TRAFFICKING IN PERSONS: MFA REPORTS ONGOING

UNCLAS SECTION 01 OF 05 ANKARA 002152

SIPDIS


SENSITIVE


DEPARTMENT FOR G/TIP, G, INL, DRL, EUR/PGI, EUR/SE


E.O. 12958: N/A
TAGS: PREL KCRM PHUM KWMN SMIG KFRD PREF TU TIP IN TURKEY
SUBJECT: TRAFFICKING IN PERSONS: MFA REPORTS ONGOING
EFFORTS



1. (SBU) SUMMARY: In an April 13 meeting with MFA Deputy
Director General for Consular Affairs Haldun Otman,
visiting USDOJ Civil Rights Division Chief Al Moskowitz
discussed USG efforts to combat trafficking in the United
States, noting success in USG methods for 1) identifying
victims, 2) distinguishing between willing prostitution and
victimization through smuggling or trafficking, 3)
providing safe shelter to victims, 4) collecting evidence,
and 5) prosecuting traffickers. Otman discussed Turkey's
TIP challenges (para 2) and reviewed GOT responses (para
5). Moskowitz noted that the USG faces similar challenges
in combating TIP. Otman asserted that, in March 2004
consultations, the GOT and Governments of Belarus and
Ukraine agreed to sign anti-TIP international cooperative
protocols (para 6). END SUMMARY.



2. (SBU) General TIP challenges enumerated by Otman and
echoed by Moskowitz include:


- The majority of victims choose to return home
immediately. Victims refuse to stay in Turkey because 1)
they want to put the trauma of a terrible experience behind
them, 2) they don't want to wait for potentially drawn-out
and painful legal proceedings, and 3) they lack general
qualifications such as language skills to find substantial
legal employment.


- Cases against alleged traffickers are hard to build
because, in general, the few victims who choose to remain
in Turkey have very little information about their
traffickers. Police assert that most victims only see the
inside of the hotel in which they are held captive. They
don't know the names of their handlers or other essential
details that would help prosecutors build 201/b-type
trafficking cases.


- Beyond notification of IOM, police have no standard
structure for providing shelter. If victims do not remain
in the country to testify against traffickers, prosecutors
have a tough time building cases.



3. (SBU) Otman noted difficulties in maintaining accurate
statistics for TIP prosecutions. He said, overzealous
prosecutors who, in an effort to take advantage of much
stronger penalties, try any case that has international
elements under Turkey's much harsher trafficking law --
Section 201(b),Turkish Penal Code. Too frequently, Otman
asserts, the court determines that the defendant should
instead be tried under Section 201(a),for human smuggling
crimes. As a result, courts acquit on 201(b) (trafficking)
and charge defendants on 201(a) crimes (smuggling).



4. (SBU) Under entertainment visa application requirements
implemented in March 2004, Otman asserted, the GOT now
calls for a special contract (published in Russian or
English and translated into Turkish) signed by the visa
applicant in the presence of a consular/immigration
officer. At the time the contract is signed, Otman notes,
the immigration officer is required to highlight a section
of the accompanying application that instructs applicants
to contact police at a general 911-style hotline (in Turkey
155 and 156) if their employment becomes abusive or
compulsory. Applicants are also given contact phone
numbers for the Human Resource Development Foundation;
Turkey's lead TIP NGO. Otman said this "public awareness
campaign" targets exactly the people, "so-called
entertainers", who are most at risk of falling victim to
traffickers.



5. (SBU) Begin text of MFA Dipnote:


The Ministry of Foreign Affairs encloses further
information on the efforts of the Republic of Turkey in the
fight against human trafficking:


--------------
RAISING AWARENESS
--------------


A meeting with media representatives was organized in
January 2004 at the Ministry of Foreign Affairs to raise
public awareness in the fight against trafficking in human
beings. Human trafficking issues are now covered more
widely in media. ("Radikal" (Turkish daily newspaper) dated
March 30, 2004 and April 5, 2004)


Updated country reports on the fight against trafficking in
human beings and illegal migration has been displayed on
the web site of the MFA since February 2004.


The General Directorate of the Status and Problems of Women
organized panels on the fight against trafficking in human
beings on December 19, 2002 and December 18,2003. Chiefs of
Security of several cities, several NGOs and local press
representatives participated in the said panels. During the
panels, representatives of NGOs and governors' offices have
reached a consensus on establishing cooperation to combat
human trafficking.


