HESTI project findings

1. European Institute for Crime Prevention and
Control, affiliated with the United Nations
EXPLOITATIVE SHAM MARRIAGES AND
HUMAN TRAFFICKING
TRACE-project workshop, 29 February 2016,
Stockholm
Minna Viuhko, Researcher, HEUNI

2. European Institute for Crime Prevention and
Control, affiliated with the United Nations
Preventing human trafficking and sham
marriages (HESTIA) -project
Aims of the research:
o To explore the links between sham marriages and
trafficking criminality
o To provide new information on the vulnerabilities,
factors, methods and channels that facilitate sham
marriages resulting in trafficking in persons
o Different kinds of data have been utilised
o → We are interested in sham marriages in the context
of human trafficking (not in sham marriages as such)
– exploitation element is essential

3. European Institute for Crime Prevention and
Control, affiliated with the United Nations
Research questions
• What are the links between (organisation of) sham
marriages and trafficking criminality?
• How do persons concluding sham marriages end up
in situations of trafficking in persons/exploitation?
• What forms of exploitation the victims encounter?
• What are the weaknesses of the system/ legislation/
administrative procedures that enable trafficking in
the context of sham marriages?
• What can be done to enhance the identification of
cases/victims (thb & serious exploitation)? What
could be done to improve assistance provided to
victim?
• What can be done to prevent exploitation?

4. European Institute for Crime Prevention and
Control, affiliated with the United Nations
Challenges related to terms &
definitions
➤ Different terms, same/different meanings:
sham marriage, marriage of/in convenience,
forced marriage, fictitious marriage, fake marriage,
false marriage, bogus marriage…
➤ Marriages that are formally valid
➤ ”Exploitative sham marriages”
➤ Sham marriages in the context of human trafficking /
THB for the purpose of sham marriage
➤ (cp. Europol 2016: forced sham marriage)

5. European Institute for Crime Prevention and
Control, affiliated with the United Nations
Some (preliminary) findings
(NB: The project is on-going and results are not final)
➤ Purpose of these marriages: to legalise the stay of a
third country nationals in the EU
➤ Similarities between the five countries
➤ Differences between the countries
➤ Problems related to definitions and legislation
(what is criminalised, what should be criminalised;
elements of exploitation, elements of THB)