Parcours procédural du dossier
Tribunal Oral Federal de Formosa
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
During the month of October 2008 the defendants were caught by the police while they were transferring a minor from the city of Formosa to the city of Cordoba, who they convinced to work as waitress in a brothel. According to the victim they had offered her 1.500 Argentinean pesos (equivalent of USD 315) and a false identity document.
It was found during the investigation phase, that the defendants recruited several other minors to work at the brothel, the procedure used by the defendants was go through the neighborhoods of city of Formosa recruiting girls to work at the establishment.
The victims, previously recruited, used to arrive at the place of work already in debt with them; they were obliged to pay back their travel costs and personal expenses.
Article 145 ter Penal Code
Article 145 ter Penal Code
The Court asserted that the trafficking law of Argentina describes the deception is easier to happen by the mental immaturity of the victims, to the point that they were lend to leave the way they were approached, without clothes, and regarding the fact of being minors, they were told they would have their documents falsified.
All the facts analyzed clearly demonstrate the existence of the recruitment of minors for the purpose of sexual exploitation, which constitute the crime of trafficking of person (article 145 Penal Code) by deception on this case.
The statements of the victims have been spontaneous and objective provided for the analysis of the evidence of the cause. It contains important details of a crime very difficult to be proven, but successfully achieved.
It is quite evident that in this type of crime, the authors take advantage of the vulnerability status of the victims, their poverty and spurring them to believe that a better life awaits them, with more money and better facilities.
during the testimony of the victims reported : "Mr. deponent asked if I wanted to work in a bowling alley inside. Who would win a lot of money. He offered job for 1500 pesos per fortnight, ... he first said it was to work in a wiskería, then in a bowling alley ... That also told her mother that she would be able to send her money and she would have the opportunity to buy some clothes. J.E.F., took advantage of the vulnerable position of the victim as a result of a precarious situation from the point of view of social exclusion and economic tempting offer them completed at the urgent need to access an income with which to reverse its distressing reality.
The Court found both defendants guilty for the crime of trafficking minor for the purpose of sexual exploitation.
Judgment – J_E_F Formosa
Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina