2013 Kirovohrad Regional Branch of the charity organization "All-Ukrainian Liga" LEGALIFE "
STUDY OF SEX WORKERS KIROVOHRAD REGION ON HUMAN RIGHTS VIOLATIONS BY POLICE OFFICERS
Данное исследование проведено в рамках проекта «Права секс-работника – права человека» реализуемого Кировоградским областным отделением благотворительной организации «Всеукраинская Лига «Легалайф» в 2013 году при финансовой поддержке FOUNDATIONS OPEN SOCIETY INSTITUTE (FOSI). Изложенные здесь мнения и точки зрения являются мнениями и точками зрения Кировоградского областного отделения благотворительной организации «Всеукраинская Лига «Легалайф» и не могут рассматриваться как мнения или точки зрения FOUNDATIONS OPEN SOCIETY INSTITUTE (FOSI).
LIST OF ACRONYMS
HIV + Drug Addict SW IT PS DTPC RDIA
HIV-positive person, a person having HIV positive status Intravenous Drug Abuser Sex Worker Interior Troops (Interior Troops Workers performing the lawenforcement authorities) Patrol Service Department of Trade People Control Regional Department of Internal Affairs
METHODOLOGY OF THE STUDY
Objective of the research is the defining of the legal protection level of sex workers in Kirovograd Oblast and study of the impact as a consequence of project implementation on protection of rights of sex workers. Tasks of the Research: 1. To define the special features of social and demographic characteristics of sex workers in Kirovograd Oblast. 2. To study the general level of legal protection of sex workers in Kirovograd Oblast. 3. To reveal the main types of rights violation towards sex workers in Kirovograd Oblast from law-enforcement authorities. 4. To evaluate the readiness of sex workers of Kirovograd Oblast to protect their rights and the revelation of the most effective ways of increasing the legal protection of sex workers. Subject of Research – sex workers providing sex services in Kirovograd Oblast. Sample of Research - random sampling. Parameters of Sample representation
Providing sex services on the regular basis. Areal for providing sex services is Kirovograd Oblast. Sex workers providing sex services outside.
Instruments: - questionnaire given in attachment 1.
SECTION І.
Social and Demographic Data of Sex Workers The analysis of age categories of participants has shown that the majority of women providing sex services in Kirovograd Oblast are older than 30 years old. The general number of such respondents is 91.7%, the rest 8.3% is under 30 years old.
age of the respondents
from 30 to 40 years; 91,70%
younger than 30 years; 8,30%
Besides the age of the youngest respondent is 27 years old, the oldest one is 39. Thus, in accordance with the questioning the average age of women providing sex services is 33-35 years old in Kirovograd Oblast. The study of the personal data of the participants in age category has shown several tendencies: • The younger the respondents the more number of women being intravenous drug abusers (drug addicts) and living with HIV/AIDS. • The older those asked the more percent of respondents having higher level of education (secondary specialized). • The younger the respondents the more number of women who are single or divorced.
Nationality The study of nationality belonging of the participants of the interview has shown that among sex workers there are a significant number of women not having Ukrainian nationality. The quantitative indexes of these criteria are the following – 66.7% those asked has the Ukrainian nationality, 33.3% - has not Ukrainian nationality.
Nationality of sex workers Kirovograd Oblast not Ukrainian nationality; 33,30% Ukrainian nationality; 66,70%
The majority of those asked has Ukrainian citizenship. The total number of such respondents is 91.7%, with other citizenship is 8.3%. The nationalities other than Ukrainian that those asked have are presented below.
Do not have Ukrainian citizenship -
8.3%
Nationalities of SW
Bulgarian
Have Ukrainian citizenship -
91.7% Bashkir Mordvinian Moldavian
Besides, while investigating it was revealed that 8 % of asked Sex Workers do not have a passport. The huge presence of representatives from national minorities among the women from sex business is an evidence of difficulties in socializing.
The tendencies revealed while comparing different characteristics of respondents on nationality belonging are presented below: ďƒ˜ The women who represent the national minorities in comparison with sex workers who have Ukrainian nationality more frequently have lower level of education (not full secondary education (till 9 form)). ďƒ˜ All the women who do not have Ukrainian citizenship are married.
