Request for strike out rejected;Preliminary objection dismissed (ratione loci);Preliminary objection joined to the merits (ratione materiae);Preliminary objection dismissed (ratione materiae);No violation of Art. 2 by Cyprus (substantive aspect);Violation of Art. 2 by Cyprus (procedural aspect);No violation of Art. 2 by Russia;Violation of Art. 4 by Cyprus;No violation of Art. 4 by Russia;Violation of Art. 4 by Russia;Violation of Art. 5 by Cyprus;Remainder inadmissible;Non-pecuniary damage - award

Anatoly Kovler;Christos Rozakis;Dean Spielmann;Elisabeth Steiner;George Nicolaou;Giorgio Malinverni;Sverre Erik Jebens

The applicant , PERSON , is a NORP national who was born in DATE and lives in GPE , GPE . He is the father of PERSON , also a NORP national , born in DATE .

The facts of the case , as established by the submissions of the parties and the material submitted by them , in particular the witness statements taken by the NORP police , may be summarised as follows .

PERSON arrived in GPE on DATE . On DATE , ORG , the owner of a cabaret in GPE , had applied for an “ artiste ” visa and work permit for PERSON to allow her to work as an artiste in his cabaret ( see further paragraph QUANTITY below ) . The application was accompanied by a copy of PERSON passport , a medical certificate , a copy of an employment contract ( apparently not yet signed by PERSON ) and a bond , signed by [ ORG Agencies , in the following terms ( original in LANGUAGE ) :

“ KNOW ALL MEN BY THESE PRESENTS that I [ X.A. ] of L / SSOL Am bound to the Minister of the Interior of GPE in the sum of £ MONEY to be paid to the said Minister of the ORG or other the [ sic ] Minister of ORG for the time being or his attorney or attorneys .

Sealed with my seal .

Dated DATE of DATE

WHEREAS PERSON of GPE

PERSON called the immigrant , ( which expression shall where the context so admits be deemed to include his heirs , executors , administrators and assigns ) is entering GPE and I have undertaken that the immigrant shall not become in need of relief in GPE during a period of DATE from the date hereof and I have undertaken to replay [ sic ] to GPE any sum which GPE may pay for the relief or support of the immigrant ( the necessity for which relief and support the Minister shall be the sole judge ) or for the axpenses [ sic ] of repatriating the immigrant from GPE within a period of DATE from DATE .

NOW THE CONDITION OF THE ABOVE WRITTEN BOND is such that if the immigrant or myself , my heirs , executors , administrators and assigns shall repay to GPE on demand any sum which GPE may have paid as aforesaid for the relief or Support of the immigrant or for the expenses of repatriation of the immigrant from GPE then the above written bond shall be void but otherwise shall remain in full force . ”

PERSON was granted a temporary residence permit as a visitor until DATE . She stayed in an apartment with other young women working in ORG ’s cabaret . On DATE she was granted a permit to work until DATE as an artiste in a cabaret owned by ORG and managed by his brother , PERSON She began work on DATE .

On DATE , at TIME , PERSON was informed by the other women living with PERSON that she had left the apartment and taken all her belongings with her . The women told him that she had left a note in NORP saying that she was tired and wanted to return to GPE . On the same date PERSON informed ORG in GPE that Ms GPE had abandoned her place of work and residence . According to ORG ’s subsequent witness statement , he wanted PERSON to be arrested and expelled from GPE so that he could bring another girl to work in the cabaret . However , PERSON name was not entered on the list of persons wanted by the police .

On DATE , at TIME , PERSON was seen in a discotheque in GPE by another cabaret artiste . Upon being advised by the cabaret artiste that PERSON was in the discotheque , PERSON called the police and asked them to arrest her . He then went to the discotheque together with a security guard from his cabaret . An employee of the discotheque brought PERSON to him . In his subsequent witness statement , PERSON said ( translation ) :

“ When PERSON got in to my car , she did not complain at all or do anything else . She looked drunk and I just told her to come with me . Because of the fact that she looked drunk , we did n’t have a conversation and she did n’t talk to me at all . ”

M.A. took PERSON to FAC , where QUANTITY police officers were on duty . He made a brief statement in which he set out the circumstances of PERSON arrival in GPE , her employment and her subsequent disappearance from the apartment on DATE . According to the statement of the police officer in charge when they arrived ( translation ) :

“ On DATE , slightly before TIME , [ GPE ] found [ PERSON ] in the nightclub Titanic ... he took her and led her to the police station stating that Ms GPE was illegal and that we should place her in the cells . He ( [ GPE ] ) then left the place ( police station ) . ”

The police officers then contacted the duty passport officer at his home and asked him to look into whether PERSON was illegal . After investigating , he advised them that her name was not in the database of wanted persons . He further advised that there was no record of PERSON ’s complaint of DATE and that , in any case , a person did not become illegal until DATE after a complaint was made . The passport officer contacted the person in charge of the ORG ( Police Aliens and ORG ) , who gave instructions that PERSON was not to be detained and that her employer , who was responsible for her , was to pick her up and take her to their ORG for further investigation at TIME DATE . The police officers contacted PERSON to ask him to collect PERSON . PERSON was upset that the police would not detain her and refused to come and collect her . The police officers told him that their instructions were that if he did not take her they were to allow her to leave . PERSON became angry and asked to speak to their superior . The police officers provided a telephone number to ORG The officers were subsequently advised by their superior that ORG would come and collect PERSON . Both officers , in their witness statements , said that PERSON did not appear drunk . The officer in charge said ( translation ) :

“ PERSON remained with us ... She was applying her make - up and did not look drunk ... At around CARDINAL.CARDINALa.m . ... I was ... informed that [ PERSON ] had come and picked her up ... ”

According to ORG ’s witness statement , when he collected PERSON from the police station , he also collected her passport and the other documents which he had handed to the police when they had arrived . He then took PERSON to the apartment of GPE , a male employee at his cabaret . The apartment GPE lived in with his wife , PERSON , was a split - level apartment with the entrance located on the fifth floor of a block of flats . According to ORG , they placed PERSON in a room on the second floor of the apartment . In his police statement , he said :

“ She just looked drunk and did not seem to have any intention to do anything . I did not do anything to prevent her from leaving the room in [ the ] flat where I had taken her . ”

M.A. said that ORG and his wife went to sleep in their bedroom on the second floor and that he stayed in the living room of the apartment where he fell asleep . The apartment was arranged in such a way that in order to leave the apartment by the front door , it would be necessary to pass through the living room .

M.P. stated that he left his work at the cabaret “ Zygos ” in GPE at TIME and went to the “ NORP ” discotheque for a drink . Upon his arrival there he was informed that the girl they had been looking for , of NORP origin , was in the discotheque . Then PERSON arrived , accompanied by a security guard from the cabaret , and asked the employees of “ NORP ” to bring the girl to the entrance . PERSON , PERSON and the security guard then all got into PERSON ’s car and left . At around TIME returned to his house and went to sleep . At TIME his wife woke him up and informed him that PERSON had arrived together with PERSON and that they would stay until ORG opened . He then fell asleep .

D.P. stated that GPE brought PERSON to the apartment at TIME .. She made coffee and PERSON spoke with her husband in the living room . PERSON then asked PERSON to provide PERSON with a bedroom so that she could get some rest . PERSON stated that PERSON looked drunk and did not want to drink or eat anything . According to PERSON , she and her husband went to sleep at TIME while PERSON stayed in the living room . Having made her statement , PERSON revised her initial description of events , now asserting that her husband had been asleep when PERSON arrived at their apartment with PERSON . She stated that she had been scared to admit that she had opened the door of the apartment on her own and had had coffee with M.A ..

At TIME , PERSON was found dead on the street below the apartment . Her handbag was over her shoulder . The police found a bedspread looped through the railing of the smaller balcony adjoining the room in which PERSON had been staying on the upper floor of the apartment , below which the larger balcony on the fifth floor was located .

M.A. claimed that he woke at TIME in order to take PERSON to ORG . He called to GPE and GPE and heard PERSON saying that the police were in the street in front of the apartment building . They looked in the bedroom but PERSON was not there . They looked out from the balcony and saw a body in the street . He later discovered that it was PERSON .

D.P. claimed that she was woken by PERSON knocking on her door to tell her that PERSON was not in her room and that they should look for her . She looked for her all over the apartment and then noticed that the balcony door in the bedroom was open . She went out onto the balcony and saw the bedspread and realised what PERSON had done . She went onto another balcony and saw a body lying on the street , covered by a white sheet and surrounded by police officers .

M.P. stated that he was woken up by noise at TIME and saw his wife in a state of shock ; she told him that PERSON had fallen from the balcony . He went into the living room where he saw PERSON and some police officers .

In his testimony of DATE , PERSON stated that on DATE , TIME , he was smoking on his balcony , located on the first floor of GPE and ORG building . He said :

“ I saw something resembling a shadow fall from above and pass directly in front of me . Immediately afterwards I heard a noise like something was breaking ... I told my wife to call the police ... I had heard nothing before DATE and immediately afterwards I did not hear any voices . She did not scream during DATE . She just fell as if she were unconscious ... Even if there had been a fight ( in the apartment on the fifth floor ) I would not have been able to hear it . ”

ORG advised the ORG that the original investigation file had been destroyed in light of the internal policy to destroy files after DATE in cases where it was concluded that death was not attributable to a criminal act . A duplicate file , containing all the relevant documents with the exception of memo sheets , has been provided to ORG .

The file contains a report by the officer in charge of the investigation . The report sets out the background facts , as ascertained by forensic and crime scene evidence , and identifies CARDINAL witnesses : GPE , GPE , GPE , the CARDINAL police officers on duty at FAC , the duty passport officer , QUANTITY police officers who attended the scene after Ms GPE ’s fall , the forensic examiner and the laboratory technician who analysed blood and urine samples .

