ARGENTINA: TRAINING WORKSHOP BUILDS LOCAL CAPACITY TO

UNCLAS BUENOS AIRES 001103 SIPDIS G/TIP FOR AMBASSADOR CDEBACA, JANE SIGMON, STEPHANIE KRONENBURG, MARK FORSTOM, MARISA FERRI WHA/PPC FOR SCOTT MILLER DHS/ICE FOR GABRIEL GONZALEZ AND KATERINA KAROUSOS E.O. 12958: N/A TAGS: KWMN PHUM PREL KCRM SMIG KFRD ASEC ELAB AR SUBJECT: ARGENTINA: TRAINING WORKSHOP BUILDS LOCAL CAPACITY TO FIGHT TIP ¶1. (U) Summary. A one-week USG-funded workshop on trafficking-in-persons (TIP) helped mobilize Argentine federal judges and prosecutors to address procedural shortcomings in Argentine TIP investigations. G/TIP Ambassador Luis CdeBaca and Department of Justice Federal Prosecutor James Felte kick-started the event with an audio conference focused on successful USG efforts to prosecute trafficking cases. An Immigration and Customs Enforcement (ICE) Special Agent provided concrete guidance on developing TIP cases and described ICE's experience in cooperating with overseas law enforcement to combat the challenge. Ambassador Martinez closed the event, congratulating Argentina for its increasing efforts to fight TIP and praising a recent federal court decision that affirmed the principle that no one can consent to their own exploitation. She encouraged further Argentine steps to ensure successful prosecution of traffickers and to further extend services to victims. End Summary. -------------- Participants -------------- ¶2. (U) Thanks to a grant awarded by the Office to Monitor and Combat Trafficking in Persons (G/TIP) to local judicial NGO Unidos por la Justicia, post helped organize a workshop focused on training judges and federal prosecutors on how to investigate and prosecute trafficking in persons (TIP) cases. Approximately 30 judges and prosecutors representing federal and provincial jurisdictions participated in the week-long workshop, which took place September 21-25. Trainers from the anti-TIP NGO, Maria de los Angeles Foundation, also participated as observers. ¶3. (U) G/TIP Ambassador CdeBaca and Department of Justice Federal Prosecutor James Felte kick-started the conference with a presentation focused on successful USG efforts to prosecute trafficking cases. They described the evidence and strategies the USG regularly uses to successfully counter the traffickers' legal defenses, and emphasized that confidential informants and undercover investigations are powerful tools in developing a case against a human trafficking ring. In a lively question-and-answer session, participants asked what evidence can be presented to prove human trafficking occurred. Felte noted that multiple victims reporting similar stories offer powerful evidence in court. Testimony from neighbors can be useful. Going through a suspected location's trash for evidence can also be used to corroborate victim accounts. Participants noted the difficulty of maintaining contact with victims so that they can appear in court when cases finally reach oral trial. Ambassador CdeBaca explained that this is the reason why comprehensive victims' assistance is crucial to developing a case, as it increases the possibility that victims will ultimately testify to denounce their captors. -------------- - Lack of Domestic and International Cooperation -------------- - ¶4. (U) Although Argentine law grants jurisdiction to the federal courts to investigate and prosecute traffickers, the workshop trainers emphasized the importance of greater coordination and information sharing between the federal and provincial governments. This cooperation is particularly critical because trafficking networks often act in tandem with other criminal networks, such as drug and arms traffickers. Participants lamented the very limited cross-border information sharing and investigations in South America, and confirmed that even inter-province cooperation in Argentina is deficient. ¶5. (U) Argentine National Director for Migration Martin Arias Duval informed participants that his agency manages a comprehensive immigration database that can be a useful tool for officials investigating TIP. He noted that neighboring countries have similar databases, but acknowledged that the quality of the databases varies considerably and that no cross-country database is currently available. He identified the need to consolidate immigration records from the entire Southern Cone region into one international database and noted that the Inter-American Development Bank is currently considering funding such a project. He concluded his presentation with an appeal for improved coordination, saying that the fight against TIP cannot afford ideological or turf battles. He encouraged the audience to include his agency in developing cases against trafficking networks. ¶6. (U) Participants also noted that some judges and prosecutors have teamed up by creating networks that