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SeguridadsaPantalan Exercise 01-2015

Tabletop Exercise
Scenario 1: Rescue of human trafficking victims

Inject 1

ALDUB Foundation, a Non-Government Organization handling female victims of Human


Trafficking received a call on their hotline number from a certain Rheana who lives in
Samar, Leyte. RHEANA is a former victim of Human Trafficking that been exploited in
Jordan 6 years ago. She managed to escape, returned home and decided to remain
silent about what happened to her in Jordan to because of shame. Rheana gave the
information that 15 females from their hometown, including her friend Doris, were being
recruited by her previous recruiter, a certain Lolanidora. She warned Doris about the
recruiter but unfortunately DORIS chose not to believe her because of the lucrative
amount of the promised salary for the work offered as a waitress in Jordan, as her
family needs money to rebuild their home that been destroyed by the typhoon Haiyan.

Rheana, based on her experience, told the foundation that these girls will be brought to:

Jordan via Indonesia - Malaysia route using Davao Seaport as transit.


(for Davao group)

Jordan via Indonesia - Malaysia route using General Santos Seaport as transit.
(forGensan group)

Jordan via Malaysia route using Zamboanga Seaport as transit.


(for Zamboanga group)

ALDUB Foundation refers this information to RIACAT.

Things to look into:

1. What are the roles/responsibilities of Anti-Trafficking in Persons Task Force in this


situation?
2. How should a case conference be conducted on this matter?
3. How the agencies concerned would validate the information?
4. With whom should these information be shared?
5. How would the information be disseminated to non-law enforcement agencies or
personnel?
6. What would be the initial actions of the agencies concerned responding to the
situation?
ANSWERS:

1. ESTABLISH / FOLLOW SOPS

A. Initiate Case Build-up

Under Sec. 8 (a) Law enforcement agencies are mandated to immediately


initiate investigation and counter-trafficking intelligence gathering upon receipt of
statements or affidavits from victims of trafficking, migrant workers, or their families
who are in possession of knowledge or information about trafficking in persons
cases. Thus, in this case, LEAs shall conduct case build-up in the following
manner:

1. The agency that initially receives the information shall forward the same to
the TASK FORCE HEAD/SECRETARIAT/TECHNICAL ASSISTANT

2. TF Head shall assess/evaluate whether there is a need for:

i. Validation or coordination with the DOJ-IACAT QRT, other RIACAT or other


agencies OR
ii. Case Conference, which may result to:
- Further intel gathering activities
- Immediate Operation

B. IF FURTHER INTELLIGENCE-GATHERING ACTIVITIES:

1. Call for case conference with intelligence group needed as per


assessment of the TF Head
2. Referring agency (if not an intelligence unit), may participate in the case
conference as an observer to provide technical and logistical assistance
3. Conduct follow-up case conferences thereafter to assess additional intel
gathered

C. IF FOR IMMEDIATE OPERATION:

1. Call for case conference TF MEMBERS that will participate in the


operation as per assessment of the TF Head.
2. TF Head shall determine lead LEA, and other agencies as needed.
Referring agency (if not part of the TF), may participate in the case
conference as an observer to provide technical and logistical assistance
3. Conduct OPERATION based on an operational plan.
4. It is highly recommended that a SEARCH WARRANT be obtained to
secure vital evidence for successful prosecution. The application of the
Search Warrant shall be supported by the following:
a. AUTHORITY to apply for the SW
b. Affidavit of the Deponent
c. Layout/Specific description of the place to be searched
d. Location Map
e. Description of the things or articles to be seized

5. However, if the area/ location of operation is a hotel, motel, or other


commercial establishment where movement of people maybe done at any
time, operation may proceed on the premise that TIP is a continuing
offense (Sec. 36, RA 10364).

2. HOW A CASE CONFERENCE IS CONDUCTED

A. The Task Force Head shall determine the need for the conduct of case
conference
B. He/She shall contact the TF Members that have been pre-determined as
necessary for the case conference (dependent on the expertise of the
agency/unit)
C. A time and venue is set. The subject of the case conference shall be divulge
only upon the discretion of the TF Head
D. Conference minutes/record is to be taken by the Technical Assistants of the
DOJ-IACAT on a rotational basis
E. Must be headed/led by the TF Head and/or the Specialist Prosecutor on Duty
F. Decisions must be consultative of the TF members. However, final
assessment as to the course of action shall always be the discretion of the
Task Force Head/Specialist Prosecutor on Duty, taking into consideration the
following:

1. If an Operation is decided upon, a pre-operation briefing shall be


conducted where secrecy and discipline shall be strictly observed

2. All rescue operations shall not proceed without the assistance of a


registered social worker from the DSWD, CSWD (LSWDO) or an
accredited NGO

3. The SOCIAL WORKERS shall be the one to assist the victims from their
rescue until their proper turn-over to the appropriate shelter

4. The operating units shall observe rights-based, gender and child sensitive
approach in the conduct of the operation

5. In all TIP operations, safety and security of the victims shall be the
paramount concern
6. As much as possible, processing of the offenders and victims shall be
done in separate facilities. In no case shall the victims and perpetrators
be grouped together in the same vehicle or room while the investigation is
ongoing

7. All TF Members involved in the intelligence-gathering, operation,


investigation and prosecution shall abide by the confidentiality provision of
RA No. 10364

8. The following pieces of evidence (duly marked signed with date and
photographed from where seized and thereafter with the markings) shall
be gathered:

i. PHYSICAL/OBJECT EVIDENCE
- Marked money, contraceptives,
- Videos and photos taken during the operation
- Diagrams, sketches, floor plans or maps of the establishment
- Psychologically and psychiatric evaluations, for mentally challenged or
minor victims
- Digital evidence (PC, laptops, mobile phones, etc)

ii. DOCUMENTARY EVIDENCE (


- business permits, work permits, contracts (if any), and all other
documents found in the scene

iii. TESTIMONIAL EVIDENCE


- Affidavits and sworn statements

3. ALL INFORMATION SHALL BE VALIDATED IMMEDIATELY THROUGH


SURVEILLANCE AND CASING.

