97 on the human-trafficking ships.390 Traffickers also used threats and intimidation, including carrying firearms, to ensure trafficking victims did not attempt to move while confined on the ships.391 One man recalls witnessing traffickers beat people who complained about the conditions on the ship and then urinate in their mouths and on their faces.392 Nutritional deficiency and being forced to sit in a squatting position for days and weeks left multiple survivors paralyzed.393 Traffickers continued to inflict torture in the camps, where trafficked persons could be held for months. This report demonstrates that traffickers routinely beat people who were unable to arrange payment and when calling family members of trafficked persons in order to demonstrate that the lives of those being trafficked were at risk. Several survivors recounted instances of having boiling water poured on them in the camps when they were unable to raise money for their release.394 One survivor described the traffickers using pliers to “pull on our ears and breasts” as well as “on the men’s penises.”395 Additionally, traffickers badly beat people who tried to escape, including in some instances cutting their feet with knives. 396 Even if a purpose requirement is read into torture, this report establishes numerous acts of torture committed to punish and incentivize payment. Similar events to Furundzija described in this report qualify as torture. Traffickers beat and restrained persons while other traffickers killed, beat, and physically and sexually abused other prisoners, including children, in front of them. Thus, there are reasonable grounds to believe that the acts documented in this report meet the requirements of the crime against humanity of torture.397 The Contextual Element of Crimes Against Humanity The prohibited acts described above must be committed within a certain context to be considered crimes against humanity as defined by Article 7 of the Rome Statute. Specifically, Article 7(1) requires that one or more of the prohibited acts must be (1) “directed against any civilian population,” (2) as part of a “widespread or systematic attack,” (3) “with knowledge of the attack.”398 The Attack was Directed at a Civilian Population Under Article 7(2)(a) of the Rome Statute “an attack directed at any civilian population” requires a demonstration that: (1) there was a course of conduct involving the multiple commission of prohibited acts; (2) against any civilian population; and (3) carried out pursuant to or in furtherance of a state or organizational policy.399 390 See, Chapter I. Section, “Torture and Ill-treatment.” Fortify Rights interview with #4, Kuala Lumpur, Malaysia, August 10, 2014; Fortify Rights interview with #81, Penang State, Malaysia, September 15, 2014. 391 Ibid.; Fortify Rights interview with #26, Songkhla, Thailand, October 6, 2013. 392 Ibid.; Fortify Rights interview with #50, Bangkok, Thailand, September 23, 2014. 393 See, Chapter I. Section, “Deprivation of Food, Water and Physical Space;” Chapter II. Section, “Paralysis of Captives.” 394 Fortify Rights interview with #10, Kuala Lumpur, Malaysia, August 11, 2014; Fortify Rights interview with #50, Songkhla Province, Thailand, September 17, 2014. Residents of Wang Kelian also stated to the Commission that foreigners seen walking through Wang Kelian at various times looked scared, skinny, and some of them had burned marks as if they had been splashed with hot water. 395 Fortify Rights interview with #49, Bangkok, Thailand, September 23, 2014. 396 Fortify Rights interview with #17 and #19, Pahang State, Malaysia, August 13, 2014. See also, “For Myanmar Muslim Minority, No Escape from Brutality,” New York Times. 397 The Commission interviews with W1. W2, W6, W10, W17, and W19, Alor Setar, Kedah State, November 2016. 398 Rome Statute, art. 7. 399 See, ICC, Elements of Crimes, art. 7. See also, Katanga, Case No. ICC-01/04-01/07; Bemba, Case No. ICC-01/05-01/08, para. 148.