„ბავშვთა ვაჭრობის, ბავშვთა პროსტიტუციისა და ბავშვთა პორნოგრაფიის თაობაზე ბავშვის უფლებათა კონვენციის“ დამატებითი ოქმი

GEORGIA Initial Report on the Implementation of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Committee on the Righs of the Chi@ --,2016 Preliminary Draft Initial Report of Georgia under Article 12, Paragraph l, ofthe optional protocol to the convention on the Rights of the Child on the Sale of Children, Child prostitution and Child Pornography (Committee on the Rights of Child) 2016 I. General Information II Data Errorl Bookmark not defined. III. General measures of implementation...,.....................,,........... Errorl Bookmark not defined. IV, Prevention and Raising Awareness (art.9, paras. I and 2) 2l V.Prohibition and Related Mattcrs 29 ¨..¨ ..¨・ ・¨¨¨ ・・¨¨ ・ ¨●¨ VI. Protection of the Rights of Victims (arts. 8 and 9, paras. 3 and 4) ...................................39 VII. International assistance and cooperation VIII. Other relevant provisions................ ......,,.,47 Introduction l 2 This is the first report oflhe Govemment of Georgia, submitted under article 12, paragraph l, ofthe Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The report was prepared largely in accordance with the Guidelines regarding initial reports to be submitted by Stares Parties under afticle 12, paragraph l, ofl the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pomography (CRCiOP/SA/ I ). The purpose of the present repo( is to inform the Committee on the Rights of the Child on the situation in Ceorgia with regard to the protection liom sale of children, child prostitution and pornography and the measures implemented by the state in this respect. 3 The report contains inlormation on the legislative, judicial, administrative and other measures carried out by Ceorgia since the accession to the Optional Protocol to the Convention on the Rights olthe Child on the Sale of Children. Child Prostitution and Child Pornography. 4 The drafting process was coordinated by the Ministry of Foreign Affairs and the following authorities participated in the process of preparing the repo(: Human Rights Secretariat of the Chancery of the Government, the Ministry of Justice, the Chief Prosecutor's Office, the Ministry of Labor. Health and Social affairs, the Ministry of Internal Aflairs. the Ministry of Education and Science, the Ministry of'Econopy and Sustainable Development. rhe State Security Service, LEPL Legal Aid Service, the Oflce of the State Minister tbr Diaspora Issues, the Parliament of Georgia, the Constitutional Court, the Supreme Court, the National Commission on Georgia's Communications. 5 'fhe report has been drafted in close cooperation with the Offlce ol Public Def'ender. representatives of' non-governmental and international organizations. and their contributions are reflected in the repo( to the possible extent. General Legal and Institutional Framework (/o r the protection ol Child Righs) Legal Framework 6 Georgia acceded to the Optional Protocol to the Convention on the Rights ofthe Child on the Sale of Children, Child Prostitution and Child Pomography on 27 September 2002, and it entered into force on 28 July 2005. Optional Protocol to the Convention on the Rights of the Child on rhe Sale of Children, Child Prostitution and Child Pornography (Optional Protocol) constitutes international treaty ol Ceorgia. lnternational treaty ol Georgia is integral part of Georgian legislation and holds high position in the hierarchy ol normative acts of Georgia. Namely, international treaty of Ceorgia, unless it contradicts to the Constitution of Georgia and the Constitutional Agreement of Georgia, shall have precedence over domestic normative acts. Provisions of officially promulgated international treaties of Georgia that establish concrete rights and obligations and need no adoption of implementing national normative acts shall have direct legal etlect. 7. Georgia ratifled the Clouncil of' Europe C'onvention on the Protection of Children against Sexual Exploitation and Sexual Abuse on 23 September 2014. and it entered into firrce on I January 20I 5. 8. Protection and promotion of human rights and freedoms are guaranteed by the Constitution of Georgia (the Constitution). According to the Constitution everyone is free by birth and equal before law irrespective ofrace, color, language. sex, religion, political and other opinions, national, ethnic and social belonging. origin. propenl and title. and place of'residence. Citizens ol'Ceorgia shall be equal in social, economic, cultural and political lit'e irrespective of their national, ethnic, religious or linguistic belonging. The Constitution also plainly affirms that - Mothers' and children's rights are protected by the law. 9. Criminal Code of Georgia envisages criminal liability fbr: the purchase or sale of children; knowingly purchasing, storing, attending the demonstration of, offering, disseminating, transl.erring, advertising, providing access to or using pornographic work containing images of minors, as well as knowingly making or selling pornographic work containing images ol minors. At the same time Criminal Code olGeorgia criminalizes engagement of minors in prostitution. 10. The Law ol Georgia on combating 'Irafficking was amended in accordance with the recommendations olthe Group of Experts on Action against Trafficking in Human Beings (GRETA) in April 2012. ln particular, the new chapter inserted in the Law refers to the social and legal protection, assistance and rehabilitation of child victims. [n May 2014, amendments to the Criminal Code ol Ceorgia and Law on Combating Trafficking were introduced, providing a more clear defln ition olthe term "exploitation". ll.ln June 2015 the Parliament of Georgia adopted the Juvenile Justice Code. The purpose ofthe code is to safeguard the best interests of minors, to re-socialize and rehabilitate minors who are in conflict with law, to better protect the rights of minor victims and witnesses, as well as to prevent the secondary victimization of minor victims and minor witnesses, to avoid the re-victim ization ol'minor victims and to prevent new crimes. The Juvenile Justice Code is in line with international human rights instruments and the best international practices. 12.In 2014 the Parliament of Georgia adopted the Law of Georgia on Elimination of All Forms of Discrimination. Representatives of international and non-govemmental organizations, religious and ethnic minority groups as well as foreign experts were actively involved in the drafting process. The law consolidates and harmonizes the relevant anti-discrimination norms interspersed in the legislation of Georgia The purpose of the law is to eliminate all forms of discrimination and to ensure for every person equal enjoyment of rights prescribed by law irrespective of race, color, Ianguage, national. ethnic or social belonging, sex, sexual orientation or gender identity, marital or health status. disability, age, nationality, origin, place ol birth, place ol residence, social status, religion or beliel, political or any other ground. According to the Law any form ol d iscrimination, be it direct or indirect, shall be prohibited in Georgia. Elimination of discrimination and ensuring of equality shall be monitored by the Public Defender ofGeorgia. 13. On 30 April 2014, the Parliament of Georgia approved the National Human Rights Strategy of Georgia for 2014'2020, The main goal of the Strategy is to develop a comprehensive approach to ensure the implementation of the obligations stemming from international human rights instruments in everyday lilb rvith a view to building an inter-agency, multi-sector, unifled, and consistent policy and, accordingly, to implement good governance. Another principal innovation o1'the Strategy is introduction ofa human rights-based approach which will drive the state policy and programmes and determine right-holders and duty-bearers in each particular case. The Strategy explicitly requires from the state to respect, protect, fulfil and promote human rights. With a view to achieving the vision and goals, the Strategy envisages legislative and institutional changes, as well as changes in practice. The Strategy aims to ensure that every person in Georgia understands the essence of'his or her rights and is capable of implementing these rights in practice. The Strategy is designed to promote the development of free, independent, and active citizens who are aware of their role in a democratic state in terms of both implementing their rights and fulfilling their obligations. The authorities, on their part, should take steps Io enable people to play an active role in the protestion ol their rights and the development of democracy. 14. In order to ensure proper implementation olthe Strategy, the Govemment of Georgia developed and adopted Human Rights Action Plan for 2014-201 5 and implementation report of the Human Rights Action Plan fbr 201 4-20 I 5 that was fbllorved by the Drafi H uman Rights Action Plan lor 2016-2017 . lt is important to mention that Human Rights Action Plan fbr 2016-2017 includes chapter on the protection ol the child rights: strengthening the system of protection and assistance lor children; improvement of services for vulnerable children; eradication of child poverty. lts effective implementation and monitoring is ensured by the Human Rights Secretariat and the Human Rights Inter-Agency Council under the Prime Minister. Council consists ol the ministers as well as civil society representatives and international organizations with the permission of'vote. The Council is accountable to the Parliament by annual reporting. Institutional Framework 15. In recent years significant measures have been undertaken by Georgia at the policymaking and institutional levels to ensure coordinated state action lbr the purposes of'the eflective enjoyment of human rights. Along with the Gender Equality Council chaired by a Vice-speaker ofthe Parliament, special posts were also appointed such as the Human Rights Advisor ofthe President, the Assistant to Prime Minister on Human Rights and Gender Equality Issues, and an Ambassador at Large on Human Rights within the Ministry of Foreign Affairs, who is tasked to systematically follow up on the implementation ol HRC resolutions, recommendations by Special Rapporleurs and Independent Experts and outcomes of the UPR process. The Committee on Human Rights and Civil Integration, as one of the standing committees of the Parliament of Georgia, has broad powers to monitor and evaluate the human rights situation in the country as well as to examine individual petitions from individuals. 16. Interagency CounciI on Combating Trafficking in Human Beings (THB Council) set up in 2006 plays crucial role in carrying out substantial measures and coordinating inter-agency policy to combat traflicking in human beings. The Interagency Council is chaired by the Minister of Justice and composed of the representatives from all the relevant line ministries and agencies (Ministry of internal Affairs, Chief Prosecutor's Office, Ministry of Foreign Affairs, Ministry of Labor, Health and Social Affairs, Ministry of Economy and Sustainable Development, Ministry of Education and Science. State Ministry on Diaspora Issues. Parliamentarl' Secretary of the Government of Georgia, LEPL State Fund fbr the Protection and Assistance ot'(statutory) Victims of Trafllcking and Public Defender's Office). Furthermore, NGOs and international organizations, as well as the representative from the US Embassy to Georgia, are actively involved in the work of the Council. The THB Council is responsible for the development of proposals on the issues of human trafficking, coordination between the governmental agencies working on THB issues and cooperation with NGOs and international organizations. Moreover, the Council is also responsible fbr the elaboration and promotion of implementation of National Action Plan OAP) on Combating Human Trafficking, which is focused on five pillars: Prevention, Protection, Prosecution, Capacity building of professionals dealing with THB (Trafficking in Human Beings) issues and Partnership. The 20152016 NAP ensures special protective measures for the child victims of human trafficking. Cunently, the new NAP for 2017-2018 is being elaborated by rhe Council. 17. Founded in 2006, the LEPL State Fund for Protection and Assistance of (Statutory) Victims of Human Trafficking (including minors) ensures better protection and support for the victims of human trafficking. The State Fund for the Protection and Assistance of the TIP victims continues to provide: a) shelters; b) legal aid: c) physiological and medical assistancel d) rehabilitation and reintegration measures to the victims. Application of the Optional Protocol in the Occupied Territories of Georgia 18. The Government of Ceorgia has been consistently continuing its policy aimed at ensuring full enjoyment of the rights provided in the Optional Protocol fbr the entire State population. However, to this end, obstacles of outstanding gravity were imposed on the Georgian govemment due to Russia's effective control of Abkhazia, Georgia and the Tskhinvali Region/South Ossetia, Georgia since the beginning of the 1990s, when armed conflict in Abkhazia, Georgia and Tskhinvali Region/South Ossetia, Georgia was triggered by the Russian Federation. Due to the armed conflicts of 1992-1993 that erupted in said regions. Georgia lost de lacto control over the parls of those regions. Subsequently these territories were occupied by Russia as a result ot'armed aggression exercised against Georgia in August 2008. 19. As a result of Russias illegal actions, the Government of Georgia, as well as the legitimate authorities of these regions currentl)' in exile, are unable to exercise effective control of the territories to give effect to the provisions of the Optional Protocol. While Georgia fully undertakes its obligation to take all possible measures for implementing the provisions of the Optional Protocol, preventing its possible breaches and terminating its ongoing violations in light of its positive obligations under the human rights law, at the same time, it contends that the primary responsibility for non-compliance with the provisions of the Convention as well as their violation in these regions rests with the Russian Federation. 20. Human rights situation in occupied lerrilofies 2l.The Govemment of Georgia has been consistently continuing its policy aimed at ensuring full enjoyment of the rights provided in the Convention for the entire State population. To this end, the obstacles of outstanding gravity were imposed by occupation oltwo regions - Abkhazia, Ceorgia and the Tskhinvali region/South Ossetia. Georgia b1'the Russian Federation. 22. As a result of military aggression, creeping annexation and occupation policy, well-planned and syslematically implemented by the Russian Federation regarding the territory of Georgia, between l99l and 2015 several hundreds of thousands ofpersons were expelled from their homes to become IDPs and relugees and they have been deprived of their internationally recognized right to a voluntary, safe and dignitied retum to places oftheir permanent residence. 23. Due to Russia's illegal actions, the Covemment of Georgia as well as the legitimate authorities of these regions currently in exile, are unable to exercise elfective control of the territories to give effect to the provisions of the Convention. While Ceorgia fully undertakes its obligation to take all possible measures for implementing the provisions of the Convention, preventing its possible breaches and terminating its ongoing violations, at the same time, it contends that the primary responsibility for non-compliance with the provisions ofthe Convention as well as their violation in these regions rests with the Russian Federation. 