OSCE/Susanna Lööf Helen Bamber Foundation General Introduction In the 2008 Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights, OSCE participating States stressed that “everyone has the right to life, liberty and security of person: no one shall be held in slavery, and no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment”. It is not a coincidence that freedom from slavery and freedom from torture are mentioned together, in one sentence. Both human trafficking and torture and cruel, inhuman or degrading treatment are a serious violation to a person’s right to life, liberty and security and of their human dignity and integrity. perspective. Importantly, the Paper provides the conceptual framework to understand what trafficking cases entail in terms of the physical and psychological effects on trafficked persons, and the legal and clinical implications that flow from this characterization, including in terms of legal entitlements. The Paper builds on the important work of the former UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Professor Dr. Manfred Nowak and the strong and long-standing clinical and policy experience of the British NGO, the Helen Bamber Foundation. Importantly, the Paper took into consideration The linkage between trafficking in human beings and tor- the work done by OSCE institutions in these areas, in parture and ill-treatment is often overlooked. In a 2008 Report, ticular ODIHR. Therefore, this publication could contribute the former UN Special Rapporteur on torture and other to inform the approach to both torture and trafficking in cruel, inhuman or degrading treatment or punishment human beings. acknowledged for the first time that in certain cases, and under certain conditions, trafficking can amount to torture Part 1 of the Paper authored by the Ludwig Boltzmann and ill-treatment. The Committee against Torture has also Institute of Human Rights outlines and compares the existrecognized that human trafficking and torture are closely ing legal frameworks on human rights, human trafficking intertwined and has repeatedly commented on the need for as well as on torture and other forms of ill-treatment. This appropriate legislation and other measures acknowledging legal analysis aims to contribute to enhancing the existing this fact. international and national standards of prosecution of human trafficking as well as victims’ rights and protection. It In this context, this Fifth Occasional Paper (Paper) address- should be noted that the analysis takes into account stanes and denounces the use of torture and other forms dards and developments up to May 2012. Part 2 of the Paper of ill-treatment by traffickers as a means to subjugate, examines the clinical links between human trafficking and control and punish trafficked people. It analyses under torture, both in terms of the nature (physical and psychowhich circumstances trafficking can amount to torture or logical) of the injuries from torture and ill-treatment, the other forms of ill-treatment and it identifies the connec- impact of trafficking on victims and what this implies for eftion between both human rights violations from a clinical fective assistance and sustained recovery. In addition, both 7