2015-08-12
330
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2. Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases:
(a) Information on relevant court and administrative proceedings;
(b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
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4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.
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COMPLAINTS
The applicant complains under Article 3, Article 4 of the Convention that the Austrian authorities failed to undertake effective and exhaustive investigations and therefore violated their positive obligations.
QUESTIONS TO THE PARTIES
1. Have the applicant been subjected to inhuman or degrading treatment in breach of Article 3 of the Convention?
Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?
2. Have the applicants been subjected to forced labour and/or human trafficking in breach of Article 4 of the Convention (see for the notion of human trafficking Rantsev v. Cyprus and Russia, no. 25965/04, ECHR 2010 (extracts))?
Having regard to the procedural protection from forced labour, was the investigation in the present case by the domestic authorities in breach of Article 4 of the Convention?
