YOUR RIGHTS

If somebody forced you to work against your will or under conditions that you did not choose and were not free to leave you could be a victim of trafficking. Often trafficking goes together with deceit, for example about the kind of work you would do or the conditions of work, with (threats of) violence against you or your family, or your money, your passport or other identity documents are taken away from you.

Human trafficking is prohibited by the law and a serious violation of human rights. It is important to know that what happened to you is not your fault. Victims of trafficking have the right to assistance and protection. In this section we explain what your rights are. Some of these rights are regulated by domestic laws, others arise out of international documents which the Republic of Serbia signed.

It is important to be aware of your rights and the assistance you are entitled to. This will help you to realize your rights and to insist that your rights are respected.

1. Privacy

You have the right to protection of your private life and identity. You have the right to demand that your life and identity are protected during criminal proceedings against the perpetrators and that the trial is not open to the public or the press. Only persons officially involved in your case or those providing assistance to you may have access to your personal data

2. Information

You have the right to information about your status, your rights and the relevant judicial and administrative procedures. This information should be provided to you by the professionals involved in the legal proceedings and providing you the assistance you need.

3. Protection of your physical integrity and safety

You have the right to protection of your safety. The police must examine whether your safety is in danger and ensure your security while you are in Serbia. They may not repatriate you if it has been established that you are not safe in your country of origin/legal residence.

4. Protection of your security as victim/witness

If you testify in the criminal case, you have the right to witness protection and to be treated with respect and dignity. The police and the court must protect you from threats, insults, intimidation or any other assault during and after the investigation and prosecution of the traffickers. If necessary, the court may request from the police to take special protection measures.

5. Legal assistance

You have the right to a lawyer to protect your rights, to inform you about your role in the proceedings, to defend your interests and to have your views heard and considered in the appropriate stages of the criminal proceedings against the trafficker, as well as in the course of any civil or other proceedings for compensation of the damages you suffered.

6. Non punishment

When you are a victim of trafficking, you cannot be charged or prosecuted for prostitution or other illegal acts you were coerced to commit.

7. Accommodation

You have the right to accommodation in a shelter or in an alternative accommodation.

8. Medical assistance

You have the right to free health services in as far as these are included in the health insurance scheme. These services are free of charge for foreign victims of trafficking. National victims are entitled to these services if they have a medical insurance.

9. Psychological assistance

You have the right to psychological assistance and counseling.

10. (Re)integration and social inclusion

You have the right to help to rebuild your life, for example education opportunities and support to find employment. You are entitled to be informed about such programs and join those that suit your needs.

11. Help of an interpreter

If Serbian is not your mother tongue, you have the right to an interpreter and to have all information, particularly the information about your legal rights, presented to you in a language which you understand.

Access to none of these rights may be conditioned by your cooperation with state authorities. Nobody has the right to pressure you to take part in the investigation or prosecution of the traffickers and their helpers.

If you are not a citizen of the Republic of Serbia, in addition to the above mentioned rights, you also have the following rights:

11. Humanitarian residence

If your stay in Serbia is not regulated in some other way, the police may grant you temporary residence for humanitarian reasons. You have the right to a reflection period of three months. If you decide to cooperate with the police or judicial authorities in investigating and prosecuting the trafficker or other persons involved in your exploitation, you may be granted a residence permit for six months or one year. The same goes if return to your country of origin would compromise your life and safety. The temporary residence permit may be renewed as long as the above reasons are present.

If you have a temporary residence permit you are free to move and you have access to the labor market in Serbia.

12. Return (repatriation)

If you want or need to go back to your country or the country where you lived before coming to Serbia, the Serbian authorities must enable your return without unnecessary or unjustified postponement and while taking care of your safety.

If you don’t have the necessary documents for your return, the authorities of your country must issue the necessary travel or other documents to allow you to return.

These rights belong to you as a victim of trafficking in human beings regardless of how and why you ended up in this situation.