Case Law Database

Trafficking in persons

12-175933MED-OTIR/03

Fact Summary

The case started when a Nigerian girl was arrested by the police owing to lack of identification papers in November 2010 in an area of Oslo where street prostitution takes place. She was placed in a child welfare institution, as it was considered that she might be less than 18 years old. The child welfare authorities later informed the police that they suspected her to be a victim of trafficking, and an investigation followed.

The court found that the victim had been living in Nigeria as one of 10 children in a family with a husband and two wives. She was transported by an unknown person from Nigeria to Denmark (through Turkey and Greece) in the summer of 2010, following an agreement between her traffickers and her family. The family and the victim understood that she would work in prostitution in Europe, and that the expenses for the provision of her passport, transportation and accommodation, amounting to € 50.000, would have to be repaid before any money could be sent to the family. Her passport was taken from her in Denmark.

The female defendant, D., then appeared and took the girl to Norway, where she was immediately put to work in street prostitution in Oslo. When the girl complained about the conditions, D. threatened her, stating that her family would be killed if she went to the police. She earned a total of about € 8.000, which she gave to the woman, before being arrested by the police.

After being placed in the child welfare institution, D. called the victim on the phone and demanded that she leave the place and return to work in prostitution. Her family was also contacted to persuade her to return to prostitution. The family then called the girl, instructing her not to mention the woman to the police.

The investigation eventually gave reason to suspect D. of her involvement in the exploitation of the victim. She was living in Spain at the time, and was arrested there and later extradited to Norway, having given birth to a child in prison.

Commentary and Significant Features

Nigeria is one of the most prevalent countries of origin for victims of trafficking in Norway. Investigating the networks behind the trade has proved to be extremely difficult. 

Sentence Date:
2012-12-17
Author:
Norwegian Ministry of Justice and Civil Security

Keywords

Organized Crime Convention:
Article 5 UNTOC
Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Article 5, Trafficking in Persons Protocol
Acts:
Recruitment
Transfer
Harbouring
Means:
Threat or use of force or other forms of coercion
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Transnational
Organized Criminal Group
Sector in which exploitation takes place:
Commercial sexual exploitation
International Cooperation:
Extradition

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)
• involved an organized criminal group (Article 2(a) CTOC)

Involved Countries

Nigeria

Denmark

Norway

International Cooperation

Measures

• Extradition

Gender Equality Considerations

Details

• Gender considerations
• Female principal offender

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Victims / Plaintiffs in the first instance

Victim:
Anonymous
Gender:
Child
Nationality:
Nigerian

Defendants / Respondents in the first instance

Number of other accused:
1
Defendant:
D.
Gender:
Female
Nationality:
Nigerian
Legal Reasoning:

The court found that D. had been a central part of a criminal network, maintaining a steady stream of women brought into Europe to engage in prostitution. The court found that having given birth to a child in prison had placed D. in a very challenging situation, and took this into consideration when deciding on the prison term.

Charges / Claims / Decisions

Defendant:
D.
Legislation / Statute / Code:

Section 224 of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Term of Imprisonment:
1 year 3 Months

Court

Oslo District Court