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1. Decree No. 824, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the Constitution in its articles 1 and 4 recognizes the human person as the origin and purpose of the activity of the State, ensuring that every person is free in the Republic and no one may be subjected to servitude or any other condition which undermine their dignity.
II.-that El Salvador has ratified by Legislative Decree N ° 238, dated December 18, 2003, published in the official journal N ° 240, volume N ° 361, 23 of that same month and year, the Protocol to prevent, Suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organized crime; as well as other international instruments on human rights which oblige the State of El Salvador to prevent, fight, protect, assist and compensate the victims of this crime.
III.-that the Salvadoran State guarantees the right of the foreign victims recognizing the status of refugee and principle of non-refoulement in accordance with the Convention on the status of refugees of 1951 and its 1967 Protocol, ratified by Legislative Decree N ° 167, dated 22 February 1983, published in the official journal N ° 46, take N ° 278 on March 7, 1983, as well as to the procedure provided for in the law for the determination of refugee status.
IV. through Executive Decree N ° 90, dated 18 July 2011, published in the official journal N ° 158, volume N ° 392, 26 August of the same year, creating the National Council against trafficking in persons, as the governing body on this matter for the preparation of the plans, programmes and public actions aimed at the prevention and combat of this crime as well as to care and protection in a comprehensive way to the victims of the same.
V. that by Executive Agreement N ° 450, dated 21 November of 2012, was created the national policy against trafficking of El Salvador, in order to establish a State strategic policy framework, with the aim of achieving a comprehensive and effective anti-trafficking in persons approach.
VI. the crime of trafficking of people today regarded quite rightly as the slavery of the 21st century, is a crime that seriously violates the human rights of affected everyone, especially in children, adolescents and women, destroying the very essence of the people in their lives, their freedom and integrity, which we human beings producing degrading effects on the dignity, physical and mental health of the people, generating indelible markings to the fabric of society, being a crime against humanity.
2 VII.-that is duty of the State create them instruments regulatory e institutional that allow and facilitate the approach integral of this crime, oriented to its detection, prevention, persecution and sanction, as well as to the attention, protection and restitution integral of them rights of them victims and ensure them mechanisms relevant to the repair of them damage caused to them same.
Therefore, in use of his constitutional powers and at the initiative of the representative: Blanca Flor Bonilla Bonilla of the legislature 2003-2006; of the then President of the Republic through the Minister of Justice and public security, both for the period 2009-2014 presidential; the deputies and members of the legislature 2012-2015 Othon Sigfrido Reyes Morales, Guillermo Antonio Gallegos Navarrete, Guillermo Antonio Mata Bennett, Irma Lourdes palaces Vasquez, Lucía de el Carmen Ayala de León, Carmen Elena Calderón Sol of Escalon, Ana Marina Castro Orellana, Rosa Alma Cruz Marinero, Margarita Escobar, Carmen Elena Figueroa Rodríguez, Norma Fidelia Guevara de Ramirios, Rodolfo Antonio Martínez, Mario Marroquin Mejia , Heidy Carolina Mira Saravia, Rodolfo Antonio Parker Soto, Mariella Pinto penalty, David Ernesto Reyes Molina, Karina Ivette Sosa and Eugenio Donato Vaquerano Rivas.
DECREES the following: special law against the trafficking of people chapter I provisions General object the law Art. 1.-La present law aims to the detection, prevention, prosecution and punishment of the crime of trafficking of persons, as well as the care, protection and restitution integrals of the rights of the victims, dependent or persons responsible for providing the mechanisms that make it possible for this purpose.
Scope of application article 2.-the provisions laid down in this law are generally applicable to any natural or legal person who is or acts in the national territory, and is applicable to the integrated approach to all forms of the crime of trafficking in persons and related activities, whether national or transnational, whether or not related to organised crime.
Established in this law, comprehensive care and protection applies to victims within the national territory, as well as the nationals abroad, who shall enjoy the protection of their rights in accordance with relevant national and international legislation and agreements.
Definitions article 3.-for the purposes of this Act, means: 3) human trafficking: when a person has been taken of the physical integrity of another for activities of sexual exploitation in its various forms; commercial sexual exploitation in the tourism sector; slavery; servitude; forced labour; exploitation of her begging; pregnancy forced; marriage or forced marriage; fraudulent adoption; as well as for extract, trafficking, fertilize u get illicitly organs, tissues, fluids, cells, embryos human or for the use of people in the experimentation clinical or pharmacological; as well as the use of girls, children, or adolescents in criminal activities;
(b) victim of trafficking in persons: the person who directly or indirectly, has suffered any of the purposes of the offence of trafficking in persons and related activities, including damage, physical or psychological injury, affecting self-image, emotional distress or impairment of their fundamental rights; regardless of which is identified, apprehended, prosecuted, or condemn the person author of the offence.
