the situation of Ms. Siliadin constituted servitude. In this regard, it mentioned, inter alia, the
1956 Supplementary Convention. Thus, it concluded that servitude meant “an obligation to
provide one’s services that is imposed by the use of coercion, and is to be linked with the
concept of ‘slavery.’” In addition, the “serf” has the obligation to live on another person’s
property and [finds himself in] the impossibility of altering his condition.” 395 Other relevant
facts to determine the condition of servitude were the fact that the victim was “a minor and
she had no resources and was vulnerable and isolated, and had no means of living elsewhere”
and was entirely at the mercy of her tormentors, without freedom of movement or free
time.396
264. In addition, in a more recent judgment, in 2010, the European Court diverged from
the “classic” definition of servitude mentioned in the Siliadin case, to recognize, as had the
Ad hoc International Criminal Tribunal for the former Yugoslavia in the Kunarac case, that
“the traditional concept of “slavery” has evolved to encompass various contemporary forms
of slavery based on the exercise of any or all of the powers attaching to the right of
ownership,” reiterating the relevant factors listed by the Ad hoc International Criminal
Tribunal for the former Yugoslavia to determine whether the situation in question represented
a contemporary form of slavery.397
265. Recently, the Extraordinary Chambers in the Courts of Cambodia, in the judgment on
appeal in the Duch case,398 used the evolution of the concept of slavery to establish its
definition in the sense used by the Ad hoc International Criminal Tribunal for the former
Yugoslavia in Kunarac, and the international courts mentioned above.
266. The African Commission on Human and Peoples’ Rights, in the case of the Malawi
African Association and Others v. Mauritania399 on “practices analogous to slavery” and racial
discrimination against Black ethnic groups, considered that Article 5 of the African Charter
on Human and Peoples’ Rights had been violated,400 owing to the State’s failure to prevent
practices similar to slavery in its territory.
267. In addition to these international tribunals, other international bodies have expressed
similar opinions, giving content to the current phenomenon of slavery to include
contemporary or analogous forms. In this regard, the Court underlines the rulings of the
United Nations Committee on the Elimination of Discrimination against Women (CEDAW), 401
the United Nations Human Rights Committee,402 the United Nations Working Group on
395
ECHR, Case of Siliadin v. France, paras. 123 and 124.
396
ECHR, Case of Siliadin v. France, paras. 126 and 127.
397
ECHR, Case of Rantsev v. Cyprus and Russia, No. 25965/04, Judgment of January 7, 2010, paras. 279 and 280.
Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period
of Democratic Kampuchea, Case of Duch, No. 001/18-07-2007/ECCC/SC, Supreme Court Chamber, Judgment of
February 3, 2012, paras. 117 to 167.
398
African Commission on Human and Peoples’ Rights, Case of Malawi African Association and Others v. Mauritania,
Communications Nos. 54/91, 61/91, 98/93, 164/97-196/97 and 210/98 (2000), Ruling of May 11, 2000, paras. 132
to 135.
399
Article 5: “[a]ll forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited”.
400
CEDAW, UN Doc. A/55/38, Part one, May 1, 2000, para. 113: “The Committee considers forced labour of women
to be a contemporary form of slavery and a denial of their rights.” CEDAW, UN Doc. A/57/38, Part two, September
15, 2002, para. 383: “The Committee wishes to draw attention to the wide and increasing dimensions of trafficking
in women, which constitutes a major part of contemporary trade in persons and is a form of slavery and a violation
of article 6 of the Convention.”
401
Human Rights Committee, Concluding observations on Croatia, CCPR/CO/71/HRV, of April 30, 2001: “The State
party should take appropriate steps to combat this practice [trafficking of women into and through its territory,
402
69