US embassy cable - 05MANILA1815

UNCLAS MANILA 001815 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/PMBS, EAP/RSP - SU, G/TIP - NORIN, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, KWMN, KCRM, RP 
SUBJECT: NEW TIP-RELATED ARRESTS AND PROSECUTION 
INSTRUCTIONS 
 
REF: A. MANILA 1618 
 
     B. MANILA 971 
     C. STATE 61855 
 
1.  (U)  Summary.  Four new TIP criminal cases are in the 
works, following a raid on a suspected brothel in what the 
National Bureau of Investigation (NBI) described as a new 
series of TIP-related raids.  The DoJ has issued unequivocal 
instructions to prosecutors to give "preferential attention" 
to TIP cases and to reject attempts by defense attorneys to 
call for dismissals of cases in which the victims recant 
their testimony.  A new USG assistance program to NBI should 
begin soon after the signing of a proposed LOA. End Summary. 
 
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Latest arrests and rescues 
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2.  (SBU)  Acting on a tip, NBI agents on April 11 raided two 
suspected brothels, where they rescued 50 women, including 17 
under-age girls.  They arrested four individuals on suspicion 
of trafficking in persons and on April 12 turned the cases 
over to the Department of Justice (DoJ) for prosecution.  One 
of the four designated TIP prosecutors is handling the case 
and is processing cases under the "Anti-Trafficking in 
Persons Act of 2003" (Republic Act 9208).  DoJ has filed 
charges against a total of seven people, including the club 
owner, although three remain at large.  The prosecutor will 
conclude the required preliminary investigation before the 
case can go to court. 
 
3.  (SBU)  According to NBI contacts, NBI has also obtained a 
search warrant for a Manila brothel wherein agents suspect 
TIP victims.  They expect to make this raid "within days," 
and are seeking to undertake a new pace of two TIP-related 
raids per week. 
 
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Clear guidance on TIP prosecutions 
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4. (U)  In an effort to accelerate anti-TIP prosecutions, 
Secretary of Justice Raul M. Gonzalez on April 12 issued DoJ 
 
SIPDIS 
"Circular 18" addressed to all prosecutors, instructing that 
"all cases involving violations of R.A. No. 9208 shall be 
given preferential attention" and that all pending cases 
"should be resolved immediately."  Gonzalez also formally 
ordered all prosecutors "vigorously" to oppose "and/or 
manifest strong objection" to any and all motions for 
dismissal based on lack of testimony, an unfortunately common 
phenomenon as victims often recant their statements due to 
enticements or threats from accused traffickers.  According 
to Interagency Council Against Trafficking IACAT Secretary 
Robert Larga, this circular is now in the training materials 
for the scores of anti-TIP prosecutors that DoJ will 
designate in May (ref a). 
 
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Comment 
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5.  (SBU)  The NBI's Anti-Human Trafficking Division appears 
to be operating with more energy and initiative, while the 
quick turnover of these most recent cases to the prosecutor 
is particularly encouraging.  Once both governments sign a 
proposed new LOA (ref c), the USG will be able to provide 
$34,930 worth of assistance to NBI to assist in its 
investigations and care of TIP victims, a welcome further 
step in USG-GRP cooperation against TIP. 
Ricciardone