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Causa n°3238-A

Argentine
UNODC No.:
ARG019
Décision/Date de Verdict:
2011-05-17
Auteur:
UNODC
Tribunal:
Tribunal Oral en lo Criminal Federal de Mendoza (Federal Criminal Court of Mendoza)

Mots-clés

Formes de la Traite:
National
Means:
Tromperie
Abus d’autorité ou d’une situation de vulnérabilité
Fins d’exploitation:
Exploitation de la prostitution d’autrui ou d’autres formes d’exploitation sexuelle,
Secteur dans lequel l'exploitation a lieu:
Exploitation sexuelle commerciale
Actes:
Recrutement
Transport
Transfert
Hébergement

Parcours procédural du dossier

Le Système Juridique:
Droit Civil
Dernière Cour:
Tribunal de première instance
Type de Action Juridique:
Criminel

1st Instance:

Tribunal Oral en lo Criminal Federal de Mendoza

Mendoza

17/05/2011

Victime / Demandeurs de la première instance

Victime:
Several women

Défendeurs / Répondants de la première instance

Défendeur:
N.F.C.I.
Sexe:
Féminin
Défendeur:
O.R.B.
Sexe:
Masculin
Défendeur:
P.A.A.G.
Sexe:
Masculin
Défendeur:
E.R.A.
Sexe:
Masculin

Résumé des faits

The present case begins with an anonymous report made by telephone by a female person to the Office of rescue and support for people affected by the crime of trafficking, that works in partnership with the Ministry of Justice, Security and Human Rights Office.

The aforementioned office became aware of the existence of a cabaret named "Flash Dance" which had several young foreign women working in bondage and confinement situation, and the owner of the place was a woman named "N.F.C.I.". She added that, as a prostitute, she clearly knew the difference between practicing the craft and be reduced to servitude. Thus the Federal Police initiated the investigations

Remained proved through materials seized at the site and the testimony of victims and police that the Cabaret was managed by N.F.C.I., that offered sexual services in exchange for money, she received part of the profits and she received help from her husband and sister-in-law. It was also found that N.F.C.I. and P.A.A.G. had no other source of income but the Cabaret.

The defendant N.F.C.I. was the person who harbored the girls that she or her business partner, the defendant O.R.B, transferred from the North of the Country, precisely to the cities of Salta and Jujuy, to the city of San Rafael. The defendant O.R.B. was the person in charge of the recruitment of the girls and for the “deliver” of the girls to N.F.C.I. in exchange for money.

O.R.B. convinced the girls through deception about the work conditions, the salary they would receive and any other circumstances as may be necessary to win their trust in order to transfer them to the brothel. All the victims were in a situation of vulnerability as they were all in difficult financial situation.

According to the testimony of a woman who was recruited by the defendant, N.F.C.I. and O.R.B. were connected permanently in order to attract as many women as possible to work in the cabaret "Flash Dance" and thus obtain economic benefit to the foreign sex trade.

Frais/Réclamations/Décisions

Défendeur:
N.F.C.I.
Verdict:
Guilty
Charge/Réclamation:
Trafficking in persons
Législation/Code:

Article 145, bis Penal Code

Durée de l'Emprisonnement:
4 ans 6 Mois
Défendeur:
O.R.B.
Verdict:
Guilty
Charge/Réclamation:
Trafficking in persons
Législation/Code:

Article 145, bis Penal Code

Durée de l'Emprisonnement:
4 ans 6 Mois
Défendeur:
P.A.A.G.
Verdict:
Guilty
Charge/Réclamation:
Trafficking in persons
Législation/Code:

Article 145, bis, inc.2° and 3° Penal Code

Durée de l'Emprisonnement:
4 ans
Défendeur:
E.R.A.
Verdict:
Guilty
Charge/Réclamation:
Trafficking in persons
Législation/Code:

Article 145, bis, inc.2° and 3° Penal Code

Durée de l'Emprisonnement:
2 ans
Raisonnement Juridique:

The Court ruled the case as follows:

"The materiality of the crime remained clearly proved about it there is no controversial issue. In the defendant’s testimony, he admitted the existence of the Cabaret called “Flash Dance” which he ran and the exercise of prostitution of the women, who lived there, were subjected to.

It was found that at the time of discovery of the facts some of the women were from the north of the Country. The  circuit  of recruitment, transfer and exploitation had its roots in the beginning of the travels of the defendants to the cities of Salta and Jujuy with the purpose of convince young girls to work at the Cabaret at the city of San Rafael, Mendoza.

The co-defendant O.R.B. admitted his several journeys with N.F.C.I. for the sole purpose of achieving the recruitment of women, whose personal details, addresses and activities the ORB possessed and placed at the disposal to NFCI for a certain price.

It has been clearly proved by the abundant evidence collected, not only the existence of the fact, but also the authorship and responsibility each of those involved in the illegal business.

In this sense, the crime of trafficking in persons for sexual exploitation has a specific directionality, where women were reduced to the status of the object, in the sense that their bodies were merchandise supply and demand in the exploitation scheme previously highlight. It meant that the monopoly of the body was left to the mercy of the domain of the regents of the place.”

The Court found the defendants N.F.C.I., O.R.B., P.A.A.G. and E.RA. guilty for the crime of trafficking in persons under article 145 of the Penal Code.

Source/Citation

Sentencia - Causa 2832-A

Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina

Pièces jointes