Right to Assistance and Support

Victims have the right to assistance and support as soon as the competent authorities have reasonable grounds to believe that these persons may have been the subject of the crime of human trafficking.

Assistance must include at least:

appropriate and safe temporary accommodation,
provision of personal hygiene items and food,
psychological and material assistance,
access to emergency medical services,
translation services,
counseling and information regarding legal rights and available services destined for victims,
legal assistance for the defense of their rights and interests during the criminal proceedings,
access to education, in the case of children.

The mentioned assistance is targeted and integrated for victims with special needs, such as victims of sexual violence, victims of gender-based violence.

Unconditional provision of assistance and support.

The assistance and support provided to the victim are not conditional on their willingness to cooperate with law enforcement agencies, to make statements, and to participate in the prosecution of traffickers – Art. 20 para. 4 of Law no. 241 of 2005 on preventing and combating trafficking in human beings. The Criminal Procedure Code in Art. 58 para. 8 provides for the victim’s right not to appear when summoned by the criminal investigation body or the court to give the requested explanations in the case of human trafficking.

Assistance and support can only be provided with the victim’s informed consent.

Identification of victims

To ensure victims’ access to services, the competent public authorities, together with non-governmental organizations concerned with this field, are obliged to take measures to facilitate the identification of victims of human trafficking (Art. 15 of Law no. 241/2005 on preventing and combating trafficking in human beings).

Informing the victims

Victims have the right to information from the first contact with the competent authorities (such as local public authorities that provide social services, police, courts, employees of Assistance and Protection Centers, etc.). When providing information, the possible effects of psychological trauma must be taken into account, as well as the person’s cognitive abilities (level of education and understanding).

Victims have the right to translation and interpretation services, if applicable.

Victims have the right to information regarding their status, their rights, and relevant judicial and administrative procedures, including access to information regarding available remedies.

Victims have the right to information regarding:

the type of services or organizations they can turn to for support;
the type of assistance they can receive;
where and how they can file a complaint or make a request;
the stages of the procedure following the filing of the complaint and the victim’s role within them;
the manner and conditions under which they can obtain protection;
the extent to which and the conditions under which they have access to legal counseling, legal assistance, or any other form of counseling;
the requirements for being entitled to compensation;

The transparency of procedures and the accuracy of information are extremely important aspects. The victim must receive complete and accurate information to enable them to make informed decisions at all stages of the assistance provided and at all stages of the proceedings in which they take part.

Law enforcement agencies should exercise due diligence and inform the victim about the stage and disposition of the proceedings at the criminal investigation and judicial examination stages. This information can also be provided by the lawyer who grants legal counseling to the victim.

The right to free psychological and social assistance

Psychological and social assistance can be provided both by the specialized staff of the Assistance and Protection Centers for victims of human trafficking established by Law 241/2005 on preventing and combating trafficking in human beings (Art. 17), and by the local public authorities from the place of residence which, through the territorial structures of social assistance (Art. 10 para. 4) lit. b) of Law 241/2005 on combating and preventing trafficking in human beings and articles 6-10 of Law 137/2016 regarding the rehabilitation of crime victims, provide victims of human trafficking with information and counseling, granting them the facilities provided by law for socially marginalized persons;

Psychological and social assistance can also be provided by non-governmental organizations, independently or in cooperation with public authorities.

The person presumed to be a victim of human trafficking, in the process of verifying their status, benefits from social benefits and services in accordance with the identified needs, provided by the institutions of the Ministry of Health, Labor and Social Protection within the limits of the services and support granted for the category of disadvantaged persons or families in a situation of difficulty.

The right to medical assistance.

Medical assistance is free and guaranteed for victims of human trafficking within the Assistance and Protection Centers for victims of human trafficking and in the medical institutions established by the Ministry of Health, Labor and Social Protection. (Articles 16, 17 and 20 of Law no. 241/2005).

The person presumed to be a victim of human trafficking, in the process of verifying their status, benefits from the minimum package of medical assistance provided by the institutions of the Ministry of Health, Labor and Social Protection for vulnerable categories.

The right to a reflection period

According to the Law on combating human trafficking (Art. 20 para. 4), victims of human trafficking benefit from an accommodation and reflection period of up to 30 days during which they will receive assistance and protection that will include accommodation and personal hygiene services, food, legal, social, psychological, and emergency medical assistance.

This period must allow the person concerned to recover, escape the influence of traffickers, and/or make an informed decision regarding cooperation with the competent authorities.

During this period, no expulsion measure may be enforced against victims of human trafficking who are foreign citizens.

The right to protection of private life

Victims have the right to the protection of their identity and private life. A major fear of most victims is related to the fact that their identity and facts may become publicly known, especially when they have been trafficked in the sex industry. Public exposure can lead to stigmatization and social rejection and can constitute an obstacle to socio-familial reintegration.

Protection against the violation of the right to private life is important at any stage of the proceedings. If the victim, for example, prefers not to inform close persons (family, partner, friends, neighbors, community) about the unpleasant situation they are in, this wish must be respected at all times. Contact with the victim must be made in a manner that respects this wish.

