On Combating Trafficking in Human Beings (Trafficking)

Law of Georgia

On Combating Trafficking in Human Beings (Trafficking)

Article 1. Scope of regulation of the Law🔗

This Law determines the legal and organisational grounds for the prevention of and combating trafficking in human beings (trafficking) in Georgia, the powers and obligations of state bodies, officials and legal entities in the measures directed against trafficking in human beings (trafficking) and the rules for coordination of their activities, as well as the legal status of victims of trafficking in human beings (trafficking) and the guarantees of their social and legal protection.

Article 2. Purpose of the Law🔗

The purpose of this Law is:

a) to ensure the promotion of the prevention of and combating trafficking in human beings (trafficking) by protecting the rights of victims of trafficking in human beings (trafficking);

b) to ensure the protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking);

c) to determine the peculiarities of conducting criminal prosecution for the crime of trafficking in human beings (trafficking);

d) to determine the principles of cooperation of state bodies, international organisations and legal entities for the prevention of and combating trafficking in human beings (trafficking) and for the protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking).

Article 3. Definition of terms🔗

For the purposes of this Law, the terms have the following meaning:

a) human trafficking (trafficking) – the crimes provided for by Articles 143¹ and 143² of the Criminal Code of Georgia. The consent of a victim of human trafficking (trafficking) to his/her premeditated exploitation shall not be given significance;

b) blackmail – coercion of a person to perform or not to perform any action by threatening to disclose defamatory or other harmful information about him/her or his/her relatives;

c) helpless state – a state where a person is materially or otherwise dependent on another person, where the person, due to limited capabilities, is unable to realistically assess the existing situation, where the person has no other real means but to submit to the violence used against him/her;

d) exploitation – by an offender, for the purpose of obtaining material or other benefit:

d.a) coercion to perform work or provide services;

d.b) coercion to provide sexual services;

d.c) involvement of a person in criminal activity, prostitution, pornography or other anti-social acts;

d.d) forcible or fraudulent removal, transplantation or other use of a human body organ, part of an organ or tissue;

d.e) placing a person in a slavery-like state or in modern conditions of slavery;

e) forced labour – any work or service obtained by physical or mental coercion of a person, by means of threats, blackmail against him/her or exploitation of his/her helpless state;

f) sexual exploitation – involvement of a person in prostitution, other types of sexual services or production of pornographic material by means of threats, violence, coercion, blackmail against him/her or exploitation of his/her helpless state, by exploitation of official position or by provision of false information about the nature and conditions of the work;

g) slavery-like state – the status or condition of a person as defined by the Supplementary Convention of the United Nations of 7 September 1956 on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery;

h) placing a person in modern conditions of slavery − creation of such a state for a person where he/she, with remuneration, inadequate remuneration or without remuneration, performs work or provides services in favour of another person and is unable to change this circumstance due to dependence on that person. Dependence on a person may be caused, inter alia, by:

h.a) deprivation, control or intentional infringement of a person's identity document;

h.b) restriction of the right to free movement or control of free movement;

h.c) restriction or control of communication with a family member or another person, including correspondence and telephone contact;

h.d) creation of a coercive or intimidating environment;

i) human trafficker – a natural or legal person or a group of persons who has committed a crime provided for by Article 143¹ and/or 143² of the Criminal Code of Georgia;

j) Victim of trafficking in human beings (trafficking) – a person who, as a result of the crime of trafficking in human beings (trafficking), has suffered moral, physical or pecuniary damage and who, in accordance with the procedure established by the legislation of Georgia, is considered a victim of trafficking in human beings (trafficking) by the permanent group established under the inter-agency coordination council implementing measures against trafficking in human beings (trafficking);

k) State of origin – a state of which the victim of trafficking in human beings (trafficking) is a citizen or in which a person permanently residing is a victim of trafficking in human beings (trafficking);

l) State of destination – a state in whose territory the victim of trafficking in human beings (trafficking) is exploited;

m) State of transit – a state through whose territory trafficking in human beings (trafficking) is carried out;

n) Service institution (shelter) for victims of trafficking in human beings (trafficking) – a legal entity established in accordance with the legislation of Georgia, whose aim is to provide shelter for victims of trafficking in human beings (trafficking) and legal, psychological, medical and/or other types of services for the purpose of protecting their lawful rights and interests, their rehabilitation and full reintegration into family and society;

o) injured party – a person who is recognised as an injured party in the crime provided for by Article 143¹ and/or Article 143² of the Criminal Code of Georgia, in accordance with the procedure established by the Criminal Procedure Code of Georgia;

p) minor – a person whose age does not exceed 18 years.

Law of Georgia of 10 April 2012 No. 6012 – website, 30 April 2012.

Law of Georgia of 29 May 2014 No. 2474 – website, 4 June 2014.

Law of Georgia of 14 July 2020 No. 6824 – website, 28 July 2020.

Article 4. State policy of Georgia in the field of combating trafficking in human beings (trafficking)🔗

1. In the fields of prevention of trafficking in human beings (trafficking), combating it and protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking), the state policy of Georgia is determined in accordance with the obligations provided for by the Constitution of Georgia and the international treaties and agreements of Georgia in the fields of combating transnational organised crime and corruption and protection of human rights.