It is direct victim of this crime, who personally suffered the effects of the same. Are indirect victims people in your household and dependents;
(c) dependent: are all those people who the victim is in charge or is obliged to support, are members or not of the family;
(d) treatment: any person who participates in any of the activities listed in article 54 of this law;
(e) deceptive advertising: advertising that, by any means, the misleading as a consequence of the presentation of the advertising message, the information that is transmitted or by the omission of information in the message itself, in order to capture or recruit people, in order to subject them to any kind of human exploitation or induce the Commission of the crime of trafficking in persons and related activities;
(f) advertising illicit: the advertising attempted against the dignity of the person or that violates them principles and rights recognized in the Constitution, and that is use for lead of way direct or indirect the Commission of the crime of is of people and activities related; and, g) restoration of rights: includes the return of the individual victim to the enjoyment of their fundamental human rights, especially family life when this does not involve risk, return to place of residence when it is safe and reintegration to work, including education formal and continuous; and access to the relevant mechanisms to enforce the repair of damage caused by the offence.
(General principles article 4.-for the purposes of this law, shall be taken into account the following basic principles: to) principle of the universality of the human rights: all provisions aimed at the integral approach to trafficking in persons, must be based on respect for 4 and guarantee of the human rights of the victims of the crime of trafficking of persons comprising the restitution thereof. For all purposes, the non-discrimination of persons is guaranteed for any reason or condition;
b) principle of interest top the girl, child or teenager: in administrative and judicial procedures that involve girls, children, or adolescents, will prevail their best interests, which must ensure respect for their rights with comprehensive; the care and protection
(c) principle of integrated care: the institutions of the State shall apply measures to ensure comprehensive care for the victims of the crime of trafficking of persons, even, where appropriate, in cooperation with non-governmental organizations and other sectors of civil society;
(d) principle of protection Integral: the victims and witnesses of is of people, their dependent or people responsible, will be object of the protection integral, have interposed or not denounces;
(e) principle of confidentiality: all the information administrative or judicial related with the research and protection of the victims of the crime of is of people, their dependent, people responsible and witnesses, will be of character confidential; its use should be reserved exclusively for the purposes of the investigation.
This obligation extends to all instances judicial and administrative, as to non-governmental organizations; and,
(f) principle of not victimized: them people that participate in them procedures administrative and judicial, must avoid all action u omission that injured again the State physical, mental or psychological of the victim of the crime of is of people, their dependent or people responsible, including the exhibition of them cases before them means of communication.
(Modalities of it exploitation human article 5.-for them effects of this law, are modalities of exploitation human them following: to) bonded: State of dependence or submission of the will, in which the treating induces u forces to the victim of is of people to perform acts, works or to provide services;
b) Sexual exploitation: all actions intended to induce or compel a person to perform acts of sexual or erotic, type in order to obtain an economic benefit or other for itself or a third party. This includes acts of prostitution and pornography;
(c) exploitation Sexual trade in the Sector of the tourism: the use of people in activities with late sexual, using to that end them services e facilities tourist;
(5 d) work forced: work or service required to a person, under threat or duress;
(e) slavery: State or condition of a person, over which is has the will or the absolute control of another person, to the point that is treated as an object;
f) forced begging: is the exploitation of one or more persons, forcing them or using them to ask for money or other benefits in favour of the treating;
(g) forced pregnancy: induction of a child, teen or woman through force or deception to get pregnant, regardless of the purpose;
(h) marriage or Union forced: action whereby a person is promised against their will or forced to marry, or to hold a relationship in fact, in Exchange for a benefit for the person treating or a third person;
(i) fraudulent adoption: occurs when it has been preceded by a sale, abduction, deprivation of liberty, abduction of girls, children, or adolescents, delivered for the purpose of adoption, with or without the consent of their parents, guardians or relatives, in contravention of the law on the subject;
j) illegal trafficking of organs, tissues, fluids, cells or human embryos: is to obtain, extract, deploy, transport, trade, possess or have unlawfully organs, tissues, fluids, germ cells or embryos;
k) experimental clinical or pharmacological: carrying out to anyone, without your consent, medical testing or experimentation with it's drugs or medications, for the benefit of the trafficker or a third party; and l) trade in pornographic Material: includes the distribution, reproduction, possession and use of pornographic material from victims of the crime of trafficking of persons by any means and all nature, particularly computer.
Interpretation and integrality of the law article 6.-this Act shall be interpreted and applied harmoniously with the special laws on the protection of the rights of girls, children, adolescents, women, older adults and people with disabilities; and with those instruments international's rights human force in the country.
Chapter II Council national against the trafficking of people creating article 7.-create the National Council against trafficking in persons, hereinafter "the Council", as a body responsible for the formulation, monitoring, coordination and evaluation of the national policy against trafficking, inter-agency, as well as develop and promote the respective 6 National Plan of action.
Organizational structure article 8.-the structure of the Council shall be composed in the following manner: to) the full Council;
(b) the Executive Secretary); and, c) Technical Committee.
Integration article 9.-the Council will be integrated by the titular person or representative designated by the Board of directors or trustees, as the case may be, of the following institutions: to) Ministry of Foreign Affairs;
(b) Ministry of Justice and public security;
(c) Ministry of education;
(d) Ministry of health);
e) Attorney General of the Republic;
f) Attorney General of the Republic;
(g) Ministry of Social Inclusion;
(h) Salvadoran Institute for the advancement of women; e, i) National Council of childhood and adolescence.
