those related to issues of human trafficking.
In the absence of a relevant international treaty, international legal assistance may be provided on the basis of the principle of reciprocity in accordance with Section XV of the Criminal Procedure Code.
The main form of international cooperation in criminal cases applied by Belarusian courts is the sending and consideration of requests for international legal assistance (for the delivery of documents, videoconferencing, for the enforcement of a foreign court decision in a criminal case).
In addition, in the order of civil proceedings, sentences (decisions) of foreign courts on the recovery of damages caused by a crime are recognized.
10.1 How does your country co-operate with other countries to enable victims of THB to realise their right to redress and compensation, including recovery and transfer of unpaid wages after they leave the country in which the exploitation occurred?
10.2 Has your country co-operated with other countries in the investigation and prosecution of THB cases through financial investigations and/or Joint Investigation Teams? Please provide statistics on such cases and examples from practice.
Over the past ten years, the Chief Department for Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs and the territorial units for drug control and combating human trafficking have conducted two joint international operations to document and suppress the activities of transnational criminal groups involved in human trafficking or related crimes (in both cases, together with the National Police of the State of Israel).
In addition, the exchange of information on human trafficking and related crimes continues on an ongoing basis with law enforcement agencies of other foreign countries within the framework of bilateral agreements and through Interpol (due to the systematic and ongoing nature of this work, statistics are not kept).
In the period from 2022 to 2024, the Prosecutor General's Office of the Republic of Belarus received a request (2023) from the competent justice authority of the State of Israel to provide legal assistance in a criminal case investigated under articles of the Israeli criminal law similar to Part 2 of Article 171, Part 2 of Article 181 of the Criminal Code of the Republic of Belarus, which was executed.
10.3 How many mutual legal assistance requests and/or European Investigation Order have you made in THB cases and what was their outcome?
The Prosecutor General's Office of the Republic of Belarus has sent the following documents in the period from 2022 to 2024:
to the Prosecutor General's Office of the Russian Federation - 19 (2022 - 8, 2023 - 7, 2024 - 4) requests to provide legal assistance in criminal cases investigated under Parts 1 and 2 of Article 171, Part 1 of Article 171-1 of the Criminal Code, of which 16 have been executed. The Prosecutor General's Office does not have information on the consideration of another 3 requests;
to the Prosecutor General's Office of the Republic of Kazakhstan - 1 (2024) order to provide legal assistance in a criminal case investigated under Part 2 of Article 343-1 of the Criminal Code, which was executed;
to the competent justice authority of the United Arab Emirates - 1 (2024) request for the provision of legal assistance in a criminal case investigated under Part 1 of Article 171 of the Criminal Code, information about the consideration of which the Prosecutor General's Office currently has no information about;
to the competent justice authority of the United States of America - 1 (2024 ) request for legal assistance in a criminal case investigated under Part 2 of Article 172, Part 2 of Article 343-1 of the Criminal Code, information about the consideration of which the Prosecutor General's Office currently has no information about.
The Republic of Belarus is not a member of the European Union, therefore no European orders for investigation have been submitted by the Belarusian side.
Information from the Investigative Committee
In 2022-2024, 69 requests for legal assistance in criminal cases related to human trafficking (Articles 171, 171-1, 343-1 of the Criminal Code) were sent to foreign states (2022 - 20, 33 in 2023, 16 in 2024).
10.4 What forms of international co-operation have proven to be particularly helpful in upholding the rights of victims of trafficking, including children, and prosecuting alleged traffickers?
1. Participation of the Chief Department for Combating Trafficking in Human Beings of the Ministry of Internal Affairs in sessions, meetings and other events on issues of combating human trafficking at the sites of the Council of Europe and the United Nations, summits (including the World Summit of the We Protect Alliance in 2024), conferences (including the scientific and practical conference “Comprehensive Counteraction to Modern Forms of Human Trafficking, Sexual Violence and Exploitation of Minors” for law enforcement agencies of the Commonwealth of Independent States, initiated and organized by the Ministry of Internal Affairs).
2. Joint international operations of the Ministry of Internal Affairs to document
and suppress the activities of transnational criminal groups involved in human trafficking or related crimes, as well as the exchange of information on human trafficking and related crimes with law enforcement agencies of other foreign countries within the framework of bilateral agreements and through Interpol ( see question 10.2).
3. International training events (including training for the staff of the Chief Department for Combating Trafficking in Human Beings of the Ministry of Internal Affairs in 2023 and 2024 on the use of the Interpol International Child Sexual Exploitation Database or ICSE).
10.5 What international co-operation measures are in place to ensure protection and assistance to victims on return from your country to their countries of origin following their participation in criminal proceedings?
10.6 What international co-operation measures are in place to protect and assist victims of THB for the purpose of sexual exploitation through online streaming where the perpetrator is a national or habitual resident of your country and elements of the crime have occurred in your country’s jurisdiction?
In order to identify, protect and assist victims of human trafficking for the purpose of sexual exploitation through online broadcasts, including children, which bear signs of a transnational nature and (or) are associated with the receipt of information or other assistance from law enforcement or other agencies of a foreign state, the Chief Department for Combating Trafficking in Human Beings of the Ministry of Internal Affairs exchanges information on human trafficking and related crimes with law enforcement agencies of other foreign states within the framework of bilateral agreements and through Interpol.
For child victims, the capabilities of the INTERPOL International Child Sexual Exploitation Database (ICSE) are also used.
11. Cross-cutting questions
Supreme Court Information on Section 11 of the Questionnaire
According to Article 22 of the Constitution of the Republic of Belarus, everyone is equal before the law and has the right, without any discrimination, to equal protection of rights and legitimate interests.
Article 60 of the Constitution of the Republic of Belarus establishes that everyone is guaranteed protection of their rights and freedoms by a competent, independent and impartial court in the manner and within the timeframes determined by law. Decisions and actions (inaction) of state bodies and officials that infringe on rights and freedoms may be appealed to the court. In order to protect rights, freedoms, honor and dignity, citizens have the right, in accordance with the law, to recover both property damage and material compensation for moral damage in court .
Part one of Article 8 of the Code of the Judiciary stipulates that justice in the Republic of Belarus is administered on the basis of equality of persons before the law and the court.
In accordance with Part 1 of Article 20 of the Code of Criminal Procedure, all persons participating in criminal proceedings are equal before the law and have the right, without any discrimination, to equal protection of their rights and legitimate interests.
Proceedings on materials and a criminal case are carried out on the basis of equality of persons before the law, regardless of their origin, social, official and property status, racial and national affiliation, political and other beliefs, attitude to religion, gender, education, language, type and nature of occupation, place of residence and other circumstances. No one may enjoy advantages and privileges that are contrary to the law. Exceptions to the procedure for proceedings on materials and a criminal case in relation to certain categories of persons are established by the Code of Criminal Procedure (Parts 2 and 3 of Article 20 of the Code of Criminal Procedure).
Everyone has the right, during the course of proceedings on materials and a criminal case, to legal assistance for the exercise and protection of rights and freedoms, including the right to use, in the cases and manner provided for by the Code of Criminal Procedure, legal assistance from lawyers and other representatives (Part 4 of Article 20 of the Code of Criminal Procedure).
Part 1 of Article 2.3 of the Code of Administrative Offenses establishes that the court and the body conducting the administrative process are obliged to ensure the protection of the rights, freedoms and legitimate interests of the participants in the administrative process, create the conditions provided for by the Code of Administrative Offenses for its implementation, and take timely measures to satisfy their legal demands.
Parts 1 and 2 of Article 2.12 of the Code of Administrative Offenses stipulate that all persons participating in the administrative process are equal before the law and have the right, without any discrimination, to equal protection of their rights, freedoms and legitimate interests. The administrative process is conducted on the basis of equality of individuals before the law regardless of gender, race, nationality, language, origin, citizenship, property and official status, place of residence or place of stay, attitude to religion, beliefs, membership in public associations, as well as other circumstances.
In accordance with Article 12 of the Code of Civil Procedure, citizens of the Republic of Belarus are equal before the law and the court regardless of origin, social and property status, race and nationality, gender, education, language, attitude to religion, political and other beliefs, type and nature of occupation, place of residence, time of residence in a given area and other circumstances.
Foreign citizens and stateless persons have the right to freely appeal to the courts of the Republic of Belarus and enjoy all civil procedural rights in them equally with citizens of the Republic of Belarus (part one of article 541 of the Code of Civil Procedure).
Part two of Article 542 of the Code of Civil Procedure establishes that the courts of the Republic of Belarus, in addition to the general principles of civil proceedings, are guided by the principle of procedural equality of foreign citizens, stateless persons and foreign legal entities with citizens and legal entities of the Republic of Belarus.
Article 14 of the Civil Procedure Code stipulates that in civil proceedings, citizens and legal entities have the right to legal assistance from lawyers and other representatives. The procedure for providing legal assistance to citizens and legal entities is determined by the Civil Procedure Code and other legislative acts.
The Civil Code also enshrines the similar principle of equality before the law and the court (Article 13) and provisions on persons protecting the rights, freedoms and legitimate interests of minors in court (Article 56 of the Civil Code).
In accordance with paragraph five of part two of Article 2 of the Civil Code, it is established that subjects of civil law participate in civil relations on an equal footing, are equal before the law, cannot enjoy advantages and privileges that are contrary to the law, and have the right, without any discrimination, to equal protection of rights and legitimate interests.