The report indicates that TIME after receiving the call from ORG wife , shortly after TIME , the police arrived at the apartment building . They sealed off the scene at CARDINAL a.m. and began an investigation into the cause of PERSON fall . They took photographs of the scene , including photographs of the room in the apartment where PERSON had stayed and photographs of the balconies . The forensic examiner arrived at TIME and certified death . An initial forensic examination took place at the scene

On DATE , the police interviewed GPE , GPE and PERSON as well as G.A .. They also interviewed the QUANTITY police officers who had seen PERSON and PERSON at FAC shortly before PERSON death and the duty passport officer ( relevant extracts and summaries of the statements given is included in the facts set out above at paragraphs CARDINAL ) . Of the QUANTITY police officers who attended the scene , the investigation file includes statements made by CARDINAL of them , including the officer placed in charge of the investigation . There is no record of any statements being taken either from other employees of the cabaret where PERSON worked or from the women with whom she briefly shared an apartment .

When he made his witness statement on DATE , ORG handed PERSON passport and other documents to the police . After the conclusion and signature of his statement , he added a clarification regarding the passport , indicating that PERSON had taken her passport and documents when she left the apartment on DATE .

On DATE an autopsy was carried out by the NORP authorities . The autopsy found a number of injuries on PERSON body and to her internal organs . It concluded that these injuries resulted from her fall and that the fall was the cause of her death . It is not clear when the applicant was informed of the results of the autopsy . According to the applicant , he was not provided with a copy of the autopsy report and it is unclear whether he was informed in any detail of the conclusions of the report , which were briefly summarised in the findings of the subsequent inquest .

On DATE the applicant visited FAC together with a lawyer and spoke to the police officer who had received PERSON GPE and PERSON on DATE . The applicant asked to attend the inquest . According to a later statement by the police officer , dated DATE , the applicant was told by the police during the visit that his lawyer would be informed of the date of the inquest hearing before ORG .

On DATE the applicant sent an application to ORG , copied to ORG and ORG in GPE . He referred to a request of DATE of ORG of the GPE region concerning legal assistance ( see paragraph CARDINAL below ) and asked to exercise his right to familiarise himself with the materials of the case before the inquest hearing , to be present at the hearing and to be notified in due time of the date of the hearing . He also advised that he wished to present additional documents to the court in due course .

The inquest proceedings were fixed for DATE and , according to the police officer ’s statement of DATE ( see paragraph CARDINAL above ) , the applicant ’s lawyer was promptly informed . However , neither she nor the applicant appeared before ORG . The case was adjourned to DATE and an order was made that ORG be notified of the new date so as to inform the applicant .

In a facsimile dated DATE and sent on DATE to ORG , copied to ORG and ORG in GPE , the applicant asked for information regarding the inquest date to be sent to his new place of residence .

On DATE the applicant did not appear before ORG and the inquest was adjourned until DATE .

On DATE the inquest took place before ORG in the absence of the applicant . The court ’s verdict of the same date stated , inter alia ( translation ) :

“ At TIME on [ DATE ] the deceased , in an attempt to escape from the afore - mentioned apartment and in strange circumstances , jumped into the void as a result of which she was fatally injured ...

My verdict is that ORG died on DATE , in circumstances resembling an accident , in an attempt to escape from the apartment in which she was a guest ( εφιλοξενείτο ) .

There is no evidence before me that suggests criminal liability of a third person for her death ” .

PERSON body was transferred to GPE on DATE .

On DATE the applicant requested ORG ( “ the GPE ” ) to perform an autopsy of the body . He further requested ORG of GPE and ORG to investigate PERSON death in GPE . On DATE ORG issued its report on the autopsy .

NORP In particular the following was reported in the forensic diagnosis ( translation provided ) :

“ It is a trauma from falling down from a large height , the falling on a plane of various levels , politrauma of the body , open cranial trauma : multiple fragmentary comminuted fracture of the facial and brain skull , multiple breeches of the brain membrane on the side of the brain vault and the base of the skull in the front brain pit , haemorrhages under the soft brain membranes , haemorrhages into the soft tissues , multiple bruises , large bruises and wounds on the skin , expressed deformation of the head in the front - to - back direction , closed dull trauma of the thorax with injuries of the thorax organs ... , contusion of the lungs along the back surface , fracture of the spine in the thorax section with the complete breach of the marrow and its displacement along and across ...

Alcohol intoxication of the medium degree : the presence of ethyl alcohol in the blood PERCENT , in the urine -CARDINAL,CARDINAL % . ”

NORP The report ’s conclusions included the following :

“ The color and the look of bruises , breaches and wounds as well as hemorrhages with the morphological changes of the same type in the injured tissues indicates , without any doubt , that the traumas happened while she was alive , as well as the fact , that they happened not very long before death , within a very short time period , one after another .

During the forensic examination of the corpse of PERSON no injuries resulting from external violence , connected with the use of various firearms , various sharp objects and weapons , influence of physical and chemical reagents or natural factors have been established . ... During the forensic chemical examination of the blood and urine , internal organs of the corpse no narcotic , strong or toxic substances are found . PERSON circumstances exclude the possibility of the death of PERSON from firearms , cold steel , physical , chemical and natural factors as well as poisoning and diseases of various organs and systems . ...

Considering the location of the injuries , their morphological peculiarities , as well as certain differences , discovered during the morphological and histological analysis and the response of the injured tissues we believe that in this particular case a trauma from falling down from the great height took place , and it was the result of the so - called staged / bi - moment fall on the planes of various levels during which the primary contact of the body with an obstacle in the final phase of DATE from the great height was by the back surface of the body with a possible sliding and secondary contact by the front surface of the body , mainly the face with the expressed deformation of the head in the front - to - back direction due to shock - compressive impact ...

During the forensic chemical examination of the corpse of PERSON in her blood and urine we found ethyl spirits CARDINAL and CARDINAL correspondingly , which during her life might correspond to medium alcohol intoxication which is clinically characterized by a considerable emotional instability , breaches in mentality and orientation in space in time . ”

On DATE ORG in GPE requested from the chief of GPE police station copies of the investigation files relating to PERSON death .

On DATE the applicant applied to ORG GPE region requesting the Prosecutor to apply on his behalf to ORG for legal assistance free of charge as well as an exemption from court expenses for additional investigation into the death of his daughter on the territory of GPE .

By letter dated DATE the Deputy General Prosecutor of ORG advised the Minister of Justice of GPE that ORG of the GPE region had conducted an examination in respect of PERSON death , including a forensic medical examination . He forwarded a request , dated DATE , under LAW ( “ the LAW ” – see paragraphs CARDINAL to CARDINAL below ) and the LAW between the GPE and GPE ORG DATE ( “ LAW ” – see paragraphs CARDINAL to CARDINAL below ) , for legal assistance for the purposes of establishing all the circumstances of PERSON death and bringing to justice guilty parties , under NORP legislation . The request included the findings of the NORP authorities as to the background circumstances ; it is not clear how the findings were reached and what , if any , investigation was conducted independently by the NORP authorities .

The findings stated , inter alia , as follows ( translation provided ) :

“ The police officers refused to arrest PERSON due to her right to stay on the territory of GPE without the right to work for DATE , i.e. until DATE . Then PERSON [ M.A. ] suggested to detain PERSON till TIME as a drunken person . He was refused , since , following the explanations provided by the police officers PERSON looked like a sober person , behaved decently , was calm , was laying make - up . PERSON , together with an unestablished person , at CARDINAL.CARDINALa.m . on DATE took PERSON from the regional police precinct and brought her to the apartment of [ GPE ] ... where [ they ] organised a meal , and then , at CARDINAL . locked PERSON in a room of the attic of the CARDINALth floor of said house . ”

The request highlighted the conclusion of the experts at ORG that there had been CARDINAL stages in PERSON fall , first on her back and then on her front . The request noted that this conclusion contradicted the findings made in the NORP forensic examination that PERSON death had resulted from a fall face - down . It further noted :

“ It is possible to suppose , that at the moment of her falling down the victim could cry from horror . However , it contradicts the materials of the investigation , which contain the evidence of an inhabitant of the CARDINALnd floor of this row of loggias , saying that a silent body fell down on the asphalt ... ”

The report concluded :

“ Judging by the report of the investigator to PERSON , the investigation ends with the conclusion that the death of PERSON took place under strange and un - established circumstances , demanding additional investigation . ”

The Prosecutor of the GPE region therefore requested , in accordance with LAW , that further investigation be carried out into the circumstances of PERSON death in order to identify the cause of death and eliminate the contradictions in the available evidence ; that persons having any information concerning the circumstances of the death be identified and interviewed ; that the conduct of the various parties be considered from the perspective of bringing murder and/or kidnapping and unlawful deprivation of freedom charges , and in particular that PERSON be investigated ; that the applicant be informed of the materials of the investigation ; that the NORP authorities be provided with a copy of the final decisions of judicial authorities as regards PERSON death ; and that the applicant be granted legal assistance free of charge and be exempted from paying court expenses .

On DATE ORG wrote to ORG requesting , on behalf of the applicant , that criminal proceedings be instituted in respect of PERSON death , that the applicant be joined as a victim in the proceedings and that he be granted free legal assistance .

On DATE ORG in GPE conveyed to ORG the requests dated DATE and DATE of ORG of GPE , made under LAW , for legal assistance concerning PERSON death .

On DATE ORG reiterated its request for the institution of criminal proceedings in connection with PERSON death and the applicant ’s request to be added as a victim to the proceedings in order to submit his further evidence , as well as his request for legal aid . It requested ORG to provide an update and advise of any decisions that had been taken .

