VZCZCXYZ0003
RR RUEHWEB

DE RUEHBU #1103/01 2781432
ZNR UUUUU ZZH
R 051432Z OCT 09
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC 4437
INFO RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/HQ BICE INTEL WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUCNMER/MERCOSUR COLLECTIVE

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