2. The state facilitates the prevention of trafficking in human beings (trafficking), the protection of the human rights of victims of trafficking in human beings (trafficking), their assistance and rehabilitation, and implements measures against trafficking in human beings (trafficking).

3. State bodies which carry out the prevention of and combat against trafficking in human beings (trafficking), the protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking), shall be guided by the Constitution of Georgia, the international treaties and agreements of Georgia, this Law and other relevant normative acts.

Article 5. Mechanisms for the prevention of trafficking in human beings🔗

1. The mechanisms for the prevention of trafficking in human beings are a set of organisational, legal, research, educational, informational, social and economic measures aimed at reducing, preventing and suppressing the crime of trafficking in human beings.

2. The State's activity in the field of prevention of trafficking in human beings implies:

a) the development and implementation of short- and long-term programmes for reducing poverty, the low level of economic development, unemployment and unequal access to opportunities in the country, and for eliminating all forms of discrimination;

b) the analysis and assessment of the causes of trafficking in human beings;

c) the study and collection of data on the forms and scale of the spread of trafficking in human beings for the purpose of developing effective preventive measures;

d) comprehensive legal regulation of migration, the implementation of measures promoting legal labour migration;

e) the reduction of the risk of illegal labour migration and trafficking in human beings through the implementation of information and educational activities, including through the establishment of "hotlines" in the relevant State agencies,

the development of educational programmes for broad sections of the population, the provision of the passport and visa services of Georgia, border-check points

and Georgian diplomatic representations abroad

and consular institutions with information materials on the legal employment of Georgian citizens abroad and on the prevention of trafficking in human beings, on centres for the protection, assistance and rehabilitation of victims of trafficking in human beings, and other matters;

f) the inclusion of issues related to trafficking in human beings in the programmes of general educational institutions (schools) and higher educational institutions;

g) the organisation and conduct of special preparatory courses or seminars for those civil servants who carry out measures for the prevention of and combating trafficking in human beings and for the protection, assistance and rehabilitation of victims of trafficking in human beings;

h) measures aimed against all factors contributing to the exploitation of persons.

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012.

Article 6. Competence of state bodies in the field of prevention of trafficking in human beings (trafficking)🔗

1. State bodies which contribute to the prevention of trafficking in human beings (trafficking) create the conditions necessary for the prevention and suppression of trafficking in human beings (trafficking), carry out the improvement of the legal and economic environment for groups at possible risk of this crime, and also conduct the relevant information and educational campaign.

1¹. The competent service of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, within the scope of its competence, ensures the implementation of state supervision for the purpose of preventing and responding to forced labour and labour exploitation, in accordance with the procedure approved by the Government of Georgia.

2. The Legal Entity of Public Law − the State Agency for Employment Promotion, within the scope of its competence, ensures the obtaining of information on vacancies in Georgia and outside its borders and its accessibility to the public in accordance with the Law of Georgia "On Employment Promotion".

3. The authorised body of the executive authority for the management of the tourism and resorts sector, within the scope of its competence, develops a programme for the protection and safety of tourists and holidaymakers and coordinates its implementation.

4. The Ministry of Education, Science and Youth of Georgia, within the scope of its competence, ensures the inclusion of issues related to trafficking in human beings (trafficking) in the programmes of general education institutions (schools) and higher education institutions.

5. The Ministry of Foreign Affairs of Georgia, within the scope of its competence, controls the issuance of return certificates of citizens of Georgia to Georgia and of Georgian visas, for the purpose of employment outside the borders of Georgia of citizens of Georgia and persons permanently residing in Georgia, in accordance with the procedure established by the legislation of Georgia ensures the holding of negotiations for the conclusion of the relevant bilateral and multilateral contracts with foreign countries, and, for the purpose of legal assistance to citizens of Georgia and persons permanently residing in Georgia who are outside the borders of Georgia, in accordance with the procedure established by the legislation of Georgia –

ensures the designation of persons working on issues of trafficking in human beings (trafficking) in the diplomatic representations of Georgia abroad

or in consular institutions.

6. Within the scope of its competence, the Ministry of Internal Affairs of Georgia, in order to ensure the identification of persons involved in the crime of trafficking in human beings and the recording of their entry into and exit from Georgia, controls the passage of persons across the state border of Georgia and the operation of border-crossing points, and also cooperates with the relevant law enforcement bodies of foreign countries, studies and analyses the causes giving rise to the crime of trafficking in human beings and, in order to ensure their elimination, carries out preventive measures.

7. State bodies shall ensure the implementation of the measures provided for by this article and, to that end, shall cooperate with international organisations, non-entrepreneurial legal entities carrying out activities in Georgia and other civil society institutions.

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012.

Law of Georgia of 22 July 2015 No. 4085 – website, 31.07.2015.

Law of Georgia of 5 July 2018 No. 3103 – website, 11.07.2018.

Law of Georgia of 14 July 2020 No. 6820 – website, 21.07.2020.

Law of Georgia of 16 March 2021 No. 365 – website, 18.03.2021.

Law of Georgia of 30 November 2023 No. 3851 – website, 15.12.2023.

Article 7. Competence of state bodies in the field of combating human trafficking (trafficking)🔗

1. The mechanisms for combating human trafficking (trafficking) are the set of measures that are implemented to ensure the detection and solving of this crime, the identification and detention of offenders, the conduct of criminal prosecution against them and the imposition of punishment on them, as well as those necessary for the legal protection of and assistance to victims of human trafficking (trafficking) and affected persons.