--------------
FREE MEDICAL TREATMENT
--------------


Free medical treatment is now being provided to the victims
of human trafficking. The statistical data concerning the
use of free medical treatment has not been available yet,
however a form has been prepared and sent to Directorates
of Health by the Ministry of Health to get the relevant
statistical data. According to the decree, which provides
free medical treatment, as an example, the case of a Kyrgyz
citizen (woman) has been brought to the attention of The
Ministry of Foreign Affairs. She was hospitalized on
February 7,2004, in Trabzon Women's and Children's Hospital
and discharged from the hospital on February 11, 2004. The
cost for her medical treatment, 380.000.000 TL
(approximately $300) was provided according to the said
decree.


--------------
ERZURUM TIP CASE
--------------


Ukrainian citizen Oksana Tobor was detained as a result of
the operation organized by the Erzurum Directorate of
Security. After the screening process, it was determined
that she was not a victim of trafficking. She was diagnosed
of HIV -positive and Hepatitis C virus. She was then sent
to Ankara Numune Hospital for medical treatment (CD4Niral
load). Oksana Tobor was granted a temporary residence
permit, medical care and shelter. She insisted on returning
to Ukraine. The Turkish Authorities assured her departure
to Odessa, Ukraine on January 7, 2004 from the budget of
Istanbul Security Department and informed the Embassy of
Ukraine in Ankara about her departure by the Note, dated
December 30, 2003. According to the information received
from the Ministry of Justice, in her testimony she stated
that she came to Turkey for prostitution by her own will.


Oksana Tobor's appearance on the media has created a
negative reaction within the public. To this end, Minister
of Interior has sent a circular letter dated January 21,
2004 to all governors' offices in order to prevent similar
future instances.


--------------
OPERATION IN TRABZON
--------------


According to the information received from the Ministry of
Interior about the summer raid in Trabzon, it was a local
raid conducted upon the detailed intelligence of
prostitution, not TIP, which was provided by the Consulate
of Russian Federation in Trabzon.


--------------
TRAINING SEMINARS AND COOPERATION WITH IOM
--------------


Human Resources Development Foundation has organized
seminars and trainings, in cooperation with the
International Organization of Migration (IOM),the Ministry
of Justice and Interior. In 2004, the seminars and
trainings in the fight against human trafficking that were
organized or planned to be organized are as follows:


- January 26-27, 2004 IKGV/Ministry of Justice/IOM
- January 29-30, 2004 IKGV/Ministry of Justice/IOM
- February 25-27, 2004 IKGV/Ministry of Interior/IOM
- Mar 30 - Apr 1, 2004 IKGV/Ministry of Interior/IOM
- April 14-16, 2004 IKGV/Gendarmerie/IOM


After victims of trafficking are determined, they are
provided physical and psychological assistance as well as
legal counselor services. Victims are granted humanitarian
visas and residence permits. If the victims insist to
return to their countries, their exit is provided by the
assistance of IKGV (HRDF) in coordination with IOM.
Moreover, victims who would like to return to their country
are not subjected to pay a fine due to their illegal
overstay. The travel documents of foreigners while exiting
Turkey are stamped with only an "exit" stamp; there is no
other stamp, which is specially used for victims of TIP or
deported persons.


--------------
INTERNATIONAL AND BILATERAL COOPERATION
--------------


As a recent development, during the consular consultations
between Turkey and Belarus, both countries agreed to sign a
protocol proposed by Turkey to countries of origin on
bilateral cooperation in combating trafficking in human
beings. The said protocol is going to be signed during the
visit of Turkish Ministry of Interior in Belarus on April
27-30, 2004.


NOTE: TEXT OF PROTOCOL IN PARA 6


On March 23, 2004, during consular consultations between
Turkey and Ukraine, Ukrainian side accepted to conclude the
said draft protocol with some changes foreseen by their
Ministry of Justice. In particular, at the consultations it
is agreed to broaden cooperation in combating trafficking
in human beings by providing direct communication between
the concerning authorities of both parties. According to
the information received from the Ministry of Interior,
Ukrainian side has already asserted its plan to visit the
Foreigners, Border and Asylum Department on April 2004.


--------------
Circulars on TIP
--------------


The Ministry of Interior regularly sends informative
circulars to governors' offices to ensure the
implementation of administrative measures taken in
combating human trafficking. Recently, a circular dated
March 30, 2004 was sent to governors' offices and police
forces, to refer the calls of hotlines 155 and 156
concerning TIP cases to a specialized unit of human
trafficking for investigation and IKGV for protection and
rehabilitation. Please find below the date of the
informative circulars of Ministry of Interior about
legislation in human trafficking and implementation of
administrative measures;


March 30, 2004
February 26, 2004
November 21, 2003
October 24, 2003
July 3, 2003
January 9, 2003
August 19, 2002


The Ministry of Interior has recently sent a new circular,
dated April 9, 2004 to authorize governors' offices to
extend the duration up to 6 months for temporary residence
permits which have been issued to victims of TIP, in order
to allow them to stay in Turkey for rehabilitation and
treatment. In case of necessity, this duration can also be
prolonged.


