presupposes the establishment of a material act consisting of the
recruitment, transport, transfer, accommodation or reception of
minors; the guilty intention being established on the basis of the
accused's knowledge of the illegality of his act;
Whereas in the case at hand, E.R.A is accused of having committed in
Ouahigouya, during January 2019, in any case, less than 3 (three)
years ago, trafficking in persons, in the case at hand the recruitment,
transport, transfer, accommodation or reception of minors, namely
D.S.E, M.A.F and U.M from Lagos/Nigeria to Ouahigouya/Burkina
Faso for prostitution; that it emerges consistently from the documents
in the case file and from the investigation at the hearing that she
transported and accommodated the above-mentioned minor girls from
Nigeria with a view to moving them into Burkina Faso to engage them
in prostitution; that even if she claims that the girls consented to the
said transfer with full knowledge of the facts, this cannot mitigate,
much less make the offence within the meaning of Article 511-3 of the
Code disappear; that she was fully aware that these acts were
punishable by law, as she had already been convicted of pimping;
that, as a result, all the elements constituting the offence of human
trafficking are present against her and she should be found guilty of
it;
B- Sentence
Whereas Article 511-4 of the Penal Code punishes the guilty of
human trafficking with 5 (five) to (10) ten years’ prison term and a
fine of CFAF one million (1,000,000) to five million (5,000,000);
Whereas E.R.A has been found guilty of human trafficking; whereas
she is, in principle, liable to these penalties;
Whereas, however, article 217-4, paragraph 2 of the abovementioned code provides that in criminal matters, the court which
recognises mitigating circumstances is authorised to reduce the
prison term and the fine even below simple misdemeanour
sentences; whereas in the case at hand, the accused has remained
consistent in her statements since the preliminary investigation by
acknowledging the charges against her, even though she tries to
justify her act by invoking the consent of the victims; that, moreover,
she was not successful because she was arrested before the victims
engaged in prostitution; that she also promised to learn from this
case in order to make amends while apologizing to the Court and to
the victims; that to give her a last chance for her social
rehabilitation, it is appropriate to sentence her to 12 (twelve) months
actual prison term and a fine of CFAF five hundred thousand
(500,000).
C- COSTS
Whereas within the meaning of Article 473 of the Code of Criminal
Procedure, the accused who is found guilty is also ordered to pay the
costs; that in the case at hand, the costs are to be borne by E.R.A;