ECHR rules that Spanish authorities failed to investigate allegations of human trafficking – JURIST

The European Court of Human Rights (ECHR) ruled on Thursday that Spanish authorities failed in their duty to adequately investigate allegations of human trafficking by a Nigerian woman.

The case, TV vs Spainfocused on the victim’s claims of human trafficking and sexual exploitation between 2003 and 2007. The ECtHR unanimously ruled that there had been a violation of Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labor. The court highlighted significant shortcomings in the investigation conducted by the Spanish authorities, emphasizing that there was a blatant disregard for the duty to address allegations of human trafficking – a crime that has serious consequences for its victims.

In the judgment, the ECtHR found that despite the victim’s 2011 criminal complaint and subsequent escape from her alleged traffickers, the investigation was marred by delays and shortcomings.

The ECtHR noted that crucial investigative actions, such as questioning relevant individuals and identifying alleged traffickers, were significantly delayed, with some steps taken years after the complaint. The lack of care and thoroughness in the initial phase of the investigation was particularly worrying.

Furthermore, the court criticized the authorities for not fully investigating the circumstances surrounding the alleged exploitation of the victim, including her work at a specific club. These errors were considered a violation of the duty to investigate allegations of human trafficking.

This chamber judgment is subject to further review on the basis of Articles 43 and 44 of the European Convention on Human Rights. During the three months following the ruling, either party may request that the case be referred to the Grand Chamber of the ECtHR.

The US Trafficking in Persons Report 2024 highlights the widespread exploitation of foreign trafficking victims in Spain, with a focus on women from countries such as Colombia, Paraguay and Venezuela. The report highlights how traffickers use coercive tactics, such as deceptive recruitment and debt bondage, to exploit vulnerable individuals. In Spain, commercial sex is neither expressly permitted nor prohibited by law.

NGOs estimate that a significant majority, ranging from 80 to 90 percent, of the approximately 500,000 individuals engaged in the commercial sex industry in Spain are unrecognized victims of human trafficking. The Spanish Ministry of Equality’s macro study on trafficking in women, sexual exploitation and prostitution of women in 2023 also confirms this alarming fact. The Spanish government has pledged to take measures to eliminate all forms of violence against women and eradicate the persistence of human trafficking, the “modern slavery that uses the most vulnerable people merely as commodities.”