The rules established by civil legislation shall apply to relations involving foreign citizens, stateless persons, foreign and international legal entities (organizations that are not legal entities), foreign states, their administrative-territorial (state-territorial) entities that are, in accordance with the legislation of these states, participants in civil relations, unless otherwise determined by the Constitution, other legislative acts and international treaties of the Republic of Belarus (part two of paragraph 3 of Article 1 of the Civil Code).
Information on measures taken to ensure adequate protection of the rights and legitimate interests of minors is provided in the responses to questions in Sections 2 and 6 of the questionnaire.
The combination of the above norms fully ensures equal access to justice and effective legal remedies, including for victims of human trafficking, regardless of their immigration status, form of exploitation, gender and age.
11.1 What steps are taken to ensure that victims of THB have equal access to justice and effective remedies, irrespective of their immigration status and the form of exploitation?
Information from the Prosecutor General's Office
The criminal procedure legislation of the Republic of Belarus
and the national mechanism for the referral and identification of victims of human trafficking provide for the possibility of gaining access to justice and receiving assistance within the framework of the application of measures for the protection and rehabilitation of all victims of human trafficking, regardless of their immigration status and form of exploitation, while all the rules are structured in such a way that their non-application on any of these grounds is excluded (Criminal Procedure Code of the Republic of Belarus; Law on Combating Human Trafficking; Regulation on Identification).
In order to increase the effectiveness of outreach work with victims who do not speak the state languages, it is possible for them to receive the services of an interpreter from the moment of identification and at all subsequent stages of the procedures of the national mechanism, as well as within the framework of criminal proceedings (Criminal Procedure Code of the Republic of Belarus; Law on Combating Human Trafficking; Regulation on Identification).
According to subparagraph 1.2 of paragraph 1 of Article 20 of the Law on Combating Human Trafficking, social protection and rehabilitation of victims of human trafficking are provided free of charge and include, among other things, legal assistance (including explanation of their rights and obligations stipulated by law), including free legal assistance provided by bar associations. Legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives.
In accordance with Article 20 of the Code of Criminal Procedure, all persons participating in criminal proceedings are equal before the law and have the right, without any discrimination, to equal protection of their rights and legitimate interests. Proceedings on materials and a criminal case are carried out on the basis of equality of persons before the law, regardless of their origin, social, official and property status, racial and national affiliation, political and other beliefs, attitude to religion, gender, education, language; type and nature of occupation, place of residence and other circumstances.
Information from the Investigative Committee
In accordance with paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus dated June 30, 2005 No. 6 "On the practice of applying the norms of the Criminal Procedure Code of the Republic of Belarus governing the participation of the victim in criminal proceedings", a person is recognized as a victim regardless of his citizenship, age, physical or mental state and other personal data, from the establishment of the person who committed the crime, the legality of the behavior of the victim himself, with the exception of cases when the person suffered from a crime committed by him, or harm was caused during his detention while he was committing a crime, if the measures necessary for this were not exceeded.
The court and the criminal prosecution body are obliged to ensure the protection of the rights and freedoms of persons participating in criminal proceedings, to create the conditions provided for by the Criminal Procedure Code for its implementation, and to take timely measures to satisfy the legal demands of participants in criminal proceedings (Part 1 of Article 10 of the Criminal Procedure Code).
According to Article 28 of the Criminal Procedure Code, the victim, and in the event of his inability due to age or health condition to express his will in criminal proceedings, or in the event of his death, any of his adult close relatives or family members, or legal representative, have the right, in the manner prescribed by the Criminal Procedure Code, to participate in the criminal prosecution of the accused.
11.2 What steps are taken to ensure that criminal, civil, labour and administrative proceedings concerning victims of THB are gender-sensitive?
Information from the Prosecutor General's Office
In order to prevent violations of rights and legitimate interests related to gender identity, an effective legal instrument exists in the Republic of Belarus.
Thus, on the basis of Articles 22 and 32 of the Constitution of the Republic of Belarus, everyone is equal before the law and has the right to equal protection of rights and legitimate interests without any discrimination. Women and men are provided with equal opportunities in obtaining education and professional training, in work and promotion in the service (work), in socio-political, cultural and other spheres of activity.
The basic principles of gender equality laid down in the Constitution are also enshrined in other legislative acts.
In particular, on the basis of Article 3 of the Criminal Code, persons who have committed crimes are equal before the law and are subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, as well as other circumstances. At the same time, intentional direct or indirect violation or restriction of rights and freedoms or the establishment of direct or indirect advantages of persons depending on gender, race, nationality, language, origin, property or official status, attitude to religion, beliefs, causing significant harm to the rights, freedoms and legitimate interests of a person, are prohibited and entail criminal liability under Article 190 of the Criminal Code.
In accordance with Article 1.6 of the Code of Administrative Offences, individuals who have committed administrative offences are equal before the law and are subject to administrative liability regardless of their gender, nationality, language, origin, citizenship, beliefs, attitude to religion and other circumstances.
Based on the provisions of Art. 12 of the Civil Procedure Code of the Republic of Belarus, citizens of the Republic of Belarus are equal before the law and the court regardless of origin, social and property status, race and nationality, gender, education, language, attitude to religion and other circumstances. These principles are also reflected in Art. 13 of the draft Code of Civil Procedure of the Republic of Belarus, which will enter into force on 01.01.2026.
At the same time, there are no special norms in the legislation that provide certain gender advantages to a person depending on their gender (with the exception of the prohibition of the use of the death penalty against women).
According to Part 4 of Article 206 of the Code of Criminal Procedure, the investigator and the person conducting the inquiry are not present during the examination of a person of the opposite sex if the examination is accompanied by the undressing of the body of this person. In this case, the examination is conducted by a doctor in the presence of attesting witnesses of the same sex as the person being examined .
Also, in accordance with Part 3 of Article 211 of the Code of Criminal Procedure, a personal search is conducted only by a person of the same gender as the person being searched, with the participation of specialists and attesting witnesses of the same gender.
Information from the Ministry of Internal Affairs
When the internal affairs bodies identify a person who may have suffered from human trafficking or related crimes, when the internal affairs bodies identify victims of human trafficking, their gender is taken into account , which is expressed in the reflection of this in the relevant documents and recording by gender, the preferential allocation of employees of the same gender to work with them (if any), the exclusion of their overnight accommodation, long-term stay in the same premises with persons of the opposite sex.
Protection from sexual exploitation of women is under the special control of the Chief Department for Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs, which, within its competence, takes part in the implementation of national obligations to eliminate all forms of violence and discrimination against women and ensure gender equality.
11.3 What steps are taken to ensure that procedures for obtaining access to justice and remedies are child-sensitive, readily accessible to children and their representatives, and give weight to the child’s views?
According to subparagraph 1.2 of paragraph 1 of Article 20 of the Law on Combating Human Trafficking, legal assistance to victims of human trafficking who have not reached the age of fourteen is provided to their legal representatives.
While fulfilling tasks assigned to them in relation to working with children, drug control and counteracting human trafficking units of the criminal police of the internal affairs agencies strictly comply with the requirements of the legislation and the national mechanism for the referral and identification of victims of human trafficking in terms of ensuring the participation of their legal representatives in proceedings, administrative and criminal proceedings, and identification procedures (Criminal Procedure Code of the Republic of Belarus, Procedural and Executive Code of the Republic of Belarus on administrative offenses, Regulation on identification).
Article 13 of the Law of the Republic of Belarus "On the Rights of the Child" provides for the right of a child aged fourteen years and older to receive legal assistance to exercise and protect their rights and freedoms, including the right to use at any time the assistance of lawyers and other representatives in this, other state bodies, other organizations and in relations with officials and citizens without the consent of parents (guardians).
Legal assistance to children in their interests, their parents (guardians, trustees) in the interests of children is provided by lawyers at the expense of the Bar Association in the manner established by the Law on Advocacy. This assistance is provided to both citizens of the Republic of Belarus and foreign citizens and stateless persons.
In case of violation of the rights of the child, which are defined by the United Nations Convention on the Rights of the Child of 1989 and other legislative acts a child has the right to apply to juvenile affairs commissions, guardianship and trusteeship authorities, the prosecutor's office, and upon reaching the age of fourteen, the court to protect his or her rights and legitimate interests, and also to protect his or her rights and legitimate interests through his or her legal representatives.
In the Republic of Belarus, work to minimize the participation of children in criminal proceedings continues. Amendments have been made to the Criminal Procedure Code, which provide the opportunity for investigators to interrogate minor victims or witnesses in a child-friendly interrogation room.
Thus, Article 221 of the Code of Criminal Procedure has been supplemented with Part 2-1, according to which the interrogation of minor victims or witnesses who have not reached the age of 16 in criminal cases concerning crimes against personal freedom, honor and dignity, life and health, sexual inviolability or sexual freedom, if possible, should be conducted in a child-friendly interrogation room.
The said article is also supplemented by part 4, establishing the duty of an official to conduct investigative actions with the participation of a minor victim or witness under the age of 14 with the mandatory use of audio and video recording. Exceptions to this rule are cases that do not tolerate delay, as well as when the minor victim or witness, their legal representatives object to this or there is no technical possibility of using audio and video recording.
