Trafficking in persons

Offences

• Trafficking in children (under 18 years)

Acts Involved

• Recruitment/Hiring
• Transportation
• Transfer
• Harbouring

Means Used

• Deception
• Abuse of power or a position of vulnerability

Exploitative Purposes

• Forced labour or services
• Servitude

Keywords

• Domestic servitude
• Transnational trafficking
• Child Trafficking
• Forced labour or services

Torrico Claros Y Vargas Ricaldez

UNODC No.:
ARG066

Fact Summary

Ms Vargas would have recruited the minor, of 12 years old, promising to bring her to Argentina to study. After transferring her illegally, without documentation, passing her off as her daughter, the victim was receipt by the defendant for a labour exploitation making her perform servitude tasks at home, treating her bad, and not paying her what has been agreed.

The Case was initiated on 30th May 2011 following a presentation made to the Police Station by the minor, who went to there after the niece of a neighbour reported to the police the sayings of the minor regarding alleged beatings and abuses, of which she was victim.

The minor lived in Bolivia with her mother and seven siblings; her mother gave her the permission to go to Argentina with her aunt Cinthia (defendant) and her husband (defendant). The couple had two children, of 1 and 5 years old, of whom she had to take care. Cinthia has told the mother of the minor that she was going to study and that they will give her to eat.

The accused worked in a grocery store, and the victim had to take the kids to school, wash their clothes by hand, cook and clean. On the other hand, Fermin did things to her, hurting her, and touching her. All this frightened her, so she told Jimena, a neighbour.

They all lived in the same room, sleeping the 5 of them in the same bed, until they bought another bed.

The accused treated her badly, they wanted to beat her with a belt, and they pulled her with her hair.

One day, Fermin introduced his penis in her vagina, and as she began to bleed, they told the neighbour, and went to the police.

The minor couldn’t write because she never went to school. Also the accused forced her to be introduced as her niece.

According to the statement by the mother of the minor, it is not apparent that the accused were actually the uncles of the victim. She stated that she would know them because they lived in a place near where she lives.
Sentence Date:
2015-08-05

Keywords

Form of Trafficking:
Transnational
Purpose of Exploitation:
Forced labour or services
Servitude
Means:
Deception
Abuse of power or a position of vulnerability
Sector in which exploitation takes place:
Domestic servitude
Acts:
Recruitment
Transportation
Transfer
Harbouring

Cross Cutting

Liability

... for

• completed offence

... as involves

• principal offender(s)

Application of the Convention

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Bolivia (Plurinational State of)

• Gender Dimension

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

1st Instance:

Court: Oral Federal Criminal Court of Comodoro Rivadavia (Tribunal Oral en lo Criminal Federal de Comodoro Rivadavia)

Location: Comodoro Rivadavia

Date of decision: 5th August 2015

 
 

Victims / Plaintiffs in the first instance

Victim:
Anonymous
Gender:
Child
Age:
12

Defendants / Respondents in the first instance

Defendant:
Fermin Torrico Claros
Gender:
Male
Defendant:
Cinthia Vargas Ricaldez
Gender:
Female


The Attorney General charged them to be co-authors of the crime of trafficking in persons of minor of 13 years old (145 ter of law 26.364) aggravated by the situation of vulnerability of the victim, the deception, the violence and intimidation. He requested 11 years of imprisonment for Fermin, and 10 years of imprisonment for Cinthia.

Charges / Claims / Decisions

Defendant:
Fermin Torrico Claros
Verdict:
Guilty
Charge / Claim:
Recruitment, Transport and Harbouring in purpose of Labor Exploitation of a Minor of 12 years old, between the 20th of January 2011 and the 30th of May 2011.
Legislation / Statute / Code:
145 ter por ley 26.364 (Argentina)

Artículo 145 ter: El que ofreciere, captare, transportare o trasladare, dentro del país o desde o hacia el exterior, acogiere o recibiere personas menores de DIECIOCHO (18) años de edad, con fines de explotación, será reprimido con prisión de CUATRO (4) a DIEZ (10) años.

La pena será de SEIS (6) a QUINCE (15) años de prisión cuando la víctima fuere menor de TRECE (13) años.
Term of Imprisonment:
11 years
 
Defendant:
Cinthia Vargas Ricaldez
Verdict:
Guilty
Charge / Claim:
Recruitment, Transport and Harbouring in purpose of Labor Exploitation of a Minor of 12 years old, between the 20th of January 2011 and the 30th of May 2011.
Legislation / Statute / Code:
145 ter por ley 26.364 (Argentina)

Artículo 145 ter: El que ofreciere, captare, transportare o trasladare, dentro del país o desde o hacia el exterior, acogiere o recibiere personas menores de DIECIOCHO (18) años de edad, con fines de explotación, será reprimido con prisión de CUATRO (4) a DIEZ (10) años.

La pena será de SEIS (6) a QUINCE (15) años de prisión cuando la víctima fuere menor de TRECE (13) años.
Term of Imprisonment:
10 years
 

Court

Oral Federal Criminal Court of Comodoro Rivadavia (Tribunal Oral en lo Criminal Federal de Comodoro Rivadavia)

build 450 2019-12-03T15:56:43.427+01:00