The European Court of Human Rights (ECtHR) has held that multiple delays and procedural failings in the preliminary inquiry and investigation concerning a victim of human trafficking amounted to violations of Articles 4, 6, 1 and 13 of the ECHR on the part of the Greek authorities.
The case concerned a Nigerian woman, L.E, who came to Greece having been promised work opportunities by K.A, another Nigerian national. On arrival in Greece, K.A confiscated L.E’s passport and forced her to engage in prostitution for approximately 2 years. The applicant was arrested twice on prostitution charges but acquitted in both cases and in April 2006 an expulsion order was issued against her but later suspended on the grounds it was impractical. L.E was arrested on prostitution charges again in November 2006 and placed in detention pending expulsion as she did not have a valid residence permit. Whilst in detention, she made a criminal complaint against K.A and his partner, D.J, claiming she was a victim of human trafficking and forced prostitution. Whilst this complaint was initially dismissed, criminal proceedings were initiated against K.A and D.J in August 2007 for human trafficking offences. D.J was acquitted in April 2012 as the Court held that D.J was not K.A’s accomplice but another of his victims. D.J could not be found.
Whilst the Court confirmed that the relevant legislation in place in Greece concerning human trafficking offences was capable of providing appropriate protection in theory, in practical terms the failings of Greek authorities with regard to the various stages of administrative and judicial proceedings constituted a violation of Greece’s positive procedural obligations under Article 4, the prohibition of slavery and forced labour, and thus amounted to a violation of Article 4. The Court cited a “lack of promptness” and unreasonable delay on the part of Greek police and prosecuting agencies in failing to appropriately act on L.E’s claims of being forced into prostitution and properly conducting the investigation once it had been initiated. The Court considered the length of time of the proceedings, which the Court held began in 2007 and ended in 2012 with the prosecution of D.J, did not meet the “reasonable time” requirement and therefore constituted a breach of Articles 6 and 1, the right to a fair hearing within a reasonable time. Finally, the Court held that the failure of the Greek legal system at the time of L.E’s complaint to provide an effective remedy within the meaning of Article 13 of the Convention with regard to the length of time of proceedings was a violation of Article 13.
Click here to read the full judgment of the ECtHR (in French).
Click here to read the ECtHR’s press release for this case (in English).