On DATE , the applicant applied to the NORP authorities to be recognised as a victim in the proceedings concerning his daughter ’s death and reiterated his request for legal assistance . The request was forwarded by ORG to ORG .

NORP By letter of DATE the Assistant to ORG wrote to ORG referring to the detailed request made by the applicant for the initiation of criminal proceedings in connection with the death of his daughter and for legal aid in GPE , which had previously been forwarded to the NORP authorities pursuant to ORG and LAW . The letter noted that no information had been received and requested that a response be provided .

On DATE ORG wrote to ORG requesting an expedited response to its request for legal assistance in respect of PERSON death .

By letters of CARDINAL and DATE ORG noted that it had received no response from the NORP authorities in relation to its requests for legal assistance , the contents of which it repeated .

On DATE ORG informed ORG that its request had been duly executed by the NORP police . A letter from the Chief of Police , and the police report of DATE recording the applicant ’s visit to FAC in DATE were enclosed .

On DATE ORG submitted a further request pursuant to LAW . It requested that a further investigation be conducted into the circumstances of PERSON death as the verdict of DATE was unsatisfactory . In particular , it noted that despite the strange circumstances of the incident and the acknowledgment that PERSON was trying to escape from the flat where she was held , the verdict did not make any reference to the inconsistent testimonies of the relevant witnesses or contain any detailed description of the findings of the autopsy carried out by the NORP authorities .

On DATE ORG wrote to ORG requesting a reply to its previous requests as a matter of urgency .

On DATE the Commissioner for Human Rights of GPE forwarded the applicant ’s complaint about the inadequate reply from the NORP authorities to ORG .

On DATE , in reply to the NORP authorities’ request ( see paragraph CARDINAL above ) , ORG forwarded to ORG a further report prepared by the NORP police and dated DATE . The report was prepared by CARDINAL of the officers who had attended the scene on DATE and provided brief responses to the questions posed by the NORP authorities . The report reiterated that witnesses had been interviewed and statements taken . It emphasised that all the evidence was taken into consideration by the inquest . It continued as follows ( translation ) :

“ At about CARDINAL.CARDINALa.m . on DATE the deceased went out onto the balcony of her room through the balcony door , climbed down to the balcony of the first floor of the apartment with the assistance of a bedspread which she tied to the protective railing of the balcony . She carried on her shoulder her personal bag . From that point , she clung to the aluminium protective railing of the balcony so as to climb down to the balcony of the apartment on the floor below in order to escape . Under unknown circumstances , she fell into the street , as a result of which she was fatally injured . ”

NORP The report observed that it was not known why PERSON left the apartment on DATE but on the basis of the investigation ( translation ) :

“ ... it is concluded that the deceased did not want to be expelled from GPE and because her employer was at the entrance of the flat where she was a guest , she decided to take the risk of trying to climb over the balcony , as a result of which she fell to the ground and died instantaneously . ”

As to the criticism of the NORP autopsy and alleged inconsistencies in the forensic evidence between the NORP and NORP authorities , the report advised that these remarks had been forwarded to the NORP forensic examiner who had carried out the autopsy . His response was that his own conclusions were sufficient and that no supplementary information was required . Finally , the report reiterated that the inquest had concluded that there was no indication of any criminal liability for PERSON death .

DATE . By letter of CARDINAL DATE the NORP Ambassador to GPE requested further information about a hearing concerning the case apparently scheduled for DATE and reiterated the applicant ’s request for free legal assistance . ORG responded by facsimile of DATE indicating that ORG had been unable to find any reference to a hearing in the case fixed for DATE and requesting clarification from the NORP authorities .

On DATE the applicant asked the NORP authorities to obtain testimonies from CARDINAL young NORP women , now resident in GPE , who had been working with PERSON at the cabaret in GPE and could testify about sexual exploitation taking place there . He reiterated his request on DATE . The NORP authorities replied that they could only obtain such testimonies upon receipt of a request by the NORP authorities .

NORP By letter of CARDINAL DATE ORG wrote to ORG seeking an update on the new inquest into PERSON death and requesting information on how to appeal NORP court decisions . The letter indicated that , according to information available , the hearing set for DATE had been suspended due to the absence of evidence from the NORP nationals who had worked in the cabaret with PERSON . The letter concluded with an undertaking to assist in any request for legal assistance by GPE aimed at the collection of further evidence .

In DATE , according to the applicant , the Attorney - General of GPE confirmed to the applicant ’s lawyer that he was willing to order the re - opening of the investigation upon receipt of further evidence showing any criminal activity .

On DATE ORG wrote to ORG requesting an update on the suspended hearing of DATE . ORG replied by facsimile on DATE confirming that neither ORG nor ORG had any record of such a hearing and requesting further clarification of the details of the alleged hearing .

On DATE ORG wrote to ORG requesting an update on the suspended hearing and reiterating its query regarding the appeals procedure in GPE .

On DATE , by letter to the NORP authorities , the Attorney - General of GPE advised that he saw no reason to request the NORP authorities to obtain the testimonies of the CARDINAL NORP citizens identified by the applicant . If the said persons were in GPE their testimonies could be obtained by the NORP police and if they were in GPE , the NORP authorities did not need the consent of the NORP authorities to obtain their statements .

On DATE ORG replied to ORG reiterating its request for more information about the alleged suspended hearing .

DATE . On DATE ORG wrote to the Attorney - General of GPE reminding him of the outstanding requests for renewal of investigations into PERSON death and for information on the progress of judicial proceedings .

On DATE and CARDINAL DATE the applicant reiterated his request to the NORP authorities that statements be taken from the CARDINAL NORP women .

On DATE ORG confirmed to ORG that the inquest into PERSON death was completed on DATE and that it found that her death was the result of an accident . The letter noted :

“ No appeal was filed against the decision , because of the lack of additional evidence ” .

On DATE , DATE , DATE and DATE the applicant reiterated his request to the NORP authorities that statements be taken from the CARDINAL NORP women .

NORP In DATE , ORG published a report on “ artistes ” in GPE . In her introduction , she explained the reasons for her report as follows ( all quotes are from a translation of the report provided by ORG ) :

“ Given the circumstances under which [ PERSON ] PERSON had lost her life and in the light of similar cases which have been brought into publicity regarding violence or demises of alien women who arrives in GPE to work as ‘ artistes’ , I have decided to undertake an ex officio investigation ... ”

As to the particular facts of PERSON case , she noted the following :

“ After formal immigration procedures , she started working on DATE . DATE she abandoned the cabaret and the place where she had been staying for reasons which have never been clarified . The employer reported the fact to ORG in GPE . However , [ Oxana ] PERSON ’s name was not inserted on the list comprising people wanted by the Police , for unknown reasons , as well . ”

She further noted that :

“ The reason for which [ PERSON ] PERSON was surrendered by the police to her employer , instead of setting her free , since there were [ neither ] arrest warrant [ nor ] expulsion decree against her , remained unknown . ”

The ORG ’s report considered the history of the employment of young foreign women as cabaret artistes , noting that the word “ artiste ” in GPE has become synonymous with “ prostitute ” . Her report explained that since DATE , CARDINAL of young women had legally entered GPE to work as artistes but had in fact worked as prostitutes in CARDINAL of the many cabarets in GPE . Since DATE , efforts had been made by the authorities to introduce a stricter regime in order to guarantee effective immigration monitoring and to limit the “ well - known and commonly acknowledged phenomenon of women who arrived in GPE to work as artistes ” . However , a number of the measures proposed had not been implemented due to objections from cabaret managers and artistic agents .

The ORG ’s report noted that in DATE , the prostitution market in GPE started to be served by women coming mainly from former GPE of GPE . She concluded that :

“ During DATE , one could observe a certain improvement regarding the implementation of those measures and the policy being adopted . However , there was not improvement regarding sexual exploitation , trafficking and mobility of women under a regime of modern slavery . ”

As regards the living and working conditions of artistes , the report stated :

“ The majority of the women entering the country to work as artistes come from poor families of the post socialist countries . Most of them are educated ... Few are the real artistes . Usually they are aware that they will be compelled to prostitute themselves . However , they do not always know about the working conditions under which they will exercise this job . There are also cases of alien women who come to GPE , having the impression that they will work as waitresses or dancers and that they will only have drinks with clients ( ‘ consomation’ ) . They are made by force and threats to comply with the real terms of their work ...

Alien women who do not succumb to this pressure are forced by their employers to appear at LOC to declare their wish to terminate their contract and to leave GPE on ostensible grounds ... Consequently , the employers can replace them quickly with other artistes ...

The alien artistes from the moment of their entry into GPE to their departure are under constant surveillance and guard of their employers . After finishing their work , they are not allowed to go wherever they want . There are serious complaints even about cases of artistes who remain locked in their residence place . Moreover , their passports and other personal documents are retained by their employers or artistic agents . Those who refuse to obey are punished by means of violence or by being imposed fees which usually consist in deducting percentages of drinks , ‘ consommation’ or commercial sex . Of course these amounts are included in the contracts signed by the artistes .

Generally , artistes stay at CARDINAL star hotels , flats or guest - houses situated near or above the cabarets , whose owners are the artistic agents or the cabaret owners . These places are constantly guarded . CARDINAL women sleep in each room . According to reports given by the Police , many of these buildings are inappropriate and lack sufficient sanitation facilities .

