Hasna arrived in Jordan in mid-2015 through a recruitment agency, with a formal contract and a salary of $175. She worked for her employer for three and a half months before being sent back to the agency after requesting proper care and treatment for her illness.
At the agency, an employee violently kicked her, repeatedly saying, “Do you want to die?” while hurling insults at her. Despite her pleas to be left alone, he attempted to strangle her, unaware that another staff member was recording the assault.
That night, Hasna was forced to sleep at the agency. The next day, another employee interrogated her about leaving her previous job. When she explained that she was unwell and needed medical attention, he accused her of lying and beat her until she fell to the ground. He then wrapped her headscarf around her neck, trying to strangle her while shouting, “Die! Die!”
Hasna was later sent to a residence affiliated with the agency, where a supervisor of the same nationality as Hasna assaulted her for leaving her job. Accusing her of feigning illness, the supervisor locked her in a room for two days before sending her to a new employer, where she worked for two months. The incident of violence and threats, however, came to light when the video of her abuse went viral on social media.
Anti-Human Trafficking Unit
When the video reached the Anti-Human Trafficking Unit, Hasna was rescued. She recounted repeated instances of abuse, starting with a staff member slapping her on her face and back multiple times, pulling her by her shirt, and throwing her to the ground.
The unit obtained a search warrant from the public prosecutor, inspected the recruitment agency, and took statements during the investigation. The case was then referred to the competent public prosecutor for further proceedings.
Public Prosecutor
During the investigation, Hasna waived her personal rights, possibly due to issues with translation or misunderstanding the legal process. The North Amman Prosecutor charged the defendants with human trafficking under the Anti-Human Trafficking Law and referred the case to the North Amman Criminal Court. Additional charges included slander, defamation, insult, unlawful detention, and threats under the Penal Code.
Expert Report
The court appointed an expert to analyze the video evidence showing the assault on Hasna. The report confirmed that the defendant was seen slapping the worker multiple times, throwing her to the ground, and yelling, “Do you want to die?” He then kicked her several times, attempted to strangle her, and continued to strike her while dragging her by the shoulder and stepping on her body.
Hasna’s lawyer filed a civil claim seeking compensation for physical, emotional, and psychological damages, citing labor laws and the domestic workers' regulations. The video evidence corroborated the abuse, but the defendants pleaded not guilty to the charges.
Court Ruling
On January 27, 2019, three years after the incident, the court reclassified the charge from human trafficking under the Anti-Human Trafficking Law to misdemeanor assault under the Penal Code. Due to Hasna’s waiver of personal rights, the court dismissed the public prosecution case accordingly, ordering her to bear the costs of waiving her rights.
The court also declared the recruitment agency not responsible for the alleged crimes, stating that the actions did not constitute a punishable offense. Charges of slander and insult were also dismissed, citing Hasna’s waiver.
Additionally, the court ruled that the unlawful detention charge against one of the defendants did not constitute a criminal act under the law. Similarly, the threat charge was dismissed due to Hasna’s waiver of personal rights. Her civil claim for compensation was denied, and she was ordered to pay legal fees and expenses, with no attorney fees awarded to either party.
Appeal
Hasna’s legal representatives appealed the decision, arguing that the court erred in its conclusion. They claimed the evidence and testimonies sufficiently supported the charges against the defendants. However, on April 15, 2019, the Appeals Court dismissed the appeal under Article 267 of the Code of Criminal Procedure, upholding the original verdict and returning the case to the lower court.
Trial Duration
The trial spanned approximately three years, from March 24, 2016, to April 15, 2019. During this time, Hasna left Jordan after providing her testimony to the prosecutor, receiving no compensation for the physical, emotional, and psychological harm she endured.