Family status, level of education and other characteristics
The analysis of a family status of women providing sex services in Kirovograd Oblast has shown that the slight majority is married. The total number of sex workers who are married is 58.3%. Single is 25%. Divorced is 16.7%. All in all, the data of analysis the family status of women giving sex services in Kirovograd Oblast are presented in diagram 3.
The presence of a big number of women (41.7%) among sex workers 16,70% Divorced not being married might be accepted as evidence of 25% Single several statements. Firstly, the absence 58,30% of family relations is Married a factor for provoking the 0,0% 10,0% 20,0% 30,0% 40,0% 50,0% 60,0% women for sex Diagram 3.Family status of asked SW in Kirovograd Oblast business. Secondly, the women who are not married might experience big difficulties in social adaptation and significant difficulties in searching for an adequate work.
Defining the level of education has shown that almost a half of asked sex workers has got not full secondary education (till 9 forms). All in all, the total number of respondents having this level of education has reached 41.6%. The same number of women of Kirovograd Oblast has got the secondary education (11 forms). 16.6% of asked has got secondary and specialized level of education. More detailed the level of education of respondents is presented in diagram 4. Diagram 4.
The level of education of SW in Kirovograd Oblast
41,6% 16,8%
0
41,6%
Has got not full secondary education (till 9 forms) Has got the secondary education (11 forms) Has got secondary and specialized level of education
In the course of questioning the several criteria were studied allowing to describe more detailed the characteristics of the women of sex business working in Kirovograd Oblast. In particular the following criteria are:  belonging to the category of intravenous drug abusers;  presence of the status of supporting replacement therapy patient;  HIV positive status. The results of the questioning have revealed that every third woman giving sex services is an intravenous drug abuser. The number of intravenous drug abusers among sex workers of Kirovograd Oblast is 33.3%. Though only a quarter from women drug abusers are the clients of supporting replacement therapy. Totally (from the whole number of sex workers) this index is 8%. The total number of HIV positive among sex workers is 8.3%. The characteristics of 100 90 sex workers in 80 Kirovograd Oblast on 70 HIV positive status 60 and belonging to the 50 40 categories of 30 intravenous drug 20 abusers and patients 10 0 of supporting replacement therapy are presented in diagram 5.
33,3% The number of intravenous drug abusers
8,7%
8,7%
The number of HIV positive
The clients of supporting replacement therapy
Diagram 5. Characteristics of SW of Kirovograd Oblast on HIV positive status and belonging to the categories of intravenous drug abusers and patients of supporting replacement therapy
At the same time the highest index of HIV positive status is marked in the group of women giving sex services and being intravenous drug abusers. In this group HIV positive is every fourth woman. Total number of HIV positive among intravenous drug abusers sex workers is 25%. Based on the received data it can be marked that the most vulnerable group among sex workers are intravenous drug abusers. It is a consequence of the fact that intravenous drug abusers SW can experience pressure not only due to intimate serving, but also because of using and storing drugs. Besides, the women actively using drugs are more likely to undergo the risk of being HIV positive. As a consequence they can undergo discrimination due to threefold status (SW, intravenous drug abusers and HIV positive/AIDS). Records of convictions The analysis of the received questioning data has shown that every third woman of sex business has previous convictions (has conviction). Totally the number of such respondents is 33%. It is significantly that the highest number of sex workers having previous convictions is marked in the group of women providing sex services and being intravenous drug abusers. In this group of sex workers the number of women who has previous convictions is 75%. Among sex workers not intravenous drug abusers the number of women having convictions is 12.5%. Characteristics of sex workers on having convictions are presented in diagram 6. Diagram 6. Characteristics of Sex workers on having convictions
100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%
33% Has previous convictions
75%
12,5%
Number of Number of previous previous convictions CP convictions of SW among are not in consumers in injecting drug injecting drug users users
While studying the territorial belonging of respondents it was revealed that the majority of sex workers providing services in Kirovograd town are living in the Oblast center (in Kirovograd). The number of respondents that has indicated the place of living the town of Kirovograd is 91.7%. From other towns is 8.3%.
SECTION ІІ.
