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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
[10]

Case No. Offence Plea bargain Sentence Observations Decision rendered on:
CC 1107/02

The State of Israel v. Yafim Sheychman & Mark Geyman.

Defendant 1:

Seven TIP charges, 5 pandering charges, 7 illegal employment charges, and exploitation.

 

Defendant 2:

Six TIP charges, 5 pandering charges, 7 illegal employment charges, and exploitation.

 

-

District Court:

Defendant 1:

10 years imprisonment, and 2 years suspended imprisonment.

 

Defendant 2:

9 years imprisonment, and 2 years suspended imprisonment.

 

The defendants pleaded guilty to the charges in the amended indictment, according to the agreement with the Prosecution. There was no agreement with regard to the sentence. March 3, 2003
CC 1210/01

The State of Israel v. Joerge Yossef et al.

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.

 

Defendant 3:

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.

The accused appealed his conviction and the sentence. The appeal is currently pending.

 

March 3, 2003
CC 1240/02

The state of Israel v. Choresh

TIP, pandering, maintaining a place for prostitution, use of forged documents. Up to 36-months imprisonment.

District court:

3 years imprisonment, 18 months suspended imprisonment, 5,000 NIS fine, 5,000 NIS compensation

 

  May 29, 2003

CC 1064/02

The State of Israel v. Michael Prudental  

 

CA [12]

11196/02 Michael Prudental v. The State of Israel

 

TIP (2 victims), pandering, threats, false imprisonment. Up to 3 years imprisonment.

District Court:

24 months imprisonment, 18 months suspended imprisonment

 

Supreme Court:

Upheld the sentence.

 

The defendant argued that he should have not been convicted of TIP as he did not “purchase” the two victims, but rather “kept them” for another. The Court rejected the appeal and held that the trafficking offence should be interpreted widely and not “technically” in light of the purpose of the legislation and in light of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention against Transnational Organized Crime (which Israel signed in 2001).

CC

November 4, 2002

 

 

 

 

 

CA August 13, 2003

 

CC 1036/03

The state of Israel v. Mark Yorgayev

 

Aiding and abetting an attempt to TIP 8-18 months imprisonment.

District Court:

18 month imprisonment, 18 month suspended imprisonment

 

The defendant had a minor role in the TIP offence. The other accomplices were tried for their part. September 9, 2003

CC 905/03 The state of Israel v. Makievski

 

-----------------

 

CA 7885/03 The state of Israel v. Makievski

 

TIP (2 victims)

-

District Court:

16 months imprisonment, 12 month suspended imprisonment,

1000 NIS fine,

6000 NIS compensation to each victim/

 

Supreme Court:

3 years imprisonment.

 

The accused pleaded guilty to the charges of the amended indictment. There was no agreement on the sentence.

The State Attorney appealed the sentence.

 

CC

June 23, 2003

 

 

 

 

CA October 30, 2003

 

CC 946/02 The State of Israel v. Yaish Ben David

 

-----------------

 

CA 3204/03, 3213\03 The State of Israel v. Yaish Ben David

 

TIP (3 offences), aiding and abetting TIP, aiding and abetting aggravated forgery, Pandering, obstruction of justice, aiding and abetting illegal stay in Israel , maintaining a place for purpose of prostitution.

-

District Court:

5 years imprisonment, 3 years suspended imprisonment.

 

Supreme Court:

8 years imprisonment, 1 year suspended imprisonment.

 

An agreement was reached between the parties regarding the charges. The defendant was convicted on the basis of his guilty plea (to the amended indictment). The State Attorney appealed the sentence. The Supreme Court imposed a more severe sentence.

The sentence was appreciably more severe even though the offence was not attended by violence.

This is an important precedent reflecting the Court’s attitude towards trafficking when no acts violence are committed against the accused.

 

CC

February 19, 2003

 

 

 

 

 

CA

November 6, 2003

 

CC 910/02

The State of Israel v. Dushker et al.

-----------------

CA 1609/03, 2260, 2293 Borisov v. The State of Israel

-----------------

ACH [13]

9980/03 Borisov v. The State of Israel

Defendant 1: TIP (3 offences), causing a person to engage in prostitution (2 offences), Pandering, false imprisonment, assault.

 

Defendant 2: aiding and abetting TIP, aggravated fraud.

 

-

District Court:

Defendant 1

4 years imprisonment and 2 years suspended imprisonment & 20,000 NIS [14] fine.

Defendant 2

5 years imprisonment.

 

District Court:

Since the Supreme Court accepted the appeal, a sentence must be rendered by the District Court in accordance with the Supreme Court’s decision. The sentence is set for March 28, 2004 . 

 

 

 

The first defendant was acquitted from the TIP charges. The State Attorney appealed the decision with regard to the acquittal and the sentence. The Supreme Court accepted the State’s appeal, and convicted the accused of TIP and causing a person to engage in prostitution. Obviously, the new sentence, to be rendered by the District Court, should be more severe now.

The accused requested the Supreme Court to hold an additional haring but this was denied.

