Parcours procédural du dossier
Tribunal Oral en lo Criminal Federal de Catamarca [Oral Criminal and Correctional Federal Court of Catamarca]
San Fernando del Valle de Catamarca
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
In 2009 the victim was interviewed by the members of the Police of the city of Tucuman and the victim reported the following situation:
“During the month of December of 2008, through deception, she was lured to the city of Tinogasta where she was obliged to exercise the prostitution in a Brothel called “La Torre” (The Tower). During the whole time at the mentioned place she was forbidden to leave the premises, being constantly watched by other women who worked in the place.
The victim asserted furthermore that she was threatened by the defendant who claimed that she escaped he would kill her entire family.
However on February 28th during the night and when her supervision was neglected, the victim with the help of a male person, who she did not want to give more details, managed to escape from the brothel and the place she was found was the further place she could reach hitchhiking that night".
Article 145 Penal Code
Article 145 Penal Code
The statements made by Y.L.S., both during the trial and in the hearings, find support on evidences corroborated with the other elements of conviction involved in the trial such as; initial record of proceedings, annotated to fs. 2 and incorporated by reading to the hearings; search warrant record of fs. 39/45, conducted in the Bar “La Torre”, from which it was possible to verify that the establishment was a brothel and it was recorded that the day of the raid the defendants were not present -these were arrested later- so the establishment was run by the manager.
The statements rendered by the defendants, should be considered as special evidence since both expressly recognized the fact, that is, Jose Villagra recruited and transferred the victim from the city Tucumán until the city of Tinogasta and Carlos Palacios recognizes he received the victim in front of the bus terminal of the city and transferred her to the brothel at Tinogasta. In their statements both agreed they thought YLS was an adult and, and her name was Erika Figueroa.
It should be also noted, the abuse of a position of vulnerability of the victim in this case, and although is not sufficient for the purposes of constituting an aggravating factor set by the norm, is important to stress that the victim YLS commented with the defendant Villagra about the loss of her mother, her father's workload and about her need to work in order to help her family.
For all this, the commission of the crime and its participation were proved to be committed by the defendants.
The conduct displayed by the defendants Villagra and Palacios fall, certainly in the typical figures described by article 145 Criminal Code, that is, the person who offers, recruit, transports, transfers; to transport/transfer academically means to bring from one place to another and the action is configured without requiring to reach the destination (action taken by Villagra); reception, means admitting someone in your company or home. One receipts when gives hosting, hosts, admits in his/her area, hides or provides physical protection to the victim to avoid the discovery of his/her condition of exploitation and sexual exploitation purposes (typical action displayed by Palacios), which have been clearly demonstrated under the mentioned previously and notwithstanding if the victim has given consent or not, or whether she had offered herself to work in the bar in question.
THUS THE COURT DECIDES:
To convict VLJ and PCA as guilty for the crime of trafficking in persons, as defined and punished by article 145 Criminal Code, built by 26,364 law condemning the sentence of five (5) years imprisonment plus a fine of three thousand dollars ($ 3,000), (art. 22 bis, 40 and 41 of the Criminal Code).
Judgment - Causa n° 62-09
Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina