Parosha Chandran wins in the European Court of Human Rights in a unanimous judgment against Spain (T.V. v. Spain, Application no. 22512/21)

10 Oct 2024

Parosha Chandran wins in the European Court of Human Rights in a unanimous judgment against Spain (T.V. v. Spain, Application no. 22512/21) on behalf of a highly vulnerable victim of human trafficking, the Court finding unanimously that Spain had violated Article 4 ECHR.

The case concerned a Nigerian victim of human trafficking who had been trafficked as a minor in Spain for the purpose of sexual exploitation from the age of 14, suffering significant psychiatric harm in consequence of which she was deemed to have 75% psychiatric disability.

Supported by the Catalan-based NGO, SICAR cat (now Fundacion Solidaridad Amaranta) and a UK-based legal team led by Parosha Chandran, instructed by Raja Rajeswaran Uruthiravinayagan and team at Duncan Lewis Solicitors, the Applicant T.V. successfully complained to the Court that Spain had violated her Article 4 ECHR rights by conducting significant procedural shortcomings in the criminal justice response to her trafficking, leading to the domestic authorities wrongly discontinuing the criminal prosecution against the people who had been charged with trafficking her as a minor in Spain for the purpose of sexual exploitation.

The Court found that the Applicant had an arguable criminal complaint of human trafficking and forced prostitution, supported by prima facie evidence. It found that Spain had been responsible for an ineffective criminal investigation and a failure to act with the requisite diligence at the initial investigation stage, including by failing to pursue obvious lines of inquiry. The Court found that the domestic court’s decision to provisionally dismiss the prosecution case against those charged with trafficking the Applicant had been conducted on a superficial basis and was insufficiently reasoned. In conclusion, the Court found that Spain’s defective manner of implementation of essential criminal law mechanisms amounted to a breach of Spain’s procedural obligation under Article 4 ECHR. An award of compensation to the Applicant and an order for her legal costs was made.

In reaching its findings, summarised above, the European Court of Human Rights held that the Spanish domestic authorities had displayed “a blatant disregard for the obligation to investigate serious allegations of human trafficking, an offence with devastating consequences for its victims.”

This is a crucial new judgment of the European Court of Human Rights on the operation of the positive obligation under Article 4 ECHR, including the requirement on States to act with diligence at the initial stages of a criminal investigation (following obvious lines of inquiry in order to gather available evidence) and the requirement to give thorough and objectively based reasons for any decision to discontinue criminal proceedings.

The Court’s judgment can be found here: T.V. v. SPAIN (coe.int)

SICAR cat (Fundacion Solidaridad Amaranta) which supported the Applicant in the Spanish domestic proceedings and in her case before the European Court of Human Rights said:

“We are confident that this judgment will reinforce effective access to justice for victims of trafficking by clearly establishing the obligations of States to develop diligent and proactive investigations based on prima facie evidence of trafficking. In addition, we consider that the Spanish State must repair the moral damage caused to the victim and ensure that this type of error does not happen again”.

Parosha Chandran, the Applicant’s barrister said:

“This case shows what can happen when civil society organisations, utilising their incredible expertise and dedication, support vulnerable victims of trafficking in their domestic court proceedings and in supervisory jurisdictions such as the European Court of Human Rights. It is a testament to the courage of the Applicant and the unwavering support of the Spanish NGO SICAR cat in this case, spearheaded by Sandra Camacho, that this case has achieved this significant outcome to protect the rights of all victims of trafficking with the Court recognising that due diligence, human dignity and respect must be awarded by States in their interactions with victims and witnesses of this devastating and deplorable crime.

It was an honour to represent the Applicant and to support the work of SICAR cat in bringing this case and achieving this judgment. I thank Raja Rajeswaran Uruthiravinayagan, Gina Skandari and Kristen Allison at Duncan Lewis Solicitors for bringing their excellence to the case”.

Raja Rajeswaran Uruthiravinayagan, the Applicant’s solicitor said:

“This judgment reaffirms a State’s obligations under Article 4 of the European Convention on Human Rights to effectively investigate and combat human trafficking and forced labour. The Court has made it clear that mere formal investigations are not sufficient; States must act with diligence, pursue all reasonable lines of inquiry, and provide substantive reasons for their decisions. The failings of the Spanish authorities in this case highlight lessons for other jurisdictions, including the UK, where similar obligations exist to ensure that allegations of trafficking and forced labour are met with thorough, prompt, and effective investigations. Authorities must take these obligations seriously to protect vulnerable individuals and uphold the rule of law in the fight against human trafficking.”

Comments by International Experts:

Ms Petya Nestorova, Executive Secretary of the Council of Europe Convention on Action against Trafficking in Human Beings, said:

“This is a crucial judgment that develops further the caselaw of the ECtHR on the positive obligations on States to investigate, prosecute and punish perpetrators of human trafficking. It emphasises that in order to comply with their obligations under the Council of Europe Anti-Trafficking Convention, they must conduct effective investigations into credible allegations of human trafficking, carefully considering all relevant evidence. GRETA’s intervention in the case importantly highlighted that the age assessment procedure should not be used to cast doubt on a person’s claim that he or she was a victim of human trafficking.”

Ms Corinne Dettmeijer-Vermeulen, current member of the United Nations CEDAW committee and former Dutch National Rapporteur on Human Trafficking, said:

“In a ground-breaking case the European Court of Human Rights has set out in great detail how a thorough criminal investigation into human trafficking should be carried out. After its important decisions about the nature of human exploitation  (Siliadin v France) and about the identification of victims of trafficking (Rantsev v Cyprus and Russia) the Court now in TV v Spain explains in the clearest of terms how victims of human trafficking deserve criminal cases against their traffickers to engage serious and diligent investigation by the State.

Ms Chandran has once again shown herself to be a true champion for victims of trafficking and human rights violations: the Court’s judgment in TV v Spain sets a precedent that is not only of critical importance for all victims of trafficking, but also for victims of sexual abuse and violence.”

Ambassador (retd.) Luis C.deBaca, former U.S. Ambassador to Monitor and Combat Trafficking in Persons, said:

“Through this important case, Parosha Chandran is holding States responsible to seriously and effectively investigate trafficking situations. After today, it is clear that trafficking victims have a right not only to identification and protection, but to see their abusers brought to justice.”

Notes:

Parosha Chandran was instructed by Raja Rajeswaran Uruthiravinayagan at Duncan Lewis Solicitors, who led a team of solicitors comprising Gina Skandari and Kristen Allison.

The Applicant’s case was originally referred to Parosha Chandran by Sandra Camacho of the Catalan-based NGO, SICAR cat (now Fundacion Solidaridad Amaranta). SICAR cat supported the Applicant in the Spanish domestic proceedings and also in the matter before the ECtHR.

Material support and assistance was given to the Applicant’s case by the LexisNexis Rule of Law Foundation by way of funding the provision of English translations of the Spanish domestic proceedings to assist the UK-based legal team. Thanks are given to the President of the Foundation, Ian McDougall, and to its Vice President and Treasurer, Terry Jennings.

GRETA, the Group of Experts of the Council of Europe Convention on Action against Trafficking in Human Beings supported the case before the ECtHR as an independent Intervener.

The AIRE Centre supported the case before the ECtHR as an independent Intervener.