The Council will be chaired by the titular person of the Ministry of Justice and public safety, who will exercise interinstitutional relations of the same.
Will also participate on a permanent basis within the meetings with the right to speak, the holders of the following institutions: to) National Civil Police; and, b) Directorate-General for migration and aliens.
The headlines may be replaced by the respective Deputy Ministers, undersecretaries, Deputy Prosecutor or the Executive Director, the official designated by the Board of directors or the Board of 7 Directors, as the case may be. Functions at the Council is will serve pro bono.
Each registrant shall be accompanied to the sessions of the Council, of the technicians that it deems relevant.
In addition, the Council may convene or occasionally invite other ministries or other governmental or non-governmental organizations that are deemed necessary for the comprehensive approach against the crime of trafficking of people.
Powers article 10.-for compliance with this Act, the Council will have the following main responsibilities: to) design, approve, evaluate, modify and disseminate the national policy against trafficking in persons, as well as develop and promote the National Plan of action;
b) propose to the Executive Body, initiatives of necessary reforms that are deducted from the situational analysis of the crime of trafficking of persons in the country, to the effect of strengthening the policy and institutional framework of the State to prevent and combat such crime;
(c) opinion or give advice on any aspect of national or international character that relates to this law, especially when it is required by the governing bodies;
(d) promote actions to strengthen and facilitate the participation of governmental and non-governmental entities in the prevention and combat the crime of trafficking of persons as well as care and protection victims integrals. In that sense, it will promote the inclusion of civil society support for the attainment of these goals;
(e) evaluate the execution of the political national against it is of people each three years, the Plan national of action and their results each year, presenting to it or the President of the Republic them conclusions of its evaluation, so available it relevant;
f) set the broad outlines of the Administration's attention to the victims of the crime of human trafficking Fund, created under this Act and administered by the Ministry of Justice and public security;
(g) pay an annual report of public outreach on the fulfilment of its functions, and on the implementation of the national policy against trafficking in people and its National Plan of action;
(h) to validate or establish protocols inter-agency interview, comprehensive care, return and repatriation of the victims of the crime of trafficking of persons, as well as the prosecuted cases to avoid their revictimization; e, i) other functions arising from the enforcement of this law.
8 unit specialized in headquarters Prosecutor article 11.-create the Attorney-General of the Republic the unit specialized against trafficking in persons and related crimes, which will feature specialized, logistics and technical personnel necessary for the investigation and prosecution of cases in this area.
Specialized in headquarters police article 12-unit created in the National Civil Police, the unit specialized against trafficking in persons and related crimes, which will have qualified personnel and the technical, logistical and financial resources to ensure the research and implementation of cases on this issue.
Secretary Executive article 13.-the President or the President of the Council shall appoint a person in charge of the Executive Secretariat, from among the staff of the Ministry of Justice and public safety, which meets the technical requirements for their performance, and that will have the necessary resources to do so.
The Executive Secretariat is the agency technical and management of the Council, which will feature specialized, logistical and technical human resources necessary for the fulfilment of the responsibilities of the Council and as laid down in this law.
Functions of the Secretariat Executive article 14.-are functions of the Executive Secretary: to) communicate calls instructed by the President of the Council for the ordinary and extraordinary sessions of the same;
b) draw up the minutes of the meetings of the Council;
(c) to monitor compliance with the agreements and resolutions of the Council;
d) prepare the draft of the annual report;
(e) prepare the reports which may be requested by the Council;
f) be the repository of the archives of the Council;
(g) to coordinate the Technical Committee;
(h) be the link between the Technical Committee and the Council;
(i) coordinating meetings at the express request of the Council, with national or international governmental or non-governmental organizations;
j) create an up-to-date directory of NGOs, no 9
Government and international cooperation, collaborate or participate in permanent or temporary manner in addressing the crime of trafficking of persons in any of its areas of intervention;
(k) to coordinate the continuous training of the personnel assigned to specialized units and other institutions related to the subject; (and, l) others that the Council set.
(Committee technical Art. 15.-for all them effects tecnico-operativos, the Council will be with a Committee technical, in forward "the Committee", that will be integrated by a person associate of each an of them institutions that integrate the Council, and also by a person associate of each an of the following institutions: to) Ministry of governance and development Territorial;
(b) Ministry of labour and Social Welfare;
(c) Ministry of tourism; and, (d) Salvadoran Institute for the integrated development of children and adolescents.
The holders of the institutions shall ensure that the delegate representative to appoint to the Committee, are aware in the integral approach to the offence of trafficking of people.
The Committee shall meet ordinarily at least once a month and extra times as necessary, taking a record of assistance and aid memory of meetings that need it.
The Committee, upon authorization of the Council, may invite through the Executive Secretariat in occasionally and consultative status to other ministries; representatives of various institutions and agencies public and private national or international; natural or legal persons involved in the matter, as well as to representatives of countries or cooperating agencies, all specialists in prevention and combat the crime of trafficking of persons, as well as comprehensive of the victims the care and protection.
