juridical person; b. military service and, in countries in which conscientious objectors are recognized, national service that the law may provide for in lieu of military service; c. service exacted in time of danger or calamity that threatens the existence or the well-being of the community; or d. work or service that forms part of normal civic obligations. ), and the International Covenant on Civil and Political Rights (Article 8 (1)-2 × 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. as ratified by the Republic of Niger) consider the prohibition of slavery as an inviolable right, that is to say, an unbreakable or a right which cannot be transgressed. Similarly, the Penal Code of Niger as amended by Law No. 2003-025 of 13 June 2003, in its Article 270 (1) to (5), defines and stamps out the crime and offence of slavery. 76. From the foregoing, it is incontrovertible that Hadijatou Mani Koraou was sold off from El Hadji Ghousmane to El Hadj Souleyman Naroua, at the age of twelve (12), at a monetary price of Two Hundred and Forty Thousand CFA Francs (CFA F 240,000). She was led to the home of her buyer, went through almost a decade of numerous psychological pressures characterised by subjugation, sexual exploitation, forced labour in the home and on the farm, physical violence, insults, and a permanent constraint on her movements exercised by her buyer, who, on 18 August 2005, issued her with a document entitled "certificate of emancipation (from slavery)", stating that from the date of signature of the said deed, "she (the Applicant) was free and was nobody's slave." 77. The foregoing do portray the Applicant's condition of servitude and they bring out all the indicators of the definition of slavery as contained in Article 1 × For the purpose of the present Convention, the following definitions are agreed upon: (1) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. (2) The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves. of the Geneva Convention 1926, and as interpreted by the Appeals Chamber of the International Criminal Tribunal for former Yugoslavia (ICTY), in the case concerning Public Ministry v. Dragoljub Kunarac, Radomir Kovac and Vukovic Zoran, Judgment of 12 June 2002, IT-96-23 & 23/1, paragraph 119. According to that case-law, in addition to the attributes of the right of ownership which characterises slavery, "whether a particular phenomenon is a form of enslavement will depend on the operation of the factors or indicia of enslavement identified by the Trial Chamber. These factors include the 'control of someone's movement, control of physical environment, psychological control, measures taken to prevent or deter escape, force, threat of force or coercion, duration, assertion of exclusivity, subjection to cruel treatment and abuse, control of sexuality and forced labour' " 78. The Defendant, while acknowledging the continued existence of slavery, contended that this practice had become more discreet and had been confined to very restricted social circles. The Defendant maintained that the Applicant was rather the wife of El Hadj Souleyman Naroua, with whom she had lived a more or less happy marital relationship as in all homes, up to 2005, and that from their union, children were born. 79. The Court cannot countenance such a manner of arguing, for it is trite that slavery may exist without the presence of torture. Even with the provision of square meals, adequate clothing and comfortable shelter, a slave still remains a slave if he is illegally deprived of his freedom through force or constraint. All evidence of ill treatment may be erased, hunger may be forgotten, as well as beatings and other acts of cruelty, but the acknowledged fact about slavery remains, that is to say, forced labour without compensation. There is nothing like goodwill slavery. Even when tampered with humane treatment, involuntary servitude is still slavery. And the issue of knowing the nature of relationship between the accused and the victim is essential. See Judgment of 3 November 1947, in Trials of Major War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10, Vol. 5, 1997, page 958, as cited by the International Criminal Tribunal for former Yugoslavia (ICTY), in the case concerning United States of America v. Oswald Pohl et al. 80. The Court finds in the instant case that beyond well constituted deeds, the moral element in reducing a person to slavery resides, moreover, in the intention of El Hadj Souleyman Naroua to exercise the attributes of the right of ownership over the Applicant, even so, after the document of emancipation had been made. 10