Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE NO 824
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic in its articles 1 and 4 recognizes the human person as the origin and end of the activity of the State, guaranteeing that every person is free in the Republic and no one can be subjected to servitude or any other condition that undermines their dignity.
II.-That El Salvador Has Ratified by Legislative Decree No 238 of 18 December 2003, published in Official Journal No 240, Volume No 361 of 23 September 2003, the Protocol for the Prevention, Represpressing and Punishment of Trafficking in Persons, in particular Women and Children, which complements the United Nations Convention Against Transnational Organized Crime, as well as other international human rights instruments that oblige the State of El Salvador to prevent, combat, protect,
III.-That the Salvadoran State guarantees the victims of this crime. the right of foreign victims to recognise the status of refugee and the principle of non-refoulement, in accordance with the 1951 Convention on the Status of Refugees and its 1967 Protocol, Ratified by Legislative Decree No 167, On 22 February 1983, published in Official Journal No 46, Volume No 278 of 7 March 1983, as well as the procedure laid down in the Law for the determination of the status of refugees.
IV. No 90, dated 18 July 2011, published in the Official Journal No 158, Volume No 392 of 26 August 2011 The same year, the National Council Against Trafficking in Persons was created, as the governing body in this area, for the elaboration of plans, programs and public actions aimed at preventing and combating this crime, as well as for the attention and protection in an integral way to the victims of the same.
V.-That by Executive Agreement N ° 450, dated November 21, 2012, the National Policy Against Trafficking in Persons of El Salvador was created, in order to establish a framework State strategic policy, with the aim of achieving a comprehensive and effective approach to human trafficking.
VI.-That the Crime of Trafficking of Persons considered today with every reason as the slavery of the twenty-first century, is a crime that seriously violates the Human Rights of every person affected, especially in girls, children, adolescents and women, which destroys the very essence of people in their lives, their freedom and integrity, which cosifies the human being, producing degrading effects for the dignity, physical and mental health of the people, generating indelible marks to the tissue social, being a crime against humanity.
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VII.-That it is the duty of the State to create the normative and institutional instruments that allow and facilitate the comprehensive approach of this crime, aimed at its detection, prevention, persecution and punishment, as well as the comprehensive care, protection and restitution of victims ' rights and guarantee the appropriate mechanisms for the repair of damage caused to them.
BY TANT,
in use of their Constitutional powers and on the initiative of the Deputy: 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 of the Presidential period 2009-2014; of the Deputies and Deputies of the Legislature 2012-2015 Othon Sigfrido Reyes Morales, Guillermo Antonio Gallegos Navarrete, Guillermo Antonio Mata Bennett, Irma Lourdes Palacios Vásquez, Lucia del Carmen Ayala de León, Carmen Elena Calderón Sol de Echelon, Ana Marina Castro Orellana, Rosa Alma Cruz Marinero, Margarita Escobar, Carmen Elena Figueroa Rodriguez, Norma Fidelia Guevara of Ramírios, Rodolfo Antonio Martinez, Mario Marroquín Mejia, Heidy Carolina Mira Saravia, Rodolfo Antonio Parker Soto, Mariella Pena Pinto, David Ernesto Reyes Molina, Karina Ivette Sosa and Donato Eugenio Rivas Vaquerano.
DECRETA, the following:
SPECIAL LAW AGAINST HUMAN TRAFFICKING
CHAPTER I GENERAL PROVISIONS
Object of Law
Art. 1. This Law is aimed at the detection, prevention, prosecution and punishment of the Crime of Human Trafficking, as well as the comprehensive care, protection and restitution of the rights of the victims, persons dependent or responsible by procuring the mechanisms that enable this purpose.
Application Scope
Art. 2.-The provisions laid down in this Law are of general application to any natural or legal person who is or acts on the national territory, and shall apply to the comprehensive approach to all modalities of the Crime of Human Trafficking and Related Activities, whether national or transnational, whether or not related to organized crime.
The comprehensive care and protection established in this Law will apply to victims within the national territory, as well as to the (a) national (s) in the field of foreign nationals, who shall enjoy the protection of their rights in accordance with the relevant national and international agreements and regulations.
Definitions
Art. 3.-For the purposes of this Law, the following definitions shall apply:
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a) Human exploitation: when a person disputes the physical integrity of another to perform sexual exploitation activities in their various forms; commercial sexual exploitation in the tourism sector; slavery; servitude; forced labour; exploitation of begging; forced pregnancy; marriage or forced union; adoption fraudulent; as well as for extracting, trafficking, fecundar or illicitly obtaining organs, tissues, fluids, cells, human embryos or for the use of persons in clinical or pharmacological experimentation; as well as the use of girls, boys or adolescents in criminal activities;
b) Victim of Trafficking in Persons: the person who has, directly or indirectly, suffered any of the effects of the Crime of Trafficking in Persons and Activities, which includes damages, physical or psychological injuries, affectation to the own image, suffering the emotional or impairment of their fundamental rights; regardless of the identification, apprehend, prosecute or convict the person who is the author of the criminal act.
