The importance of the judgment rendered today by the 59th Chamber of the Brussels criminal court can hardly be overstated. Not because it is the end stage of a procedure that has been epic in length and complexity, nor because the location of the transgression was a prestigious hotel and the main perpetrators princesses. Domestic personnel hailing from all over the world, employed in an administrative and social limbo, in a secluded area presumed beyond the reach of the rule of law, were heard in a court of law and recognised as victims of human trafficking. A thorough investigation firmly established elements constituting human trafficking, including aggravating circumstances retained by the court.

No one, regardless of their status, can simply have people at the back and call, day and night, for any type of work, without reference to working hours or labour relations, their passports confiscated and forbidden to leave the place of work unaccompanied. The court established today that such wanton abuse of power according to social hierarchy renders one culpable of human trafficking before the law.

One of Myria's missions is to stimulate the fight against trafficking in human beings. It was in this capacity that the organisation decided to become a civil party in this highly symbolic court case. The main culprits are highly placed individuals who have significant means at their disposal, reinforcing the vulnerability of the victims.

The court case was introduced in June 2008 following the filing of a complaint by an alleged victim who had managed to escape from the famous Conrad Hotel where she said she had been working under threat twenty four seven. An investigation was started. The alleged victims denounced their working conditions as amounting to modern slavery.

In its judgment of 23 June the court held that the accusations of trafficking in human beings and degrading treatment were proven, sentencing the princesses to 15 months of suspended jail time and a fine of € 165.000 euros, half suspended. This is an important step in the fight against human trafficking, which must not be allowed to go unpunished.

The court maintained that the princesses had sheltered their servants in order to voluntarily subject them to working conditions contrary to human dignity. They had to be available 24 hours a day, 7 days a week, without any days off, unending working days, confiscation of passports, severe movement restrictions, etc. The court emphasized that the statements of the many victims, supported by other elements of the case (testimonies, findings), are credible.

The court, on the other hand, acquitted the princesses of infractions against Belgian social security legislation based on the fact that the princesses were not the victims’ principal employer. According to the court, this was the "private department", a private Emirati company that was not on trial here.

Myria and the specialised assistance providers received one EURO of moral damages. The court awarded moral damages to the victims but no material damages.

This conviction, which is still open to appeal, shows that trafficking can also take lesser known forms of exploitation, such as domestic exploitation. It is an intolerable form of exploitation with vulnerable victims, in which the exploiter often finds himself in a position of power. This is much more difficult to detect because it takes place in closed (private) circles. It is crucial that the courts, police and inspection services continue to assign top priority to these investigations.

This important judgment should also be used to raise awareness of human trafficking in the hospitality sector so that in the future they could be held accountable in case of inaction on their part.

• PERSCONTACT
Tom Kenis •– T +32 (0)2 212 30 62  • tom.kenis@myria.be