SPC assist to prevent extradition of human trafficking victim

Some cases cannot be reported at the time due to ongoing legal processes, but we are happy to report that one of our older cases has reached a successful conclusion. In late 2019 SPC were instructed to review a case where a 56 year old Slovakian man (IT) had been arrested on a European Arrest Warrant issued by the Slovakian Courts for failing to serve a 2 year suspended prison sentence imposed in 2013 and lasting until 2018 for the theft of £5 worth of old metal. The breach of the suspended sentence should have been enacted following his arrest and imprisonment for a subsequent of theft and criminal damage in 2015. Notwithstanding that the client was in prison for 7 months during which the state should have enacted the suspended sentence, they failed to do so, and IT was released at the end of the 7 month sentence. The failure was down to the Slovakian authorities.

IT had a troubled life. He was uneducated and an alcoholic. He was homeless and had only been able to do menial low paid jobs throughout his life. He turned to petty crime and between 17 years and 52 of age he was convicted 7 times. On his release from prison he was again homeless and highly vulnerable.

He was recruited by a family who wanted someone to do domestic and unskilled labouring work. He was promised a better life and better money if he worked for them abroad working for their relatives. IT describes his recruiter as friendly and kind in Slovakia and that he paid for the plane tickets and travel expenses.

It was never their intention to pay him or provide him with a better life. IT was taken to Ireland, possibly Dublin where he lived with his recruiter and his family including some extended relatives. He was put to work doing domestic work and labouring tasks. He was poorly fed and never paid for his labours. On at least one occasion he was beaten because he had accepted extra food from a relative. In addition, his trafficker held his Slovak identity card.

He was in a foreign country; he did not speak the language and he had his identity card withheld by his trafficker. All of these circumstances were used as control mechanisms to make him 100% reliant on his traffickers.

After a period of approximately 7 or 8 months and his poor treatment IT was sold to another family. He was promised a better place to live, food and work. On the way his new ‘owner’ bought him more cigarettes and some sweets. This is again a clear recruitment strategy. On his arrival at his new ‘home’ he was allowed to bathe and was given a ‘massive dinner’. However then it all changed, and he was put to work firstly in a greenhouse and then later on a farm handling coal. He was never paid any money he said in interview “No, I never saw the money.  They paid them not me.  They bring me the food and bring like soft drinks and tobacco, never money.”

He was then sold on again to a family in Manchester. His new owners took him by car and ferry across the Irish sea. The held his Slovak identity card throughout. His new owners placed him in a job. He worked 12 hours a day 6 days a week. His ‘pay’ was taken by his owners. He was told the money was being paid into a bank account for him to have later. This was a lie. he was also required to act as a domestic servant in the home. He was provided only with a bed, some clothes, food and cigarettes.

Following his arrest on the EAW IT gave a full interview to the police. He gave all of the details and named all of the suspects. He gave their locations, and they were easily traceable. He was never seen as a victim of human trafficking which he undoubtedly was and the crimes against him were never investigated.

As a result of our full review of the case, our own investigations and the provision of an expert witness statement our expert Bernie Gravett was called before the extradition hearing at Westminster Magistrates Court in October 2019. The Court accepted our opinion that the EAW was not issued correctly as IT was in the custody of the authorities at the time of the breach of his suspended sentence and it was their failure to take the appropriate actions at the time. Further, the Court found that IT was the victim of human trafficking and ordered that an investigation be opened, and IT safeguarded.

Sadly, there have been np prosecutions in this case, but IT remains safe in the UK and after being provided with support is doing well.

As in many cases we deal with all of the signs were there and the police failed in their duty to investigate this case properly from the outset. IT was a credible witness who provided a great deal of evidence that could have led to the convictions or an organised crime group who were trafficking people from Slovakia into both Ireland and the UK. More needs to be done if we are to fight this crime and protect the victims.