News

The European Court of Human Rights (ECtHR) has issued a unanimous ruling under Article 4 ECHR in favour of B.B., a trafficking victim from Slovakia, in a case against the Slovak authorities. 

The case centred on B.B., a Roma woman with learning difficulties, who was exploited and trafficked to the UK, where she suffered further sexual exploitation.

After returning to Slovakia, she was diagnosed with schizophrenia linked to her experiences in the UK, and formally recognised as a trafficking victim by the NGO Caritas Slovakia.

Despite this, Slovak authorities pursued a charge of pimping rather than trafficking, denying her access to specialised victim support and applying lighter penalties to her trafficker.

The ECtHR found Slovakia had failed to conduct an effective investigation into credible trafficking claims, overlooking crucial evidence, including abuse of a position of vulnerability. The ruling awarded B.B. €26,000 in compensation and highlighted the need for states to fulfil their investigative duties in trafficking cases to protect victim rights fully.

After the judgment, B.B. commented, “There is justice at last. I hope that no other girl or woman will have to go through what I had to. Thank you, Caritas Slovakia, for supporting me and the lawyers who fought for me.”

The applicant was initially represented by Slovakian lawyers in the domestic proceedings, by attorney Roman Dula, who also represented B.B. in early proceedings before the ECtHR. Following Dula’s judicial appointment in 2023, representation was passed to another Slovakian law firm who instructed Professor Parosha Chandran, a world-renowned human trafficking expert, as counsel. In November 2023, the solicitor representation was transferred to Raja Uruthiravinayagan at Duncan Lewis solicitors. 

It follows another success in representing applicants before the European Court of Human Rights, T.V. v. Spain (significant reasons required for dismissal of trafficking prosecutions against perpetrators, application no. 22512/21).

In that case, it was ruled that the Spanish authorities’ ineffective investigation into the trafficking and sexual exploitation of a Nigerian woman violated Article 4 of European Convention on Human Rights (ECtHR).

About the Instructing Team

Raja Uruthiravinayagan is a solicitor in Duncan Lewis’ public law team. Raja has extensive experience in the Administrative Court, Court of Appeal, the Supreme Court and the ECHR, litigating across a broad range of areas and regularly conducting high profile class-action challenges to unlawful policies and practices affecting vulnerable people.

For legal advice, contact him via email at rajau@duncanlewis.com or via telephone 020 3114 1107.

Our Public Law Team

Duncan Lewis’ Public Law team, ranked in Chambers & Partners and The Legal 500 UK directories, has a broad practice representing both privately and publicly funded (legal aid) clients in matters involving immigration; asylum and human rights and deportation matters, with a niche practice in immigration and civil liberties claimant judicial review matters. They have significant practice in challenging delays in Home Office decision-making, unlawful immigration detention cases with high net claims for damages and challenging immigration removal decisions, particularly third country removal cases.

The Legal 500 recognises Duncan Lewis' public law team as a 'Top-Tier' department in respect of its immigration and human rights work. With over 160 specialist Immigration lawyers nationwide, we bring the highest level of expertise to all immigration matters. The department has a number of highly skilled lawyers who have trained as barristers, and undertake complex appeal cases up to the Court of Appeal and the Supreme Court.