ECHR finds Spain authorities failed to investigate human trafficking allegation News
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ECHR finds Spain authorities failed to investigate human trafficking allegation

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

The case, T.V. v. Spain, centered on the victim’s claims of human trafficking and sexual exploitation between 2003 and 2007. The ECHR unanimously found 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 Spanish authorities, emphasizing there was a blatant disregard for the duty to address allegations of human trafficking — a crime that inflicts severe consequences on its victims.

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

The ECHR 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 diligence and thoroughness in the initial stages of the investigation was particularly concerning.

Moreover, the court criticized the authorities for not fully exploring the circumstances surrounding the victim’s alleged exploitation, including her work in a specific club. These oversights were deemed as a violation of the duty to investigate human trafficking allegations.

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

The US 2024 Trafficking in Persons Report highlights the widespread exploitation of foreign victims of human trafficking in Spain, with a focus on women originating from nations such as Colombia, Paraguay, and Venezuela. The report underscores how traffickers leverage coercive tactics like deceitful recruitment and debt enslavement 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 trafficking. The Spanish Ministry of Equality’s macro-study on trafficking, sexual exploitation, and prostitution of women in 2023 also confirms the 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 as mere merchandise.”