Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

270 | PRACTITIONERS GUIDE No. 6
also held that it “undoubtedly also amounts to inhuman and
degrading treatment under Article 3 of the Convention”. 1128
In the case of Rantsev v. Cyprus and Russia the Court held
that “trafficking in human beings, by its very nature and aim
of exploitation, is based on the exercise of powers attaching to
the right of ownership. It treats human beings as commodities
to be bought and sold and put to forced labour, often for little
or no payment [. . .]. It implies close surveillance of the activities
of victims, whose movements are often circumscribed. It
involves the use of violence and threats against victims, who
live and work under poor conditions.” 1129
The European Court found that, “in addition to criminal law
measures to punish traffickers, Article 4 [ECHR] requires
Member States to put in place adequate measures regulating
businesses often used as a cover for human trafficking.
Furthermore, a State’s immigration rules must address relevant
concerns relating to encouragement, facilitation or tolerance
of trafficking”. 1130 State authorities have a duty to protect
an individual at risk of being trafficked or subject to forced or
compulsory labour, if they are aware, or ought to have been
aware, of circumstances giving rise to a credible suspicion that
an identified individual has been, or is at real and immediate
risk of being, trafficked or exploited, or subject to slavery,
servitude or forced or compulsory labour. 1131 The duties
to protect and to investigate belong not only to a particular
State, but to all States through which the trafficking action
developed, from the country of origin to that of destination.
One of the measures of protection is to “consider adopting
legislative or other appropriate measures that permit victims
1128 M. and Others v. Italy and Bulgaria, ECtHR, Application No. 40020/03, Judgment of 31 July
2012, para. 106.
1129 Rantsev v. Cyprus and Russia, ECtHR, op. cit., fn. 236, para. 281.
1130 Ibid., para. 284.
1131 Ibid., para. 286. See also, Concluding Observations on Republic of Korea, CESCR, op. cit.,
fn. 244, para. 23; Concluding Observations on Poland, CESCR, op. cit., fn. 1121, para. 23;
Concluding Observations on Azerbaijan, CEDAW, op. cit., fn. 244, para. 75; Concluding Observations
on Bangladesh, CEDAW, op. cit., fn. 244, para. 457; Concluding Observations on
the Netherlands, CEDAW, op. cit., fn. 244, para. 212; Concluding Observations on Lebanon,
CEDAW, op. cit., fn. 244, paras. 28–29; Concluding Observations on Spain, CEDAW, 2004,
op. cit., fn. 244, para. 337; Concluding Observations on Singapore, CEDAW, op. cit., fn. 244,
paras. 21–22; Concluding Observations on Guatemala, CEDAW, op. cit., fn. 244, paras. 23–24;
Concluding Observations on Spain, CEDAW, 2009, op. cit., fn. 244, paras. 21–22; Concluding
Observations on Switzerland; CEDAW, op. cit., fn. 244, paras. 29–30; Concluding Observations
on Greece, CCPR, op. cit., fn. 240, para. 10; Concluding Observations on Thailand,
CCPR, op. cit., fn. 244, para. 20; Concluding Observations on Spain, CAT, op. cit., fn. 240,
para. 28; Principle 1, OHCHR Trafficking Principles, op. cit., fn. 244.