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Trafficking in Human Beings Amounting to Torture and Other

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Trafficking in Human Beings Amounting to Torture and Other Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment OCCASIONAL PAPER SERIES NO. 5 Part I: Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment – Legal Analysis Ludwig Boltzmann Institute of Human Rights Part II: Clinical Links Between Human Trafficking and Torture Helen Bamber Foundation Organization for Security and Co-operation in Europe ISBN: 978-92-9234-439-9 Published by the OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Wallnerstr. 6, 1010 Vienna, Austria Tel: + 43 1 514 36 62 56 Fax + 43 1 514 36 62 99 email: [email protected] © 2013 OSCE/ Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Copyright: “All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings as the source.” Design: Ulf Harr Cover Photo: s.t.esha – Copyright Helen Bamber Foundation Cite as: OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings in part- nership with the Ludwig Boltzmann Institute of Human Rights and the Helen Bamber Foundation, Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment, Occasional Paper Series no. 5 (June 2013). The Organization for Security and Co-operation in Europe (OSCE) is a pan-European security body whose 57 participating States span the geographical area from Vancouver to Vladivostok. Recognized as a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is a primary instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its area. Its approach to security is unique in being both comprehensive and co-operative: comprehensive in that it deals with three dimensions of security - the human, the politico-military and the economic/environmental. It therefore addresses a wide range of security-related concerns, including human rights, arms control, confidence- and security-building measures, national minorities, democratization, policing strategies, counter-terrorism and economic and environmental activities. PARTICIPATING STATES: Albania | Andorra | Armenia | Austria | Azerbaijan | Belarus | Belgium | Bosnia and Herzegovina Bulgaria | Canada | Croatia | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Georgia | Germany Greece Holy See | Hungary | Iceland | Ireland | Italy | Kazakhstan | Kyrgyzstan | Latvia | Liechtenstein | Lithuania Luxembourg the former Yugoslav Republic of Macedonia | Malta | Moldova | Monaco | Mongolia | Montenegro Netherlands Norway Poland | Portugal | Romania | Russian Federation | San Marino | Serbia | Slovakia | Slovenia Spain | Sweden Switzerland Tajikistan | Turkey | Turkmenistan | Ukraine | United Kingdom | United States of America Uzbekistan ASIAN PARTNERS FOR CO-OPERATION: Afghanistan | Australia | Japan | Republic of Korea | Thailand MEDITERRANEAN PARTNERS FOR CO-OPERATION: Algeria | Egypt | Israel | Jordan | Morocco | Tunisia Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment Part I: Trafficking in Human Beings Amounting to Torture and other Forms of Ill-treatment – Legal Analysis Ludwig Boltzmann Institute of Human Rights Part II: Clinical Links Between Human Trafficking and Torture Helen Bamber Foundation Organization for Security and Co-operation in Europe Table of Contents Foreword and Acknowledgements 5 6 Understanding the Significance of “Complex Trauma” for Victims of Human Trafficking 84 General Introduction 7 Part Two – Here, and Now: Sustaining Victims Part I: Trafficking in Human Beings of Human Trafficking from Referral to Recovery 89 Amounting to Torture and other Forms of Ill-treatment – Legal Analysis 9 7 Applying therapeutic principles to contact work Acronyms 12 with clients 89 1 Introduction 13 8 The Foundations of Therapy 2 The Prohibition of Torture and other for Victims of Human Trafficking 99 Forms of Ill-treatment and of Trafficking 9 Therapeutic Work which Addresses in Human Beings 14 the Trafficking Experience 102 3 Can Trafficking in Human Beings amount 10 Understanding the Process of to Torture or other Forms of Ill-treatment? – Recovery for Victims of Human Applying the International Definition of Trafficking 111 Torture and other Forms of Ill-treatment 11 Conclusions and to Trafficking in Human Beings 20 Recommendations 114 4 Legal Implications in case Trafficking in Human Beings amounts to Torture ANNEX 1 or other Forms of Ill-treatment 28 The Helen Bamber Foundation Initial 5 Conclusions and Recommendations 39 Assessment Form 118 ANNEX Main References 41 ANNEX 2 Main References 121 