Case Law Database

Trafficking in persons

Acts Involved

• Recruitment/Hiring

Means Used

• Deception
• Abuse of power or a position of vulnerability

Exploitative Purposes

• Forced labour or services
• Slavery or practices similar to slavery

Keywords

• Internal trafficking

Juan Carlos SalazaR

Fact Summary

Juan Carlos Salazar, owned a clandestine textile fabric where people were forced to work. One of this workers, the victim, a Bolivian immigrant managed to escape with his family from a clandestine textile factory in Buenos Aires, told authorities of horrid living and working conditions and exploitation by his employers. With the support of a community organization and the backing of the city ombudsperson's office, the immigrant brought charges against his former boss in October 2005. But the factory owner was only held in remand for 15 days, until a judge ruled that there was no merit to the complaint.

When the victim started working, Salazar promised to pay him per garment produced. "We reckoned that I would earn 1,500 pesos a month. But when payday rolled around, Salazar would say he didn't have the money, or that he'd better keep it for me until the end of the year so I wouldn't spend it all," the victim said.

The boss would give him 20 pesos ($ 6.50) as an "advance." The food included in the contract was for "employees" only. "In order for my children (aged 5, 7 and 8) to eat, we had to go hungry ourselves," said the victim.

Parque Avellaneda is a neighbourhood on the west side of the Argentine capital. In this district alone, there are approximately 40 small sweatshops, according to investigators. The textile factories, which operate in what are ostensibly private homes, produce clothes for top-line labels like Montagne or Lacar. The workers are Bolivian immigrants who are drawn to this country by the promise of a good income and a place to live. But soon after they arrive, many of them discover a hell on earth.
"There were cables on the floor and running up the walls, and three sewing machines in use day and night, right next to our beds," he added.

Commentary and Significant Features

- The verdict has been appealed and the investigation continues in this case.
- Argentina
ratified the U.N. Convention Against Transnational Organized Crime and its three protocols on trafficking in persons, smuggling of migrants, and illicit manufacturing of and trafficking in firearms, parts and ammunition, which went into effect in 2003.

But at the time of receipt of this case, Argentina had not yet passed a federal law clamping down on trafficking in persons, as stipulated by the Convention and its protocols.

Keywords

Acts:
Recruitment
Means:
Deception
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Forced labour or services
Slavery or practices similar to slavery
Form of Trafficking:
Internal
Sector in which exploitation takes place:
Factory/Manufacturing

Procedural Information

Legal System:
Civil Law
 

Victims / Plaintiffs in the first instance

Victim:
Anonymous
Gender:
Male
Nationality:
Bolivian

Defendants / Respondents in the first instance

Number of other accused:
1
Defendant:
Juan Carlos Salazar
Gender:
Male
Nationality:
Bolivian

Charges / Claims / Decisions

Defendant:
Juan Carlos Salazar
Charge details:
Trafficking in persons, forced labour, and violation of the law on home-based work