OSCE/Mikhail Evstafiev
OSCE/Blanca Tapia
OSCE/Alberto Andreani
Foreword and Acknowledgements
As the OSCE Special Representative for Combating Trafficking in Human Beings (THB), I see it as my responsibility to ensure that THB is understood in all its complexity,
and to deepen this understanding by demonstrating how
it is connected to other human rights violations, including
torture and other forms of ill-treatment. In particular, it is
my duty to denounce and condemn the practice of torture
as a method used by traffickers to subjugate, control and
exploit victims of trafficking in all its forms.
Most cases presented in this paper are cases of sexual and
labour exploitation including domestic servitude, and show
the common patterns of interpersonal violence amounting
to torture. The victim is detained or kept under the factual
power or control of the torturer; the latter uses this unequal
power relation in order to achieve a certain purpose, be it
obtaining a confession or keeping a person in exploitation.
It is important to underline, however, that having control
over a person does not necessarily mean that this person is
locked up. For example, repetitive abuse gives the perpetrator regular control and makes the victim feel helpless.
This research shows indeed very well the extent to which
trafficking in human beings is associated with violence and
human suffering, such that we can compare it and even
consider it to be a form of torture. This association clearly
indicates that THB is not only a violation of human rights,
is not only a crime, it is also something whose existence is
unbearable, against which it is necessary to mobilize moral
resources, as in the case of historical slavery. It also suggests,
in my view, new criteria to enhance political will against
both trafficking and torture, and new means to provide
victims with additional protection such as reparation which
includes not only compensation but also rehabilitation and
satisfaction.
This fifth paper in the Occasional Paper Series published
by my Office is a very special occasional paper. It is the first
of a kind, and I hope not the last one, developed and issued in partnership with other institutions. I am very proud
that with the Ludwig Boltzmann Institute of Human Rights
(BIM), and the Helen Bamber Foundation we were able to
partner with two institutions of long-standing expertise
and excellence on such an important topic: Trafficking in
Human Beings Amounting to Torture and other Forms of
Ill-treatment.
I am convinced that the findings of this Occasional Paper
will provide important guidance to state actors, civil society and the international community, to contribute to the
improvement of relevant policy and practice, and critically to afford justice to victims of human trafficking. I look
forward to continuing to work closely with governments,
parliaments, law enforcement, the judiciary, the medical
profession, civil society, academics, and international organizations to prevent and combat THB through an approach
rooted in the rule of law and human rights.
Professor Dr. Manfred Nowak, the former UN Special Rapporteur on torture and other forms of cruel, inhuman, degrading treatment or punishment, now the Scientific Director of the Ludwig Boltzmann Institute; and Julia Planitzer,
legal researcher at the BIM, authored the legal analysis,
which forms part one of this paper.
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