Tackling Human Trafficking [The Barrister Magazine]

[As published on The Barrister Magazine: http://www.barristermagazine.com/article-listing/current-issue/tackling-human-trafficking.html]

Recently human trafficking has returned in the UK media spotlight, as a study by the Centre of Social Justice has been published denouncing the Government’s failure to tackle this complex form of transational crime.

Image source: http://www.fairbanksyouthadvocates.org/2012/04/17/human-trafficking/

The internationally recognised definition of ‘human trafficking’ can be found in the Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children) to the Convention against Transnational Organised Crime (the Protocol entered into force in 2003):

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs… The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.”

This complex definition seeks to capture the chain of trafficking which includes the act, the means to carry out the act and the purpose of the act. Therefore, the definition should be understood as follows:

1) The act: “the recruitment, transportation, transfer, harbouring or receipt of persons”

2) The means: “by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person”

3) The purpose: “for the purpose of exploitation“. “Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

It should be noted that, in each one of the three limbs of the definition, the elements listed are alternatives to be satisfied. Therefore, contrary to popular belief, a victim of human trafficking does not necessarily need to have ‘travelled’ or have been ‘transferred’. In fact, the mere recruitment is sufficient to satisfy the first limb of the definition – provided the subsequent other two limbs are satisfied too. Similarly, in the second limb of the definition, it is not necessary to prove that the victim was subjected to violence or threat of violence: other forms of coercion which satisfy the legal threshold, which are more of a psychological nature rather than physical, include the abuse of a position of vulnerability (e.g. an individual who offers to “help” an orphan). Finally, exploitation is commonly correlated to prostitution. In reality, the variety of forms of exploitation is far wider and includes the exploitation of individuals in cannabis factories, as well as in otherwise legitimate enterprises such as the textile industry (e.g. where workers are unpaid, paid under the minimum wage or made to work in unsafe and illegal conditions).

Of course, for human trafficking to be identified, all three limbs of the definition must be satisfied. This is the most complex aspect since one or more stages of the chain of human trafficking can easily be concealed. The greatest problem of this form of crime is the difficulty posed in identifying the victims and the crime itself. Often a victim might even be confused as a perpetrator, since the police might come across them for the first time in the context of the commission of a criminal offence, such as cultivating cannabis.

On 6 April 2013, the European Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and Protecting its Victims will come into force in UK, meaning that that is the deadline by which the country must fully implement it. Some of the key changes that will be brought about by this welcome piece of legislation are requirements for/to:

• the establishment a dedicated national anti-slavery agency or Rapporteur
• the establishment of an EU Anti-Trafficking Coordinator
• increase public awareness of human trafficking
• set up special measures for the protection of victims and, in particular, of minors
• the revision of definitions relating to human trafficking offences to cover a broader range of cases, to include the commission of offences within the UK territory or by UK nationals outside of the UK territory
• the establishment of a system by which prosecution and punishment of defendants later identified as victims of human trafficking may be dropped where it is proven that their commission of criminal offences is correlated to their status as human trafficking victims.

The Crown Prosecution Service has recently published a new set of guidelines on Human Trafficking taking into account the European Directive soon coming into force. The UK needs to also work hard in cooperation with other EU Member States on raising awareness amongst officials dealing with immigrants, such as those at the UK Border Agency, as well as members of the criminal justice system including judges that all too often misunderstand the nature of this complex crime.

Behind the Bars

Although it was not my first visit to a prison, it did not feel just like any other day. It was early, still pitch dark outside. Trying to figure out what clothes to wear was rather difficult. I knew it was sensible not to wear any low cut tops or short skirts (rather obvious), but I was also advised not to wear scarves or elegant clothes. I opted for a pair of jeans and a sweater. I also knew that I could not take anything possibly relating to computers, such as USB sticks or CDs, but also I couldn’t take in chewing gums which apparently are used by inmates to force the locks open (don’t ask me how!).

Waiting at the bus stop, there I was: standing in the freezing cold on my way to HMP Pentonville Prison in London.  Some notorious inmates of this prison have been George Michael and Pete Doherty (who also wrote a song called Pentonville). When I arrived, I was surprised to find that the building is very visible from the main road and houses are built very close-by. In fact, some of the cells’ windows can be easily seen from the road. I got in through the main entrance and had to get a Visitor’s pass after having had my fingerprints and a photograph taken by security. No mobile phones could go past security, so I left mine in a locker. Clearly, no cameras could be taken inside either so the photographs in this post were found online and were not taken by me.
When I walked in, accompanied by internal staff, it was the time of what is called ‘free flow’, that is, when cells are unlocked (I think different wings are unlocked in turns and not all cells are unlocked, e.g. those with high security regime) and prisoners are moving from one wing to another heading to whichever activity they’re meant to attend. These activities can be educational or simply taking a shower. ‘Free flow’ lasts for about half an hour and it takes place about twice every day. When it ends, everything is locked up again and inmates are either back in their cells or in another space where they’re undertaking an activity such as a workshop. I couldn’t help but notice that the great majority of inmates was either black or Asian, although there were a few whites too. From what I saw, most of them were also quite young.

Pentonville was the first prison in Great Britain to put into practice the enlightened ideas of the prison reformer, John Howard. Built in 1840-42 to the designs and under the direction of Major (later Sir) Joshua Jebb, Surveyor General of Prisons, it pioneered the separate housing of inmates in wings radiating out from a central hall. (Source: http://www.elton-engineeringbooks.co.uk/highlights/jebb.htm) The only time it stopped being used as a prison for English inmates was during the Second World War, when it was used to hold German prisoners. Other than that, it’s been actively in use since it was first opened.