... Finally , it is noted that at the point of their arrival in GPE alien artistes are charged with debts , for instance with traveling expenses , commissions deducted by the artistic agent who brought them in GPE or with commissions deducted by the agent who located them in their country etc . Therefore , they are obliged to work under whichever conditions to pay off at least their debts . ” ( footnotes omitted )

DATE . Concerning the recruitment of women in their countries of origin , the report noted :

“ Locating women who come to work in GPE is usually undertaken by local artistic agents in cooperation with their homologues in different countries and arrangements are made between both of them . After having worked for DATE maximum in GPE , a number of these artistes are sent to GPE , GPE , GPE or GPE . ” ( footnotes omitted )

The ORG observed that the police received few complaints from trafficking victims :

“ The police explain that the small number of complaints filed is due to the fear that artistes feel , since they receive threats against their lives on the part of their procurer . ”

She further noted that protection measures for victims who had filed complaints were insufficient . Although they were permitted to work elsewhere , they were required to continue working in similar employment . They could therefore be easily located by their former employers .

The ORG concluded :

“ The phenomenon of trafficking in person has so tremendously grown worldwide . Trafficking in persons concerns not only sexual exploitation of others but also exploitation of their employment under conditions of slavery and servitude ...

From the data of this report it is observed that over DATE GPE has not been only a destination country but a transit country where women are systematically promoted to the prostitution market . It follows also that this is also due to a great extent to the tolerance on the part of the immigration authorities , which are fully aware of what really happens .

On the basis of the policy followed as for the issue of entry and employment permits to entertainment and show places , CARDINAL of alien women , with no safety valve , have entered by law the country to work as artistes unlawfully . In various forms of pressure and coercion most of these women are forced by their employers to prostitution under cruel conditions , which infringe upon the fundamental human rights , such as individual freedom and human dignity . ” ( footnotes omitted )

Although she considered the existing legislative framework to combat trafficking and sexual exploitation satisfactory , she noted that no practical measures had been taken to implement the policies outlined , observing that :

“ ... The various departments and services dealing with this problem , are often unaware of the matter and have not been properly trained or ignore those obligations enshrined in the LAW ... ”

ORG for Human Rights visited GPE in DATE and in his subsequent report of CARDINAL DATE , he referred to issues in GPE regarding trafficking of women . The report noted , inter alia , that :

“ CARDINAL . It is not at all difficult to understand how GPE , given its remarkable economic and tourist development , has come to be a major destination for this traffic in LOC . The absence of an immigration policy and the legislative shortcomings in that respect have merely encouraged the phenomenon . ”

As regards the legal framework in place in GPE ( see paragraphs CARDINAL to CARDINAL below ) , the Commissioner observed :

“ CARDINAL . The authorities have responded at the normative level . LAW ( number CARDINAL ) , DATE ) has established a suitable framework for suppression of trafficking in human beings and sexual exploitation of children . Under the LAW , any action identifiable as trafficking in human beings in the light of ORG and of the Exploitation and Prostitution of Others , together with other acts of a similar nature specified by law , are an offence punishable by DATE imprisonment , the penalty being increased to DATE where the victim is DATE . The offence of sexual exploitation carries a DATE prison sentence . If committed by persons in the victim ’s entourage or persons wielding authority or influence over the victim , the penalty is DATE in prison . According to the provisions of DATE , using children for the production and sale of pornographic material is an offence . Article CARDINAL grants ORG aid , within reasonable limits , to victims of exploitation ; such aid comprises subsistence allowance , temporary accommodation , medical care and psychiatric support . Article CARDINAL reaffirms the right to redress by stressing the power of the court to award punitive damages justified by the degree of exploitation or the degree of the accused person ’s constraint over the victim . A foreign worker lawfully present in GPE who is a victim of exploitation can approach the authorities to find other employment up until the expiry of the initial work permit ( DATE . Lastly , ORG , under LAW , appoints a guardian for victims with the principal duties of counselling and assisting them , examining complaints of exploitation , and having the culprits prosecuted , as well as for pinpointing any deficiency or loophole in the law and for making recommendations with a view to their removal . ”

Concerning practical measures , the Commissioner noted :

“ DATE . At a practical level , the ORG has made efforts to protect women who have laid a complaint against their employers by permitting them to remain in the country in order to substantiate the charges . In certain cases , the women have remained in GPE at government expense during the investigation . ”

However , he criticised the failure of the authorities to tackle the problem of the excessive number of young foreign women coming to work in NORP cabarets :

“ DATE . However , apart from punitive procedures , preventive control measures could be introduced . By the LOC own admission , the number of young women migrating to GPE as nightclub artistes is well out of proportion to the population of the island . ”

On DATE , ORG for Human Rights published a follow - up report in which he assessed the progress of ORG in implementing the recommendations of his previous report . As regards the issue of trafficking , the report observed that :

“ CARDINAL . The Commissioner noted in his DATE report that the number of young women migrating to GPE as nightclub artistes was well out of proportion to the population of the island , and that the authorities should consider introducing preventive control measures to deal with this phenomenon , in conjunction with legislative safeguards . In particular , the Commissioner recommended that the authorities adopt and implement a plan of action against trafficking in human beings . ”

The report continued :

“ DATE . The so called ‘ cabaret artiste’ visas are in fact permits to enter and work in nightclubs and bars . These permits are valid for DATE and can be extended for a further DATE . The permit is applied for by the establishment owner on behalf of the woman in question . CARDINAL permits are issued DATE , with CARDINAL women working at a given time and most women originating from LOC . A special information leaflet has been prepared by ORG and translated into CARDINAL languages . The leaflet is given to women entering the country on such permits , is also available on the website of ORG and ORG and copies of the leaflet are sent to the consulates in GPE , GPE , the GPE and GPE in order for women to be informed before they enter GPE . The leaflet sets out the rights of the women and the responsibilities of their employers . The authorities are aware that many of the women who enter GPE on these artistes visas will in fact work in prostitution . ”

The Commissioner ’s report highlighted recent and pending developments in GPE :

“ CARDINAL . A new Law on Trafficking in Human Beings is currently being discussed . The new law will include other forms of exploitation such as labour trafficking as well as trafficking for sexual exploitation . GPE has signed but not ratified ORG .

The Attorney ORG has prepared a National Action Plan for ORG . LAW was presented and approved by ORG in DATE . Some NGOs complained of their lack of involvement in the consultation process . ORG is responsible for the implementation of ORG . According to ORG , women involved in cases of sexual exploitation or procuring are not arrested or charged with any offence , but are considered as victims and are under the care of ORG . Victims who will act as witnesses in court trials can reside in GPE until the end of the case . They have the possibility of working , or if they do not wish to work , the ORG will cover all their residential , health and other needs . A special procedures manual has been drafted for the treatment of victims of trafficking , and has been circulated to all ministries and government departments , as well as NGOs for consultation .

DATE . There is no specific shelter for victims of trafficking at present , although victims may be accommodated by the authorities in CARDINAL rooms in state - owned retirement homes , which are available in each major town . A shelter in GPE is due to be opened soon , which will provide accommodation for CARDINAL women , as well as providing the services of a social worker , lawyer , and vocational advisor . ”

As regards steps taken to improve information collection and research into trafficking , he noted :

“ CARDINAL . An Office for the Prevention and Combating of Human Trafficking was set up by the police in DATE . The office ’s role is to collect and evaluate intelligence regarding trafficking in human beings , to co - ordinate operations of all police divisions and departments , to organise and participate in operations , and to follow - up on cases that are under investigation , pending trial or presented to the courts . The office also prepares reports on trafficking and investigates child pornography on the Internet . In addition , the office organises educational seminars carried out at ORG .

According to statistical information provided by the police from DATE , there is a clear increase in the number of cases reported concerning offences of sexual exploitation , procuring , and living on the earnings of prostitution , etc . NGOs confirm that awareness about issues relating to trafficking has increased . ”

Finally , in respect of preventative measures , the Commissioner highlighted recent positive developments :

“ CARDINAL . Preventive and suppressive measures are also undertaken by the police , such as raids in cabarets , inspections , interviews with women , co - operation with mass media , and control of advertisements found in different newspapers . The police provide an anonymous toll - free hotline where anybody can call to seek help or give information . Cabarets which are under investigation are put on a black list and are unable to apply for new visas .

Some efforts have been made by the NORP authorities to improve victim identification and referral , and in particular , QUANTITY police officers have been trained on this issue . However , according to NGOs a culture still prevails in which women are seen by the police to have ‘ consented’ to their predicament and victim identification remains inadequate . ”

The report reached the following conclusions :

“ CARDINAL . Trafficking in human beings is CARDINAL of the most pressing and complex Human Rights issues faced by ORG member states , including GPE . There is obviously a risk that the young women who enter GPE on artiste visas may be victims of trafficking in human beings or later become victims of abuse or coercion . These women are officially recruited as cabaret dancers but are nevertheless often expected also to work as prostitutes . They are usually from countries with inferior income levels to those in GPE and may find themselves in a vulnerable position to refuse demands from their employers or clients . The system itself , whereby the establishment owner applies for the permit on behalf of the woman , often renders the woman dependent on her employer or agent , and increases the risk of her falling into the hands of trafficking networks .

The Commissioner urges the NORP authorities to be especially vigilant about monitoring the situation and ensuring that the system of artiste visas is not used for facilitating trafficking or forced prostitution . In this context , the Commissioner recalls the exemplary reaction of the GPE authorities to similar concerns expressed in his report on the country and their withdrawal of the cabaret artiste visa regime . Changes to the current practice might , at the very least , include women having to apply for the visa themselves , and the information leaflet being given to the women , if possible , before they enter the country .

The Commissioner welcomes the new ORG for ORG as a first step in addressing this issue and encourages ORG to ensure its full implementation . The new law on trafficking , once enacted , will also play an important role . The variety of police activities in response to this phenomenon , such as the setting up of ORG , should also be welcomed .

