Rantsev v Cyprus and Russia
Human trafficking falls within article 4, and states have positive obligations to put in place a legal and administrative framework to prevent trafficking, protect victims and investigate.
Facts
Oxana Rantseva, a young Russian woman, went to Cyprus on an artiste visa, which was commonly used to bring women into the sex industry. She left her job at a cabaret after a few days. Her employer found her and took her to the police, asking them to detain her as an illegal immigrant, but the police released her into his custody. She was taken to a flat and was later found dead in the street below. Her father complained that the Cypriot and Russian authorities had failed to protect her and to investigate her death.
Legal principle
The European Court of Human Rights held that trafficking in human beings falls within the scope of article 4, even though it is not mentioned expressly. States have a positive obligation to put in place an appropriate legal and administrative framework to prevent trafficking and protect victims, to take operational measures to protect victims or potential victims where the authorities are aware of a credible suspicion of trafficking, and to investigate trafficking. Cyprus had breached article 4 by its visa regime and by failing to protect Ms Rantseva, and Russia had breached it by failing to investigate the recruitment. Cyprus had also breached article 2 by failing to investigate her death effectively.
Related cases on slavery, liberty and fair trial (articles 4 to 7)
- Airey v Ireland (1979) 2 EHRR 305
- Al-Khawaja and Tahery v United Kingdom (2012) 54 EHRR 23
- Austin v Commissioner of Police of the Metropolis [2009] UKHL 5, [2009] 1 AC 564
- Brogan v United Kingdom (1989) 11 EHRR 117
- Gillan v United Kingdom (2010) 50 EHRR 45
- Golder v United Kingdom (1979) 1 EHRR 524
- Guzzardi v Italy (1981) 3 EHRR 333
- Murray v United Kingdom (1996) 22 EHRR 29
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
