Threats Circumstances which can contribute to convictions

detract from a conviction of traficking or allied crimes. See also section 3.3.6.7 on “Seem- ingly irrational beliefs” and section 3.3.6.7 on “Victim behaviourseemingly irrational beliefs”. The following are cases in which the victims, who were not native to the country where they were exploited, were threatened that if they left the premises, they would be killed, tortured or deported, though a belief in this threat seems irrational to anyone familiar with the law enforcement situation in the countries in question United States of America and Germany. In the irst case, Alzanki United States, 236 the defendants threatened the victim, who was from Sri Lanka, that the United States police would shoot her on sight if she left the house. Despite the “seeming” irrationality of the threat, the court viewed the witness as credible nonetheless, including her account of the threat. The defendant was found guilty of holding a household employee in involuntary servitude. In the second case, 215 3 St Js 72305 2007 Germany, 237 the Ethiopian victim, exploited as a cook of Ethiopian food in a German restaurant, was told that the German authorities were racists and would deport her or even torture, beat and kill her should she seek help. The court mentioned this as one method of control employed by the defendants. In this case the defendants were convicted of human traficking for labour exploitation. Threats which rely on a belief in witchcraft curses or spells can be seen in Afolabi United States, 238 Omoruyi Nigeria, 239 Okoya Nigeria, 240 and Harrison United Kingdom. 241 For fuller treatment of this issue, it is suggested to refer to section 3.3.6.7 on “Seemingly irrational beliefs” and section 2.6. on “Expert and professional testimony”. An interesting case from the Netherlands shows how fear of “juju” threats was tackled by law enforcement in a creative way: ECLI:NL:GHARN:2012:BV8582 Netherlands. 242 The Nigerian victims in this case lied or would not give a statement because they were afraid of the “juju” threats and did not trust the police they thought the police were corrupt because of their own cultural background. In order to counter this, the police made sure that the victims irst talked to a former victim of human traficking “hands-on” expert and a “juju priest”. He helped the victims to get rid of the curse. Only after this would the police question the victim—sometimes in the presence of the “hands-on” expert. On the other hand, in A.G.G.R. Israel, 243 the alleged victims’ belief in the defendant’s threat that he could cause them harm by dint of his supernatural powers, contributed to his exoneration from the crime of holding a person under conditions of slavery. This case concerned a charismatic person who represented himself as endowed with supernatural powers. He gathered around him a number of women and children and allegedly controlled many aspects of their lives by means of a written procedure which included prohibited and permitted acts during all hours of the day. Violation of the rules was attended with punishment. Examples of the rules controlling behaviour included a prohibition to make any purchase, 236 U.S. v. Alzanki, 54 F.3d 994 1st Cir. 1995, United States of America. 237 Case 215 3 St Js 72305 2007 in the District Court of Tiergarten, Berlin 20 February 2008, Germany. The case is available in the UNODC Human Traficking Case Law Database UNODC Case No. DEU005. 238 Previously cited. 239 Previously cited. For detailed facts, see the in-depth analysis in section 5.5 of the Case Digest. 240 Previously cited. 241 See Index of all cases. It should be noted that this case is an appeal regarding a sentence rather than an appeal regarding a conviction. 242 Supreme Court, 4 March 2014, ECLI:NL:HR:2014:477, Netherlands; See also Dutch National Rapporteur on Traficking in Human Beings 2009. Traficking in Human Beings—Seventh Report of the Dutch National Rapporteur. The Hague: Bureau NRM, p. 358-367, https:www.dutchrapporteur.nlPublicationsSeventhreportindex.aspx. 243 Criminal Case 23751-02-10, Tel Aviv, Jaffa District Court, State of Israel v. A.G.G.R., from September 2014, Israel. however minor, without his permission, allowing the women to work only in domestic work or as caregivers to the elderly, limiting their right to talk to one another or show marks of affection to one another, separating some of the women from their children, supervising their movements including by means of cameras installed in the residences, requiring them to report to him regarding every action taken by them, even during work days, limiting their use of internet, checking their cellular phones, requiring them to report to him violations of the prohibitions by other women. The court could not understand how Israeli citizens from normative “ordinary” backgrounds could believe the defendant’s representations about his powers and this contributed to his exoneration from the offence of holding a person under conditions of slavery, though he was convicted of a series of sexual offences. Threats Types of threats seen in traficking cases include, but are not limited to: • Death threats • Threats of force and physical violence towards the victim • Physical harm to the victim’s family • Threats of deportation and of arrest by immigration authorities • Financial harm to the victims or their families • Religious curses or spells Threats can be realistic or unrealistic, direct or indirect, of action to be taken by the perpetrator or others, subtle or overt. Threats can be directed against the victim or against his or her family or loved ones.