Source: http://www.elton-engineeringbooks.co.uk/highlights/jebb.htm

Pentonville has 7 residential wings:

• A wing – Induction and First Night Centre. This wing has recently been refurbished to cater for new arrivals into custody.
• B wing – Resettlement wing
• C and G Wings are for remand and convicted prisoners and provide services including education, workshops and offending behaviour courses
• D Wing – Is the enhanced wing
• E Wing – Substance Misuse Unit
• F Wing – IDTS (Stabilisation Unit)

I walked through one of the wings (I am not actually sure which one it was, but I think it must have been either C or G) and I was surprised by the brightness of the spaces. Of course, the light is not as abundant in the cells. Some of the cells, those for vulnerable inmates, are actually in the basement and have no natural light. The prison was built for around 600 prisoners, however now the prisoners are more than 1200 and all cells (intended for one individual only) host two prisoners. Although I didn’t actually walk inside a cell, I could see they were tiny and there was barely room for a bunk bed and a table where prisoners eat. In fact, they collect food and eat in their own cells rather than in a shared canteen. Breakfast is collected together with the evening meal, but most of them apparently eat it in the evening or at night because they’re hungry and end up skipping breakfast the following morning. Some cells have a TV, which the inmates pay for. I was told that, although it seems like an excessive privilege, it is actually a very good weapon to use to make sure the prisoners behave well. In fact, I understood that the threat or the actual act of taking away the TV is sometimes more effective than any other threat. Clearly, spending so many hours locked up, the worst thing is making time go by without going crazy. It is also better to let them watch TV rather than get into fights with each other or using drugs (although they probably do it anyway, although Pentonville has gone down hard on the fight against drugs given the recent scandals).

I had the opportunity to see a classroom which was actually well equipped, with some computers, a board, large tables and chairs. The computers don’t have internet connection and even the staff’s own computers, which are located in separate sections of the wings, to which prisoners have no access, have limited access to internet. Although this might sound obvious, every single space is separated by locked gates which need to be unlocked to go through and locked immediately after. Even to simply access the staff’s toilet or a staircase, there will be one or two locked gates and doors to get through. On my way out, the food was being served for lunch and the smell was absolutely unpleasant and I surely did not feel hungry after that.

 Source: The Guardian

It was a very interesting experience, because, while one can imagine what a prison is like from all the films that depict life in prison, the reality is not as ‘cool’ as television and the cinema make it appear.

A report published in June 2011 by Her Majesty’s Inspectorate of Prisons for England and Wales (HMI Prisons), sadly confirms my general perception of the building’s state:

 “Pentonville is an iconic prison, but not always for the right reasons: its four central wings are over a hundred and fifty years old, it has a large and transient population drawn from some of London’s poorest boroughs, and its prisoners have amongst the highest incidence of mental ill health and substance abuse of any local prison in the country. […]Pentonville is amongst the most challenging local prisons in the country to run. Its ageing and crowded fabric offers limited scope for change or development, its population is not only transient but also hugely needy – and sometimes challenging – and resources are declining. Despite all this, managers and staff were working hard to make the prison a safer and more decent place. There was now a little more purposeful activity and some exciting, if nascent, ideas to work with local authorities to improve resettlement outcomes. It goes without saying that there is much more to do. Indeed the scale of the issues facing Pentonville means that it is also essential that the prison is supported by an effective London-wide strategy – but there is now at least a positive sense of direction.”

Source: The Guardian

The most overwhelming feeling even for someone who, like myself, knew perfectly well I’d be inside for no more than a couple of hours, is that, as you walk in, you lose control of what’s happening around you. The doors and gates rapidly being locked behind you, you realise that if – for any reason – you actually wanted to leave, you would not be able to do so without having someone able to let you out. Despite that, I actually came out feeling quite positive about the overall experience: seeing the prisoners so close-by, walking right next to them, reminded me that, even if many – if not most of them – have committed some serious crimes, they are humans. Some of them are there because they probably were unlucky enough to be born in the wrong place, to the wrong family or ended up mixing with the wrong crowds.

That is not to say that I feel sorry for them or that I would forgive the crimes they have committed and for the pain they’ve caused to others. Rather, it is to say that seeing a prison from inside has made even stronger, in my eyes, the case in favour of Article 6 (European Convention of Human Rights) rights. When you see with your own eyes what life in prison means, you understand why the criminal justice system must strive to secure convictions of the guilty and ensure acquittal of the innocent. Unfortunately, even in a perfectly well-oiled criminal justice machine, there are bound to be mistakes. This is why the importance of the right to a fair trial in full respect of the presumption of innocence, the equality of arms and the impartiality of the tribunal, must never be underestimated or taken for granted. The natural continuation of the right to a fair trial is the full compliance with human rights inside the prison, that is not to say to give unlimited privileges to prisoners but simply to remember that they are humans despite the inhumanity of some of their actions and – if we are to call ourselves a modern society – we must strive to respect their human dimension and, if possible, help them to rediscover it through rehabilitative and educational programmes.

Source: The Guardian

For anyone interested in more information on HMP Pentonville or the prison system in general, I have found this website very informative and useful: http://www.insidetime.org/info-regimes2.asp?nameofprison=HMP_PENTONVILLE.

The pictures in this post (except for the image of Jebb’s drawings of the prison plan) were all published by The Guardian online.