24. The occupation line along the administrative boundary line with Abkhazia and the Tskhinvali Region separates Georgia from its two occupied territories. [n the spring of20ll, the Russian occupation forces intensified the process of the installation of barbed wire fences and other artificial obstacles along the occupation lines in Abkhazia, Georgia and the Tskhinvali region/South Ossetia, Ceorgia (placed in 2009). Currentll'. the total length of artificial barriers along the occupation lines is 63 km. Russia continues to place undue restrictions on the local population wishing to cross the occupation line often leading to casualties among those locals, including children and women, seeking urgent medical treatment. People are regularly detained by Russian FSB border guards for so called "illegal border crossings." 25. Human rights violations occurring in the occupied territories on a fiequent basis include but are not limited to: kidnappings, robberies and assaults, violation ol the right to lif'e, torture and ill{reatment. arbitrary detentions of ethnic Georgians, systematic and gross violations ol property rights of'ethnic Georgians, restriction of freedom of movement, the restriction of the ethnic Georgian school children to receive education in their native language. ＥＪ 26' People, including children, especially those of Georgian ethnicity, have been deprived of most of fundamental rights and freedoms. Those who live in conflict zones are under constant pressure and fear of expulsion and other punitive measures. Often, children are abducted from the adjacent regions to the occupied territories by the separatist illegal armed groups and Russian military forces. All these acts place them in high risk to be recruited into illegal armed groups operated in the occupied territories of Ceorgia. 27' Furthermore, the right to education of children living in and around the conflict zones are frequently violated by the Russian FSB Forces. In very often cases school children, living near the occupation lines are deprived by the Russian FSB Forces of their right to education and are not allowed to attend the classes. In addition, they are restricted to receive education in the native language in Abkhazia and the local population is coerced to teach and be taught in Russian language, 28' For years, the Georgian authorities have been advocating the involvement of international organizations in the issue of the protection of human rights in the occupied regions of Georgia as well as significance of the access of intemational human rights monitoring mechanisms in these areas. The occupying power. exercising eff'ective control. continues to prevent numerous international organizations, including humanitarian, fiom entering those territories. II Data 29.The Secretariat of the Inter-agency Council on Combating Trafficking in Human Beings (THB) which operates under the Ministry of Justice of Georgia integrated the existing data into the single database which consists of the following sections: l) Information on alleged perpetrators (prosecuted persons and convicted traffickers) number. citizenship, age, sex tiom 2010 to 201 6 (october | 0. 201 6); 2) Infbrmation on the human traflicking cases - number of investigations, prosecutions, cases sent to the court and convictions segregated by forms of exploitation from 2010 to 2016 (October 10,2016); 3) Information on THB (Trafficking in Human Beings) statutory victims (status granted by the law enfbrcement under Criminal Procedure Code of'Ceorgia) citizenship, sex, age, type of exploitation, country where the person was exploited, the type of service provided fiom the State Fund (legal consultation, court representation, medical service, psychological assistance, shelter, compensation) from 2010 to 2016 (october 10, 2016); 4) Information on THB victims (status granted by the permanent group under inter-agency council. when the person does not \\,ant to cooperate with the law enforcement) citizenship, sex, age, type of exploitation. country where the person was exploited, the type of service provided from the State Fund (legal consultation, court representation, medical service, psychological assistance, shelter, compensation) from 2010 to 2016 (October I 0, 2016); 6 5) Police Cooperation and cooperation within the framework of mutual legal assistance on criminal matters - statistics segregated by number and countries of incoming and outgoing MLA (Mutual Legal Assistance) and extradition requests, statistics segregated in number, countries and fbrm of exploitation of outgoing police cooperation requests in 2010-2016 (October 10, 2016); a) The number of child victims of trafficking Year citizenship sex Age Form of exploitation 2013 i Georgia , female sexual *--iill 2014 Destination country of exploitation 12 j Georgia Kirgizstan female Sexual 17 Georgia Georgia female buying and selling of minor infant Georgia Georgia female buying and selling of minor infant Georgia 2015 b) The number of Police Cooperation on Human -frafflcking Year l COuntw cases Number Labor exploitation Turkey Sexual exploitation Turkey Labor exploitation Turkey Sexud expbtta● on Turkey Labor exploitation I Turkey Sexual exploitation i 2 Moklova Sexual exploitation I Turkey Labor exploitation １ i Turkey 2016 Labor exploitation ５ 12014 l 1 l l 1 1 7 c) Number of Mutual Legal assistance (MLA) and extraditions on trafficking cases In 2013 - 4 MLA requests were submitted from Israel (both incoming and outgoing) and rurkey (outgoing) and I person was extradited to Turkey (incoming); In 2014 - 5 MLA requests came from Turkey and Uzbekistan and 2 extradition motions fiom Turkey and the Netherlands; In 2015 - 8 MLA requests came from Turkey, Azerbaijan and Uzbekistan and r extradition request from Moldova; In 2016 - 8 MLA requests were submitted from Turkey out of which 2 are pending and 6 are finished and 2 MLA requests were sent from Georgia to Latvia (finished) and to Turkey (pending). There was not extradition cases as of October 2016. Shelter for victims of human traffickine in Tbilisi Beneficiary - t'emale, I 2-year. Ceorgian, citizen of Georgia. minor victim of sexual exploitation (Nature ofotfence-child pornographl - photographs and video rvere spread in the Internet sites. naked contract). The minor victim was placed at the shelter of the State Fund lbr the purpose of protection, assistance and rehabilitation. She lived there for 9 months and received the fbllowing services: Psychological assistance: private consultation and rehabilitation. Leqal assistance: a psychologist of the shelter was involved in the investigation process. In addition, the state fund prepared all the documents necessary for assigning a guardian. Medical assistance: the health condition of the minor was identified; the medical needs and medicines were provided to her. Assistance in social problems solution: after leaving the shelter the minor was transf'erred to the guardian's place. The state fund helped her to get non-formal education in shelter which assisted her to enter school at the appropriate stage class. Beneficiary has been provided with compensation. According to the current legislation on child adoption and foster care, intermediary is not involved in the adoption process. Infbrmational center ol the Ministry of internal Aflairs registers statistical data of the crimes. launched investigations and consequences ofl the investi gations. Statistical infbrmation regarding the human trallicking cases are registered tbllowing to next criteria: Date and location of the crime; Form of Exploitation: . Sex, age, citizenship ofpotential victim (s)istatutory victim(s); . Sex, age, citizenship ofalleged perpetrator(s); o Infbrmation on Police Cooperation including requests and replies, segregated by number and countries of incoming and outgoing police cooperation requests. MIA sent abovementioned information to the Secretariat of the Inter-agency Council on Combating Trafficking in Human Beings (THB) which operates under the Ministry of Justice of Georgia and is responsible to collect data from relevant ministries and integrate existing data into the single database. III. General Measures of Implementation Legislative measures 30, Article l4'h ofthe Constitution olGeorgia guarantees basic human rights and tieedoms. According to Article l4 ofthe Constitution Everyone is free by birth and is equal before law regardless ofrace, color, language, sex, religion, political and other opinions, national, ethnic and social belonging, origin, property and title, place of residence. 31. ln this respect, important legislature is the Criminal Code of Georgia. [ts Anicles l7 ] and 253 directly address the issue, and impose criminal responsibility on individuals or group of individuals lbr the sale ofchildren, child prostitution and child pomography: Article l43l- Human trafficking l Purchase or sale of human beings, or any unlawl'ul transactions in relation to them, by means of threat, use of tbrce or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, as well as recruitment, carriage, concealing, hiring, transporting, providing, harboring or receiving of a human being lor exploitation, - shall be punished by imprisonment for a term of seven to twelve years, with deprivation ofthe right to hold an oflficial position or to carry out a particular activity lor up to three years. 2. The same act committed: a) by the offender knowingly to a pregnant women; b) knowingly by the offender against a helpless person or a person who financially or otherw ise depends on the offender; c) by abusing the official position. - shall be punished by imprisonment for a term of nine to fbuneen years. with deprivation of the right to hord an official position or to carry out a particular activity for up to three years. 3. The same act committed: a) repeatedly: b) against two or more persons; c) by taking the victim abroad; d) using violence or threat ofviolence which is dangerous lor Iife or health, shall be punished by imprisonment lbr a term of l2 to l5 years, with deprivation ofthe right to hold an oflicial position or to carry out a particular activity for up to three years. 4. The act provided for by paragraphs I , 2 or 3 of this article: a) committed by an organised group; b) caused the death olthe victim or resulted in other grave consequences, shall be punished by imprisonment ior a term ol l5 to 20 years, with deprivation ofthe right to hold an official position or to carry out a particular activity for up to three years. Note: l. For the purposes ol this article and Article l43r of this code. the lbllowins shall constitute exploitation lor the purpose of gaining material or orher benefit: a) inducing a person to perfbrm labour or other services; b) inducing a person to provide sexual services; c) engaging a person in criminal activities, prostitution, pornographic or other antisocial activities; d) removing. transplanting or otheru,ise using an organ. part of an organ or tissue ol'the hum an body by fbrce or deception; e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modem-day slavery shall mean creation of such conditions when the person performs certain work or renders services in f'avour ol another person in retum for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because ol his/her dependence on that person. Dependence on a person may be caused by, among other things: e.a) confiscation, control or intentional unlawf'ul handling of personal identification docume e.b) restriction ofthe right to lree movement or control of free movement; e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons: e.d) creation of coercive or threatening environment. I For the purposes of this article and Article l432,it does not matter whether a person consents to his/her pre-cletermined exploitation. 10 1. For the acts provided for by this article, a legal person shall be punished by deprivation ofthe right to carry out activities or with liquidation and a flne. Article 1432 - Child trafficking 1. Purchase or sale ofchildren, or other unlawful transactions in relation to them, as well as their recruitment, carriage, concealment, hiring, transportation, provision, harbouring or reception for exploitation, - shall be punished by imprisonment for eight to twelve years, with deprivation ol' the right to hold an ofhcial. position or to carry out a particular activity lor up ro three years. z. I ne same act commttted: a) by the olfender knowingly to a pregnant woment b) knowingly by the oflender against a helpless person or a person who tinancially or otherw ise depends on the offender; c) by abusing the official position, - shall be punished by imprisonment for a term of I I to l5 years, with deprivation of the right to hold an otficial position or to carry out a particular activity lbr up to three years. 3. The same act committed: a) repeatedly; b) using coercion, blackmail or deception; c) against two or more children; d1 b1 taking the r ictim abroad: e) using violence or threar ol' violence dangerous fbr lif'e or heaith, - shall be punished by imprisonment for a term of 14 to I 7 years, with deprivation of the right to hold an ofrcial position or to carry out a particular activity for up to three years. 4. The act provided lor by paragraphs l. 2 or 3 of this afticle: a) committed bv an organised group; b) causing the death of the victim or other grave consequences, - shall be punished by imprisonment for a term of l7 to 20 years, with deprivation of the right to hold an official position or to cany out a particular activity lor up to three years or with lile imprisonment. Note: For the acts provided lor by this anicle.. a legal person shall be punished by depriration of the nght to carry out activiries or with liquidation and d fine. 2 For the act defined in this article, a legal person shall be punished by a fine, with deprivation ofthe right to carry out a particular activity or by liquidation and a fine. Article 253 - Engagement in prostitution l. Engagement in prostitution using violence. threat olviolence or ol destruction of property, blackmail or deception, -shall be punished by a line or imprisonment fbr up to r\,.o vears. 2. The same act committed by an organized group or knowingly against minors, or acquiring benefit from the engagement ofa minor into prostitution, -shall be punished by imprisonment for a term of five to seven years. Note: For the act specified in this anicle, a legal person shall be punished by deprivation of the right to carry out a particular activity or by liquidation and a fine. Law ofGeorgia No 458 of 30,lune 2000 - LHG I, No 27, 17.7.2003. Art.83 Law No 1728 of ll December 2013 of Georgiaweb-site 25.12.201 3 Article 255 - Illegal making or sale of a pornographic work or other items 1. Illegal making, dissemination or advertisement of pornographic works, printed publications, images or similar items. as *ell as trade in or storage of'these items fbr marketing or dissemination purposes, - shall be punished by a fine or corrective labour for up to two years or by imprisonment for the same term. 2. Knowingly purchasing, storing, attending the demonstration of, offering, disseminating, transferring, advertising, providing access to or using pornographic rvork containing images ol minors, - shall be punished by a fine or corrective labour lbr up to two years and/or by imprisonment of or up three years. 3 Knowingly making or selling pornographic work containing images of minors, - shall be punished by imprisonment for a term ofthree to flve vears. Note: A pornographic work containing images of minors shall mean a visual or audio-visual material produced by any method, also a staged performance which, using various means, depicts the panicipation of minors or olcharacters with the appearance ofa minor in the actual. simulated or computer generated sexual scenes or displays genitalia of a minor for the gratification ol a consumer's sexual needs. A work shall not be considered to be pornography if it has medical, scientific, educational or artistic value. 