Criminal Prosecution of Trafficking in Human Beings

Trafficking in Human Beings is defined as the recruitment, acquisition, retention, concealment, transportation, transfer, delivery, or receipt of persons for the purpose of exploitation, by means of the threat or use of force, coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or other benefits, privileges, or concessions in order to obtain the consent of a person having control over another person. (The recruitment, acquisition, retention, concealment, transportation, transfer, delivery, or receipt of a child for the purpose of exploitation shall be considered trafficking in human beings even if none of the means set forth in this Article is used.)

Liability for Trafficking in Human Beings

Persons involved in trafficking in human beings shall be held criminally liable in accordance with the legislation of the Republic of Azerbaijan.

Any act or omission by an official that may create conditions conducive to trafficking in human beings shall entail liability in accordance with the legislation of the Republic of Azerbaijan.

Foreign nationals and stateless persons who are suspected of having links to trafficking in human beings shall not be permitted entry into the territory of the Republic of Azerbaijan, and any entry visas issued to them shall be revoked.

Confiscation and Use of Property Obtained Through Trafficking in Human Beings

All property obtained through trafficking in human beings (including immovable property, monetary funds, securities, and other assets) shall be confiscated by a court decision in accordance with the procedure established by law and transferred to the specially established Assistance Fund for Victims of Trafficking in Human Beings.

The resources accumulated in the Assistance Fund for Victims of Trafficking in Human Beings shall be directed toward the payment of compensation to victims, their social rehabilitation, and the coverage of medical and other necessary expenses.

Transparency shall be ensured in the management and expenditure of the resources of the Assistance Fund for Victims of Trafficking in Human Beings. The legal framework governing the activities of the Assistance Fund for Victims of Trafficking in Human Beings shall be determined by the relevant executive authority of the Republic of Azerbaijan.

Compensation for Damage Suffered by Victims of Trafficking in Human Beings

Courts adjudicate matters relating to the compensation of material and moral damage suffered by victims of trafficking in human beings.

Compensation for damage suffered by victims of trafficking is paid, in accordance with procedural legislation, from the property of the traffickers. Where such property is insufficient, compensation may, on the basis of a court decision, be paid from the resources of the Assistance Fund for Victims of Trafficking in Human Beings.

Specific Features of the Examination of Cases Related to Trafficking in Human Beings

Criminal cases relating to trafficking in human beings, as well as cases concerning compensation for damage resulting from trafficking, may, upon the application of the victim of trafficking in human beings and in accordance with the legislation of the Republic of Azerbaijan, be examined in closed court proceedings pursuant to a court decision.

For the purpose of ensuring the safety of victims of trafficking, preventing any influence on them by traffickers, and taking into account the physical and psychological condition of victims of trafficking, they may provide testimony during the court hearing through technical means (videoconferencing, video recording, etc.)

Liability of Legal Entities for Trafficking in Human Beings

A legal entity (including its branch or representative office) operating within the territory of the Republic of Azerbaijan may be dissolved by a court decision in accordance with the procedure established by the legislation of the Republic of Azerbaijan for its involvement in trafficking in human beings.

When a legal entity determined to be involved in trafficking in human beings is dissolved in accordance with the legislation of the Republic of Azerbaijan, its assets shall be transferred to the Assistance Fund for Victims of Trafficking in Human Beings.

Jurisdiction of the Republic of Azerbaijan over Crimes Related to Trafficking in Human Beings

Citizens of the Republic of Azerbaijan, foreign nationals, and stateless persons who commit crimes related to trafficking in human beings shall be held criminally liable under the Criminal Code of the Republic of Azerbaijan, regardless of where the crimes are committed.

Legal Assistance in Criminal Cases Related to Trafficking in Human Beings

Legal assistance in criminal cases related to trafficking in human beings shall be provided in accordance with the international treaties to which the Republic of Azerbaijan is a party and in accordance with the legislation of the Republic of Azerbaijan on legal assistance in criminal cases.

Extradition of Persons Having Committed Human Trafficking Offenses

Traffickers and other persons involved in the commission of acts related to human trafficking may be extradited to a foreign state for the purpose of criminal prosecution or the execution of a sentence, in accordance with the legislation of the Republic of Azerbaijan and the international treaties to which the Republic of Azerbaijan is a party.