2. State bodies that combat human trafficking (trafficking) ensure the implementation of preventive measures for the prevention, detection and suppression of this crime, the identification and detention of persons accused of the crime, and the conduct of criminal prosecution against them in the manner established by the legislation of Georgia.

3. State bodies that combat human trafficking (trafficking) and protect victims of human trafficking (trafficking) and affected persons develop mandatory guidelines and ensure that special training courses or seminars are conducted for their employees on the identification of victims of human trafficking (trafficking), the treatment of them and the peculiarities of handling human trafficking (trafficking) cases.

4. The Ministry of Internal Affairs of Georgia, within the scope of its competence, ensures the conduct of operative-investigative and investigative activities regarding the crime of human trafficking (trafficking), the protection of the personal safety of victims of human trafficking (trafficking), affected persons and witnesses, the creation of a unified information bank, as well as, for the purpose of facilitating the development and implementation of measures to combat human trafficking (trafficking), cooperates with the relevant state bodies.

5. The Prosecutor's Office of Georgia, in human trafficking (trafficking) cases, within the scope of its competence, conducts criminal prosecution and supports the state prosecution in court.

6. For the purpose of effectively combating human trafficking (trafficking), with the participation of representatives of the Prosecutor's Office of Georgia and other relevant state bodies, a permanent group for combating human trafficking (trafficking) is created under the Ministry of Internal Affairs of Georgia, which coordinates the conduct of operative-investigative and investigative actions against human trafficking (trafficking) throughout the entire territory of the country. The permanent group for combating human trafficking (trafficking) has the right to directly receive from the relevant state bodies, including Georgia's diplomatic representations and consular

institutions abroad, any information related to human trafficking (trafficking) issues.

7. The competent service of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, for the purpose of preventing and responding to forced labour and labour exploitation, shall inspect working conditions and, in the event of detection of signs of human trafficking (trafficking), shall apply to the investigative bodies.

Law of Georgia of 24 September 2010 No. 3619-LHG I, No. 51, 29.09.2010, Art. 332

Law of Georgia of 12 June 2012 No. 6439 – website, 22.06.2012

Law of Georgia of 22 July 2015 No. 4085 – website, 31.07.2015

Law of Georgia of 5 July 2018 No. 3103 – website, 11.07.2018

Article 8. Unified Information Bank🔗

1. For the identification of human traffickers and the systematisation of the information existing about them, a unified information bank shall be created within the Ministry of Internal Affairs of Georgia in accordance with the procedure established by the legislation of Georgia, into which shall be entered information obtained as a result of the conduct of operative-search measures, investigation and court proceedings related to the crime of human trafficking (trafficking) and/or received from the International Criminal Police Organisation (Interpol) and other relevant organisations.

2. The procedure for creating the unified information bank, the types and content of the information to be entered therein, as well as the list of persons authorised to access the relevant information shall be approved by the Minister of Internal Affairs of Georgia.

3. Information entered into the unified information bank is classified information, and its access and disclosure shall be effected in accordance with the procedure established by the legislation of Georgia for accessing and disclosing classified information.

4. Unauthorised disclosure of the information contained in the unified information bank shall be punishable by law.

Law of Georgia of 24 September 2010 No. 3619-LHG I, No. 51, 29.09.2010, Art. 332

Article 9. Legal Entity of Public Law − State Care and Assistance Agency for Victims of Trafficking🔗

1. For the purpose of implementing measures for the protection, assistance and rehabilitation of victims of human trafficking (trafficking), a Legal Entity of Public Law within the system of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia is established − the State Care and Assistance Agency for Victims of Trafficking (hereinafter – the Agency).

2. State control over the Agency shall be exercised by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

3. The Agency shall be managed by a Director, who shall be appointed to and dismissed from office by the Prime Minister of Georgia.

4. The structure and rules of operation of the Agency shall be determined by a regulation approved by the Government of Georgia.

5. The Agency shall ensure the payment of compensation to victims of human trafficking (trafficking) in accordance with the procedure established by the legislation of Georgia and the financing of measures for their protection, assistance and rehabilitation, as well as the exercise of other powers determined by the legislation of Georgia.

6. The sources of the Agency's income are:

a) state budgetary funds;

>b) funds received from international organizations;

c) donations of legal entities and natural persons;

d) other income permitted by the legislation of Georgia.

Law of Georgia of 20 September 2013 No. 1268 – website, 08.10.2013.

Law of Georgia of 5 July 2018 No. 3103 - website, 11.07.2018.

Law of Georgia of 11 December 2019 No. 5462 – website, 19.12.2019.

Article 10. Interagency Coordinating Council Implementing Measures Against Trafficking in Persons (Trafficking)🔗

1. For the purpose of facilitating the effective performance of the functions defined for the relevant state bodies in the areas of preventing trafficking in persons (trafficking), combating it, and protecting, assisting and rehabilitating victims of and persons affected by trafficking in persons (trafficking), and of coordinating and monitoring their activities, the Government of Georgia shall establish the Interagency Coordinating Council Implementing Measures Against Trafficking in Persons (Trafficking) (hereinafter – the Coordinating Council).

