National Director of Articulation with the Prosecutor Offices

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Presentation transcript:

National Director of Articulation with the Prosecutor Offices Consultative Meeting on Strengthening Partnerships with National Rapporteurs on Trafficking in Persons and Equivalent Mechanisms TRAFFICKING IN PERSONS IN ARGENTINA Dra. Paula Honisch National Director of Articulation with the Prosecutor Offices

Multi-agency Intervention Normative Situation Palermo Protocol Increment the effective prosecution of trafficking in persons and its related crimes Increase the array of rights for the protection and comprehensive assistance of the victims In 2008, the Republic of Argentina sanctioned the “PREVENTION AND PUNISHMENT OF TRAFFICKING IN PEOPLE AND ASSISTANCE TO ITS VICTIMS” law. In 2012 it was modified in order to:   Executive Legislative Judiciary Civil Society Multi-agency Intervention

Protection and comprehensive assistance of the victims “PREVENTION AND PUNISHMENT OF TRAFFICKING IN PERSONS AND ASSISTANCE TO ITS VICTIMS” LAW Punishability Effective prosecution of the crime of trafficking in persons and its related crimes Elimination of the value of “consent” for the establishment of the criminal offense Elimination of the means defined in the Protocol (When used they aggravate the penalty) Victims Protection and comprehensive assistance of the victims It is provided entirely by the State Non-punishability of the victim Institutionalized coordination mechanisms Federal Counsil Executive Committee National Plan for the Fight against Trafficking and Exploitation

Comprehensive assistance of the victims The Argentine Republic guarantees the victims, among other rights, the following : National Accompanying Programme to the Victims of the Crime of Trafficking in Persons National Secretariat for Childhood, Adolescence and Family Local Assistance Bodies Medical, psychological and social attention Shelter, food, clothing Legal counselling Possibility of settlement Possibility to return to their original countries Educational reintegration Job training and financial support The Argentine Republic has a compromise against taking any measure that could involve the deprivation of liberty of any trafficking victim, including deportation.

Crime prosecution and investigation Judge/ District Attorney Police Forces Assistance bodies Other actors Control Agencies National Department of Migration   Federal Administration of Public Revenues (AFIP) Ministry of Labor Consulates NGO

Active policies to fight the crime Forces Areas of the Ministry Intra-ministerial group of anti trafficking Other actors

COMPREHENSIVE STRATEGY AGAINST TRAFFICKING IN PERSONS Prevent the crime Punish the offenders Protect the victims COMPREHENSIVE STRATEGY AGAINST TRAFFICKING IN PERSONS

COMPREHENSIVE KNOWLEDGE OF THE CRIME measure its impact design effective policies… Prioritize the place of criminal information… COMPREHENSIVE KNOWLEDGE OF THE CRIME

Sharing of INFORMATION SISTRATA: integrated system of criminal information of trafficking in person This system aims to integrate and consolidate in a systematic and uniform way, the information collected from procedures or tasks performed on trafficking in persons and related crimes by Police Corps and Federal Security Forces. Articulation with other ACTORS (national, local, regional, NGO) Incorporation of new information SOURCES Sharing of INFORMATION

Components of the SISTRATA Routes used for transportation Trends Patterns Modalities Mutations Routes Places and critical industries Forces performance JUDICIAL CASE TASKS VICTIMS OFFENDERS SEIZED OBJECTS

COMPLAINTS MANAGEMENT MINISTRY OF SECURITY 911 145 0800 Proactive prosecution Dissemination of COMPLAINT CHANNELS COORDINATED SYSTEM OF COMPLAINTS MANAGEMENT: Citizens report instances of trafficking freely and anonymously Unified management through the MINISTRY OF SECURITY Coordination with the specialized Prosecutors Offices

TOOLS FOR THE DETECTION AND INVESTIGATION OF THE CRIME

PROTOCOL FOR THE EARLY DETECTION OF CASES OF TRAFFICKING IN PERSONS IN BORDER CROSSINGS . This tool was designed jointly between: Ministry of Security National Department of Migrations (NDM) Through said tool migration and security agents have been trained to detect cases of human trafficking, mainly during the transfer stage, and were given clear procedure guidelines. RECRUITMENT TRANSPORTATION Furthermore, between the Ministry of Security and the NDM was established a general framework of cooperation to design and develop joint activities aimed to prevent, detect and investigate the crime.

