מכון תודעה

Annex II

The following list was sent to Machon Toda`a from the
International Department of the Ministry of Justice

List of cases involving Trafficking in Persons [32]

Case No.	Offence	Plea bargain	Sentence	Observations	Decision rendered on:
CC 212/01 The State of Israel v. Raubenov Mordechai	TIP, causing a person to engage in prostitution under aggravating circumstances, pandering.		12 years imprisonment, 2 years suspended imprisonment.	The Court explicitly state that TIP charges are a form of slavery and the recently increased sentence included in the Law must guide the Court when imposing sentences. The Court rejects the defendant's claim to take into account his old age and poor medical condition. The Court claims if the defendant was healthy enough to commit the offence, he is well enough to serve the sentence.	February 8, 2005
CC 904/03 The State of Israel v. Sragi Ben Victor Zlutztky	Defendant 1: TIP, involvement in offence, causing a person to engage in prostitution under aggravated circumstances, pandering. Defendant 2: TIP, involvement in offence, 2 rape offences, sodomy.		Defendant 1: 6 years imprisonment, 1 year imprisonment, a sum of 15,000 NIS of compensation to each victim. Defendant 2: 13 years imprisonment, 18 months suspended imprisonment, a sum of 25,000 NIS of compensation to each victim. [33]*	The Court stresses the severity of the trafficking crimes and the obligation of the Courts to impose harsh punishment.	February 1, 2005
CC 1068/04 The State of Israel v. Vidovichnako Nicholas	2 aiding and abetting TIP charges, pandering, maintaining a place for prostitution, threats.	-	6 years imprisonment, 2 years suspended imprisonment.	The Court was lenient due to the fact that the defendant pleaded guilty at an early stage. The Court emphasized the significance of strict punishment.	December 27, 2004
CC 1182/02 The State of Israel v. Magralshvili (Yaakov) Slik et al.	Defendants 1 and 2: 2 TIP charges, 2 pandering charges, 2 maintaining a place for the purpose of prostitution charges Defendant 3: 2 aiding and abetting TIP charges, 2 pandering charges, 2 maintaining a place for the purpose of prostitution charges.	Defendant 1: 6 years and 10 months imprisonment, suspended imprisonment, 5,000 NIS fine. Defendant 2: 4 years and 4 months imprisonment, suspended imprisonment, 5,000 NIS fine. Defendant 3: 27 months imprisonment, suspended imprisonment, 5,000 NIS fine.	Defendant 1: 6 years and 10 months imprisonment, 3 years suspended imprisonment, 5,000 NIS fine or 30 days imprisonment. Defendant 2: 4 years and 4 months imprisonment, 2 years suspended imprisonment, 5,000 NIS fine or 30 days imprisonment. Defendant 3: 27 months imprisonment, 1.5 years suspended imprisonment, 5,000 NIS fine or 30 day imprisonment.	The Court had great difficulty collecting the testimony and getting hold of the victims. The defendants' acceptance to plead guilty has assisted the Court's proceedings greatly. In these circumstances, the plea bargain was necessary, thus balancing between the testimony available and the appropriate legal conclusions. This specific plea bargain does not represent the Court's overall position.	November 16, 2004
CC 1070/04 The State of Israel v. Ipriamov Rafael	TIP, pandering		3 years imprisonment, 1.5 years suspended imprisonment, a fine of 10,000 NIS, 3,000 NIS compensation for victim.		November 16, 2004
CC 1069/04 The State of Israel v. Meir Ben Avraham Malka and Shimon Ben Shabtai Chondishvili	TIP, pandering.	3 years imprisonment, suspended imprisonment, and fine.	3 years imprisonment, 1.5 years suspended imprisonment, 15,000 NIS fine or 60 days imprisonment, 5,000 NIS compensation for the victim.	The Court highlights the importance of sentencing harsh punishments for TIP crimes. Similarly, for pandering offences that are crimes related to the "sex industry". The Court takes into account the fact that the defendant has no criminal record and performed such acts in short time period and was not responsible for the transfer of the victim.	October 19, 2004
CC 1168/03 The State of Israel v. Boniet-Zada Ilger et al.	Defendant 1: Aiding and abetting TIP, pandering, interference with witnesses. Defendant 2: Pandering, possession of dangerous drugs. Defendant 3: Aiding and abetting maintaining a place for the purpose of prostitution. Defendant 4: Charges deleted. Defendant 5: Aiding and abetting maintaining a place for the purpose of prostitution (annexed to another charge). Defendant 6: Interference with witnesses. Defendant 7: Interference with witnesses, aiding and abetting maintaining a place for the purpose of prostitution	Defendant 1: 5 years imprisonment and suspended imprisonment, 20,000 NIS compensation for the victim. Defendants 2,3,6,7: Up to 6 months imprisonment to be served by labor, suspended imprisonment and fine.	Defendant 1: 5 years imprisonment and suspended imprisonment, 20,000 NIS compensation for the victim. Defendants 2,3,7: 6 months imprisonment- with an option to be served by labor, 18 months suspended imprisonment, 3,000 NIS fine or 30 days imprisonment. Defendant 6: 18 months suspended imprisonment, 1,000 NIS fine or 20 days imprisonment.	Even though Defendants 2, 3, 7 were involved in different ways and have diverse backgrounds- when the Court balanced the various factors, it found it just to give the same sentence. Defendant 6 was not involved in any way with the crime of pandering, the sentence was therefore appropriate.	October 14, 2004
