CHOWDURY AND OTHERS v. GREECE - 21884/15 (Judgment : Preliminary objection joined to merits and dismissed (Article 34 - Victim) Violation of Article 4 - Prohibition of slavery an...) French Text [2017] ECHR 300 (30 March 2017)

CHOWDURY AND OTHERS v. GREECE - 21884/15 (Judgment : Preliminary objection joined to merits and dismissed (Article 34 - Victim) Violation of Article 4 - Prohibition of slavery an...) French Text [2017] ECHR 300 (30 March 2017)

The Court found that the applicants were subjected to forced labour and human trafficking, that Greece failed to fulfill its positive obligations under Article 4 ECHR to prevent, investigate, and punish these practices, and that the applicants retained victim status. The national authorities' response was inadequate, particularly in the investigation and prosecution of trafficking and forced labour offences.

Citation
[2017] ECHR 300
Parties
Applicants: Chowdury and Others; Respondent: Greece
Jurisdiction
European Union
Judgment Date
30 March 2017
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection
Outcome
Violation of Article 4 ECHR; preliminary objection dismissed
Legal Topics
Prohibition of Slavery, Prohibition of Forced Labour, Human Trafficking, State Obligations Under Article 4 ECHR, Victim Status Under Article 34 ECHR
Human Rights Law Labour Law Criminal Law Prohibition of Slavery Prohibition of Forced Labour Human Trafficking State Obligations Under Article 4 ECHR Victim Status Under Article 34 ECHR

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Parties

Chowdury and Others

Applicants

Greece

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection

Legal Issues

  1. 1 Whether the applicants were victims of forced labour and human trafficking under Article 4 ECHR
  2. 2 Whether Greece fulfilled its positive obligations to prevent, investigate, and punish forced labour and trafficking
  3. 3 Whether the applicants retained victim status under Article 34 ECHR

Ratio Decidendi

The Court found that the applicants were subjected to forced labour and human trafficking, that Greece failed to fulfill its positive obligations under Article 4 ECHR to prevent, investigate, and punish these practices, and that the applicants retained victim status. The national authorities' response was inadequate, particularly in the investigation and prosecution of trafficking and forced labour offences.

Court Disposition

Violation of Article 4 ECHR; preliminary objection dismissed

Orders

  • Greece to pay each applicant EUR 16,000 in respect of non-pecuniary damage
  • Greece to pay EUR 4,363.64 jointly for costs and expenses