Human Trafficking – Immigration policy in Cyprus – How did the case of Rantsev Vs Cyprus change it?

Short overview of the case

Firstly, the judgment in the case of Rantsev became a landmark for human trafficking in many aspects in Cyprus.  In the case of Rantsev, the applicant was the father of a Russian girl, Oxana Rantseva. Who had reached Cyprus on 5 March 2001 on an “artiste” visa. This kind of document gave her the permission to work by Cypriot authorities. She proceeded to work on 16 March 2001 at the cabaret. On 19 March 2001, three days later, the applicant`s daughter decided to leave this job and she disappeared. At the same time, the owner of the cabaret notified the Limassol Immigration Office about this issue. With the request to arrest and departure her. However, the applicant`s daughter was not included in the list of wanted people. Meanwhile, on 28 March 2001 her employer was informed that Oxana Rantseva was at the discotheque.

Conclusion of the story

He took her from the place where she had been and brought her to the police station. However, the police officers refused to accept his request and returned the girl to him.They were asked to go to the immigration department the next day. But this did not happen. The applicant`s daughter was found dead, ‘on the street below the apartment’. The Cypriot police concluded that the death happen ‘in circumstances resembling an accident. Further, in an attempt to escape from the apartment’.  On 13 September 2001 Mr. Nikolay Mikhaylovich Rantsev request the authorities in Russia to proceed with an additional investigation on the territory of Cyprus. Ultimately, he was not satisfied with the results of the above-mentioned proceedings. Also, took his application to the European Court of Human Rights on 26 May 2004.

The Impact of the case on the immigration policy and on human trafficking

The first major change was in relation to the immigration policy. Furthermore, specifically on how people from third countries entry, stay and employ as artists in entertainment places, such as cabarets. The existence of “artiste” visa on the territory of Cyprus was completely abolish. It became more obvious that the cabaret industry with such visas was part of illegal sex tourism and target the most vulnerable women. The new policy establish that applicants from third countries should allow to work only as creative or performing artists, if their applications are review and approved by the interdepartmental committee within the Department of Labour.  As a result, ‘there has been a decrease in the numbers of third country nationals entering the Republic to work as performing artists’.

Group of Experts on Combating Human Trafficking

In 2011 the GRETA, the Group of Experts on Combating Trafficking in Human Beings of the Council of Europe, published the first report on Cyprus. They concluded that the anti – trafficking Law 87(I)2007 did not include the requirement to provide victims of human trafficking with compensation or support, as well as the fact that ‘the Cypriot authorities have so far not taken adequate measures to discourage the demand of services from trafficked persons’.

Fighting against Human Trafficking

Eventually, in April 2014 the new law adopt on the Prevention. Also, Fighting against Trafficking in and Exploitation of Human Beings and Protection of Victims 60(I)/2014. Further, it replaced the Law 87(1)2007. The purpose of new legislation is to penalise human trafficking. Also, sexual exploitation and develop measures for the support of victims of mentioned above crimes. After adopting this legislation, sexual exploitation became punishable for five years and above. This Act complies with the Council Directive 2004/81 and the Council Directive 2011/36 EU. Also, has provisions for the Multidisciplinary Co – ordinating Group. It establish for the purpose to promote the measures to protect the victims of sexual abuse. Another major change introduce. Further, when the new law establish in relation to the police system.

Office of Combating Human Trafficking

The Office of Combating Trafficking in Human Beings of Cypriot Police, which set up in 2004, has improve obligations to identify potential human trafficking and prevent an existence of it. The Social Welfare Services, according to the Articles 44 – 45 of the law, become the first competent authority, where victims of trafficking are refer to, because ‘the Social Welfare Services will provide information to the potential victim, including their rights under the law as victims’.[3]

US State Department Trafficking in Persons Report

According to US State Department Trafficking in Persons Report 2019, the Republic of Cyprus remains on Tier1, therefore it means that Cyprus is making significant efforts to eliminate human trafficking. For instance, ‘the Ministry of Labour (MOL) inspected 128 employment agencies (122 in 2017) and revoked the licenses of six employment agencies for labour violations (10 in 2017)’.

Council of Europe

Also, Council of Europe, Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings, “Report submitted by the Cypriot authorities on measures taken to comply with Committee of the Parties Recommendation CP(2011)2 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings”, 30 September 2013, CP(2013)12, 22, para 103 (d)

Council of Europe, Committee of the Parties to the Council of Europe Conventionon Action against Trafficking in Human Beings, “Report submitted by the Cypriot authorities on measures taken to comply with Committee of the Parties Recommendation CP(2011)2 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings”, 30 September 2013, CP(2013)12,  19, para 87

Anti – Trafficking Law 60(I)/2014, part 4, s.1, Articles 44 – 45

U.S. Department of State, 2019 Trafficking in Persons Report: Cyprus (20 June, 2019) https://www.state.gov/reports/2019-trafficking-in-persons-report-2/cyprus/ accessed 21 November 2019