Part II: Clinical Links Between Human Trafficking and Torture 45 Acronyms 48 1 Introduction 49 Part One – Clinical Links Between Human Trafficking and Torture 53 2 Forms Of Interpersonal Violence Suffered By Victims Of Human Trafficking 53 3 Clinical Assessment of Physical and Psychological Injuries in Human Trafficking Cases 57 4 Understanding the Psychological Impact of Trafficking Upon Victims’ Ability to Provide an Account of Their Experiences 66 5 Psychological Trauma Symptoms 74 OSCE/Alberto Andreani OSCE/Blanca Tapia OSCE/Mikhail Evstafiev Foreword and Acknowledgements As the OSCE Special Representative for Combating Traf- victims with additional protection such as reparation which ficking in Human Beings (THB), I see it as my responsibil- includes not only compensation but also rehabilitation and ity to ensure that THB is understood in all its complexity, satisfaction. and to deepen this understanding by demonstrating how it is connected to other human rights violations, including "is fifth paper in the Occasional Paper Series published torture and other forms of ill-treatment. In particular, it is by my Office is a very special occasional paper. It is the first my duty to denounce and condemn the practice of torture of a kind, and I hope not the last one, developed and is- as a method used by traffickers to subjugate, control and sued in partnership with other institutions. I am very proud exploit victims of trafficking in all its forms. that with the Ludwig Boltzmann Institute of Human Rights (BIM), and the Helen Bamber Foundation we were able to Most cases presented in this paper are cases of sexual and partner with two institutions of long-standing expertise labour exploitation including domestic servitude, and show and excellence on such an important topic: Trafficking in the common patterns of interpersonal violence amounting Human Beings Amounting to Torture and other Forms of to torture. "e victim is detained or kept under the factual Ill-treatment. power or control of the torturer; the latter uses this unequal power relation in order to achieve a certain purpose, be it I am convinced that the findings of this Occasional Paper obtaining a confession or keeping a person in exploitation. will provide important guidance to state actors, civil soci- It is important to underline, however, that having control ety and the international community, to contribute to the over a person does not necessarily mean that this person is improvement of relevant policy and practice, and critical- locked up. For example, repetitive abuse gives the perpetra- ly to afford justice to victims of human trafficking. I look tor regular control and makes the victim feel helpless. forward to continuing to work closely with governments, parliaments, law enforcement, the judiciary, the medical "is research shows indeed very well the extent to which profession, civil society, academics, and international orga- trafficking in human beings is associated with violence and nizations to prevent and combat THB through an approach human suffering, such that we can compare it and even rooted in the rule of law and human rights. consider it to be a form of torture. "is association clearly indicates that THB is not only a violation of human rights, Professor Dr. Manfred Nowak, the former UN Special Rap- is not only a crime, it is also something whose existence is porteur on torture and other forms of cruel, inhuman, de- unbearable, against which it is necessary to mobilize moral grading treatment or punishment, now the Scientific Direc- resources, as in the case of historical slavery. It also suggests, tor of the Ludwig Boltzmann Institute; and Julia Planitzer, in my view, new criteria to enhance political will against legal researcher at the BIM, authored the legal analysis, both trafficking and torture, and new means to provide which forms part one of this paper. 5 "e Helen Bamber Foundation was responsible for part two this paper is a good result. Particular gratitude and recog- of this paper, “Clinical Links Between Human Trafficking nition must go to my Adviser Georgina Vaz Cabral, who and Torture”, which was written by Rachel Witkin on be- tirelessly led this project from its inception, through the half of the Helen Bamber Foundation, with the following entire process of drafting and editing to the printing house contributors: Helen Bamber, Tarnjit Birdi, Kathy Donald- in close co-operation with the two partner institutions and son, Mark Fish, Julie Goldstein, Naomi Hartree,
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