In turn, Part 1 of Article 333 of the Code of Criminal Procedure is supplemented by paragraph 21 establishing the possibility of reading out the testimony of a minor victim or witness under 14 years of age, provided that the case file contains audio and video recordings of their interrogations given during the preliminary investigation.
Article 332 of the Code of Criminal Procedure defines the procedure for interrogating minor victims and witnesses. Thus, when interrogating victims and witnesses under the age of fourteen, and at the discretion of the court, when interrogating these persons between the ages of fourteen and sixteen, a teacher or psychologist participates, and parents or other legal representatives of the minor may also participate. At the request of the parties or on the initiative of the court, the interrogation of a victim and witness who have not reached the age of eighteen may be conducted in the absence of the accused, about which the court issues a ruling (resolution) is made.
Upon the defendant's return to the courtroom, he shall be informed of the testimony of these persons and shall be given the opportunity to ask them questions. The victim and witness who have not reached the age of sixteen shall be removed from the courtroom at the end of their interrogation, except in cases where the court finds their continued presence necessary.
In accordance with Article 224-1 of the Code of Criminal Procedure, the interrogation of a victim or witness, a confrontation or presentation for identification of persons and (or) objects with the participation of the victim or witness may be conducted remotely using videoconferencing systems.
In the event that security measures are applied to a person participating in investigative actions, he or she may be interrogated or a confrontation or identification of the person may be conducted with his or her participation using videoconferencing systems with appropriate changes in appearance and/or voice to ensure that the protected person is unrecognizable.
The methods of interrogating minor victims and witnesses are observed by investigators. Repeated interrogations and confrontations involving minor victims are conducted only if it is necessary to collect additional evidence or verify new information obtained during the investigation of a criminal case.
The practice of questioning and interrogating minors in specialized child-friendly rooms continues to be further expanded, involving specialists in psychology and psychiatry, usually state forensic experts, which helps minimize psychological trauma and other negative consequences. The procedure for the operation of such rooms is approved by Resolution No. 5З9 of the Council of Ministers of the Republic of Belarus dated 17.08.2023.
Information from the Investigative Committee
In accordance with Part 6 of Article 50 of the Code of Criminal Procedure, the rights of a minor victim are exercised along with or instead of him by his legal representative, and of an incapacitated victim – instead of him by his legal representative.
A legal representative may file a claim to protect the interests of minors (Part 2 of Article 149 of the Code of Criminal Procedure).
The specifics of participation of minor victims and witnesses in criminal proceedings are reflected in Articles 221, 222, 225, 229, 252, 253, 258, 259, 266, 332, 370 of the Criminal Procedure Code.
11.4 What steps are taken to ensure that private entities take steps to prevent and eradicate trafficking from their business or supply chains and to support the rehabilitation and recovery of victims? What options exist for victims of trafficking to access effective remedies from businesses implicated in human trafficking?
General measures aimed at preventing human trafficking and related crimes are provided for in Article 13 of the Law on Combating Human Trafficking. These include, in particular:
- licensing of types of activities, the implementation of which may create conditions for human trafficking and/or exploitation;
- establishing requirements for the activities of modeling agencies and individuals engaged in tourism activities;
- regulation of issues of prevention of human trafficking and related crimes in the information sphere and the sphere of education.
In addition, a number of legal restrictions have been established in the Republic of Belarus aimed at preventing and suppressing the use of opportunities for participation in trafficking by representatives of private business.
Thus, Article 27 of the Law on Combating Human Trafficking establishes a general rule on the liability of a person involved in human trafficking or related crimes in accordance with legislative acts. At the same time, it is established that the behavior of a victim of human trafficking, expressed in the unwillingness or inability to change their antisocial behavior caused by human trafficking or a related crime, does not exclude the liability of persons who committed human trafficking, and also cannot be considered as a circumstance mitigating their liability.
Articles 28 and 29 of the said Law provide for the possibility of suspending, by decision of the Prosecutor General, the activities of an organization involved in human trafficking, as well as the subsequent submission to the Supreme Court of the Republic of Belarus of an application to recognize this organization as involved in human trafficking, prohibit its activities on the territory of the Republic of Belarus and its liquidation.
The prosecutor's office of the Republic of Belarus, upon discovering facts of violation of the legislation of the Republic of Belarus on combating human trafficking, as well as upon receiving information from state bodies combating human trafficking (including internal affairs agencies), other organizations and citizens about the existence of such facts, shall issue an order, mandatory for execution by the relevant state bodies, other organizations, officials and other citizens, including individual entrepreneurs, to eliminate such facts or, in the manner established by this Law, suspend the activities of organizations and submit to the Supreme Court of the Republic of Belarus an application to recognize organizations as involved in human trafficking, prohibit their activities on the territory of the Republic of Belarus and liquidate such organizations registered on the territory of the Republic of Belarus, or to terminate the activities of representative offices of such foreign or international organizations (Law on Combating Human Trafficking).
In this case, funds received from the sale of the property of an organization involved in human trafficking are directed, in accordance with the law, to compensate for damage (harm) to victims of human trafficking, to provide state programs in the area of combating human trafficking, and to support organizations that provide assistance in the rehabilitation of victims of human trafficking.
The above-mentioned regulatory prohibitions and requirements are aimed at preventing unlawful behavior in this area on the part of the heads of private organizations.
11.5 What legal, policy and practical measures are taken in your country to prevent and detect situations where corruption facilitates human trafficking and infringes the right of victims of THB of access to justice and effective remedies? Please provide information on any known or proven cases of corruption or related misconduct of public officials in THB cases and any sanctions issued.
The legal basis for state policy in the fight against corruption is established by the Law of the Republic of Belarus of 15.07.2015 N 305 (as amended on 24.05.2024) "On the Fight against Corruption".
In order to consolidate efforts to combat human trafficking, government agencies and non-governmental organizations in the Republic of Belarus have developed and are implementing the following regulatory legal acts:
The Anti-Corruption Strategy and the Comprehensive Plan to Combat Crime and Corruption for 2023-2025, approved by the Decision of the Republican Coordination Council for Combating Crime and Corruption dated 23.12.2022 No. 25;
the National Action Plan to Ensure Gender Equality in the Republic of Belarus for 2021-2025, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 30.12.2020 No. 793.
Also, in the Republic of Belarus, in order to increase the efficiency of activities to combat crime and corruption, on the basis of the Decree of the President of the Republic of Belarus dated 17.12.2007 No. 644, a republican coordinating council for combating crime and corruption was created and is functioning.
The Ministry of Internal Affairs is not aware of cases of corruption and/or illegal actions among employees of the internal affairs bodies in cases of human trafficking.
Part II – Country-specific follow-up questions
12. Please provide information on new developments in your country since GRETA’s second evaluation report concerning:
Ø emerging trends of trafficking in human beings (new forms of exploitation, new recruitment methods, vulnerable groups, gender-specific aspects of trafficking, child trafficking);
Information from the Ministry of Internal Affairs
In connection with the ongoing digitalization of society, the widespread use of information communications, and their increased accessibility for citizens, including children, the Republic of Belarus has seen an increase in the relevance of such forms of crimes related to human trafficking as the production and distribution of pornographic materials or objects of a pornographic nature with the image of a minor, committed through communication between the victim and the offender on the Internet, via other dedicated means of digital communication, including the use of children to produce such materials or objects online.
Also, in connection with the well-established systematic work of the internal affairs agencies to suppress attempts to take Belarusians abroad for sexual exploitation in the form of organizing and using prostitution, there is an increase in the digitalization of trafficking chains , when all relevant criminal actions - from recruitment to organizing the arrival of the victim in the destination country - are carried out by traffickers from the territory of a foreign state.
Information from the Prosecutor General's Office
Thanks to the measures taken over the past five years,
the cases of direct human trafficking (Article 181 of the Criminal Code) identified in the Republic of Belarus were isolated (2024 - 0, 2023 - 0, 2022 - 4, 2021 - 1, 2020 - 0), and were not associated with the removal of victims of human trafficking abroad (in all cases, they were associated with the use of minors for the production of pornographic materials within the country).
The only case of the use of slave labor (Article 181 1 of the Criminal Code) identified over five years is isolated (2023 - 0, 2022 - 1, 2021 - 0, 2020 - 0, 2019 - 0) and involves the use of minors for the production of pornographic materials within the country.
The crimes provided for in paragraph 4 of part 2 of article 182 and article 187 of the Criminal Code were not identified.
The above indicates that there is currently no threat of trafficking in Belarusian citizens and the use of their slave labor, and that the measures taken against persons committing these crimes have had an effect.
Today, criminally punishable acts related to human trafficking in Belarus are committed mainly in the form of organizing and (or) using prostitution, involving in prostitution or forcing to continue prostitution (Articles 171, 171-1 of the Criminal Code): 2024 - 68 crimes, 2023 - 79, 2022 - 86, 2021 - 110, 2020 - 71.
In most cases, the persons who are subject to the organization and use of prostitution, and involvement in it, are initially interested in providing paid sexual services with the help of traffickers , and a significant portion of the victims had previously provided paid sexual services, including on a permanent basis.