12 Article l7l -Engagement of minors into anti-social activities I' Persuading minors to get involved in beggary or other anti-social activities, -shall be punished by community service from l7o to 240 hours or with corrective labor for up to two yea.s o, *ith imprisonment for up to two years. 2. [nvolving minors into the abuse of intoxicating drugs or medications, -shall be punished by restriction ol liberty for up to three years or with imprisonment fbr up to three years. 3. Engaging minors in prostitution using viorence, threat of violence or by deceit, -shall be punished by imprisonment for a term of two to five years. Note: For the acts specified in this article a legal person shall be punished by deprivation of the right to carry out a particular activity or with liquidation and a fine. Law ofGeorgia No 2458 of 20.Iune 2003 - LHG I, No 21. t5.7.2003.Arr. t49 Law ofGeorgia No 2937 of28 April 2006 - LHG I, No ll, t5.5.2006. Arr. 90 Law of Georgia No 1728 of 1l December20t3-web-site,25.12.2013 Further relevant Articles from the Criminal Code are: Article 125 - Battery L Battery or other vlolence that has caused the victim physical pain, but has not incurred the consequences provided for by Article 120 of this code, - shall be punished by a fine or community service from 120 to I 80 hours or with corrective la bour for up to I 5 months. 2. The same act committed knowingly against a minor, - shall be punished by a fine or corrective labour f'rom l5 to 24 months. or with imprisonment lor up to a year. Article 126 - Violence 2. Regular beating or other violence that has caused the victim physical or mental pains, but did not entail the consequence provided for by Articles ll7 or llg of this code,- shall be punished by restriction of liberty fbr up to two years or with imprisonment lbr a ter m ol.one to three years. 3. The same act committed: a) against two or more persons: b) knowingly by the offender against a pregnant woman; c) in relation to the official duties ofthe victim or his/her close relative: d) knowingly by the offender against a helpless person or a person who depends on materially or otherwise; e) fbr hostage taking purposes; the offen der f) by contract; g) due to racial, religious, national or ethnic intolerance; h) by abusing the official position: i) repeatedly; j) against a minor's family member in the presence of the minor; k) by more than one person; l) using a weapon, - shall be punished by imprisonment for a term of four to six years, with or without deprivation of the right to hold an office or carry out a particular activity lor up to three years. Article 137 - Rape 1. Rape, a sexual intercourse by use of violence, threat of violence or abusing the victim's hel pless condition, shall be punished by imprisonment for a term of six to eight years. 2. The same act: a) committed by abusing one's official position; b) causing serious bodily injury or other grave consequences, - shall be punished by imprisonment for a term of eight to ten years. 3. The same act committed: a) repeatedly; b) by a person who has previously committed any of the crimes provided for by Articles l3g140 of this Code; c) by more than one person; d) knowingly by the offender against a pregnant woman or a minor, - shall be punished by impfisonment for a term of ten to thirteen years. 4. The same act: a) committed asainst the victim person with particular cruelty; ---'--- or -' any -"J other b) that has caustd deaih; c) committed against a person who has not attained the age of I4 years, - shall be punished by imprisonment for a term of l5 to 20 years. Article 138 - Violent act of sexual nature 1' Homosexuality, lesbianism or other sexual intercourse in perverted fbrm committed using violence, threat of violence or the victim's helpless state, shall be punished by imprisonment for a term of six to eight years. 2. The same act: a) committed by abusing one's olficial position; b) causing serious bodily injury or other grave consequences, - shall be punished by 14 imprisonment fbr a term of eight to ten years. 3. The same act committed: a) repeatedly; b) by a person who has previously committed any of the crimes provided for by this article of by Articles 139- l4l olthis Code: c) by more than once person; d) knowingly by the offender against a pregnant woman or a minor, - shall be punished by imprisonment for a term often to thirteen years. 4. The same act: a) committed against the victim or any other person with particular cruelty: b) that has caused deathi c) committed against a person who has not attained the age of l4 years, - shall be punished by imprisonment tbr a term ol I 5 to 20 years; Article 140 - Sexual intercourse or any other act ofsexual nature with a person who has not attained the age of l6 years Sexual intercourse, homosexual or lesbian or other sexual intercourse in a perverted form committed knowingly by an adult offender against a person who has not attained the age of l6 years, - shall be punished by imprisonment fbr a term ofseven to nine years. Article l4l - Lewd acts Lewd acts committed without violence and knouingll by the offender u,ith a person who ha s not anained thc age of l6 1ears. shall be punished by imprisonment for a term offive to seven years. Article 143 - Unlawful imprisonment 1. Unlawful imprisonment shall be punished by imprisonment lor a term of two to lour years. 2. The same act committed: a) by taking the victim abroad; b) against of'ficial lbreign representatives or persons subject to international legal protection; c) fbr the purpose of concealing or facilitating any orher the crime, - shall be punished by imprisonment lor a term of four to seven years. 3. The same act committed: a) with a prior agreement by a group; b) repeatedly: c) against t\ o or more persons: d) knowingly by the offender against a pregnant woman, a minor or a helpless person; e) using violence or threat of violence dangerous for life or health, - shall be punished by imprisonment for a term ofseven to ten years. a) committed by an organised group: b) caused the death ofthe victim or resulted in other grave consequences, - shall be punished by imprisonment for a term of eight to twelve years. other related legislature includes the Juvenile Justice code adopted in June 2015 by the Parliament ol Ceorgia and the Larv ol Ceorgia on Elimination of'All Forms of Discrimination adopted in 2014. Interagency Council on Combating Trafficking in Human Beings (THB Council) 32 -fhe Government ol'Ceorgia prioritizes and pays panicular attention to combat child trafficking, sexual abuse and sexual exploitation. The Government of'Georgia acknowledges that combating human tralficking, including child sexual exploitation requires concerted interagency policy to properly implement the law. In this respect, it has adopted action planss to effectively address the issues- 33. In this context, lnteragency Council on Combating Tralficking in Human Beings (1 HB Council) set up in 2006 remains to play crucial part in carrying out substantial measures and coordinating interagency policy to combat THB. 34.'l'he Interagency Council is chaired b1'the Ministerof Justice and comprises olthe representatives fiom all relevant line ministries and agencies (Ministry of internal Aftairs, Chief. prosecutor's Office, Ministry of Foreign Affairs, Ministry of Labor, Health and Social Aff'airs, Ministry of Economy and Sustainable Development, Ministry of Education and Science, State Ministry on Diaspora Issues, Parliamentary Secretary of Government of Georgia, LEPL State Fund for the Protection and Assistance of (statutory) Victims of Tralficking and Public Defender's Office). lrumhermore. NGOs and international organizations. as uell as the representative liom the US Embassy to Georgia, are actively involved in the work ofthe Council. 35. The THB Council is responsible for the development of proposals on the issues of human trafficking, coordination between the governmental agencies working on THB issues and cooperation with NGOs and international organizations. r Human Rights National Action PIan (2014-2015), resolution Ns445; Draft Human Rights Action pla n (2016-2017). 16 Moreover. the Council is also responsible fbr the elaboration and promotion of implementation of National Action Plan (NAP) on Combating Human Trafficking, which is locused on five pillars: Prevention, Protection, prosecution, capacity building of professionars dealing with rHB (l rafficking in Human Beings) issues and Partnership. The 2015-2016 NAp ensures special protective measures fbr the child victims of human traificking. Currently, the new NAp tbr 20172018 is being elaborated by the Council. For the monitoring olthe implementation process ofthe NAP the Secretariat of the THB Council (the Public Intemational Law Department of the Ministry of Justice) regularly requests submission of information from relevant agencies regarding the implementation ofthe action plan. Based on obtained information annual reports are prepared and d issem inated. 36' The THB Council also pays particular attention to the cooperation with local and international NGos in order to combat trafficking in human beings. Civil society sector is actively involved in the working process of the thematic Working Groups (WGs) of THB Council. For example, different NGOs, including regional organizations, were invited in the working process of WCs on legal issues and WC on information strategy and Action PIan. Their comments and f.eedback were reflected in the elaborated documents. 37. Furthermore, in order to strengthen cooperation with local NCOs and implement effective inlormation campaign, the Ministry of Justice has issued 5 grants for civil society organizations since 201 2. The grant projects were mainly of educational character aiming at awareness raising of the local communities on the nature of human trafficking, related threats and mechanisms to combat t'IiB. 38. One ol the main functions ol the Diplomatic M issions/Consu lar Posts of Ceorgia is assistance and protection ol'the victims of the human-trafficking which, in particular, includes assistance in saf'e return of the victims to Georgia, providing them with the necessary documentation (incl. Travel Document for Retum to Ceorgia), as well as, in case of necessity, cooperation with relevant authorities of the host country to provide victims with temporary asylum. The Ministry of Foreign Af'fairs of ceorgia is a member of the Interagency Council on combating Trafficking in Human beings. Inter Agency Council/Human Rights Strategy and Action plan 39. The policy olthe Government on human rights including on child's rights is well reflected in the recently adopted National Human Rights Strategy and its Acrion Plan. ihe Narional Human Rights Strategy (2014-2020) was adopted bi rhe parliamcnt ol'(ieorgia in March 2014. .l.he Strategy describes the main challenges in the field of respect lbr human rights; defines the process ol the implementation of strategic goals; and defines guidelines tbr the coordination oi this process, including its evaluation mechanisms. The Action Plan of the Govemmenl of Georgia on the Protection of Human Rights (201 4-20 I 5) for the implementation of the National Human Rights Strategy was adopted in June 2014. The Action Plan ii designed to set out detailed commitments of ceorgian authorities in order to imprement the strategv in the years 20 r4-20 r 5. The Strategy and its Action plan were developed with wider engagement ol non-governmental and international organizations, experts, and scholars. The Inter-agenry Council esta-blished under the Government and chaired by the Prime Minister monitors the process of implementing the Action Plan. The Council has nine working groups on the level of deputy ministers and heads of department, focusing on different chapter of the Action Plan. The nine inier-council working groups unite and cover all 23 chapters of the Action Plan. As an additional guarantee for the eflective implementation of the Action Plan, the Human Rights Secretariat, resp-onsible lor the productive Inter-Agency coordination and close monitoring olthe execution ofthe Action plan. was created in the Administration of the Prime Minister's Olfice. 40. The updates on its implementation are regularly presented to the civil society organizations. On 6 July 2015, the very first progress report on the implementation ofthe government; action plan was presented to the Parliament. 41. In 2016 the Covernment of Georgia adopted the Draft Human Rights Action plan lbr 2016-2017. It is noteworthy that HRAP for 2016-2017 includes chapter on the protection of the child rights: strenglhening the system of prolection and assistance for children; improvement of services for vulnerable children; eradication of child poverty etc. Police academ), 42.Fighl against trafficking in persons is one olthe topics in the curriculum of the Police Academy at the Ministry of Internal Alfairs ol Georgia. During the basic training, prospective policemen acquire skills for victim identification, conducting interviews or other procedural actions with them considering psychological sensitivities ol traflicking victims, local and international legal instruments on combating trafficking, etc. Along with this, the staff of law enfbrcement agencies regularly participates in different trainings organized under the auspices of various intemational and local non-govemmental organizations. l-1. The students have access to the internet and are able to download every lecture as well as training materials via the Academy website in order to receive fullest possible information on lectures they did not attend for various reasons as well as for rehearsal purposes. J/. Ministry of internal Al't'airs closely cooperates with the non-govern mental and international organizations and due to the fruitful cooperalion implements the joint projects on TIp issues. As a result of such cooperation with International Organization on Migration (lOM), several trainings, study visits and seminars have been conducted for Georgian law enforcers. The trainings purpose is to deliver deep knowledge to the investigators on legal and operational level. The trainings with the involvement ofthe international expens are focused on the sharing of'the best practice of fbreign countries on combating TtP and also on acknowledgment ol'the new rrends of'the crime. 18 Ji. To strengthen knowledge and qualilication ofthe law enforcers in the spare ofTIP, special guideline and SOP have been elaborated and adopted: Guidelines 46. In order to increase eff'ectiveness of law enlorcement olficers in identification and investigation of THB cases, Working Group composed of prosecutors, investigators and representatives ol the secretariat of the Inter-Agency Council on Combating THB elaborated guidelines. The guidelines focus on the lollowing issues: t legal aspects of trafficking, including the definition of means, actions and purpose of trafficking; . trafficking related articles olthe Criminal Code of Georgia; o standards ofTHB investigation: compulsory. comprehensive and eff'ective investigation; o standards ofthe interrogation of THB victims, includ ing j uveniles; o Evidentiarystandard. 17. According to the Cuideline for the Law Enforcements on the Investigation and Prosecution of Trafficking Cases and Treatment with Victims and Statutory Victims of Trafllcking in Persons, that was adopted by THB Council on February 12.2014, the law enforcement must take special measures while interrogating the minors, in order to provide best protection to the child and to take into account their vulnerabilitv. 48. Trainings and Other Activities J9. The employees ol the Prosecutor's Office are actively involved in studies concerning child tralficking and child pornography issues. 50. ln 2014, in total 26 employees of the Prosecutor's Office were trained on Child trafficking and Pornography issues. Activities were organized by the US Embassy in Ceorgia and Intemational Organization for Mi gration. 