VZCZCXYZ0002
RR RUEHWEB

DE RUEHBU #1592/01 3281721
ZNR UUUUU ZZH
R 231721Z NOV 08
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC 2519
INFO RUCNMER/MERCOSUR COLLECTIVE

UNCLAS BUENOS AIRES 001592 
 
SIPDIS 
 
WHA/PPC FOR SCOTT MILLER 
G/TIP BARBARA FLECK 
 
E.O. 12958: N/A 
TAGS: KTIP KCRM KWMN PGOV PHUM PREL SMIG AR
SUBJECT: ARGENTINA: 2008 TIP INTERIM ASSESSMENT 
 
REF: STATE 111306 
 
 ¶1.  Per Reftel instructions, below is post,s interim 
assessment of Argentina,s progress in its efforts to combat 
trafficking in persons (TIP).  Our response is keyed to 
points found in reftel. 
A) IMPLEMENTING THE RECENTLY ENACTED FEDERAL ANTI-TRAFFICKING 
LAW, INCLUDING ISSUANCE OF REGULATIONS OR OTHER MEASURES TO 
BRING THE NEW LAW FULLY INTO FORCE 
Argentina has demonstrated progress in implementing the 
recently enacted federal anti-trafficking law.  Since the law 
came into force on April 30, the Ministry of Justice (MOJ) 
has directed each of the four internal security agencies, the 
Federal Police, Gendarmeria (Border Patrol), Prefectura 
(Coast Guard), and the Airport Security Police to create a 
new anti-TIP investigations unit.  Justice Minister Anibal 
Fernandez has also appointed his Chief of Cabinet, Dr. 
Silvina Zabala, to oversee the MOJ's First Responder Office 
for the Rescue and Immediate Assistance of Trafficking 
Victims which coordinates investigations and provides initial 
assistance to trafficking victims.  According to Dr. Zabala, 
there is no need to issue implementing regulations, as the 
law is already in force. 
 
B) INCREASING LAW ENFORCEMENT EFFORTS TO INVESTIGATE, 
PROSECUTE, CONVICT, AND SENTENCE TRAFFICKING OFFENDERS, 
INCLUDING CRIMINAL CASES AGAINST ALLEGEDLY COMPLICIT PUBLIC 
OFFICIALS 
According to MOJ statistics provided to the Ambassador on 
November 14, internal security agencies under MOJ authority 
have conducted 118 raids, arrested 120 people suspected of 
human trafficking, and rescued 133 victims during the period 
of April 29 to November 13.  The victims included 51 minors, 
68 adults, and 14 victims whose age could not be determined. 
Dr. Zabala told poloff in a November 5 meeting that since her 
office began operations on August 6, 85 people had been 
arrested in connection with human trafficking, but only 33 
remain in detention.  She noted that her office has had 
difficulties with some federal judges who have not granted 
extensions to law enforcement authorities to give them more 
time to obtain testimony from potential trafficking victims. 
(Note:  According to Argentina's Criminal Procedural Code, 
law enforcement officials may detain people for a maximum of 
10 hours.  In addition, law enforcement officials can only 
interrogate witnesses at the crime scene.  After that, judges 
with jurisdiction over the case are in charge of summoning 
witnesses for questioning.)  In one case, a federal judge not 
only ordered the release of suspects, but also instructed 
potential trafficking victims to return to their captors, she 
claimed.  This demonstrates the need for advanced anti-TIP 
training for judges, she said.  She pointed out, however, 
that the Ministry of Justice does not have control over the 
judiciary branch.  Minister Fernandez reiterated the point in 
a November 14 meeting with Ambassador Wayne, when he noted 
that the actions of prosecutors were not under his authority. 
 