Also in 2024, 185 crimes were identified under Parts 1 and 2 of Article 343-1 of the Criminal Code (2023 - 172, 2022 - 188, 2021 - 105, 2020 - 45). Basically, the distribution and production of pornographic materials depicting children were committed via the Internet (including their use to produce such materials during electronic correspondence).
Ø the legislation and regulations relevant to action against THB (e.g. criminalisation of THB, identification and assistance of victims of THB, recovery and reflection period, residence permit, supply chains, public procurement);
Information from the Ministry of Internal Affairs
Taking into account the greatest relevance for the Republic of Belarus of such an area of the fight against human trafficking as combating sexual exploitation of children, in order to further improve state coordination in this area, the Council of Ministers has consistently adopted plans for organizational, analytical, practical and other measures to protect minors from sexual violence and exploitation for 2023-2024 (approved by the Deputy Prime Minister of the Republic of Belarus on 10.03.2023, implemented) and for 2025-2026 (approved by him on 17.12.2024, No. 33/102-477/4316, being implemented), which define the tasks of all interested state bodies and other organizations to prevent, identify and reduce the latency of sexual and other exploitation of children, and provide assistance to victims.
In order to expand the scope of assistance provided and other rehabilitation work with children who have suffered not from human trafficking and related crimes, but from often closely related crimes against sexual inviolability or sexual freedom, a National Mechanism for Assistance to Minors Victims of Sexual Violence has been additionally created (approved on 01.04.2024 by the Minister of Internal Affairs, the Minister of Education, the Minister of Health, on 02.04.2024 by the First Deputy Minister of Labor and Social Protection, on 06.04.2024 by the Chairman of the Investigative Committee).
In order to improve the quality of interviews, interrogations and minimize the victimization of minor victims of human trafficking during criminal proceedings, the Government, within the framework of the implementation of the Law of the Republic of Belarus of March 9, 2023 No. 256 "On Amendments to Codes on Criminal Liability", has developed the Regulation on a Child-Friendly Interrogation Room, approved by the relevant Resolution of the Council of Ministers of the Republic of Belarus of August 17, 2023 No. 539, and also introduced related amendments changes to the Criminal Procedure Code and other regulatory legal acts that legally enshrined the concept and status of these rooms, technical and other requirements for them, as well as the grounds and procedure for their use in criminal proceedings, including the possibility of classifying the results of a survey, interrogation of a child in them as admissible and sufficient evidence in a criminal case (previously they also functioned and were used in criminal proceedings process , but without sufficient legal basis).
Taking into account the significant importance of competent and timely actions by teachers for the prevention and detection of human trafficking and related crimes against children, as a result of the joint work of the Ministry of Education and the Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs, the Instruction on the procedure for the actions of teaching staff to prevent and detect violence and exploitation against minors was adopted, approved by the Minister of Education on 23.08.2024.
Information from the Prosecutor General's Office
From 03.03.2025, amendments were made to the Criminal Code of the Republic of Belarus related to the mitigation of sanctions for some articles criminalizing crimes related to human trafficking.
The penalty of Part 1 of Article 171 of the Criminal Code (organization and (or) use of prostitution or creation of conditions for prostitution) has been supplemented by alternative types of punishment, such as restriction of freedom for a term of two to five years. Previously, only imprisonment for a term of three to five years with a fine was provided.
The penalty of Part 1 of Article 171-1 of the Criminal Code (involvement in prostitution or coercion to continue prostitution) has been supplemented by alternative types of punishment, such as arrest or restriction of freedom for up to three years. Previously, only imprisonment for a term of one to three years with a fine was provided.
The penalty of Part 2 of Article 171-1 of the Criminal Code (involvement in prostitution or coercion to continue prostitution) has been supplemented by an alternative type of punishment, such as restriction of freedom for a term of two to five years. Previously, only imprisonment for a term of three to five years with a fine was provided.
The penalty of Part 1 of Article 181-1 of the Criminal Code (Use of slave labor) has been supplemented by an alternative type of punishment, such as restriction of freedom for up to five years. Previously, only imprisonment for a term of two to five years with a fine was provided.
The penalty of Part 1 of Article 187 of the Criminal Code (illegal actions aimed at employing persons outside the Republic of Belarus) has been supplemented by an alternative type of punishment, such as restriction of freedom for up to five years. Previously, only imprisonment for a term of three to five years with or without a fine and with deprivation of the right to hold certain positions or engage in certain activities was provided for.
The penalty of Part 2 of Article 187 of the Criminal Code (illegal actions aimed at employing persons outside the Republic of Belarus) has been supplemented by an alternative type of punishment, such as restriction of freedom for a term of three to five years. Previously, only imprisonment for a term of four to six years with a fine and deprivation of the right to hold certain positions or engage in certain activities was provided for.
Among the main regulatory legal acts regulating legal relations in this area, the following should be indicated:
- Criminal Code of the Republic of Belarus;
- Law on Combating Human Trafficking;
- Regulation on identification.
Ø the institutional and policy framework for action against THB (bodies responsible for co-ordinating national action against THB, entities specialised in the fight against THB, national rapporteur or equivalent mechanism, involvement of civil society, public-private partnerships);
The institutional framework for action to combat THB has not changed since the second round of evaluation conducted by GRETA, as it continues to demonstrate its effectiveness.
In accordance with paragraph 1 of Article 12 of the Law on Combating Human Trafficking, the coordination of the activities of state bodies engaged in combating human trafficking is carried out by coordination meetings on combating crime and corruption, operating in the manner determined by the President of the Republic of Belarus.
In accordance with paragraph 2 of Article 12 of the Law on Combating Human Trafficking, coordination of the activities of state bodies and other organizations specified in Articles 9 and 10 of this Law in the area of combating human trafficking, including international cooperation in this area, is carried out by the Ministry of Internal Affairs.
State regulation in the field of combating human trafficking is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, and other state bodies within the limits of their authority (Article 5 of the Law on Combating Human Trafficking).
The President of the Republic of Belarus in the field of combating human trafficking (Article 6 of the Law on Combating Human Trafficking):
determines a unified state policy;
carries out general management of government bodies;
approves state programs;
exercises other powers provided for by the Constitution of the Republic of Belarus, this Law and other legislative acts.
The Council of Ministers of the Republic of Belarus in the sphere of combating human trafficking (Article 7 of the Law on Combating Human Trafficking):
ensures the implementation of a unified state policy;
ensures the implementation of decisions of the President of the Republic of Belarus and compliance with the provisions of this Law;
develops and submits state programs to the President of the Republic of Belarus for approval;
exercises other powers provided for by the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.
1. The state bodies that combat human trafficking are (clause 1, article 8 of the Law on Combating Human Trafficking):
internal affairs agencies;
state security agencies;
border service agencies;
prosecutor's office;
Investigative Committee.
Internal affairs agencies, state security agencies and border service agencies in the sphere of combating human trafficking, within the limits of their competence, prevent, identify and suppress human trafficking and related crimes, take preventive measures aimed at identifying and eliminating the causes and conditions that contribute to human trafficking and the commission of related crimes, and also exercise other powers in accordance with the law (clause 2 , Article 8 of the Law on Combating Human Trafficking).
Upon discovery of violations of the legislation on combating human trafficking, as well as upon receipt of information from state bodies combating human trafficking, other organizations and citizens about the existence of such facts, the prosecutor's office shall issue an order, binding on the relevant state bodies, other organizations, officials and other persons, including individual entrepreneurs, to eliminate such facts or, in accordance with this Law, suspend the activities of organizations and submit to the Supreme Court of the Republic of Belarus an application to recognize organizations as involved in human trafficking, prohibit their activities on the territory of the Republic of Belarus and liquidate such organizations registered on the territory of the Republic of Belarus, or terminate the activities of representative offices of such foreign or international organizations located on the territory of the Republic of Belarus, and also carry out criminal prosecution of persons who have committed human trafficking or related crimes, and other powers in accordance with the law (clause 3 of Article 8 of the Law on Combating Human Trafficking).
The Investigative Committee carries out criminal prosecution of persons who have committed human trafficking or related crimes in accordance with legislative acts (clause 4, article 8 of the Law on Combating Human Trafficking).
State bodies not specified above and other organizations shall take measures aimed at identifying and eliminating the causes and conditions that facilitate human trafficking and the commission of related crimes, participate in identifying instances of human trafficking and related crimes, and also take measures to protect and rehabilitate victims of human trafficking, and assist state bodies combating human trafficking within the limits of their competence as provided for by this Law and other legislative acts (clause 1 of Article 9 of the Law on Combating Human Trafficking).
The Ministry of Labor and Social Protection, the Ministry of Education, and the Ministry of Health, within the limits of their competence, organize work on the social protection and rehabilitation of victims of human trafficking (clause 2, Article 9 of the Law on Combating Human Trafficking).
