TIP IN TURKEY: NEW PENAL CODE REVISIONS STIFFEN

UNCLAS ANKARA 005789

SIPDIS

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

E.O. 12958: N/A
TAGS: KCRM PHUM PGOV SMIG PREF KWMN TU TIP IN TURKEY
SUBJECT: TIP IN TURKEY: NEW PENAL CODE REVISIONS STIFFEN
PENALTIES FOR TRAFFICKING



1. (U) On October 11, 2004, Turkish President Ahmet Necdet
Sezer signed into law revisions to the Turkish Penal Code
(TPC) which, among other measures, prescribe harsher
penalties for human trafficking. Penalties range from eight
to twelve years of imprisonment (up from five to ten years in
earlier versions of the law) and, at judicial discretion,
provide for an additional penalty of up to ten thousand days
of imprisonment.


2. (U) BEGIN TEXT OF UNOFFICIAL TRANSLATION:

CHAPTER 1, ARTICLE 80

(1) A person who procures or kidnaps persons or who takes
or transports persons from one place to another or who
harbors persons with a view to force them to work or to
provide a service or to subject them to slavery or similar
practices or to donate their organs by exerting threats,
pressure, force or violence, by abusing his authority, by
deceit or by obtaining their consent through taking advantage
of the opportunities they have to control them or of their
helplessness shall be sentenced to imprisonment for a term of
eight to twelve years and to an judicial fine of up to then
thousand days.

(2) In the event of actions that are undertaken for the
purposes referred to in the first paragraph and which
constitute an offense, the consent of the injured party shall
be deemed void.

(3) Where juveniles under eighteen years of age are
procured, kidnapped, taken or transported from one place to
another or harbored for the purposes referred to in the first
paragraph, the perpetrator shall be sentenced to the
penalties referred to in the first paragraph, notwithstanding
that none of the acts instrumental to the offense has been
resorted to.

(4) Security measures shall be taken for legal entities on
account of the above-mentioned crimes.
EDELMAN