Functions of the Committee article 16.-are functions of the Committee: to) the proposal of national policy against the trafficking of persons and the National Action Plan;
(b) elaborate the Plan operating yearly, according to the guidelines that determine the Council;
(c) formulate technical proposals on prevention and combat the crime of trafficking of persons, as well as to the victims of this crime, comprehensive care and protection that must be submitted to the Council, through the Executive Secretariat, to 10 their respective review and approval;
(d) advise the Council, when required it on specific issues related to the crime of trafficking of persons;
e) submit periodic reports to the Council on the activities carried out, in particular, the functions of immediate response teams and working groups who run social reintegration processes;
(f) the supervision and monitoring of all actions resulting from the implementation of the national policy against trafficking in persons, the National Action Plan and the annual operating Plan to should report periodically to the Council;
(g) supporting and coordinating, at the request of the Council, processes of care and social reintegration of victims of the crime of trafficking of persons;
(h) establish internal work teams for the study of specific topics; e, i) that the Council may entrust to him to achieve the objectives and purposes of the national policy against trafficking in persons, the National Plan of action and programmes and projects deriving from them.
Representatives, delegates and delegates of the Committee article 17.-all and all the representatives or delegates of the Committee and their alternates will be his pro bono work.
Support logistics article 18.-the Committee will have the administrative and logistical support of the Executive Secretariat for the fulfilment of its purposes.
Immediate Art. 19 response teams-when the institutions that make up the Council, have knowledge of a case requiring an impending treatment by their conditions, may request to the President of the same or of trade, to activate the immediate response team composed of people with fitness which ensure immediate comprehensive care measures.
Once activated the immediate response team, with the fundamental aim of protection of possible victims of the crime of trafficking of persons, the Executive Secretariat will coordinate with institutions and will follow the case until its completion, which will yield a report to the Council detailing the efforts made and the recommendations it deems necessary.
Immediate response teams procedures will be developed in the regulations under this law.
11 groups of work Art. 20.-is create them groups of work as agencies specialized that will have low its responsibility the activation and tracking of them measures of attention and protection integral, so as that directed them processes of reintegration social.
The procedures of those groups of work will be developed in the regulation of this law.
Collaboration of the institutions article 21.-the different institutions involved in the subject matter of this law, within the sphere of their respective legal responsibilities, will collaborate with the Council in the development and implementation of the national policy against trafficking in persons, as well as their corresponding National Plan of action.
Chapter III policy national against the trafficking of people politics national against the trafficking of persons article 22.-the Council, shall draw up, will coordinate and execute the national policy against trafficking in persons, hereinafter "the policy", as well as their corresponding national Action Plan and annual operating Plan.
Compliance and articulation of the policy article 23.-all the organs, State agencies and municipalities are responsible for the implementation of the policy and the National Plan of action, according to its institutional competence and under the coordination of the Council.
Strategic article 24.-this policy objectives will be strategic purpose the eradication of all kinds of slavery, exploitation or servitude that undermine human dignity, to ensure a life free of the trafficking in persons in its various forms, for which State will necessary efforts, in the prevention of crime, the same combat, care and protection comprehensive victims as well as the integral restitution of their rights.
Contents essential of the policy article 25.-without prejudice to the other contents that are considered necessary, the policy must contain as a minimum, the following topics: to) detection;
(12 c) comprehensive care;
(d) comprehensive protection);
(g) coordination and cooperation interinstitutional;
(h) cooperation between States;
(i) anti-corruption; and j) specialized training chapter IV prevention approach of prevention article 26.-it means approach to prevention, all plans, projects, programs and strategies to transform the risk environment and to strengthen the skills and conditions of individuals and communities for the Elimination of trafficking in persons.
To do so, institutions participating in strategies for the prevention of the crime of trafficking of persons, focus their resources according to their skills, and develop measures such as: to) preparation of documents, disclosure of information through the social and institutional, media inclusion of the approach of the crime of trafficking of people within the curricula of the Ministry of education at all levels development of multi-sectoral forums, implementation of campaigns focused on the most vulnerable groups, encouraging the constant training public officials of all institutions; and, b) design and implement inter-agency protocols, to detect and prevent patterns of the crime of trafficking of people and geographical areas of higher incidence of this crime with agility. Strengthen international cooperation through agreements that have the purpose of the prevention of the crime of trafficking of people, focusing efforts mainly in the Central American region.
It previous, without detriment of them initiatives that promote and perform the Council, through its Committee technical in organizations Government, not Government and the society civil, according to it established in the political.
13 obligations special Art. 27-will correspond to the institutions of the State defined in this law, allocate the personal and resources necessary with the purpose of give compliance to it established in the article earlier. Likewise, they will be required to establish the necessary mechanisms to prevent and eradicate acts of corruption of the officials, promoting or tolerance of the crime of trafficking of persons and its modalities.
