During the course of 2005, human traffickers
who forced women to engage in prostitution have received an average prison
sentence of five to six years despite the 16-year maximum sentence
afforded by the law, a new report reveals Thursday.
The relatively
light sentences stem from the fact that two-thirds of all women
trafficking cases have ended in a plea bargain, according to the report
which was commissioned by the human rights group Hotline for Migrant
Workers in conjunction with the Hebrew University in Jerusalem.
The
report examines 25 criminal convictions and dozens of rulings issued
throughout the year 2005. |
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"The ruling indicates progress on the
part of the judicial system with regards to its treatment to trafficking
violations even though the situation still requires significant
improvement," the report's authors, chief among them attorney Naomi
Labenkrun, note.
Of 25 cases which resulted in a conviction,
attorneys in 17 of those instances reached a plea bargain according to
which all references to human trafficking were deleted from the indictment
while "lesser" crimes, such as procuring women for prostitution, wrongful
imprisonment, assault, and kidnapping.
The average prison term
resulting from plea bargains is four years. Convicts who did not reach a
plea bargain served an average of six years in prison.
Despite the
fact that the law permits compensation payments to victims of trafficking,
only in nine instances was such an option exercised. The sums of money
range from NIS 2,000 to NIS 15,000 while the law stipulates a maximum
award of NIS 228,000.
The report also revealed that various judges
behave differently towards sex trade victims. Tel Aviv District Court
Judge Shelly Timen ordered compensation payments in half of the cases
which came before his panel while his colleague in the same court, Judge
Saviona Rotlevy, did not reward compensation payments in any of the cases
in which she heard.
"Israeli victims receive completely different
treatment from the same panel [of judges]," the report states. "Out of
eight sex offense cases against Israeli women which came before Rotlevy's
panel, compensation was awarded in five of them. The average sum reached
NIS 47,000 to each victim."
In 11 cases, judges imposed a sum total
of NIS 260,000 in fines against the defendants. The report's authors
argue, however, that the funds which the traffickers made through
exploitation of their victims should be transferred to a fund geared
towards rehabilitating and aiding the women.
The authors also
criticize the fact that women's claims against the traffickers need to be
submitted to labor courts.
"Prostitution which takes place within
the framework of human trafficking is not work, but slavery," the report
said.
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