He is a direct victim of this crime, who personally suffers the effects of this crime. Indirect victims are the people of their family core and their dependents;
c) Dependents: they are all those people that the victim is in charge of or is obliged to support, whether they are members or not of the family nucleus;
d) any person involved in any of the activities listed in Article 54 of this Law;
e) Misleading advertising: advertising which by any means leads to error as a result of the presentation of the advertising message, of the information that is transmitted or by the omission of information in the message itself, with the object capture or recruit persons, in order to subject them to any kind of human exploitation or to induce the Committee of the Crime of Human Trafficking and Activities;
f) Advertising Ilicite: the atentatory publicity against the dignity of the person or who violates the principles and rights recognized in the Constitution, and which is used to directly or indirectly promote the Committee on the Crime of Human Trafficking and Related Activities; and,
g) Restitution of Rights: includes the return of the victim to the enjoyment of his fundamental human rights, in particular family life when this does not involve risk, return to the place of residence when it is safe and reintegration into work, including formal and continuing education; and access to the relevant mechanisms to make the repair of damages caused by the offense.
General Principles
Art. 4.-For the implementation of this Law, the following basic principles will be taken into account:
a) Principle of Universality of Human Rights: in all the provisions aimed at the integral approach of Human Trafficking, it must be taken as a foundation of respect
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and the Human Rights of Victims of Human Trafficking, comprising the return of the same. For all purposes, non-discrimination of persons is guaranteed for no reason or condition;
b) Principle of the Higher Interest of the Child, Child or Adolescent: in administrative and judicial procedures involving girls, children or adolescents, their higher interest will prevail, which must ensure respect for their rights with comprehensive care and protection;
c) Principle of Integral Care: State institutions will implement measures aimed at ensure the comprehensive care of victims of the Crime of Human Trafficking, including, when proceed, in cooperation with non-governmental organizations and other sectors of civil society;
d) Principle of Integral Protection: victims and witnesses of Trafficking in Persons, their dependents or persons responsible shall be the subject of the comprehensive protection, whether or not they have filed a complaint;
e) Principle of Confidentiality: all administrative or judicial information related to the investigation and protection of victims of the Crime of Human Trafficking, its dependents, responsible persons and witnesses, shall be of a confidential nature; their use shall be reserved exclusively for the purposes of the investigation.
This obligation extends to all judicial and administrative instances, as well as to non-governmental organizations; and,
f) Principle of non-revictimization: persons participating in the administrative and judicial procedures, shall avoid any action or omission that again injures the physical, mental or psychological state of the victim of the Trafficking in Persons, their dependents or persons responsible, including the exposure of cases to the media.
Modes of Human Exploitation
Art. 5.-For the purposes of this Law, the following are methods of human exploitation:
a) Serviumo: state of dependence or submission of the will, in which the treatment induces or forces the victim of Human Trafficking to perform acts, works or services;
b) Sexual exploitation: all actions aimed at inducing or forcing a person to perform acts of a sexual or erotic nature, in order to obtain an economic or other benefit for himself or a third. This includes the acts of prostitution and pornography;
c) Commercial Sexual Exploitation in the Tourism Sector: the use of persons in activities for sexual purposes, using for that purpose the services and tourist facilities;
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d) Forced Work: Work or Service Required for a Person, Under Threat or Coaction;
e) Slavery: status or condition of a person, over which the will or absolute control of another person is exercised, to the point that it is treated as an object;
f) Forced begging: it is the exploitation of one or more people, forcing them or using them to ask for money or other benefit in favor of the treatment;
g) Pregnancy Forced: Induction to a girl, teenager or woman through force or deception to become pregnant, regardless of purpose;
h) Marriage or Union Forzada: action by which a person is promised against their will or forced to marry, or to sustain a relationship in fact, in exchange for a benefit in favor of the treating person or a third person;
i) Fraudulent adoption: occurs when it has been preceded by a sale, subtraction, deprivation of liberty, abduction of girls, boys or adolescents, delivered for adoption with or without the consent of their parents, guardians or relatives, in contravention of the Law on the subject;
j) Illegal Traffic in Organs, Tissues, Fluids, Cells Or Human Embryos: consists of obtaining, extracting, implanting, transporting, trading, possessing or have illicit organs, tissues, fluids, germ cells or embryos;
k) Clinical or Pharmacologic Experimentation: the realization of any person, without their consent, of medical tests or experimentation with drugs or medicines, for the benefit of the treating or a third party; and,
l) Pornographic Material: comprises the distribution, reproduction, possession and use of pornographic material of victims of the Crime of Human Trafficking by any means and of all nature, particularly computer.
Interpretation and Integrality of the Law
Art. 6. This Law shall be interpreted and applied harmoniously with the special laws concerning the protection of the rights of girls, boys, adolescents, women, elderly persons and persons with disabilities; and with the instruments International human rights in the country.
CHAPTER II NATIONAL COUNCIL AGAINST HUMAN TRAFFICKING
Creation
Art. 7.-Create the National Council Against Trafficking in Persons, hereinafter "the Council", as an interinstitutional body responsible for the formulation, monitoring, coordination and evaluation of the National Policy Against Trafficking in Persons, how to develop and drive the respective National Plan
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of Action.
Organizational Structure
Art. 8. The structure of the Council shall be composed as follows:
a) The Full Council;
b) The Executive Secretariat; and,
c) The Technical Committee.
Integration
Art. 9. The Council shall be composed of the titular person or representative appointed by the Board of Directors or Board of Directors, as the case may be, of the following institutions:
a) Ministry of Foreign Affairs;
b) Ministry of Foreign Affairs Justice and Public Security;
c) Ministry of Education;
d) Ministry of Health;
e) Attorney General of the Republic;
f) Attorney General's Office;
g) Secretariat for Social Inclusion;
h) Salvadoran Institute for Women's Development; and,
i) National Council of Children and the Adolescence.
