The anti-trafficking policy has been a debatable issue. On the one hand the states adopt strict legislations in the securitization of the borders and on the other hand they try to harmonize the human rights law related to the protection for the vulnerable groups of people. According to the law the victims of human trafficking belong to the vulnerable groups of people. The legal protection provides first, medical and psychological aid and support and second a short term residence for humanitarian reasons. The problem occurs after the expire of this short term residence permission. The new Greek law 3907/2011 revised the article 44 of the previous law 3386/2005 in changing the preconditions for the renewal of the residence permission for the victims of human trafficking.
In Greece the Migrant Law of 3386/2005 in article1 defines as victim of human trafficking the person which became victim of the criminal acts provided in the penal law. The law 3386/2005 provided a short term residence permission to the victims of human trafficking with the presuppose that the victims will cooperate with state authorities. The new law 3907/2011 which will come into force in 2012, provides the victims with an annual permission of residence for humanitarian reasons. The revised article 44 (article 42 in 3907/2011) explicitly refers to the victims of human trafficking which they don’t cooperate with state authorities. However, the main requirement for the renewal of the residence permission is the investigation and the judicial procedure over their case. If the penal procedure comes to an end then it is really difficult for the victims of human trafficking to renew their residence in the host country. As a result the end of the judicial investigation means in fact deportation. Therefore, the human trafficking victims are being victimized twice. This precondition for rendering the residence permission for another two years is still problematic considering that the penal procedure in one way or another needs the witness and in fact the cooperation of the victims. Considering that the victims usually are afraid to turn in their pimps or due to psychological reasons, they deny to cooperate, this legal mechanism of protection is likely to fail.
As a result the victims are being trapped in a legal impasse which on the one hand provides borders securitization and on the other hand declares the protection of human rights. By taking away any possibility for the victims to settle in a country and take control of their life, they are calling to choose between deportation and prolonged victimization.