5/. In 2015, 26 employees took part in learning activities on the aforementioned issues. The events were organized by the EU. Herewith, I study visit was conducted on trafficking with participation of 6 employees of the Prosecutor's Olfice. 52. ln 2016, 36 employees were trained with suppo( of the US Embassy in Georgia on traffickingrelated issues. 5J. Herewith, on July 30, 2016. regarding World Day against Trafficking in Persons. meeting with Khelvachauri District (Adjara Region) population (approx. 40 persons) was organized by the 19 Prosecutor's Office and the Ministry of Internal Affairs within the framework of Local Council,s project. Representatives of the mentioned agencies delivered detailed information on Traflicking issues' Mentioned activity is especially important as the said crime is mainly widespread in their region. SOPs 54. The special measures are prescribed in the Special Operative Procedures of proactive investigation, to be undertaken by the investigators and operatives while interviewing possible minor THB victim, they are recommended to take into accountthe specific conditions relevant for identification of child victims. The document was assessed by the US expert, also expertise was provided by the International Organization for Migration. The expert provided valuable comments and recommendation to the documents in order to guarantee its compliance with international best practices. The major part of recommendation was incorporated and the final draft was approved by the Minister of Internal Affairs of Georgia in 2015, e) Beside the abovementioned implemented measures, MIA takes steps to enhance international cooperation in order to proactively collect and evaluate inlbrmation regarding child sexual abuse and violence. In this regard, in December of 2012 the Covernment of Georgia signed the declaration on Global Alliance against child sexual abuse online, initiated by EU and supported by the USA State Department of Justice. In February 2014, Mutual Agreement w'as signed between National INTERPOL Bureau and the National center for Missing and Exploited children (NCMEC). NCMEC is subordinated to US Congress and constitutes the national resource center and infbrmation bank regarding the missing and exploited children. Based on this, internal standards of the Ministry of Internal Affairs of Georgia were adopted, and MIA has access to database of sexually exploited children, which are elaborated by the Division of Exploited Children. Adjara Region was identified as one of the main risk areas for THB. For the purpose of enhancing efforts for proactive investigation and identification of victims, on Febru ary 27,2014, Memorandum of Understanding was signed between the Ministry of Internal Affairs, the Office of the Chief Prosecutor and the International Organization for Migration on the principles of cooperation in the area of capacity building of the law enforcement agencies in combating THB. The signatories to this memorandum will do their best to tackle trafficking in persons in an effective, active, united and coordinated manner. On the base of the memorandum, Task Force has been established in Adjara region. The Task Force, consisting of 12 members 7 acting investigators and 5 prosecutors, willjointly reveal trafficking incidents primarily focused on the Adjara (high risk area located at the Turkish border). 20 IV. Prevention and Raising Awareness (art,9, paras, I and 2) Awareness Raisinq one of the main priorities ol the Ministry of. Education and Science ol Georgia (MoES) is to keep schoolchildren inlormed on the prevention of any tbrm of violence, teaching about human rights and formation of legal culture . In order to raise awareness of pupils on human rights, the following school contests are organized on a regular basis ,,Step to Empathy,,,,,we protect our peers", "Europe in my Lens",,.young Human Rights Defenders,',. During these contests schoolchildren express their own vision and attitude towards the issues ol' human rights protection, gender equality, fighting any form of violence, including traf'ficking, risks emanating from early marriages, and etc. To raise schoolchildren's civil consciousness on human rights, the MoES carries out the tbllowing projects together with the other agencies: "The programme of civic Education .,, .'The programme of legal education in ceorgia", "on Children's' Rights" (various Ncos), and etc. Civil education clubs are functioning in over 1000 schools Where schoolchildren discuss the issues ofChildren's rights, ways offighting violence, and etc. Parents have special role in the process olcombating violence and aggression against children. within the "Parents Education and Engagement programme', electronic guide is under development by the MoES. The mentioned guide aims at raising parents' awareness on all lorms ofviolence, including early marriage prevention, and etc. one ofthe strategic directions ofthe "parents Education and Engagement Subprogramme,, is to inform parents of the risks emanating fiom early marriages in the Iegal, as welt as hcalthcare direction. Within the program, meetings/public lecrures are regularly held with the parents living in the regions of Georgia with the highest rates of early marriages. Issues of early mariages, as well as problems emanating from them and its negative consequences are discussed at the meetings. As regards institutions ofvocational education, below are provided activities implemented in the course of 2015 and 2016 with the support of diverse intemational organizations, aiming at infbrming students about threats of Trafficking in Human Beings (THB) and preventive measures, early marriage, healthy lilestyle: Trainings were held by the stafr of prosecutor's office of Adjara at LEPL public college ,,New wave" in the spring and December 2015. They aimed at discussing issues directed against trafficking and raising awareness in this regard. This kind ol activities are held in the college periodically, involving vocational students and various non-govemmental organizations. Infbrmation meeting "More cooperation to suppon protected borders and sal'e migration,'was held tbr the students of LEPL Public College "Gldani Vocational Training Center,' on the issues つι of studying abroad and legal employment. The meeting was held in the fiamework of the EUtirnded project. Intemational Organization for Migration -lOM organized the meeting. On March ll,20l5 on the initiative of IOM Telavi branch a lecture-"LaborTrafficking" was delivered in non-commercial legal entity - Vocational College "Prestige", with the aim of raising awareness among the students. Trainings were held for the students of LEPL Vocational College "Lakada" on the topics "Trafficking" and "Prevention of Trafficking" from June 2015. A forum theater was held in the framework of the project. Participants were given an opportunity to play various roles. Film shows and discussions were held, so the students had a chance to express their views. On the occasion to mark Human Trafficking Awareness Day, information meeting aimed to raise awareness among VET students regarding trafficking issues was held on the 3Oth of July,20l5 at LEPL Vocational College "Pazisi". It was led by Mr. Givi Zhvania, a teacher of Vocational College "Pazisi", who is a trainer on the same issues at IOM. The meeting was of interactive character, involving dialogue, questions and answers. A public lecture on trafficking and its prevention was held on 10.05.2016 at the Vocational College "Prestige". It was organized by ,,Bemoni Public Union" Telavi Branch Director David Ghonghadze. A public lecture "Trafficking - a global problem". organized by NGO "Women Entrepreneurs Fund" was held at LEPL Community College "lberia" on 17.05.2016. A public lecture "Live without violence" --on prevention of early marriage, trafficking, their harmful consequences (types of violence, mechanisms for protection of victims of violence, psychotypes of a violator) was held at LEPL Vocational College "Pazisi" on 17.03.2016. It was organized by NGO "Migration Centre". The project was funded within the frames ol'a grant programme by the Ministry of Justice of Georgia - "Raising public awareness with the view of preventing violence against women". A public lecture was held at the above-mentioned LEPL Vocational College "Pazisi" on 04.04.2016, organized by Poti branch of LEPL Center for Crime Prevention under the Ministry of Justice of Georgia. It was related to raising awareness among minors on harmful consequences of crime, raising civil and legal awareness with the view of early crime prevention and popularization of a healthy lifestyle. Teacher Professional Traininss: In compliance with the overarching strategic policy of the Ministry of Education and Science of Georgia, all trainings devoted to school administration, teachers, must include either a separate module or crosscutting themes on civic education, issues on elimination of all forms of violence, discrimination, human trafficking, protection of children's rights and etc. 22 2-day training cycle "Teaching citizenship through the documentary films,, was held jointly by the Ministry's National center for Teacher professional Development (TpDC) and the organization "People in Need''. out of'l6.4lllms tackled various issues, including child trafficking. At the end of each film participants discussed and analyzed the main ideas of the films. They were aware of the impact of using documentary film as a teaching methodology on teaching/learning process. overall, 480 teachers undertook the training in 2014. Civic Education training module "Civic Education Teaching Methods" was provided lor l9 civic education teachers by TPDC in December 20r5. The issue ofearly/fbrced marriage, along with the issues of domestic violence, violence against women, gender education at school. children violence, etc. was integrated within the above mentioned module. TpDC regularly arranges trainings aimed at improving professional skills and competences of teachers envisaging the above-mentioned issues. Training module "civic education teaching methodologies fo, norceorgian school teachers" was developed in 2015 and is in the process of translation in Armenian, Azerbaijani and Russian languages. Trainings have not yet been implemented. ln December 201 5, within the framework of the joint project of LEpL National center tbr Teacher Prof'essional Development, the European Union and the council ol Europe entitled "Promoting Human Rights Education and Democratic Citizenship in the Eastern partnership countries", 4-day trainings were organized with a view to supporting representatives of the university and school communities to develop teaching compelences about democratic citizenship and human rights education. Awareness raising of professionals about early marriages: In this direction. 2 experts of the TPDC are involved in a group, *hich is jointly with the UNFpA working on 'r'orking developmenr of cross-curting standard "on reproductive health and healthy lif'estyle,'. The standard has been developed and is expected to be adopted in 2016. one of the topics of the given standard deals with negative sides and prevention ofearly marriages. TPDC is currently working on the training module for civic education teachers - ,,prevention of Traf'ficking".'l'he module will incorporate children trafflcking related issues. Under the fiame of Leadership Academy l, ll module: ,,Effective Director f'rom Theory to Practice" was developed. The module incorporates the issues on understanding the concept of discrimination and the conventionon on the Rights of the child. The module is created tbr school principals. lT00school principarstookpa(inthetraininginAugust20r6 It is notable that the beneficiaries ol large residential insritutions (orphanages) and alternative child care services (small group homes) are periodically trained about the rights of the child that help them have proper inlormation on all rights considered in the convention. The trainings are organized based on the agreements and consurtations of the Ministry of Labour, Hearth and Social Aftairs ol Georgia with international and local non-governmenr organizations. The trainings imply teaching the rights ofthe Convention on the Rights ofthe Child or trainings about particular rights determined by the convention, such as: violence/negligence, traflficking, expression ofopinions and so on. Trainings help children and adults to better understand their rights and duties. It is impoftant to note that such trainings support children in realizing their own rights properly. International organizations held the fbllowing trainings: with ,,world Vision,' J5-lg-year-old beneficiaries of l7 orphanages were conducted trainings on trafficking and violence in 200g- 20t3. By sponsorship of UN Population Fund and the organization ICCN a training was held in 200g2013 on the fbllowing rheme: ,,overcome cender violence in Georgia" - fbr the children of 3 large residential institution; by support of Alternatives to Violence Project trainings were held about violence for the beneficiaries of 2 orphanages in 2008-2013. Association ,,Tanadgoma" held a training in 2008-2013 lor adults on the theme ,,Health issues in the child care reform." The number olparticipants was 66 at the above-mentioned training. Trainings about the particular rights considered by the Convention on the Rights of the Child are of highest importance. ,,The child care standards," ,,action plans against trafficking," ,,measures to be implemented against violence in family" consider realization of abovementioned measures and providing involved parties with proper information in respect of awareness raising. State program for social rehabilitation and child care includes sub-program to provide shelter to children and youth living and/or working on rhe streets. Program includes operation ol lbur mobile street teams comprised of a social worker, a psychologist, and a peer educator (a child previously living and working on the streets), who serves as a mentor, who makes initial contact with children on the streets and directs them to the program's services. Program also f'unds six day care centers and lbur 24-hour shelters, that prepare children to reintegration into biological families or altemative fbmily type care. Current services ofthe sub-program to provide ',homeless,, children with shelter, as ofJune 20t6: - I l5 beneflciaries were in day care centers. each month 96 beneflciaries uses this service: - 37 beneficiaries were in shelters, during the month 34 beneficiaries; - hotline service received 73 calls, from wich 24 were transferred to I 12 service. The mobile groups responded to 46 phone calls. Only in 3 cases the mobile groups couldn,t respond. From 2014 until now: l4 beneficiaries were moved to small group homes flrom shelter; l6 beneficiaries were moved to foster care from shelter; l0 children were reintegrated; 90 beneficiaries and their lamily members received support in obtaining documentation; 24 - 38 beneficiaries' families involved in emergency assistance subprogram lbr lamilies with children in crisis situations : - 56 beneficiaries enrolled in school. Government of Georgia considers public awareness raising campaigns on human trafficking as one ofl the essential preventing measures. For the effective implementation of the preventive measures, on February 12, 2014 THB Council approved Common lnformation Strategy on combating traflicking with specially identitled vulnerable rarger groups! regions and means of implementation. lt should be underlined that such information strategy and action plan is quite unique in the region. The priorities, target audiences and key messages were developed at working level meetings among the line ministries and relevant NGOs. Particular attention is paid to the awareness-raising of children and youngsters about the threats ofall types ot'exploitation in order to prevent'fFlB (Tratiicking in Human Beings) against them. The Government of Ceorgia prioritizes prevention of trafficking, including sexual exploitation, through enhancement of education in secondary and high schools. [n this regard issues related to sexual and labor exploitation is widely covered by the national curriculum for 20ll-2016 years. Issues related to human trafficking are included subject of social sciences - Civic Education and History. Additionally, in 2014 and 2015 various educational activities (trainings, public lectures, moot court competitions, round tables, information meetings, summer schools, movie shows and discussions, etc.) were organized lor school pupils, teachers and students, various infbrmation leaflets, flyers and brochures were widely disseminated among minors and teenagers to infbrm them about the threats of sexual exploitation, the ways how to prevent the crime and to whom they should apply in case ofany type ofviolence against them. On 30 July 2016, marking the World Day against Trafficking in Persons, in 25 Community centers across ceorgia, trainings on the prevention of trafficking were held, covering in total 125 participants. 