CC 1012/04 The State of Israel v. Stanislav Ben Michael Cooperman	Aiding and abetting TIP, aiding and abetting the maintenance of a place for the purpose of engaging in prostitution.	Up to 3.5 years imprisonment	20 months imprisonment, 18 month suspended imprisonment.	The Court emphasizes the importance of harsh punishment, yet in these particular circumstances it took into account the fact that the defendant was actively involved in the offence for only a day. The Court was also lenient with the defendant due to the fact that he was a young man with no criminal record and his difficult economical situation was what compelled his involvement in the offence.	October 13, 2004
CC 1107/02 The State of Israel v. Shichman Yafim and Gaiman Marc CA 3434/03 Mark Gaiman and Yafim Shichman v. The State of Israel	Defendant 1: 7 TIP charges, 7 hosting and employing illegally charges, 5 pandering charges, extortion. Defendant 2: 6 TIP charges, 7 hosting and employing illegally charges, 5 pandering charges, extortion.	Supreme Court: One year less of imprisonment for each defendant.	District Court: Defendant 1: 10 years imprisonment, 2 years suspended imprisonment. Defendant 2: 9 years imprisonment, 2 years suspended imprisonment Supreme Court: Defendant 1: 9 years imprisonment, 2 years suspended imprisonment. Defendant 2: 8 years imprisonment, 2 years suspended imprisonment	Due to the new evidence collected, a plea bargain was accepted by the Supreme Court.	March 3, 2003 CA September 28, 2004
CC [34] 910/02 The State of Israel v. Dushker Samyon. -------------- CA [35] 4429/04 Samyon Dushker v. The State of Israel	3 TIP charges, 2 causing a person to engage in prostitution charges, assault, 2 pandering charges, false imprisonment.	-	District Court: 8 years imprisonment, 2 years suspended imprisonment, 20,000 NIS fine, and compensation for the victims of 15,000 NIS each. Supreme Court: Upheld the sentence	After an appeal was filed to the Supreme court and the Supreme Court convicted the defendant with additional charges, the case was returned to the District Court to reassess the sentence based on the additional charges. The Court cited decisions from 2003 that clearly express a policy of stricter punishment. The defendant then appealed to the Supreme Court regarding the sentence imposed on him. His main claim was that the Court was strict with punishment in accordance with the advanced policy of 2004. Yet, he committed the offences in 2001 when the punishments the Courts imposed at that time were not as strict. The Supreme Court did not accept the claim.	March 28, 2004 CA September 27, 2004
CC 1075/03 The State of Israel v. Alexander Shalom Melokondov	2 TIP charges, pandering, attempt to rape, rape, disguise to another, interrupting with police work.	-	12 years imprisonment, 2 years suspended imprisonment, 10,000 NIS compensation to each victim.	The Court emphasizes the seriousness of the offence and the fact that it negates the most fundamental laws. Rejects the idea of having received a woman's consent with regards to such charges. The Court further emphasizes the harsh punishments that need to be imposed on traffickers.	September 23, 2004
CC 1156/03 The State of Israel v. Viatsislav Ben Arkadi Okon	An attempt to TIP.	4 years imprisonment, suspended imprisonment, 3,500 NIS compensation for the victim	4 years imprisonment, 2 years suspended imprisonment, 3,500 NIS compensation for the victim.	The defendant argued that he should have not been convicted of a TIP related offence as he did not "purchase" nor "sell" the victim. The Court rejected the claim and held that the trafficking offence should be interpreted widely.	August 26, 2004
CC 386/03 The State of Israel v. Alexi Barg	Aiding and abetting TIP		6 months imprisonment served by labor, 18 months suspended imprisonment.	The Court emphasized the amendment of the Law which sets a minimum punishment for such offences. In this case a total of 2 years imprisonment (including the suspended imprisonment). The Court stated that the defendant was not actively involved, but just a driver whose services were used twice to drive the women.	August 17, 2004
CC 1000/03 The State of Israel v. Aba Mordechai et al.	3 TIP charges, pandering, causing a person to engage in prostitution.	Up to 7 years imprisonment and suspended imprisonment	54 months imprisonment, 2 years suspended imprisonment.		July 12, 2004
CC 1237/02 The State of Israel v. Vladamir Vaba Ben Nison Chaimov and Yalfred-Edward Ben Leonid Belkrey	Defendant 1: 2 TIP charges, attempt to TIP charge, 2 conspiracy to commit a felony charges, pandering, 2 false imprisonment charges, 4 Forgery, 4 Use of forged documents, 3 aiding and abetting pandering charges Defendant 2: TIP, 4 Forgery, 4 use of forged documents, 4 pandering, 4 maintaining a place for purposes of prostitution charges, 2 threat charges.	-	Defendant 1: 9 years imprisonment, 2 years suspended imprisonment, 7,500 NIS compensation for each of the 4 victims,15,000 NIS compensation for each of the other 2 victims. Defendant 2: 6 years imprisonment, 2 years suspended imprisonment, 7,500 NIS compensation for each of the 4 victims.	The defendants were actively involved in TIP. The Court takes into account their poor health conditions.	June 15, 2004
