A/HRC/37/50 close links of organ trafficking networks with the police or organized crime are reported to prevail.53 34. All variations of human trafficking involve the intentional infliction of severe mental or physical pain or suffering. While the primary purpose of trafficking is exploitation, the infliction of pain and suffering is always instrumentalised for intermediate purposes such as coercion, intimidation, punishment and discrimination, all of which are defining elements of torture. Should one of these elements be missing, human trafficking generally will meet the threshold of other cruel, inhuman or degrading treatment or punishment. Thus, where human trafficking is carried out by or at the instigation or with the consent or acquiescence of State officials, it will breach the absolute and non-derogable prohibition of torture and illtreatment.54 In practice, perpetrators of torture and ill-treatment against migrants include not only smugglers and traffickers, but also border guards, militias and police and, in various contexts, there is evidence of corruption and collusion between State officials and traffickers.55 3. Relation to State policies of deterrence and criminalization 35. The business models of trafficking and abusive smuggling networks have entailed a significant increase in violence and ill-treatment suffered by migrants not willing or able to pay exorbitant smuggling fees, as well as by those falling victim to trafficking for the most cruel, inhuman and degrading purposes the human mind can conceive. 36. It cannot be stressed enough that the unrestrained growth of the migrant smuggling and trafficking business in many parts of the world has been made possible primarily by the increasingly restrictive, punitive and deterrence-based migration laws, policies and practices adopted by States, which have deprived millions of migrants of safe and regular migration pathways and pushed them into illegality, thus effectively preventing them from reporting even the gravest abuse to law enforcement authorities and from seeking their protection. 37. In order to put an end to the horrendous suffering caused by migrant trafficking and abusive smuggling, therefore, it is not enough for States to continue to fight corruption and crime, which may be a symptom of the underlying problem, but is not its root cause. In the view of the Special Rapporteur, the only way of dissolving the business models of migrant trafficking and abusive smuggling for good is to provide migrants with safe and regular migration pathways, and to ensure the effective protection of their human rights not only in theory, but also in practice. E. Non-Refoulement 38. In both customary and treaty law, the prohibition of torture and ill-treatment is further concretized by the principle of non-refoulement, which prohibits States from "deporting"56 any person to another State's jurisdiction or any other territory where there are substantial grounds for believing that he or she would be in danger of being subjected to torture or ill- 53 54 55 56 UNODC, AssessmentToolkit:Trafficking_in_Persons_for_the_Purpose_of_Organ_Removal(2015), pp.30-37; EUP, Directorate-General_for_External_Policies: Trafficking_in_Human_Organs(2015), pp.21, 36-40, 43, 63-64. OSCE, Trafficking_in_Human_Beings_Amounting_to_Torture_and_other_Forms_of_Illtreatment(2013), pp.20-27; A/HRC/7/3(15.01.2008), §§56-58. UNICEF, Child_Trafficking_in_Europe:_A_Broad_Vision_to_Put_Children_First(2008), p.38; UNICEF, Harrowing_Journeys:_Children_and_youth_on_the_move_across_the_Mediterranean_Sea,_at_risk_o f_trafficking-and-exploitation(2017), pp.20, 24; OSCE, Trafficking_in_Human_Beings_Amounting_to_Torture_and _other_Forms_of_Ill-treatment(2013), p.20. The term "deportation" is here used for any removal of persons from the jurisdiction of a State without their genuine, fully informed and valid consent, including expulsions, extraditions, forcible returns, forcible transfers, renditions, rejections at the frontier, pushbacks and any other similar acts. Similar: CAT, GC_No.4_(2017)_Art.3, §4. 11