Facts
The case concerns [M.], who between November 1996 and May 1997 repeatedly procured women for various brothels. In some cases, he was only responsible for transporting the women, while in other cases he procured the women independently to individual establishments and demanded a share of their daily earnings. In two cases, he verifiably received compensation of CHF 100 and CHF 300 for his services. The procured women did not possess residence permits.
On July 8, 1999, the High Court of the Canton of Thurgau convicted [M.] in the second instance, among other things, of multiple counts of human trafficking. [M.] is filing a nullity appeal against this part of the judgment.
Considerations
The Federal Supreme Court is examining whether the procurement of prostitutes from one establishment to another violates their right to self-determination and thus fulfills the elements of human trafficking.
The lower court had argued that the elements of human trafficking are also fulfilled if the persons concerned were not procured against their will. However, the Federal Supreme Court sees this differently: For a conviction of human trafficking, the right to self-determination of the person concerned must have been violated. Only where people are disposed of like objects, because they are unaware or poorly informed or for other reasons unable to defend themselves, can one speak of human trafficking.
In the procurement of prostitutes from one establishment to another, it must…