HUMAN TRAFFICKING AND ORGANISED CRIME
European Institute forCrime Prevention and Control,affiliated with the United Nations(HEUNI)P.O.Box 444FIN-00531 HelsinkiFinlandPublication Series No. 62Minna Viuhko and Anniina JokinenHUMAN TRAFFICKING AND ORGANISED CRIMETrafficking for sexual exploitation and organised procuring in FinlandHelsinki 2009
Copies can be purchased from:Academic BookstoreP.O. Box 128FIN-00101 HelsinkiFinlandWebsite: http://www.akateeminen.comISBN 978-952-5333-76-3ISSN 1237-4741Printed by Hakapaino Oy, Helsinki, Finland2Criminal Justice PressP.O.Box 249, Monsey, NY m
CONTENTS1. INTRODUCTION. 62. RELEVANT CONCEPTS AND LEGISLATION . 82.1 TRAFFICKING IN HUMAN BEINGS . 82.2 HUMAN SMUGGLING. 112.3 ORGANISED CRIME . 122.4 PROSTITUTION AND PROCURING . 143. THE CURRENT SITUATION IN FINLAND. 183.1 SHORT HISTORY OF COMBATING HUMAN TRAFFICKING . 183.2 TRAFFICKING IN HUMAN BEINGS CASES . 213.3 PROSTITUTION IN FINLAND . 223.4 PROCURING IN FINLAND . 243.5 ORGANISED CRIME IN FINLAND . 284. DATA AND METHODS . 314.1 THE ANALYTICAL MODEL . 314.2 THE DATA . 324.3 EXCERPTS FROM THE DATA . 39THE RECRUITMENT PHASE. 435. RECRUITING THE WOMEN TO FINLAND . 435.1 WHO ARE THE VICTIMS? . 435.2 RECRUITING THE WOMEN: METHODS OF RECRUITMENT . 475.3 THE QUESTION OF CONSENT AND USE OF DECEPTION IN THE RECRUITMENT PHASE . 495.4 SUMMARY . 52THE TRANSPORT PHASE . 536. TRANSPORTING THE WOMEN TO FINLAND . 536.1 FINLAND AS A TRANSIT COUNTRY – .THE CASE OF THE GEORGIAN WOMEN AS AN EXAMPLE . 536.2 THE PROBLEM OF DISTINGUISHING BETWEEN HUMAN TRAFFICKING, .ARRANGEMENT OF ILLEGAL IMMIGRATION AND TOURISM . 556.3 TRAVELLING ROUTES TO FINLAND . 576.4 TRAVEL ARRANGEMENTS . 586.5 THE ORGANISATION BEHIND THE TRANSPORT . 616.6 SUMMARY . 62THE PROCURING PHASE . 637. CRIMINAL NETWORKS AND THEIR STRUCTURE . 647.1 THE ORGANISED CRIME CONTEXT . 647.2 CRIMINAL NETWORKS AND THEIR STRUCTURE . 657.3 DURATION OF THE ACTIVITY AND THE PROFIT MADE . 707.4 OTHER ACTIVITIES. 717.5 POLICE ACTIVITIES AND PRECAUTIONS TAKEN BY THE CRIMINALS . 733
8. DIFFERENT ACTORS ENGAGED IN PROCURING.768.1 CRIMINAL ACTORS .768.2 LEGAL AND SEMI-LEGAL ACTORS .818.3 AUTHORITY INVOLVEMENT AND CORRUPTION .849. SEX BUYERS .869.1. CHARACTERISTICS OF SEX BUYERS .869.2 THE LAW ON SEX PURCHASES AND THE DEMAND FOR PROSTITUTION .889.3 RECENT CHANGES .9110. MARKETING AND TRADING PLACES.9410.1 MARKETING .9410.2 TRADING PLACES .9610.3 PRICES OF THE SEXUAL SERVICES.10211. METHODS OF CONTROLLING THE WOMEN.10511.1 FINANCIAL CONTROL .10511.2 LIMITS AND RULES .10811.3 VIOLENCE AND THREATS .11011.4 SUMMARY OF THE PROCURING PHASE .11312. VIEWS ON VICTIM SERVICES AND TRAFFICKING LEGISLATION .11612.1 VICTIMS .11612.2 VICTIM SERVICES .11812.3 TRAFFICKING LEGISLATION.12213. SUMMARY AND CONCLUSIONS .12513.1 SUMMARY OF THE MAIN FINDINGS .12613.2 CONCLUSIONS AND DISCUSSION .130DATA.134REFERENCES .136APPENDIX.1434
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1. IntroductionResearch on human trafficking and organised crime is relatively rare inFinland. During the recent years human trafficking, procuring and prostitutionhave been studied i.a. in a legal perspective (Roth 2007a; 2007b; 2008), inrelation to cross-border prostitution (Marttila 2004; 2005a; 2005b; 2006;2008), and in the context of commercialisation of sex (Jyrkinen 2005). Theproblems of identifying the victims of human trafficking (Putkonen 2008) andtrafficking in women and illegal immigration (Lehti and Aromaa 2003) havealso been examined, as well as the effects of globalization on the sex industryin Finland (Penttinen 2004). In addition, Finnish sex-workers (Kontula 2008),prostitution in Northern Finland (Skaffari and Urponen 2004; Korhonen 2003),sex bars (Lähteenmaa and Näre 1994; Näre and Lähteenmaa 1995; Näre 1998),and sex buyers (Keeler & Jyrkinen 1999) have been the focus of recentresearch. Also organised pandering and prostitution in Finland was studied inthe beginning of the 2000s (Leskinen 2003). Organised crime is scrutinised byJunninen (2006) and Bäckman (2006). However, the connection betweenhuman trafficking and organised crime has not been a central focus of anyspecific recent study in Finland. It also seems that prostitution and procuringmarkets have changed during the recent years and because of this, new studieson the issue are needed.Although human trafficking, prostitution and organised crime have beenresearched extensively in the global context, in this report we refer mainly tothe earlier Finnish studies. The aim is to provide a comprehensive view of theFinnish prostitution-related human trafficking situation in the context oforganised crime. We approach the topic from a sociological perspective andwith qualitative methods. This study covers the first decade of the 21st century1.The background of this report is based on a three-country study on the linksbetween organised crime and trafficking in human beings for the purpose ofsexual