1he trainings \\ere open to any person interested in the issue. Special infbrmation leaflets were distributed amongst the participants. For effective implementation of preventive measures of the National Action plan (NAp) on combating Human Trafficking in particular, to raise public awareness on dangers of human trafficking and to provide appropriate training to relevant officials, the Ministry of Foreign AlTairs ol'Ceorgia takes lollouing measures: - Distributes the booklets regarding trafficking, illegal migration and basic human rights; With the financial support of the Representative of Intemational Organization of Migration in Georgia informational booklets are being published ("advices for the travellers abroad"). The booklets include information on the consular assistance and dangers of human traf'ficking. 'l'hey are distributed on the border crossing points and at the Diplomatic Missions and Consular Posts of Georgia abroad also, among Ceorgian Diaspora organizations in the host country; ＥＪ To prevent human trafficking and to take appropriate anti-trafficking measures, the Ministry of Foreign Affairs of Georgia set up hotline. Contact information of this hotline is available on the website of the Ministry of Foreign Affairs of Georgia. Moreover, infbrmation regarding issues on human traf ficking, including contact details of international and non-governmental organizations dealing with trafficking issues in the country of residence is available on the website of the Ministry of Foreign Affairs of Georgia as well as, Georgia's Diplomatic Missions and Consular posts abroad. Meetings are held periodically in Tbilisi for Consular Officials of Georgia where human traflicking topics along u ith other issues are being discussed. 'I'ra|icking related topics are included in the compulsory preparation course fbr the consular officials before posting abroad. The role of local NGOs in awareness raising campaign is worth to be noted. As already mentioned above, each year the Ministry of Justice issues grants for civil society organizations in order to promote their engagement in awareness raising activities. Detailed information on the activities carried out for the purpose of raising awareness of the society in the essence of human trafficking crime and methods of combating it can be found in the Annex I of this repoft.- Article 35 of the Constitution of Georgia, adopted on 24 August 1995(Last amendment made 27.12'06) states that everyone shall have the right to receive education and the right to free choice of a form of Education. Special education in Georgia is regulated by the Law on "General Education" and National Curriculum for the years of 2Ol1-2016. It should be noted that in 2010, significant changes were introduced to both regulatory documents to provide quality education fbr persons with Special Education Needs in Ceorgia. Meaning of Special Education Needs, Inclusive Education, Individual Learning Plan, Multidisciplinary Team and a Special Teacher has been redefined in the Law of Georgia on General Education". The issues as follows: a process of providing Inclusive Education at schools, importance of availability of Individual Education Plan. integration of persons with Special Education Needs into learning process, an assessment of their academic progress were fully reflected in National Curriculum. In December 2013, the Parliament of Georgia ratified "the Convention on the right of people with Disability" and a formal confirmation the document got in2Ol4, March 13. In Z0l4,the decree #41 "Technical Regulation of Space Construction and Architectural Design for people with SpecialNeeds" was approved by the prime Minister of ceorgia. A Multidisciplinary Team made up of psychologists, special education reachers, speech therapists and occupational therapists was formed to support Inclusive Education. Its tasks include identification and assessment of students with special education needs (SEN) and support their integration into mainstream educational environment together with peers at schools, provision of assistance to classroom teacher in development and implementation of individual education programs lor students with SEN; 26 assessment of academic and social achievements of students with SEN, participating in the projects; provision of assistance to schools in implementing inclusive education projects. The multidisciplinary teams work in all municipalities of Georgia. According to the data, in 2013 3366 students with SEN were enrolled in an education process, while in 2014 there were 3898 students, in 2015 - 5268 and in 2016 there are 5752 students enrolled public schools of Georgia. In 2013, to back inclusive education and equal opportunities for the development of vocational education for persons with special needs in the system of vocational education, the Ministry of Education and Science of Georgia launched a project on Development of Inclusive Education in the System of Vocational Education and Training of Georgia with the support of the Covernment of Norway. ln 2015, adaptation to physical environment, based on the universal design principles, has been launched in 5 state vocational training schools out of 2l ones. According to the data for 2013-2015, 426 students with SEN were enrolled in the vocational education stage. In order to prevent the occurrences of Child & early marriages/forced marriages, activities are carried out as follows: student's awareness raising - a healthy lifestyle and demographic issues are incorporated in 2011-2016 National Curriculum in a number of subject areas, such as: Natural Sciences, Civic Education, Physical Education and Sport. Within the scopes of the National Curriculum for 201l-2016, themes of violence, as well as healthy lifestyle issues are considered as cross-cutting issues on each stage of general education and are accordingly reflected in approved textbooks developed on the basis of National Curriculum in 2012. National Curriculum of new generation (2017-2023) foresees to make greater focus on these issues; National Curriculum of primary education is already prepared and approved, including a standard and annual programs for the new subject of the social sciences "Me and society", which focuses on the mentioned issues more comprehensively at an early stage of learning (fiom III grade). The working process on 2017'2023 National Curriculum of lower secondary stage is finalized, principles of gender equality, prevention of violence and etc. are highlighted. In 2015, in the lramework of'the program "second Chance Education for Out of School Children in Georgia", the Ministry of Education and Science started ensuring children living and working in the streets with education component. On the basis of the program individual work is carried out with each beneficiary of the services provided under Social Service Agency. In 2016 within the frames of the program "Second Chance Education for Out of School children in Georgia", the Ministry of Education and Science implements: l. A special service - "Transit Educational Programme" within the services for homeless children at LEPL Social Service Agency. 27 The program aims at integrating homeless children (the so- called children living and working at streets) into fbrmal education space. At this stage it provides assistance to around g0 beneficiaries in enrolling in schools and vocational education institutions. Specialists also work at developing their academic, as well as cognitive and functional skills. 2. School Enhancement programme Under it trainings were provided for 150 public school teachers and school principals to improve their approaches and abilities to overcome dilficulties in interacting and working with the vulnerable children, including the so-ca[ed children riving and working at the streers. Information Campaign Parents ofthe classmates ofthe so-called children Iiving and working at the streets get to know children's f.undamental rights. They also get information on the difficulties created by the society fbr adolescents with bitter lif'e experiences. l he inlbrmation campaign has been planned overcome the stigma in society towards the so-called children living and working to at the streets. The programme "Second chance Education for out of School children in Georgia,, budget in 201 6 is I 37,007 GEL. To prevent the existing risks l'or the "vulnerable children". the programme,.Second clhance Education fbr Out of School Children in Georgia" works on: I . The creation ol a monitoring system for children left out of school in Georgia. In cooperation with Educational Management Information System (EMIS), a LEpL under rhe Ministry of Education and Science, it is planned to integrate new indicators related to remaining out of school into the base available in the inlbrmation system. 2. on the Action Plan of a national model for the programme .,Second chance Education,,. to integrate into formal education pupils and adolescents left out of it. MoES implements a program "social Inclusion" aiming to suppon integration of vulnerable groups into the fbrmal education. one of the fbcus groups and beneficiaries ol'the program are Roma children. The program offers children different kind ofsupport. within the program, in the regions populated with Roma are established clubs, where Roma children together with their Georgian peers are carrying out the activities as follows: reading in Georgian language, perlbrming spectacles, contests. As an outcome ofthe program. the number olchildren studying Georgian language has signilicantlr increased. as u.ell annualll grou,s Roma.s integration into education: il last year 88 Roma children attended school, this year their number is increased to 155. Besides these activities, active work is carried out with Roma children parents in order to persuade them send their children to school. Apart tiom involving Roma chirdren in the program or non-rormal education. the programme catching up with their school age' as well as their prolessional education. In 2016 fbr the purpose ofassisting an lg-year-old fbcuses on Roma children experiencing dif'ficulties in their studies 28 Roma adolescent (who enrolled in the 4th year, though due to clearly difterent age used to avoid going to school and attending lessons because as he said he felt uncomfortable) was registered beforehand and passed examinations in an externship form; he obtained a certificate for basic education of 9 years and was enrolled in a vocational college. During 8 months the adolescent is being trained for IT professional (the vocation was chosen according to his interest and will) and lives in a dormitory of a vocational college for free. As soon as he completes his studies, he will be assisted in finding a job. Apart from Roma children, in 2016 the focus groups and beneficiaries of the program are Muslim children (Kists, Chechens) from Akhmeta Municipality, repatriated and adolescents, as well as stateless minors residing in diffbrent regions of Georgia, adolescents internally displaced fiom Liakhvi valley in 2008, residing in the village of Shaumiani, minors with behavioral and emotional disorders of Samtredia Nl5 public school, blind and visually impaired pupils of Tbilisi N202 public school, minors with hearing problems from Kutaisi public schoolN45. The program will offer different activities for their socialization, such as: reading and theatre clubs, and other similar targeted activities, pre-profession courses, meetings in order to get familiar with their history, culture and mores. etc. The program budget in 2016 is 97,600 CEL. MIA Under the initiative of the Ministry of Internal Affairs, representatives of the MIA various units and Ministry of Education and Science held information-educational meeting within the frames of the World Day For Prevention of Child Abuse with senior class pupils of the Nlgl public school, Iocated in Tbilisi. MIA representatives discussed issues related to various forms violence among juveniles including -bulling common in schools, serious crimes and etc. Another form of child abuseminor trafficking issue was also discussed at the meeting. At the meeting pupils were shown videos on the fight against violence prepared by the Ministry. Participants of the meeting provided detailed answers. Representatives of the 112 Emergency Response Center told pupils that in case if subjected to violence, witnessing or becoming an accompliceofthecrime,juvenilesshouldcontact ll2centerinordertomakequickresponse. V. Prohibition and Related Matters There are two modalities in which Georgia exercises its criminal jurisdiction - territoriality and extraterritoriality. Article 4 of the Criminal Code of Georgia loresees that "a person who has committed a crime in the territory of Georgia shall be criminally liable under this Code". Further Article 4 stipulates that a crime shall be considered to have been committed in the territory of Georgia if it began, continued and terminated or ended in the territory of Georgia and extends criminal jurisdiction of Georgia to the continental shelf and in the Special Economic Zone of Georgia and on persons committing a crime on or against a ship authorised to fly the national flag or national insignia of Georgia. According to Article 5 of the ccG, the latter modality is based on principles of active personality (due regard paid to double criminality requirement), protective principle and principle of un iversal j urisd iction. The latter is stipulated in Article 5(3) of the CCG which is read as follows: "a fbreign citizen or a stateless person shall be criminally liable fbr a crime committed abroad [...] if criminal liability for committing the crime is established by an international treaty to which Georgia is a State pa(y.,, Status ollimitation issues is regulated by Paragraph I of Article 7l of the ccc, which stipulates that a person shall be released from criminal liability, ii a) two years have passed after the commission of the crime for which the maximum sentence prescribed by the special part of this Code does not exceed a two-year term of imprisonment; b) six years have passed afier the commission ofanother, less serious crime; c) I 0 years have passed after the commission of a serious crime; cr; l5 years have passed after the crimes provided for by Articles 332:42t (,,Official misconduct") ofthis Code, unless they constitute particularly serious crimes; d) 25 years have passed after the commission ola serious crime. It should be clarified that Georgian criminal legislation distinguishes three categories of crimes: less serious; serious and pa(icularly serious crimes. According to Article l2 of the CCG less serious crimes are deemed those intentional