The Ministry of Foreign Affairs, diplomatic missions and consular offices of the Republic of Belarus, within the limits of their competence (clause 3, article 9 of the Law on Combating Trafficking in Human Beings):
maintain a database of citizens based on information provided by the Ministry of Internal Affairs in accordance with paragraph 5 of Article 17 of this Law;
collect data on children - citizens of the Republic of Belarus, adopted by citizens of the Republic of Belarus permanently residing outside the Republic of Belarus, foreign citizens and stateless persons, study their living conditions and inform the Ministry of Education about this every six months;
in cooperation with organizations providing assistance in the rehabilitation of victims of human trafficking, carry out activities to protect the rights and legitimate interests of citizens of the Republic of Belarus who have become such victims, facilitate their return to the countries of their permanent residence, except in cases where they are minors and information has been received that such return will not correspond to the interests of these minors, in the manner established by legislative acts;
provide information to the authorities of the host countries on legislation on combating human trafficking, disseminate information on measures to combat human trafficking carried out in the Republic of Belarus, including on the rights of victims of human trafficking;
immediately provide citizens of the Republic of Belarus who are victims of human trafficking, stateless persons permanently residing in the Republic of Belarus, foreign citizens and stateless persons who have been granted refugee status, additional protection or asylum in the Republic of Belarus, with the processing and issuance of documents for entry into the Republic of Belarus;
exercise other powers provided for by this Law, other legislative acts and international treaties.
In order to prevent human trafficking and related crimes, provide protection and assistance to victims of human trafficking, public associations operating in this area have the right (Article 10 of the Law on Combating Human Trafficking):
interact with government agencies and other organizations specified in Articles 8, 9 and 11 of this Law;
organize information campaigns on issues related to combating human trafficking, including on issues related to the risks that victims of human trafficking may be exposed to;
establish centers to protect and assist victims of human trafficking;
carry out other activities provided for by this Law and other legislative acts.
Public associations carry out activities to identify victims of human trafficking, provide them with legal and other protection and assistance, and also take measures to prevent human trafficking and related crimes in accordance with their charters.
In order to prevent human trafficking and related crimes, identify victims of human trafficking, provide them with protection and assistance, international and foreign organizations operating in the field of combating human trafficking have the right to interact with government agencies and other organizations specified in Articles 7 - 10 of this Law, implement international technical assistance projects aimed at combating human trafficking, including through the creation of centers for the protection of victims of human trafficking and the provision of assistance to them (Article 11 of the Law on Combating Human Trafficking).
According to paragraph 2 of Article 26 of the Law on Combating Human Trafficking The Minister of the Interior (acting Minister) acts as the National Rapporteur on combating human trafficking.
The National Rapporteur on Combating Human Trafficking carries out his/her activities in order to ensure interaction between the Republic of Belarus and other states, their law enforcement agencies, as well as international and foreign organizations operating in the field of combating human trafficking (clause 1, article 26 of the Law on Combating Human Trafficking).
The main functions of the national rapporteur on combating human trafficking are (clause 3, article 26 of the Law on Combating Human Trafficking):
study and generalization of the practice of applying legislation on combating human trafficking;
informing other states, as well as international and foreign organizations, about combating human trafficking in the Republic of Belarus;
international cooperation for the purpose of exchanging experience;
preparation and submission to the Council of Ministers of the Republic of Belarus of an annual report on issues of combating human trafficking with an assessment of the effectiveness of measures taken and proposals for improving legislation on combating human trafficking.
Ø the current national strategy and/or action plan for combating trafficking in human beings (objectives and main activities, bodies responsible for its implementation, budget, monitoring and evaluation of results);
In accordance with the Council of Europe Convention on Action against Trafficking in Human Beings, the parties that have expressed their consent to be bound by the provisions of the Convention are obliged to take measures provided for in this agreement that are necessary to combat human trafficking and protect the rights of victims of human trafficking. At the same time, the provisions of the Convention do not provide for clearly defined requirements for the form, content and legal nature of the acts to be adopted for these purposes.
The Resolution of the Council of Ministers of the Republic of Belarus dated December 30, 2020 N 793 "On the National Action Plan to Ensure Gender Equality in the Republic of Belarus for 2021-2025" contains Section IV "Combating Domestic Violence and Human Trafficking", which includes the following measures to combat human trafficking:
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43. Strengthening the national referral mechanism for victims of human trafficking and supporting the activities of regional multidisciplinary anti-trafficking groups |
2021 - 2025 |
Ministry of Internal Affairs, Prosecutor General's Office, Ministry of Justice, Ministry of Labor and Social Protection, regional executive committees, Minsk City Executive Committee, public organizations (with their consent) |
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44. Raising awareness among young people on issues of combating human trafficking, including gender equality issues, through the work of a summer youth camp |
2021 - 2022 |
Ministry of Internal Affairs, Ministry of Foreign Affairs, IOM (with consent), UN agencies in the Republic of Belarus (with their consent) |
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45. Development of information materials (booklets, memos) on issues of development, upbringing and education of children for parents in order to increase the level of their psychological culture and competence in these issues |
2021 - 2025 |
Ministry of Education , Ministry of Health, regional executive committees, Minsk City Executive Committee, UNICEF (with consent), public associations (with their consent) |
Measures to combat human trafficking are included in the Program to Combat Crime and Corruption for 2023-2025, approved by the decision of the republican coordination meeting on combating crime and corruption dated 23.12.2022 No. 25.
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5.1.3. To analyze the criminal legislation of foreign countries in the field of combating human trafficking and related crimes in order to develop proposals for improving the criminal law of the Republic of Belarus |
2023-2024 |
Prosecutor General's Office, Ministry of Internal Affairs, Investigative Committee |
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7.1. Ensure, within the limits of competence, interaction with the bodies of the CIS member states and other states in the area of training personnel and advanced training of officials of law enforcement and regulatory agencies, judges, including through consultations and internships, as well as participation of employees in international conferences and forums on issues of combating human trafficking, illegal migration, child pornography and pedophilia. |
2023-2025 |
Ministry of Internal Affairs, Supreme Court, Prosecutor General's Office, Investigative Committee, State Border Committee , State Customs Committee, State Forensic Expertise, KGB, State Control Committee, Ministry of Foreign Affairs, State Inspectorate for the Protection of Flora and Fauna |
Ø recent case law concerning THB for different forms of exploitation.
Provision of information on judicial practice falls within the competence of the Supreme Court of the Republic of Belarus.
Supreme Court Information on Section 12 of the Questionnaire
During the period that has passed since the previous round of evaluation of the Council of Europe expert group on combating trafficking in human beings, the following have been approved in the Republic of Belarus:
– Comprehensive plan to combat crime and corruption for 2023–2025 (decision of the republican coordination meeting on combating crime and corruption dated December 23, 2022, No. 25).
As part of the implementation of this plan, an analysis of the criminal legislation of foreign countries in the area of combating human trafficking and related crimes was conducted in order to develop proposals for improving the criminal law of the Republic of Belarus (subparagraph 5.1.3 of paragraph 5 of this Plan).
Also, subparagraph 3.5 of paragraph 3 of the said Plan provides for the adoption of effective measures to minimize the participation in criminal proceedings of minors who have suffered from crimes against personal freedom, honor and dignity, life and health, sexual integrity or sexual freedom, to ensure the involvement of qualified teachers (psychologists) in conducting surveys and procedural actions, and to expand the practice of using child-friendly rooms during pre-trial proceedings;
– National Action Plan to Improve the Situation of Children and Protect Their Rights for 2022–2026 (Resolution of the Council of Ministers of the Republic of Belarus dated July 25, 2022 No. 490), the objectives of which are to improve interdepartmental cooperation between republican government bodies in matters of preventing family problems and violence against minors, unlawful behavior of children and adolescents, minimizing negative manifestations in the adolescent and youth environment, developing children's and youth initiatives, improving mechanisms for providing psychological assistance to children, increasing the legal literacy and competencies of teaching staff, employees of healthcare organizations, internal affairs agencies, parents (other legal representatives) of minors.
The section "Implementation of the right of children to protection from violence, the threat of human trafficking and exploitation" of the appendix to the said National Action Plan includes measures aimed at improving the system of protection of children from violence and implementing interdepartmental cooperation to prevent child abuse; conducting information campaigns and educational events aimed at combating child abuse; improving the activities of emergency free assistance services for children who have suffered from violence and abuse, including a network of helplines and hotlines; etc.
– National Action Plan to Ensure Gender Equality in the Republic of Belarus for 2021–2025 (Resolution of the Council of Ministers of the Republic of Belarus dated December 30, 2020 No. 793), which provides for the development of mechanisms for introducing a gender approach into the process of developing and implementing public policy measures in various areas, including combating human trafficking.
In particular, the annex to the Plan includes such activities as strengthening the national mechanism for referring victims of human trafficking and supporting the activities of regional interdisciplinary groups to combat human trafficking (paragraph 43); raising awareness among young people on issues of combating human trafficking, including gender equality issues, within the framework of the work of the summer youth camp (paragraph 44); development of information materials (booklets, memos) on issues of development, upbringing and education of children for parents in order to increase their level of psychological culture and competence in these issues (paragraph 45).
Information from the Investigative Committee
Another programmatic document aimed at combating human trafficking is the action plan for the protection of children from sexual violence and the prevention of recidivism, approved by the Deputy Prime Minister of the Republic of Belarus on July 12, 2023 No. 33/102-105/277.
13. Please provide information on measures taken in your country in respect to the following recommendations made in GRETA’s second evaluation report:
Ø increase efforts to combat trafficking for the purpose of labour exploitation, including by enhancing the role of labour inspectors in the identification of victims of trafficking and providing them with specialised training on human trafficking;
Information from the Ministry of Internal Affairs
From 2022 to 2024, internal affairs agencies and interested parties will systematically continue their offensive work to prevent, detect and suppress human trafficking and related crimes for the purpose of labor exploitation.
