The four members of the wealthy Hinduja family, one of the most powerful in India and the United Kingdom, were acquitted of human trafficking by a Swiss court on Friday June 21. On the other hand, they were sentenced to heavy prison sentences for exploiting their domestic workers.
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Four members of the Indian-British Hinduja family were sentenced this Friday by a Swiss court to heavy prison terms for exploiting their Indian domestic workers in the Geneva area.
“ I am in shock (…). I have the feeling that the behavior was judged on a moral level and not a legal one “, declared one of the lawyers, Me Robert Assaël. Lawyers for the family, at the head of a conglomerate present in 38 countries and employing some 200,000 people, announced in a press release that they were appealing the court decision: “ The family has full confidence in the legal process and remains convinced that the truth will prevail “.
Despite an amicable and secret agreement reached during the trial with the three employees who prosecuted them, the Geneva courts decided to prosecute the four members of this family, who have Swiss nationality. The father, Prakash Hinduja (78), and his wife Kamal (75) were sentenced to prison terms of four years and six months. Their son Ajay (56 years old) and their daughter-in-law Namrata (50 years old) were sentenced to prison terms of four years each. The judges also ordered the Hindujas to pay 850,000 Swiss francs (889,000 euros) to the canton of Geneva.
Detentions requested by the prosecutor
The president of the court did not mince her words regarding them: “ The motives of the defendants are selfish » and they were motivated « by the lure of gain “. She added that their collaboration during the trial had been “ bad “. The father and mother had been absent since the start of the trial for health reasons.
The sentences are similar to those requested by the first prosecutor Yves Bertossa, who called for the detention of the son and daughter-in-law, citing the risk of flight. The president of the court opposed this, emphasizing their ties to Switzerland. She also argued that the defense had explained that they had joined Kamal Hinduja, in “ intensive care », in a hospital in Monaco.
During the trial, two visions clashed head-on on the actions of this family, ranked the richest in the United Kingdom by the British daily. Sunday Times this year, thanks to its 37 billion pounds (48 billion euros). The magazine Forbes estimates their fortune at $20 billion.
An average salary of 340 euros
In his indictment, Yves Bertossa accused this family of having spent “ more for the dog than for domestic workers “. The latter slept in a room in the basement of the Hindujas’ villa. Their passports were confiscated and their salary, which averaged 325 Swiss francs (340 euros) per month, was far below what a domestic worker could hope to earn in Switzerland, detailed the president of the court. According to the court, their salary was 80% to 90% lower than it should have been, which explains in particular the conviction for “ wear “.
The court, however, ruled out human trafficking, arguing that certain staff members had returned to work in Geneva after returning to India. But ” the inexperience of the employees was exploited, they had little or no education, had no knowledge of their rights », noted the president of the court. “ The four Hinduja defendants knew the weak situation of their employees and were aware of the legislation in Switzerland “, she also reported, emphasizing that this “ aggravated » their fault.
We are not dealing with mistreated slaves
During the trial, the defense noted flaws in the prosecution, which notably overlooked payments in kind in addition to cash salaries. There were plane tickets paid, enough vegetarian food available, health products provided or medical expenses paid, according to her. Still according to the defense, the three complainants were not isolated and were able to leave the villa. “ No employee was deceived about salary », had also underlined Me Assaël. “ We are not dealing with mistreated slaves », added Me Nicolas Jeandin. The case, according to the defense, boils down to a matter of remuneration.