TIP: GRP WORKS TO STRENGTHEN PROSECUTIONS AS

UNCLAS SECTION 01 OF 02 MANILA 002294 SIPDIS DEPARTMENT FOR EAP/PMBS, G/TIP, EAP/RSP, INL, DRL/IL, DRL/CA DEPARTMENT PLEASE PASS TO USAID FOR ANE/TS - SAULS LABOR FOR ILAB E.O. 12958: N/A TAGS: PGOV PHUM KCRM KWMN RP SUBJECT: TIP: GRP WORKS TO STRENGTHEN PROSECUTIONS AS AUTHORITIES MAKE HIGH-PROFILE ARRESTS REF: A. MANILA 2200 ¶B. MANILA 2193 ¶C. MANILA 1815 ¶D. MANILA 607 ¶1. (U) Summary: A committee of the Philippine Supreme Court is reportedly about to issue a new rule that would prohibit judges from dismissing cases based on a minor's unwillingness to testify. The rule aims to address the problem of victims recanting their testimony after being threatened or bribed by defendants. In other trafficking-related news, Philippine government (GRP) agencies recently made several high-profile arrests and conducted rescues, including of minors. The fact the GRP and the judiciary are actively addressing the problem of witness tampering and its impact on trials is a positive step for TIP prosecutions. End Summary. -------------- Supreme Court Works to Protect TIP Cases -------------- ¶2. (U) Ref D reported on the difficulty of prosecuting TIP cases given that victims often recant their testimony after being bribed or threatened by defendants. To try to ensure that cases move forward regardless of such incidents, GRP Secretary of Justice Raul M. Gonzalez issued unequivocal SIPDIS instructions on April 12 to prosecutors requiring them to object to any motion to dismiss TIP cases based on withdrawal of testimony (Ref C). In addition, at the urging of NGOs and the GRP, the Philippine judiciary is now examining additional steps meant to protect prosecutions. The Supreme Court's "Committee on Revision of the Rules of Court," for example, is seriously considering a proposal that would prohibit judges from dismissing cases based on a minor's unwillingness to testify. Although some defense attorneys oppose the proposed rule change, Mission understands that the Committee is inclined to accept the proposal and then ask the Supreme Court to implement it through a national circular. ¶3. (U) NGOs and government prosecutors have often complained to poloffs that defense attorneys appear to hold most of the cards in trafficking cases. NGOs -- who by Philippine law are allowed to investigate cases and bring prosecutions for trafficking -- seem encouraged by recent trends and have told us that the DoJ instructions have already assisted in the prosecution of TIP cases. NGOs expect that prosecutors will be further empowered if the Supreme Court indeed does go ahead and issue the new rules. -------------- New Arrests and Rescues -------------- ¶4. (U) GRP agencies have recently made arrests and conducted rescues in the following high-profile trafficking-related cases: -- On May 11, the Philippine National Police (PNP) arrested two men and a woman in Caloocan, Metro Manila, and rescued seven minors from a brothel. One of the minors was 12 years old, two were 13, two were 14, one was 16, and one was 17. The proprietor had lured the victims with promises of legitimate employment and education. The PNP turned the case over to DoJ prosecutors with a recommendation for prosecution under the Anti-Trafficking law and related statutes. -- On May 12, the National Bureau of Investigation's Anti-Human Trafficking Division (NBI-AHTRAD) arrested two women and rescued several minors in a raid on a Manila brothel. The NBI turned the case over to Manila city prosecutors with a recommendation for prosecution under the Anti-Trafficking law and related statutes. -- On April 28, NBI-AHTRAD agents, working with the Philippine Overseas Employment Agency, arrested an unlicensed entertainment promoter. Agents, acting on a tip from local journalists, also rescued 17 victims, including three minors, in Nueva Ecija, a rural province located north of Manila. The promoter had recruited the victims with promises of work in the entertainment field in Canada and Japan after several months of "training" in her rural nightclub. The NBI turned the case over to DoJ prosecutors with a recommendation for prosecution under the Anti-Trafficking law and related statutes. -------------- Comment -------------- ¶5. (U) The fact that the GRP and the judiciary are actively addressing the problem of witness tampering and its impact on trials is a net positive for TIP prosecutions. At the same time, while the arrests and rescues are most welcome, the increased volume of cases being developed by law enforcement agencies is adding to the caseload of prosecutors and judges, who are struggling to handle the influx. Mission is continuing to assist the GRP in building prosecutorial capacity, including through the sponsorship of a weeklong training program in June for police officers, prosecutors and judges (Ref B). MUSSOMELI