exploitation in Sweden, Finland and Estonia (see Brottsförebygganderådet 2008). A joint project was launched by the Swedish National Council forCrime Prevention (Brå), the Estonian Institute of Law at Tartu University andthe European Institute for Crime Prevention and Control, affiliated with theUnited Nations (HEUNI) in Finland in 2007. The project was co-financed bythe AGIS-programme of the European Commission2 and coordinated by Brå.The following report is based on the Finnish country report that was preparedas part of the three-country study. It is an extended version of the originalFinnish country report written for the three-country project(Brottsförebyggande rådet 2008) and thus deals only with the results of theFinnish study. The original report was structured according to the same outline1In practice, the data deals mainly with the years 2000 2007.2JLS/2006/AGIS/0196
in all three countries and this extended version follows the same outline ingeneral, but the structure has been revised for national purposes. Theframework of the study (for data collection, analysis and writing the report)was a conceptual model (see appendix 1), provided by the project coordinatorBrå and modified by the project group. The conceptual (or analytical) modeldetermined largely the issues that have been studied, and the ways this wasdone (the model is described in detail in chapter 4).The objective of this study was to map the role of organised crime in humantrafficking for sexual exploitation i.e. prostitution-related trafficking inpersons. Since we started examining organised crime in the first place, we havethus concentrated on analysing criminal organisations/networks, the different(criminal) actors involved in the trafficking and procuring activities, and thetrafficking process. The trafficking process begins in the source country, i.e. inthe country where the victims are recruited. After the victims have beenrecruited, they travel through potential transit countries to the destinationcountry where they are exploited. These activities were studied as achronological process, in which the trafficking victims are recruited in thesource country and transported to the destination country (in this studyFinland) in order to use them in prostitution.We start this report by describing the relevant concepts and legislation (chapter2). Next, we present a general overview of the Finnish trafficking situation. Asa background, we also provide information on the organised crime, prostitutionand procuring situation in Finland (chapter 3). In chapter four, we present ourdata, the data collection and methods of analysis. We also provide a briefoverview of some of the most relevant trafficking in human beings andpandering cases in the 2000s in Finland.In chapters 5–12, we present the results of our analysis. We cover the processof human trafficking chronologically beginning with the recruitment phase(chapter 5), continuing to the transportation (chapter 6) and finally to theprocuring phase (chapter 7–11; see description of the trafficking process and itsdifferent phases in chapter 4). In chapter 7 criminal organisations/networks aredescribed, continuing with the discussion of the role of different actorsinvolved in human trafficking and procuring activities (chapter 8). Afterpresenting the other actors, we discuss the sex buyers and their role (chapter 9).Then marketing and trading places are portrayed (chapter 10). Finally, the issueof methods of controlling the procured women is examined (chapter 11). Afterthese chapters, we also discuss different opinions and views on the legislationand the victim support system (chapter 12). Finally, we present the conclusionsof the study (chapter 13).7
2. Relevant concepts and legislationSeveral different terms are used in this study to describe the multifaceted andcomplex phenomenon of trafficking in human beings for the purpose of sexualexploitation. As the focus of this study is on human trafficking for sexualexploitation and the context is organised crime, the most essential concepts forthis study are trafficking in human beings, organised crime, procuring andprostitution. In this chapter, we provide definitions for the relevant terms usedin this study and the legislation regarding these issues.2.1 Trafficking in human beingsTrafficking in human beings is a complex term that includes trafficking forsexual exploitation as well as forced labour and the removal of organs. In thisstudy the focus is particularly on trafficking in human beings for the purpose ofsexual exploitation, not human trafficking in general.In Finland, trafficking in human beings was criminalised in 2004. The Finnishtrafficking legislation is formulated to a large extent according to the PalermoProtocol, adopted by the United Nations in 2000 in Palermo, Italy, which cameinto effect in December 2003, to Prevent, Suppress and Punish Trafficking