Short overview of the case
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. 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 happened ‘in circumstances resembling an accident, in an attempt to escape from the apartment’. On 13 September 2001 Mr. Nikolay Mikhaylovich Rantsev requested 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 and 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, specifically on how people from third countries entry, stay and be employed as artists in entertainment places, such as cabarets. The existence of “artiste” visa on the territory of Cyprus was completely abolished. It became more obvious that the cabaret industry with such visas was part of illegal sex tourism and targeted the most vulnerable women. The new policy established that applicants from third countries should be allowed to work only as creative or performing artists, if their applications are reviewed 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’.[1]
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’.[2]
Eventually, in April 2014 the new law was adopted on the Prevention, Fighting against Trafficking in and Exploitation of Human Beings and Protection of Victims 60(I)/2014 and it replaced the Law 87(1)2007. The purpose of new legislation is to penalise human trafficking, 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 and has provisions for the Multidisciplinary Co – ordinating Group. It was established for the purpose to promote the measures to protect the victims of sexual abuse. Another major change was introduced, when the new law was established in relation to the police system. The Office of Combating Trafficking in Human Beings of Cypriot Police, which was set up in 2004, has improved 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, became the first competent authority, where victims of trafficking are referred to, because ‘the Social Welfare Services will provide information to the potential victim, including their rights under the law as victims’.[3]
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)’.[4]
[1] 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)
[2] 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, 19, para 87
[3] Anti – Trafficking Law 60(I)/2014, part 4, s.1, Articles 44 – 45
[4] 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