Violation of rights of sex workers As the period of conducting the research took 9 months (from January to September), the generalization of the received data has allowed to define the dynamics of committed violations against sex workers from the militia. The research has shown that the total number of law enforcement authorities’ violations towards sex workers is 33 cases. All in all, the dynamics of the committed violations has a wavy structure presented in diagram 7. Diagram 7. The number of committed violations of rights of SW in Kirovograd oblast in different months
12
12
10 8 5
6 1
2 June
0 May
February
January
March
0
0
April
2
2
September
4
August
5
July
6
The analysis of the diagram shows that the highest number of violations of women rights providing sex services is marked in the first and sixth months. The reason of such a dynamics is explained by studying the subjects that violated the rights of SW. During being interviewed the respondents were offered to inform the subdivision and regional department of the militia the officers of which committed the violation. The generalization of the received data certifies that the leaders of the number of committed violations towards SW are the officers of Department of Trade People Control and soldiers of interior troops. Totally the mentioned subjects make up 57.1% from all the committed facts of violation the rights of SW. the rest 42.9% made up the officers of Patrol Service (22.9%), State Traffic Police (17.2%) and Regional Department of the Militia (2.8%). The denominations of subdivisions or regional departments of the Militia, the officers of which violated the rights of SW and number of committed violations are shown in diagram 8.
Diagram 8. The denominations of subdivisions or regional departments of the Militia, the officers of which violated the rights of SW and number of committed violations
The officers of Department of Trade People Control
22,9% 17,2%
25,7%
Soldiers of interior troops 2,8% Officers of Patrol Service
31,4% State Traffic Police Regional Department of the Militia
While analyzing questionnaire, the specific attention was paid on defining the possible influence made on the situation of SW rights violation thanks to the implementation of the project. With the mentioned purpose the dynamics of committed violations was studied, not only by their number, but also by the parties committed the violations of women from sex business. In another words, the answer to the question “Has the number of rights’ violation cases changed thanks to implementation of the project and the parties committed the violations?” was studied. The received results allow making several important conclusions. Implementation of the project has shown that the public influence leads to the fact that the parties which violate the rights of sex workers either terminate violations or decrease the number of such violations. It is vividly seen from diagram 9. At the beginning of implementation the project, at the first quarter, the absolute leaders of committing violations against SW were officers of interior troops (9cases). Later, at the second and third quarter, no one case of violation was recorded. At the second quarter the parties violated the rights of SW were the officers of Patrol Service and Department of Trade People Control. Besides, at the third quarter the number of violations of SW, coming from the mentioned parties decreased in four times. From 9 to 2 from there were officers of Department of Trade People Control and from 4 to 1 from officers of Patrol Service. Currently it is necessary to intensify the public influence that is being implemented within the frameworks of the project and to make it stable. It is defined by the appearance of the new parties that are violating the SW rights, for instance, the officers of state traffic inspection, officers of regional department of the Militia and also still present facts of rights violation from the parties of Patrol Service and Department of Trade People Control.
The dynamics of right violations in accordance with their number in time and the parties violated the women rights are presented in diagram 9.
Diagram 9. Dynamics of right violations in accordance with their number in time and the parties violated the women rights
9 8 7 6 5 4 3 2 1 0
RDIA STI DTPC PS First quarter The second (January quarter (April - Third quarter March) (July June) September))
IT
The number of committed violations with indicating the parties which violated the SW rights and the time periods are presented in table 1. Table 1. The number of committed violations with indicating the parties which violated the rights of SW and time periods period First quarter (January – March) Second quarter (April – June) Third quarter (July – September) Total
IT 9 0 0 9
PS 1 4 1 6
DTPC 0 9 2 11
STI 0 0 6 6
RDIA 0 0 1 1
Types of rights violations of sex workers Analysis of types of rights violation of sex workers has shown that more frequently the sex workers are undergoing the threats, blackmailing and psychological pressure and also racketeering. These violations make up 67.6% from the total number of facts of SW rights’ violations. It can be seen that every fifth woman underwent physical violence (beating, raping) from the part of the officers of law enforcement authorities. The number of such violations is reaching 17.6%. The number of illegal arrest is 14.7%. In general the types of SW rights violations by the officers of law enforcement authorities in Kirovograd Oblast are presented in diagram 10. Diagram 10.
