TURKEY 7TH ANNUAL TIP REPORT: INVESTIGATION AND

UNCLAS ANKARA 000459 SIPDIS SIPDIS SENSITIVE DEPARTMENT FOR G/TIP, G, INL, DRL, PRM DEPARTMENT FOR IWI, EUR/SE, EUR/PGI DEPARTMENT FOR USAID C O R R E C T E D C O P Y - TEXT E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB TU SUBJECT: TURKEY 7TH ANNUAL TIP REPORT: INVESTIGATION AND PROSECUTION OF TRAFFICKERS REF: A. 06 ANKARA 6672 ¶B. 06 SECSTATE 202745 ¶1. (U) Sensitive but unclassified. Please protect accordingly. ¶2. (U) Post's responses are keyed to questions in Reftel A. This is part 2 of 3 (septels). -------------- Investigation and Prosecution of Traffickers -------------- ¶A. (U) Chapter 1, Article 80 of the Turkish Penal Code specifically defines human trafficking and prescribes penalties for traffickers and their accomplices. The law covers both internal and transnational forms of 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, an additional penalty of up to ten thousand days. Trafficking crimes can also be (and have been) prosecuted under statutes of the Law on Combating Benefit-Oriented Criminal Organizations, Turkish Citizenship Law, Labor Law, Law on Motivating for Prostitution, Law on Working Permits for Foreigners, and the Law on the Prevention of Money Laundering. As noted septel, the Turkish President signed into law amendments (passed by the Turkish parliament on December 5, 2006) to two key articles in the Turkish Penal Code (TPC) that will improve anti-trafficking efforts in Turkey once implemented (ref b and septel). Lawmakers added forced prostitution to Article 80, the primary anti-trafficking article, and removed forced prostitution from the Law on Motivating to Prostitution (Article 227),the prostitution and pimping article. Statistics on prosecution of TIP-related crimes will be more reflective of the real story as most TIP crimes are tracked under Article 80 prosecutions. Chapter 1, Article 80: Human Trafficking (as amended December 19, 2006): (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, made them be involved in prostitution 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 a judicial fine imposed of up to ten thousand days. (2) In the event of actions which 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. On June 1, 2005, Article 80 replaced the following anti-trafficking statutes in effect since August 3, 2002; some court cases are continued under this article during the reporting period: Turkish Penal Code Article 201(b): (1) Those who provide, kidnap, take or transfer from one place to another and house other individuals with the intention of making them work or serve by force, subject them to slavery or similar treatment, threaten, pressure, use force or coercion to persuade them to give up their bodily organs, use undue influence, secure their consent by deception or by using the desperation of such individuals shall be sentenced to five to ten years of heavy imprisonment and a heavy fine of not less than one billion liras. (2) If the actions that constitute a crime attempted with the intentions laid out in the first paragraph exist, the victim is assumed not to have given his/her consent. (3) If children below the age of eighteen are provided, kidnapped, taken or transferred from one place to another or housed with the intentions specified in paragraph one, even when no intermediary actions in relation to the crime are committed, the penalties foreseen in paragraph one shall still be applied to the perpetrator. (4) If the crimes listed in the paragraphs above are committed in an organized manner, the penalties foreseen for the perpetrators shall be doubled. ¶B. (U) The revised Penal Code provides penalties for traffickers of eight to twelve years of imprisonment and, at judicial discretion, an additional ten thousand days imprisonment. The penalties apply to both traffickers of people for sexual exploitation and traffickers of people for labor exploitation. ¶C. Labor exploitation can be prosecuted under Article 80, which carried penalties of eight to twelve years imprisonment and heavy fines (see B above). There is no evidence that Turkey is a labor source country and it is a very limited destination country. ¶D. (U) Chapter 1, Section 6 of the revised Penal Code provides varying degrees of penalties for sexual assault, rape, and sexual abuse of adults and minors, as noted below. Penalties may range from two years to life imprisonment, depending upon the circumstances. Penalties for rape can be less or more than penalties for trafficking, depending on the situation. The new Code excludes several controversial articles from the previous law. For example, under the 2004 revisions, rape is considered a crime against the individual, rather than a crime against society. Under the previous Code, rapists could escape punishment by marrying their victims, and punishments for rape varied depending on the marital status of the victim and whether the victim was a virgin. Section 6: Offenses Against Sexual Integrity Article 102: Sexual Assault (1) The perpetrator who violates the physical integrity of another person by means of sexual conduct shall be imprisoned for a term of two to seven years upon the complaint of the victim. (2) Where the act is committed by means of inserting an organ or similar object into the body, the perpetrator shall be imprisoned for a term of seven to twelve years. If the act is committed against the spouse, legal investigation and prosecution shall be initiated if the victim lodges a complaint. (3) If the offense is committed, a) Against a