Turkey issued the following humanitarian visas for
trafficking victims:


Ukrainian citizen (woman)-January 23,2003
Ukrainian citizen (woman)-January 23, 2003
Moldova citizen (woman)- January 23,2003
Moldova citizen (woman)- January 23,2003
Uzbek citizen (woman)- January 23,2003
Iranian citizen (woman)-February 6, 2003
Iranian citizen (woman)- February 6,2003
Moldova citizen (woman)- May 29,2003
Moldova citizen (woman)- May 29, 2003
Russian citizen (woman)- June 25,2003
Moldova citizen (woman)- September 3, 2003
Moldova citizen (woman)- September 3, 2003
Kyrgyz citizen (woman)- February 6,2004
Kyrgyz citizen (woman)- February 6,2004
Kyrgyz citizen (woman)- February 6,2004
Kyrgyz citizen (woman)- February 6,2004
Kyrgyz citizen (woman)- February 6, 2004
Kyrgyz citizen (woman)- February 6,2004
Moldova citizen (woman)-March 11,2004
Moldova citizen (woman)-March 12, 2004


Further information on the cases of TIP (with reference to
the Non-paper dated April l, 2004);


Trabzon Criminal Court filed two public cases;


A) 3 Russian citizens (women) as plaintiffs and 12
accused persons, filed on February 12, 2003. The trial
will be held in April 2004.


B) 6 Kyrgyz citizens as plaintiffs and 4 accused
persons filed February 17, 2004. First trial of the
case is going to take place in April 2004. END TEXT



6. Begin text. PROTOCOL BETWEEN THE GOVERNMENTS OF THE
REPUBLIC OF TURKEY AND UKRAINE ON THE IMPLEMENTATION OF THE
FIRST ARTICLE OF THE COOPERATION AGREEMENT AGAINST CRIME


Pursuant to Article 1 of the "Cooperation Agreement Against
Crime between the Governments of the Republic of Turkey and
Ukraine", the Government of the Republic of Turkey and the
Government of Ukraine hereinafter referred as "Parties";


Deeply concerned by the fact that trafficking in human
beings, which constitutes one of the transnational
organized crimes and is spread out every other day in the
world and in our region, provides huge profits to organized
crime networks and is also related to narcotics and arms
trafficking, as well as smuggling of migrants;


Realizing that trafficking in human beings can be coped
with, through timely and effective international
cooperation;


Emphasizing the importance of providing judicial,
humanitarian, psychological and medical assistance to
victims of trafficking in human beings, facilitating their
return to their countries and assuring their reintegration
and taking the necessary measures in arresting the
perpetrators and creating public awareness;


Recognizing the importance of the e.fforts in stopping the
trafficking in human beings by bringing to light the crime
networks;


Stressing the need to strenghten the cooperation and
coordination between the Republic of Turkey and Ukraine in
combating trafficking in human beings;


Have agreed, to promote measures, in accordance with their
respective national legislation and procedures with a view
to:



1. Completing the necessary national legal infrastructure
in the field of trafficking in human beings and taking the
other necessary administrative and institutional measures;



2. Establishing a regional network between the Non-
Governmental Organizations (NGO) in the countries which
face this problem;



3. Supporting the victims of trafficking in human beings,
following the establishment of the conditions by the
Parties in the framework of humanitarian, psychological and
medical care;



4. Ensuring the victims to testify in the framework of the
national legal systems of the Parties, in order to arrest
the perpetrators and protecting these victims;



5. Creating public awareness and awareness in the relevant
institutions on trafficking in human beings;



6. Creating awareness, in their respective countries, among
the persons traveling abroad and might be subject to
trafficking in human beings;



7. Designating point of contacts in their respective
countries, where information on victims of trafficking in
human beings will be collected and which will coordinate
the issue of trafficking in human beings and sharing the
collected information with the other Party;



8. Training of law enforcement agents in combating
trafficking in human beings, organizing joint training
programs, exchanging experts of each country and increasing
cooperation opportunities;



9. Providing cooperation between the scientific and
academic institutions, exchanging experts of each country
in order to share experience and knowledge;



10. Tasking the competent authorities in the two countries
with the implementation of this Protocol.


This Protocol shall enter into force upon notification in
writing by both Parties to each other that they have
completed their national procedures.


Each Party may propose amendments to the present Protocol,
Amendments shall enter into force upon their acceptance by
all parties in accordance with the provisions of the above
mentioned paragraph.


Each Party may give notice of withdrawal from the Protocol
by written notification to the other Party.


In witness whereof the undersigned, being duly authorized
thereto by their respective Governments, have signed this
Protocol. END TEXT.


EDELMAN