The types of SW rights violations by the officers of law enforcement authorities in Kirovograd Oblast Extortion of money 14,70% 29,40%
Threats, intimidation, psychological pressure
17,60% Violation of the right to physical integrity The number of illegal arrest 38,20%
While analyzing the received questionnaire, the attention was paid on the types of violations dominating with one or another law enforcement authority. The received results are presented further in more details. It is seemed that officers of Interior Troops, consider SW as an object of illegal and quick enrichment, as the absolute majority 12,5% of the committed violations by them extortion of money is about demanding the money. The number of such violations has intimidation reached 87.5%. The rest 12.5%, 87,5% made different types of threats. The physical violence from Interior Troops towards SW is not fixed. Types and number of violations of SW rights from the Interior Troops Diagram 11. Types and number of violations of SW rights are presented in diagram 11. from the Interior Troops
It is seemed that Patrol Service officers, consider the SW women as means for satisfying their intimate demands. The different types of violations of physical immunity came mostly from Patrol Service officers (compulsion of intimate relationship, raping). All in all, the number of such violations made 40%, from the total number. The rest 60%, it was the demand of money 40% and illegal inspection 20%. The types and number of SW rights violations from Patrol Service officers are presented in diagram 12.
The demand of money
20%
40%
40%
The different types of violations of physical immunity
Illegal inspection
Diagram 12. Types and number SW rights violation from Patrol Service officers
Officers of Department of Trade People Control, 20% Demand of money obviously accept SW as 10% subjects that any time can 70% “assist” in making any type of Threats protocol. Mostly it is illegal. There were mostly demands from the officers of DTPC to Assist in making the assist in making the protocol. protocol Besides, officers of DTPC are the absolute leaders in showing psychological violence (threats) in relation towards SW. The number of such violations Diagram 13. Types and number of SW right violations reaches 70%. The demand of committed by officers of DTPC money is 10% and the demand to “assist” in making the protocol is 20%. The types and the number of violations of SW rights violation committed by DTPC are presented in diagram 13.
The officers of State Traffic Inspection are mostly the leaders in the number of threats and psychological violence in relation to SW. 50% of threats and 50% of psychological violence, combined with physical. Officers of Regional Department of Internal affairs showed the threats and demanding the information.
Except, the mentioned above, the respondents marked the other facts of violation of their own rights. Some facts of violations are presented in details in table 2. Table 2.
Description of some facts of violations SW rights from the officers of law enforcement authorities in Kirovograd Oblast Violation of SW rights from officers of Patrol Service «Forced to sexual relationship, by using employment status». «Raping, denude of money, after being introduced as an officer of the Militia». Violation of SW rights from officers of DTPC «the protocol was needed. Everybody refused as there was no fact of violation. Afterwards they said that would catch during work with the labeled money». «We were standing at the bus stop, the Militia officers came and made to get into the car, they delivered to the department. The illegal protocols were made». «Demanded the money, he was given the money and drove away». Violation of SW rights from officers of RDIA «Checking the documents with no reason. They threatened to take to the Department until clearing all the circumstances». «He wanted to take to the department».
The questionnaire, in accordance with which the interviewing was hold, contained several offers to the respondents. In particular, it includes the agreement for an application to the law enforcement authorities. The studying of the received results has shown that the majority of women, given sex services do not agree to apply to law enforcement authorities on their rights violation. The number of such respondents were 59,1%. Correspondingly 40,9%, agree for application. At the same time no one of respondents agreed to apply to law enforcement authorities in case of their right violation from officers of Patrol Services and Regional Department of Internal Affairs. The same situation is with violations from Department of Trade People Control. Among 11 women, giving sex services whose rights were violated by the officers of DTPC only one agreed with application to law enforcement authorities. All the described above can certify the presence of fear among SW and absence of protection from the officers of law enforcement authorities, and also disbelief in effectiveness of the existing mechanisms of own rights protection. On the other hand, the analysis of circumstances, under which the rights of SW were violated has shown, that the officers of law enforcement authorities violate the rights of SW, as a rule, without any fear. As the majority of cases took place before witnesses, the total number of such violations reached 78.1%. Besides, 51.85 % of committed facts of right violation took place with audio fixation of the violation.
SECTION ІІІ.
