Dificult work conditions Circumstances which can contribute to convictions

In Connors United Kingdom, 415 the defendants were convicted of holding another person in slavery or servitude or requiring them to perform forced or compulsory labour. The court noted as part of the facts that the victims were housed in poor conditions without running water or heat. The pets of the defendants were allowed to defecate on the loor where some of the victims lived. In Ministerio Publico Federal v. Gilberto Andrade Brazil, 416 19 workers were exploited at the defendant’s farm. The workers had no access to drinking water or sanitation. They lived in shelters made of canvas with insuficient protection from rain. These circumstances contributed to the conviction of the defendant on charges of slave labour and fraudulent recruitment. Abdel Nasser Youssef Ibrahim United States 417 is a case in which the defendants traf- icked an Egyptian victim for the purpose of domestic servitude. The victim slept on a dirty folding mattress in a small, windowless converter room in the defendants’ garage. The court used this as a background for the conviction of holding a person in involuntary servitude, obtaining labour or services by threats of serious harm or physical restraint, and harbouring an illegal alien. In the case of Farrell United States, 418 during an initial phase of the exploitation workers were provided with accommodation by their employers. Seven workers shared one two bedroom apartment for which they each paid a large sum relative to the rent paid by employers. They were not given a key to the apartment, so that they were forced to leave the door unlocked at all times. Frequently one employer would arrive unannounced and search through the workers’ belongings. At a later stage, conditions further deteriorated with some workers remaining without a bed on which to sleep. The court expressly mentions these poor living conditions as important to the conviction of the charge of peonage. In Sabhnani United States, 419 concerning the domestic servitude of two Indonesian women, one victim slept on a carpet and later on a loor mat in the kitchen. This was compounded by other dificult living conditions. The court convicted the defendants of peonage, forced labour, document servitude and another charge. In a case ECLI:NL:GHSHE:2012:BX0599 Netherlands, 420 the owner of an asparagus plantation employed foreign workers. The workers were poorly housed, for example, in terms of lack of sanitation and ventilation: some rooms did not have windows. The defendant was convicted of human traficking. Poor living conditions were explicitly mentioned by the court as a circumstance that contributed to proving exploitation. Deprivation of food, sleep and adequate clothing Withholding adequate nutrition, sleep or clothing can be another form of poor living condi- tions found in traficking in persons or allied crimes cases. 415 See Index of all cases. For detailed facts, see the in-depth analysis in section 5.11 of the Case Digest. 416 See Index of all cases. 417 U.S. v. Abdel Nasser Youssef Ibrahim, 29 June 2006, United States of America. The case is available in the UNODC Human Traficking Case Law Database UNODC Case No. USA037. 418 See Index of all cases. For detailed facts, see the in-depth analysis in section 5.4 of the Case Digest. 419 See Index of all cases. 420 Previously cited. In a sexual exploitation case, Lolita Pamintuan Republic of Palau, 421 victims were deprived of food and their weight was monitored. The defendants were convicted of people traficking, exploiting a traficked person and other charges. In a labour exploitation case Agnieszka Magdalena B. et al Germany, 422 deprivation of food was mentioned as a background fact to the conviction for human traficking for labour exploitation. In Sabhnani United States, 423 concerning the domestic servitude of two Indonesian women, the victims were not given enough food to eat, which forced them to search for food in the garbage. The victims were also subjected to sleep deprivation. In addition, one victim was not given adequate clothing, but rather wore rags which exposed her private parts. The court convicted the defendants of peonage, forced labour and document servitude and another charge. Case III K 11408 Poland 424 concerned forced prostitution of a young woman in Sweden. The victim was often starved, but she never asked for food because she feared the defendant. The court convicted the defendant of human traficking and enticement or abduction of another person with the aim of having her engage in prostitution abroad. Non-exhaustive examples of dificult living conditions in traficking cases • Inadequate accommodation no bed, inadequate sleeping accommodation, no bathroom, etc. • Substandard hygiene • Limited or no running water or heat • Crowded accommodation • Sleep and food deprivation • Lack of privacy • Lack of adequate clothing