help to share information about potential trafficking cases. However, in order to effectively combat TIP and other organized crimes, participants argued that judges and prosecutors need to receive greater protection. -------------- -- Can a Victim "Consent" to Her Own Exploitation? -------------- -- ¶7. (U) By far the most passionately discussed topic at the conference was the issue of "consent." Although the current law already recognizes that minors cannot consent to their own exploitation and that any adult consent achieved by deception, coercion, or force is invalid, the majority of the participants argued that the concept of "consent" should be completely erased from the Argentine TIP laws. While recognizing the strong sentiments in the room against the idea that a victim could consent to her own exploitation, Federal Judge and workshop trainer Ariel Lijo argued that this issue is normally easily resolved by introducing evidence of deception, coercion, or force. -------------- "Organ Bank" Allegations -------------- ¶8. (U) In addition to discussing sexual exploitation, the workshop focuses briefly on allegations that traffickers remove and sell their victims' organs. One trainer, Stetson University Law Professor Luz Estella Nagle, characterized this reputed practice as modern-day apartheid, because "the poor are converted into banks of organs for the rich." Although they maintained that removal of victim's organs is more frequently perpetrated in Brazil and China, participants alleged the problem exists in Argentina as well. -------------- -------------- Balancing Victim's Protection with the Need to Pursue Traffickers -------------- -------------- ¶9. (U) Participants emphasized that addressing trafficking required greater attention to ensuring the safety of the victims and their families than did drug or arms trafficking crimes. Federal Judge Lijo said that judicial and law enforcement authorities must evaluate risks at each stage of an investigation, giving priority to victim protection prior to ordering a raid, investigation, or prosecution. Participants admitted that it is difficult to achieve an appropriate balance between protecting victims and pursuing traffickers. ¶10. Participants emphasized that in many instances the victim's testimony is crucial to the prosecution of the traffickers, but that the victim will not wish to testify. Even though Article 23 of the Argentine Criminal Code allows trafficking victims to seek civil damages from their traffickers, many victims remain mute out of fear. Unfortunately, Argentina's witness protection regime only applies to witnesses in drug trafficking cases, making it difficult to provide medium-term protection to human trafficking victims. In addition, participants noted that unlike the U.S. system, Argentina does not allow plea bargaining, which makes it difficult to offer immunity or reduced sentences for key evidence against the leaders of trafficking rings. -------------- ICE Presentation -------------- ¶11. (U) The Mission's Immigration and Customs Enforcement (ICE) Attache supported participation at the event by Special Agent Raul Aguilar, who gave multiple presentations throughout the week explaining how ICE works with foreign, federal, state, and local law enforcement authorities, as well as civil society and the media, to dismantle trafficking networks that prey on the most vulnerable. Using multi-media presentations, he walked participants through a child smuggling case, explaining the factors that went into the decision to investigate a lead developed by media sources, as well as the logistics for and difficulties encountered in conducting an undercover investigation. He also noted the power of the Internet in developing leads and gathering evidence for TIP cases. -------------- Ambassador's Remarks and Press Coverage -------------- ¶12. (U) In her first speech in Argentina since arriving at post six days earlier, the Ambassador closed the event on September 24, congratulating Argentina for its increasing efforts to fight TIP and praising a recent federal court decision that affirmed the principle that no one can consent to their own exploitation. She underscored the USG's commitment to supporting Argentina in eradicating the crime, and encouraged the GOA to effectively prosecute traffickers and to extend its services to victims. Daily newspaper-of-record "La Nacion" favorably reported the event in its weekend coverage. -------------- Comment -------------- ¶13. (U) The TIP training workshop is the first of two organized by local implementing partner Unidos por la Justicia. Post will continue to work with the Argentine government and civil society organizations such as Unidos to strengthen Argentine capacity to effectively combat this important human rights and law enforcement challenge. MARTINEZ