The government increased protection efforts. In 2022, authorities identified 72 trafficking victims (42 sex trafficking, nine labor trafficking, 21 unspecified forms of trafficking), a multiyear increase from 68 in 2021 and 64 in 2020. Of these victims, the vast majority were female sex trafficking victims, and all but one were foreign nationals. NGOs continued to express concern that the government’s focus on female sex trafficking victims overlooked vulnerable boys and men as potential victims. The 2022-2025 NAP set the overall framework for victim identification and protection measures. In 2022, as outlined in the NAP, the Department for Gender Equality assigned the Center against Human Trafficking (CMM) – which coordinated interagency engagement, collected and disseminated data, and developed nationwide social services for victims – and the Danish Immigration Service (DIS) as the only authorities with responsibility to formally identify trafficking victims to ensure uniform case management and data protection. NGOs noted their appreciation for the new streamlined process but expressed concern it impaired their trust-building and continuity efforts and limited their role working with victims as they could no longer conduct interviews to formally identify victims. CMM was responsible for formal identification of Danish or EU citizens or documented migrants, while DIS was responsible for formal identification of undocumented immigrants and asylum-seekers. DIS screened potential victims during asylum interviews; if indicators of trafficking were present, DIS requested CMM assess the case. Lawyers who worked with victims noted, while asylum officers were aware of trafficking indicators, they were not trained to identify potential victims among asylum-seekers. CMM, DIS, and the courts assessed whether a victim was eligible for assistance, which was not conditional on cooperation with law enforcement, or whether there was an ongoing investigation.
The NAP entitled all victims to the same assistance regardless of their residency status or country of origin. In 2022, 69 identified trafficking victims received some form of government assistance (68 in 2021, 64 in 2020). As a standard practice during reflection periods, CMM assigned a contact person to inform victims of relevant services and coordinate assistance. As part of the NAP and to ensure safety and quality services, the Ministry of Social Affairs and Senior Citizens approved accommodations for trafficking victims and conducted inspections of shelters for adequate services. For victims without legal status or asylum-seekers, CMM provided accommodation, in collaboration with DIS,s in asylum centers, shelters, or safe houses, which offered health care services, social services, educational activities, and vocational training for trafficking victims throughout the duration of their stay. CMM also offered educational activities, health care, and psychological care through private clinics and received 10.8 million DKK ($1.55 million) for 2022-2025 from the government. A government-funded NGO operated a specialized crisis shelter for up to eight female victims and, for 2022-2025, received 1.5 million DKK ($215,550) annually. The NGO received an additional 1 million DKK ($143,700) to renovate the shelter. Male victims could be accommodated in shelters specialized for men in crisis.
Municipal child protection authorities assisted child victims and placed them in foster care, municipal accommodations, or residential care institutions. The Danish Red Cross assisted unaccompanied children in facilities partially funded by the government and screened all unaccompanied children in asylum centers for trafficking indicators. Regional experts reported shortcomings, such as a lack of clear procedures, in the identification of child victims, especially among unaccompanied migrant children. In 2022, four of the 72 identified victims were children (five in 2021). Experts recommended developing a specialized framework for identifying and assisting children and providing safe accommodations. CMM and the Ministry of Immigration and Integration’s Return Agency offered financial and legal counseling and reintegration assistance provided either as cash support or in-kind as activities facilitated by local partner organizations. In 2022, the Return Agency granted reintegration support to 31 victims (15 cash support, 16 in-kind support). The most common reintegration activities included business start-ups, education, accommodation, and purchasing household supplies; cash support was given to victims returning to countries where Denmark did not have a local partner. Local municipalities also provided separate victim assistance.
Strict immigration policies and guidelines increased vulnerability among asylum-seekers and refugees, particularly those the government returned to their country of origin who could face retribution or hardship. However, the government remained focused on receiving and integrating Ukrainian refugees and providing them counseling and support. The Aliens Act allowed the government to grant residence permits to refugees and family members, including trafficking victims, for temporary stay only and to revoke residence permits if the government determined the need for protection no longer existed. In 2022, for the second consecutive year, the government granted a temporary residence permit to a trafficking victim. Regional experts reported it was “nearly impossible” for victims to receive a residence permit, noting since 2017 the government had granted only three new residence permits. Experts also reported the difficulty for victims to receive work permits. NGOs contended authorities primarily treated foreign victims as undocumented immigrants subject to arrest or deportation, especially if victims were previously detained by law enforcement. Officials had the authority to detain potential victims for 72 hours and could extend this period when they needed more time to determine victim status or immigration status, or to identify traffickers. As part of procedure, the government granted identified, undocumented trafficking victims a 30-day reflection period to stay in Denmark and receive support and assistance – regardless of their cooperation with police – with the potential to extend another 90 days. The government required victims who accepted the subsequent 90-day extension to leave voluntarily within 120 days. The Return Agency processed voluntary returns of foreigners whose residency requests were not approved, including trafficking victims, to their country of origin. Some victims chose not to participate in a voluntary return because they viewed it as preparation for deportation. Additionally, traffickers’ use of debt-based coercion and victims’ lack of protection in their home countries served as significant deterrents from accepting the return. NGOs expressed concern the government’s focus on swiftly repatriating victims to their countries of origin did not fully consider whether victims would face retribution or hardship if returned to countries where local authorities were unable to protect them. Regional anti-trafficking experts, including the Council of Europe, contended the 30-day reflection period did not facilitate a sufficient period of reflection and recovery necessary to determine whether victims would cooperate in the investigation of their cases; rather it was a period of time victims had to cooperate in their repatriation. During the pandemic, the government extended the 30-day reflection period up to eight months; NGOs supported keeping the longer reflection period, noting it allowed victims to rest, seek counsel, and recover properly. NGOs noted the government did not have a legal mechanism to allow victims to permanently remain in Denmark. The government allowed victims who assisted in the prosecution of a trafficker to remain in Denmark for the duration of the investigation or court proceedings. However, NGOs reported the threat of deportation prevented victims from coming forward and led some identified victims to leave shelters before the conclusion of police investigations or court proceedings to evade deportation. Additionally, observers noted many victims saw no benefit to being identified and there was little to no incentive for victims to serve as witnesses since there were limited long-term residence options, the compensation process remained complex, and, above all else, the government prioritized returning victims to their countries of origin. Police noted the burden of proof for law enforcement to prove a trafficking case became difficult when victims did not testify in court. For victims who testified in court, the government assigned a contact person, typically a police officer, to provide guidance and information about the case. Danish law entitled victims to legal assistance during their trials upon request and the ability to request restitution from traffickers as part of criminal proceedings as well as file civil suits for financial compensation. In 2022, courts granted restitution, totaling 140,000 DKK ($20,120), in three cases and compensation, totaling 280,100 DKK ($40,250), in four cases.
Sections 82(6) and 83 of the Danish criminal code stated, under mitigating circumstances, authorities could reduce or remit penalties if a victim committed a crime as a result of force, deceit, or exploitation. Additionally, according to Section 722(2) of the Administration of Justice Act, authorities could waive or reduce prosecution if a victim was compelled to commit a crime and the crime committed could not be characterized as a “serious crime.” If the crime committed was characterized as a “serious crime,” the compulsion could be considered as a mitigating factor in sentencing. The Director of Public Prosecutions provided guidelines to prosecutors to provide fair and consistent application of Section 722(2). While the Director of Public Prosecutions was unable to provide data on whether trafficking victims had been fined or jailed for unlawful acts committed as a direct result of being trafficked, NGOs asserted there were incidents in which authorities prosecuted victims, including children, for unlawful acts committed as a direct result of being trafficked.