The Council will be chaired by the head of the Ministry of Justice and Public Security, who will exercise the inter-institutional relations of the Ministry.
They will also participate permanently within the (
) National Civil Police;,
b) Directorate-General for Migration and Foreign Affairs.
The and the headlines may be replaced by the following: respective Deputy Minister, Deputy Secretary, Deputy Prosecutor or Executive Director, or the official who designate the Board or Council
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Directing, as the case may be. The functions in the Council shall be carried out at the same time.
Each holder may be accompanied by the meetings of the Council, and the technicians it deems appropriate.
The Council may also invite or invite other members from time to time. Ministries or other governmental or non-governmental organizations deemed necessary for the comprehensive approach to the Human Trafficking Crime.
Privileges
Art. 10. In order to comply with this Law, the Council will have the following main powers:
a) Designing, approving, evaluating, modifying and disseminating the National Policy Against Trafficking in Persons, as well as preparing and promoting the National Plan of Action;
b) Propose to the Executive Body, initiatives of necessary reforms that will be deducted from the situational analysis of the Crime of Human Trafficking in the country, in order to strengthen the normative and institutional framework of the State to prevent and combat such crime;
c) Issue opinion or provide advice on any aspect, of a national or international nature, that relates to this Law, especially when required by the Government Bodies;
d) To encourage actions to strengthen and facilitate the participation of Government and non-governmental entities in the prevention and combat of Human Trafficking Crime as well as the comprehensive care and protection of victims. In this sense, it will encourage the inclusion of civil society as a support for the achievement of these goals;
e) Evaluate the implementation of the National Policy Against Trafficking in Persons every three years, the National Plan of Action and its results each year, presenting to the President or the President of the Republic the conclusions of its evaluation, to have the relevant available;
f) To establish the general lines of administration of the Fund to the Victims of the Crime of Trafficking in Persons, established in this Law and administered by the Ministry of Justice and Public Security;
g) Render an annual public outreach report on the implementation of its powers, and on the implementation of the National Policy Against Trafficking in Persons and its National Plan of Action;
h) Validate or establish protocols inter-institutional interviews, comprehensive care, return and repatriation of victims of the Human Trafficking Crime, as well as in the cases brought to justice to prevent their revictimization; and,
i) Other attributions deriving from the compliance with this Law.
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Specialized Unit at Fiscal Headquarters
Art. 11.-The Office of the Prosecutor General of the Republic will create the Specialized Unit Against Trafficking in Persons and Related Crimes, which will have the necessary specialized, logistical and technical personnel for the investigation and prosecution of cases in this area. matter.
Specialized Unit at Police Headquarters
Art. 12.-Believe in the National Civil Police, the Specialized Unit Against Trafficking in Persons and Related Crimes, which will have the specialized personnel and technical, logistical and financial resources necessary to guarantee the investigation and operativization of cases in this subject.
Executive Secretariat
Art. 13.-The President or the President of the Council shall appoint a person in charge of the Executive Secretariat, from among the personnel of the Ministry of Justice and Public Security, who shall comply with the technical requirements for their performance, and shall count on the resources necessary for this purpose.
The Executive Secretariat is the technical and management body of the Council, which will have the specialized, logistical and technical human resources necessary for the fulfilment of the Council's powers and the own, established in this Law.
Functions of the Executive Secretariat
Art. 14.-They are the functions of the Executive Secretariat:
a) Communicate the calls instructed by the President of the Council for the ordinary and extraordinary sessions of the Council;
b) Elaborate the Acts of the Council meetings;
c) Follow up on compliance with Council Agreements and Resolutions;
d) Develop the annual memory project;
e) Develop the reports that are requested by the Council;
f) Be the depository of the Council files;
g) Coordinating the Technical Committee;
h) Being the link between the Committee Technical and Council;
i) Coordinate meetings at the express request of the Council, with governmental or non-governmental, national or international organizations;
j) Create an updated directory of organizations government, not
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government and international cooperation, which collaborate or participate on a permanent basis or temporary in dealing with the Human Trafficking Crime in any of its axes of intervention;
k) Coordinate the continuous training of the staff assigned to the Specialized Units and other institutions linked to the topic; and,
l) Others that the Council establishes.
Technical Committee
Art. 15.-For all technical and operational purposes, the Council shall have a Technical Committee, hereinafter "the Committee", which shall be composed of a person delegated to each of the institutions of the Council, and a delegated person. of each of the following institutions:
a) Ministry of Government and Territorial Development;
b) Ministry of Labor and Social Welfare;
c) Ministry of Tourism; and,
d) El Salvador Institute for Development Integral to Childhood and Adolescence.
The and the institutions ' headlines shall ensure that the representative representative appointed to the Committee is aware of the comprehensive approach to the Human Trafficking Crime.
The Committee shall meet at least once a month and extraordinarily at times. it is necessary, with a record of the attendance and support of the meetings that merit it.
The Committee, subject to the authorization of the Council, may invite through the Executive Secretariat on an occasional and in-character basis. Consultative to other Ministries; representatives of various public and private institutions and bodies of a national or international nature; natural or legal persons linked to the matter, as well as representatives of countries or cooperating organizations, all specialists in the prevention and combat of the Crime of Human Trafficking, as well as in the comprehensive protection and protection of victims.
