Prevod: EVROPA BLED d.o.o. Cilka Demšar, 27.9.2003.

Sporazum o sodelovanju Cooperation Agreement

Society "KLJUČ", Centre for the fight against trafficking in human beings, Cesta Andreja Bitenca 68, Ljubljana, represented by Katjuša Kodele Kos, the President

and

Ministry of the Interior of the Republic of Slovenia, represented by Dr. Rado Bohinc, Minister

(hereinafter: Parties to the Agreement)

hereby enter into

Cooperation Agreement in the field of providing help to the victims of trafficking in human beings in the Republic of Slovenia

Introduction

The Parties hereby establish that the Minister of the Interior Dr. Rado Bohinc in July 2003 on behalf of the Republic of Slovenia signed "Statement of Commitment: Legalization of the status of victims of trafficking in human beings" by which Slovenia has undertaken to provide help and protection as well as a suitable legal status to the victims of trafficking in human beings.

Further on the Parties to the Agreement establish that pursuant to the Decree on common basis and criteria for the organization and job systematization in state administration bodies, and in accordance with the decisions of the Government of the Republic of Slovenia, adopted at the 12th session, on 6 December 2001 the Ministry of Foreign Affairs set up a professional and advisory body – Inter-ministerial Task Force for the fight against trafficking in human beings.

Parties to the Agreement shall agree that the Inter-ministerial Task Force has set, as one of its priority tasks, providing all kinds of help to the victims of trafficking in human beings in the Republic of Slovenia, particularly to those who are willing to testify in criminal proceedings, and for this purpose it has charged "Society KLJUČ – Centre for the fight against trafficking in human beings" with establishing a special safe place for the victims of trafficking in human beings, and as an integral part of this Project, also entering into formal cooperation agreements between the Society and all competent governmental and non-governmental organizations who come in contact with the victims of trafficking in human beings in any way.

Parties to the Agreement establish that due to legal, professional and human dealing with the victims of trafficking in human beings they should enter into Cooperation Agreement in the field of providing help to the victims of trafficking in human beings in the Republic of Slovenia, which will provide sufficient protection mainly to the victims of trafficking in human beings who are not citizens of the Republic of Slovenia.

Parties to the Agreement shall regard as trafficking in human beings each purchase, collection, accommodation, transport, sale, delivery or other use of people for prostitution and other forms of sexual abuse, forced labour, scab work, slavery and servanthood, and intermediation in any of the above actions, and they agree to pay special attention to the cases, committed by organized criminal groups.

Parties to the Agreement undertake to understand and interpret all the provisions of the concluded Cooperation Agreement in the field of providing help to the victims of trafficking in human beings in the Republic of Slovenia in the interest of the victims of trafficking in human beings and their fundamental rights, freedoms and needs first, and only then the interests of participants in the proceedings, those victims participate in, and in accordance with this they shall agree as follows:

Article 1

The organizational units of the Ministry of the Interior, which establish, during the proceedings they are competent for, that they are dealing with the victims of trafficking in human beings, shall immediately inform Society "KLJUČ" at the emergency telephone number 031 613 000, and provide the victims with the materials on possible type of help, provided by Society "KLJUČ".

Article 2

The materials, referred to in the preceding article, shall be available in particular to all the users of the Asylum Home, where also a special box is placed for messages for Society "KLJUČ".

Article 3

In case victims of trafficking in human beings are accommodated in the Society "KLJUČ" safe place, they are issued a certificate on the basis of which the competent body allows them to stay in the Republic of Slovenia for the period of three months (recovery period) pursuant to Aliens Act Article 52 second paragraph second indent (OJ RS No. 108/02).

Article 4

In case victims of trafficking in human beings are accommodated in the Society "KLJUČ" safe place, and they were accommodated in the Asylum Home before, they are entitled to the same rights as displaced asylum seekers under Asylum Act (OJ RS No. 61/99).

Society "KLJUČ" and Asylum Home shall agree about the way of serving letters to asylum seekers who are, as victims of trafficking in human beings, accommodated in the safe place, as well as about the hearing of those persons in the procedure of granting refugee status.

Article 5

The decision allowing staying under this Agreement Article 3 is issued to the victims of trafficking in human beings under compulsory powers or on the basis of their request; pursuant to Aliens Act Article 55 during the time of allowed stay the victims are entitled to the right of primary health care in accordance with law.

Article 6

When the recovery period has ended, victims of trafficking in human beings, whose identity has been indisputably established, and on the basis of the statement by the Office of the State Prosecutor General of the Republic of Slovenia that the victim is willing to testify in criminal proceedings as a witness and that his/her testifying is important for the criminal proceedings, and the statement by Society "KLJUČ" that these persons are provided with health insurance and sufficient means of subsistence, and on the basis of their request, they are issued with the provisional residence permit for the period of one year under Aliens act Article 40.

Article 7

The permit referred to above, is served to the victims of trafficking in human beings at the administrative unit in whose territory the victim resides.

Article 8

In case the criminal proceedings in which the victim participates as a witness has not finished when the provisional residence permit expires, the validity of permit may be extended until the end of the criminal proceedings subject to the renewal of statements referred to in Article 6.

Article 9

When the criminal proceedings in which the victim participated as a witness, has finished, the validity of the provisional residence permit under Aliens Act Article 40 may be prolonged for one more time subject to the request accompanied by the certificate by Society "KLJUČ" that the person has participated in the rehabilitation programme.

Article 10

In case a victim of trafficking in human beings was convicted for crime by a final judgment during the validity of the provisional residence permit, the administrative unit takes into account the seriousness of crime and sentence in the procedure of issuing the provisional residence permit and assesses whether there is a reason for danger for public policy, preventing the issuance of such permit.

Article 11

In case a victim abuses the granted rights, in particular when he/she is not willing to participate in criminal proceedings anymore, Office of the State Prosecutor General of the Republic of Slovenia informs Society "KLJUČ", which informs the administrative unit, which may cancel the provisional residence permit.

Article 12

When a victim of trafficking in human beings who is accommodated in a safe place arbitrarily leaves the latter, or abuses its hospitality in any other way, returns to the place where he/she was the victim of trafficking in human beings, or jeopardizes its safety, Society "KLJUČ" refuses to provide him/her the accommodation in the safe place.

In case of a victim who is allowed to stay in the Republic of Slovenia the body, which issued the permit, is informed, and in case of a victim who has obtained provisional residence permit, the Office of the State Prosecutor General of the Republic of Slovenia is informed.

Article 13

Within 7 days of signing this Agreement the parties appoint contact persons for its implementation and inform also the Office of the State Prosecutor General of the Republic of Slovenia.

In case Parties to the Agreement appoint new contact persons, they shall inform each other within 7 days, and they inform also the Office of the State Prosecutor General of the Republic of Slovenia.

Article 14

This Agreement shall be applicable on the eighth day of signing thereof, and the Parties to the Agreement may propose amendments at any time.

Society "KLJUČ" MINISTRY OF THE INTERIOR

Katjuša Kodele Kos Dr Rado Bohinc

President Minister