Due to the focus of the said work primarily on the prevention of labor exploitation and minimization of conditions for it in Belarus and in relation to its citizens abroad (general and individual prevention in the form of information and explanatory work in the media and the Internet, in educational and work collectives, as well as directly with high-risk groups, consultations by telephone on the hotline of the Department of Citizenship and Migration of the Ministry of Internal Affairs, partner public associations and international organizations, etc.), over the past three years, there have been no cases of human trafficking for the purpose of labor exploitation, and the number of suspected and subsequently officially recognized victims of human trafficking with signs of such exploitation against the background of their total number is extremely insignificant (131 out of 1190 and 2 out of 816, respectively).
Information from the Prosecutor General's Office
According to paragraph 10 of the Regulation on Identification, identification of victims of human trafficking may be initiated by labor, employment and social protection authorities.
Ø develop programmes to reduce children’s vulnerability to human trafficking, in particular children placed in or leaving child-care institutions, children from rural areas and children in Roma communities;
The state provides and protects guarantees for the social protection of not only orphans and children left without parental care, but also individuals from among them.
Orphans and children left without parental care include persons aged 18 to 23 who, by the time they reached the age of 18, had the status of orphans or the status of children left without parental care, or grounds for acquiring it, and who have not subsequently lost these grounds.
In accordance with the Law of the Republic of Belarus of 21.12.2005 No. 73 "On guarantees for the social protection of orphans, children left without parental care, as well as persons from among orphans and children left without parental care" the state provides a number of guarantees for the purposes of social protection of the specified category of persons: the right to state support, education, housing, work and employment, as well as the right to free attendance of cultural and sports events in state cultural, physical education and sports organizations, attendance of expositions and exhibitions, state physical education and sports facilities, training in state specialized educational and sports institutions and free travel.
At the initiative of the Prosecutor General's Office, in order to improve the financial situation of children in state care, the monetary standards for expenses on their maintenance have been significantly increased and the list of clothes, shoes, and soft inventory has been updated with modern items. The amounts of cash payments to guardians (trustees), foster parents, and foster parents for feeding their wards, providing them with clothes, shoes, soft inventory, equipment, school supplies, and basic necessities have also been increased.
In order to assist in their social adaptation and successful integration into society of persons of the orphan category after the end of their stay in boarding institutions, family forms of placement, during the period of study and after expulsion from educational institutions, and to prevent them from getting into difficult life situations, the legislation provides for post-boarding support for persons of the orphan category.
Post -boarding school support is understood as a set of measures implemented on the basis of interdepartmental interaction of government agencies and organizations, including provision of housing, employment in accordance with the acquired specialty and assigned qualification, registration at the place of residence, provision of social, pedagogical, psychological, legal and other assistance, etc.
The activities of interested state bodies in post-boarding school support for persons of the orphan category are regulated by the Regulation on post-boarding school support for orphans, children left without parental care, as well as persons from among orphans and children left without parental care approved by the Resolution of the Council of Ministers of the Republic of Belarus dated 31.05.2013 No. 433.
Ø strengthen border controls to prevent and detect trafficking in human beings;
Information from the State Border Committee
Since the second GRETA evaluation report, the situation in the field of combating human trafficking has undergone fundamental changes.
As a result of the restrictive measures unilaterally introduced by the countries of the collective West against the RUE "Belavia", the use of air routes from the Republic of Belarus by potential victims has been completely or partially stopped.
Subsequently, in 2022-2023, Lithuania, Latvia and Poland unilaterally terminated the operation of a number of road and railway checkpoints in violation of international treaties, and Ukraine completely closed them.
Also, in violation of fundamental principles of human rights, the restrictive measures introduced by the Baltic countries on the entry of vehicles registered in the territory of the Republic of Belarus and citizens of our country have almost completely reoriented international transport flows from west to east.
The above facts have led to a complete reorientation of the routes of potential victims of human trafficking and, as a consequence, to a decrease in their detection at checkpoints during border control.
Ø align the national definition of THB to that in the Convention by including the concept of “abuse of a position of vulnerability” as one of the means for committing trafficking in human beings, removing the requirement of prior knowledge that the person is a child from Articles 181(2)9 and 181(3) of the Criminal Code and fully aligning the domestic law with the provisions of the Convention as regards trafficking in children;
Information from the Ministry of Internal Affairs
According to the national definition, human trafficking in the Republic of Belarus is the recruitment, transportation, transfer, harboring or receipt of a person for the purpose of exploitation, committed by deception, or abuse of trust, or the use of violence, or under the threat of violence.
The citizen's consent to the planned exploitation shall not be taken into account if any of the means of influence specified in this paragraph were used.
Recruitment, transportation, transfer, harboring or receipt of a minor for the purpose of exploitation are considered human trafficking even if they do not involve the use of any of the above-mentioned means of influence (Law on Combating Human Trafficking).
The methods of committing human trafficking in the form of deception and abuse of trust envisaged by this definition presuppose and cover the abuse of a position of vulnerability, but they do not allow for a broad interpretation, while the concept of “abuse of a position of vulnerability” allows for it, and therefore the use of such a concept in a legal norm is excluded.
The exclusion from the disposition of Article 181 "Human Trafficking" of the Criminal Code of the Republic of Belarus of the condition of knowing that the victim is a minor when committing the said crime against a child is also excluded due to the fact that it does not comply with the law and the fundamental principles of criminal law, according to which the obligatory feature of a crime is its intentional and guilty nature, which in the case under consideration, which constitutes a qualifying feature of a crime and implies increased criminal liability, is expressed in the knowledge of the perpetrator that he is committing illegal acts specifically against a child.
Information from the Prosecutor General's Office
We believe that the "vulnerability of the situation" is an element of the victim's dependence on traffickers and one of the conditions that allows for their exploitation. In practice, such a situation of the victim is taken into account when qualifying the act as human trafficking.
In addition, in accordance with paragraphs 2 and 6 of Part 1 of Article 64 of the Criminal Code, circumstances aggravating liability are recognized as the commission of a crime against a person who is obviously a minor, an elderly person, a person in a helpless state, or a person who is financially, officially, or otherwise dependent on the perpetrator.
In connection with Based on the above, we believe that the inclusion of the term “exploitation of a vulnerable position” as one of the means of influence in the commission of human trafficking is inappropriate.
The commission of a crime under Article 181 of the Criminal Code against obviously minors and young persons entails criminal liability in accordance with paragraph 9 of Part 2 and Part 3 of this article (respectively). The presence of any of the qualifying features of the act, by virtue of the provisions of Article 89 of the Criminal Procedure Code, is included in the subject of proof in a criminal case.
The note to Article 181 of the Criminal Code contains the wording “if he cannot refuse to perform work (services) for reasons beyond his control”, which is essentially similar to the term “exploitation of a vulnerable position” proposed by GRETA.
According to the provisions of Part 5 of Article 3 of the Criminal Code, a person is subject to criminal liability only for those socially dangerous actions (inactions) committed by him and the resulting socially dangerous consequences provided for by the Criminal Code, in respect of which his guilt has been established, i.e. intent or negligence. Criminal liability for innocent causing of harm is not allowed.
Accordingly, the qualification of actions under Part 2 or Part 3 of Article 181 of the Criminal Code is possible only if it is proven that the perpetrator was aware of the age of the victim.
This follows only from the intentional nature of the actions of the perpetrator, which can be recognized as human trafficking. Otherwise, there may be an "objective imputation", which contradicts the principles, including international ones, of criminal law.
In our opinion, the legislator’s approach in this part does not contradict the Convention.
Thus, we believe that the exclusion of these provisions from the Criminal Code will contradict the fundamental principles of the criminal legislation of the Republic of Belarus.
We also believe that the exclusion from the provisions of Parts 2 and 3 of Article 181 of the Criminal Code of “prior knowledge that this person is a child” contradicts the provision of Article 18 of the Convention, according to which acts must be recognized as criminally punishable in cases where they are committed intentionally.
Ø conduct a thorough assessment of the effectiveness of the criminal law provisions concerning human trafficking and related offences, with a view to clarifying the differences between trafficking offences and offences relating to organising or facilitating prostitution, on the one hand, and between trafficking and illegal acts to send people for work abroad, on the other hand;
Information from the Ministry of Internal Affairs
An assessment of the effectiveness of criminal legislation provisions concerning human trafficking and related offences, conducted in the context of the practical activities of the Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs, demonstrated their effectiveness.
Currently, the Criminal Code of the Republic of Belarus criminalizes all forms of human trafficking and related crimes, including both human trafficking itself (Article 181), and the organization and (or) use of prostitution or the creation of conditions for prostitution (Article 171), involvement in prostitution or coercion to continue prostitution (Article 171-1), the use of slave labor (Article 181-1), the kidnapping of a person in for the purposes of exploitation (clause 4 of part 2 of Article 182), illegal actions aimed at employing citizens abroad (Article 187), as well as the production and distribution of pornographic materials or objects of a pornographic nature with the image of a minor (Article 343-1), including in the form of its use for the production of such materials or objects (parts 2, 3 of the said article).
The question regarding the differences between crimes related to human trafficking and offenses related to the organization or facilitation of prostitution is not entirely correct, since the organization and/or use of prostitution or the creation of conditions for prostitution are included among the crimes related to human trafficking (Law on Combating Human Trafficking).
