in the country.95 Another means to maintain control over a trafficked person is to threaten to disclose to the family what type of work the victim is doing or to subject him/her to a voodoo ceremony.96 Voodoo is mentioned as a form of control especially with regard to cases of trafficking in human beings from Nigeria to Europe. Before leaving Nigeria, women have to swear an oath of never revealing the network (of trafficking) and paying huge sums for the travel to Europe. In case they flee or reveal the network, the women are threatened of being harmed or killed by the voodoo oath. 97 3.5 Difference between Torture and other Forms of Ill-treatment in the Context of Human Trafficking Trafficking in human beings can fall under the definition of torture. Nevertheless, all human trafficking cases have their individual characteristics, each case is different and therefore needs to be assessed individually. Consequently, it can happen for instance that in certain cases the total control of the perpetrator over the victim cannot be sufficiently proven. However, such cases can still fulfil the criteria of other forms of cruel, inhuman, or degrading treatment or punishment (CIDT). Due to the individual character of each human trafficking case, the Committee against Torture also changes its assessment of whether trafficking in human beings amounts to torture or to other forms of ill-treatment. In its concluding observations regarding Honduras, the Committee sees trafficking in human beings as another form of ill-treatment 98, whereas concerning Syria and Jordan, the Committee speaks about torture.99 Unprotected Work, Invisible Exploitation: Trafficking for the Purpose of Domestic Servitude, Trafficking in Human Beings – Supplementary Figures, Fourth Report of the Dutch National Rapporteur on Trafficking in Human Beings Female Trafficking from Nigeria to Europe Consideration of Reports Submitted by States Parties under Article 19 of the Convention: Concluding observations of the Committee against Torture – Honduras Consideration of Reports Submitted by States Parties under Article 19 of the Convention: Concluding observations of the Committee against Torture – Syrian Arab Republic Consideration of Reports Submitted by States Parties under Article 19 of the Convention: Concluding observations of the Committee against Torture – Jordan Gender and Torture – Conference Report 26 In general, to differentiate between torture and other forms of ill-treatment, three indicators are used: the powerlessness of the victim, the specific purpose and the intent of the perpetrator. In contrast to torture, acts of other forms of ill-treatment do not require a specific purpose and can also be committed through negligence. In assessing trafficking in human beings as CIDT no specific purpose such as discrimination or coercion needs to be given. Therefore, if it is difficult to establish that the act of trafficking in human beings contains elements of punishment or coercion, this act may at least amount to CIDT. Also acts of CIDT can be conducted by acquiescence. Consequently, a person exploiting another private person can also lead to CIDT by acquiescence of State organs. Powerlessness of the trafficked person Traditionally, an act of torture can only take place in detention or in a similar situation of powerlessness of the victim and control by the perpetrator. If a person could actually still flee, then the required level of powerlessness might not be given.100 Proving the powerlessness of victims can be crucial and challenging in cases of trafficking in human beings. This issue is especially raised in prosecution in cases of domestic servitude. Sometimes front doors are not locked and trafficked victims can go outside alone. In many cases, it is challenging to prove that escape is impossible for a trafficked person, although a door is not locked.101 It has been shown that the level of psychological control held by the traffickers over their victims is so high that most of the victims are not able to react to escape opportunities.102 In case the powerlessness cannot be proved, trafficking in human beings can at least amount to CIDT. 3.6 Conclusion In conclusion, it can be said that cases of trafficking in human beings may amount to torture. This is the case if the trafficker inflicts severe pain or suffering on a powerless victim under his/her control for the purpose of intimidation, punishment or discrimination, and when the State is not taking necessary measures under the concept of due diligence to protect the victim against this treatment. State responsibility for acts of torture committed by private persons can be established and acts of trafficking in human The United Nations Convention against Torture: A Commentary Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, ,