In order to respect the human rights of trafficked persons , the authorities need to be able to identify victims and refer them to specialised agencies which can offer shelter and protection , as well as support services . The Commissioner urges the NORP authorities to continue with the training of police officers in victim identification and referral , and encourages the authorities to include women police officers in this area . More effective partnerships with NGOs and other civil society actors should also be developed . The Commissioner expresses his hope that the shelter in GPE will be put into operation as soon as possible . ”

NORP The Commissioner of Human Rights has recently published a further report following a visit to GPE in DATE . The report comments on the developments in respect of issues relating to trafficking of human beings , emphasising at the outset that trafficking of women for exploitation was a major problem in many NORP countries , including GPE . The report continued as follows :

“ CARDINAL . Already in DATE , ORG ( ORG ) stated that GPE had been associated with trafficking both as a country of destination and transit , the majority of women being blackmailed and forced to provide sexual services . In DATE , the island still is a destination country for a large number of women trafficked from the GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE and GPE for the purpose of commercial sexual exploitation ... Women are reportedly denied part or all of their salaries , forced to surrender their passports , and pressed into providing sexual services for clients . Most of these women are unable to move freely , are forced to work far above TIME , and live in desperate conditions , isolated and under strict surveillance .

Victims of trafficking are recruited to GPE mainly on DATE so - called ‘ artiste’ or ‘ entertainment’ visas to work in the cabaret industry including night clubs and bars or on tourist visas to work in massage parlours disguised as private apartments ... The permit is sought by the owner of the establishment , in most cases so - called ‘ cabarets’ , for the women in question .

The study conducted by ORG ( ORG ) led to a report on trafficking in human beings published in DATE . It shows that CARDINAL foreign women enter the island DATE with short term ‘ artiste’ or ‘ entertainment’ work permits . Over the CARDINAL-year period DATE , there was a dramatic increase of PERCENT in the number of cabarets operating on the island ...

During his visit the Commissioner learned that there are now CARDINAL cabaret establishments in GPE , each of them employing CARDINAL women ... ” ( footnotes omitted )

NORP The Commissioner noted that the Government had passed comprehensive anti - trafficking legislation criminalising all forms of trafficking , prescribing up to CARDINAL years’ imprisonment for sexual exploitation and providing for protection and support measures for victims ( see paragraphs CARDINAL to CARDINAL below ) . He also visited the new government - run shelter in operation since DATE and was impressed by the facility and the commitment shown by staff . As regards allegations of corruption in the police force , and the report noted as follows :

“ DATE . The Commissioner was assured that allegations of trafficking - related corruption within the police force were isolated cases . The authorities informed the Commissioner that so far , CARDINAL disciplinary cases involving human trafficking / prostitution have been investigated : CARDINAL resulted in an acquittal and CARDINAL are still under investigation . In addition , in DATE , a member of the police force was sentenced to DATE imprisonment and was subsequently dismissed from service following trafficking related charges . ”

NORP The report drew the following conclusions in respect of the artiste permit regime in GPE :

“ CARDINAL . The Commissioner reiterates that trafficking in women for the purposes of sexual exploitation is a pressing and complex human rights issues faced by a number of ORG member GPE , including GPE . A paradox certainly exists that while the NORP government has made legislative efforts to fight trafficking in human beings and expressed its willingness through their National Action Plan CARDINAL , it continues to issue work permits for so - called cabaret artistes and licences for the cabaret establishments . While on paper the permits are issued to those women who will engage in some type of artistic performance , the reality is that many , if not most , of these women are expected to work as prostitutes .

The existence of the ‘ artiste’ work permit leads to a situation which makes it very difficult for law enforcement authorities to prove coercion and trafficking and effectively combat it . This type of permit could thus be perceived as contradicting the measures taken against trafficking or at least as rendering them ineffective .

For these reasons , the Commissioner regrets that the ‘ artiste’ work permit is still in place DATE despite the fact that the government has previously expressed its commitment to abolish it . It seems that the special information leaflet given to women entering the country on such a permit is of little effect , even though the woman needs to have read and signed the leaflet in the presence of an official .

The Commissioner calls upon the NORP authorities to abolish the current scheme of cabaret ‘ artistes’ work permits ... ”

ORG . The Commissioner also reiterated the importance of a well - trained and motivated police force in the fight against trafficking in human beings and encouraged the authorities to ensure adequate and timely victim identification .

In its DATE report on trafficking , ORG noted that :

“ GPE is a destination country for a large number of women trafficked from the GPE , GPE , GPE , GPE , GPE , GPE , GPE , GPE , and GPE for the purpose of commercial sexual exploitation ... Most victims of trafficking are fraudulently recruited to GPE on DATE ‘ artiste’ work permits to work in the cabaret industry or on tourist visas to work in massage parlors disguised as private apartments . ”

NORP The report found that GPE had failed to provide evidence that it had increased its efforts to combat severe forms of trafficking in persons from DATE .

NORP The report recommended that ORG :

“ Follow through with plans to abolish , or greatly restrict use of the artiste work permit — a well - known conduit for trafficking ; establish standard operating procedures to protect and assist victims in its new trafficking shelter ; develop and launch a comprehensive demand reduction campaign specifically aimed at clients and the larger public to reduce wide - spread misconceptions about trafficking and the cabaret industry ; dedicate more resources to its anti - trafficking unit ; and improve the quality of trafficking prosecutions to secure convictions and appropriate punishments for traffickers . ”

Under LAW the right to life and corporal integrity is protected by LAW .

Article CARDINAL provides that no person shall be subjected to torture or to inhuman or degrading punishment or treatment .

Article CARDINAL guarantees that :

“ Every person has the right to a decent existence and to social security . A law shall provide for the protection of the workers , assistance to the poor and for a system of social insurance . ”

Article CARDINAL provides , in so far as relevant , that :

“ CARDINAL . No person shall be held in slavery or servitude .

No person shall be required to perform forced or compulsory labour ... ”

Article CARDINAL ) provides that every person has the right to liberty and security of person . Article CARDINAL ) prohibits deprivation of liberty except in cases permitted under LAW and as provided by law .

In DATE , ORG defined “ artiste ” as :

“ any alien who wishes to enter GPE in order to work in a cabaret , musical - dancing place or other TIME entertainment place and has attained DATE . ”

Under LAW , PERSON . CARDINAL , ORG has jurisdiction to issue regulations concerning entry requirements for aliens , monitoring the immigration and movements of aliens , regulating warranties in respect of aliens holding permits and determining any relevant fees . Notwithstanding the existence of these powers , at the material time the entry procedures for those entering GPE to work as cabaret artistes were regulated by decisions or instructions of the Minister of Interior , immigration officers and the general directors of ORG .

NORP In line with a procedure introduced in DATE , applications for entry , temporary residence and work permits had to be submitted by the prospective employer ( the cabaret manager ) and the artistic agent , accompanied by an employment contract recording the exact terms agreed between the parties and photocopies of relevant pages of the artiste ’s passport . Artistic agents were also required to deposit a bank letter guarantee in the sum of MONEY ( ORG ) ( approximately ORG CARDINAL ) to cover possible repatriation expenses . Cabaret managers were required to deposit a bank warranty in the sum of ORG CARDINAL ( approximately ORG CARDINAL,CARDINAL ) to cover a repatriation for which the manager was responsible .

NORP If all the conditions were fulfilled , an entry and temporary resident permit valid for DATE was granted . Upon arrival , the artiste was required to undergo various medical tests for AIDS and other infectious or contagious diseases . Upon submission of satisfactory results , a temporary residence and work permit valid for DATE was granted . The permit could be renewed for DATE . The number of artistes who could be employed in a single cabaret was limited .

In an effort to prevent artistes from being forced to leave the cabaret with clients , artistes were required to be present on the cabaret premises TIME , even if their own performance lasted for TIME . Absence due to illness had to be certified by a doctor ’s letter . Cabaret managers were required to advise ORG if an artiste failed to show up for work or otherwise breached her contract . Failure to do so would result in the artiste being expelled , with her repatriation expenses covered by the bank guarantee deposited by the cabaret manager . If an artistic agent had been convicted of offences linked to prostitution , he would not be granted entry permits for artistes .

In DATE , following reports of prostitution of artistes , the Police Director proposed establishing an ad hoc committee responsible for assessing whether artistes seeking to enter GPE held the necessary qualifications for the grant of an artiste visa . However , the measure was never implemented . A committee with a more limited remit was set up but , over time , was gradually weakened .

Under the procedure introduced in DATE , an application for an entry permit had to be accompanied by evidence of artistic competency . However , this measure was indefinitely suspended in DATE on the instructions of the then General Director of ORG .

In DATE , following concerns about the fact that artistic agents also owned or managed cabarets or owned the accommodation in which their artistes resided , ORG notified all artistic agents that from DATE cabaret owners were not permitted to work also as artistic agents . They were requested to advise the authorities which of the CARDINAL professions they intended to exercise . Further , the level of the bank guarantees was increased , from ORG CARDINAL to ORG CARDINAL in respect of artistic agents and from ORG CARDINAL to CYP CARDINAL in respect of cabaret managers . However , these measures were never implemented following objections from artistic agents and cabaret managers . The only change which was made was an increase in the level of the bank guarantee by cabaret managers from ORG CARDINAL to ORG CARDINAL ( approximately EUR CARDINAL ) .

The holding of inquests in GPE is governed by LAW , PERSON . CARDINAL . Under section CARDINAL , every district judge and magistrate may hold inquests within the local limits of his jurisdiction . Section CARDINAL(CARDINAL ) provides that any inquest commenced by a coroner may be continued , resumed , or reopened in the manner provided by the PERSON .

Section CARDINAL sets out the procedure at the inquest and provides as follows ( all quotes to NORP legislation are translated ) :

“ At every inquest–

( a ) the coroner shall take on oath such evidence as is procurable as to the identity of the deceased , and the time , place and manner of his death ;

( b ) every interested party may appear either by advocate or in person and examine , cross - examine or re - examine , as the case may be , any witness . ”

Section CARDINAL governs the extent of the coroner ’s powers and provides that :

“ ( CARDINAL ) A coroner holding an inquest shall have and may exercise all the powers of a district judge or magistrate with regard to summoning and compelling the attendance of witnesses and requiring them to give evidence , and with regard to the production of any document or thing at such inquest . ”

Under LAW , where the coroner is of the opinion that sufficient grounds are disclosed for making a charge against any person in connection with the death , he may issue a summons or warrant to secure the attendance of such person before any court having jurisdiction .

Section CARDINAL provides that following the hearing of evidence , the coroner shall give his verdict and certify it in writing , showing , so far as such particulars have been proved to him , who the deceased was , and how , when and where the deceased came by his death . Under section CARDINAL , if at the close of the inquest the coroner is of the opinion that there are grounds for suspecting that some person is guilty of an offence in respect of the matter inquired into , but can not ascertain who such person is , he shall certify his opinion to that effect and transmit a copy of the proceedings to the police officer in charge of the district in which the inquest is held .

Section CARDINAL allows the President of ORG , upon the application of the Attorney - General , to order the holding , re - opening or quashing of an inquest or verdict . It provides that :

“ ( CARDINAL ) Where the President , ORG , upon application made by or under the authority of the Attorney - General , is satisfied that it is necessary or desirable to do so , he may–

( a ) order an inquest to be held touching the death of any person ;

( b ) direct any inquest to be reopened for the taking of further evidence , or for the inclusion in the proceedings thereof and consideration with the evidence already taken , of any evidence taken in any judicial proceedings which may be relevant to any issue determinable at such inquest , and the recording of a fresh verdict upon the proceedings as a whole ;

( c ) quash the verdict in any inquest substituting therefor some other verdict which appears to be lawful and in accordance with the evidence recorded or included as hereinbefore in this section provided ; or

( d ) quash any inquest , with or without ordering a new inquest to be held . ”

Legislation on human trafficking was introduced in GPE under LAW . CARDINAL(CARDINAL ) of DATE on the Combating of Trafficking in Persons and Sexual Exploitation of Children . Section CARDINAL(CARDINAL ) prohibits :

“ a. The sexual exploitation of adult persons for profit if :

i. it is done by the use of force , violence or threats ; or

ii . there is fraud ; or

iii . it is done through abuse of power or other kind of pressure to such an extent so that the particular person would have no substantial and reasonable choice but to succumb to pressure or ill - treatment ;

b. the trafficking of adult persons for profit and for sexual exploitation purposes in the circumstances referred to in subsection ( a ) above ;

c. the sexual exploitation or the ill - treatment of minors ;

d. the trafficking of minors for the purpose of their sexual exploitation or ill - treatment . ”

Section CARDINAL provides that the consent of the victim is not a defence to the offence of trafficking .

Under section CARDINAL ) , persons found guilty of trafficking adults for the purposes of sexual exploitation may be imprisoned for DATE or fined ORG CARDINAL , or both . In the case of a child , the potential prison sentence is increased to DATE and the fine to ORG CARDINAL . Section CARDINAL(CARDINAL ) provides for a greater penalty in certain cases :

“ For the purposes of this section , blood relationship or relationship by affinity up to the third degree with the victim and any other relation of the victim with the person , who by reason of his position exercises influence and authority over the victim and includes relations with guardian , educators , hostel administration , rehabilitation home , prisons or other similar institutions and other persons holding similar position or capacity that constitutes abuse of power or other kind of coercion :

a. a person acting contrary to the provisions of section CARDINAL(a ) and ( b ) commits an offence and upon conviction is liable to imprisonment for DATE ;

b. a person acting contrary to the provisions of section CARDINAL(c ) and ( d ) commits an offence and upon conviction is liable to imprisonment for DATE . ”

Section CARDINAL imposes a duty on the ORG to protect victims of trafficking by providing them with support , including accommodation , medical care and psychiatric support .

NORP Under sections CARDINAL , ORG may appoint a “ guardian of victims ” to advise , counsel , and guide victims of exploitation ; to hear and investigate complaints of exploitation ; to provide victims with treatment and safe residence ; to take the necessary steps to prosecute offenders ; to take measures aimed at rehabilitating , re - employing or repatriating victims ; and to identify any deficiencies in the law to combat trafficking . Although a custodian was appointed , at the time of ORG DATE Report ( see paragraphs CARDINAL above ) , the role remained theoretical and no programme to ensure protection of victims had been prepared .

Articles CARDINAL and CARDINAL of LAW of GPE set out the territorial application of NORP criminal law . LAW NORP jurisdiction over crimes committed in the territory of GPE . Article CARDINAL(CARDINAL ) provides for limited jurisdiction in respect of non - NORP nationals who commit crimes outside NORP territory where the crimes run counter to the interests of GPE and in cases provided for by international agreement .

Article CARDINAL of the NORP LAW provides that murder shall be punishable with a prison term .

Article CARDINAL of the NORP LAW provides that deliberate abandonment and failure to provide assistance to a person in danger is punishable by a fine , community service , corrective labour or a prison term .

Articles CARDINAL and CARDINAL make abduction and illegal deprivation of liberty punishable by prison terms .

NORP In DATE , an amendment was made to LAW by the insertion of a new LAW in the following terms :

“ CARDINAL . Human beings’ trafficking , that is , a human being ’s purchase and sale or his recruiting , transportation , transfer , harbouring or receiving for the purpose of his exploitation ... shall be punishable by deprivation of liberty for a term of DATE .

The same deed committed :

a ) in respect of CARDINAL or more persons ;

d ) moving the victim across LOC of GPE or illegally keeping him abroad ;

f ) with application of force or with the threat of applying it ;

shall be punishable by deprivation of liberty for a term from DATE .

The deeds provided for by Parts CARDINAL of this Article :

a ) which have entailed the victim ’s death by negligence , the infliction of major damage to the victim ’s health or other grave consequences ;

b ) committed in a way posing danger to the life or health of many people ;

c ) committed by an organized group–

shall be punishable by deprivation of liberty for a term from DATE . ”

The Slavery Convention , signed in GPE in DATE , entered into force on DATE . GPE acceded to LAW on DATE and GPE on DATE . In the recitals , the Contracting Parties stated as follows :

“ Desiring to ... find a means of giving practical effect throughout the world to such intentions as were expressed in regard to slave trade and slavery by the signatories of LAW , and recognising that it is necessary to conclude to that end more detailed arrangements than are contained in that Convention ,

Considering , moreover , that it is necessary to prevent forced labour from developing into conditions analogous to slavery ... ”

DATE defines slavery as :

“ the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised ” .

Under LAW , the parties undertake to prevent and suppress the slave trade and to bring about , progressively and as soon as possible , the complete abolition of slavery in all its forms .

DATE deals with forced or compulsory labour and provides , inter alia , that :

“ The High Contracting Parties recognise that recourse to compulsory or forced labour may have grave consequences and undertake , each in respect of the territories placed under its sovereignty , jurisdiction , protection , suzerainty or tutelage , to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery . ”

DATE requires States whose laws do not make adequate provision for the punishment of infractions of laws enacted with a view to giving effect to the purposes of LAW to adopt the necessary measures in order that severe penalties can be imposed in respect of such infractions .

In the first case to deal with the definition of enslavement as a crime against humanity for sexual exploitation , Prosecutor v. PERSON , PERSON and PERSON , DATE , ORG for the Former GPE observed that :

“ CARDINAL . ... the traditional concept of slavery , as defined in DATE Slavery Convention and often referred to as ‘ chattel slavery’ has evolved to encompass various contemporary forms of slavery which are also based on the exercise of any or all of the powers attaching to the right of ownership . In the case of these various contemporary forms of slavery , the victim is not subject to the exercise of the more extreme rights of ownership associated with ‘ chattel slavery’ , but in all cases , as a result of the exercise of any or all of the powers attaching to the right of ownership , there is some destruction of the juridical personality ; the destruction is greater in the case of ‘ chattel slavery’ but the difference is CARDINAL of degree ... ”

It concluded that :

“ CARDINAL . ... the question whether a particular phenomenon is a form of enslavement will depend on the operation of the factors or indicia of enslavement [ including ] the ‘ control of someone ’s movement , control of physical environment , psychological control , measures taken to prevent or deter escape , force , threat of force or coercion , duration , assertion of exclusivity , subjection to cruel treatment and abuse , control of sexuality and forced labour’ . Consequently , it is not possible exhaustively to enumerate all of the contemporary forms of slavery which are comprehended in the expansion of the original idea ... ”

The Statute of ORG ( “ LAW ) , which entered into force on DATE , provides that “ enslavement ” under LAW of LAW :

“ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons , in particular women and children . ”

GPE signed LAW on DATE and ratified it on DATE . GPE signed the Statute on DATE . It has not ratified the Statute .

The first international instrument to address trafficking of persons , ORG for the Suppression of White Slave Traffic , was adopted in DATE . It was followed in DATE by LAW . Subsequently , in DATE , ORG adopted a Convention for the Suppression of Trafficking in Women and Children , affirmed in the later International Convention for the Suppression of Traffic in DATE . LAW and of the Exploitation of the Prostitution of Others brought the former instruments under the auspices of ORG .

The Convention on the Elimination of All Forms of Discrimination against Women ( CEDAW ) was adopted in DATE by ORG . GPE ratified PERSON on DATE and GPE acceded to it on DATE .

