Facts

The District Court of Zurich convicted the spouses [X.] and [Y.] of human trafficking to the detriment of [A.] as well as multiple violations of the Foreigners Act. The High Court of the Canton of Zurich upheld the first-instance judgment. [X.] and [Y.] filed a complaint with the DFC with the request to acquit them of the charge of human trafficking. The respondent 2, [A.] , was approached by the complainant [Y.] in Brazil in the summer/autumn of 2007 and offered employment as a prostitute in the [B.] Bar in Zurich. [A.] then travelled to Switzerland, where she was assigned a room in the bar and given an amount of CHF 400.-- as so-called "food money". [A.] subsequently worked as a prostitute and began to pay off her debts.

Considerations

The DFC holds that the offence of human trafficking under Art. 182 para. 1 SCC is fulfilled if a person is violated in their right to sexual self-determination. Consent to the activity as a prostitute is not effective if it is due to difficult economic or social circumstances in the country of origin and the person concerned does not…