Prevention activities GUIDE OF REGIONAL INTERVENTION FOR THE EARLY DETECTION OF SITUATIONS OF TRAFFICKING IN PERSONS IN BORDER CROSSINGS The Guide was elaborated by the Ministry of Security of Argentina and approved by the State members of “MERCOSUR” and their Associated States Share information Prevention activities Trainings Victim’s Profiles Guide of resources Commitment taken by the signing States: Decision to allow the entrance of victims to their countries even when they do not comply completely with the migrating requirements.

PROTOCOL FOR THE EARLY DETECTION OF SITUATIONS OF TRAFFICKING IN PERSONS IN VEHICLE CONTROLS IN ROUTES Vehicle control Passengers control Documentation control Luggage control INTERVENTION GUIDELINES Depending on the vehicle type Useful indicators to detect victims and suspected offenders INDICATORS AND GUIDE QUESTIONS Comprehensive assistance of the victims Communication with judiciary operators COURSE OF ACTION Through the analysis of information, not only was it established that the offender usually transfer their victims using the same routes, but also it was noticed that it was a scenario to detect cases in a transfer stage. In order to choose in which route a control will be done, the criminal information collected in the “SISTRATA” constitutes an essential input.

PROTOCOL OF INTERVENTION FOR THE RESCUE OF VICTIMS OF TRAFFICKING IN PERSONS Procedure lines have been established for the efficient rescue of victims, trying to reduce intervention risks and to increase the possibilities of investigation success, thus, reducing the possibilities of secondary victimization as well PLANNING OF THE PROCEEDING GUIDELINES FOR THE DEVELOPMENT OF THE PROCEEDING REGULATION ON INFORMATION COLLECTION AND COMMUNICATION  

This Protocol was signed by 20 out of the 24 provinces of Argentina. PROTOCOL OF INTERVENTION FOR THE RESCUE OF VICTIMS OF TRAFFICKING IN PERSONS This Protocol was signed by 20 out of the 24 provinces of Argentina. This tool develops a system that: Standardizes police intervention Facilitates articulation with judges and district attorneys Incorporates Criminal Information from provincial police forces in the “SISTRATA” Provinces that signed the Protocol Provinces that haven´t signed the Protocol

ORIENTATIVE GUIDE FOR THE RECEPTION OF COMPLAINTS ABOUT THE CRIME OF TRAFFICKING IN PERSONS IN OFFICES OF THE SECURITY FORCES AND POLICE BODIES The document aims at standardizing the police criteria when receiving complaints in order to facilitate the subsequent investigation of the case. The information which arises from the complaints is also complied with and consolidated by the MINISTRY OF SECURITY, and is used to complement the “SISTRATA”. The document details a series of indicators and guide questions, and standardizes the intervention guidelines.

Evolution of the interventions made by the Police Corps and Federal Security Forces Source: Ministry of Security based on SisTrata information on 2011/12/13 years and information provided by the Rescue and Support Office for Victims of Trafficking (years 2008, 2009 and 2010). Mesa Permanente de Coordinación Interadministrativa sobre el Delito de Trata

Results on crime prosecution Specialized Prosecutor's Office (since 2008) 100 offenders convicted 500 suspects indicted

THANK YOU/ DANKE/ MUCHAS GRACIAS!!! Paula Honisch National Director of Articulation with the Prosecutor Offices E-mail: paula.honisch@minseg.gob.ar Tel: 0054-11-4809-1621