HUMAN TRAFFICKING: Lack of Irish convictions masks deadly truth of trafficking

THE uninitiated would be forgiven for thinking that the number of detections by authorities of human trafficking or aggravated pimping in Ireland were significant.

Three years ago Justice Minister Brian Lenihan said there was “no evidence of a significant human trafficking problem in Ireland”.

The absence in the statute books of any discernible legislation referring to the crime of human trafficking, at that point, only served to compound the apathy.

Nonetheless, three years later new legislation exists, an anti- trafficking unit exists in the Department of Justice and the Garda National Immigration Bureau has, in theory, a section dedicated to investigating the crime.

As a result, the authorities can point to the following cases as examples of their fight against human trafficking.

* Three people were charged and sentenced in Romania — the case involved the trafficking of 28 people to Ireland for the purposes of labour exploitation where they were paid low wages, were threatened, beaten and sometimes held at gunpoint.

“All the evidence in this case was gathered in Ireland. The gang leader was sentenced to seven years and his co-accused to five years each,” the Depart- ment of Justice’s Anti-Human Trafficking Unit (AHTU) said.

* Two suspects were charged and sentenced on suspicion that they were receiving funds from Ireland as part of their involvement in human trafficking.

“Information was provided by the Irish authorities to the Lithuanian authorities on money transfers from Ireland to some of the suspects in the investigation,” said the ATHU.

“On February 11, 2010, one of the suspects was sentenced to 11 years’ imprisonment for human trafficking offences and a second suspect who received funds from Ireland was sentenced to six years imprisonment for human trafficking offences on the same date.”

* Three people charged and sentenced in Wales as a result of Operation Abbey, The majority of the criminal activity in Ireland took place in the midlands.

“The evidence was gathered in Ireland and exchanged with the British authorities to facilitate a prosecution in the UK with human trafficking, prostitution and money laundering,” the ATHU said.

“The accused were convicted on the latter two charges and given sentences of seven years, three and a half years and two years imprisonment.”

* One person was convicted of an offence of attempting to traffic a child for sexual exploitation and sentenced to six years with 15 months suspended in April 2009. The DPP appealed the sentence and this was recently increased to six years. This same man received a three year sentence in 2001 for the same offence.

* One case is before the courts where a person is charged with a human trafficking offence in relation to the trafficking of a child for sexual exploitation. A date for the trial has been set for February 14, 2011.

* One person was charged on 10 counts under Section 3 of the 2008 Act, for the trafficking of Irish children for sexual exploitation. The accused was due to appear in court on September 16, 2010, but this has been extended to allow for the completion of the Book of Evidence.

* One person was charged on seven counts under Section 3 of the 2008 Act, for the trafficking of Irish citizens. The accused was due to appear in Court on September 13 but this has been extended to allow the Book of Evidence be completed.

* One person was charged with one count under Section 3 of the 2008 Act. The accused is to be returned for trial but no court date has been set.

* One person was charged in May 2010 with an offence under Section 29(2) of the Criminal Justice (Theft and Fraud Offences) Act 2001 related to the possession of a false passport. The individual pleaded guilty to the charge and was sentenced to four months imprisonment and a fine of €500. The individual had been arrested as a result of the search of a house in Dublin on June 5, 2010. At the time, a 12-year-old Nigerian child was placed in the care of the HSE, in accordance with Section 12 of the Child Care Act.

That appears to be a substantial list, but when one analyses the cases, the success rate is not quite so praiseworthy. Firstly, they have to be put in the context of 170 allegations of human trafficking to gardaí.

Notwithstanding that, of the 14 people referred to in the cases listed above, five relate to authorities here contributing information to prosecutions taken outside the state.

In fact, in case number 1, the Irish authorities did not cover themselves in glory.

Remus Fusteac, aged 41, his 21-year-old son Arthur Sergiu and nephew Alexandru, aged 20, were found guilty in Romania of human trafficking, running an organised crime syndicate, money-laundering and possession of firearms.

However, during the course of their trial, it emerged the gang — accused of trafficking poor Romanians to Ireland between 2006 and 2008 and threatening them with guns and knives to stop them going to police — had been deported from Ireland in 2004, after being investigated for money laundering.

Three of the other convictions listed above relate to the Carroll gang which was found guilty earlier this year of organising prostitution in Britain and Ireland.

In the case which was prosecuted in Wales against TJ Carroll, his girlfriend Shamiela Clarke and daughter Toma Carroll, it emerged that women under TJ Carroll’s gang were trafficked and that he knew about this, but the traffickers themselves were not collared. And what is galling to anti-trafficking campaigners is that the rest of the people in Carroll’s gang who were arrested during the initial garda investigation, have never been brought before the courts for their part in the operation.

Carroll, his family and his associates were well known among prostitutes working in the midlands, where the bulk of his Irish operations were based. They had built an exclusive empire with brothels in Athlone, Carlow, Kilkenny, Waterford, Wexford, Drogheda, Newbridge, Mullingar and Sligo.

The victims had been trafficked from Nigeria, believing they were coming here for a better life. However, according to the British Crown Prosecution Service, they found themselves with clients whom they were not allowed to refuse, working up to 16 hours a day, seven days a week, as part of a very lucrative prostitution business which operated not just in Ireland but also South Africa and Wales.

Among the victims were girls who were just 15 and 17 years old when the abuse occurred.

In case number 4 (above), the trafficking link was tenuous. A former garda sergeant, Kieran O’Halloran tried twice to source a child for sex from a prostitute. In both cases he failed, so no one was actually trafficked.

That leaves four cases which refer specifically to the human trafficking legislation but for which there is no information, as the cases have not yet been heard. Ultimately, however, as of now, no one has been convicted in the Irish courts for human trafficking or been given a significant sentence for aggravated pimping.