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OO RUEHWEB

DE RUEHQT #2681/01 3102242
ZNR UUUUU ZZH
O 062242Z NOV 06
FM AMEMBASSY QUITO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5604
INFO RUEHC/DEPT OF LABOR WASHDC IMMEDIATE
RUEAHLC/HOMELAND SECURITY CENTER WASHDC IMMEDIATE
RUEHBO/AMEMBASSY BOGOTA PRIORITY 6135
RUEHCV/AMEMBASSY CARACAS PRIORITY 2139
RUEHLP/AMEMBASSY LA PAZ NOV 0191
RUEHPE/AMEMBASSY LIMA PRIORITY 1117
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 1379
RHMFISS/CDR USSOUTHCOM MIAMI FL

UNCLAS QUITO 002681 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR WHA/PPC, WHA/AND, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL EC
SUBJECT: GOE GAINS FIRST CONVICTION UNDER NEW TIP LAW 
 
¶1.  (U) Summary:  Prosecutions against trafficking in persons 
(TIP) are starting to gain traction in Ecuador, with El Oro 
province prosecutors winning a maximum sentence and the first 
conviction under the new anti-TIP law passed in June of 2005. 
 Other big cases are proceeding to trial, and we expect to 
report on further successes in the near and medium term.  We 
expect continued GOE commitment to combat TIP, regardless who 
wins the presidential runoff election.  However, the role of 
the First Lady, who has been key to progress during the 
Palacio government, will vary depending on which candidate 
wins on November 26.  End Summary. 
 
Prosecutions Bearing Fruit 
-------------------------- 
 
¶2.  (U) In El Oro province, Ecuador gained its first 
conviction and sentencing under anti-TIP legislation passed 
last year.  A judge sentenced Ricardo Javier Paredes Cevallos 
to 12 years in prison for the forced prostitution of two 
underage girls in Machala.  In applying the maximum sentence, 
the judge noted that the girls were taken from Guayaquil and 
forced to work in a Machala brothel.  The judge also noted 
that a minor's consent is irrelevant under Article 528-17 of 
the Criminal Code.  The defendant was arrested in a raid by 
child welfare police ("DINAPEN") and the case was prosecuted 
by designated El Oro TIP Prosecutor Lucy Blasio. 
 
¶3.  (SBU) The "La Luna" case (named for an infamous 
nightclub), involving a sensational bust in Quito garnering 
substantial media attention, has been used as a model in much 
of the American Bar Association's anti-TIP training.  The 
case was cleared for trial on October 25 after the arrests in 
January of five suspects charged with prostituting minors. 
(Note:  Under Ecuadorian legal procedure clearing a case for 
trial is the last step in the pre-trial phase, and occurs 
only after the judge decides there is enough evidence for 
trial and resolves any other pre-trial issues.  End Note.) 
The Quito TIP prosecutor, Thania Moreno, estimated to PolOff 
that the La Luna trial would start in December.  The case 
involves 11 minors in forced prostitution moved from city to 
city against their will and with false documentation of their 
age.  Moreno has received death threats related to this case 
and has been assigned two 24 hour under-cover agents.  Since 
their rescue, victims have received psychological, medical 
and legal assistance, job skills training, education and 
family protection via the Public Ministry's Victim Witness 
and Protection Program. 
 
¶4.  (SBU) Another case, referred to as "Colegio Master" and 
involving a child pornography production bust, has also been 
cleared for trial.  Moreno told PolOff she estimates this 
case will be tried in December.  Four adult employees of a 
secondary school are a charged with producing pornography 
involving many underage girls attending the school. 
 
First Lady Support In Play 
-------------------------- 
 
¶5.  (SBU) Current First Lady Maria Paret de Palacio has been 
a strong leader of the GOE fight against TIP from her perch 
as director of the Ecuadorian National Institute for Children 
and Families ("INNFA"), the government agency charged with 
protecting adolescents and their families.  That strong 
leadership is likely to continue should Alvaro Noboa be 
elected.  His wife, Anabella Azin, the top vote-getter for 
Congress representing populous Guayas province, has already 
publicly confirmed she would accept the INNFA Directorship, 
which is traditionally offered to the First Lady.  As a 
medical doctor, a popular member of Congress, and key advisor 
to her husband, Azin will likely become a powerful leader of 
the continuing fight against TIP. 
 
¶6.  (SBU) In contrast, Rafael Correa's wife, Anne Malherbe, 
has repeatedly rejected any formal role for herself under a 
Correa presidency, saying she wishes to stay completely out 
of politics and the public eye.  We are uncertain of Correa's 
personal views on TIP, but have no reason to believe he will 
not see a mutual interest in ridding Ecuador of this scourge. 
 Even if his foreign-born wife chooses not to play a public 
role on the issue, we expect the new INNFA leadership to take 
up the charge. 
Comment 
------- 
 
¶7.  (SBU) Regardless who wins, we will continue to work with 
the GOE in the fight against TIP, and believe the GOE will 
respond in kind.  The first conviction under the new TIP law 
reflects the societal consensus to make progress, and comes 
even as Ecuador's court system has been struggling to regain 
its footing after a period of prolonged institutional 
turmoil.  This major step forward reflects ongoing GOE 
commitment to implement the new TIP law, empower 
specially-designated TIP prosecutors and police, conduct 
victim and witness protection programs and to welcome 
ABA-sponsored judicial training.  Looking ahead in the near 
term, in addition to more successful prosecutions of existing 
cases, we are expecting a new anti-TIP phone hotline to lead 
to more arrests. 
JEWELL