Article CARDINAL CEDAW provides that :

“ GPE Parties shall take all appropriate measures , including legislation , to suppress all forms of traffic in women and exploitation of prostitution of women . ”

The Protocol to Prevent , Suppress and Punish Trafficking in Persons , especially Women and Children ( “ the Palermo Protocol ” ) , supplementing ORG was signed by GPE on DATE and by GPE on DATE . It was ratified by them on CARDINAL DATE and CARDINAL DATE respectively . Its preamble notes :

“ Declaring that effective action to prevent and combat trafficking in persons , especially women and children , requires a comprehensive international approach in the countries of origin , transit and destination that includes measures to prevent such trafficking , to punish the traffickers and to protect the victims of such trafficking , including by protecting their internationally recognized human rights . ”

Article CARDINAL(a ) defines “ trafficking in persons ” as :

“ the recruitment , transportation , transfer , harbouring or receipt of persons , by means of the threat or use of force or other forms of coercion , of abduction , of fraud , of deception , of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person , for the purpose of exploitation . Exploitation shall include , at a minimum , the exploitation of the prostitution of others or other forms of sexual exploitation , forced labour or services , slavery or practices similar to slavery , servitude or the removal of organs . ”

Article CARDINAL(b ) provides that the consent of a victim of trafficking to the intended exploitation is irrelevant where any of the means set out in LAW ) have been used .

DATE obliges States to :

“ adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in LAW , when committed intentionally . ”

Assistance and protection for victims of trafficking is dealt with in DATE , which provides , in so far as relevant :

“ CARDINAL . ORG shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons , in appropriate cases :

( a ) Information on relevant court and administrative proceedings ;

( b ) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders , in a manner not prejudicial to the rights of the defence .

ORG shall consider implementing measures to provide for the physical , psychological and social recovery of victims of trafficking in persons ...

ORG shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory .

DATE , on the prevention of trafficking in persons , provides that :

“ CARDINAL . DATE States Parties shall establish comprehensive policies , programmes and other measures :

( a ) To prevent and combat trafficking in persons ; and

( b ) To protect victims of trafficking in persons , especially women and children , from revictimization .

DATE States Parties shall endeavour to undertake measures such as research , information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons .

Policies , programmes and other measures established in accordance with this article shall , as appropriate , include cooperation with non - governmental organizations , other relevant organizations and other elements of civil society .

DATE States Parties shall take or strengthen measures , including through bilateral or multilateral cooperation , to alleviate the factors that make persons , especially women and children , vulnerable to trafficking , such as poverty , underdevelopment and lack of equal opportunity .

DATE States Parties shall adopt or strengthen legislative or other measures , such as educational , social or cultural measures , including through bilateral and multilateral cooperation , to discourage the demand that fosters all forms of exploitation of persons , especially women and children , that leads to trafficking . ”

Article CARDINAL emphasises the need for effective exchange of information between relevant authorities and training of law enforcement and immigration officials . It provides , in so far as relevant :

“ CARDINAL . Law enforcement , immigration or other relevant authorities of GPE Parties shall , as appropriate , cooperate with one another by exchanging information , in accordance with their domestic law , to enable them to determine :

( c ) The means and methods used by organized criminal groups for the purpose of trafficking in persons , including the recruitment and transportation of victims , routes and links between and among individuals and groups engaged in such trafficking , and possible measures for detecting them .

DATE States Parties shall provide or strengthen training for law enforcement , immigration and other relevant officials in the prevention of trafficking in persons . The training should focus on methods used in preventing such trafficking , prosecuting the traffickers and protecting the rights of the victims , including protecting the victims from the traffickers . The training should also take into account the need to consider human rights and child- and gender - sensitive issues and it should encourage cooperation with non - governmental organizations , other relevant organizations and other elements of civil society .

ORG has adopted LAW on combating trafficking in human beings ( Framework Decision CARDINAL/JHA/CARDINAL of DATE ) . It provides for measures aimed at ensuring approximation of the criminal law of the Member States as regards the definition of offences , penalties , jurisdiction and prosecution , protection and assistance to victims .

In DATE , the ORG adopted an action plan on best practices , standards and procedures for combating and preventing trafficking in human beings ( OJ C CARDINAL/CARDINAL of CARDINAL.CARDINAL.CARDINAL ) . The action plan proposes steps to be taken by Member GPE , by the ORG and by other ORG bodies involving coordination of ORG action , scoping the problem , preventing trafficking , reducing demand , investigating and prosecuting trafficking , protecting and supporting victims of trafficking , returns and reintegration and external relations .

NORP In DATE , ORG has adopted CARDINAL legal texts addressing trafficking in human beings for sexual exploitation : Recommendation No . R ( DATE ) CARDINAL of ORG to member states on action against trafficking in human beings for the purpose of sexual exploitation ; ORG ( DATE ) CARDINAL of ORG to member states on the protection of children against sexual exploitation ; and ORG DATE ) CARDINAL of ORG to member states on the protection of women against violence . These texts propose , inter alia , a pan - NORP strategy encompassing definitions , general measures , a methodological and action framework , prevention , victim assistance and protection , criminal measures , judicial cooperation and arrangements for international cooperation and coordination .

ORG of ORG has also adopted a number of texts in this area , including : Recommendation CARDINAL ( DATE ) on traffic in women and forced prostitution in ORG member GPE ; Recommendation DATE ) on violence against women in LOC ; Recommendation DATE ) on domestic slavery ; Recommendation DATE ) on the campaign against trafficking in minors to put a stop to the east NORP route : the example of GPE ; Recommendation CARDINAL ( DATE ) on the campaign against trafficking in women ; Recommendation CARDINAL ( DATE ) on migration connected with trafficking in women and prostitution ; and Recommendation DATE ( DATE ) on domestic slavery : servitude , au pairs and “ mail - order brides ” .

ORG ( “ LAW ” ) was signed by GPE on DATE and ratified on DATE . It entered into force in respect of GPE on DATE . GPE has yet to sign the Convention . A total of CARDINAL member ORG have signed LAW and CARDINAL have also ratified it .

The explanatory report accompanying LAW emphasises that trafficking in human beings is a major problem in LOC DATE which threatens the human rights and fundamental values of democratic societies . The report continues as follows :

“ Trafficking in human beings , with the entrapment of its victims , is the modern form of the old worldwide slave trade . It treats human beings as a commodity to be bought and sold , and to be put to forced labour , usually in the sex industry but also , for example , in the agricultural sector , declared or undeclared sweatshops , for a pittance or nothing at all . Most identified victims of trafficking are women but men also are sometimes victims of trafficking in human beings . Furthermore , many of the victims are young , sometimes children . All are desperate to make a meagre living , only to have their lives ruined by exploitation and rapacity .

To be effective , a strategy for combating trafficking in human beings must adopt a multi - disciplinary approach incorporating prevention , protection of human rights of victims and prosecution of traffickers , while at the same time seeking to harmonise relevant national laws and ensure that these laws are applied uniformly and effectively . ”

In its preamble , LAW asserts , inter alia , that :

“ Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being ;

Considering that trafficking in human beings may result in slavery for victims ;

Considering that respect for GPE rights , protection of victims and action to combat trafficking in human beings must be the paramount objectives ;

Article CARDINAL provides that the purposes of LAW are to prevent and combat trafficking in human beings , to protect the human rights of the victims of trafficking , to design a comprehensive framework for the protection and assistance of victims and witnesses and to ensure effective investigation and prosecution of trafficking .

Article CARDINAL ) adopts the Palermo Protocol definition of trafficking and LAW replicates the provision in LAW on the irrelevance of the consent of a victim of trafficking to the exploitation ( see CARDINAL to CARDINAL above ) .

DATE requires States to take measures to prevent trafficking and provides , inter alia , as follows :

“ CARDINAL . Each ORG shall take measures to establish or strengthen national co - ordination between the various bodies responsible for preventing and combating trafficking in human beings .

Each ORG shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings , by such means as : research , information , awareness raising and education campaigns , social and economic initiatives and training programmes , in particular for persons vulnerable to trafficking and for professionals concerned with trafficking in human beings .

DATE requires States to take measures to discourage the demand that fosters trafficking and provides , in so far as relevant , as follows :

“ To discourage the demand that fosters all forms of exploitation of persons , especially women and children , that leads to trafficking , each ORG shall adopt or strengthen legislative , administrative , educational , social , cultural or other measures including :

a. research on best practices , methods and strategies ;

b. raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings ;

c. target information campaigns involving , as appropriate , inter alia , public authorities and policy makers ;

Article CARDINAL sets out measures regarding training and cooperation and provides that :

“ CARDINAL . Each ORG shall provide its competent authorities with persons who are trained and qualified in preventing and combating trafficking in human beings , in identifying and helping victims , including children , and shall ensure that the different authorities collaborate with each other as well as with relevant support organisations , so that victims can be identified in a procedure duly taking into account the special situation of women and child victims ...

Each ORG shall adopt such legislative or other measures as may be necessary to identify victims as appropriate in collaboration with other Parties and relevant support organisations . Each ORG shall ensure that , if the competent authorities have reasonable grounds to believe that a person has been victim of trafficking in human beings , that person shall not be removed from its territory until the identification process as victim of an offence provided for in LAW has been completed by the competent authorities and shall likewise ensure that that person receives the assistance provided for in LAW , paragraphs CARDINAL and CARDINAL .

Article CARDINAL provides that :

Each ORG shall adopt such legislative or other measures as may be necessary to assist victims in their physical , psychological and social recovery ....

Each ORG shall take due account of the victim ’s safety and protection needs .

Articles DATE to GPE to criminalise specified types of conduct :

“ CARDINAL . Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct contained in DATE , when committed intentionally .

Each Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law , the use of services which are the object of exploitation as referred to in LAW paragraph a of this LAW , with the knowledge that the person is a victim of trafficking in human beings .

Each ORG shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts , when committed intentionally and for the purpose of enabling the trafficking in human beings :

a. forging a travel or identity document ;

b. procuring or providing such a document ;

c. retaining , removing , concealing , damaging or destroying a travel or identity document of another person .

