NEW TIP-RELATED ARRESTS AND PROSECUTION

UNCLAS MANILA 001815

SIPDIS

SENSITIVE

STATE FOR EAP/PMBS, EAP/RSP - SU, G/TIP - NORIN, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM KWMN KCRM RP
SUBJECT: NEW TIP-RELATED ARRESTS AND PROSECUTION
INSTRUCTIONS

REF: A. MANILA 1618


B. MANILA 971

C. STATE 61855


1. (U) Summary. Four new TIP criminal cases are in the
works, following a raid on a suspected brothel in what the
National Bureau of Investigation (NBI) described as a new
series of TIP-related raids. The DoJ has issued unequivocal
instructions to prosecutors to give "preferential attention"
to TIP cases and to reject attempts by defense attorneys to
call for dismissals of cases in which the victims recant
their testimony. A new USG assistance program to NBI should
begin soon after the signing of a proposed LOA. End Summary.

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Latest arrests and rescues
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2. (SBU) Acting on a tip, NBI agents on April 11 raided two
suspected brothels, where they rescued 50 women, including 17
under-age girls. They arrested four individuals on suspicion
of trafficking in persons and on April 12 turned the cases
over to the Department of Justice (DoJ) for prosecution. One
of the four designated TIP prosecutors is handling the case
and is processing cases under the "Anti-Trafficking in
Persons Act of 2003" (Republic Act 9208). DoJ has filed
charges against a total of seven people, including the club
owner, although three remain at large. The prosecutor will
conclude the required preliminary investigation before the
case can go to court.


3. (SBU) According to NBI contacts, NBI has also obtained a
search warrant for a Manila brothel wherein agents suspect
TIP victims. They expect to make this raid "within days,"
and are seeking to undertake a new pace of two TIP-related
raids per week.

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Clear guidance on TIP prosecutions
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4. (U) In an effort to accelerate anti-TIP prosecutions,
Secretary of Justice Raul M. Gonzalez on April 12 issued DoJ

SIPDIS
"Circular 18" addressed to all prosecutors, instructing that
"all cases involving violations of R.A. No. 9208 shall be
given preferential attention" and that all pending cases
"should be resolved immediately." Gonzalez also formally
ordered all prosecutors "vigorously" to oppose "and/or
manifest strong objection" to any and all motions for
dismissal based on lack of testimony, an unfortunately common
phenomenon as victims often recant their statements due to
enticements or threats from accused traffickers. According
to Interagency Council Against Trafficking IACAT Secretary
Robert Larga, this circular is now in the training materials
for the scores of anti-TIP prosecutors that DoJ will
designate in May (ref a).

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Comment
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5. (SBU) The NBI's Anti-Human Trafficking Division appears
to be operating with more energy and initiative, while the
quick turnover of these most recent cases to the prosecutor
is particularly encouraging. Once both governments sign a
proposed new LOA (ref c),the USG will be able to provide
$34,930 worth of assistance to NBI to assist in its
investigations and care of TIP victims, a welcome further
step in USG-GRP cooperation against TIP.
Ricciardone