Participation citizen art. 28.-the Council will promote the participation of civil society in the actions of information, prevention of the crime of trafficking of persons, as well as comprehensive care to victims of this crime.
Emphasis will be given to the Organization and community training, as well as the implementation of programs focused on the specific needs of population groups in relation to the matter.
Chapter V care and protection INTEGRALS to the victims rights article 29.-in addition to which establishes national and international regulations, they are rights of the victims of the crime of trafficking of people: to) care immediately and integral;
(b) protection of their physical and emotional integrity;
(c) receive clear and understandable information about their legal status and immigration status, language, medium or language who understand and according to their age, evolutionary development of their faculties or disability status, or any other situation, as well as access to free legal representation;
d) provide interview or statement in special conditions of protection and respect for their dignity, with attendance of any person who the victim deems necessary for your support emotional or psychological;
(e) the protection of their identity and privacy;
(f) the judicial or administrative proceedings are carried out always in private hearing outside the presence of the media and public in general, in safe places and with the use of special cameras and other electronic and technological means that guarantee their protection;
(g) protection migration including the right for them foreigners of remain in the 14 Salvador and to receive the documentation that accredits such circumstance, of conformity with what have them treated international and the present law;
(h) that is les facilitates the repatriation voluntary, safe and assisted to the place in which is seated its address for service;
(i) to facilitate resettlement, should circumstances determine the need for their transfer to a third country; and j) comprehensive protection and restoration of rights that have been restricted, threatened or violated.
All them rights of them victims of is of people recognized by the Constitution, treated international force in El Salvador and laws of the Republic, are integral, inalienable, indivisible and interdependent.
(Protection special to girls, children and teenage Art. 30.-Besides them measures arranged in the present law and without prejudice of it planned in others laws special, them girls, children and adolescent victims or witnesses, have right to it following protection Special: to) receive care and attention integral specialized, appropriate e individualized according to them needs resulting of its condition of subject in full development of the personality;
b) A which is heard using media consistent with their age and maturity, and that their views are taken into account. The authority must inform you about all actions that affect them at every stage of the process;
(c) testimony in special conditions of protection and care, before the competent court, in quiet audience, and without the presence of persons implicated; as well as, to use the figure of the advance of test;
(d) at the time of practice interviews, tests and other measures of research, may be assisted by professionals under its language, specialized language and in the presence of either of their parents, guardians or delegate of the Attorney General of the Republic when they lack legal representative or there are interests opposing; (and e) in cases of doubt in which the age of the victim of the offence of trafficking in persons and related crimes is established, its minority shall be presumed until proven otherwise.
Measures of attention Integral immediate art. 31.-the Committee shall ensure and coordinate because measures of immediate care for the 15 victims of the crime of trafficking of persons, to run from the time of the location, identification, or rescue the victim until his transfer to the specialized hostel when appropriate; and meeting the special needs of each victim. These measures shall include as a minimum: a) medical and clinical care necessary, including, where appropriate and with due confidentiality, detoxification, and tests for other illnesses or conditions requiring it;
(b) inputs to meet their needs basic of hygiene personal, food and costumes;
(c) arrange for accommodation safe;
(d) legal advice, psychological care and res ica, in a confidential manner and with full respect for their dignity and privacy, in a language, medium and language including; (and e) assistance of translation and interpretation in accordance with their language, and disability status.
We will also provide comprehensive care from the family, dependent or responsible persons who have immediate with the direct victim relationship, and persons who have suffered damage to intervene to assist the victim in danger or prevent the re-victimization.
Hostels and centres of attention specialized Art. 32.-the Council will propose the creation of shelters and specialized care centres, for the comprehensive care of victims of the crime of trafficking of persons, in different parts of the country, and will provide all the human, technical and logistical resources for its operation. These hostels and care centres will be carried out by specialized personnel in the field.
Measures of attention prolonged Art. 33.-them institutions with competition in the matter low it coordination of the Council, are forced to continue the accompaniment of the victim of the crime of is of people in it attention comprehensive psychological, legal and of reintegration social, in order watch that their rights are restored fully.
These measures shall be implemented in parallel and in conjunction with the migratory protection during the necessary period of restoration, and will be determined by personnel in charge of accreditation, comprehensive care of victims of this crime and protection of victims and witnesses.
Reintegration art. 34.-the State Social programs structured programmes to provide integral to the victim of the crime of trafficking of persons, care and support, as well as to provide training opportunities to help you overcome the damages caused by this crime and provide tools of subsistence for 16 himself and his family.
The participation of victims in the social reintegration programmes, will so expeditiously and priority, and in strict respect to human dignity.
Measures related to the right to the education article 35.-in the case of girls, children or adolescents victims of the crime of trafficking of people abroad, to return to the country, the Ministry of education may make the measures that correspond to the approval or legalization of studies that had been carried out.
Identification of the person victim article 36.-the national authorities in coordination with the diplomatic and consular representatives accredited to El Salvador, must use all the means to determine the identity of the victims of the crime of trafficking of people foreign in El Salvador, people who are outside the national territory and who do not have identification documents. Similarly, will proceed with dependent or persons responsible for the victim without proof of identity.
