Case Law Database

Trafficking in persons

Decision No. 361

Albania

Fact Summary

The victim and defendant Basha were dating and the victim’s parents were against the relationship. The couple eloped to Italy in 2002. After a week, the victim was forced into prostitution and was caught by the Italian police two months later in August 2002 and returned to her parents in Albania. In October 2002, Basha brought the victim to the apartment of defendant Martin Zhuka to procure falsified documents for her entry into Italy.  Basha also met with Dritan Zhuka, the brother of Martin Zhuka, Eduart Adami and Klodian Gupi and stayed overnight with Adami. The next day, Basha stayed with the victim in the apartment while Adami and Gupi met with Arjan Malaj and Florence Malaj (brothers) and reached an agreement for the sale of the victim for 300,000 leks. The victim was moved to another apartment in Lushnje to await passage to Italy but escaped.

Sentence Date:
2004-05-20
Author:
White & Case LLP

This work was developed through a partnership with UNODC, Lawyers Without Borders and White & Case LLP

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Article 5, Trafficking in Persons Protocol
Acts:
Recruitment
Transportation
Transfer
Harbouring
Means:
Fraud
Deception
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Transnational
Sector in which exploitation takes place:
Commercial sexual exploitation

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Albania

Italy

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 

1st Instance: 

Court: Court of First Instance Lushnje, Decision No. 51
Date: 20 May 2004
Decision: All defendants were found guilty of either “trafficking of children” under Article 128/b/2 or “exploitation of the prostitution of others under aggravating circumstances” under Article 114/a/1 and 5 and were sentenced to prison.

 

2nd Instance:

Vlora Court of Appeals, Decision No. 43
Date: 25 February 2004
Decision:The Court upheld the first instance Court decision.

 
 

Victims / Plaintiffs in the first instance

Victim:
V.T.
Gender:
Child
Age:
15
Born:
1987

Defendants / Respondents in the first instance

Number of other accused:
7
Defendant:
Ervin Basha
Gender:
Male
Defendant:
Eduart Ademi
Gender:
Male
Defendant:
Dritan Zhuka
Gender:
Male
Defendant:
Martin Zhuka
Gender:
Male
Defendant:
Arjan Malaj
Gender:
Male
Defendant:
Florence Malaj
Defendant:
Klodian Gupi

Charges / Claims / Decisions

Defendant:
Ervin Basha
Legislation / Statute / Code:

Article 128/b/2 of the Penal Code 

Charge details:
Trafficking of Children
Verdict:
Guilty
Term of Imprisonment:
18 years
Appellate Decision:
In Part

The court changed the sentence of trafficking in children to exploitation of prostitution under aggravating circumstances because there was criminal activity amongst several individuals in a short time frame and with the sole intent to sell the victim for prostitution. The sentences for Basha, Minaj and Minaj were reduced to 10 years, 9 years and 9 years, respectively.

Defendant:
Eduart Ademi
Legislation / Statute / Code:

Article 114/a/1 and 5 of the Penal Code 

Charge details:
Exploitation of Prostitution under Aggravating Circumstances
Verdict:
Guilty
Term of Imprisonment:
8 years
Defendant:
Dritan Zhuka
Legislation / Statute / Code:

Article 114/a/1 and 5 of the Penal Code 

Charge details:
Exploitation of Prostitution under Aggravating Circumstances
Verdict:
Guilty
Term of Imprisonment:
8 years
Defendant:
Martin Zhuka
Legislation / Statute / Code:

Article 114/a/1 and 5 of the Penal Code 

Charge details:
Exploitation of Prostitution under Aggravating Circumstances
Verdict:
Guilty
Term of Imprisonment:
8 years
Defendant:
Arjan Malaj
Legislation / Statute / Code:

Article 128/b/2 of the Penal Code 

Charge details:
Trafficking of Children
Verdict:
Guilty
Term of Imprisonment:
17 years
Defendant:
Florence Malaj
Legislation / Statute / Code:

Article 128/b/2 of the Penal Code 

Charge details:
Trafficking of Children
Verdict:
Guilty
Term of Imprisonment:
15 years
Defendant:
Klodian Gupi
Legislation / Statute / Code:

Article 114/a/1 and 5 of the Penal Code 

Charge details:
Exploitation of Prostitution under Aggravating Circumstances
Verdict:
Guilty
Term of Imprisonment:
7 years

Court

Supreme Court, Criminal Chamber

Sources / Citations

Nr. 994/307;Decision Number 361