In a Chamber judgment in the case of Chowdury and Others v. Greece delivered on Thursday 30 March, the European Court of Human Rights held, unanimously, that there had been a violation of Article 4§2 (prohibition of forced labour) of the European Convention on Human Rights.
The case involved 42 Bangladeshi nationals, who did not have work permits, recruited with several dozen others to pick strawberries in the 2012-2013 season. They worked in harsh conditions from 7.00am to 7.00pm, seven days a week, under the supervision of armed guards. They were not paid, however, and several were shot and seriously wounded when they tried to demand the wages they had been promised (€22 for seven hours’ work and €3 for each hour of overtime).
The Court found that their situation was, indeed, one of forced labour and of human trafficking as defined by the Council of Europe Convention on Action against Trafficking in Human Beings and the Palermo Protocol supplementing the United Nations Convention against Transnational Organised Crime – two texts ratified by Greece.
The Court ruled that the Greek state did not comply with its obligations, failing to prevent the situation of forced labour, to protect the victims, to conduct an effective investigation into the offences committed and to punish those responsible.
While a case was, indeed, heard in Greece, it ended in acquittal on the charge of trafficking in human beings and convictions only on grievous bodily harm and unlawful use of firearms. The prison sentences imposed were commuted to a financial penalty: payment of a total of €1,500 to the 35 workers recognised as victims, or €43 each).
The Court ruled that Greece was to pay each of the applicants who had participated in the proceedings before the assize court €16,000, and each of the other applicants €12,000 for all the damage sustained, plus €4,363.64 to the applicants jointly in respect of costs and expenses.
Greece may, within three months of the delivery of the Chamber judgment, request that the case be referred to the Grand Chamber of the Court. (Original version in French by Véronique Leblanc)