For the identification of citizens shall, in coordination with the national registry of the people natural, which will have the obligation to prosecute within one period not exceeding forty-eight hours, requests that are made for this purpose.
The absence of identification documents will not prevent that the victim, their dependents or responsible persons have access to all the services of comprehensive care or protection referred to in this law.
Status. immigration article 37.-the State may take measures that allow any victim of the offence of trafficking of people that must remain temporarily or permanently, depending on the case, in Salvadoran territory because their recovery or collaboration with the investigation and the judicial process, with legal assistance necessary, whether it works or not in the prosecution of the offence where listed as victim , with the possibility of extensions for the same period.
If the victim is a girl, child, teenager, adult person or person with a disability, the State must observe all rights which they establish special national legislation and international instruments.
Also, by means of them groups of work is made the study corresponding, in which is will have in has factors humanitarian, personal and of security, to determine the status immigration, respecting is the opinion of the victim. In the case is granted the permission of permanence temporary, this will be awarded by a period of up to a year, which may extend is by the same period.
17 confidentiality of it information Art. 38.-all the information related with the crime of is of people is confidential, both the supplied by the victim and them witnesses, as it obtained in the process of research, already is in headquarters administrative, judicial or before agencies governmental or not governmental. Stay safe all necessary measures for the protection of the identity and location of victims, their dependents, responsible persons and witnesses. With the exception of the necessary information for statistical or academic purposes.
Them institutions to charge of it detection, attention and protection integral to victims, as well as to the persecution of the crime of is of people, of common agreement, will implement and apply a protocol of performance, low it coordination of the Council and through its Committee technical, on the reception, storage, supply e exchange of information related with this crime, ensuring it confidentiality planned in this available.
Comprehensive protection of victims of the crime of trafficking of people Art. 39.-the victims of the crime of trafficking of persons that decide not to file complaint or cooperate with the authorities, will receive full protection in situations of threat, prior risk assessment. The protection will be to cargo of the institution competent, according to is the case, of conformity to the law special to the protection of victims and witnesses.
Chapter VI access effective to the justice and the treatment just assistance legal Art. 40. El Salvadoran State will ensure that the victim of the crime of trafficking of persons, national or foreign, within the Salvadoran territory has legal aid specialized, free and expeditiously on all matters related to criminal or administrative processes that participate in their victim status , and in the process of social reintegration.
With regard to the victims compatriots abroad, the Consulate of El Salvador accredited in the country where the offence was committed shall ensure specialized legal assistance. Also, the Ministry of relations foreign will facilitate this assistance to the family in the case of people not localized.
Of the responsibility Civil of the treating and their consequences Art. 41.-in all them cases when the court competent declare to it or the accused criminally responsible of the crime of is of people, must also contemplate is according to the code criminal in the sentence conviction it claims of the responsibility civil by the damage caused to them victims, their dependent or people responsible the amount that it will be set in the same from the evidence provided by the Office of the Attorney-General.
Regarding the precedence of payment obligations, the corresponding to liability 18 for the crime of trafficking of persons, unless the obligation to provide food, is preferred to the payment of any other obligation or pecuniary penalty. It will be effective, once the sentence is declared firm, within a period of ninety days, unless circumstances that go for the benefit of the victim it should expand.
For purposes of this law, civil liability must include: a) compensation to the victim of the crime of trafficking of people, their dependents or responsible persons, for the damages caused by material or moral damage including the transportation costs, the return to their place of origin or transfer to another country where appropriate;
(b) restitution of any other material loss suffered as a result of the realization of the punishable, or in their absence, the payment of the respective value; and, c) the payment of the costs.
The foregoing is without prejudice to that State, through its institutions, must guarantee to the victim, their dependents or responsible persons, all the relevant mechanisms to enforce the repair of damage caused by the offence.
Chapter VII Security immigration repatriation article 42.-the competent authorities shall facilitate the repatriation of people victims of the crime of trafficking of persons, national abroad, without undue delay, and with due respect for their rights and dignity.
In the case of foreign victims in the country, the cooperation of the diplomatic and consular corresponding representations will be requested.
Resettlement Art. 43.-the process of resettlement will proceed when the person victim, their dependent or people responsible not can return to their country of birth or residence and not can remain in El Salvador by threatens or danger reasonable that affects your life, integrity and freedom personal. The resettlement of the person victim will be based on international cooperation and agreements ratified on the matter, and for its implementation, will be respected at all times the views of the victim.
Condition of refugee article 44.-the provisions of this law shall not affect the right of the victim of the crime of trafficking of people requesting refugee status before the national authorities, based on humanitarian law and in particular to the Convention on the status of refugees and its Protocol, as well as to request the application of the principle of non-refoulement enshrined in these instruments.
19. diplomatic representatives and consular art. 45.-each representative diplomatic or Consular of El Salvador must attend the Salvadoran citizens found to be, being out of the country, victims of the crime described in this law, and facilitate their return to the country if they so ask it. In addition, conduct negotiations with the authorities of the country where they are accredited to ensure the safety of the victim, to safeguard the life, integrity and personal freedom.
