Defendants A. and Z. (a couple) assisted in the irregular entry and stay of two foreign women in France. During a trip to Senegal, A. recruited Y. (her cousin) to go to France, take care of the house and her three children. A. instructed Y. to procure a false passport to enter France. She then seized Y.’s true identity documents. Y. worked for the couple of defendants for 150 Euro per month, which A. automatically transferred to Y’s aunt in Senegal. Y. never perceived any remuneration for her work. The defendants did not make the necessary declarations to social security. Y. slept and ate at the defendants residence. With the support of a compatriot, Y. addressed and received support from the Committee against Modern Slavery. Taking advantage of A.’s absence during one of her trips to Senegal, Y. escaped from the residence of the defendants. She presented a complaint to police in August 2009.

In October 2009, the Committee against Modern Slavery informed the police that another woman (X.) lived in the residence of A. and Z. in similar conditions as those undergone by Y.

 

X. and Y. constituted themselves civil parties in the proceedings against the defendants. They requested compensation for the damages and grievances suffered.

 

In ascertaining the facts, authorities relied inter alia on searches and seizures and testimonial evidence.

 

 

The Court of Appeal of Cayennes (France)convicted the defendants for “aggravated assistance to the irregular entry, transit or stay of a foreigner in France” as well as concealed work and employing workers without a work permit. It thus convicted the defendants to the payment of 3000 Euro in compensation to X. and 9000 Euro in compensation to Y. The civil parties appealed the legal qualification of the facts and the amount of compensation.  On appeal, the Court of Cassation confirmed the decision.

For further details see “Commentary”.