判例法数据库

贩运人口

Mother Doe I v. Sheikh Hamdan Bin Rashid al Maktoum

事实梗概

The plaintiffs were former child camel jockeys and their parents. Plaintiffs sued the defendants under the Alien Tort Statute (28 USC 1350), claiming that the defendants had engaged in and conspired to engage in slave trade and in forced child labour in violation of the law of nations. Plaintiffs also brought state law claims of battery, assault, intentional and/or negligent infliction of emotional distress, wrongful death, and survival claims against the defendants. The suit was brought in the United States District Court for the Eastern District of Kentucky.

This class action arose from the trafficking of young boys from Africa and South Asia, aged 2-12 (approximately), to work in the camel racing industry in the United Arab Emirates and other Arab states. According to the complaint, young boys were abducted and/or sold and enslaved in camel training camps to work as trainers and jockeys under the supervision of overseers. The children were reportedly starved, beaten, sexually abused and forced to work under harsh and oppressive conditions. When the children reached their teen years, and became too big to ride as jockeys, they were abandoned (e.g. sent back to their homeland) without any education, resources or assistance.

Ultimately, the federal District Court for the Eastern District of Kentucky dismissed this case for lack of personal jurisdiction over the named defendant.

作者:
Human Trafficking Database of the University of Michigan Law School

关键词

《人口贩运议定书》:
《人口贩运议定书》第三条
《人口贩运议定书》第五条
法令:
招募
运输
转移
包庇
接收
途径:
恐吓、暴力及其他形式的胁迫
绑架、诱拐
欺骗
滥用职权或脆弱境况
剥削目的:
强迫劳动或服务
贩运形式:
跨国
剥削发生的部门:
其他行业

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
民事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 

1st Instance: 

Court: U.S. District Court of Eastern District of Kentucky
Location: Kentucky
Date of decision:  November 18, 2008
Reference: Mother Doe I v. Al Maktoum, 2008 WL 4965169 (2008) 

Other clarifying information: This case was first brought in the Southern District of Florida, but dismissed for lack of personal jurisdiction over the defendants.  See Mother Doe I v. Al Maktoum, 632 F.Supp.2d 1130 (Fl. Dist. Ct. 2007)

 
 

受害人/初审原告

原告:
Mother Doe I
性别:

Suing on behalf of a class of young boys.

受害人:
Anonymous individuals
性别:
儿童

The defendants were accused of trafficking over 10,000 children, between 2 and 12 years of age, for their exploitation as camel jockeys.

被告/ 初审被申请人

其他被告人的数目:
500
被告:
Sheikh Hamdan Bin Rashid Al Maktoum
性别:
国籍:
法律推理:

The District Court dismissed all claims against the defendant for lack of personal jurisdiction.  Neither the federal nor the state law provided sufficient basis for the plaintiffs to sue the defendants in Kentucky. 

被告:
Sheikh Mohammad bin Rashed al-Maktoum
性别:
国籍:

指控/索赔/裁决

被告:
Sheikh Hamdan Bin Rashid Al Maktoum
指控详情:
Engaging in Slavery/Slave Trade in Violation of the Law of Nations
指控详情:
Conspiracy to Engage in, Aiding and Abetting, Intentionally Facilitating and/or Recklessly Disregarding Slavery/Slave Trade in Violation of the Law of Nations
指控详情:
Primarily Engaging in, or Aiding and Abetting, Intentionally Facilitating and/or Recklessly Disregarding Forced Child Labour in Violation of the Law of Nations
指控详情:
Battery, Assault, Intentional Infliction of Emotional Distress
被告:
Sheikh Mohammad bin Rashed al-Maktoum
指控详情:
Engaging in Slavery/Slave Trade in Violation of the Law of Nations
指控详情:
Conspiracy to Engage in, Aiding and Abetting, Intentionally Facilitating and/or Recklessly Disregarding Slavery/Slave Trade in Violation of the Law of Nations
指控详情:
Primarily Engaging in, or Aiding and Abetting, Intentionally Facilitating and/or Recklessly Disregarding Forced Child Labor in Violation of the Law of Nations
指控详情:
Battery, Assault, Intentional Infliction of Emotional Distress

法院

United States District Court for the Eastern District of Kentucky

来源/引文

http://www.law.umich.edu/CLINICAL/HUTRAFFICCASES/Pages/CaseDisp.aspx?caseID=453

附件