Fair compensation for victims of human trafficking? A case study of the Dutch injured party claim
| Author | Edward Kleemans,Jeltsje Cusveller |
| Published date | 01 September 2018 |
| Date | 01 September 2018 |
| DOI | http://doi.org/10.1177/0269758018758427 |
| Subject Matter | Articles |
Article
Fair compensation for victims
of human trafficking? A case
study of the Dutch injured
party claim
Jeltsje Cusveller and Edward Kleemans
VU University Amsterdam, The Netherlands
Abstract
Any person who has been a victim of human trafficking has a right to compensation. Compen-
sation entails the reimbursement of material and immaterial damages a trafficked person has
suffered. In spite of the internationally recognized right to compensation, the number of traf-
ficked persons in Europe having actually received any reimbursement is very low. The present
study identifies obstacles to compensation by analysing the Dutch injured party claim. It uses 190
case files covering the period 2013–2014. The empirical results show several issues. Only an
estimated 4% of all registered victims claim compensation in the criminal court. A fifth of these
claims are inadmissible. Admissible claims are on average awarded only half of the claimed
amount. A major reason for this is how difficult it is to estimate damages accurately. This is, in
many cases, related to a lack of proof, caused by for example lack of records, insufficient financial
investigation, and incomplete testimonies, which result in only minimum amounts being awarded.
Additionally, judges are often inclined to dismiss the claim or award a minimum, even in those
cases where evidence is available. As a result, compensation is often not in line with damages that
have actually been suffered.
Keywords
Human trafficking, victims, compensation, victimology
Trafficking in human beings is a globally relevant issue affecting nearly every country in the
world. Regardless of country or means of exploitation, the main goal of human trafficking is the
same: financial profit. Human trafficking is considered an important source of income for orga-
nized crime groups, grossing estimated annual revenues of €114 billion worldwide, and €36 billion
Corresponding author:
Jeltsje J. Cusveller, Faculty of Law, VU University Amsterdam, De Boelelaan 1105, 1081 HV Amsterdam, The Netherlands.
Email: cusvellerjj@gmail.com
International Review of Victimology
2018, Vol. 24(3) 297–311
ªThe Author(s) 2018
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DOI: 10.1177/0269758018758427
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