Case Law Database

Trafficking in persons

Case of Nikulinas

Fact Summary

In 2010, Belarusian law enforcement authorities arrested a Lithuanian citizen and a Belarusian citizen who had been engaged in trafficking in persons from Belarus to Western Europe in 2002. While living in the city of Vitebsk, they looked for young women who were in a difficult financial situation and who were willing to go abroad in search of better work and life conditions. The defendants received the consent of victims to go abroad by deception under the pretext of employment in high-paying jobs unrelated to the provision of sexual service. After that, they transported the young women to their accomplices in the Republic of Lithuania. From there, the victims were transported to the United Kingdom, using different means of transport, where they were forced to work as prostitutes in illegal brothels. The victims did not receive remuneration for the sexual service they provided. They were subjected to physical and psychological violence. The young women did not speak foreign languages.

The preliminary investigation and the undertaken investigative measures of the joint efforts of Belarusian, Lithuanian and British law enforcement authorities identified the sites, where the young women had been kept, and the individuals, who have been engaged in the transportation part of the human trafficking from Belarus to Europe. In addition, those criminals were identified, who sexually exploited the victims of human trafficking and who were involved in illicit trafficking of firearms and drugs.

Sentence Date:
2011-10-05
Author:
Office for Drug Control and Combatting Trafficking in Human Beings, Criminal Police, Ministry of Internal Affairs of the Republic of Belarus

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Acts:
Recruitment
Transportation
Transfer
Harbouring
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
International Cooperation:
Mutual legal assistance

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

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

Involved Countries

Belarus

Lithuania

United Kingdom of Great Britain and Northern Ireland

International Cooperation

Involved Countries

Lithuania

United Kingdom of Great Britain and Northern Ireland

Gender Equality Considerations

Details

• Gender considerations
• Female principal offender

Procedural Information

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

1st Instance: 

On October 5, 2011, Sergejus Nikulinas was convicted by the Zheleznodorozhny District Court of Vitebsk under Art. 181 Part 2, Para. 2, 3 and 5 of the Criminal Code of Belarus of “Human Trafficking”. He was sentenced to 7 years and 4 months imprisonment. The sentence came into force on December 9, 2011.

On October 5, 2011, Tatyana Vasilyevna Nikulina was convicted by the Zheleznodorozhny District Court of Vitebsk under Art. 181 Part 2, Para. 2, 3 and 5 of the Criminal Code of Belarus of “Human Trafficking”. She was sentenced to 5 years and 6 months imprisonment. The sentence came into force on December 9, 2011.

2nd Instance:

The Court of Appeal upheld the sentence.

 
 

Victims / Plaintiffs in the first instance

Victim:
3 Individuals
Gender:
Female

Defendants / Respondents in the first instance

Defendant:
Sergejus Nikulinas
Nationality:
Lithuanian
Born:
1968
Legal Reasoning:

Sergejus Nikulinas was found guilty of committing an offence under Art. 181 Part 2 Para. 2, 3 and 5 of the Criminal Code of the Republic of Belarus (human trafficking of two or more people for the purpose of sexual exploitation, committed by a group in conspiracy).

Defendant:
Tatyana Vasilyevna Nikulina
Gender:
Female
Nationality:
Belarusian
Born:
1971
Legal Reasoning:

T.V.Nikulina was found guilty of committing an offense under Art.181 Part 2 Para. 2, 3 and 5 of the Criminal Code of the Republic of Belarus (human trafficking of two or more people for the purpose of sexual exploitation, committed by a group in conspiracy).

Charges / Claims / Decisions

Defendant:
Sergejus Nikulinas
Legislation / Statute / Code:

Criminal Code of the Republic of Belarus, Art. 181

Charge details:

Human Trafficking

Verdict:
Guilty
Term of Imprisonment:
7 years 4 Months
Compensation / Payment to Victim:
Yes  (Up to 10,000 USD)
Fine / Payment to State:
No 
Appellate Decision:
Upheld

The Vitebsk Regional Court upheld the decision of the court of 1st instance and dismissed the appeal.

Defendant:
Tatyana Vasilyevna Nikulina
Legislation / Statute / Code:

Criminal Code of the Republic of Belarus, Art. 181

Charge details:

Human Trafficking

Verdict:
Guilty
Term of Imprisonment:
5 years 6 Months
Compensation / Payment to Victim:
Yes  (Up to 10,000 USD)
Fine / Payment to State:
No 
Appellate Decision:
Upheld

The Vitebsk Regional Court upheld the decision of the court of 1st instance and dismissed the appeal.

Court

Zheleznodorozhny District Court of Vitebsk (Суд Железнодорожного района г. Витебска)