Chapter VIII national of information on trafficking of people system national system of information about trafficking in persons article 46.-the system national information on trafficking in persons, hereinafter "the system", will be an instrument of collection, processing and analysis of statistical and academic information about characteristics and dimensions of the internal and external trafficking in El Salvador, their causes and effects; and it will serve as a basis for the formulation of policies, programmes and strategic plans, as well as to measure the fulfilment of the objectives laid out in the policy, its National Plan of action and the programmes and projects deriving from them.
For such purposes, the Directorate of information and analysis of the Ministry of Justice and public safety will create, will develop, coordinate and maintain the operation of such a system, through the Executive Secretariat, which will collect and systematize the information that they supply the various units and entities that make up the Council, and the results of academic research, social, judicial and criminological. These data will be updated periodically.
Provision of information article 47.-the governmental organizations and non governmental that handle information related to trafficking in persons, shall be supplied every six months to the Executive Secretariat for the corresponding record in the system.
The data supplied to the system will be unveiled to the public, in numerical summaries, reports and statistics that do not include personal data of the victims or operational judicial or police character, and which do not allow to infer information of individual character that can be used for discriminatory purposes or which endanger the rights to life, liberty and personal integrity and privacy of victims and witnesses.
The system will have the necessary logistical and human resource and the corresponding technological platform for the accomplishment of its purposes.
20 chapter IX funding allocation budget article 48.-for the fulfilment of the purposes assigned to the Council in the present law and ensure its operation, the State will make the corresponding assignment, in the field of Justice and public safety. In addition, will feature the following resources: a) contributions, grants, donations, legacies and inheritances from of institutions, natural or legal, national or foreign, public or private persons for the purposes of this Act;
(b) which you grant laws special;
(c) a fifteen percent of the funds coming from the administration or sale of goods, product and object of the crime of trafficking of persons that are seized, in accordance with the law in the matter. and, (d) others obtained any title.
Regime tributary of Council article 49.-the Council shall be exempt from all taxes, tariffs and any form of tax or assessment, with the exception of tax on the transfer of goods and chattels and the provision of services.
Likewise, it shall request exemption from the payment of municipal tax obligations, for the activities thereof, in accordance with the provisions of the corresponding tax municipal law.
Deductions from tax the income article 50.-will be deductible from the tax on the income, donations from natural or legal persons, for the benefit of the fulfilment of the objectives of this Act and its regulations.
Chapter X background of attention to the victims of the crime of trafficking of people Fund care to the victims of the crime of trafficking of people article 51.-create the Fund's attention to the victims of the crime of trafficking in persons, which hereinafter called "the Fund", which will primarily include financial resources allocated in the General budget of the nation in the branch of the Ministry of Justice and public security, and non-custodial funds coming from unclaimed reparations for the victims of the crime of trafficking of persons, once elapsed within ten years.
21. This Ministry, through the Council will create the financial technical unit for the implementation of the Fund, the amount of which will be reviewed periodically.
The Fund article 52.-the Executive budget will allocate an annual amount in the General budget of the nation, for the financing of the Fund established under this Act, without prejudice to transfer to the same, grants and other financial or material resources expressly assigned special laws, international bodies or natural and legal persons.
Destination of funds
Article 53.-the resources of the Fund will be used exclusively for comprehensive care and protection, as well as for the social reintegration of the victims of the crime of trafficking in persons and related activities, according to technical reports and recommendations made by the specialists in charge of these processes.
Chapter XI provisions criminal trafficking of persons article 54.-which deliver, capture, transport, move, receive or welcome people, inside or outside the national territory or facilitate, promote or favors, to run or to enable others to perform any activity of human exploitation, defined in article 3 of this law, will be punished with ten to fourteen years in prison.
Aggravating circumstances of the crime of trafficking of people article 55-the crime of trafficking shall be punished by the penalty from sixteen to twenty years of imprisonment and special disqualification in the exercise of the profession, office or public or private employment during the period the condemnation, in the following cases: to) when the victim is a child, child, adolescent , person adult greater or person with disability;
(b) when is the author a civil servant or public employee, public authority or agents of authority; without prejudice to competition of offence applicable, when it prevails the charge;
(c) where there is a relationship of ascendant, descendant, adopter, adopted, brother, spouse or person with whom conviviere is maritally or have similar affectivity relationship; or when it's guardian, conservator, guardian of fact or responsible for the education or care of the victim and when there is a relationship of authority or trust with the victim, their dependents or responsible persons, mediate or not a relationship of kinship;
(d) when the offence is committed by a person directly or indirectly responsible for the 22 care of the girl, child or teenager who is under a measure of placement in institutions of care to children and adolescents, whether public or private;
(e) when is ocasionaren damage or bodily injury and illness serious and irreversible;
(f) when is the fact preceded by threat, use of force or other forms of coercion or deception;
(g) when used for the planning or the execution of crime, services or facilities for purposes of tourism, business, sports or recreation, or of a similar nature; and, h) when the crime is carried out using as support of information and communication technologies, including the internet.
