Campaigners have claimed 24 Asian nationals jailed for cannabis cultivation in recent years are potential victims of human trafficking.
The Migrant Rights Centre of Ireland also claimed no investigation was carried out by gardaí into this and that all of them subsequently received, on average, a sentence of three years.
A MRCI report, which is part of a wider European project on trafficking for forced labour, found that:
-36 Asians have been imprisoned between 2011 and July 2013 for cannabis cultivation;
-They include 13 Vietnamese nationals and 11 Chinese nationals.
-24 are potential victims of human trafficking.
-19 claimed they were not paid, were not allowed to leave cannabis grow houses, had their passports/documents confiscated, were forced to sleep on mattresses on the floor, and had working conditions described as “horrendous”.
Virginija Petrauskaite, MRCI legal officer, said: “People have been found malnourished and terrified in houses locked from the outside, yet they were still treated as criminals and given heavy prison sentences.
“It is of deep concern to us that even where clear indicators of human trafficking are present in cases before the courts, no consideration is being given to the possibility that the person is a victim of trafficking. This report recommends that a multi-agency team of experts assesses all potential cases of trafficking for slavery in cannabis production immediately so that victims can be identified and protected.”
The report said it was “evident” that gardaí were unable to identify victims in such circumstances and there was an urgent need for potential victims to be formally identified by an agency like the HSE, with the assistance of MRCI.
The report said that, where there are indicators of human trafficking, the State has “an obligation” to investigate further.
“Last July, the Government introduced a law to protect victims of human trafficking who have been forced to commit crimes but, to date, this law has not been applied,” said Ms Petrauskaite.
“The Department of Justice and Equality along with An Garda Siochána are aware of this problem yet they have been unable to respond in a comprehensive way. There is a need for an independent rapporteur to combat human trafficking who can identify trends and bring all stakeholders together to implement appropriate responses — and avoid criminalising victims.”
www.mrci.ie
Locked up and fed once a week
A middle-aged man, struggling with debts, accepted an offer of a job in Europe as a gardener by a wealthy friend. He was introduced to a group of men who arranged for him to be brought out of Asia. He arrived at an industrial estate in rural Ireland and was taken to a barn. Inside, the barn was very hot.
He saw hundreds of plants being fed and watered by hoses under artificial lights. He was shown how to control the hoses, the heaters and lights and was told it would be his job to look after the plants. The men locked him in and threatened that he would be very sorry if anything happened to them.
He had an old mattress to sleep on and was brought food once a week. He had no idea what country he was in. When the police discovered the barn, they found him locked inside.
With the assistance of an interpreter, he told them he never received any money.
He was charged with possession of the plants and faces a presumptive minimum sentence of 10 years.
Although there were strong indicators in this case, gardaí did not identify the individual as a victim of trafficking.
In this case, the victim was charged and awaits trial for cannabis production.
-From MRCI report
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Asians who were jailed over cannabis factory were trafficked here
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