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Colombian man charged in Adelaide with debt bondage and servitude offences

Editor’s note: Arrest vision, images and audio grabs are available via Hightail

A Colombian national residing in South Australia is expected to appear in the Adelaide Magistrates Court today (15 November, 2024) after being charged with debt bondage and servitude offences.

The AFP began an investigation into the man, 38, in early 2024, after receiving information that he allegedly subjected a small group of people from Venezuela to ongoing cruel, inhumane and degrading treatment

It will be alleged the man, living in the Adelaide suburb of Kilburn, helped members of a youth group he formerly led in Venezuela to migrate to Australia in 2015. An additional member of the group moved to Australia the following year.

Police will allege upon the members’ arrival in Australia, the man took control over their passports and subjected them to persistent and severe control, abuse and servitude.

The man allegedly maintained daily control of the victims by tracking their movements, restricting daily activity, scheduling compulsory daily chores, controlling earnings and forcing victims to pay off debts that were unreasonably enforced.

Police will also allege the man isolated the victims from family and friends, restricting or overseeing communications and private messages to their loved ones. He allegedly locked them out of the group home or inside cupboards for multiple days on a number of occasions.

AFP investigators executed a search warrant at the man’s Kilburn home yesterday (14 November, 2024) where they arrested him and seized electronic devices and documentation.

AFP Detective Superintendent Melinda Adam said the priority of human trafficking investigations  was the welfare of the victims, but police would not hesitate to lay charges if there was evidence.

“Servitude practices, including debt bondage, occur when people are subjected to conditions to which they had not agreed,” Detective Superintendent Adam said.

“Victims are significantly deprived of personal freedom in all aspects of their life, and threats, coercion or deception are often used against them.

“Offenders usually benefit or profit off vulnerable people who cannot, or will not, report exploitative conditions out of fear of retribution by perpetrators, social isolation and financial dependence on offenders.

“The AFP urges people to be aware of the indicators of slavery-like practices and report anything that may seem suspicious.”

The man was arrested and charged yesterday (14 November, 2024) with:

  • Once count of causing debt bondage (aggravated), cruel, inhuman or degrading treatment, contrary to section 270.7C of the Criminal Code 1995 (Cth). The maximum penalty for this offence is seven years’ imprisonment; and
  • One count of causing a person to enter into or remain in servitude (aggravated), cruel, inhuman or degrading treatment, contrary to subsection 270.5(1) of the Criminal Code 1995 (Cth). The maximum penalty for this offence is 20 years’ imprisonment.

If you suspect that you or another person is being exploited or is at risk of being exploited, help is available. Call 131 AFP (237) or report via the AFP website.

If you have immediate concerns for your safety, the safety of another person, or there is an emergency, dial Triple Zero (000).

If you or someone you know is exploited at work in Australia, visit the Work Right Hub for more information and support.

The Support for Trafficked People Program is a key component of Australia's response to support victims of human trafficking, slavery and slavery-like practices, and is delivered nationally by the Australian Red Cross. For information and confidential advice please contact the Australian Red Cross on 1800 113 015 or visit the Red Cross website.

As part of the AFP's commitment to combatting human trafficking and slavery offences in Australia, the AFP is using technology as a tool to counter these crimes and has developed a training and awareness program, entitled "Look-a-Little-Deeper" to help state and territory police and other Commonwealth agencies recognise signs of human trafficking and slavery-type offences in the community.

The below can be indicators of human trafficking, slavery and slavery-like practices, which are comprehensively criminalised under Divisions 270 and 271 of the Criminal Code 1995 (Cth):

  • Employer or manager being unable to show records of wages paid to workers.
  • No access to earnings or savings.
  • Workers live in places unsuitable for living, such as in agricultural or industrial buildings or in overcrowded or unsafe accommodation.
  • No labour contract.
  • Forced to work excessively long hours.
  • No choice of accommodation.
  • Never leave work premises without being escorted by their employer.
  • Unable to move freely.
  • Disciplined through fines.
  • Subjected to insults, abuse, threats or violence.
  • Employer doesn't provide basic training.
  • Information is provided in languages other than the local language around the workplace.
  • No health and safety notices.
  • Employer or manager being unable to show the documents required for employing workers from other countries.
  • Health and safety equipment being of poor quality or missing.
  • Work equipment being designed or modified so that it can be operated by children.
  • Evidence that labour laws are being breached.
  • Evidence that workers must pay for tools or that costs for food or accommodation are being unlawfully deducted from their wages.
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