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,
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