In the case of F.M. and Others v. Russia the Court held that there had been violations of the prohibition of slavery and forced labour in respect of: the lack of an adequate legislative framework to prohibit and prevent trafficking, forced labour and servitude and to protect its victims; the failure to take operational measures to protect the applicants; and the failure to conduct an effective investigation, as well as a violation of the prohibition of discrimination.

The case concerned the alleged trafficking and labour exploitation in Moscow shops of three Kazakh and two Uzbek nationals, and the authorities’ response in that regard.

The Court held that the Russian legal framework had been inadequate, in particular as its criminal law had not effectively penalised trafficking in human beings, forced labour and servitude, and lacked protection for victims of trafficking. The authorities had failed to take steps to protect the applicants, instead treating legitimate efforts to bring the perpetrators to justice as improper and potentially criminal. The authorities had failed to institute and conduct a criminal investigation into these allegations and to cooperate with other States concerned.

The Court held that the State’s inaction had amounted to repeatedly condoning trafficking, labour exploitation and related gender-based violence and had reflected a discriminatory attitude towards the applicants as women who were foreign workers with an irregular immigration status. That had created a climate that had been conducive to the applicants’ trafficking and exploitation.

• Press release