3.2.11 Lack of access to medical care

Lack of access to medical care is another element mentioned in several cases where the court convicted defendants of traficking in persons or allied crimes. Whether or not jurisdictions espouse the deinition of traficking in the Traficking in Persons Protocol, this circumstance may connect to the PURPOSE OF EXPLOITATION, which is usually present in some form or to the ACT of traficking, which in some jurisdictions, includes an element of control or objectiication. 425 421 Previously cited, see p. 31 of decision. 422 See Index of all cases. 423 See Index of all cases. 424 Previously cited. 425 As to legislation with an element of objectiication, see Israel’s criminal law, section 377Aa in which the “act” is “a transaction in a person”. See also the Thai Anti Traficking in Persons Act in which the “acts” include “buying, selling, vending”. Both these laws seem to require objectiication of the victim which may be proven, at least in part, by not allowing him access to medical care. As to legislation with an element of control, see section 279.01 of the Canadian Criminal Code which includes in one of the “acts of traficking”—“… exercises control, direction or inluence over the movements of a person …” In Wipaporn Songmeesap Thailand, 426 the victim was held as a domestic servant. She was tortured and beaten but not provided with access to medical care. The defendant was convicted of restraining an injured minor for the purposes of enslavement and of committing bodily harm and thereby causing the victim grievous bodily harm, whereby she was in severe bodily pain for over twenty days. In Alzanki United States 427 the defendant was convicted of involuntary servitude. On appeal, the court noted as background that the household duties the defendant required of the victim had deliberately risked her health. The defendant required the victim to clean on a “constant basis with caustic and noxious chemicals, without the beneit of respiratory protection, and her requests for rubber gloves were refused”. 428 When the fumes overcame the victim causing her to faint and then fall and injure her ribs, the defendants withheld medical treatment. In addition, he also refused to allow the victim to seek dental treatment for an abscessed tooth. The defendant’s conviction of involuntary servitude was afirmed in this case. In Udeozor United States, 429 the defendants exploited the Nigerian victim as their domes- tic slave. The victim was subjected to physical abuse but never received any medical attention after being beaten. This was mentioned by the court as part of the factual background. The defendants were convicted of involuntary servitude and other charges. Sabhnani United States 430 concerns exploitation of two Indonesian women as domestic servants. The victims were denied medical care even when they were sick or injured. The court noted this fact as background to its afirmation of a conviction on forced labour, peonage and other charges. In Connors United Kingdom, 431 a labour exploitation case, the court noted in the facts that multiple victims were denied access to medical care. One victim fell through the roof of a garage and was denied medical care until he was unable to work. Even at this point, after taking him to the hospital the defendants forced him to leave early and return to work within three days. The court convicted the defendants of holding another person in slavery or servitude or requiring a person to perform forced or compulsory labour.

3.2.12 Signs of ownership: objectiication of the victim

Signs of ownership, by which the victim appears to be owned by the defendant, are used to support convictions in cases of traficking and allied crimes, as they attest to an objectiication of the victim, and as such may be seen as a manifestation of his exploitation: in these cases there are clear signs that trafickers treat the victim like a commodity rather than as a fellow human being. Some jurisdictions have legislated ACTS to which ownership is directly relevant. 432 In addi- tion, in cases which revolve around slavery or enslavement and use the deinition which 426 Previously cited. 427 See Index of all cases. 428 See Index of all cases. These facts were offered as background by the court. 429 Previously cited. 430 Previously cited. 431 Previously cited. For detailed facts, see the in-depth analysis in section 5.11 of the Case Digest. 432 See, for example, the Egyptian Law No. 64 of 2010 regarding Combating Human Traficking, Article 2 which includes in the ACTS “the sale, offer for sale, purchase or promise thereof ”. See also, the Thai Anti Traf- icking in Persons Act, section 61, in which traficking includes: “Buying, selling, vending”.