The victims’ personal data may be collected from the victims only for specific, explicit, and legitimate purposes and within the framework of the competent authorities’ tasks and may only be processed for the purpose for which they were collected. Data processing must be lawful, adequate, relevant, and non-excessive (in relation to the purposes for which they were collected).

According to the provisions of Art. 21 of Law no. 241/2005 on preventing and combating human trafficking, “It is prohibited to spread information about the private life and identity of the victim of human trafficking and about the conditions in which they were trafficked. Disclosing information about safety measures and confidential data about victims of human trafficking, as well as disclosing information about the criminal prosecution and the security measures applied to the participants in the criminal trial, are punished in accordance with criminal and contraventional legislation.”

No public disclosure is allowed (including through the press or TV media) regarding the identity and private life of victims of human trafficking; on the contrary, they must be respected and protected as much as possible.

Trafficked persons must be properly and beforehand warned about the inherent difficulties in protecting their identity, without false or unrealistic promises regarding the law enforcement agencies’ capabilities in this regard (ECHR Principles and Guidelines).

The victims’ personal data must be deleted or anonymized when they are no longer necessary for the purpose for which they were collected.

Social reintegration of victims of human trafficking

For the purpose of social reintegration of victims into a normal way of life, employment agencies, together with territorial social services and non-governmental organizations, will provide all the necessary support to the victim in employment;

Employment agencies prioritize victims of human trafficking with free services of labor mediation, vocational information and counseling, vocational guidance and training, as well as consultancy and assistance in starting an entrepreneurial activity according to the provisions of Law no. 241/2005 on preventing and combating human trafficking, (Art. 10 para. 4 and Art. 18 para. 2)) as well as Law no. 102/2003 on employment and social protection of persons looking for a job.

Vocational Integration

Victims of human trafficking have the right to benefit “with priority” from the services of Employment Agencies in receiving vocational training services.

Victims of human trafficking have the right to attend a free vocational training course, financed from the unemployment fund. During their studies, they benefit from accommodation and scholarships from the Employment Agency (Art. 18 of Law 241/2005 on preventing and combating human trafficking).

The right to school reintegration of minor victims

The reintegration of student victims of human trafficking into the state educational system is guaranteed under the conditions of the Education Code of the Republic of Moldova as well as Law 241/2005 (Art. 29 para. (9)).

Temporary, permanent residence permit

Victims of human trafficking with the citizenship of another state can benefit from the right of temporary residence of up to 6 months even if they entered the country illegally.

The right to have an application for a residence permit examined is based on the following criteria (conditions that the victim must meet):

– the victim’s presence is necessary for the purpose of the investigation or judicial procedure;

– the victim must show a clear willingness to cooperate with the competent authorities in identifying and holding criminally liable the participants in the commission of the crime of which they are a victim;

– the victim has severed all relations with the person or persons who committed the crime of human trafficking;

– the victim would not represent a risk to public order or public security.

The residence permit can be renewed on the basis of the same conditions for a period of 6 months if the mentioned criteria are maintained. Under general conditions, after the expiration of the 6-month period, the victim can also opt for a permanent residence permit.

The right of temporary residence for victims of human trafficking can be revoked (withdrawn) in one of the following situations:
the victim has voluntarily resumed and actively maintains contact with the persons suspected of committing the crime;
the competent authorities consider the victim’s cooperation to be fraudulent or consider their complaint to be fraudulent or unfounded;
the stay of the foreign victim on the territory of the country presents a danger to national security and/or public order;
the victim has ceased to cooperate within the criminal trial;
the criminal trial was terminated due to the lack of a crime.

Repatriation of victims of human trafficking

The Republic of Moldova contributes to the repatriation, taking into account the need to ensure their security, of victims of human trafficking who are its citizens and stateless persons who had the right to reside permanently in the Republic of Moldova until the acts of human trafficking were committed.

As soon as they have received information about the presumed victim, the competent authorities verify the information about the citizenship of the person in question, issue travel documents or any other document necessary for repatriation free of charge, and provide assistance in repatriation to the country, which includes supporting transportation costs.

In the case of minor victims, repatriation to the country is assisted by an escort appointed by the competent authorities.

The repatriation of victims takes place only with the victim’s consent, expressed in an informed manner and in written form when possible.

The right to physical protection.

Victims of human trafficking may benefit, upon request, from protection from the Ministry of Internal Affairs if they are parties to the criminal trial brought against the traffickers in the event that there is a real state of danger regarding the life and health of the victim and their relatives. By the decision of the court, the victim is included in a witness protection program and can benefit from special protection measures that may include: providing personal, home, or property security; identity change, installing an alarm system at the home, or other protection measures provided by the Law on witness protection.
Within the Assistance and Protection Centers for victims of human trafficking, victims benefit from safe accommodation. The security of accommodated persons is ensured by state security services contracted for this purpose.