2. The Coordinating Council may include, along with representatives of state agencies, representatives of non-entrepreneurial legal entities operating in the relevant field, international organizations and mass media, specialists and scientists of the same field.

3. The procedure for establishing the Coordinating Council, for nominating a person to the Coordinating Council and for removing a person from the Coordinating Council, the composition of the Coordinating Council and the rules (statute) of its activity shall be determined and approved by the Government of Georgia.

4. The Coordinating Council shall approve:

a) the composition, rules of activity and powers of the standing group established under the Coordinating Council;

b) the minimum standards necessary for the arrangement of an institution (shelter) for servicing victims of trafficking in persons (trafficking);

c) the action instruction (national referral mechanism) for the protection of victims of trafficking in persons (trafficking);

d) the procedure for granting compensation from the Agency.

Law of Georgia of 20 September 2013 No. 1268 – website, 08.10.2013.

Law of Georgia of 11 December 2019 No. 5462 – website, 19.12.2019.

Article 11. Status of a victim of human trafficking (trafficking)🔗

1. The issue of granting the status of a victim of human trafficking (trafficking) shall be decided by the permanent group created under the Coordinating Council, after the person applies to the institution for servicing victims of human trafficking (trafficking) (shelter) or to the relevant institution, no later than 48 hours after the receipt of information about the presumed victim of human trafficking (trafficking). The relevant body determined by the Resolution of the Government of Georgia shall be obliged to take measures to immediately collect the information necessary for deciding the issue of granting the person the status of a victim of human trafficking (trafficking) and to immediately provide it to the permanent group created under the Coordinating Council.

2. In the case of granting the status of a victim of human trafficking (trafficking), the person shall be entitled to apply to the institution for servicing victims of human trafficking (trafficking) (shelter) and to enjoy the rights provided for by this Chapter.

3. For the injured party and another participant of the proceedings, the status of a victim of human trafficking (trafficking) does not constitute a ground for the emergence of the rights and obligations conferred by the Criminal Procedure Code of Georgia.

4. The provisions provided for by this Chapter shall apply to a citizen of Georgia, a stateless person having status in Georgia, who has been recognised in another state as a victim of human trafficking (trafficking).

Law of Georgia of 25 May 2012 No. 6301 – website, 12.06.2012.

Law of Georgia of 11 December 2019 No. 5462 – website, 19.12.2019.

Law of Georgia of 30 March 2021 No. 423 – website, 13.04.2021.

Article 12. Reflection period🔗

1. A victim of human trafficking (trafficking) has the right to enjoy a reflection period – of not less than 30 days – in order to decide whether or not he/she wishes to cooperate with law enforcement bodies in the conduct of criminal proceedings in respect of the relevant crime.

2. The reflection period shall be counted from the day of the person's application to the institution for servicing victims of human trafficking (trafficking) (shelter), to a law enforcement body or to the relevant institution.

3. A victim of human trafficking (trafficking) shall be released from the liability provided for by Article 371 of the Criminal Code of Georgia during the reflection period.

Article 13. Peculiarities of criminal proceedings for the crime of trafficking in human beings (trafficking)🔗

1. Criminal proceedings for the crime of trafficking in human beings (trafficking) shall be conducted in accordance with the Criminal Procedure Code of Georgia and other legislative acts of Georgia.

2. In a case of the crime of trafficking in human beings (trafficking), upon the motion of the prosecutor, the victim or his/her representative, a closed court hearing may be held by a ruling (decision) of the court (judge).

3. In the case of the crime of trafficking in human beings (trafficking), special protection measures may be applied in accordance with the procedure established by the Criminal Procedure Code of Georgia.

4. Criminal liability established by the legislation of Georgia shall be applied to a legal entity trafficking in human beings.

5. A person trafficking in human beings may be deprived of property obtained by criminal means in accordance with the legislation of Georgia.

6. Before the initiation of criminal proceedings for the crime of trafficking in human beings (trafficking), during the criminal proceedings and after their completion, measures for the protection, assistance and rehabilitation of victims and injured parties of trafficking in human beings (trafficking) shall be carried out, as provided for by this Law.

Article 14. Legal protection of victims of and injured persons from trafficking in human beings (trafficking)🔗

1. In accordance with the procedure established by the legislation of Georgia, access to justice is ensured for victims of and injured persons from trafficking in human beings (trafficking).

2. Law enforcement bodies shall be obliged to immediately explain to the victim of and injured person from trafficking in human beings (trafficking) his/her right to apply to the institution (shelter) for servicing victims of trafficking in human beings (trafficking).

3. Law enforcement bodies and the institution (shelter) for servicing victims of trafficking in human beings (trafficking) shall be obliged to provide the victim of and injured person from trafficking in human beings (trafficking) with complete information on the legislation of Georgia in the field of trafficking in human beings (trafficking).

4. The investigator, prosecutor and judge shall be obliged to provide the injured person, in his/her native language or in a language he/she understands, with information on his/her rights and obligations and legal status, as well as information on other issues related to the course of the investigation and court proceedings.

5. In criminal proceedings, the State shall provide the injured person with a lawyer, an interpreter, as well as the provision to him/her of documents and materials related to the criminal proceedings in his/her native language or in a language he/she understands.

