Table of Contents Acronyms 12 1 Introduction 13 2 The Prohibition of Torture and other Forms of Ill-treatment and of Trafficking in Human Beings 14 2.1 Torture and other Forms of Ill-treatment 2.1.1 What are Torture and other Forms of Ill-treatment? 2.1.2 Broad Approach to the Prohibition of Torture and other Forms of Ill-treatment 2.2 Trafficking in Human Beings 2.2.1 Existing Legal Framework to Combat Trafficking in Human Beings 2.2.2 Elements of the Definition of Trafficking in Human Beings 3 3.1 3.2 3.3 3.4 3.5 3.6 4 Can Trafficking in Human Beings Amount to Torture or other Forms of Ill-treatment? – Applying the International Definition of Torture and other Forms of Ill-treatment to Trafficking in Human Beings Involvement of a Public Official Torture Requires Infliction of Severe Pain or Suffering The Torturer Has to Act Intentionally for Achieving a Specific Purpose Powerlessness and the Control over Trafficked Persons Difference between Torture and other Forms of Ill-treatment in the Context of Human Trafficking Conclusion 14 14 15 16 4.1.2 The Principle of in the Refugee Context Applicable to Victims of Trafficking in Human Beings 4.1.3 The Protection of for Trafficked Persons within the Convention Against Torture 4.1.4 The Protection of for Trafficked Persons at the European Level 4.1.5 Dangers from Non-State Actors 4.1.6 Recognition of Cases of Trafficking in Human Beings as Cases of Torture or other Forms of Ill-treatment 4.1.7 The Return of Victims of Trafficking in Human Beings and Risk Assessment 4.2 Standards of Adequate Reparation 29 30 30 31 32 33 35 16 5 18 Conclusions and Recommendations 39 ANNEX Main References 41 20 20 22 23 25 26 26 Legal Implications in case Trafficking in Human Beings Amounts to Torture or other Forms of Ill-treatment 28 4.1 The Principle of Non-refoulement 4.1.1 The Principle of in General 28 28 11