4. FURTHERMORE, INFORMATION SHALL ONLY BE SHARED TO


MEMBERS/AGENCIES ON A NEED-TO-KNOW BASIS AND ONLY UPON THE
DISCRETION OF THE TF HEAD.

5. see above SOPs

6. A. Set up the team that will handle communication with Rheana


B. Establish communication with RHEANA
C. Set a person that will be the sole communicator with RHEANA
D. Get all available information from RHEANA
- WHERE DORIS IS
- IF THERE IS CONTACT WITH DORIS
E. Inform RHEANA of the necessity of filing a case against LOLANIDORA
F. Establish the route that the group may be using
G. AFTER GETTING ALL NECESSARY INFORMATION, SET UP A TEAM THAT
WILL INTERCEPT THE GROUP OF DORIS WHEN THEY ARE IN
ZAMBOANGA CITY

POSSIBLE QUESTIONS FOR THIS INJECT:

A. Rheana came to you to ask your advice. Rheana tells you I am willing to
do everything so that Doris will not suffer the same fate as I did. Please tell
me what to do.
- Encourage Rheana that she needs to file a case against
LOLANIDORA so that she will no longer have the opportunity to
recruit and victimize others
- That if Rheana will disclose what really happened to her despite the
shame, Doris might realize what she is getting into

Inject 2

The Anti-Trafficking in Persons Task Force immediately conducted a case conference


among its member agencies including government agencies concerning port security.
PCTC (Interpol NCB-Manila) presented a purple notice on the modus operandi of
Human Trafficking using the route similar to the information given by Rheana. AFP and
PNP received credible information from its intelligence units that Lolanidora is a
notorious TIP recruiter financed by a Jordan national based in Manila. This financier
has a strong connection with Human Smugglers and some unscrupulous government
personnel at the seaport.

Rheana sent a SMS to ALDUB Foundation which was subsequently presented to the
conference:

Doris informed her that they are okay and well taken care of and their
departure would be next week depending on the schedule of the cargo
vessel going to Indonesia
(for Davao group)

Doris informed her that they are okay and well taken care of and their
departure would be next week depending on the schedule of the cargo
vessel going to Indonesia
(forGensan group)

Doris informed her that they are okay and well taken care of and their
departure would be next week depending on the schedule of the
passenger vessel going to Malaysia
(for Zamboanga group)
Things to look into:

1. How strong is the counter intelligence of the concerned agencies on some erring
personnel involved in illegal activities?
2. Does the port have CCTV system? Is it well and properly placed?
3. Transparency and credibility of ship manifesto
4. How the Inter Agency front-liners will respond in kind of this situation?
5. What would be the needed coordination for the successful rescue of victims?
6. Security gaps in the movement of persons at the port.

Inject 3

Because the Human Trafficking syndicate is well organized, the TIP would be victims
were unnoticeably embarked to a certain (passenger/cargo) international vessel docked
at the port.

Rheana forwarded the SMS of Doris to ALDUB Foundation:

Please help us! Weve been threatened and forcibly brought to a dark and hot portion
of the vessel

Things to look into:

1. What is the SOP in inspecting (cargo/passenger) international vessel?


2. Who would be the key players in doing the rescue of the victims?
3. What would be tasking of each agency during the rescue?
4. Is it possible to rescue or conduct a raid without Search warrants?

ANSWERS:

1. SOP according to the concerned agency in inspecting a cargo/passenger ship.


2. Key Players
- Task Force Head / DOJ
- Bureau of Immigration
- LEA (PNP Maritime, NBI, etc)
- Social Worker (DSWD, CSWD or VF)
- Phil. Coast Guard, AFP/NISG
- NGO (VF, Tanglaw, etc)
- Shipping Company
3. Tasking will be in accordance with the expertise of the member agencies/unit
4. Yes. TIP is a continuing offense
Inject 4

Authorities successfully rescued the 15 female victims in the engine room of the vessel
and also apprehended Lolanidora at the port area. Some of the victims appear to be
minors. The arrested recruiter revealed that the girls are intended to be brought to
Jordan for sexual exploitations in a Resto Bar owned by the mastermind who was a
certain RAUOF SARIF, a Jordan national who lives at Unit 9 Broadway Centrum
Condominium in Quezon City. The victims narrated what happened and how the
syndicate managed to embarked them secretly to the vessel using their connections
with port personnel involve in this illegal activity.

Things to look into:

1. Victims care
2. Investigation procedures and follow up operation
3. Evidence gathering
4. Liabilities of the owner and captain of the ship
5. Who else should be arrested in this situation?
6. Interpol verification (I-24/7) relevance
7. Can the ship be used as evidence? Who would be responsible for its custody?

ANSWERS:

1. SOP in victim care and handling also discussed in the Answers to the 1 st Inject
2. SOP in investigation, follow-up operations also discussed in the Answers to the 1st
Inject
3. According to the Rules of Criminal Procedure
4. Both are liable under Sec. 5, RA No. 9208
5. Owner and Ship Captain
6.
7. Yes. Ship should not be allowed to leave port and may be confiscated in accordance
with law and Rules. Custody should be to the MARINA but final disposition should
be the handling prosecutor

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