3 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 After having explained in short the definition of torture and other forms of ill-treatment as well as of trafficking in human beings, this chapter will discuss whether the act of trafficking in human beings committed by non-State actors can amount to torture or CIDT. For this reason, the definitions of torture and other forms of ill-treatment are analysed and applied to the definition of trafficking in human beings. The analysis aims at clarifying whether cases of trafficking in human beings also fulfil the criteria of the definition of torture and other forms of ill-treatment and uses case studies of trafficking in human beings. Trafficked persons can be subjected to acts similar to torture such as deprivation of sleep or nutrition as well as physical and sexual violence. Can a case of trafficking in human beings amount to torture or CIDT from a legal perspective? In the following section, the criteria of the definition of torture, involvement of a public official, infliction of severe pain and suffering, the intention and a specific purpose as well as the additional element of powerlessness of the person are applied to cases of trafficking in human beings. 3.1 Involvement of a Public Official Article 1 UNCAT follows the traditional view that States can only be held accountable for human rights violations committed by State officials. Acts of individuals, including criminal groups, therefore, do not fall under the definition of torture per se. Trafficking in human beings is mostly committed by private persons; nevertheless trafficking in human beings can also be committed by public officials when acting in their public capacity or facilitated by corrupt public officials. There is rather little knowledge about the influence of corruption in trafficking in human beings, but it is clear that there is a strong correlation between corruption and trafficking in human beings.54 Corrupt public officials may assist in organizing travel documents, in enabling irregular entry into Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime 20 or exit out of a country, but at the same time they can be involved in managing a network of trafficking.55 Case Study 2 Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime Trafficking in human beings committed by private persons The majority of cases of trafficking in human beings are perpetrated by private individuals, who may act on their own or in networks. Although trafficking networks might operate transnationally and in a highly structured manner, their acts would usually not fall under the definition of torture. Nevertheless, States can be held accountable for acts of torture even when committed by a private individual. The definition foresees that torture can also be inflicted by acquiescence of a State official. A typical example for torture by acquiescence would be the outsourcing of interrogation methods to private contractors even when the State officials know or should know that this contractor might use methods of torture. A wide range of actions committed by private persons are covered by acquiescence, if the State in some way or another permits such activities to continue.56 Individuals can commit torture The United Nations Convention against Torture: A Commentary Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, ,