Committee functions
Art. 16.-These are the functions of the Committee:
a) Develop the proposal for National Policy Against Trafficking in Persons and the National Plan of Action;
b) Develop the Annual Operational Plan, in accordance with guidelines to be determined by the Council;
c) Formulate technical proposals on the prevention and combat of the Crime of Human Trafficking, as well as comprehensive care and protection for victims of this crime, which must be presented to the Council, through the Secretariat Executive, for
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its respective review and approval;
d) Advise the Council, when required, on specific topics related to the Crime of Human Trafficking;
e) To provide regular reports to the Council on the activities it carries out, in particular the functions of the Immediate Response Teams and the working groups direct social reintegration processes;
f) Monitoring and monitoring all the actions arising from the implementation of the National Policy Against Trafficking in Persons, the National Action Plan and the Annual Operational Plan for which it should regularly report to the Council;
g) Support and coordinate, at the request of the Council, the processes of comprehensive care and social reintegration of victims of Human Trafficking Crime;
h) Constituting internal work teams for the study of specific topics; e,
i) Other that the Council will entrust to them to achieve objectives and objectives of the National Policy Against Trafficking in Persons, the National Plan of Action and the programs and projects that are derived from them.
Representatives, Delegates and Delegates of the Committee
Art. 17.-All representatives or delegates of the Committee and their alternates shall carry out their work ad honorem.
Logistics Support
Art. 18.-The Committee shall have the administrative and logistical support of the Executive Secretariat for the fulfilment of its purposes.
Immediate Response Teams
Art. 19.-When the institutions that make up the Council, have knowledge of a case that for their conditions needs an imminent treatment, they will be able to ask the President of the same or this one of office, to activate the Response Team Immediate integrated by people with appropriate expertise to ensure immediate comprehensive care measures.
Once the Immediate Response Team is activated, with the fundamental purpose of protecting eventual victims of the Crime of Trafficking in Persons, the Executive Secretariat will coordinate with the institutions and follow up to the case until its completion, who will report to the Council detailing the steps taken and the recommendations it deems necessary.
The procedures of the Immediate Response Teams will be developed in the of this Act.
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Working Groups
Art. 20.-Working groups are created as specialized agencies that will be responsible for the activation and monitoring of comprehensive care and protection measures, as well as for social reintegration processes.
The procedures of the working groups will be developed in the Regulation of this Law.
Collaboration of the Institutions
Art. 21.-The various institutions involved in the subject matter of this Law, within the sphere of their respective legal powers, will cooperate with the Council in the development and implementation of the National Policy Against Trafficking in People, as well as their corresponding National Action Plan.
CHAPTER III NATIONAL POLICY AGAINST HUMAN TRAFFICKING
National Policy Against Trafficking in Persons
Art. 22.-The Council, shall prepare, coordinate and implement the National Policy Against Trafficking in Persons, hereinafter "the Policy", as well as its corresponding National Plan of Action and Annual Operational Plan.
Policy
Art. 23.-All Organs, State dependencies and Municipalities shall be responsible for the implementation of the Policy and the National Plan of Action, in accordance with their institutional competence and under the coordination of the Council.
Objectives Strategic
Art. 24. This Policy will have as a strategic purpose the eradication of all kinds of slavery, exploitation or servitude that undermines human dignity, to guarantee a free life of Human Trafficking in its different modalities, for which The State shall make the necessary efforts, in the prevention of crime, the combat of crime, the integral care and protection of victims, as well as the integral restitution of their rights.
Essential Content of Politics
Art. 25.-Without prejudice to other content deemed necessary, the Policy shall contain at least the following axes:
a) Detection;
b) Prevention;
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c) Comprehensive Care;
d) Comprehensive Protection;
e) Restitution;
f) Persecution;
g) Inter-institutional coordination and cooperation;
h) Cooperation between States;
i) Anti-corruption; and,
j) Specialized training
CHAPTER IV PREVENTION
Prevention Approach
Art. 26. "Prevention approach" means all plans, projects, programs and strategies aimed at transforming the risk environment and strengthening the skills and conditions of people and communities for the eradication of trafficking.
To do this, the institutions that participate in the prevention strategies of the Human Trafficking Crime will focus their resources according to their competencies, and will develop measures such as:
a) documents, dissemination of information through the means of social and institutional communication, inclusion of the Human Trafficking Crime approach within the curriculum of the Ministry of Education at all levels, development of multisectoral discussion forums, implementation of campaigns focused on the most vulnerable groups, promotion -constant training for public officials of all institutions; and,
b) Design and implement inter-institutional protocols for action, to detect and to prevent with agility the modalities of the Crime of Human Trafficking and the geographical areas with the highest incidence of this crime. Strengthen international cooperation through agreements that aim to prevent the Crime of Human Trafficking, focusing mainly on the Central American region.
The above, without detriment to the initiatives that promote and carry out the Council, through its Technical Committee in governmental, non-governmental and civil society organizations, in accordance with the provisions of the Policy.
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Special Obligations
Art. 27.-Corresponding to the institutions of the State defined in this Law, to allocate the necessary personnel and resources in order to comply with the provisions of the previous article. Likewise, they will be obliged to establish the necessary mechanisms to prevent and eradicate the acts of corruption of the officials, in the promotion or tolerance of the Crime of Human Trafficking and its modalities.
