Case Law Database

Trafficking in persons

#1/66-11

Fact Summary

Z.L. promised Georgian citizens I.T., A.V., Ts.K., and M.B. to assist them in travelling to Israel for work in exchange of USD 3,500. With the assistance of E.G. and a still unidentified person, “A”, a Bedouin in Egypt, Z.L. was supposed to bring the victims to Israel via Turkey and Egypt. In the desert of Egypt, Z.L.’s accomplices would walk them to the border of Israel, avoiding the Egyptian border-guards. The trip would take a couple of days. Z.L. warned them of Bedouin and possible labour exploitation.

In May, 2010 I.T., A.V., Ts.K., M.B. and N. J. contacted  Z.L. and agreed to the proposed terms to travel to Israel for work.

On June 2, 2010, Z.L. met I.T., A.V., Ts.K., M.B. and N. J. at a station and took them to Turkey by bus. After arrival they were taken to the hotel and Z.L. gave them E.G.’s number, who would help them find an Arab Bedouin in charge of taking them over the Egypt-Israel border. Z.L. received the payment of USD 600-1,000 from each person. In addition, they were supposed to pay USD 1,500 to A. and USD 500 to E.G. Upon arrival in Egypt, the victims contacted E.G. who took them to desert by car. A. did not take them to Israel. He detained them for three months in the desert, in tents with poor nutrition and poor living conditions under surveillance of armed Bedouin. Under threat, A. exploited the victims in his water melon and marijuana plantations.

In September 2010, I.Ts., A.V., Ts.K., M.B., L.A. and N. J. escaped from the Bedouin.  Military forces located in the desert called the police upon the request of escaped victims who consequently were transferred to the nearest police station. On October 2, 2010, the victims returned to Georgia.

Commentary and Significant Features

Decision of the Tbilisi City Court

Sentence Date:
2011-03-25
Author:
White & Case LLP

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

Keywords

Acts:
Recruitment
Transportation
Means:
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

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Georgia

Egypt

Türkiye

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Victims / Plaintiffs in the first instance

Victim:
I.Ts.
Gender:
Female
Nationality:
Georgian
Victim:
A.V.
Gender:
Female
Nationality:
Georgian
Victim:
Ts.K.
Gender:
Female
Nationality:
Georgian
Victim:
M.B.
Gender:
Female
Nationality:
Georgian
Victim:
N.J.
Gender:
Female
Nationality:
Georgian

Defendants / Respondents in the first instance

Defendant:
Z.L.
Nationality:
Georgian
Legal Reasoning:

The legal issue of the case was whether the actions taken by the defendant constituted  human trafficking, i.e. recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

The court ruled pursuant to Chapter XXI of the Criminal Code of Georgia and based its ruling on the case materials examined by the court and the collected evidence, which included testimonies of victims and witnesses, Z.L.’s confession,  materials proving that N.J., M.B., Ts.K., I.Ts., A.V. and Z.L. crossed the national border of Georgia, secret audio-video surveillance recordings conducted under permission of  the Tbilisi City Court orders from November 5, 2010, #6056/10 and November 18, 2010, 6382/10, 6383/10, person recognition reports from witnesses, records of incoming and outgoing calls and the a detailed examination report.  The court found that the accusation against Z.L.’s was proven.

Z.L. was found guilty under the Criminal Code of Georgia article 143, Part 3, Subsections (b) and (c) and was sentenced to 12 (twelve) years of imprisonment.

Charges / Claims / Decisions

Defendant:
Z.L.
Legislation / Statute / Code:

Georgia Criminal Code, Article 143 (3)(b)(c)

Charge details:
Human Trafficking
Verdict:
Guilty
Term of Imprisonment:
8 years
Compensation / Payment to Victim:
No 
Fine / Payment to State:
No 

Court

Tbilisi City Court