Although Argentina has not prosecuted, convicted, or 
sentenced trafficking offenders under the new TIP law, it is 
important to note that Argentina's judicial system is 
extremely overburdened, and members of the Supreme Court as 
well as NGOs deem the system's administrative and budgetary 
support as inadequate.  As a result, suspects are often held 
in pre-trial detention for an average length of three years 
before their case is tried.  At present, Argentina's judicial 
system is modeled after Europe's inquisitorial system. 
Although the 1994 constitution provides for transition to an 
accusatory system, implementing legislation has not been 
passed.  The province of Cordoba transitioned to an 
accusatory system over 50 years ago and the province of 
Buenos Aires made the transition 10 years ago.  Both 
provinces have judicial police in charge of investigations 
and answer to their respective provincial Attorney General. 
 
At the federal level, investigative judges have been 
reluctant to give up their investigative authority.  As a 
result, many features of the inquisitorial system remain. The 
GOA's goal is to implement the system at the federal level, 
which would transfer investigative responsibilities from 
federal judges to the prosecutors and help improve due 
process.  In addition, there are efforts to improve judicial 
efficiency and improve case management, but the system needs 
a significant increase in the number of judges and 
prosecutors in order to make a real dent in the caseload. 
Trials for trafficking in persons cases are subject to these 
constraints. 
 
C) IMPROVING EFFORTS TO GATHER LAW ENFORCEMENT DATA ON 
TRAFFICKING CASES THROUGHOUT THE COUNTRY 
As reported above, the MOJ's anti-TIP unit is now collecting 
law enforcement data on trafficking cases throughout the 
country.  Their Criminal Intelligence Unit intends to use 
this information to create a crime map to better assist in 
law enforcement efforts to crack down on human trafficking 
rings. 
D) DEDICATING MORE GOVERNMENT RESOURCES FOR THE PROTECTION OF 
TRAFFICKING VICTIMS, PARTICULARLY SHELTER SERVICES 
The MOJ continues to provide financial assistance to the 
Maria de los Angeles Foundation, which has opened a shelter 
in Tucuman province which provides comprehensive legal, 
medical, and psychological assistance to trafficking victims. 
 This is the only shelter in Argentina dedicated to TIP 
victims. 
 
According to Dr. Zabala, the MOJ's First Responder Office for 
the Rescue and Immediate Assistance of Trafficking Victims 
refers minor and adult trafficking victims rescued in the 
City or Province of Buenos Aires to the Ministry of Social 
Development's Secretariat for Children, Adolescents, and the 
Family (SENAF).  SENAF is the agency responsible for 
referring victims to existing social and medical assistance 
programs.  Victims located in other provinces are usually 
lodged in shelters run by the relevant provincial Human 
Rights Secretariat. 
 
While the Prosecutor General's Office of Victim's Assistance 
has lost the intra-GOA lead in providing assistance to 
trafficking victims to the MOJ First Responder unit and 
SENAF, it continues to provide assistance on an as-needed 
basis. 
 
In addition, the Prosecutor General has transferred TIP 
investigation responsibilities from the Unit to Investigate 
Crimes against Sexual Integrity and Trafficking in Persons 
(UFISEX) to the Unit to Assist Investigations into Kidnapping 
and Extortion Crimes (UFASE). 
 
The MOJ conducted a training seminar for law enforcement 
officials in the northern provinces of Misiones (in October) 
and Salta (in November).  In a meeting with the Ambassador on 
November 14, Minister Fernandez described his Ministry's 
efforts to train internal security forces and ensure that 
they do not blame trafficking victims for whatever illegal 
activities in which they might be involved.  He said his 
instructions to security forces were to briefly question 
trafficking victims to try to ascertain relevant information 
about trafficking networks before handing them over to social 
services for assistance.  Fernandez also provided a copy of a 
Ministry-produced public awareness advertisement featuring a 
new "800" number hotline that will be launched nationally in 
the near future.  The advertisement says: "Trafficking in 
Persons.  You are not to Blame.  You are the Victim. 
Denounce the Crime."  He said he hoped that the campaign 
would not only raise public consciousness but help efforts to 
get judges and prosecutors fully engaged in anti-TIP efforts. 
 Minister Fernandez expressed hope that the ad campaign would 
help bring more attention to forced labor situations too, as 
several of the ads focus on this phenomena. 
WAYNE