crimes or crimes of negligence fbr the commission ol which the maximum sentence prescribed under the CCC does not exceed five-years of imprisonment. An intentional crime fbr the commission of which the maximum sentence does not exceed l0 years of imprisonment under the Code, also a crime of negligence for the commission of which the maximum sentence exceeds five years of imprisonment shall constitute a serious crime. Particularly serious crime can be only of direct intent and are punished by more than l0 years olimprisonment or life imprisonment. According to Article 7l(3) the period of limitation shall be suspended if the offender has absconded during the investigation or trial. ln this case, the flow ofthe period ol limitation shall be resumed upon the detention ol the offender is detained or his/her appearance with the conf'ession ol'guilt. The period of limitations also suspended fbr the period during which the person is protected by immunity. No period of limitation shall apply in cases prescribed by the treaties to which Georgia is a party. On l2 June 2015 the Parliament adopted Georgia's first standalone and specialized Juvenile Justice Code (JJC). The new JJC determines the characteristics olthe administrative and criminal liability of minors, administrative ol1'ence proceedings and criminal procedure involving minors. and special procedures tbr the execution of sentences and other measures; expands the altematives to criminal prosecution, such as diversion and mediation, and diversifies the 30 sanctions available to judge to ensure that the detention and imprisonment are used only as the measures of the Iast resort as derived lrom the principle of the best interests of the child and other international standards under the UN Convention on the Rights of the Child and relevant international instruments. According to Afticle l(2) ofthe JJC its purposes are to protect the best interests of minors, to re-socialise and rehabilitate minors who are in conflict with the law. to protect the rights of minor victims and witnesses. to prevent the secondary victimisation of minor victims and minor witnesses and to avoid the re-victimisation of minor victims, and to prevent new crimes and protect public order in the process of administration ofjustice. Article 3(l) of the JJC defines minor as a minor victim. a minor witness, or a minor in conflict with the law under the age ol 18. Minor victim is defined by Article 3 ( l3) as a minor who has suffered moral or physical injury or damage to propefty directly resulting liom an administrative offence or a crime. For the purposes of administrative liability, a person is considered to be a minor il by the time of committing an administrative offence, he/she has attained the age of J6, but not 18, and lbr the purposes ol'criminal liability, if by the time ol'committing a crime, he/she has attained the age of 14, but not I 8. According to A(icle 4 ofthe JJC the best interests of minors shall be considered as a priority in juvenile j ustice procedure. In line with the inlernational obligations under Optional Protocol to the Convention on the Rights of the child on the sale ol children. child prostitution and child pornography (the protocol) Georgia criminalizes all acts and activities enumerated in paragraph I ol Article 3, of the Protocol. Even before its accession to the Protocol on 28 June 2005 Georgia unde(ook number of legislative measures to uphold international standards in protection of children lrom economic and sexual exploitation. Thus, on 6 June 2003 Arricles l43r (Human tralrcking) and 1432 (child trallicking) were introduced to lhe CCC. lt should be highlighted that child traflrcking was not included as an aggravated circumstance in Article l43rbut was distinguished as a separate crime which demonstrates the seriousness olthe approach ofthe Georgian legal system to the matter. Article l432( I ) is read as follows. "purchase or sale of children, or other unlawful tronsaclions in relotion lo them, as well us their recruitment, carriage, concealmenl, hiring, lransportation, provisictn, harhouring or receprion Jbr exploitation, shall be punishetl by imprisonme nr ./br eighl to tu)elve years, wilh deprivarion of the right to hold an fficial posilion or ro cony our o parliculur actirityfor up lo three years". F'urthermore, the provision lists the circumstances that may aggravate the criminal responsibility of the culprit. Thus, according ro Article 1432(2) rhe same acr committed knowingly against a pregnant women or against a helpless person or a person who financially or otherwise depends on the offender or by abusing official position is punished by imprisonment for a term of 1l to l5 years. with deprivation of the right to hold an official position or to carry out a particular activit) for up to three y'ears. Fumher. Article 143:(3) sripulates that the same acl committed: a) repeatedly; b) using coercion, blackmail or deception; c) against two or more children; d) by ＾ taking the victim abroad; e) using violence or threat of violence dangerous fbr life or health, shall be punished by imprisonment fbr a term ol l4 to l7 years. rvith deprivation olthe right to hold an ofllcial position or to carry our a parricular acrivity fbr up to three years. Finally, any of the acts listed in paras l, 2 and 3 of Articre 1432 committed by an organized group or causing the death of the victim or other grave consequences entails the criminal responsibility in form of imprisonment for a term of l7 to 20 years, with deprivation of the right to hord an official position or to carry out a particurar activity tbr up to three years or with rile imprisonment. Article l43rcontains a note that defines the term ,,exploitation', lbr the purposes ofthe Articles I and 143:. According I 43 to the note the following acts committed with the purpose to gain material or other benefit shall constitute exploitation: a) inducing a person to pertbrm labour or other services; b) inducing a person to provide sexual services; c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities; d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception; e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in retum for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a person may be caused by, among other things: i. confiscation, control or intentional unlawful handling of personal identification documents ii. iii. restriction ofthe right to lree movemenl or control of fiee movement: restriction or control of' commun ication (including correspondence and phone calls) with iv. lamily members or other persons; creation ofcoercive or threatening environment. According the same note a person's consent to his/her pre-determined does not play role and shall not be deemed as a circumstance excluding or mitigating criminal responsibility of the culprit. According to Article 1072 of the ccG a legal person shall be criminally responsible only il so prescribed under the relevant article. Articles l43r and 1432 prescribe that fbr the acts provided for by these articles, a legal person shall be punished by deprivation ol the right to carry out activities or with liquidation and a fine. To create additional impediments to the practice of trafficking the Georgian Government have criminalized the usage of services of victims (person alfected by) of human trafficking. In pafticular Article 1433 of the CCG envisages criminal liability for knowingly using the services ol victims/statutory victims of human trallicking. which imposes criminal sanctions olrestriction of liberty fbr up to four years or imprisonment fbr a term of three to Iive years. As to the aggravating circumstances, the same act committed; a) repeatedly; b) knowingly by the offender against a pregnant woman; c) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender; d) by abusing the official position, - shall be punished by imprisonment for a term of five to seven years. with deprivation ol the right to hold an ofllcial position or to carry out a particular activity tbr up to three yearsi the same act committed: a) against two or more persons; b) using violence or threat of violence which is dangerous for life or health, - shall be punished by imprisonment for a term of seven to twelve years, with deprivation ofthe right to hold an official position or to carry out a particular activity fbr up to three years. Any of these acts committed by an organized group entails criminal responsibility in a form of imprisonment f,or a term of l2 to l5 years, with deprivation of the right to hold an official position or to carry out a particular activity for up to three years. It is worth mentioning that the mentioned provision foresees exemption from criminal responsibility fbr a person who has committed a crime prescribed by it if heishe volunrarily provides infbrmation about the crime to the investigative authorities in writing or by using any technical means of communication, contributes to the conduct of investigation and his/her actions do not contain elements oI an1 other crime. ln order to further enhance legal framework in terms of protection of minors against sexual exploitation, pomography and sexual abuse in line with international standards, the Government olCeorgia has amended Criminal Code of Ceorgia. In particular, Article 253(2) of the CCG criminalizes engagement of a minor in prostitution by using violence, threat of violence or of destruction of property, blackmail or deception and acquiring benefit from the engagement of a minor into prostitution. The commission of this crime is punishable by imprisonment for a term of five to seven years. The article also prescribes that fbr this act a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine. Further, Article 255 of the ccG provides the definition of the pornographic work containing images of minors, i.e. "a visual or audio-visual material produced by any method, also a staged perlormance which. using various means, depicts the participation of minors or of characters with the appearance of a minor in the actual. simulated or computer-generated sexual scenes or displays genitalia of a minor for the gratification of a consumer's sexual needs. A work shall not be considered to be pornography if it has medical, scientific, educational or artistic value,,. The a(icle criminalizes purchasing, storing, attending the demonstration of, offering, disseminating, transferring, advertising, providing access to or using pomographic work containing images of minors and imposes a punishment in a lbrm of a fine or corrective labour fbr up to two years and/or by imprisonment fbr up three years. Further, the same provision outlaws making or selling pornographic work containing images of minors and sets a punishment measure in a form 33 of imprisonment fbr a term oi three to five years. For the act defined in the article, a legal person shall be punished by a fine, with deprivation of the right to carry out a particular activity or by liquidation and a fine. Furthermore, Article 255r prohibits engaging of minor in illegal production of pomographic piece or other object, as well as in proliferation or advertising olsuch item or receiving benefit fiom such activities. Distributing, advertising ol'pornographic materials, making any commercial deals related to such materials or receiving any kind of beneflt tiom this activiry is also criminalized under A(icle 255r of CCG. The sanctions applied for these offences varies from two up to five years of imprisonment. A legal person for committing the crime is punished by a fine, with deprivation olthe right to carry out a panicular activity or liquidation and a fine. Also, a sexual intercourse, homosexual or lesbian or other sexual intercourse in a perverted fbrm committed knowingly by an adult olfender against a person who has not attained the age ol l6 years is criminalized by A(icle 140 of the CCG and may result in criminal sanctions in tbrm of imprisonment for a term of seven to nine years. Apart fiom this, Article 255: ol CCC imposes criminal sanctions lor proposing a meeting to a person under the age of I 6 through any means of communication for any sexual purposes i.e. for the commission of the crime stipulated by Article 140 by or Article 255(3) (making or selling pornographic work containing images of minors). The sanction applied for these olfences is restriction ol liberty lor up to three years or imprisonment for a term ofone to three years. In this connection it should also be mentioned that olfering an area or dwelling place tbr prostitution is also criminalized in Georgia by Article 254 of the CCG. It stipulates that making available an area or dwelling place for prostitution shall be punished by a Ilne or imprisonment for a term of two to four years and sets a punishment for legal persons in a form ofa flne, with deprivation ofthe right to carrv out a panicular activity or liquidation and a tl ne. ln addition, Article l7l olthe CCG prohibits the involvement of minors into anti-social activities and sets out that persuading minors to get involved in beggary or other anti-social activities shall be pun ished by community service from 170 to 240 hours or with corrective labour for up to two years or with imprisonment for up to two yearsl involving minors into the abuse of intoxicating drugs or medications shall be punished by restriction ol liberty tbr up to three years or with imprisonment lor up to three years whereas engaging minors in prostitution using violence, threat ofviolence or by deceit shall be punished by imprisonment for a term of two to five years. For the acts specified in the article a legal person shall be punished by deprivation of the right to carry out a particular activity or with liquidation and a fine. As to the legislative measures aimed at prevention of illegal adoption there are a number ol criminal Iaw provisions with deterring effect. 34 Thus. Article 172 of the CCG prohibits purchases or other unlawful transactions with respect to minors for the purpose of their adoption and sets a punishment for that actions - a flne or imprisonment fbr up to a year. The sale of a minor is also criminalized by the same provision and may result in stricter punishment - imprisonment for a term of two to five years. In order to prevent activities of intermediaries A(icle lT2rolthe CCG criminalizes preliminary selection, for adoption purposes, of pregnant women and creation of opportunities for taking pregnant women out of Georgia for childbinh or assistance in such placement lor adoption and imposes a sanction in a fbrm of imprisonment fbr a term of'three to seven years. 