inPersons, especially Women and Children. The convention entered into forcenationally in Finland on 7 October 2006, but the criminalisation obligationsprescribed by it had been already met before this date. (Työministeriö 2007.)According to the United Nations Convention against Transnational Organized Crime and itsProtocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women andChildren (the so-called Palermo Protocol), trafficking in human beings is defined as follows (inArticle 3):(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring orreceipt of persons, by means of the threat or use of force or other forms of coercion, ofabduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or ofthe giving or receiving of payments or benefits to achieve the consent of a person havingcontrol over another person, for the purpose of exploitation. Exploitation shall include, at aminimum, the exploitation of the prostitution of others or other forms of sexual exploitation,forced labour or services, slavery or practices similar to slavery, servitude or the removal oforgans;(b) The consent of a victim of trafficking in persons to the intended exploitation set forth insubparagraph (a) of this article shall be irrelevant where any of the means set forth insubparagraph (a) have been used;(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose ofexploitation shall be considered “trafficking in persons” even if this does not involve any of themeans set forth in subparagraph (a) of this article;(d) “Child” shall mean any person under eighteen years of age.8
Chapter 25 of the Finnish Penal Code was amended on 1 August 2004,introducing the offences of trafficking in human beings (3 §) and aggravatedtrafficking in human beings (3 a §) (Penal Code 650/2004). Simultaneously,the corporate criminal liability, stipulated in Chapter 9 of the Penal Code wasextended to parties involved in trafficking in human beings and aggravatedtrafficking in human beings. The failure to report these offences wascriminalised in 10 § of Chapter 15 of the Penal Code. (See Työministeriö2007.)According to these laws, a person who abuses the dependent status or insecurestate of another person, deceives another person or abuses the error of thatperson, pays remuneration to a person who has control over another person, oraccepts such remuneration, takes control over another person, recruits,transfers, transports, receives or harbours another person for purposes of sexualabuse or forced labour or other demeaning circumstances or removal of bodilyorgans is guilty of trafficking in human beings. If violence or threats are used,or if the victim is a minor (or comparable to a minor) or the crime is committedwithin the framework of a criminal organisation and the offence is assessed tobe aggravated as a whole, the offence is considered to be aggravated traffickingin human beings (see below for further detail).Penal Code: Chapter 253 § - Trafficking in human beings (650/2004)(1) A person who(1) by abusing the dependent status or insecure state of another person,(2) by deceiving another person or by abusing the error of thatperson,(3) by paying remuneration to a person who has control over another person or(4) by accepting such remuneration takes control over another person, recruits, transfers,transports, receives or harbours another person for purposes of sexual abuse referred to inchapter 20(9)(1)(1) or comparable sexual abuse, forced labour or other demeaningcircumstances or removal of bodily organs or tissues for financial gain shall be sentenced fortrafficking in human beings to imprisonment for a minimum of four months and a maximum ofsix years.(2) A person who takes control over another person under 18 years of age or recruits, transfers,transports, receives or harbours that person for the purposes mentioned in subsection 1 shall besentenced for trafficking in human beingseven if none of the means referred to in subsection 1(1 – 4) have been used.(3) An attempt shall be punished.9
3 a § - Aggravated trafficking in human beings (650/2004)(1) If, in trafficking in human beings,(1) violence, threats or deceitfulness is used instead of or in addition to the means referred to insection 3,(2) grievous bodily harm, a serious illness or a state of mortal danger or comparableparticularly grave suffering is deliberately or through gross negligence inflicted on anotherperson,(3) the offence has been committed against a child younger than 18 years of age or against aperson whose capacity to defend himself/herself has been substantially diminished or(4) the offence has been committed within
organised crime. We approach the topic from a sociological perspective and with qualitative methods. This study covers the first decade of the 21st century1. The background of this report is based on a three-country study on the links between organised
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