CC 1210/01 The State of Israel v. George Yossef et al. CA 3719/03 Anonymous v. The State of Israel	Defendant 1: TIP, causing a person to engage in prostitution, indecent act. Defendant 2: TIP, causing a person to engage in prostitution, false imprisonment, maintaining a place for prostitution, pandering and threats.	Supreme Court: Defendants 1 and 2: 5 years imprisonment, 2 years suspended imprisonment, and compensation to the victim of 25,000 NIS each.	District Court: Defendants 1and 2: 8 years imprisonment, 2 years suspended imprisonment, and compensation to the victim of 25,000 NIS each. Supreme Court: Defendants 1 and 2: 5 years imprisonment, 2 years suspended imprisonment, and compensation to the victim of 25,000 NIS each.	The Supreme Court accepted the plea bargain due to developments that occurred after the decision of the District Court and deleted the offence of "indecent act" that the District court considered a charge against Defendant 1.	CC March 3, 2003 CA June 10, 2004
CC 1148/03 The State of Israel v. Yalena Bat Alexander Yarmilev and Sofia Bat Vladamir Kotzik	Defendant 1: Pandering under aggravated circumstances, managing and maintaining a place for purpose of prostitution, false imprisonment. Defendant 2: TIP, pandering, managing and maintaining a place for purpose of prostitution, false imprisonment.	Defendant 1: 6 months imprisonment to be served by labor and suspended imprisonment. Defendant 2: Up to 4 years imprisonment.	Defendant 1: 6 months imprisonment to be served by labor, 12 months suspended imprisonment, Probation Order for a year [36]. Defendant 2: 4 years imprisonment, 2 years suspended imprisonment.	The defendants were threatened and exploited by a man that forced them to engage in such activity. They did not perform the harsh acts that are usually inherent in TIP. Due to the fact that they were "victims" in a sense, the Court was considerate with regards to the punishment.	June 8, 2004
CC 176/03 The State of Israel v. Smilovitzki Vladimir	TIP charge	30 months imprisonment, 30 months suspended imprisonment, 30,000 NIS fine.	5 years imprisonment, 36 months suspended imprisonment, 30,000 NIS fine or 6 months imprisonment.	The Court pointed out that it is crucial to uproot this phenomenon through a clear policy of harsh punishment. The sentences imposed by the Court were higher than the ones advocated by the Prosecution.	May 10, 2004
CC 387/03 The State of Israel v. Denis Ben Vladamir Brostinov	TIP, conspiracy to commit a felony charge, forgery under aggravated circumstances.		3 years imprisonment, 1 year suspended imprisonment, a fine of 10,000 NIS or 90 days imprisonment.	The victims explicitly stated that they were aware and agreed to the activities performed. Due to the circumstances, the Court was lenient.	May 9, 2004
CC 355/03 The State of Israel v. Vadim Zaslavski	TIP charge		1 year imprisonment, 1 year suspended imprisonment, a fine of 10,000 NIS.	The defendant's clean record led the Court to believe that this was a one-time incident and will not reoccur in future.	April 22, 2004
CC 1213/03 The State of Israel v. Eliyahu Eliav ------------- CA 11110/03 Eliyahu Eliav v. The State of Israel	TIP charges, pandering, interfering with an investigation.	-	District Court: 3 years imprisonment, 2 years suspended imprisonment, 10,000 NIS fine. Supreme Court: Upheld the sentence.	Supreme Court did not accept the appeal and emphasized that the Court needs to impose strict punishment for TIP charges and the District Court's sentence is relatively lenient.	CC November 2, 2003 CA April 19,2004
CC 356/03 The State of Israel v. Gnadi Moskowitz	TIP charge		3.5 years imprisonment, 2 years suspended imprisonment.	Court takes into account the fact that the defendant has shown real remorse.	March 29, 2004
CC 1055/02 The State of Israel v. Karmenko Ludmila et al.	Defendant 1: 2 charges of aiding TIP Defendant 2: TIP, 2 conspiracy to commit a felony charges, 1 threat charge Defendant 3: TIP, TIP under aggravated circumstances, 2 conspiracy to commit a felony charges, 1 threat charge, 2 illegal residence charges, use of fraud documents.	-	Defendant 1: 2 years suspended imprisonment Defendant 2: 5 years imprisonment, 2 years suspended imprisonment and compensation for the victim of 10,000 NIS. Defendant 3: 7 years imprisonment, 2 years suspended imprisonment	The Court ruled that the complainants deserve compensation, yet the defendants are not capable of paying such amounts. Defendant 1 did not receive imprisonment under these specific circumstances due to the fact that he was in house imprisonment for two years prior to this ruling.	March 29, 2004
CC 386/03 The State of Israel v. David Ran et al.	Defendant 1: TIP, pandering Defendant 2: Aiding and abetting TIP, causing a person to engage in prostitution, pandering	Up to 3 years imprisonment	Defendant 1: 3 years imprisonment, 2 years suspended imprisonment, a fine of 20,000 NIS or 200 days imprisonment. Defendant 2: 3 years imprisonment, 2 years suspended imprisonment, a fine of 30,000 NIS or 300 days imprisonment.	The Court was lenient since the defendants do not have criminal record, were active in the offences for a very short time due to extreme economical difficulties.	March 15, 2004

