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VIII-3
RIGHT TO PERSONAL LIBERTY,532 IN RELATION TO THE OBLIGATION TO RESPECT AND
TO ENSURE RIGHTS AND THE DUTY TO ADOPT DOMESTIC LEGAL PROVISIONS
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No. 100,
para. 114, and Case of Acosta et al. v. Nicaragua, supra, para. 131.
527
Human trafficking for the purpose of adoption is contemplated in article 202 Ter of the Criminal Code, which
establishes: “The recruitment, transportation, transfer, harboring or receipt of one or more persons for the purpose of
exploitation constitutes the crime of human trafficking. Anyone committing this crime shall be punished with eight to
eighteen years’ imprisonment and a fine of three hundred thousand to five hundred thousand quetzals. The consent
given by the victim of human trafficking or by their legal representative shall never be taken into account. For the
purposes of the crime of human trafficking, the following shall be understood as exploitation: the prostitution of others,
any other form of sexual exploitation, forced labor or services, any type of labor exploitation, begging, any form of
slavery, servitude, the sale of persons, the extraction and trafficking of human tissue and organs, the recruitment of
minors by organized criminal groups, irregular adoptions, the irregular processing of adoptions, pornography, forced
pregnancy, and forced or servile marriage.” The category of irregular adoptions was added to the Criminal Code by
article 47 of the Law against sexual violence, exploitation and human trafficking, Decree No. 9-2009, March 20, 2009
(evidence file, folio 3881).
528
529
Report prepared by the human trafficking prosecutor on June 2, 2017 (evidence file, folio 7698).
Expert opinion of Carolina Pimentel González provided by affidavit on May 16, 2017 (evidence file, folio 7296).
Similarly, expert opinion provided by Jaime Tecú during the public hearing held before this Court.
530
Mutatis mutandis, Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 104.
531
532
Article 7(1) of the Convention establishes that: “Every person has the right to personal liberty and security.”