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Ministerio Publico v. Jose Luis Castro Sosa

UNODC No.:
CHL001
Author:
UNODC
Court:
Juzgado de Garantia de Antofagasta (Warranty Court), Antofagasta

Keywords

Sector in which exploitation takes place:
Commercial sexual exploitation
Form of Trafficking:
Transnational
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Means:
Deception
Acts:
Recruitment
Transportation
Transfer
Harbouring

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

1st Instance:

Court: Juzgado de Garantia de Antofagasta (Warranty Court)

Location: Antofagasta

Date of decision: 17 August 2007

Reference: Juzgado de Garantía de Antofagasta, Ministerio Público c/ José Luis Castro Sosa, RIT. Nº 8273-2006

 
 

Victims / Plaintiffs in the first instance

Victim:
22 individuals
Gender:
Female
Nationality:
Peruvian

Defendants / Respondents in the first instance

Defendant:
Jose Luis Castro Sosa
Gender:
Male
Nationality:
Chilean
Born:
1972

Fact Summary

The facts that formed the basis of the indictment in this case occurred primarily between 2005 and 2007.  Prior to this timeframe, however, the defendant and others were regularly involved in the recruitment of Peruvian citizens, mostly from the city of Tacna, Peru, to engage in prostitution in the city of Antofagasta, Chile.  They were also involved in facilitating the entry of the recruited Peruvian citizens into Chile.

The accused used an employment agency in Tacna, Peru, to lure young ladies into working in Antofagasta, Chile.  The employment agency offered jobs that included accommodation and the relevant documentation to work in Chile. Most of the victims signed labor contracts to serve as waitresses in the premises of the defendant, with a remuneration of CLP135,000 (USD275).  These agreements allowed the victims to legally enter Chile and obtain work once in the country.

In some cases the girls were transported by road to reach the city of Arica, Peru, and from there they were flown to Antofagasta, Chile.  When the victims worked at the premises of the accused they were forced to wear short and provocative clothes and to drink alcoholic beverages with their clients.  They would sometimes earn a commission for every drink they sold.  The women were also involved in prostitution at the premises, although it is unclear whether this was forced or just facilitated.

Police investigations concluded that José Luis Castro Sosa had facilitated 52 trips to Peru.  Records also showed that there were 42 requests made for work visas listing the accused as the registered employer (41 were made by Peruvians and one was made by a Colombian national).

Charges / Claims / Decisions

Defendant:
Jose Luis Castro Sosa
Verdict:
Guilty
Charge / Claim:
Trafficking in persons
Legislation / Statute / Code:

Article 367(2) No.6 Penal Code (Chile)

Term of Imprisonment:
6 years
Compensation / Payment to Victim:
No     
Fine / Payment to State:
Yes    32 unidades tributarias mensales   (32 "monthly tax units")  
Legal Reasoning:

The Trial Judge found the defendant guilty of multiple counts of facilitating the entry of foreigners into Chile for the purpose of prostitution.

Sources / Citations

Juzgado de Garantía de Antofagasta, Ministerio Público c/ José Luis Castro Sosa, RIT. Nº 8273-2006

Attachments