Examples of Cases involving Related Offences [37]

Case No.	Offence	Plea bargain	Sentence	Observations	Decision rendered on:
CC 987/04 The State of Israel v. Maksim Kavnov	Conspiracy to commit a felony charge, pandering (numerous charges), causing a person to engage in prostitution (numerous charges), hosting an illegal entrant.	Up to 5 years imprisonment.	3.5 years imprisonment, 12 months suspended imprisonment	Pandering has become an offence that is closely related to TIP and shall therefore be treated as such.	November 16, 2004
CC 749/04 The State of Israel v. Tiomkin Leonid et al.	Defendants 2 and 3: 2 causing a person to engage in prostitution charges, pandering.	-	Defendant 2: 24 months imprisonment, 1.5 years suspended imprisonment, confiscation of the vehicle that was used in performing the offence. Defendant 3: 20 months imprisonment, 1 year suspended imprisonment, confiscation of the vehicle that was used in performing the offence.	Pandering acts are becoming more related to TIP and the recent amendments regarding maximum punishments in the law have been proof to that phenomenon.	December 19, 2004
CC 1031/04 The State of Israel v. Samyon Livshitz	Pandering, prohibition of money laundering, prohibition on performing a transaction with prohibited property.	Up to 5 years imprisonment, confiscation of money, and compensation to victim.	30 months imprisonment, 12 months suspended imprisonment, compensation of 30,000 NIS to the victim, confiscation of 91,388 NIS, 2,611 USD, 710 Euro. Confiscation of a vehicle.

