Counting the Cost of Justice

The mood was heavy in the courtroom as everyone waited for the judge to appear and the decision to be read. On one side of the small room sat four of the five young women who had been deceived and trafficked for sex. They wanted justice after persisting through a three year legal battle. On the other side of the room sat one of the two accused, waiting for the judge to announce her fate.

This case began in 2007 and was the very first case that IJM Cebu accepted. In late 2007, Clara (not real name) and her sister convinced five of their neighbors (all young pretty Filipinas) to move to Malaysia in order to work as singers in a singing group. For over a month, Clara and her sister helped these girls obtain all the necessary paperwork to travel to the Philippines to Malaysia and made all travel arrangements. They were even instructed to practice their singing routine so they would be ready once they got to Malaysia. Once the women arrived in Malaysia, they were told that they would begin working that night and that they would be divided two places. They thought that the names they were told were the names of their show bands, but in reality, they were the names of the casas or pub houses where they would be working. A "casa" or a "pub house" is essentially a private establishment which operates as a brothel. The five women had their visas, documents, and money taken from them as soon as they arrived. They had no freedom as they were transported back and forth between the casas, where they were sold for sex nightly, to a locked room where they were forced to stay during the day. They were told they would not be paid until they had re-paid the amount it cost to bring them to Malaysia.

After almost two weeks had passed, these five women showed tremendous courage when, despite threats against their personal safety, they devised and executed a plan to escape. Now alone and in a strange country where they didn't speak the language, the women found their way to a police station. However, when they told their story of deception and exploitation, they did not receive the help they desperately needed. After overcoming several more obstacles, the women sought assistance from the Philippines Embassy in Malaysia who believed their story and arranged for their return to the Philippines.

At this point, the case was referred to IJM for legal assistance. Both Clara and her sister were charged with trafficking under RA 9208 (the Philippines Anti-Human Trafficking Law), but only Clara was found and arrested with her sister still at large. Over the last three years, all five victims took the stand one by one and recounted how they had been deceived by Clara and her sister and sexually exploited in Malaysia. These brave women, an IJM attorney, and a public prosecutor had persisted for three long years, despite many setbacks and delays in their case, to see justice done.

The suspense was building in the courtroom as we all waited for the judge to appear. We learned however, that the judge was still finalizing his decision and so we waited... one hour... two hours... three hours... Then, all of a sudden, the judge entered. Clara was brought to the front of the courtroom for the decision to be read aloud. The clerk said that one word that would change Clara's life forever - Guilty. She was convicted for Qualified Trafficking (trafficking of either a minor or more than 3 victims), the penalty for which is life imprisonment. As soon as the clerk said those two words, life imprisonment, Clara started sobbing. The entire court room was silent. No one moved. You see, Clara does not fit the stereotype of your "typical trafficker." Clara is only 22 years old and, prior to being arrested, she was a working student at a local university, studying engineering. Even more heartbreaking is the fact that she was 3 months pregnant when she was arrested and consequently, delivered her baby in jail. Her baby was taken from her and is now living with relatives. So the words life imprisonment meant something very serious for Clara and for her son/daughter who will now grow up without a mother.

Its safe to say that everyone walked out of the courtroom that day with mixed emotions. On the one hand, justice was served. Clara made a choice to break the law when she participated in the trafficking of those five women to Malaysia. Now, she is dealing with the consequences of that choice. On the other hand, it is heartbreaking to know that at such a young age, she will now spend the rest of her life behind bars because of that choice. Andrey, IJM Cebu's field office director, said that it was important for us to be there that day, to feel the weight of that moment, to understand what it is that we are working for, to understand that when we seek justice, victory has very real consequences for the lives of the perpetrators. Andrey also reminded us that the reason we prosecute perpetrators and make a big deal of a conviction is not to be vindictive, but rather to send a clear message to the community that these actions have serious consequences. It is our hope that because of these convictions, hundreds of other would-be traffickers would choose not to traffick girls and would be spared from Clara's fate. It is our hope that as the number of traffickers in the Philippines goes down, the number of girls being trafficked and sexually exploited would also be reduced because of the enforcement of the law.

After the sentence was read, it was the judge who broke the silence when he stood up and said "Well, there are thousands more yet to be rescued. Let's go." And so, IJM Cebu will continue to pursue justice, not only to rescue those girls currently being exploited, but also to prevent thousands of girls from ever being exploited in the first place and to help would-be traffickers make better choices for their lives.