Violation of SW rights by means of administrative detention The results of questioning have shown that the illegal detention took place in 14.7% of cases of SW rights violation in Kirovograd oblast. SW underwent illegal detention not depending on the part of the day. The respondents noticed that they were detained during the day and in the evening time. Besides, the time period for SW detention was fluctuating from one to four hours. However, more often the SW women were detained for two hours (40% of detentions) and for the period till four hours (40% from all detentions). The time of SW women providing sex services detention is presented in more details in diagram 14. Diagram 14. Time of SW detention in Kirovograd Oblast
to 1 hour
20%
from 1 to 2 hours
40%
from 1 to 4 hours
40%
0%
5%
10%
15%
20%
25%
30%
35%
40%
It is significant that detention that is accompanied by the biggest number of SW right violations took place in February 2013. The given period is almost coincided with the launching of the project implementation. Besides, after detention under the auspices of “Legalife” the complaints were completed to the law enforcement authorities, informing about the violation of SW rights. Later, the similar detention did not take place either from the parties that commit these detention (officers of IT) or from the other officers of law enforcement authorities that can be treated as one of the successful result of project implementation.
The parties committed the administrative detention of SW The results of questioning have shown that out of five parties that violated the SW women rights, the administrative detention was used only by two of them: the officers of Interior Troops and Department of Trade People Control. Mostly, the sex workers were detained by DTPX that make 60% from all the detentions. The rest is 40% were committed by officers of Interior Troops. Denominations of law enforcement authorities that committed the administrative detention of SW in Kirovograd Oblast are presented in diagram 15.
Diagram 15. Denominations of Law Enforcement Authorities that committed the administrative detention of SW in Kirovograd Oblast and number of detentions
DTPC; 60% IT; 40%
The reasons of detention While researching the responses of SW who underwent administrative detention, it is revealed that the reasons of detention are not always adequate and their legal power is arguable. For example, one of the SW women who was detained by the officers of Interior Troops informed that the reason of detention was “For not giving money she was said that she was a wanted person for approximately 30 minutes”. The other informed that the officers of DTPC detained her in accordance with the clause 181.1 that is for “Procuring Prostitution” of the Code of Ukraine on Administrative violation. From the SW woman words who underwent such a detention the procedure of detention was in such a way: “We were at the bus stop, the officers of the Militia (DTPC) arrived, made us get into the car and transported to the Department”.
The sequence of detention and conducting of different procedures at administrative detention By describing the procedure of detention, the women, providing sex services, informed that being detained, on demand of SW their relatives were not informed on their request. The protocol of administrative violation was made in 80% of cases. Such protocols were never made at place. All the made protocols on administrative violations were made after delivering to the department of the Militia. The protocols of detentions were made in 60% of cases. Only 40% of them were made at the place. The fact of witnesses’ presence while making the protocol was noticed only in 60% of cases. No one from respondents marked that after detention he was sent to court.
SECTION ІV. Undertaken measures for sex workers protection The main actions undertaken for protection of SW are: • Applying to the Prosecutor Office; • Applying to Administration of Kirov Regional Department of Town Department Administration of Internal Affairs in Kirovograd Oblast. All in all, the biggest number of applications were made to Prosecutor Office (75%). The rest 25% were addressed to the administration of Kirov Regional Department of Town Department Administration of Internal Affairs in Kirovograd Oblast. The names of the parties where the applications were sent and the number of applications are presented in diagram 16. Diagram 16. The names of the parties where the applications were sent and the number of applications
Applying to Administration of Kirov Regional Department of Town Department Administration of Internal Affairs in Kirovograd Oblast; 25%
Applying to the Prosecutor Office; 75%
It is worth to notice that the first application was written on the 21 of February 2013, after unlawful detention SW by officers of Interior troops. The application was addressed to Kirov Regional Department of Town Department Administration of Internal Affairs in Kirovograd Oblast. It is significant that after that the facts of SW detention by officers of Interior Troops were not registered. Besides, the sharp decrease of unlawful actions towards SW is noticed from IT. Not less effective were the applications to the Prosecutor Office. The mechanism of influence on the situation by means of sending applications to the Prosecutor Office has proved its effectiveness that is vividly seen at the decrease of the frequency of violations in relation to SW from several parties (Chapter II, diagram 9).