Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

268 | PRACTITIONERS GUIDE No. 6• any work or service exacted in cases of public emergency or calamitythreatening the life or well-being of the community. 1120b) State obligations to prevent and investigate forced labourThe European Court of Human Rights, in particular, has emphasised thatStates have obligations not only to refrain from, but also to criminaliseforced and compulsory labour practices and to effectively investigate,prosecute and sanction those who carry out such practices. 1121 TheEuropean Court has posited the principles of an effective investigation inthese cases:“The requirement to investigate does not depend on a complaint fromthe victim or next-of-kin: once the matter has come to the attentionof the authorities they must act of their own motion. For an investigationto be effective, it must be independent from those implicatedin the events. It must also be capable of leading to the identificationand punishment of individuals responsible, an obligation not of resultbut of means. A requirement of promptness and reasonable expeditionis implicit in all cases but where the possibility of removing the individualfrom the harmful situation is available, the investigation mustbe undertaken as a matter of urgency. The victim or the next-of-kinmust be involved in the procedure to the extent necessary to safeguardtheir legitimate interests. [. . .] In addition to the obligation to conducta domestic investigation into events occurring on their own territories,Member States are also subject to a duty in cross-border traffickingcases to cooperate effectively with the relevant authorities of otherStates concerned in the investigation of events which occurred outsidetheir territories.” 1122Box 16. A case of servitude and forced labourThe European Court of Human Rights considered the case of agirl who had arrived in France from Togo at the age of 15 yearsand 7 months with a person who had agreed with her fatherthat she would work until her air ticket had been reimbursed,1120 See, Article 2, Forced Labour Convention (C29), ILO; Article 8.3(b) and (c) ICCPR; Article6.2-3 ACHR; Article 11.3–4 ICRMW; Article 4.3 ECHR. Article 10 ArCHR provides for no exception,making thus the prohibition of forced labour absolute. As illustrated by Article 11.4ICRMW, the first duty will not apply to migrant workers, while the work due as “civil obligations”might concern migrant workers and their families as long as it is imposed also oncitizens.1121 See, Siliadin v. France, ECtHR, op. cit., fn. 1108, paras. 89 and 112. See also, ConcludingObservations on Republic of Korea, CESCR, op. cit., fn. 244, para. 23; Concluding Observationson Poland, CESCR, UN Doc. E/C.12/POL/CO/5, 20 November 2009, para. 23; Principles1 and 12-17, OHCHR Trafficking Principles, op. cit., fn. 244.1122 Rantsev v. Cyprus and Russia, ECtHR, op. cit., fn. 236, para. 288–289; C.N. v. the UnitedKingdom, ECtHR, Application No. 4239/08, Judgment of 13 November 2012, para. 69.