'l'he article also sets aggravating circumstances - ilthe act is committed repeatedly or by more than one person - and sets that in that case the punishment shall be imprisonment for a term of six to nine years. Finally, violation of the procedure for adoption or foster care which has resulted in grave consequences is prohibited by article 173 ofthe CCG and results in a fine or corrective labour fbr up to two years, or with imprisonmenl for up to two years. The same action committed by abusing one's official position shall be punished by a fine or imprisonment for up to tbur years, with or without deprivation of the right to hold an official position or to carry out a parlicular activity for up three years. With regard to combating transf'er olorgans of the child for profit as prescribed by Article 3 of the Protocol it should be noted thar Article 134(2) of the ccG provides that coercion into removing a human organ, part or tissue ofan organ for the purposes of treatment, transplantation, experiment or manufacturing of medicinal products committed knowingly by the oflfender against a pregnant woman, minor or helpless person or a person who materially or otherwise depends on the offender shall be punished by imprisonment for a term ofthree to live years, with deprivation of the right to hold an official position or to carry out a particular acrivity tbr up to three years. Trade in human organs is also criminalized by Article 135'of the ccG and implies punishment in form of imprisonment for a term of six to nine years, eight to twelve years ifl committed repeatedly and eleven to fifteen years ifcommified b1'an organized group. According to Article 4( l4) of the Law of Georgia on Advertising usage of images or voices of minors for advertising of sex-related products in any form shall be prohibited. Children working and/or living in the streets The Government of ceorgia also pays particular attention to those minors who are living and working in the streets. They might be the subjects olviolence, abuse and exploitation. To address this issue the Government of Georgia initiated legal amendments in up to l0 legal acts aiming at creating legal framework to provide children living and/or working in the streets with identification documents the of charge and strengthening the role of social workers in case of violence to separate minor fiom perpetrator/remove the child fiom I'amily or other environment where the violence was committed. In particular, the elaborated legislative package has two main dimensions: It provides the legal definition of children living and/or working in the streets, who are identified and granted the status of homeless children by the entitled Social Worker. Granting the status of homeless children aims at creating the legal basis to provide those kids with identification documents free of charge in order to ensure the access to dilferent state run services, including education, medical, social or other kind of services. The guardianship and custodianship body operating under the Social Service Agency (hereinafter - SSA) is authorized to refer the case to the LELP Public Service Development Agency operating under the Ministry of Justice of Georgia (hereinafter PSDA), entitled for the civil registration. for granting the identification documents for homeless children. Legal amendments aim at strengthening the role of the social worker. According to the new regulations, the social worker is granted the authorization to assess whether a child is the victim of any type of violence and make a decision to remove the child from family or environment where the violence was committed. The legal package on homeless children was adopted by the Parliament of Georgia on 22 June 2016 and came into force on l0 August 2016. Child Violence Referral Mechanism In order to protect children from any type of violence, on l2 September 2016 the Covernment of Georgia by a governmental decree issued according to the legal amendments of the Law of Georgia on Combating Domestic Violence approved the new Child Protection Referral Mechanism. The latter expanded the responsible entities for referring child violence cases to the relevant agencies. In particular, all governmental institutions and their structural units, LEPLs, medical institutions and local municipalities have become obliged to refer the possible case of child violence to the SSA and the police. Furthermore, the document has strengthened the role of social worker while separating the child from the violent environment, ln particular, besides to the police, the social worker has also been granted the authorization to assess whether a child is the victim of any type of violence and make a decision to remove the child from family or environment where the violence was committed. Protection of minors born through extracorporeal fertilization (surrogacy) The Government of Georgia pays pafticular attention to the protection of children born through extracorporeal fertilization (surrogacy). Theretbre, on 22 March 2016 legal amendments were introduced to the Law of Ceorgia on the Rules of Leaving Georgia and Arrival to Georgia by Citizens of Georgia and the Law of Georgia on the Legal Status of Foreigners and Stateless Persons. In particular Article 8l was added to the Law of Georgia on the Rules of Leaving Georgia and Arrival to Georgia by Citizens of Georgia that regulates the provision on removal of a child fiom Georgia born in Georgia through extracorporeal fertilization (surrogacy). 36 The aim of the amendments is to: protect the best interests ol'children born in Georgia through extracorporeal f'ertilization (surrogacy); prohibit the removal olsuch children from Georgia by circumvention ofthe law; prevent committing any illegal acts against them, including violence, pornography, sexual exploitation. traflicking. etc. According to the amendments the removal ofl a child bom in ceorgia through extracorporeal fertilization (surrogacy) is possible only when both parents are indicated in the Civil Act of Bi(h issued by the LELP Public Service Development Agency (hereinafter -pSDA). In addition, the rules on the removal ofa child born in Ceorgia through extracorporeal lertilization (surrogacy) was approved upon the Joint Order o1'the Minister ol Justice of Georgia and the Minister ol Internal Affairs of Georgia (l133, I 144; 5 April and l l April 2016). This Joint order regulates the procedures for taking a child bom in Georgia through extracorporeal fertitization (surrogacy), the grounds ol'the restriction ofright to remove the child from Georgia and important aspects of cooperation between the respective units of Ministry ol Internal Affairs and the PSDA to protect the rights and best interests of'a child. In addition, according to the new regulations, the data on the child born in ceorgia through extracorporeal fertilization (surrogacy) developed by the PSDA is available for the MIA which controls the Passport at the Border Crossing Points. If during the passport control the respective employee of MIA detects that rhe child who is leaving ceorgia lor the first time is born in Georgia through extracorporeal lertilization (surrogacy) and is included in PSDA data-base but both parents are not indicated in the Civil Act of Birth or the PSDA has not registered the Civil Act of Birth ofthe child, the authorized official of MIA is obliged to prevent the leaving of child tiom Georgia, The above-mentioned rule on the removal of'a child born in Georgia through extracorporeal t'errilization (surrogacy) is in force and applicable since I I April 2016. According to the Intemational Cooperation in Criminal Matters Act, extradition is generally carried out on the basis of bilateral or multilateral treaties binding for Georgia. However, in case of non-existence of extradition treaty with a relevant state, the Ministry of'Justice of Georgia is authorized to conclude an ad hoc agreement with the appropriate fbreign authorities and thereby carry out extradition procedures (Article 2). Since all the offences covered by the Optional Protocol to the Convention on the Rights ol the child on the sale of children, child prostitution and child pomography are criminalized in the Georgian domestic legislation and they also comply with the requirement regarding the threshold ofpunishment. extradition ola person/s lrom Ceorgia is permitted fbr the crimes referred to the above-mentioned Protocol. Article l3 $4 ofthe Constitution olGeorgia prohibits transfer ofa Georgian national to a foreign state unless international treaty of Georgia provides otherwise. Georgian citizenship, as a ground for refusal of extradition, is also indicated in Article 2l of the Intemational Cooperation in Criminal Matters Act. In the given case, at the request ofthe foreign state seeking extradition, the Ministry ofJustice of Georgia submits the transferred case files or their certified copies to the competent local authorities for the propose of conducting investigation or prosecution with regard to the crimes indicated in the request (Article 42 of the Intemational Cooperation in Criminal Matters Act). The investigation and prosecution in question continue in accordance with the legislation of Georgia. Besides, the evidence submitted by the requesting state have the equal legal fbrce as the ones obtained in the territory of Georgia, provided that such evidences are collected in observance with the procedures and rules of the relevant foreign state (Article 42$2 of the lntemational cooperalion in criminal Matters Act). In case the evidence are insufficient for the prosecution or punishment of the person in question, the Minislry of Justice of'Georgia is authorized to obtain additional materials from the relevant foreign state on the basis of the mutual legal assistance request. After making the final decision conceming the transferred case files, the competent authorities ol the requesting state are dully notified in this regard. The procedures and rules described above are also applicable with regard to the crimes covered by the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pomography. In 2l July 2010, Georgia adopted the Intemational cooperation in criminal Matters Act, which entered into force on I October ofthe same year. The above-mentioned Iaw covers all the issues of intemational cooperation, including extradition. Since Georgia's accession to the Optional Prolocol to the Convention on the Rights ofthe Child on the Sale of Children, Child prostitution and Child Pomography, June lg, 2005, one extradition was carried out by the Georgian competent authorities in regard to the crimes envisaged b1 the said Protocol. ln particular, in 2012 competent us authorities addressed the Ministry olJustice, olfice of the chief Prosecutor of Georgia with the request lor extradition of C. F., citizen of the USA. According to the case files, from 2005 to 2012 Mr. c. F. sexually molested three of his underage daughters in their home. The crime is punishable under Article 139 $2 (coercion into sexual intercourse or any other act ol sexual nature. committed in aggravating circumstances) of the Criminal Code ol Georgia. on May 2012 Superior coun in Spokane county issued an arrest warrant for F. for multiple charges. In May 2013 extradition of C. F. was found admissible and he was extradited to the USA bv the competent authorities ol' Georgia. 38 VI. Protection of the Rights of Victims (arts. 8 and 9, paras. 3 and 4) Children Victims as Beneficiaries of Legal Aid Service Legal Aid Service which provides lree advocacy service for the citizens of Georgia since 2007, is an important actor ol the justice system of the country. Through the Service, the right to defense ensured by the Constitution of Georgia and the European convention of'Human Rights is guaranteed. Since the day it was founded, children have always been one of the main beneficiaries of free legal assistance. The interests ol the children in conflict with law have especially been protected by the legislation. Namely, the children victims are subject of compulsory def'ense and if a minor accused does not have a lawyer chosen by a general rule, the public lawyer of Legal Aid Service is assigned as his/her del'ense attomey. As lbr a child victim, the mandate of the Service regarding this has changed several times in 2007-20t6: l. According to the second part of the article 7l olthe Criminal Procedure Code of Ceorgia. "if a victim is minor. disabled or rvith limited capability. s/he is not able to protect his/her interests because olthe health condition or is a victim in the crime envisaged by articlc l43r and/or 143: ofthe Criminal Code ofGeorgia, the presence ofan attomey is compulsory". ln this case the proceedings authority is obliged to provide involvement of the attomey in the case, the cost ofthe service is covered from the state budget (old edition, 1998). 2. Until January 1,2016, protection ofthe interests ola child vistim was provided by the state only at the investigation stage, while recognition as a victim and his/her questioning. 3. Since January 1,2016, according to the newly-adopted Code of Juvenile Justice, the LAS public lawyer is appointed for a victim. In order to prevent the secondary victimization and the repeated victimization, the defense lawyer attends the proceedings with participation of a child victim. Statistics on Protection of Child Victims In the practice of Legal Aid Service there were not cases regarding sale of children, child prostitution and child pomography. Generally, in 2013-2016, the statistics of child victims is the Ibllowing: the public lawyers of Legal Aid Service protected 192 child victims in total, out of this number,6l children were victims ofsexual violence. The Legal Aid Service (LAS) Lawyers' Specialization in Juvenile Justice Legal Aid Service as a part olthe Georgian justice system is actively involved in the reform of the juvenile justice system since 2009 which the Government of Georgia has been implementing with support ofthe European Union and UNICEF. As a part ofthe above-mentioned reform, the Code ofJuvenile Justice entered into force since January 1,2016. 39 This document establishes high standards in the field ofprotection ofa child in conflict with the law, a child victim and a child witness. The adoption of a new code was preceded by the process for many years aiming at specialization of the justice professionals in the juvenile justice issues. The lawyers underwent trainings on specialization in juvenile justice together with policemen, prosecutors, judges and social workers. considering the mandate of Legal Aid Service, the focus was made on the speciafization of the Service lawyers who work on juvenile cases. [n zol4-2015, the public lawyers attended intensive course of trainings on special skills for protection of children in conflict with the law. currently, a standing group ol lawyers with specialization in juvenile justice operates in Legal Aid Service. The members ol the group provide defense of persons belonging to the lollowing categories: . Child accused/convicts/acquitted: o Accused of l8-21 years ofage; o Child victims; o child witnesses (if a witness is registered in the unified database of the socially vulnerable families and meets the insolvency criteria). Psychological services The State Fund provides psychological service for the (statutory) victims of human trafficking. The service includes the following steps: individual and group psychological consultation and rehabilitation lor the (statutory) victims of human trafficking, crisis intervenlion, emotional and psychological support, psychological education, assistance in defining their future perspectives/recovering control over their lives. Group rehabilitation is held once a week or once in l0 days and includes group work for the purpose of raising self-confidence and supponing relationships between the residents of shelter. Forming creative groups, which help the (statutory) victims of human trafficking to express themselves in different activities (painting, knitting, singing, dancing and etc) is one ofthe lorms ofgroup work. The rehabilitation-reintegration program is carried out toward each beneficiary, living at the shelter, taking into consideration the following steps: interviewing beneficiaries and evaluation of their needs, assessment of risk of harm to beneficiaries and developing a security plan, working out a rehabilitat ion-reintegration plan, planning and ensuring psychological, medical, legal and social servicesl communication with other organizations and experts and coordination of services, if necessary. Medical Service The state Fund provides medical service for the (statutory) victims of human traflicking, which includes the identification of health condition. medical needs. medical Iirst aid and emergency services. provid ing basic medicines. 