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V.C.L. and A.N. v. The United Kingdom (applications nos. 77587/12 and 74603/12)

The Court held that once the authorities had become aware of a credible suspicion that an individual had been trafficked, he or she should be assessed by a qualified person. Any decision to prosecute should follow such an assessment, and while the decision would not necessarily be binding on a prosecutor, the prosecutor would need to have clear reasons for reaching a different conclusion. In the case of both V.C.L. and A.N., the Court found that despite the existence of credible suspicion that they had been trafficked, neither the police nor the prosecution service had referred them to a competent authority for assessment; although both cases were subsequently reviewed by the prosecution service, it disagreed with the conclusion of the competent authority without giving clear reasons capable of undermining the competent authority’s conclusions; and the Court of Appeal limited itself to addressing whether the decision to prosecute had been an abuse of process. The Court therefore found that there had been a violation of Article 4 in both applicants’ cases. The Court found that, although the authorities had made some accommodations to the applicants after their guilty verdicts, the lack of any assessment of whether the applicants had been victims of trafficking may have prevented them from securing important evidence capable of helping their defence. As such the proceedings had not been fair, leading to a violation of Article 6 § 1.

16 February 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Survivors of trafficking / Persons at risk of trafficking - Trafficking in persons | Countries: United Kingdom of Great Britain and Northern Ireland - Viet Nam

Campaign Update, October 2020 - December 2020

11 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

CASE OF KHANH v. CYPRUS (Application no. 43639/12)

4 December 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Prison or detention conditions | Countries: Cyprus - Viet Nam

UNHCR Submission on Viet Nam: 32nd UPR session

December 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

Freedom on the Net 2018 - Vietnam

1 November 2018 | Publisher: Freedom House | Document type: Annual Reports

Vietnamese citizen-journalist facing second, longer jail term

21 September 2018 | Publisher: Reporters Without Borders | Document type: Country News

Vietnamese blogger missing since arrest by police two weeks ago

18 September 2018 | Publisher: Reporters Without Borders | Document type: Country News

Country Policy and Information Note Vietnam: Opposition to the State

September 2018 | Publisher: United Kingdom: Home Office | Document type: Country Reports

Country Policy and Information Note Vietnam: Victims of trafficking

September 2018 | Publisher: United Kingdom: Home Office | Document type: Country Reports

Vietnamese blogger gets 20-year jail sentence

16 August 2018 | Publisher: Reporters Without Borders | Document type: Country News

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