European Court of Human Rights - Rantsev v. Cyprus and Russia - Application no. 25965/04

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

07/01/2010

Note – Notes:

Ruling:

For these reasons, the Court, unanimously […] Holds that there has been a procedural violation of Article 2 of the Convention by Cyprus because of the failure to conduct an effective investigation into Ms Rantseva’s death; Holds that there has been a violation of Article 4 of the Convention by Cyprus by not affording to Ms Rantseva practical and effective protection against trafficking and exploitation in general and by not taking the necessary specific measures to protect her, Holds that there has been a violation of Article 4 of the Convention by Russia of its procedural obligations to investigate the alleged trafficking; Holds that there has been a violation of Article 5 of the Convention by Cyprus;

Reference to obligations of criminalization:

Paragraphs 244, 282, 285, 288, 289

Reference to human dignity:
282. There can be no doubt that trafficking threatens the human dignity and fundamental freedoms of its victims and cannot be considered compatible with a democratic society and the values expounded in the Convention. In view of its obligation to interpret the Convention in light of present-day conditions, the Court considers it unnecessary to identify whether the treatment about which the applicant complains constitutes “slavery”, “servitude” or “forced and compulsory labour”. Instead, the Court concludes that trafficking itself, within the meaning of Article 3(a) of the Palermo Protocol and Article 4(a) of the Anti-Trafficking Convention, falls within the scope of Article 4 of the Convention. The Russian Government’s objection of incompatibility ratione materiae is accordingly dismissed.

Norme penali italiane rilevanti – Relevant italian rules:

Articles 2, 4 and 5 ECHR

Parole chiave – Keywords:

Cooperazione Internazionale - International Judicial Cooperation, Corte Europea dei Diritti Umani - European Court Of Human Rights, Donne - Woman, Giurisdizione - Jurisdiction, Migranti - Migrants, Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Trattato - Treaty