CARDINAL(CARDINAL ) . Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally , aiding or abetting the commission of any of the offences established in accordance with Articles CARDINAL and CARDINAL of the present Convention .

( CARDINAL ) . Each ORG shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally , an attempt to commit the offences established in accordance with ORG CARDINAL and DATE , paragraph a , of this LAW . ”

DATE requires States to adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles DATE are punishable by effective , proportionate and dissuasive sanctions . For criminal offences established in accordance with Article CARDINAL , such sanctions are to include penalties involving deprivation of liberty which can give rise to extradition .

DATE that GPE must ensure that investigations into and prosecution of offences under LAW are not dependent on a report or accusation made by a victim , at least when the offence was committed in whole or in part on its territory . GPE must further ensure that victims of an offence in the territory of a ORG other than their ORG of residence may make a complaint before the competent authorities of their ORG of residence . The latter ORG must transmit the complaint without delay to the competent authority of the ORG in the territory in which the offence was committed , where the complaint must be dealt with in accordance with the internal law of the ORG in which the offence was committed .

Article CARDINAL ) deals with jurisdiction , and requires GPE to adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with LAW when the offence is committed :

“ a. in its territory ; or

d. by one of its nationals or by a stateless person who has his or her habitual residence in its territory , if the offence is punishable under criminal law where it was committed or if the offence is committed outside the territorial jurisdiction of any ORG ;

e. against one of its nationals . ”

States may reserve the right not to apply , or to apply only in specific cases or conditions , the jurisdiction rules in LAW ) .

DATE requires States to co - operate with each other , in accordance with the provisions of the LAW , and through application of relevant applicable international and regional instruments , to the widest extent possible , for the purpose of :

“ – preventing and combating trafficking in human beings ;

– protecting and providing assistance to victims ;

– investigations or proceedings concerning criminal offences established in accordance with this LAW . ”

The Mutual Assistance Convention was signed by GPE on DATE . It was ratified on DATE and entered into force on DATE . GPE signed LAW and ratified it on DATE . It entered into force in respect of GPE on DATE .

Article CARDINAL establishes an obligation on contracting parties to :

“ afford each other , in accordance with the provisions of this Convention , the widest measure of mutual assistance in proceedings in respect of offences the punishment of which , at the time of the request for assistance , falls within the jurisdiction of the judicial authorities of the requesting ORG ” .

Article CARDINAL provides that :

“ CARDINAL . The requested ORG shall execute in the manner provided for by its law any letters rogatory relating to a criminal matter and addressed to it by the judicial authorities of the requesting ORG for the purpose of procuring evidence or transmitting articles to be produced in evidence , records or documents .

NORP If the requesting Party desires witnesses or experts to give evidence on oath , it shall expressly so request , and the requested Party shall comply with the request if the law of its country does not prohibit it . ”

DATE allows GPE to enter into bilateral agreements on mutual legal assistance to supplement the provisions of ORG .

Article CARDINAL of LAW ( ratified by GPE following the dissolution of the GPE ) establishes a general obligation for both parties to provide each other with legal assistance in civil and criminal matters in accordance with the provisions of LAW .

Article CARDINAL sets out the extent of the legal assistance required under LAW and provides as follows :

“ Legal assistance in civil and criminal matters shall include service and sending of documents , supply of information on the law in force and the judicial practice and performance of specific procedural acts provided by the law of the requested ORG and in particular the taking of evidence from litigants , accused persons , defendants , witnesses and experts as well as recognition and enforcement of judgments in civil matters , institution of criminal prosecutions and extradition of offenders . ”

NORP The procedure for making a request is detailed in Article CARDINAL ) , which provides , in so far as relevant , that :

“ A request for legal assistance shall be in writing and shall contain the following:-

( CARDINAL ) The designation of the requesting authority .

( CARDINAL ) The designation of the requested authority .

( CARDINAL ) The specification of the case in relation to which legal assistance is requested and the content of the request .

( CARDINAL ) Names and surnames of the persons to whom the request relates , their citizenship , occupation and permanent or temporary residence .

( CARDINAL ) NORP If necessary , the facts to be elucidated as well as the list of the required documents and any other evidence .

( CARDINAL ) In criminal matters , in addition to the above , particulars of the offence and its legal definition .

Article CARDINAL sets out the procedure for executing a request :

“ CARDINAL . The requested authority shall provide legal assistance in the manner provided by the procedural laws and rules of its own ORG . However , it may execute the request in a manner specified therein if not in conflict with the law of its own ORG .

NORP If the requested authority is not competent to execute the request for legal assistance it shall forward the request to the competent authority and shall advise the requesting authority accordingly .

The requested authority shall , upon request , in due time notify the requesting authority of the place and time of the execution of the request .

The requested authority shall notify the requesting authority in writing of the execution of the request . If the request can not be executed the requested authority shall forthwith notify in writing the requesting authority giving the reasons for failure to execute it and shall return the documents . ”

Under LAW are obliged to ensure that citizens of CARDINAL State are exempted in the territory of the other ORG from payment of fees and costs and are afforded facilities and free legal assistance under the same conditions and to the same extent as citizens of the other ORG . LAW provides that a person requesting free legal assistance may submit a relevant application to the competent authority of the ORG in the territory of which he has his permanent or temporary residence . This authority will then transmit the application to the other ORG .

Chapter VI of the LAW contains special provisions on criminal matters concerning , in particular , the institution of criminal proceedings . LAW ) provides that :

“ Each Contracting Party shall institute , at the request of the other ORG , in accordance with and subject to the provisions of its own law , criminal proceedings against its own citizens who are alleged to have committed an offence in the territory of the other ORG .

Article CARDINAL sets out the procedure for the making of a request to institute criminal proceedings :

“ CARDINAL . A request for institution of criminal proceedings shall be made in writing and contain the following:-

( CARDINAL ) The description of the acts constituting the offence in connection with which the institution of criminal proceedings is requested .

( CARDINAL ) The time and place of the committed act as precisely as possible .

( CARDINAL ) The text of the law of the requesting ORG under which the act is defined as an offence .

( CARDINAL ) The name and surname of the suspected person , particulars regarding his citizenship , permanent or temporary residence and other information concerning him as well as , if possible , the description of the person ’s appearance , his photograph and fingerprints .

( CARDINAL ) ORG , if any , by the victim of the criminal offence including any claim for damages .

( CARDINAL ) Available information on the extent of the material damage resulting from the offence . ”

NORP By letter of DATE the Attorney - General of GPE advised the ORG as follows :

“ Please note that the ORG wishes to make a unilateral declaration with a view to resolving the issues raised by the application . By LAW requests the ORG to strike out the application in accordance with LAW . ”

The relevant parts of the appended a unilateral declaration read as follows :

“ ... ( a ) The Government regrets the decision taken by the police officers on DATE not to release the applicant ’s daughter but to hand her over to [ M.A. ] , from whom she sought to escape . The Government acknowledges that the above decision violated its positive obligation towards the applicant and his daughter arising from LAW to take preventive measures to protect the applicant ’s daughter from the criminal acts of another individual .

( b ) The Government acknowledges that the police investigation in the present case was ineffective as to whether the applicant ’s daughter was subjected to inhuman or degrading treatment prior to her death . As such the ORG acknowledges that it violated the procedural obligation of LAW in respect of the failure to carry out an adequate and effective investigation as to whether the applicant ’s daughter was subjected to inhuman or degrading treatment prior to her death .

( c ) The Government acknowledges that it violated its positive obligations towards the applicant and his daughter arising out of LAW in that it did not take any measures to ascertain whether the applicant ’s daughter had been a victim of trafficking in human beings and/or been subjected to sexual or any other kind of exploitation .

( d ) The Government acknowledges that the treatment of applicant ’s daughter at the police station on DATE in deciding not to release her but to hand her over to [ ORG ] although there was not any basis for her deprivation of liberty , was not consistent with LAW .

( e ) The Government acknowledges that it violated the applicant ’s right to an effective access to court in failing to establish any real and effective communication between its organs ( i.e. ORG and the police ) and the applicant , regarding the inquest proceedings and any other possible legal remedies that the applicant could resort to .

NORP In regard to the above issues , the Government recalls that ORG has followed the advice of the Attorney General – Government Agent , and has thus appointed on CARDINAL DATE CARDINAL independent criminal investigators whose mandate is to investigate :

( a ) The circumstances of death of applicant ’s daughter and into any criminal responsibility by any person , authority of the Republic , or member of the police concerning her death ,

( b ) the circumstances concerning her employment and stay in GPE in conjunction with the possibility of her subjection to inhuman or degrading treatment or punishment and/or trafficking and/or sexual or other exploitation , ( by members of the police , authorities of the CARDINAL persons ) contrary to relevant laws of the LOC applicable at the material time , and

( c ) into the commission of any other unlawful act against her , ( by members of the police , authorities of the Republic or third persons ) contrary to relevant laws of the Republic applicable at the material time .

The ORG recalls that the investigators are independent from the police ( the first investigator is the President of ORG for ORG , the second is a Member of the said ORG , and the third is a practicing advocate with experience in criminal law ) . The ORG recalls that the investigators have already commenced their investigation .

In these circumstances and having regard to the particular facts of the case the ORG is prepared to pay the applicant a global amount of CARDINAL ( QUANTITY CARDINAL ) EUR ( covering pecuniary and non pecuniary damage and costs and expenses ) . In its view , this amount would constitute adequate redress and sufficient compensation for the impugned violations , and thus an acceptable sum as to quantum in the present case . If , the ORG however considers that the above amount does not constitute adequate redress and sufficient compensation , the ORG is ready to pay the applicant by way of just satisfaction such other amount of compensation as is suggested by the ORG ... ”