3.2.3 Deception

The Traficking in Persons Protocol deinition requires that the ACT element be accomplished through the use of speciied MEANS, and lists fraud and deception in this regard. Many national jurisdictions explicitly include this MEANS in their traficking legislation. However, even if they do not, it can serve as a circumstance to support the ACT 244 or PURPOSE OF EXPLOITATION. 245 Deception seems to be a prevalent MEANS in cases of traficking or allied crimes. It can relate to any number of facts, such as the nature of the offer, the conditions under which the victim will work, or the power which the traficker wields. It can be employed directly against the victim or indirectly towards his family members, particularly if he is a minor. Sometimes the family of the victim is complicit in the deception. In a sexual exploitation case, Lolita Pamintuan Republic of Palau, 246 Filipino nationals were deceived into coming to Palau to work as waitresses, whereas upon arrival they were forced into prostitution. The defendants appealed the decision of the irst instance court that 244 The ACT of abduction may be accomplished through deception. 245 See section 279.042b of the Canadian Criminal Code in which the deinition of “exploitation” allows the Court to consider various MEANS, including deception. 246 See Index of all cases. convicted them of numerous charges, including people traficking and exploiting a traficked person. The Supreme Court afirmed the convictions. Another case of deception is Sridevi et al India, 247 where a girl abused by her mother led her home and, after working as a domestic servant, was ired and picked up at a railway station by a defendant who deceived her by promising to provide her with a good job. However, instead she was transferred to a second defendant who engaged her in prostitution. The defendants were convicted of traficking for the purpose of exploitation of prostitution. In Sanchez Philippines, 248 the defendant, under the deceptive pretext of paying for the costs of education and school allowances, recruited minor boys aged 12 to 15. He then brought the victims to a hotel where they were required to work as prostitutes. The court convicted the defendant of traficking in persons and child prostitution. It should be noted, though, that the Traficking in Persons Protocol stipulates that no MEANS are needed to trafic children. In State v. Laojindamanee Fiji, 249 three Thai women who were recruited to allegedly provide massage services were required to prostitute themselves. The defendants were con- victed of aggravated traficking in persons. In Case No. 8959—2012 Egypt, 250 young girls were told they would be married to men from the Gulf States who would be able to afford them adequate inancial support by means of Orfy marriage contracts. 251 However, in reality they were required to provide sexual services in return for money without real marriage relations. Furthermore, one of the defendants was responsible for constructing an artiicial hymen for the victims so that they would appear to be virgins in order re-marry them to new clients and charge higher fees for sexual services. In addition, one of the defendants falsely represented himself as a lawyer and wrote the unoficial Orfy marriage contracts in order to support the deception. Some of the defendants were convicted of human traficking crimes and for running a prostitution network. Interestingly, some of the parents of the victims were indicted as complicit in the deception but were not convicted by the trial court. 252 However, on 14 November 2013, the Court of Cassation instructed that a retrial be held due to deiciencies in the reasoning of the trial court. 253 In K.P.405 Serbia, 254 the victims, two young Ukrainian women, were promised jobs in Germany. They initially did not believe the offer and asked whether prostitution was involved. However, the defendants assured them convincingly that the jobs only involved exotic dancing and childcare. In doing so, the defendants successfully deceived the victims and brought them 247 Previously cited. 248 Previously cited. 249 The State v. Phanat Laojindamanee and others, Criminal Case No. HAC323 of 2012, the High Court of Fiji at Suva, 13 December 2012, Fiji. The case is available in the UNODC Human Traficking Case Law Database UNODC Case No. FJI002. 