Considering it from the perspective of the differences between the aforementioned crimes and human trafficking itself (Article 181 of the Criminal Code of the Republic of Belarus), it is obvious that the main difference between them is the presence of such a mandatory feature in human trafficking as exploitation (its purpose), which occurs if a person is forced to perform an activity under the control of the trafficker , without having the opportunity to refuse it, and in accordance with by national definition, it is the illegal coercion of a person to work or provide services (including sexual acts, surrogacy, the removal of organs and/or tissue from a person) if, for reasons beyond his or her control, he or she cannot refuse to perform the work or provide services, including slavery or practices similar to slavery (Law on Combating Trafficking in Persons).
In the case where there is an organization and/or use of prostitution or the creation of conditions for prostitution, the specified elements of exploitation are not observed or only individual signs are observed that are insufficient to qualify the actions of the trafficker as human trafficking.
The second difference, which also distinguishes human trafficking from illegal actions aimed at employing citizens abroad, is that if human trafficking involves such methods of action as recruitment, transportation, transfer, harboring or receiving a person for the purpose of exploitation, committed by deception or abuse of trust, or the use of violence, or under the threat of violence, while in the case of organizing and (or) using prostitution, illegal employment abroad, these methods of action are carried out only with the consent of the victim, and secondly, deception or abuse of trust regarding the nature of the services or work that she will perform is not used, and violence or the threat of its use is not used, or only individual elements of them are seen, which are insufficient to qualify the trafficker's actions as human trafficking.
In addition, a significant difference between human trafficking and illegal actions aimed at employing citizens abroad is that, while in the first case exploitation takes place (its purpose), in the second it is either absent or occurs due to the careless intent of the perpetrator, when he is indifferent to the consequences of his actions in illegally employing the victim abroad.
Information from the Prosecutor General's Office
The absence in the content of Article 181 of the Criminal Code of a separate enshrinement of the principle that the consent of the victim to intentional exploitation is not taken into account if any of the means of influence was used does not mean that this principle of the Convention is not accepted by the criminal law of the Republic of Belarus.
The note to Article 181 of the Criminal Code discloses the content of exploitation, which is understood as “…illegal coercion of a person… in the event that he, for reasons beyond his control, cannot refuse to perform work (services)…”. Therefore, exploitation is also recognized as the use of forced consent.
The consent of a victim of human trafficking to the exploitation in accordance with the legislation of the Republic of Belarus is not recognized as a basis excluding or mitigating the criminal liability of human traffickers.
When using a person’s voluntary consent to provide services, such as sexual services, and in the absence of signs of coercion (exploitation), the actions of the perpetrator do not constitute human trafficking, but are classified under Article 171 of the Criminal Code.
The disposition of Article 181 of the Criminal Code is of a blanket nature. The provision that the consent of the victim of human trafficking is irrelevant if any means of coercion were used is enshrined in the Law on Combating Human Trafficking. In such circumstances, its duplication in Article 181 of the Criminal Code is not required.
The correctness of the legal assessment of human trafficking and crimes related to human trafficking, the rules for distinguishing between the above-mentioned acts are formed within the framework of law enforcement activities.
Ø include the recovery and reflection period in the Law on Combating THB, explicitly stating its purpose, and stipulating that during this period, expulsion orders cannot be enforced;
Information from the Ministry of Internal Affairs
The Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs is guided by the fact that if a foreigner is a victim of human trafficking, as well as a witness in a criminal case on human trafficking or a crime related to human trafficking, the organization of illegal migration, or provides assistance to bodies carrying out operational-search activities, at the reasoned request of such bodies or the body conducting criminal proceedings, the temporary stay of a foreigner in the Republic of Belarus is extended until a decision is made (a sentence is passed) on a criminal case against persons guilty of human trafficking or committing a crime related to human trafficking, the organization of illegal migration (Law of the Republic of Belarus "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus").
Information from the Prosecutor General's Office
The provisions on the 30-day period for reflection and recovery are contained in the Law on Combating Human Trafficking and the Resolution of the Council of Ministers of the Republic of Belarus "On the Identification of Victims of Human Trafficking". This period is sufficient for the person who has suffered from exploitation to make all necessary decisions.
Ø examine the possibility of criminalising the use of services of victims of trafficking, with the knowledge that the persons concerned are victims, for different types of exploitation
Information from the Ministry of Internal Affairs
Taking into account the national definition of exploitation given above, the Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs is guided by the fact that the use of services that the victim cannot refuse, with the knowledge of this by the person using such services, is an element of exploitation of the victim, that is, complicity in the relevant crime, and (or), and in the case of obvious physical or verbal resistance of the victim to the provision of the service (and in relation to a child who is in a helpless position due to age or has not reached the age of sexual consent - and without such resistance), commits a separate criminally punishable act against her (a crime against sexual inviolability or sexual freedom, coercion, etc.), for which in all cases criminal liability occurs (Criminal Code of the Republic of Belarus).
Thus, separate criminalization of the use of services of a known victim of human trafficking for the consumer is currently unnecessary, and therefore the Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs is not considering relevant legislative initiatives.
Information from the Prosecutor General's Office
Criminalization of the use of the services of victims of human trafficking for various types of exploitation is unnecessary, since the relevant behavior is covered by the elements of the crime provided for in Article 181-1 of the Criminal Code.
Ø support further research on different aspects of THB, in particular trafficking for labour exploitation, trafficking of foreign nationals to Belarus, and the misuse of the Internet for the commission of THB, including through social networks.
Information from the Ministry of Internal Affairs
The Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs and interested parties constantly study current aspects of human trafficking and related crimes within the framework of the analysis of the operational situation and the crime situation, and continue to monitor foreign legislation in this area.
In addition, in order to expand such research, at the initiative of the Minister of Internal Affairs, in 2024, an international scientific and practical conference "Comprehensive counteraction to modern forms of human trafficking, sexual violence and exploitation of minors" was held at the International Training Center for the preparation, advanced training and retraining of personnel in the field of migration and combating human trafficking of the Academy of the Ministry of Internal Affairs, in which, along with employees of the internal affairs bodies, representatives of law enforcement agencies and scientists from the Republic of Azerbaijan, the Republic of Kazakhstan, the Russian Federation, the Republic of Uzbekistan, the Kyrgyz Republic, as well as experts from the Bureau for the Coordination of the Fight against Organized Crime and Other Dangerous Types of Crimes in the Territory of the Member States of the Commonwealth of Independent States, and other interested parties took part.
Information from the Prosecutor General's Office
The Prosecutor General's Office systematically conducts inspections of the implementation of legislation on combating human trafficking, including in the prevention, detection and suppression of human trafficking and related crimes, during which investigative practice in criminal cases of this category is analyzed.
When violations of the law are identified, prosecutorial response measures are taken to eliminate and prevent them.
The Scientific and Practical Center of the Prosecutor General's Office conducts a thematic scientific study annually.
Part III - Statistics on THB
14. Please provide the following statistics, per year starting with 2022, where available disaggregated as indicated below:
Ø Number of presumed victims and identified victims of THB in the sense of having been recognised by a state institution or mandated NGO as bearers of rights to services provided for by the Convention (with breakdown by sex, age, nationality, form of exploitation, internal or transnational trafficking, and body which identified them).
From 2022 to 2024 in the Republic of Belarus state bodies exercising powers in the field of combating human trafficking, public associations, international and foreign organizations identified a total of 1,190 individuals in relation to whom there was information that they could have suffered from human trafficking or related crimes (including 669 minors).
Of these, 816 (including 562 minors) were subsequently officially recognized as victims of human trafficking during the identification of victims of human trafficking, which in all cases was carried out by internal affairs agencies.
Most of the victims were female, had Belarusian citizenship, and had suffered sexual exploitation within the country.
Ø Number of victims of THB identified as part of the asylum procedure (disaggregated by sex, age, nationality, form of exploitation).
According to the Chief Department on Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs, no such cases were identified from 2022 to 2024.
Ø Number of victims of THB who received assistance (disaggregated by sex, age, nationality, form of exploitation, internal or transnational trafficking).
From 2022 to 2024, 298 identified victims of human trafficking (including 270 minors) were referred for protection and rehabilitation measures.
Persons who were not recognized as victims of human trafficking or refused identification and who needed assistance also received it in accordance with the principles of a 30-day period for reflection and non-linking of protection and rehabilitation measures to the participation of a person in criminal proceedings and consent to undergo identification of victims of human trafficking (Law on Combating Human Trafficking; Identification Regulations).
Ø Number of child victims of THB who were appointed legal guardians.
Ø Number of victims of THB granted a recovery and reflection period (disaggregated by sex, age, nationality, form of exploitation).
The collection and recording of information on this criterion is not provided for by the established reporting forms received by the Ministry of Internal Affairs on the work of state bodies exercising powers in the area of combating human trafficking, public associations, international and foreign organizations to identify persons who may have suffered from human trafficking or related crimes, the application of measures for protection and rehabilitation, where only persons sent to provide assistance within a 30-day period from the date of the survey are taken into account (Regulations on Identification).
Ø Number of victims of THB granted a residence permit, with an indication of the type of the permit and its duration (disaggregated by sex, age, nationality, form of exploitation).
According to the available information the victims of THB didn’t requested
a residence permit in 2022-2024.