6. Free legal assistance and court representation to the victim of and injured person from trafficking in human beings (trafficking) may be provided by the institution (shelter) for servicing victims of trafficking in human beings (trafficking) authorised for that purpose in accordance with this Law, or by another natural or legal person in accordance with the procedure established by the legislation of Georgia.

7. The injured person and the witness, as well as the persons providing them with legal protection and assistance, shall have the right at any time to request the ensuring of their personal safety and that of their family members in accordance with the procedure established by the legislation of Georgia.

8. The identity, addresses and other personal information of victims of and injured persons from trafficking in human beings (trafficking) and witnesses is confidential information and its disclosure shall be prohibited, except for cases provided for by law.

9. At the request of the injured person, witness or their legal representatives, special protection measures may be applied in accordance with the procedure established by the Criminal Procedure Code of Georgia.

Article 15. Release of a victim of human trafficking (trafficking), an injured person, from liability🔗

1. A victim of human trafficking (trafficking), an injured person shall be released from liability provided for the acts defined by Articles 286², 344 and 362 of the Criminal Code of Georgia and Articles 172³ and 185 of the Code of Administrative Offences of Georgia. He/she shall also not be held liable for participation in an unlawful act if he/she was compelled to act in such a way due to being a victim of human trafficking (trafficking), an injured person.

2. The provisions of the first paragraph of this Article shall apply to offences committed by a person due to being a victim of human trafficking (trafficking), an injured person, before obtaining the status of a victim of human trafficking (trafficking), an injured person.

Law of Georgia of 27 April 2021 No. 462 – website, 04.05.2021.

Article 16. Right of a victim of human trafficking (trafficking), an injured person, to compensation for damage caused as a result of the crime of human trafficking (trafficking)🔗

1. A victim of human trafficking (trafficking), an injured person shall have the right to claim compensation for moral, physical or property damage caused to him/her as a result of the crime of human trafficking (trafficking), in accordance with the procedure established by the civil procedural legislation of Georgia.

2. Notwithstanding compensation for damage in accordance with the first paragraph of this Article, a victim of human trafficking (trafficking), an injured person shall have the right to claim, for the moral, physical or property damage caused to him/her as a result of the crime of human trafficking (trafficking), a one-time compensation, which shall be issued by the Agency in accordance with the procedure approved by the Coordinating Council.

Law of Georgia of 11 December 2019 No. 5462 – website, 19.12.2019.

Law of Georgia of 30 March 2021 No. 423 – website, 13.04.2021.

Article 17. Competence of state bodies in the field of protection, assistance and rehabilitation of victims of human trafficking (trafficking)🔗

1. Protection, assistance, rehabilitation and reintegration of victims of human trafficking (trafficking) includes the set of legal, social and organisational measures that ensure:

a) implementation of criminal prosecution for the crime of human trafficking (trafficking) with full protection of the honour and dignity, inviolability of private life and security of victims of human trafficking (trafficking);

b) inadmissibility of discrimination of victims of human trafficking (trafficking);

c) development of effective mechanisms for compensation of the damage caused to victims of human trafficking (trafficking) as a result of the crime of human trafficking (trafficking);

d) promotion of full rehabilitation of victims of human trafficking (trafficking) and their full reintegration into the family and society;

e) provision of full information to victims of human trafficking (trafficking) about their rights and the mechanisms for the protection of these rights provided by the legislation of Georgia.

2. State bodies that carry out the protection, assistance, rehabilitation and reintegration of victims of human trafficking (trafficking), in accordance with this Law and other legislative acts, cooperate with international organisations, non-entrepreneurial legal entities carrying out activities in Georgia and other civil society institutions, in order to ensure legal protection and assistance of victims of human trafficking (trafficking), full confidentiality of the personal data of victims of human trafficking (trafficking) and witnesses, protection of personal security and inviolability of private life, safe repatriation and medical-psychological rehabilitation, as well as the development and implementation of mechanisms and programmes for compensation of physical, moral or property damage caused as a result of the crime.

Article 18. Mechanisms for assistance to and rehabilitation of victims of and persons affected by trafficking in human beings (trafficking)🔗

1. The State shall, with the consent of a victim of trafficking in human beings (trafficking), ensure his/her placement in safe housing suitable for a dignified existence – in an institution providing services to victims of trafficking in human beings (trafficking) (shelter).

2. It shall be inadmissible to place an affected person in a place of detention and in a penitentiary institution, except for the exceptions established by law and the case where it is possible to place him/her separately from others.

3. The institution providing services to victims of trafficking in human beings (trafficking) (shelter) shall, with the consent of a victim of and an affected person by trafficking in human beings (trafficking), provide him/her with free medical and psychological assistance, as well as free legal consultation and assistance. The institution providing services to victims of trafficking in human beings (trafficking) (shelter) shall develop and implement short-term and long-term programmes for the rehabilitation of victims of and persons affected by trafficking in human beings (trafficking) and for their full reintegration into the family and society.

4. The Ministry of Education, Science and Youth of Georgia shall, with the consent of victims of and persons affected by trafficking in human beings (trafficking), ensure their participation in vocational training and other educational programmes developed together with the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.

5. When performing the obligations provided for by this Article, every institution providing services to victims of trafficking in human beings (trafficking) (shelter) shall take into account the age, sex and special needs of victims, in particular the special needs of children, with regard to providing them with appropriate housing, education and care.