 

CC

January 20, 2003

 

 

CA

October 8, 2003

 

 

 

ACH November 12, 2003

 

CC 5086/02 The State of Israel v. Moshe Yitzhak et al.

Defendant 1 -

Kidnapping for purpose of imprisonment, rubbery, false imprisonment, TIP, Pandering, attempt to commit TIP, rape, Sodomy possessing firearm.

Defendants 4 and 5 -  

Kidnapping for purpose of imprisonment, Kidnapping for purpose of prostitution, false imprisonment, pandering, TIP, rubbery.

 

-

District Court:

Defendant 1

15 years imprisonment,

Defendant 4

10 years imprisonment,

Defendant 5

9 years imprisonment.

 

The sentences imposed by the Court on defendants 4-5 were higher than the ones advocated by the Prosecution.  

CC

November 30, 2003

 

CC 1185/02 The State of Israel v. Michael Brodov

-----------------

CA 106/03

Michael Brodov v. The State of Israel

 

TIP (one victim), maintaining a place for purpose of prostitution, pandering, and false imprisonment.

-

District Court:

2.5 years imprisonment, 2 years suspended imprisonment.

 

Supreme Court:

5 years imprisonment.

 

The State Attorney appealed the sentence. The Supreme Court accepted the appeal.

CC

November 20, 2002

 

 

 

 

CA

December 3, 2003

 

CC 1128/02

The State of Israel v. Kozovashvily

 

-----------------

 

CA 3483/03

The State of Israel v. Kozovashvily

 

TIP (3 offences), pandering, threats, forgery, conspiracy to commit a felony

-

District Court:

5 years imprisonment, 2 years suspended imprisonment.

 

Supreme Court:

8 years imprisonment

 

The defendant was acquitted from one of the TIP charges. The State Attorney appealed the decision with regard to the acquittal and the sentence. The Supreme Court rejected the appeal regarding the acquittal but imposed a more severe sentence.

CC

March 3, 2003

 

 

 

 

 

CA

December 4, 2003

 

CC 1236/02 The State of Israel v. Shachar Medatov

 

-----------------

CA 6141/03

Shachar Medatov v. The State of Israel

 

TIP, pandering, false imprisonment, threats. 42 months imprisonment (including activated suspended imprisonment to be served in overlapping), 20,000NIS fine and 20,000NIS compensation for the victim. 

District Court:

55 months imprisonment, (42 + activating suspended imprisonment of additional 13 months imprisonment); 20,000NIS fine and 20,000NIS compensation for the victim. 

 

The District Court did not respect the plea bargain, and decided that the activated sentences would be served consecutively.  

The accused appealed the sentence. The Supreme Court rejected the appeal, but noted that the sentence is still lower than the desirable standard.

 

CC

June 15, 2003

 

 

 

 

CA December 10, 2003

 

CC 1241/02 The State of Israel v. Reuvenov TIP (one victim), pandering, false imprisonment, threats 4 years imprisonment, suspended imprisonment, 2,000 NIS fine.

District court:

4 years imprisonment, 2 years suspended imprisonment, 2,000 NIS fine

 

The defendant was already serving a long prison sentence for other offences when charged with TIP, his partner was only charged of pandering and sentenced to 13 months imprisonment. The defendant was in the past a police officer and suffered a severe head injury. He also suffers from other serious medical problems. January 18, 2004
CC 1123/03 The State of Israel v. Lipshin et al.

Defendant 1 – TIP (one victim), rape, pandering, threats, false imprisonment, assault

Defendant 2 –

Rape

 

-

District Court:

Defendant 1

12 years imprisonment, 3 years suspended imprisonment, 35,000 NIS compensation to the victim

Defendant 2

5 years imprisonment, 5,000 NIS compensation to the victim

 

The defendant agreed to plea guilty after the Court heard the testimony of the victim. There was no agreement with the Prosecution on the punishment. January 29, 2004

CC 1100/03

The State of Israel v. Edward Rachimov

 

   

District Court:

3 years imprisonment, 24 months suspended imprisonment

 

  February 11, 2004

Additional Cases
involving Trafficking in Persons
[15]

Case No. Offence Plea bargain Sentence Observations Decision rendered on:
CC 1210/01 The State of Israel v. Joerge Yossef et al.

1st defendant:

TIP, causing a person to engage in prostitution, indecent act.

 

2nd defendant:

TIP, causing a person to engage in prostitution, false imprisonment, maintaining a place for prostitution, pandering and threats.

 

3rd 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

Examples of Cases involving Related Offences [16]

Case No. Offence Plea bargain Sentence Observations Decision rendered on:

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

 





[10] Decisions rendered between March 2003 and February 2004.
Please not that the list is not exhaustive. Updates may be forwarded to the U.S State
Department in the coming months.

[11] CC=Criminal Case.

[12] CA=Criminal Appeal.

[13] ACH=Additional Criminal Hearing.

[14] NIS = New Israeli Shekel.

[15] 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.

[16] 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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