Ø Number of persons given refugee status or subsidiary/complementary protection on the grounds of beings victims of THB (disaggregated by sex, age, nationality, form of exploitation).
According to the available information the victims of THB didn’t requested
a refugee status or subsidiary/complementary protection in 2022-2024.
Ø Number of victims of THB who claimed compensation, who were granted compensation and who effectively received compensation (disaggregated by sex, age, nationality, form of exploitation, with an indication of whether the compensation was provided by the perpetrator or the State, and the amount awarded).
Ø Number of victims of THB who received another form of financial support from the State, with the indication of the amount received.
Ø Number of victims of THB who received free legal aid.
According to information provided to the Belarusian Republican Bar Association based on information from territorial bar associations, from 2022 to the present, lawyers have not provided free legal assistance to victims of human trafficking due to the lack of requests.
Ø Number of victims of THB who were returned or repatriated to/from your country (disaggregated by sex, age, country of destination, form of exploitation).
From 2022 to 2024 as a result of the work of the internal affairs agencies,
1 woman who was subjected to sexual exploitation in the Republic of Turkey was returned to the Republic of Belarus, subsequently identified as a victim of human trafficking.
Ø Number of investigations into THB cases (disaggregated by type of exploitation, with an indication of the number of victims concerned).
From 2022 to 2024, 799 cases of human trafficking and related crimes were registered in the Republic of Belarus, of which 798 were related to sexual exploitation (including 4 cases of direct human trafficking, 233 cases of organizing and using prostitution, involving or forcing someone to it, and 561 cases of producing and distributing pornography depicting minors), which affected 815 officially identified victims of human trafficking (including 562 minors), and 1 case of labor exploitation (use of slave labor), which affected 2 adult victims.
Ø Number of prosecutions in THB cases (disaggregated by type of exploitation, with an indication of the number of victims and defendants concerned).
Ø Number of convicted perpetrators of THB (disaggregated by sex, age, nationality, form of exploitation).
Ø Number of convictions for THB, with an indication of the form of exploitation, whether the victim was adult or child, the type and duration of the penalties, and whether they were effectively enforced or suspended.
Ø Number of judgments in THB cases resulting in the confiscation of assets.
Ø Number of convictions of legal entities for THB.
Information from the Ministry of Labor and Social Protection
The Republic of Belarus has created a state infrastructure for providing social services to people in difficult life situations (which includes victims of human trafficking). In each administrative district, there are territorial centers for social services to the population (146 in total, hereinafter referred to as centers). Stable financing and functioning of the system of centers, equal access to the full range of social services in all regions of the republic, the availability of qualified personnel in sufficient quantities, as well as an effective mechanism for interdepartmental interaction are ensured.
The development of a set of measures to provide assistance to victims is carried out taking into account the individual needs of citizens identified during the completion of the following questionnaires:
questionnaires [1]to identify victims of domestic violence and identify their needs;
questionnaires [2]of a citizen who may have suffered from human trafficking or related crimes.
In the centers, persons who have suffered from domestic violence and victims of human trafficking are provided social services on a voluntary basis (that is, to receive assistance, a person must contact the center).
For persons in need of temporary shelter, the centers operate “crisis” rooms.
As of January 1, 2025, there are 134 “crisis” rooms in operation. In total, there are 435 beds in the “crisis” rooms, 132 of which are for children.
The temporary shelter service is provided to persons over 18 years of age. When a family with children applies to a "crisis" room, the children are accommodated together with the parent.
The possibility of placing a person in a "crisis" room at the place of application has been ensured (regardless of the place of registration (place of residence) and in the absence of an identity document, based on a written application). Round-the-clock access to the "crisis" room has been established.
The temporary shelter service includes the provision of a separate sleeping place, a set of bedding and other essential items, provision of food or hot meals (if necessary).
In order to ensure safe living, 87 “crisis” rooms are equipped with an alarm system (panic button), while the rest have 24-hour staff on duty (in hotels, hostels, 24-hour stay centers, healthcare organizations, etc.).
In addition to temporary shelter, all applicants are also provided with psychological and informational and consulting services. If necessary, assistance is provided in finding employment, finding housing, establishing family ties and other support. Interaction has been established with internal affairs agencies, education and health departments, and public associations.
The period for the provision of social services, including the period of stay in the “crisis” room of citizens, is determined in the contract and can be extended taking into account the circumstances of a specific life situation (regardless of the initiation of a criminal case).
Thus, the state ensures the provision of comprehensive assistance to victims of human trafficking and victims of domestic violence, taking into account their needs.
In the period 2022–2024, victims of human trafficking did not contact labor, employment, and social protection agencies or centers.
Information from the State Border Committee
From 2022 to the present, the border service authorities of the Republic of Belarus have not identified victims of human trafficking.
During the above-mentioned period, 4 criminal cases were initiated under Article 171 of the Criminal Code of the Republic of Belarus. Of these, 2 criminal cases under Part 2 were initiated by the inquiry bodies of the border service, and 2 criminal cases under Parts 1 and 2 were initiated by cooperating law enforcement agencies.
One foreign citizen was sentenced to 6 years of imprisonment with a fine.
Supreme Court Information on Section 14 of the Questionnaire
In 2022, 4 persons were convicted of human trafficking (Article 181 of the Criminal Code) (including 1 man and 3 women) and 2 persons of using slave labor (Article 181-1 of the Criminal Code) (including 1 man and 1 woman) for a combination of crimes. In 2023-2024, no one was convicted under these articles.
The above crimes were committed by persons aged 30 to 49. All convicted persons were citizens of the Republic of Belarus, with the exception of 1 person, who was a citizen of one of the CIS countries. For crimes of this category, the courts imposed imprisonment as the main punishment, and a fine as an additional punishment. In addition, special confiscation was applied to 1 person in accordance with Article 46-1 of the Criminal Code.
At the same time, in the period from 2022 to 2024, 88 criminal cases were considered on the merits and a verdict was passed for crimes under Articles 171 (organization and (or) use of prostitution or creation of conditions for prostitution), 171-1 (involvement in prostitution or coercion to continue prostitution), 182 of the Criminal Code (kidnapping) (38 in 2022, 25 in 2023, 25 in 2024). Crimes of this category were committed against 36 minors (28 in 2022, 5 in 2023, 3 in 2024), 227 women (129 in 2022, 35 in 2023, 63 in 2024). Moreover, during the analyzed period, the courts terminated cases on the above-mentioned crimes against 2 persons due to the expiration of the statute of limitations and as a result of the amnesty act.
During the specified period, 110 persons (including 75 men and 35 women) were convicted of kidnapping (Article 182 of the Criminal Code), as well as crimes aimed at using people for the purposes of sexual exploitation (Articles 171 , 171-1 of the Criminal Code), which is 0.1% of all those convicted (in 2022 - 45 persons, 2023 - 33, 2024 - 32).
Crimes of this category were committed by persons aged 16 to 17 years - 5 persons (in 2022 - 4 persons, 2023 - 1, 2024 - not convicted), from 18 to 24 years old - 36 persons (2022-2024 - 12 persons), from 25 to 29 years old - 22 persons (in 2022 - 8 persons, 2023 - 10, 2024 - 4), from 30 to 49 years old - 41 persons (in 2022 - 17 persons, 2023 - 9, 2024 - 15), 50 years of age and older - 6 persons (in 2022 - 4 persons, 2023 - 1, 2024 - 1).
Of these, 101 convicted persons were citizens of the Republic of Belarus (42 in 2022, 31 in 2023, 28 in 2024), 6 persons had citizenship of one of the CIS countries (1 in 2022, 2 in 2023, 3 in 2024), and 3 persons were citizens of another state (2 in 2022, not convicted in 2023, 1 in 2024).
In the structure of criminal penalties for the above-mentioned crimes, the courts most often imposed such a measure as imprisonment (assigned to 82 persons: in 2022 - 32 persons, 2023 - 22, 2024 - 28), another 26 convicts were granted a deferment of punishment (in 2022 - to 13 persons, 2023 - 11, 2024 - 2) and conditional non-application of punishment was applied to 2 persons (not applied in 2022-2023, in 2024 - to 2 persons).
The following additional penalties were imposed: a fine (to 105 persons: in 2022 - 42 persons, in 2023 - 32, in 2024 - 31), deprivation of the right to hold a certain position or engage in a certain activity (to 1 person in 2022, not applied in 2023-2024), deprivation of a military or special rank (to 1 person in 2023, not applied in 2022 and 2024).
It should be noted that special confiscation was applied to 72 persons in accordance with Article 46-1 of the Criminal Code (in 2022 - to 26 persons, 2023 - 24, 2024 - 22).
In addition, during the analyzed period, there was a case of exemption from administrative liability of victims of human trafficking in accordance with Article 8.8 of the Code of Administrative Offenses (in 2022 - 1 person).
[1] Instructions on the procedure and conditions for the provision of social services by state social service institutions (approved by the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated 26.01.2013 No. 11) .
[2]Regulation on the procedure for identifying victims of human trafficking, the procedure for filling out and the form of the questionnaire of a citizen who may have suffered from human trafficking or related crimes, the procedure for providing the information contained therein (approved by Resolution of the Council of Ministers of the Republic of Belarus dated 11.06.2015 No. 485).