A Vietnamese woman who claims to be a victim of human trafficking has spent 2½ years in prison here awaiting trial after being found in a cannabis growhouse.
She claims she had been locked inside the growhouse in a north Dublin industrial estate when gardai raided it in 2012.
She was later charged with unlawful possession of cannabis and having it for the purposes of sale or supply. She has been remanded in custody at the Dóchas Women’s Centre in Dublin since her arrest.
Gardaí have said there is insufficient evidence to conclude she is a trafficking victim.
In a High Court action she claimed the State’s refusal to grant her a declaration that she is the victim of human trafficking has breached her rights.
Protection
Ms Justice Iseult O’Malley ruled Ireland has failed to adequately comply with its obligations under EU law towards victims of human trafficking. An EU directive relating to victims of human trafficking has not been properly transposed into Irish law, she found.
The Irish Human Rights and Equality Commission welcomed the ruling. Chief commissioner Emily Logan said it made clear the State must not only take steps to eliminate human trafficking, but must also prioritise the identification and protection of victims.
Following the judgment, the woman’s solicitor, Gareth Noble, said he intends to ask the Director of Public Prosecutions not to proceed with the prosecution of his client who is due before Dublin Circuit Criminal Court next month. Among the factors he would be asking the DPP to consider is that the woman has now spent 2½ years in prison, he added.