US embassy cable - 05MANILA5710

UNCLAS SECTION 01 OF 02 MANILA 005710 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR EAP, EAP/MTS, G/TIP, EAP/MLS, EAP/RSP, INL, DRL/IL, 
DRL/CRA, EAP/PD 
DEPARTMENT PLEASE PASS USAID FOR ANE/TS - L. SAULS 
LABOR FOR ILAB 
BEIJING FOR AMBASSADOR JOHN R. MILLER 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, KWMN, ELAB, KCRM, RP, MY 
SUBJECT:  TIP:  TWO DEFENDANTS SENTENCED TO LIFE 
IMPRISONMENT UNDER ANTI-HUMAN TRAFFICKING LAW 
 
REF: A. MANILA 5633 
 
     B. MANILA 5373 
     C. MANILA 5326 
     D. MANILA 4984 
 
1.  (U) This message is Sensitive but Unclassified -- Please 
handle accordingly. 
 
2.  (U) Summary:  On December 5, a regional court in 
Zamboanga City, Mindanao, sentenced two members of a 
trafficking syndicate to life imprisonment for recruiting a 
victim and selling her to a brothel in Malaysia.  This marks 
the first jail sentence handed down under the Philippines' 
2003 anti-trafficking law.  Regional prosecutors attributed 
the relative speed of the case (four months from start to 
finish) to close cooperation between their office and 
police, and the high priority the judge gave the trial. 
Word of the convictions has been played up in the press. 
The convictions were a signal event, but need to be followed 
up by additional prosecutions and convictions.  End Summary. 
 
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Court Hands Down Life Sentences 
------------------------------- 
 
3.  (U) The Ninth Regional Trial Court in Zamboanga City 
located on the island of Mindanao in the southern 
Philippines sentenced two traffickers to life imprisonment 
and a fine of 2.5 million pesos (USD 47,000) on December 5. 
(Note:  The trial judge issued the decision on November 29, 
but it was officially promulgated on December 5.  End Note.) 
The court also ordered the accused to pay 100,000 pesos (USD 
1880) for "moral and exemplary damages plus court costs" to 
the victim.  The judge found both defendants guilty of 
"qualified" trafficking under Republic Act 9208, the 
Philippines anti-trafficking in persons act of 2003, and 
illegal recruitment, both of which carry life prison 
sentences.  The case marks the first convictions under R.A. 
9208 resulting in a jail sentence.  (Note:  In November, 
three individuals pled guilty to a minor offense under R.A. 
9208 and received a sentence of six months of community 
service -- see ref A.  End Note.) 
 
4.  (U) According to the court's December 5 finding, three 
individuals (all Filipino nationals) associated with a 
trafficking syndicate recruited the victim, a Filipino 
national, for a job in a restaurant in Kota Kinabalu, 
Malaysia, in exchange for a 28,000 peso (USD 530) placement 
fee.  After obtaining false documents, the traffickers 
escorted the victim to Malaysia, where they sold her to the 
owner of the "Pipen Club" on Labuan island in Sabah.  From 
June 14 to July 8, 2005, the victim was forced to service 
sexually several customers per night and was beaten on 
several occasions before escaping with the help of relatives 
living in Malaysia.  She returned to Zamboanga and filed a 
complaint with police there on August 2, 2005.  The police 
arrested the two suspects who were convicted on December 5, 
and charged them with trafficking and illegal recruitment. 
A third suspect named in the complaint remains at large. 
 
5.  (U) The two convicted traffickers are expected to 
appeal.  They remain incarcerated. 
 
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Prosecutor's Remarks 
-------------------- 
 
6.  (SBU) In a December 5 meeting with Ambassador John 
Miller of G/TIP held in Zamboanga, Regional State Prosecutor 
Ricardo Cabaron -- who personally directed the case -- said 
his office had been able to move the case forward so quickly 
(four months from arrest to convictions) because of close 
prosecutorial cooperation with local police and strong 
support from local officials.  Cabaron also noted that the 
judge had made the case a high priority and held weekly 
"marathon" hearings until it was resolved.  (Note: 
Ambassador Miller visited the Philippines from December 3-6. 
Please see Septel report on his visit.  End Note.) 
 
----------------------- 
Positive Press Reaction 
----------------------- 
 
7.  (U) Word of the convictions has been played up in the 
press.   The Philippine Department of Justice released a 
statement detailing the case and the sentencing decision on 
December 6, which received coverage.  Several national 
newspapers also ran articles about the convictions quoting 
Ambassador Miller's comments referencing the matter during 
his December 6 press availability.  A December 6 editorial 
in the Philippine "Inquirer," a major national newspaper, 
praised the convictions as long overdue.  Zamboanga City 
Mayor Celso Lobregat was quoted by the press as stating at a 
December 6 press conference: "This should serve as a warning 
against human traffickers that the city is serious in the 
prosecution of anti-trafficking." 
 
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Comment 
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8.  (SBU) The speed with which the case sailed through is 
remarkable.  Cases of all kinds in the Philippines typically 
take two to three years to complete due to an overburdened 
court system, intermittent hearings, and poor police- 
prosecutor cooperation.  Officials in Zamboanga were among 
the first to receive USG-funded training in how to build 
effective cases under the anti-trafficking law in June 2005 
-- see ref D.  The convictions were very good news, but need 
to be followed up by additional prosecutions and 
convictions. 
 
9.  (U) Ambassador Miller did not have the opportunity to 
review this message. 
 
JONES