6. With respect to child victims of and children affected by trafficking in human beings (trafficking), the mechanisms for the protection of children's rights provided for by the United Nations Convention on the Rights of the Child of 29 November 1989 and by the Council of Europe Convention on Action against Trafficking in Human Beings, as well as the guidelines adopted by international organisations on the protection of the rights of child victims of trafficking in human beings (trafficking), shall apply.

7. If the age of a victim of or an affected person by trafficking in human beings (trafficking) has not been established and there are reasonable grounds to presume that he/she is a minor, the victim of or affected person by trafficking in human beings (trafficking) shall be considered a minor and, until his/her age is established, special protection measures shall be applied to him/her.

8. The protection of the personal safety of victims of and persons affected by trafficking in human beings (trafficking) and the measures for their medical and psychological rehabilitation shall be carried out with their consent and with the complete confidentiality of their personal data.

Law of Georgia of 9 March 2010 No. 2712-LHG I, No. 12, 24.03.2010, Art. 77

Law of Georgia of 1 May 2015 No. 3539 – website, 18.05.2015

Law of Georgia of 5 July 2018 No. 3103 – website, 11 July 2018

Law of Georgia of 16 March 2021 No. 365 – website, 18 March 2021

Law of Georgia of 30 November 2023 No. 3851 – website, 15 December 2023

Article 19. Arrangement of a facility (shelter) for servicing victims of human trafficking (trafficking)🔗

1. For the purpose of protecting the lawful rights and interests of victims of human trafficking (trafficking), of injured persons, assisting them, their rehabilitation and full reintegration into family and society, a facility (shelter) for servicing victims of human trafficking (trafficking) shall be established in accordance with the procedure established by the legislation of Georgia.

2. The facility (shelter) for servicing victims of human trafficking (trafficking) shall be established under the Agency as a structural unit of a Legal Entity of Public Law.

3. Any natural or legal person shall be entitled to establish, in an organisational-legal form defined by the legislation of Georgia, a non-entrepreneurial legal entity of private law – a facility (shelter) for servicing victims of human trafficking (trafficking).

4. The facility (shelter) for servicing victims of human trafficking (trafficking) shall meet the standards established by the legislation of Georgia.

4¹. A person convicted of a crime against sexual freedom and inviolability provided for by the Law of Georgia "On Combating Crimes Against Sexual Freedom and Inviolability" may not be employed in a facility (shelter) for servicing victims of human trafficking (trafficking), regardless of the removal or expungement of the conviction.

5. The facility (shelter) for servicing victims of human trafficking (trafficking) shall ensure the exercise of the rights conferred by this Law on a victim of human trafficking (trafficking), on an injured person, including the protection of his/her personal safety, during his/her stay in the facility (shelter) for servicing victims of human trafficking (trafficking).

Law of Georgia of 11 December 2019 No. 5462 – website, 19 December 2019

Law of Georgia of 17 March 2020 No. 5765 – website, 23 March 2020

Article 20. Status of foreign victims, injured parties of trafficking in human beings (trafficking) and their repatriation🔗

1. A foreigner who is a victim, injured party of the crime of trafficking in human beings (trafficking) committed on the territory of Georgia shall enjoy the same rights as are provided by this Law for a victim, injured party of trafficking in human beings (trafficking).

2. A victim, injured party of trafficking in human beings (trafficking) who is a citizen of a foreign country or a stateless person shall be released from the liability provided for an act defined by Article 185 of the Code of Administrative Offences of Georgia.

3. During the reflection period, it shall be inadmissible to expel from Georgia a foreigner in respect of whom there is a reasonable assumption that he/she may be a victim, injured party of trafficking in human beings (trafficking).

4. During the reflection period, the Ministry of Justice of Georgia shall issue a residence certificate to the person referred to in the first paragraph of this Article, on the basis of a petition of the institution for servicing victims of trafficking in human beings (shelter) or of the body conducting the proceedings. Information by which the person indicated in the petition is identified is secret information and its disclosure shall be punishable by law. The relevant state body shall take a decision on classifying the said information as secret in accordance with the procedure established by the General Administrative Code of Georgia.

5. If the person referred to in paragraph 3 of this Article decides to cooperate with law enforcement bodies in the criminal proceedings in respect of the relevant crime, he/she shall be issued a residence certificate, in accordance with the procedure established by the legislation of Georgia, until the completion of the criminal proceedings and/or civil proceedings. During this period, he/she shall also have the right to work on the territory of Georgia and to enjoy the labour rights and guarantees established by the Labour Code of Georgia.

6. After the expiry of the reflection period or after the completion of the relevant criminal proceedings, the State shall take appropriate measures for the safe return of a foreigner who is a victim, injured party of trafficking in human beings (trafficking) to his/her State of origin.

7. After the completion of the relevant criminal proceedings, a foreigner who is a victim, injured party of trafficking in human beings (trafficking) may, upon his/her request, be granted asylum on the territory of Georgia, if there is a reasonable assumption that, in the event of return to the State of origin, his/her life, health or freedom would be endangered.

Article 21. Safe repatriation of citizens of Georgia and persons permanently residing in Georgia who are victims of, and persons affected by, human trafficking (trafficking in persons)🔗

1 . Abroad

of Georgia

diplomatic missions and

consular offices shall cooperate with the Ministry of Justice of Georgia and other relevant state bodies of Georgia in order to issue to a victim of, or person affected by, human trafficking (trafficking in persons), within the shortest time, an identity card and/or a certificate for return to Georgia and to ensure safe return to Georgia

facilitation .