40 Shelter Services The State Fund subordinates tlvo shelters for victims ofhuman trafficking: in Batumi (opened in 2006) and in Tbilisi (opened in 2007). The shelters are open for (statutory) victims of human trafficking regardless of their race, skin color, language, sex, religion, political or other opinions, national, ethnic and social affiliation, origin, property or social status, place of residence. The (statutory) victims ol human traf'ficking can be placed at the shelters together with their dependents. The shelter provides the following 24 hour free of charge service for beneflciaries and their dependents: a) a safe place to live, suitable for normal existence; b) nutrition and clothes; c) participation in the programs of integration into families and society; d) support minors to access to fbrmal and non-formal education; e) all the other activities that promote beneficiaries' complete development, the beneiiciaries' personal data and shelter coordinates are kept confidential; 1) other measures defined by the legislation ofGeorgia. The services ofthe State Fund are available to (statutory) victims ofhuman trafficking regardless oltheir race. skin color. language. sex. religion. political or other opinions, national. ethnic. and social afllliation, origin, property or social status, place ol residence. 'l'he Georgian legislarion prohibits any kind of discrimination in public and private spheres. The internal regulations ofthe State Fund are in accordance with the Georgian legislation. The services in shelters are also tailored to minors, taking into account their needs views. The lndividual rehabilitation-reintegration plan is made fbr each beneficiary (victim ol trafflcking). The rehabilitation-reintegration programs are carried out toward each minor victim, living at the shelter, taking into consideration the following steps: interviewing the minor (considering his/her age) and evaluating his/her needs with the pa(icipation of a social worker of the Social Service Agency, assessing the risk ofharm to minor beneficiary and developing a security plan, working out a rehabilitation-reintegration plan. planning and ensuring psychological, medical, legal and social services. A formal education (school, kinderga(en and etc) and support for non-f,ormal education (arts, sports, a choreographic group) are available for the beneficiaries ofthe shelters. Since 2015, a care taker/nanny for children lbr children is recruited in the Tbilisi and Batumi shelters. A nanny looks after a minor beneliciary in the shelter and a minor dependent person(s) The State Fund is continuously monitoring the activities of shelters on a regular basis, by the visiting group under the State Fund. 41 Witness and Victim Coordinator's Service Since 201 1, Witness and Victim Coordinator's Service is provided by the Prosecutor's Office. In all tratficking cases, witness and victim coordinators are involved. The aim oltheir involvement is to reduce the discomfort suffered by the witnesses/victims/statutory victims in relation to law enforcement, to gain the trust of the given persons and to ensure their effective involvement in investigation process taken into consideration the specificities ofthe case. l'he functions of witness and the victim coordinator working on trafficking cases are the following: o To obtain the confidence of the witness/victim/statutory victim based on an individual approach; o To ensure the prevention of re-victim ization of a viclim/statutory victim by other pa(icipants ofthe criminal proceedings as much as possible; o To assess the extent of trauma and its impact on witness/victim/statutory victim, thus to act in accordance with their interests; r To help the witness/victim/statutory victim of trafficking in recounting the facts of the case to the fullest extent: o To provide the witness/victim/statutory victim with the inlormation about the available . o public services (e.g. shelter, psychological and medical aid, etc.); To prepare the witness/victim/statutory victim for paticipating in investigative actions, e.g. interview/interrogation, body identification, investigative experiments and gathering such evidence that is linked to a particular stress; To continue supporting the witness/victim/statutory victim during the whole period of investigation and trial proceedings and to be convinced that the rights and interests ofthe witness/victim/statutory victim are duly protected and considered. Compensation compensation in the amount of 1000 Gel is provided for the (statutory) victims of human tralficking. Hotline Service A hotline tbr the victims of human trafficking is functioning at the state Fund. Anyone can call on the hotline: 2 100 229 and get qualified consultation and information about services of the State Fund. The service is free and anonvmous. Juvenile ,lustice Code The new Juvenile Justice code, based on the UNODC Model Law on Juvenile convention on the Rights ol the child and other international standards, was adopted by the parliament on l2 June, 2015. The Code sets even higher standards lbr protecting j uven ile victims/witnesses. The Juvenile Justice Code provides for the better procedural guarantees forjuvenile victim and juvenile witness giving the best interests ofthe child the utmost importance in every matter. 42 According to the code, to prevent secondary and re-victimization of a juvenile victim/witness, a legal representative and a counsel as well as a psychologist shall attend his/her examination. In order to protecl a juvenile witnessjudge can make a decision to: a' use image or sound substitute equipment, opaque screen or examine witness remotely; b. examine ajuvenile witness before the cou( hearings and use the video-recording afterwards rather than conduct the examination in the courtroom; c. close the court hearing in full or in part; d. remove the accused from the courtroom while examining thejuvenile witness. Most imponantly, Juvenile Justice Code obligates relevant law enforcer agencies to specialize/train professionals according the Code. Academy ol the Ministry of Intemal Af lairs provides special training course lor the professionals dedicated to work with juveniles. (' h ilcl V iole nce Re-fe rral Mechan i sm In order to protect children from any type of violence and properly response to violence, on l2 September 2016 the Government of Georgia issued a govemmental decree on Child Protection Referral Mechanism. The latter expanded the responsible entities lor referring child violence cases to the relevant agencies. In particular, all governmental institutions and their structural units, LEPLs, medical institutions and local municipalities has become obliged to ref'er the possible case of child violence to the Social Service Agency and the police. Furthermore, the Document has strengthened the role ofsocial worker while separating the child fiom the violent environment. In particular, besides to the police, the social worker has also been granted the authorization to assess whether a child is the victim ofany type of'violence and make a decision to remove the child fiom lamily or environment where the violence was committed. VlL lnternational assistance and cooperation Georgia is the member state to the lbllowing international legal instruments, which regulate the issues related to child pornography and child sexual abuse: . Council of Europe Convention on Action against Trafficking in Human Beings; o United Nations Convention against Transnational Organized Crime and its Supplementary Protocol: to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; Convention on the Rights ofthe Child (CRC) and its Optional Protocol on the Sale of o o Children, Child Prostitution and Child Pornography; o Council ofEurope Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention); 43 o Council ofEurope Convention olCybercrimel In order to fulfil the international and regional commitments the THB council, as the main policy- making body in the field of combatting human trafficking takes particular ensures to promote implementation of the above-mentioned treaties. ln this regard, the THB council in cooperation with other members ol the Council prepares periodic reports lor the international organizations (coE, UN, EU, oscE) and the US Embassy on the activities conducted by the Covernment of Georgia in terms of combatting human trafficking. It should be underlined that Georgian authorities appreciate the extemal evaluation of the reforms implemented in terms of fight against human trafficking and recommendations given by the international organizations fbr f'urther developing Georgian counter-trafficking policy. As a result of refinement olGeorgian A-TIP policy Georgia is in Tier I according to rhe 2016 US Report on Trafficking in Persons and takes the top place among other western countries and EU Member States. Furthermore, the Group of Experts against Tralficking in Human Beings (GRETA) has positively assessed Ceorgia's counter-trafficking measures in its second evaluation report issued on June 3, 201 6. According to Global Slavery lndex 2016 the Govemment of Georgia is placed among those authorities that are taking the most actions to end human trafficking. Georgia takes 2'd place in terms ol'world GDP and l7'h position out ol 167 countries. When it comes to the regional level according to the same source Ceorgia is ranked l" in terms of strong counter governmental responses. In the beginning of20l3 the Ministry oflnternal Affairs of Georgia elaborated the draft Law of Georgia on "International Law Enforcement Cooperation" tbr the realization ol elllcient international cooperation in the tleld of prevention. detection, and suppression ol crimes, including TIP-related crimes, on the basis of international treaties, principle of'reciprocity and ad &oc decision made by the head or deputy head of respective law enforcement agency of Georgia. The law was adopted by the Parliament of Georgia on 4th of october 2013. This law also aims to fully implement the obligations regarding international law enforcement cooperation arising from the relevant bilateral and multilateral international treaties of Ceorgia. This law enhances international cooperation capacities ol Georgian law enlorcement agencies to tackle TIP-related crimes. The Law was assessed by EU expert mission organized within TAIEX as an outstanding legal document. The types ofcooperation envisaged by the Law are the following: - requesting, providing and exchanging the inlbrmation; - search for persons and items for the establishment of their whereabouts; - controlled delivery; 44 - setting up joint crime detection teams; - deployment ofan undercover officer; - cross-border observat ions; - protection of criminal case participants (witness protection); - covert gathering of criminal intelligence information; - non-operative forms of cooperation. Enhancement qf Bilateral and Resional Coooeration In 2013. the main division for cooperation in the fight against international crime and for coordination of the activities of Georgian MIA representatives/police attachds and liaison ofllcers abroad - International Criminal cooperation center (ICCC), was created within MIA Central Criminal Police Department. The main functions of the Center are to represent MIA at international organizations and in foreign states through seconded representatives/police attach6s and liaison officers, to conduct cooperation with loreign counterparts at operative level, to implement the relevant provisions of international cooperation agreements and of the Law of Georgia ,,on lnternational Law Enforcement Cooperation", conceming operative field of cooperation, etc. As ol December l, 2014 the functions of the center have been expanded to cover the regional cooperation within the framework of GUAM, BSEC and SELEC. In terms of police cooperation through GUAM National Law Enfbrcement, ICCC is equipped with appropriate technical means, which enables the rapid exchange of information through protected channels, direct communication during joint operations, holding video conferences in online regime and facilitating the detection olcriminal cases within the sho(est possible time. Police attachd cooperation was greatl)' enhanced in recent years. The fbrms of cooperation are: exchange ol relevant infbrmation (including criminal intelligence infbrmation), besr practices, statistics, joint measures, adoption and implementation of annual assistance/cooperation plans, trainings, study visits and etc. The Ministry has already deployed police attachds to the following l3 countries: Armenia, Austria, Azerbaijan, Belarus, France, Greece, Germany, Italy, Poland' Spain, Sweden, Turkey and Ukraine. Afier entry into tbrce of operationar and strategic cooperation agreement with Europol, ceorgia will deploy its liaison officer to EUROPOL Headquarters in Hague (most probably in 2017). The development of police attachd cooperation: In the years of 2005-2013 - only 4 police attach6s were deployed respectively in Armenia, Austria, Azerbaijan and Ukraine; И In 2014 - 4 more police attach6s were deployed respectively in Belarus, France, Greece and Turkey; In 2015 - 3 more police attach6s were deployed respectively in Germany, Poland (covering also Estonia, Latvia and Lithuania) and Spain: In 2016 - 2 more police attach6s were deplo_v-ed respectively in Italy and Sweden: ln 2017 - a liaison officer will be deployed to EUROPOL Headquarters in Hague. Fu(hermore, police/security attachds of Armenia, Austria, Azerbaijan, France, Greece, Latvia, Turkey, Ukraine and USA are deployed in Ceorgia. while police/security attachds of Belarus, Belgium, Czech Republic, Germany, Israel, Italy, Netherlands, Spain and UK corer Ceorgia fiom third counrries. Cooperation within the frames of Workins Groups The Sixth Joint Commission Meeting, established in accordance with the Article 19 of the Agreement between the Government of Ceorgia and the Covernment ofthe Republic ofTurkey on Cooperation in the Field of Security, was held on 6-8 May 2015 in Tbilisi, Georgia. Parties to the meeting exchanged relevant information on TlP-related cases, underlined the effectiveness of their cooperation being enhanced to a greater extent in recent years and committed themselves to maintain and strengthen the already achieved level o1'cooperation. Working group meeting was held in Tbilisi in June 2014 with the Federal Criminal Police representatives of Germany. Among other issues, parties also discussed TIP-related issues and exchanged relevant information on cases of mutual interest. Working group meeting uas held in Tbilisi in June 2014 with the Criminal Police representatives of Austria. Among other issues. parties also discussed TIP-related issues and exchanged relevant intbrmation on cases of mutual interest. Moreover, in autumn 2014 the Ministry of Internal Affairs of Georgia initiated conduction of working group meetings with the law enforcement agencies of all relevant EU member states. Jo this aim. ofllcial leners signed b1 the Minister of Internal Affairs o1'Georgia were sent to these la"\ cnlbrcement agencies, ln addition to Georgian-Austrian and Georgian-German working groups, such r.vorking groups were already established between Georgian and Swedish, Finnish and Danish (March 2015), Georgian and Romanian (March 2015), Georgian and Slovenian (April 2015), Georgian and Italian (Ma,v 2015) and Georgian and Greek (June 2016) criminal police representatives. Currently, organizational issues are being agreed to create such working groups with Belgium, Bulgaria, France, Croatia, Spain, Cyprus, Slovakia and Poland. 46 VIII. Other relevant provisions As already mentioned above the Ceorgian Covernment took a step forward to t'urther develop the juvenile justice system. Therefore, the Parliament of Georgia adopted Georgia's first standalone and specialized Juvenile Justice Code on June 12, 2015, which came to an effect snce January 2016. The new Code expands the alternatives to criminal prosecution, such as diversion and mediation, and diversifles the sanctions available to judges to ensure that detention and imprisonment are used only as measures of last resort as derived f'rom the principle of the best interests ofthe child and other intemational standards under the UN Convention on the Rights of the Child and relevant international instruments. 47