The Irish High Court has ruled that Ireland has failed to adequately comply with its obligations under EU law towards victims of human trafficking. EU law requires States to put in place 'appropriate mechanisms' for the early identification of victims of trafficking.
The case concerned the administrative arrangements in place in Ireland for the protection of persons who are accused of committing a criminal offence but who are also suspected to be victims of human trafficking.
The accused, Ms. P, a Vietnamese national, had been in custody awaiting trial on charges relating to the alleged possession and cultivation of cannabis plants since November 2012. Soon after her detention, Ms. P sought to be identified as a victim of trafficking, however her application before the Garda National Immigration Bureau was denied. The application to the High Court arose out that refusal.
Judge Iseult O’Malley found a number of fundamental difficulties with the mechanism in place in the State for the early identification of trafficked persons, in so far as it relates to persons suspected of involvement in criminal activity. The High Court found fault in the transparency with the administrative process. It was unclear what must be proven before recognition of trafficking and found that international consensus reflected in the Directive was that a person should be identified as a 'suspected victim' if there were reasonable-grounds indicators to that effect. The Judge went on to say that the presence of evidence suggesting that the victim consented to his or her treatment does not dispose of this issue.
The Irish Human Rights and Equality Commission was granted leave to intervene as amicus curiae in the case. The Commission’s submissions in the case questioned the adequacy of the current protection regime for persons who claim to be victims of human trafficking. In particular the Commission raised concerns in relation to the administrative scheme for the identification of victims of trafficking and whether it met the relevant human rights standards. In particular the Commission highlighted the relevant burden of proof under EU law which applies a low threshold for access to the State system of protection and support, in circumstances where the Irish authorities appeared to be placing a much higher burden of proof on the alleged victim. A full note on the Commission’s reaction to the judgement can be accessed here.
Click here to read the EU Directive on Preventing and Combating Trafficking in Human Beings.
Click here to read a copy of the judgement.
Click here to read an article from the Irish Times