2. For the purpose of the safe and voluntary return of victims of, and persons affected by, human trafficking (trafficking in persons), the state bodies of Georgia shall cooperate with the relevant bodies of foreign countries, international organisations and non-entrepreneurial legal entities.

Law of Georgia of 12 June 2012 No. 6439 – website, 22 June 2012.

Article 21¹. General grounds for social and legal protection, assistance and rehabilitation of minors who are victims of, and persons affected by, human trafficking (trafficking in persons)🔗

1. The measures of social and legal protection, assistance and rehabilitation established by this Law for victims of, and persons affected by, human trafficking (trafficking in persons) shall apply to a minor who is a victim of, or person affected by, human trafficking (trafficking in persons), taking into account the rules established for minors by the legislation of Georgia and by this Chapter.

2. Through the mechanisms for the prevention of human trafficking (trafficking in persons) established by this Law, the State shall take special measures to reduce the possibilities of involving minors in human trafficking (trafficking in persons).

3. The mechanisms and instructions referred to in paragraph 6 of Article 18 of this Law shall be applied to a minor who is a victim of, or person affected by, human trafficking (trafficking in persons).

4. The operation of this Law shall, without any form of discrimination, also extend to a minor who is a citizen of a foreign country or a stateless person and who is a victim of, or person affected by, human trafficking (trafficking in persons).

Law of Georgia of 10 April 2012 No. 6012 – website, 30 April 2012.

Article 21². Legal protection of minor victims of, and persons affected by, trafficking in persons (trafficking)🔗

1. The State, through its authorised bodies, takes measures to establish the identity, citizenship, parents and place of residence of the family of a minor victim of, or person affected by, trafficking in persons (trafficking). Where necessary, a minor victim of, or person affected by, trafficking in persons (trafficking) shall be appointed a guardian/curator in accordance with the procedure established by the legislation of Georgia.

2. The identity and other personal data of a minor victim of, or person affected by, trafficking in persons (trafficking) are confidential and their disclosure is prohibited (this information is also not accessible to the mass media), except for exceptional cases provided by law where it is necessary to establish the place of residence of his/her parents and family and the disclosure of the said information does not endanger the safety of the minor victim of, or person affected by, trafficking in persons (trafficking).

3. A minor victim of, or person affected by, trafficking in persons (trafficking) shall be provided with information about his/her legal status, as well as about the measures to be implemented for his/her assistance and rehabilitation. The information shall be provided to the minor in a language understandable to him/her, taking into account his/her age.

4. It is inadmissible to place a minor victim of, or person affected by, trafficking in persons (trafficking) in a place of detention and in a penitentiary institution in the cases provided for by Article 15 of this Law.

Law of Georgia of 10 April 2012 No. 6012 – website, 30.04.2012.

Law of Georgia of 1 May 2015 No. 3539 – website, 18.05.2015.

Article 21³. Mechanisms of social protection, assistance and rehabilitation of minor victims of, and persons affected by, trafficking in persons (trafficking)🔗

1. The State, in accordance with the procedure established by the legislation of Georgia, promotes the social protection, assistance and rehabilitation of a minor victim of, or person affected by, trafficking in persons (trafficking).

2. The State, in accordance with the procedure established by this Law, ensures the placement of a minor victim of, or person affected by, trafficking in persons (trafficking) in an institution for the provision of services to victims of trafficking in persons (trafficking) (shelter). A minor whose one or both parents are victims of, or persons affected by, trafficking in persons (trafficking) may also be placed in the shelter, in accordance with the procedure established by its internal regulations.

3. The conditions necessary for the life, rest, assistance and rehabilitation of a minor victim of, or person affected by, trafficking in persons (trafficking) placed in an institution for the provision of services to victims of trafficking in persons (trafficking) (shelter) shall be determined by the internal regulations of the institution for the provision of services to victims of trafficking in persons (trafficking) (shelter), which may also provide for the possibility for the minor victim of, or person affected by, trafficking in persons (trafficking) to receive minimum education appropriate to his/her age.

Law of Georgia of 10 April 2012 No. 6012 – website, 30.04.2012.

Article 21⁴. Status and repatriation of victims of trafficking in human beings (trafficking) who are foreign nationals or stateless persons, and of affected minors🔗

1. A residence permit shall be issued to a victim of trafficking in human beings (trafficking) who is a foreign national or a stateless person, or to an affected minor, in accordance with the procedure established by this Law and other legislative and subordinate normative acts of Georgia, on the basis of a petition of the institution serving victims of trafficking in human beings (trafficking) or of the body conducting the proceedings.

2. A victim of trafficking in human beings (trafficking) who is a foreign national or a stateless person, or an affected minor, may not be returned to a foreign state if there is a presumption that his/her safety will not be ensured in the event of return. The special needs, psychological or health condition of the said person shall also be taken into account.

3. Taking into account the interests and needs of a victim of trafficking in human beings (trafficking) who is a foreign national or a stateless person, or of an affected minor, for the purpose of his/her assistance and rehabilitation, state institutions, in cooperation with public organisations, implement the relevant programmes.