250 Previously cited. For detailed facts, see the in-depth analysis in section 5.8 of the Case Digest. 251 See previous footnote in section 2.3 on “Testimonial evidence of persons other than victimspolice and law enforcement oficers as a source of testimonial evidence” for a deinition of Orfy marriage contracts. 252 This was one of the grounds of the court of cassation for overturning the verdict, as it noted an inconsist- ency between the conviction of other perpetrators and the non-conviction of the parents. 253 For full legal reasoning of the court of cassation, see the in-depth analysis of this case in section 5.8 of the Case Digest. 254 See Index of all cases. to Serbia. The defendants then planned to take the victims to Italy and sell them for sexual exploitation. The victims were rescued in Serbia before the exploitation took place. The defendants were convicted of traficking in human beings. In Grigore Germany, 255 the victim did not initially believe the offer of a defendant, who was her cousin, to come to Berlin to care for the elderly because she had been traficked for sexual exploitation by means of deception on a previous occasion. It was only after the victim’s uncle reassured her that she agreed. The defendants then exploited her sexually. Two defendants were convicted of traficking by means of deception. This case is of particular importance in view of the victim’s family members’ complicity in the deception and in that there was a convic- tion even though the victim had reason to suspect the veracity of the offer. 256 In Desabato y Vargas Leulan Argentina, 257 the victims were deceived, not about the nature of the work as a prostitute, but rather about the conditions of work in the brothel and the defendant’s excessive deductions from the victims’ wages for the recruitment, food and medical tests. The defendants were convicted of human traficking for the purpose of sexual exploitation, where the victims were over 18 years old. Deception about the conditions rather than the nature of the work also appears in Dobie Australia. 258 Here, two Thai women were lured to Australia. While they were aware that they would be working as prostitutes, the victims were told that they could work whenever they wanted to and that they could take days off each week. These promises were never kept. In addition, contrary to the original promise of generous working conditions, the women received very little compensation for their work. The court noted that the defendant had no intention of keeping his promises and found the defendant guilty of traficking in persons and other charges. In Udeozor United States, 259 the defendant travelled to Nigeria and falsely promised the 14-year-old victim’s family that she would be adopted and provided with a better education in the United States. Once in the United States, she was required to care for his children and household but received no compensation and was not allowed to attend school. The defendants were found guilty of conspiracy to hold another in a condition of involuntary servitude, involuntary servitude and harbouring an alien for the purpose of commercial advan- tage or private inancial gain. In Connors United Kingdom, 260 the victims, many of whom were homeless and addicted to alcohol, were promised paid work, food and a home. Instead, they were forced to labour for little to no pay and to live in horrible conditions. The defendants were convicted of holding another person in slavery or servitude or requiring them to perform forced or com- pulsory labour. 255 See Index of all cases. For detailed facts, see the in-depth analysis in section 5.10 of the Case Digest. 256 See sections 3.2.5.11 on “Emotional vulnerabilityfamily members complicit in traficking”, 3.3.5 on “Com- plicity in traficking by victim’s family” and 3.3.6.4 on “Victim behaviour in the course of the traficking process the naïve or negligent victim”. 257 Previously cited. 258 R. v. Dobie 2009, 236 FLR 455, 18 December 2009, Queensland Court of Appeal, Australia. The case is available in the UNODC Human Traficking Case Law Database UNODC Case No. AUS013. 259 Previously cited. 260 Previously cited. For detailed facts, see the in-depth analysis in section 5.11 of the Case Digest. Deception