The prosecution of human trafficking is codified in the Criminal Code of the Republic of Azerbaijan as follows:

Article 144-1. Human Trafficking

144-1.1. Trafficking in human beings – recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a person by means of threat or use of force, intimidation or other means of coercion, abduction, fraud, deception, abuse of power [influence] or a position of vulnerability, or by giving or receiving payments or benefits, privileges or concessions to achieve the consent of a person having control over another person, for purposes of exploitation – is punished with the deprivation of liberty for a term 5 up to 10 years. 144-1.2. The same acts:

144-1.2.1. When committed against two or more persons;

144-1.2.3. When committed against a person under mature age;

144-1.2.4. When committed against a pregnant woman overt for an accused person;

144-1.2.4-1.When committed by transporting victim of human trafficking through the state border of the Republic of Azerbaijan;

144-1.2.5. When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization);

144-1.2.6. When committed by an accused person through abuse of power;

144-1.2.7.When committed by using force that is dangerous for life and health and/or a threat of using such force;

144-1.2.8. When committed by torturing the victim or treating that person in a cruel, inhuman way or disparaging the dignity of a person;

144-1.2.9. When committed on the purpose of using organs and tissues of the victim – is punished with the deprivation of liberty for a term from 8 up to 12 years.

144-1.3. If the actions mentioned in articles 144-1.1 and 144-1.2 of this code result with death or other severe results for victim because of imprudence – is punished with the deprivation of liberty for a term from 10 up to 15 years.

Note: 1. In this article “exploitation of a human being” is understood as a forced labor (service), sexual exploitation, servitude, servitude like habits and dependence coming from those treatments, illegal removal of human organs and tissues, illegal biomedical researches on a person, use of a woman as a surrogate mother, involvement in illegal as well as in criminal activity.

2. Consent of the victim of trafficking in human beings, her life style, as well as immoral behavior can no longer be considered as a case mitigating a punishment of a person accused in trafficking in human beings.

3. Recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a minor for purposes of exploitation shall be considered as trafficking in human beings even if the means set forth in article 144-1.1 of this code are not used.

Article 144-2. Forced labor

Forcing to fulfill any job (service) by threatening, using force or a threat of using force, as well as restricting freedom of a person except for special cases identified through legislation – is punished with the deprivation of liberty for a term from 4 up to 8 years.

The same acts:

144-2.2.1. When committed against two or more persons;

144-2.2.2. When committed repeatedly;

144-2.2.3. When committed against a person under mature age;

144-2.2.4. When committed against a pregnant woman overt for an accused person;

144-2.2.5. When committed by an accused person through abuse of power;

144-2.2.6. When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization) – is punished with the deprivation of liberty for a term from 7 up to 10 years.

144-2.3. If the actions mentioned in articles 144-2.1 and 144-2.2 of this code result with death or other severe results for victim because of imprudence – is punished with the deprivation of liberty for a term from 9 up to 12 years.

Article 144-3. Illegal Actions with Documents for the Purpose of Human Trafficking

144-3.1. Forgery of a person’s identity card, passport, or any other identity document, or of a travel (border-cross) documents with the purpose of human trafficking – is punished by deprivation of liberty for a term from 1 up to 3 years.

144-3.2. Providing a trafficker or a victim of human trafficking with a forged identity card, passport, or other identity document, or with forged travel (border-cros) documents with the purpose of human trafficking – is punished by deprivation of liberty for a term from 1 up to 3 years.

144-3.3. Obtaining forged identity cards, passports, or other identity documents, or forged travel (border-cross) documents with the purpose of providing them to a trafficker or a victim of human trafficking – is punished by deprivation of liberty for a term from 1 up to 3 years.

144-3.4. Taking, retaining, concealing, damaging, or destroying any person’s identity card, passport, or other identity document, or a travel (border-crossing) document for the purpose of human trafficking – is punished by deprivation of liberty for a term from 2 up to 4 years.

Article 316-1. Disclosure of Confidential Information Concerning a Victim of Human Trafficking

316-1.1. The unlawful collection or intentional dissemination of confidential information concerning a victim of human trafficking – is punished by by a fine in the amount of 500 to 1.000 manats, or by community service for a term from two hundred forty up to four hundred eighty hours, or by correctional labor for a term of up to one year.

316-1.2. The same acts committed by a person through abuse of his or her official position – is punished by a fine in the amount of 1.500 to 3.000 manats, or by correctional labor for a term of up to one year, or by deprivation of liberty for a term of up to six months.

316-1.3. The same acts resulting in grave consequences – is punished by deprivation of liberty for a term of one to five years.

Note: For the purposes of this Article, “confidential information” shall mean any data, the disclosure of which may endanger the life or health of a victim of human trafficking, his or her close relatives, or persons assisting in combating human traffickicking.