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Cablegate: Germany - Mfa Response to 2007 Tip Report

VZCZCXRO4143
RR RUEHAG RUEHDF RUEHLZ
DE RUEHRL #1190 1641536
ZNR UUUUU ZZH
R 131536Z JUN 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC 8533
INFO RUCNFRG/FRG COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAUSA/DEPT OF HHS WASHDC

UNCLAS BERLIN 001190

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/AGS, EUR/PGI, G/TIP, DRL/IL, INL/HSTC, AND PRM
STATE - PLEASE PASS USAID
JUSTICE FOR T. MARCH BELL
LABOR FOR ILAB

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN KJUS SMIG ELAB PREL PGOV ASEC
PREF, GM
SUBJECT: GERMANY - MFA RESPONSE TO 2007 TIP REPORT

REF: STATE 71163

1. (U) CONTAINS REQUEST FOR ACTION -- PLEASE SEE PARA 6.

2. (SBU) Emboffs delivered demarche contained in ref and
passed an advance copy of the 2007 Trafficking in Persons
(TIP) Report country narrative for Germany to Axel Kuechle,
MFA Deputy Director for International Cooperation against
Organized Crime, Narcotics, Corruption, and Human
Trafficking, on June 11. Kuechle agreed with the report's
overall positive assessment of Germany's steps to combat TIP
and expressed appreciation for the report's recognition of
German efforts during the June-July 2006 Soccer World Cup
championship.

3. (SBU) Noting the report's recommendation that Germany
explore ways to increase prison sentences for convicted
traffickers, Kuechle said he had experienced similar
frustration with German sentencing practices in organized
crime and narcotics cases. German judges, Kuechle stated,
tend towards leniency in cases involving first-time
offenders, regardless of the charge. He also said
prosecutors have a hard time making trafficking charges
stick, due to the statute's requirement that prosecutors
prove direct involvement in the coercion or exploitation of
the victim. As a result, prosecutors generally bring
trafficking charges against low-level "facilitators" and
charge ringleaders with other crimes that carry similar
sentences, but are easier to prove in court.

4. (SBU) Kuechle asked if the Embassy could provide more
information about U.S. efforts to educate and sensitize
judges in the United States on TIP. He also inquired whether
the USG maintains statistics on cases where suspected
traffickers have been convicted and sentenced on other
charges and, if so, what methods the USG uses to do so.
Referring to the October 2006 visit of U.S. Department of
Justice TIP experts to Germany, Kuechle expressed interest in
more bilateral exchanges at the expert level. He agreed more
discussion of TIP between high-ranking German and U.S.
officials would be helpful. Emboff noted Undersecretary
Dobriansky and German Family Minister Ursula von der Leyen --
the Family Ministry has lead responsibility within the German
Federal Government on TIP -- have agreed to discuss TIP on
the margins of the June 14 Global Women's Summit in Berlin.

5. (U) Following the report's public release on June 12, post
will reach out to key contacts in the Family Ministry,
Interior Ministry, and Justice Ministry to discuss German
efforts and convey concerns raised in the report.

6. (U) ACTION REQUEST: Post requests G/TIP assistance in
obtaining more information we can share with German partners
about USG efforts to educate and sensitize judges in the
United States and, if available, examples of training
materials. In addition, post would appreciate the most
recent U.S. TIP conviction and sentencing statistics, as well
as information about how the USG tracks TIP-related
convictions.
KOENIG

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