WUNRN
Serbia - FIRST Judgment
Awarding Compensation for Victim of Trafficking in
February 2014 - The Court of Appeal in Novi Sad confirmed the
judgment of the Novi Sad Basic Court in civil proceedings ordering four
persons, previously sentenced for trafficking in human beings, to jointly
compensate the plaintiff, who was victim of human trafficking, with an amount
of RSD 1 million on account of non-material damages. The compensation in the
amount of RSD 800,000 on account of mental anguish for offended honor,
reputation, freedom, rights of personality and dignity shall be paid out in
monthly installments, together with an amount of RSD 200,000 on account of fear
suffered. The court also ordered the defendants to reimburse the litigation
costs in the amount of RSD 327,375. Since litigation costs were covered from
ASTRA’s budget for legal aid to trafficked persons, with plaintiff’s consent
the reimbursed funds will be paid to a separate account and used for the
provision of sustainable legal aid and access to compensation for other
trafficking victims.
Although trafficking in human beings was criminalized in Serbia
back in 2003 and right to compensation is guaranteed by both domestic
legislation and international documents which Serbia signed, this is the first
case in our country that the victim actually received compensation (in other
two cases, the defendants were never paid the agreed amount). This is a clear
indicator that
In this particular case the possibility of compensation in criminal
proceedings was not used, but the victim was referred to litigation. In effect,
the girl who was sexually exploited for years had to relive traumatic events by
giving testimony and facing her traffickers in criminal trial which lasted for
four years. Being referred to three-year long civil proceedings afterwards, in
spite of neuropsychiatrist and psychologist’s examinations conducted during the
criminal proceedings, which indicated to PTSD and other consequences of human
trafficking, instead of avoiding secondary victimization, the victim was once
again put in the situation that her trauma was questioned and she had to sit in
the same room with the persons who trafficked her. The fact that she had to be
waiting for more than seven years to access justice and enjoy her right to
compensation and that she thus had no possibility to put an end to her
traumatic experience significantly slowed down victim’s recovery.
In order to set up an efficient system of compensation of victims
in
ASTRA - ANTI TRAFFICKING ACTION - SERBIA
Office: +381 11 785 0001
SOS Hotline: +381 11 785 0000
Fax: +381 11 785 0010
ASTRA Office: astra@astra.rs
Web-site: www.astra.rs
[1] Council of Europe’s Convention on Action against Trafficking in Human Beings (2005) ratified by Serbia in 2009, Protocol to Prevent, Suppress and Punish Trafficking in Human Beings, Especially Women and Children to the UN Convention against Transnational Organized Crime (2000) ratified in 2001, the European Convention on the Compensation to Victims of Violent Crimes which Serbia signed in 2010.