Law of Georgia of 10 April 2012 No. 6012 – website, 30 April 2012.

Law of Georgia of 2 April 2025 No. 422 – website, 3 April 2025.

Article 22. Cooperation of state bodies of Georgia with the corresponding state bodies of foreign countries in the field of combating trafficking in human beings (trafficking)🔗

Cooperation of state bodies of Georgia with the corresponding state bodies of foreign countries in the fields of prevention of trafficking in human beings (trafficking), combating it, and protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking), affected persons shall be determined in accordance with the United Nations Convention against Transnational Organized Crime, its supplementary Protocol "on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children", the Council of Europe Convention "on Action against Trafficking in Human Beings", the treaties on legal mutual assistance concluded by Georgia with the corresponding states, and other international treaties and agreements of Georgia.

Article 23. Cooperation with international governmental and non-governmental organisations to ensure the implementation of joint programmes🔗

International governmental and non-governmental organisations may participate, in accordance with the procedure established by the legislation of Georgia, in the preparation and implementation of the measures and joint programmes provided for by this Law for the prevention of trafficking in human beings (trafficking), combating it, and the protection, assistance and rehabilitation of victims of trafficking in human beings (trafficking), affected persons.

Article 24. Measures to be carried out in connection with the entry into force of the Law🔗

1. The Government of Georgia shall ensure the financing of the measures to be carried out against trafficking in persons (trafficking) by the state bodies implementing the fight against trafficking in persons (trafficking).

2. The Government of Georgia shall, before 1 April 2014, develop and approve the rules for the creation of the coordinating council, for the submission of a person to the coordinating council and for the removal of a person from the coordinating council, the composition of the coordinating council and the rules (regulation) of its activity.

2¹. The Government of Georgia shall, before 1 January 2016, approve the rules for the exercise of state supervision by the competent service of the Ministry of Labour, Health and Social Affairs of Georgia for the purpose of preventing and responding to forced labour and labour exploitation.

3. The coordinating council shall, before 1 April 2014, prepare and submit to the Government of Georgia for approval the unified standards and rules for the identification of victims of trafficking in persons (trafficking).

3¹. The director of the Fund shall, before 1 April 2014, submit to the Government of Georgia for approval the regulation of the Fund.

3². Decrees of the President of Georgia issued on the basis of this Law shall retain legal force until the entry into force of the normative acts adopted by the Government of Georgia provided for by paragraphs 2, 3 and 3¹ of this Article.

4. The coordinating council shall, within 6 months from the entry into force of this Law, approve:

a) the composition, rules of activity and powers of the permanent group created under the coordinating council;

b) the standards and requirements necessary for the arrangement of the institution (shelter) for the service of victims of trafficking in persons (trafficking), and a model of its regulation;

c) the operational instruction for the protection of victims of trafficking in persons (trafficking) (national referral mechanism);

d) the rules for the payment of compensation from the Fund.

5. The Ministry of Economic Development of Georgia shall, within 6 months from the entry into force of this Law, ensure the transfer of the relevant property to the Legal Entity of Public Law – the State Fund for the Protection of and Assistance to Victims of and Persons Affected by Trafficking in Persons (Trafficking), in accordance with the procedure established by the legislation of Georgia.

6. The Ministry of Internal Affairs of Georgia shall, within 6 months from the entry into force of this Law, ensure the implementation of the organisational-legal measures necessary for the creation of a unified information bank.

7. The Ministry of Labour, Health and Social Affairs of Georgia shall, within 3 months from the entry into force of this Law, develop the rules and forms for the provision of medical services to victims of trafficking in persons (trafficking).

8. The Ministry of Education and Science of Georgia shall, within 6 months from the entry into force of this Law, ensure the inclusion of issues related to trafficking in persons (trafficking) in the programmes of general educational institutions (schools) and higher educational institutions.

9. The Minister of Internal Affairs of Georgia shall, within 6 months from the entry into force of this Law, approve the rules for the creation of a unified information bank.

10. The Ministry of Foreign Affairs of Georgia shall, within 1 month from the entry into force of this Law, ensure the designation of persons working on human trafficking (trafficking) issues in the consular institutions of Georgia and the public dissemination of relevant information, including outside Georgia.

11. The Ministry of Foreign Affairs of Georgia shall, within 6 months from the entry into force of this Law, ensure the submission to the Parliament of Georgia of the Council of Europe Convention on Action against Trafficking in Human Beings for ratification.

Law of Georgia of 20 September 2013 No. 1268 – website, 08.10.2013.

Law of Georgia of 22 July 2015 No. 4085 – website, 31.07.2015.

Article 25. Entry into force of the Law🔗

1. This Law, except for paragraph 4 of Article 13, paragraph 2 of Article 18 and Article 22, shall enter into force 1 month after publication.

2. Paragraph 4 of Article 13 of this Law shall enter into force after the relevant amendments and additions are made to the Criminal Code of Georgia and the Criminal Procedure Code of Georgia.

3. Paragraph 2 of Article 18 of this Law shall enter into force from 1 January 2008.

4. Article 22 of this Law shall enter into force after Georgia's accession to the United Nations Convention against Transnational Organized Crime, its supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Council of Europe Convention on Action against Trafficking in Human Beings.

President of Georgia M. Saakashvili

Tbilisi,

28 April 2006.

No. 2944-Is