R v Alam (CO 67/2016) [2018] SCSC 8299 (18 October 2018)

R v Alam (CO 67/2016) [2018] SCSC 8299 (18 October 2018)

The court found that the accused, Faisal Alam, recruited, transported, and received the victims through deception and misrepresentation, confiscated their passports, withheld wages, provided substandard accommodation, and exploited them for forced labour and practices similar to slavery, thereby satisfying all elements of trafficking in persons under the Prohibition of Trafficking in Persons Act, 2014. The prosecution proved its case beyond reasonable doubt on all counts.

Citation
[2018] SCSC 8299
Parties
Prosecutor: The Republic; Accused: Faisal Alam
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 October 2018
Case Number
CO 67/2016
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Trafficking in Persons, Forced Labour, Labour Exploitation, Deception, Coercion, Labour Law Breach
Source Language
English
Criminal Law Human Trafficking Trafficking in Persons Forced Labour Labour Exploitation Deception Coercion Labour Law Breach

Case Brief

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Parties

The Republic

Prosecutor

Faisal Alam

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused recruited, transported, harboured or received persons by deception or coercion for the purpose of exploitation contrary to the Prohibition of Trafficking in Persons Act, 2014
  2. 2 Whether the accused exploited the victims for forced labour and practices similar to slavery
  3. 3 Whether the accused misrepresented employment conditions and withheld wages and passports

Ratio Decidendi

The court found that the accused, Faisal Alam, recruited, transported, and received the victims through deception and misrepresentation, confiscated their passports, withheld wages, provided substandard accommodation, and exploited them for forced labour and practices similar to slavery, thereby satisfying all elements of trafficking in persons under the Prohibition of Trafficking in Persons Act, 2014. The prosecution proved its case beyond reasonable doubt on all counts.

Court Disposition

Conviction

Orders

  • The accused Faisal Alam is found guilty on Counts 1, 2, 3 and 4 and is convicted on all four counts.