Additional Cases involving Trafficking in Persons [38]

Case No.	Offence	Plea bargain	Sentence	Observations	Decision rendered on:
CC 1210/01 The State of Israel v. Joerge Yossef et al.	1^st defendant: TIP, causing a person to engage in prostitution, indecent act. 2^nd defendant: TIP, causing a person to engage in prostitution, false imprisonment, maintaining a place for prostitution, pandering and threats. 3^rd defendant: Rape, sodomy.	-	District Court: Defendants 1-2 - 8 years imprisonment, 2 years suspended imprisonment and compensation to the victim of 25,000 NIS each. Defendant 3 - 2.5 years imprisonment, 2.5 years suspended imprisonment and compensation for the victim of 10,000 NIS.	The Court took into consideration the fact that The third accused was not involved in the trafficking, and suffers from severe mental health problems.	January 15, 2003
CC 5049/02 The State of Israel v. Ofer Hason	TIP (3 offences), causing a person to engage in prostitution, causing a person to engage in prostitution under aggravated circumstances, false imprisonment.	-	District Court: 5 years imprisonment, 12 months suspended imprisonment, 10,000 NIS fine.	The Court took into consideration the fact that the accomplice was sentenced to two years imprisonment, following a plea bargain.	January 27, 2003
CC 212/01 The State of Israel v. Yaakov Hayun & Sharon Galfond	Defendant 1: TIP (one victim), pandering Defendant 2: Pandering	Defendant 1: No agreed sentence. Defendant 2: 6 months imprisonment to be served by labor.	District Court: Defendant 1: 4 years imprisonment, 12 months suspended imprisonment. Defendant 2: 6 months imprisonment to be served by labor, 12 months suspended imprisonment.	The Court did not impose compensation for the victim, as she has already left the country. The Court noted that the prosecution should have advocated a harsher punishment for defendant 2.	February 25, 2003
CC 1184/02 The State of Israel v. Puter Avshalomov	TIP (3 offences), causing a person to engage in prostitution under aggravated circumstances	5 years and nine months imprisonment	District Court: 5 years and nine months imprisonment, 18 months suspended imprisonment, 10,000 NIS fine (or three months imprisonment)	There was no use of violence by the accused or false imprisonment of the victims. The court notes that the fine is relatively law, as the plea bargain did not include a fine, and the Prosecution did not inform the defense that it was going to ask for the imposition of a fine.	February 25, 2003
CC 3029/00 The State of Israel v. Moroan Halif ------------ CA 3182/01 Moroan Halif v. The State of Israel	Kidnapping for blackmail, false imprisonment, rape (3 victims), conspiracy to commit a crime	-	District court: 10 years imprisonment, 2 years suspended imprisonment Supreme Court: Rejected the appeal and upheld the sentence	-	CC April 11, 2001 CA May 19, 2003
CC 1054/03 The State of Israel v. Meir Rashid CA 7732/03 Meir Rashid v. the State of Israel	Pandering, maintaining a place for prostitution, assault	Up to 3 years imprisonment, 100,000 NIS fine.	District court: 2.5 years imprisonment, 2 years suspended imprisonment, 100,000 NIS fine or 12 months imprisonment. Supreme Court: Rejected the appeal and upheld the sentence	The original indictment included a TIP charge, but it was deleted due to evidentiary difficulties. The Court noted that the maximum penalty for pandering is 5 years imprisonment, and that the accused pleaded guilty. The Court noted that the high financial gain warrants a high fine.	CC June 23, 2003 CA March 2004

[32] Decisions rendered between March 2004 and February 2005. Please not that the list is not exhaustive. Updates may be forwarded to the U.S State Department in the coming months.

[33] * According to information Machon Toda`a received from Hotline for Migrant workers the VOT were already transferred back to their countries . The compensation was relatively high , about $8,000 for each of the victims. The Hotline for migrant workers requested to represent the victims especially for the compensation issue but the court refused saying that if the legislator were interested that the victims of the offence will get representation he would have mentioned it.

[34] CC=Criminal Case.

[35] Criminal Appeal.

[36] The Probation Ordinance of 1969. Section 1- The Power of the Court to Grant a Probation Order: "A person that was convicted of a crime and the Court saw that the offence was proven, but due to the specific circumstances, amongst them the person's personality, background, age, housing conditions, physical and mental health condition, the Court sees it appropriate to release the person convicted due to the nature of the offence committed and the circumstances, in order to test him, the Court can do one of the following: 1)to convict him and grant a probation order; 2) to grant a probation order without convicting him if the convict does not have a suspended imprisonment standing that the Court can carry out due to the offence committed.

[37] These cases exemplify the Courts' attitude towards related offences. Penalties for pandering and similar offences have also increased considerably during 2003. (Unofficial Translation of the Hebrew).

[38] This table includes decisions rendered between January and March 2003 that were not included in Israel's reply to the US State Department submitted in February 2003. The decisions in CC 5049/02 and CC 1210/01 were reported informally in a meeting held with US representatives in September 2003.

[39] These cases exemplify the Courts' attitude towards related offences. Penalties for pandering and similar offences have also increased considerably during 2003.

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