When the perpetrators of the crime of trafficking of persons are the organizers, bosses, leaders or financiers of illegal groups or structures of crime organized, national or transnational, will be punished with a penalty of twenty to twenty-five years in prison.
Remuneration in the crime of trafficking of people article 56.-that request, promise, pay or give back any type of benefit to third parties to perform acts involving victims of the crime of trafficking of people, regardless of the forms referred to in this law, it shall be punished with imprisonment from four to ten years.
When the victim was girl, child, teenager, adult person or person with a disability, imprisonment will increase by one third of the maximum.
Consent of the victim Art. 57.-the consent given by the victim, regardless of your age, not may be valued in no case or instance, is this administrative or judicial, as cause exclusive or mitigating of the responsibility criminal.
Chapter XII provisions procedural not criminality article 58.-not are responsible for criminal or administratively the victims direct of the crime of is of people, when these have committed made punishable as consequence or result direct of its condition of victim of the same crime.
Advance of test article 59.-in relation to the advance of proof concerning the offences set out in the previous chapter, shall apply the provisions of articles 213 and 305 of the code of criminal procedure, with the following 23 amendments: to) once presented the request for the advance, the judge must resolve within one period not exceeding forty-eight hours; and, b) for the reception of the advance of trial the judge must use any technological means such as: special cameras, video conferencing, recordings, closed circuit or any other means in order to ensure the purity of the Act, to prevent any form of re-victimization.
Will apply in all those cases when a person is accredited as victim by the procedure corresponding.
Measure precautionary special article 60.-when a local commercial, establishment or property of any nature, is used for the Commission of the crime of is of people, it or the judge even of trade will Decree of form provisional the closing of the same, without prejudice of it established in the law special of extinction of domain and of the administration of goods of origin or destination illicit , as the rights of property owners.
In case of urgent need, the Attorney General of the Republic may impose such a measure on an interim basis, but the closure may not exceed three days, within which must report to the competent judge who ratified the measure or not.
The permissions that have been granted by different authorities to the functioning or operation of such local, establishments or real estate, in favour of natural or legal persons, shall be similarly suspended immediately, subject to the corresponding court ruling.
Closure of the establishment of an entity's attention to children, adolescents, women, older adults or persons with disabilities.
Article 61.-When you will enjoin the closure of the establishment of an entity's attention to children, adolescents, women, older adults or persons with disabilities, will proceed in accordance with the established in the previous article, this resolution, for the purposes of notification and must be certified and so adopted protection measures corresponding to the Executive direction of the National Council of childhood and adolescence the Salvadoran Institute for the integrated development of children and adolescents of the Salvadoran Institute for the development of women, the National Council for comprehensive care of the older adult programs or the National Council for comprehensive assistance to persons with disabilities, according to the respective competences.
Imprescriptibility of crimes article 62.-do not prescribe prosecution for the offences mentioned in the previous chapter, provided that in the case of acts whose start of execution were subsequent to the entry into force of this.
24 fitness of spaces Art. 63.-them institutions in where is have that develop proceedings own of the process criminal or procedure administrative to which should attend them victims of the crime of is of people, must count with areas appropriate for receive them and assist them while is made them same, according to their features, guaranteeing in all time its not victimized and the protection of his integrity personal.
The case of girls, children, adolescents, older adults or persons with disabilities victims of this crime, these proceedings will be conducted in ideal spaces that guarantee the protection and exercise of their rights.
Chapter XIII disposal TRANSIENT hostels temporary article 64.-before the establishment of hostels provided for in article 32 of this law, the institutions that make up the Council determined by this, will make available its facilities and resources to protect and play host to the victims of the crime of trafficking of persons, in conditions suitable for this purpose. Also ensure to girls, children, adolescents, older adults and people with disabilities victims of this crime, to have a shelter and special care that ensures non-victimized and the protection of their personal integrity, in the same way will generate conditions so that the victims are addressed as subjects of rights in a comprehensive manner, without discrimination on grounds of age gender, culture, and any other condition inherent in the person.
Chapter XIV provisions late character special of the law article 65.-the provisions of this law, for its speciality, shall prevail over any other governing with general or special, the same stuff.
Regulation article 66.-Notwithstanding the entry into force and application of the present law, the Executive branch must enact the implementing regulation of the same, within a maximum period of ninety days after its publication.
A protocol of action, from the publication of the regulation of this law shall be applied.
25 Derogatorias article 67.-repeal article 205, 367-B and C-367 of the criminal code and all other legal provisions that are opposed or which are incompatible with the application of this law.
Application extra article 68.-in matters not provided for in this law, shall apply the relevant, the provisions of international norms ratified by El Salvador, as well as provisions of the common law which does not counteract it.
Entry into force article 69.-the present Decree shall enter into force sixty days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, on sixteenth day of the month of October in the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.
House presidential: San Salvador, to the ten days of the month of November in the year two thousand fourteen.
26 published, Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and public security.
D. o. No. 213 volume no. 405 date: November 14, 2014 JQ/geg 10-12-2014 legislative index
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