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Causa: Nº 2697-D “D.R.V., D.F. y Otros

UNODC No.:
ARG028
Decision/Verdict Date:
Author:
United Nations Online Volunteers
Court:
Federal Criminal Court Nº1 – Mendoza (Tribunal Oral en lo Criminal Federal Nº1 de Mendoza)

Keywords

Form of Trafficking:
Internal
Transnational
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Acts:
Recruitment
Receipt
Means:
Threat or use of force or other forms of coercion
Deception
Abuse of power or a position of vulnerability
Sector in which exploitation takes place:
Commercial sexual exploitation

Procedural Information

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

1st Instance:

Tribunal Oral en lo Criminal Federal Nº 1 [Federal Criminal Court Nº 1]

Mendoza

April 2012

Victims / Plaintiffs in the first instance

Victim:
N.D.A.F.
Gender:
Child

Defendants / Respondents in the first instance

Defendant:
M.C.F.C, alias “E.”
Gender:
Male
Defendant:
D.F.D.R.V.
Gender:
Male
Defendant:
G.N.G.R., alias “La F.”
Gender:
Female
Defendant:
J.E.O.M., alias “El Z.”
Gender:
Male
Defendant:
R.A.V.M.
Gender:
Male
G.N.G.R’s husband

Fact Summary

Between 28 January and 9 February 2010, the minor N. D. A. F. was contacted via text message and made to reside and participate in sexual activities at the address C. G. Nº xxxx, Bermejo, Guaymallén district, Mendoza.

After leaving home due to family problems, N.D.A.F. went to her aunt’s house in the Tunuyán district, Mendoza. While she was there, between 23 and 27 January 2010, N.D.A.F. started communicating via text messages with whom she thought was her friend D. Actually, she was in fact communicating with a man who identified himself as E. (M. C. F. C.) and who told her that his job involved renting property. They agreed to meet up to discuss the possibility of her renting a piece of property and getting a job in Mendoza. On 29 January 2010, N.D.A.F. and E. went to the house located at C.G. Street Nº xxxx, Bermejo, Guaymallén district, Mendoza, with the pretext that she could stay there momentarily until the repairs to the property she had been originally offered were finished and she could move in. In said house, she met D. R., a woman that went by the name “La F.” (G N. G. R.), Y. (daughter of “La F.”, 12 years old), J. E. O. M. (alias “El Z.”, La F.’s lover), and R. A. V. M. (La F.’s husband). N.D.A.F. thought these people would eventually leave, but this did not happen. On the contrary, they threatened, drugged, and raped her, and they made her have sexual relations with a third person that went by the name “C.”. On 6 February 2010, “C.” came to the house where the victim was, and told her that he would take her to Chile. They day N.D.A.F. was released she received a phone call from her friend M.C. on her mobile phone. He told her that her mother (V.P.) knew where she was and that she would go there with the police to take her out. This conversation was heard by D.R., who had pointed a gun to N.D.A.F.’s head and forced her to put on the loudspeakers. Immediately after this, D.R. gave N.D.A.F. a pill that dissolved in her mouth and made her lose the sense of space and time. He then put her in a car and took her to Acceso Este. Despite her condition, N.D.A.F. managed to recognise where she was and remembered her friend C. lived nearby. She managed to remember C.’s brother’s mobile phone number and sent him a message in which she asked him to pick her up. While she was waiting for her friend E. to arrive, she was approached by a couple of gypsies who tried to talk with her. In that moment, she received a call from her uncle but the gypsy woman reached out and took her phone. Her friend finally arrived and took her to his house, where they waited for her mother, V.P. Her mother then accompanied her to the police station where they filed a complaint.

The Public Prosecutor’s Office estimated that the conduct of D. F. D.R. V., J. E. O. M., R. A. V. M., G N. G. R., M. C. F. C. violated article 145 ter with aggravating circumstances 1 and 3 of the Penal Code, and that they acted as co-perpetrators.

Charges / Claims / Decisions

Defendant:
M.C.F.C, alias “E.”
Verdict:
Guilty
Charge / Claim:
Trafficking of Minors
Legislation / Statute / Code:

Art. 145 ter. con los agravantes de los incisos 1 y 3 del Código Penal  [Article 145 ter, with aggravating circumstances 1 and 3 of the Argentine Penal Code]

Defendant:
D.F.D.R.V.
Verdict:
Guilty
Charge / Claim:
Trafficking of Minors
Legislation / Statute / Code:

Art. 145 ter. con los agravantes de los incisos 1 y 3 del Código Penal  [Article 145 ter, with aggravating circumstances 1 and 3 of the Argentine Penal Code]

Defendant:
G.N.G.R., alias “La F.”
Verdict:
Not Guilty
Charge / Claim:
Trafficking of Minors
Legislation / Statute / Code:

Art. 145 ter. con los agravantes de los incisos 1 y 3 del Código Penal  [Article 145 ter, with aggravating circumstances 1 and 3 of the Argentine Penal Code]

Defendant:
J.E.O.M., alias “El Z.”
Verdict:
Not Guilty
Charge / Claim:
Trafficking of Minors
Legislation / Statute / Code:

Art. 145 ter. con los agravantes de los incisos 1 y 3 del Código Penal  [Article 145 ter, with aggravating circumstances 1 and 3 of the Argentine Penal Code]

Defendant:
R.A.V.M.
Verdict:
Not Guilty
Charge / Claim:
Trafficking of Minors
Legislation / Statute / Code:

Art. 145 ter. con los agravantes de los incisos 1 y 3 del Código Penal  [Article 145 ter, with aggravating circumstances 1 and 3 of the Argentine Penal Code]

Sources / Citations

Judgment - "D.R.V., F y Otros s/Infr.Art. 145 CP

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

 

Commentary and Significant Features

Clarification by Judge J. Antonio G. Macías:

‘Before discussing the legal frame of the conduct of the accused, we must indicate that, at the moment of the closing arguments, the Prosecutor refrained from confirming the charges against J. E. O., R. A. V. and G N. G., and therefore this Court cannot pronounce itself on these individuals. We base our decision on the Argentine Supreme Court ruling on “M., J. G. s/ Homicidio culposo”. This Court shall therefore refer to the conduct of D. D.R. and M. C. F., which, according to the analysis of the facts, falls within the criminal conduct set forth in article 145 ter of the Penal Code […]’

Attachments