Participation Citizen
Art. 28.-The Council will encourage the participation of civil society in the actions of information, prevention of the Crime of Human Trafficking, as well as in the integral attention 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 subject.
CHAPTER V COMPREHENSIVE CARE AND PROTECTION
TO THE VICTIMS
Rights
Art. 29.-In addition to those established by national and international regulations, are the rights of victims of the Human Trafficking Crime:
a) Immediate and comprehensive care;
b) Protection of their physical and emotional integrity;
c) Receive clear and understandable information about their legal status and immigration status, in a language, medium or language that they understand and according to their age, evolutionary development of their faculties or condition of disability, 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 the attention of any person the victim considers necessary for their emotional or psychological support;
e) The protection of their identity and privacy;
f) judicial or administrative proceedings are always held in private hearings outside the presence of the media and the public in general, in safe places and with the use of special cameras and other electronic means, and
g) Immigration protection including the right for the protection of workers foreign to remain in
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Salvador and to receive documentation that accredit such a circumstance, in accordance with what have the International Treaties and this Law;
h) To be provided with voluntary, safe and assisted repatriation to the place where their domicile is based;
i) To be provided with resettlement, when the circumstances determine the need for your transfer to a third country; and,
j)
All rights of victims of trafficking in persons recognized by the Constitution, International Treaties in force in El Salvador and Laws of the Republic, are integral, unrenountable, indivisible and interdependent.
Special Protection of Girls, Children and Adolescents
Art. 30.-In addition to the measures provided for in this Law and without prejudice to other special laws, girls, boys and adolescents who are victims or witnesses are entitled to the following special protection:
a) Receiving care and specialized, appropriate and individualized care according to the needs resulting from their condition of subjects in full personality development;
b) To be heard using means according to their age and maturity, and that their opinions are taken into account. The authority must inform you about all the actions that affect them at each stage of the process;
c) To testify under special conditions of protection and care, before the competent court, in a reserved hearing, and without the presence of
d) At the time of the interviews, examinations and other forms of inquiry, the persons concerned may be assisted by specialised professionals, under his or her language, language and in the presence of any parent, guardian or delegate of the Attorney General's Office General of the Republic when they lack legal representative or there are competing interests; and,
e) In cases of doubt in which the age of the victim of the Crime of Human Trafficking and Related Crimes is not established, his or her This is not proven otherwise.
Immediate Comprehensive Care Measures
Art. 31.-The Committee will ensure and coordinate the immediate comprehensive care measures of the
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victim of Human Trafficking Crime, executed from the time of the location, identification or rescue of the victim until he/she is transferred to the specialist hostel where appropriate; and taking into account the special needs of each victim. Such measures shall include at least:
a) Necessary medical and clinical care, including, where appropriate and with due confidentiality, detoxification and testing for other diseases or situations that require it;
b) Inputs to meet their basic needs for personal hygiene, food and clothing;
c) Dispose of adequate and safe accommodation;
d) Legal advice, psychological and psychological care, in a confidential and full manner respect for their dignity and privacy, in a language, media and language they understand; and,
e) Translation and interpretation assistance according to your language and condition of disability.
Comprehensive care will also be provided to family, dependent or responsible persons who have immediate relationship with direct victim, and persons who have suffered damage by intervening to assist the victim in distress or to prevent revictimization.
Albergues and Specialized Care Centers
Art. 32.-The Council will propose the creation of shelters and specialized care centers, for the integral care of victims of the Crime of Human Trafficking, in the different areas of the country, and will provide all human, technical and logistics for its operation. These shelters and care centers will be staffed by specialized personnel.
Extended Care Measures
Art. 33.-The institutions with competence in the field under the coordination of the Council, are obliged to continue the accompaniment of the victim of the Crime of Human Trafficking in the integral psychological, legal and social reintegration care, To ensure that their rights are fully restored.
These measures will be applied in parallel and in conjunction with immigration protection during the necessary period of restoration, and will be determined by specialized personnel responsibility for the accreditation, comprehensive care of victims of this crime and protection of victims and witnesses.
Social Reintegration Programs
Art. 34.-The State will structure programs aimed at providing the victim of Human Trafficking Crime, comprehensive care and support, as well as providing training opportunities to help you overcome the damage caused by this crime and provide you with subsistence tools for
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yes and your family.
The participation of victims in reintegration programs social, will be carried out in an expeditious and priority manner, and in strict respect for human dignity.
Measures related to the Right to Education
Art. 35.-In the case of girls, boys or adolescents who are victims of the Crime of Trafficking in Persons abroad, when returning to the country, the Ministry of Education may dictate the measures that correspond to the approval or regularization of the studies that you have performed.
Identification of Victim Person
Art. 36.-The national authorities in coordination with the diplomatic and consular representatives accredited in El Salvador must use all necessary means to determine the identity of the victims of the Crime of Human Trafficking foreign nationals in El Salvador, nationals who are outside the national territory and who do not have identification documents. Similarly, persons who are dependent or responsible for the victim who do not have an identity card will be held.
For the identification of the nationals will proceed, in coordination with the National Registry of the Persons Natural persons, who will have the obligation to process within a period of not more than forty-eight hours, requests that for this purpose are made.
The absence of identification documents shall not prevent the victim, his or her dependents or persons from responsible have access to all comprehensive care or protection services to which they are refers to this Law.
Immigration Status
Art. 37.-The State may take the necessary measures to allow any victim of the Crime of Trafficking in Persons to remain temporarily or permanently, as the case may be, in Salvadoran territory due to their recovery or collaboration. with the investigation and judicial process, with the necessary legal assistance, whether or not it collaborates in the pursuit of the crime where it is a victim, with the possibility of extensions for the same period.
If the victim is a child, child, adolescent, elderly person or person with disabilities, the State must observe all the rights that international instruments and special national regulations provide for them.
In addition, the corresponding study will be carried out through the working groups, in which humanitarian factors will be taken into account, personal and security, to determine the immigration status, respecting the opinion of the victim. In the case the temporary stay permit is granted, it will be granted for a period of up to one year, which may be extended for the same period.
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Information Confidentiality
Art. 38.-All information relating to the Crime of Human Trafficking is confidential, both the information provided by the victim and the witnesses, as well as the information obtained in the investigation process, whether in administrative or judicial offices or in the case of agencies. government or non-governmental. All measures necessary for the protection of the identity and location of the victims, their dependents, persons responsible and witnesses are hereby protected. With the exception of information needed for statistical or academic purposes.
Institutions in charge of the detection, comprehensive care and protection of victims, as well as the prosecution of the Human Trafficking Crime, by common accord, implement and implement a Protocol of Action, under the coordination of the Council and through its Technical Committee, on the reception, storage, supply and exchange of information related to this crime, ensuring the confidentiality provided for in this provision.
Integral Protection of Victims of the Crime Human Trafficking
Art. 39. The victims of the Crime of Trafficking in Persons who decide not to file a complaint or to collaborate with the authorities, will receive comprehensive protection in situations of threat, after assessment of the risk. The protection shall be the responsibility of the competent institution, as the case may be, in accordance with the Special Law for the Protection of Victims and Witnesses.
CHAPTER VI EFFECTIVE ACCESS TO JUSTICE AND FAIR TREATMENT
Legal Assistance
Art. 40.-The Salvadoran State shall ensure that the victim of the Crime of Trafficking in Persons, National or Foreign, within the territory of El Salvador has the specialized legal assistance, free and expeditious in all matters related to the criminal or administrative processes involved in his or her status as a victim, and in the processes of social reintegration.
Regarding the connational victims abroad, the Consulate of El Salvador accredited in the country where there is The offence must be guaranteed by specialised legal assistance. In addition, the Ministry of Foreign Affairs will provide this assistance to relatives in the case of non-located persons.
From the Civil Liability of the Treating and its Consequences
Art. 41.-In all cases where the court has jurisdiction to declare the person or the defendant criminally responsible for the Crime of Trafficking in Persons, it shall also be considered in accordance with the Criminal Code in the sentence of the judgment of the amount of the responsibility The civil liability for the damage caused to the victims, their dependents or persons responsible, amount to be fixed in the same from the evidence provided by the Office of the Prosecutor General of the Republic.
Regarding the precedence of the payment of obligations, corresponding to civil liability
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for the Crime of Human Trafficking, except for the obligation to give food, is preferred to the payment of any other financial obligation or penalty. It will be effective, once the sentence is declared firm, within ninety days, except for circumstances that will benefit the victim's benefit.
For the purposes of this Law, civil liability must be understand:
a) Compensation to the victim of the Trafficking in Persons, their dependents or persons responsible, for damages caused by material or moral damages, including transportation costs, the return to their place of origin or transfer to another country where appropriate;
b) Restitution of any other loss material suffered as a result of the achievement of the punishable act, or failing that, the payment of the respective value; and,
c) The payment of the procedural costs.
The above is without prejudice to the State through its institutions, must guarantee the victim, its dependents or responsible persons, all relevant mechanisms to make the repair of the damage caused by the crime effective.
CHAPTER VII MIGRATORY SECURITY
Repatriation
Art. 42.-The competent authorities shall facilitate the repatriation of persons who are victims of the Crime of Trafficking in Persons, nationals abroad, without undue delay and with due respect for their rights and dignity.
Foreign victims in the national territory will be asked to cooperate with the corresponding Diplomatic and Consular representations.
Resettlement
Art. 43.-The resettlement process shall proceed when the victim, his or her dependents or persons responsible cannot return to their country of birth or residence and cannot remain in El Salvador because of a threat or a reasonable danger affecting their life, integrity and personal freedom. The resettlement of the victim will be carried out on the basis of international cooperation and the Conventions ratified on the subject, and for its implementation, the opinion of the victim will be respected at all times.
Condition of Refuge
Art. 44.-The provisions of this Law shall not affect the right of the victim of the Crime of Trafficking in Persons to apply for refugee status to the national authorities concerned, on the basis of humanitarian law and, in particular, to the Convention on the Status of Refugees and its Protocol, as well as request the application of the principle of non-refoulement enshrined in such instruments.
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Diplomatic and Consular Representatives
Art. 45. Each Diplomatic or Consular Representative of El Salvador shall assist the Salvadoran citizens who, finding themselves outside the country, are victims of the crime described in this Law, and facilitate their return to the country if they do so. They ask. In addition, they will make representations to the authorities of the country where they are accredited in order to ensure the safety of the victim, safeguard their life, integrity and personal freedom.
CHAPTER VIII NATIONAL INFORMATION SYSTEM ABOUT HUMAN TRAFFICKING
National Human Trafficking Information System
Art. 46.-The National System of Information on Trafficking in Persons, hereinafter "the System", will be an instrument of collection, processing and analysis of statistical and academic information on characteristics and dimensions of internal trafficking and in El Salvador, its causes and effects; and will serve as a basis for the formulation of policies, programs and strategic plans, as well as to measure the fulfillment of the objectives outlined in the policy, its National Plan of Action and the programs and projects that are derived from them.
For such purposes, the Information and Analysis Directorate The Ministry of Justice and Public Security shall establish, develop, coordinate and maintain the operation of that System, through the Executive Secretariat that will collect and systematize the information provided by the different units and entities. The results of the academic, social, judicial and criminological investigations are part of the Council. This data will be periodically updated.
Information Supply
Art. 47.-Government and non-governmental organizations that handle information related to Human Trafficking shall provide the Executive Secretariat for the corresponding registry in the System every six months.
The data provided to the System may be made known to the public, in numerical summaries, reports and statistics which do not include personal data of victims or of a judicial or police operation, and which do not allow any information to be deducted from an individual character which may be used for discriminatory purposes or which endangers the rights to life, liberty and personal integrity and to the privacy of the victims and witnesses.
The System will have the necessary human and logistical resources and the corresponding technological platform for the realization of its aims.
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CHAPTER IX FINANCIAL
Budget Allocation
Art. 48. In order to comply with the purposes assigned to the Council in this Law and to ensure its functioning, the State shall make the corresponding allocation in the Ramo of Justice and Public Security. In addition, it will have the following resources:
a) The contributions, grants, donations, legacies and inheritances from institutions, natural or legal persons, national or foreign, public or private intended for the purposes of this Law;
b) Those who grant you special laws;
c) 15 percent of the funds that come from the administration or sale of goods, products, and the object of the Crime of Trafficking in Persons that are seized, of compliance with the Law in the field; and,
d) The others who obtain any title.
Council Tax Regime
Art. 49.-The Council shall be exempt from all taxes, duties and any form of contribution or charge, with the exception of the Tax on the Transfer of Furniture and Services.
payment of municipal tax obligations, for the activities of the same, in accordance with the provisions of the Municipal Tax Law.
Income Tax Deductions
Art. 50.-They shall be deductible from the Income Tax, donations from natural or legal persons, in the interest of the fulfillment of the objectives of this Law and its Regulations.
CHAPTER X FUND OF ATTENTION TO VICTIMS OF CRIME ABOUT PEOPLE
Human Trafficking Crime Victim Care Fund
Art. 51.-Create the Fund to Care for Victims of the Crime of Human Trafficking, which will henceforth be called "the Fund," which will mainly count on the financial resources allocated in the General Budget of the Nation, in the Ramo del Ministry of Justice and Public Security, and with the Ajenos Funds in Custody that come from the indemnities not claimed by the victims of the Crime of Human Trafficking, after the deadline of ten years has elapsed.
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This Ministry, through the Council will create the Financial Technical Unit for the execution of the Fund, the amount of which will be periodically reviewed.
Fund Budget
Art. 52.-The Executive Body shall allocate an annual amount in the General Budget of the Nation, for the financing of the Fund created in this Law, without prejudice to the transfer to the Fund, donations and other material or financial resources that may be expressly assign special laws, international bodies, or natural and legal persons.
Destination of Funds
Art. 53.-The Fund's resources shall be exclusively intended for comprehensive care and protection, as well as for the social reintegration of victims of the Trafficking in Persons and Related Activities, according to the technical reports and recommendations from the specialists in charge of these processes.
CHAPTER XI PENALS
Human Trafficking
Art. 54.-The person who delivers, captures, transports, transfers, receives or engages persons, within or outside the national territory or facilitates, promotes or favors, to execute or to permit others to carry out any activity of human exploitation, defined in the Article 3 of this Law, shall be punishable by ten to fourteen years in prison.
Agravantes del Delito de Trea de Personas
Art. 55.-The Crime of Human Trafficking shall be punishable by sixteen to twenty years imprisonment and special disablement in the exercise of the profession, post or public or private employment, for the duration of the sentence, in the following Cases:
a) Where the victim is a child, child, teenager, elderly person or person with disabilities;
b) When the author is an official or public employee, public authority or agents of authority; without prejudice to the applicable crime, where the charge is prevailing;
c) Where there is an ascending relationship, a descendant, adopter, adopted, brother, spouse or person with whom it is marital or has such a relationship of affectivity; or in the case of guardian, curator, keeper of fact or in charge of the education or care of the victim and where there is a relationship of authority or trust with the victim, their dependents or persons responsible, whether or not a relationship is related;
d) Where the offence is committed by a person directly or indirectly responsible for the
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care for the child, child, or adolescent who is under a measure of accommodation in entities Childhood and adolescent care, whether public or private;
e) When damage or bodily injury and serious and irreversible illness will occur;
f) When the event is preceded by threat, use of force or other forms of coaction or deception;
g) When used for planning or execution of the offence, services or facilities for tourism, commercial, sporting or leisure purposes, or of such a nature; and,
h) When the offence is carried out using information and communication technologies,
when the authors of the Human Trafficking Crime are the organizers, bosses, leaders or financiers of the illicit groupings or organized crime structures, national or transnational, it will be punished with twenty to twenty-five years in prison.
