Three Expatriate Workers Convicted of Human Trafficking Sentenced to Imprisonment

The Criminal Court has sentenced three Bangladeshi workers who were convicted on charges of human-trafficking, to ten years imprisonment.

Badhshah  (passport no. B0901824), MD Saim Mollah (passport no. AA5563689) and Abdul Malak  (passport no. B1225641) received a ten-year prison sentence under Section (c) of Act No. 12/2013 the Anti-Human Trafficking Act when based on the evidence and testimony presented in court, they were found guilty under Sections 12, 13 and 17 (a) of the Anti- Human Trafficking Act for having brought Noor Jahan of Bangladesh to the Maldives in 2013 and engaging in the crime of human trafficking.

SECTION 12 OF THE ANTI-HUMAN TRAFFICKING ACT

12 (a). Human-trafficking

A person who commits any of the following acts shall be considered a human trafficker:

1) Planning the transportation or transfer of a person or persons from one country to another by use of illegal means, force or other forms of coercion or being an accomplice to such a transfer. Engaging in the transportation or transfer of a person to another country by use of force or coercion or the receipt or harboring of such a person.

2) Planning the transportation or transfer of a person from one place to another within the territory of the Republic of Maldives by use of illegal means or force or other forms of coercion or being an accomplice to such a transfer. Engaging in the transportation or transfer of a person from one place to another by use of force or coercion or the receipt or harboring of such a person.

(b). For the purpose of a. (1) of this Section “the transportation or transfer of a person from one country to another” includes the transportation of a person to or from the Maldives.

(c).  Although the victim of human-trafficking specified in (a) of this Section has given consent for the transportation or transfer or being harbored or received, the person who committed the act will be considered to have been engaged in the act of human-trafficking.

SECTION 13 OF THE HUMAN TRAFFICKING ACT

  1. Human-trafficking for the Purpose of Exploitation

A person who commits any of the following acts shall be considered a human trafficker.

1). Organizing or directing the transfer or transportation of a person from one country to another or the receipt or harboring of such a person or deliberately being an accomplice to such a transfer. Or an act of negligence during and after the process of transfer or transportation which may lead to any of the following circumstances:

Subjecting the person to forced labour or servitude, conditional labour or servitude or the victim does not have the choice or freedom to change the situation.

Coercing someone to take part in an arrangement or agreement which may have legal implications or coercing the person to non-consensual marriage or the person who has entered such an agreement or marriage does not have the choice or freedom to change the situation.

Forcing someone to do a medical treatment or examination which is not required. That the person was subjected to the medical treatment or examination without consent.

2). Organizing the transfer or transportation of a person from one place to another within the territory of the Maldives or being an accomplice to such a transfer or during and after the process of transfer or transportation an act of negligence which could subject the person to any of the circumstances specified in clause (1) to (3) of this Section.

3). Organizing the transfer or transportation of a person from one country to another or being an accomplice to the act. Or attempt to falsify or mislead while being aware that the person could be subjected to exploitation during and after the transfer or transportation.

4). Organizing the transfer or transportation of a person from one place to another within the territory of the Maldives or being an accomplice to the act. Or attempt to falsify or mislead while being aware that the person could be subjected to exploitation during or after the process of transfer or transportation.

b). For the purpose of clause a. (1) and (3) of this Section, the transfer or transportation of a person from one country to another would include the transportation of a person to and from the Maldives.

c). Although the victim of the act specified in (a) of this Section has given consent for the transfer or transportation to another country, the perpetrator of the act would still be considered to have been engaged in the crime of human trafficking specified in this Act.

Section 17 (a) of the Anti-Human Trafficking Act stipulates that “human trafficking is a crime”. Clause (c) of the Section prescribes a 10-year prison sentence for anyone found guilty of having committed the act.

 

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