serious crimes, such as rape. Section 233, however, posed significant challenges for practitioners due to its
complex wording and scope of application. As a result, law enforcement officials and prosecutors often pursued
prosecutions for offenses that were easier to prove than coercion in labor trafficking. Tracking of trafficking
convictions was limited by a record-keeping system that did not record convictions as having involved trafficking
when an accompanying criminal charge had a higher statutory sentence than the trafficking statute.
Government-reported statistics continued to reveal convicted traffickers frequently avoided imprisonment, creating
potential safety problems for trafficking victims, weakening deterrence, and undercutting law enforcement efforts
of police and prosecutors.
In 2013, the most recent year for which comprehensive statistics were available, state and federal authorities
completed 425 sex trafficking investigations, compared with 491 in 2012. Authorities prosecuted 118 defendants for
sex trafficking in 2013, compared with 142 in 2012. Courts convicted 77 sex traffickers in 2013, compared with 115
in 2012, and suspended prison sentences for the vast majority of convicted traffickers. Most convicted traffickers
received lenient prison sentences that were suspended due to a provision in the criminal code allowing the
suspension of assigned prison terms of less than two years, particularly for first-time offenders. Of the 77 sex
traffickers convicted, only 17 were sentenced to prison, receiving sentences between two and 10 years. The
government investigated 53 labor trafficking cases in 2013, compared with 11 in 2012. Authorities prosecuted 15
alleged labor traffickers in 2013, compared with 16 in 2012. Fourteen of these offenders were convicted, compared
with 10 in 2012. None of the 14 convicted labor traffickers were imprisoned. Whereas sex trafficking cases were
frequently led by prosecutors with experience leading victims through trial processes, labor trafficking cases were
mostly assigned to financial or economic crime sections with less experience with trafficking or victim-centered
prosecutions. NGOs and officials reported mixed experiences with the judiciary; while some judges were sensitive to
victims’ trauma, others subjected victims to repeated testimonies or made insensitive statements about their
experiences. Judges were not required to take training of any kind, including on trafficking crimes and
victim-centered procedures. Both the Federal Criminal Police and state-level police collaborated with EUROPOL and
several foreign governments, including Romania, Bulgaria, and Nigeria, to investigate trafficking cases. The German
Judicial Academy offered anti-trafficking training to prosecutors and judges.The Federal Criminal Police organized
several specialized seminars to educate investigating officers and prosecutors on trafficking topics.The government
did not report any investigations, prosecutions, or convictions of government officials complicit in human
trafficking offenses.
PROTECTION
The government maintained victim protection efforts. Authorities identified 542 sex trafficking victims in 2013,
compared with 612 in 2012; counseling centers cared for 30 percent of those identified. The government registered
61 labor trafficking victims, a significant increase from 14 in 2012. Police identified 54 percent of victims.
Requirements that officials inform immigration authorities of any undocumented migrants that come to their
attention impaired labor trafficking victim identification and led to under-reporting of trafficking
crimes.Thirteen of the 16 states had formal cooperation agreements with trafficking counseling centers, but not all
of these agreements addressed labor trafficking. NGOs, funded in
part by the government, operated counseling centers in 45 cities, providing or facilitating shelter, medical and
psychological care, legal assistance, vocational support, and other services largely for adult female sex
trafficking victims. Trade union-affiliated and migrant counseling centers coordinated with trafficking NGOs and
the partially federally funded labor alliance to offer support to labor trafficking victims. Many state governments
provided significant supplemental funding for the support of victims, but long-term financial funding was
scarce.
The government offered undocumented victims a reflection period of three months to decide if they wanted to testify
in court, and NGOs confirmed it was applied in practice.Victims who agreed to testify were entitled to live and
work in Germany for the duration of the trial.Those who testified were normally repatriated following trials;
however, victims who faced personal injury or threats to life or freedom in their countries of origin could apply
for long-term residence permits. State interior ministries circulated instructions on the application of
humanitarian residence permits for victims. Authorities encouraged victims to participate in investigations and
prosecutions of traffickers. German law enables victims to join criminal cases as joint plaintiffs and to pursue
civil remedies; however, victims often had difficulty obtaining compensation due to inconsistent case law from
higher courts. German law also entitles victims to interpreters and to have a third-party from a counseling center
to accompany them to all interviews.The law permits exemption of trafficking victims from criminal prosecution for
minor crimes they committed during the course of their trafficking experience; however, German prosecutors
anecdotally described issuing small or “suspended” fines to some victims for crimes such as narcotics
possession.
PREVENTION
The government maintained efforts to prevent trafficking. Labor trafficking was not as highly prioritized as sex
trafficking, but the government continued to increase steps to assess labor trafficking in the country and improve
policy to address forced labor through a partially federally funded labor alliance conducting research, raising
awareness, and providing victim identification training. The Federal-State Working Group on Trafficking in Persons
reviewed counter-trafficking issues, disseminated best practices, provided input to new laws and directives, and
collaborated with a variety of coordination bodies at the state and local levels.The government supported a variety
of coordination initiatives. In one such initiative, the North Rhine-Westphalia Roundtable on Prostitution
published and provided the government with a report making recommendations to improve legislative requirements for
police investigations and protections for people in prostitution.The Federal Agency for Migration and Refugees
conducted trainings and created standard operating procedures on handling and reporting suspected trafficking cases
in response to the increasing number of trafficking victims within the asylum system. The government in cooperation
with one NGO continued to hold informational events and annual in-person interviews with domestic workers employed
by embassies in Berlin without the presence of their employers.The government sustained funding for public
awareness campaigns in Germany and abroad.
The German Federal Criminal Police continued to publish an annual report on trafficking in Germany, describing law
enforcement efforts, victim trends, and challenges in addressing the crime.The government continued to lack a
national rapporteur to provide independent, self-critical analysis of the government’s efforts
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