Remuneration in the Human Trafficking Crime
Art. 56.-The one who requests, promises, pays or retributs with any kind of benefit to third parties, to execute acts involving victims of the Crime of Human Trafficking, without distinction of the modalities contemplated in this Law, will be
When the victim is a child, child, teenager, older adult or person with disabilities, the prison sentence will be increased by one-third of the maximum.
Victim
Art. 57.-The consent given by the victim, regardless of his age, cannot be valued in any case or instance, whether administrative or judicial, as an exclusive or mitigating cause of criminal liability.
CHAPTER XII PROCESSING PROVISIONS
No Punibility
Art. 58.-The direct victims of the Human Trafficking Crime are not criminally or administratively responsible, when they have committed punishable acts as a result or direct result of their status as a victim of the same crime.
Test
Art. 59.-As regards the advance of proof referred to the offences provided for in the previous Chapter, the provisions of Articles 213 and 305 of the Criminal Procedure Code shall be as follows
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modifications:
a) Once the advance application is filed, the or the judge must resolve within a period of not more than forty-eight hours; and,
b) For the receipt of the test advance the judge or the judge shall use any technological means such as: special cameras, video conferencing, recordings, closed circuits or any other means in order to ensure the purity of the act, in order to avoid any form of revictimization.
It will be applied in all cases when a person is credited as a victim by the corresponding procedure.
Special Precautionary Measure
Art. 60.-Where a commercial premises, establishment or property of any kind, is used by the Committee of the Crime of Human Trafficking, the judge or even of its own office shall temporarily decree the closure of the same, without prejudice to the established in the Special Law on the Extinction of the Domain and the Administration of Goods of Origin or Illicit Destination, as well as the rights of property owners.
In case of urgent need, the Office of the Prosecutor General of the Republic may order such a measure on a provisional basis, but the closure may not exceed three days, of which it must give the account to the competent judge who ratifies or not the measure.
The permits granted by the various authorities for the operation or operation of such premises, establishments or buildings, natural or legal persons, will be equally suspended immediately, subject to the corresponding judicial resolution.
Closing the establishment of a child care entity, adolescence, women, persons Older adults or people with disabilities.
Art. 61.-When the closure of the establishment of a child care entity, adolescence, women, elderly persons or persons with disabilities, shall be ordered, it shall be carried out in accordance with the provisions of the previous article, to certify this resolution, for the purposes of notification and for the adoption of the corresponding protection measures, to the Executive Directorate of the National Council of Children and Adolescents, of the Salvadoran Institute for Development Integral to the Children and Adolescents of the Salvadoran Institute for the Development of Women, National Council for Integral Care to the Programs of Older Adults or the National Council for Integral Care to the Person with Disabilities, according to the respective competencies.
Crimes Imprescibility
Art. 62.-It does not prescribe the criminal action for the offences provided for in the previous Chapter, provided that these are facts whose beginning of execution were after the validity of the same.
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Suitability of Spaces
Art. 63.-The institutions in which they have to carry out proceedings of the criminal proceedings or administrative procedure to which the victims of the Crime of Human Trafficking must attend, must have adequate areas to receive the assist them as long as they are performed, according to their characteristics, ensuring at all times their non-revictimization and the protection of their personal integrity.
When it comes to girls, children, adolescents, older adults, or persons with disabilities who are victims of this crime, these measures will be carried out in spaces
Art.
CHAPTER XIII TRANSIENT DISPOSITION
Temporary Hostels
Art. 64.-Before the establishment of the shelters provided for in Article 32 of this Law, the institutions that make up the Council determined by the Council, shall make available their facilities and resources to protect and accommodate the victims. of the Crime of Human Trafficking, under appropriate conditions. In addition, they will ensure that girls, children, adolescents, older adults and persons with disabilities who are victims of this crime have a special safeguard and comprehensive care that guarantees non-revictimization and the protection of their integrity. personnel, in the same way will create the conditions for victims to be treated as subjects of rights in a comprehensive way, without discrimination because of their age, gender, culture and any other conditions inherent in the person.
CHAPTER XIV FINAL PROVISIONS
Special Character of the Law
Art. 65.-The provisions of this Law, for their specialty, shall prevail over any other that, in general or special character, regulate the same matter.
Regulation
Art. 66.-Without prejudice to the entry into force and application of this Law, the Executive Body shall decree the Implementing Regulation thereof, within a maximum of ninety days after its publication.
A Protocol shall apply. As of the publication of the Rules of Procedure of this Law.
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Derogatoriums
Art. 67.-Articles 205, 367-B and 367-C of the Criminal Code and all other legal provisions that are opposed or incompatible with the application of this Law are repealed.
Substitute Application
Art. 68.-As not provided for in this Law, the provisions of the international regulations ratified by El Salvador, as well as the provisions of the common legislation that does not contradict it, will apply.
Vigencia
Art. 69.-This Decree will enter into force sixty days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of October of the year two thousand fourteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, LORENA GUADALUPE PEÑA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, MANUEL VICENTE MENJÍVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA LOURDES PALACIOS VÁSQUEZ, ERNESTO ANTONIO ANGULO MILLA, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, ten days into the month of November of the year two thousand fourteen.
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PUBESQUIESE,
Salvador Sánchez Cerén, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and Public Security.
D. O. No. 213 Took No. 405 Date: November 14, 2014
JQ/geg 10-12-2014
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