Public Law Solicitors

The Spanish authorities’ ineffective investigation into the trafficking and sexual exploitation of a Nigerian woman violated Article 4 of European Convention on Human Rights (ECHR).

The case of T.V. v. Spain (Application no. 22512/21) centred on a woman trafficked as a minor for sexual exploitation in Spain, who, after years of suffering and psychiatric trauma, sought justice for the violations of her human rights.

The applicant, identified as T.V., was trafficked at the age of 14, enduring years of exploitation and developing severe psychiatric harm, leading to a 75% psychiatric disability. Her journey to seek justice began after Spanish authorities failed to properly investigate and prosecute those responsible for her trafficking. Today, the European Court found that Spain had violated Article 4 of the European Convention on Human Rights (ECHR) by conducting an ineffective investigation into her case.

This case highlights not just a legal victory, but the profound human toll of trafficking. T.V.’s story is a stark reminder of the psychological and physical harm suffered by victims, many of whom are failed by national justice systems. Despite overwhelming evidence, Spanish authorities prematurely and superficially dismissed the prosecution of those accused of trafficking T.V., leaving her without the justice and protection she so desperately needed.

The European Court's judgment found that Spain had failed to pursue obvious lines of inquiry and had not acted with the required diligence in investigating the crime of human trafficking. The domestic courts’ decision to discontinue the case was deemed inadequately reasoned and, ultimately, insufficient to meet Spain’s obligations under Article 4 ECHR.

Duncan Lewis Solicitors’ public law solicitor Raja Uruthiravinayagan instructed Professor Parosha Chandran, of One Pump Court. Professor Parosha Chandran, a world-renowned expert in human trafficking law, played a pivotal role in the case, bringing her extensive expertise to secure justice for the victim.  The case was initially referred to the legal team and was supported by Ms. Sandra Camacho of the Catalan-based NGO, SICAR cat (now Fundacion Solidaridad Amaranta), underscoring the collaborative effort needed to combat human trafficking at an international level.

Speaking on the significance of the ruling, Duncan Lewis solicitor Raja Uruthiravinayagan, said:

“This judgment reaffirms a State’s obligations under Article 4 of the European Convention on Human Rights to effectively investigate and combat human trafficking and forced labour. The Court has made it clear that mere formal investigations are not sufficient; States must act with diligence, pursue all reasonable lines of inquiry, and provide substantive reasons for their decisions. The failings of the Spanish authorities in this case highlight lessons for other jurisdictions, including the UK, where similar obligations exist to ensure that allegations of trafficking and forced labour are met with thorough, prompt, and effective investigations. Authorities must take these obligations seriously to protect vulnerable individuals and uphold the rule of law in the fight against human trafficking.”

The public law team at Duncan Lewis Solicitors, comprising Raja Uruthiravinayagan, Gina Skandari, and Kristen Allison, played a crucial role in this landmark case, working tirelessly to bring justice to a vulnerable individual failed by national authorities. This success reinforces the team’s ongoing commitment to defending human rights and supporting victims of trafficking.

Public law solicitor Gina Skandari added: “We are delighted with the European Court of Human Rights’ findings in our case. Our client is an extremely vulnerable but brave individual, it cannot be understated how difficult this process has been for her. She has had to repeatedly relive her traumatic trafficking experiences throughout the judicial process in Spain to secure justice. I hope that she can now move forwards with her life and leave this behind her.”

The judgment serves as an important precedent for future trafficking cases, not just in Spain but across Europe, including in the UK, where authorities are reminded of their obligation to thoroughly investigate such grave human rights abuses.

The case was supported by several key organisations, including GRETA (the Group of Experts of the Council of Europe Convention on Action against Trafficking in Human Beings) and The AIRE Centre, both of which acted as independent interveners before the ECtHR. Their involvement highlights the international support and expertise brought to bear on this crucial issue. Additionally, the Lexis Nexis Rule of Law Foundation provided essential free translation services at a critical juncture, aiding in the progression of the case.

The full judgment can be accessed here: T.V. v. Spain (coe.int).

About the Instructing Team

Raja Uruthiravinayagan 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.

Gina Skandari is a Public Law Solicitor at Duncan Lewis Solicitors based in the City of London office. Gina acts in publicly funded cases and has extensive experience navigating legal aid. She has been instructed in a wide variety of complex public law matters, including human rights claims, judicial reviews, removals, unlawful detention, further submissions and asylum.

For legal advice, contact Gina via email at GinaS@duncanlewis.com, or by telephone at 02031141257

Kristen Allison is a Caseworker in the Public Law department of Duncan Lewis Solicitors. Based in the City of London office, she and assists with a range of public law cases both domestically and internationally, including human rights claims, judicial reviews, unlawful detention, trafficking and asylum.

Contact Kristen via email at KristenA@duncanlewis.com, or by telephone at 02031141340.

Duncan Lewis’ 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.

Duncan Lewis Solicitors

Duncan Lewis' Immigration team across London is recognised by The Legal 500 as a 'Top-Tier' department for 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