person who is physically or mentally incapable of defending him/herself, b) By breaching of duties and/or abusing the functions pertaining to the official status, c) Against a person of first, second, or third degree blood relation or a relative by marriage, d) By using weapons and with the cooperation of more than one person, penalties imposed in accordance with articles above shall be increased by half. (4) In case excessive violence is exerted on the victim during the commitment of the offense, the perpetrator shall also be punished for deliberate wounding. (5) In case the offense causes damage to the physical or mental health of the victim, the perpetrator shall be imprisoned for a term of not less than ten years. (6) If, as a result of the crime, the victim enters into a vegetative state or dies, the sentence will be strict life imprisonment. Article 103: Sexual Abuse of Children (1) The perpetrator of child abuse shall be imprisoned for a term of three to eight years. Sexual abuse means: a) any act of a sexual nature against a minor who has not reached fifteen years of age, or, if over fifteen years of age, lacks the competence to perceive the legal meaning and consequences of such acts. b) sexual acts against other minors depending on use of force, threat, deception, or by any other reason affecting the will of the child. (2) Where the sexual assault occurs as a result of insertion of an organ or similar object into the body, a penalty imprisonment from eight to fifteen years shall be imposed. (3) Where the sexual assault is committed by a first, second or third degree blood relative, step-father, the person who has adopted the person concerned, guardian, tutor, teacher, caretaker, or other person in charge of providing health services or who bears the obligation for protection or supervision, or through abuse of the service relation, the penalty to be imposed, in accordance with the above paragraphs, shall be increased by half. (4) Where the sexual assault is committed against a minor indicated in paragraph 1(a) as a result of force or threat, the penalty to be imposed, in accordance with the above paragraphs, shall be increased by half. (5) Where the force and compulsion used with the aim of sexual assault lead to aggravated consequences of the offense of deliberate wounding, provisions of the offense of deliberate wounding shall apply additionally. (6) In case the offense results in damage to the physical or mental health of the victim, the perpetrator shall be imprisoned to strict life imprisonment. (7) Where the offense leads the victim into a vegetative state or to death, the perpetrator shall be sentenced to strict life imprisonment. ¶E. (U) Prostitution in Turkey is legal and regulated. Sex workers must have Turkish citizenship; foreign citizens cannot legally practice prostitution. Trafficking, smuggling with the intent to traffic, pimping, enforcing, or in any other way supporting the activities of a trafficking operation is illegal. The law also prohibits and provides punishment for individuals who own, operate or work to support the operation of brothels associated with human trafficking. The minimum age for prostitution in Turkey is ¶18. ¶F. (U) According to figures provided by the Ministry of Interior, security forces apprehended a total of 422 persons in 2006, an increase from 217 in 2005. In 2006, 156 suspected traffickers were arrested, 127 were freed to be tried on release, 115 persons are being sought on arrest warrants and 24 persons were released without charges. According to charts provided by the Ministry of Justice's Judicial Records Statistics Bureau via the Ministry of Foreign Affairs, Turkey's Heavy Penal Courts opened 26 Article 80 cases involving 116 suspects and continued work on 116 cases (under Article 80 and other relevant articles) involving 477 suspects from January through June, 2006. Forty-three cases involving trafficking under several law articles (including some under the old penal code) were resolved with 192 suspected traffickers: 102 were acquitted; 29 were remanded to other courts or dismissed; 36 were convicted. Of the 36 convicted, one received only a judicial fine while the rest received varying jail terms and fines. Statistics for the July-December 2006 term and the first term of 2007 were not yet available. The Ministry of Justice does not yet have a computerized database, causing Ankara to rely on each province faxing in reports. There is no evidence that Turkey is a labor source country. Labor exploitation can be prosecuted under Article 80, which carried penalties of eight to twelve years imprisonment and heavy fines. Post was unable to obtain detailed statistics on actual time served by convicted traffickers. The GOT does not have a central database or tracking system for incarcerated individuals and must seek information from each province by fax. ¶G. (SBU) IOM statistics claim that a solid majority of trafficked individuals have no more than a middle school education; less than one-third have graduated from high school. These individuals are recruited mostly through personal contacts, such as a person posing as a friend or by an actual relative. While the trafficking rings are believed to be operated by men, the recruiters are overwhelmingly female, some of whom are former trafficking victims themselves. These recruiters often work under pressure from the traffickers, who threaten to kill their children or family members unless they cooperate. Women recruiters are prized because they more easily gain the trust of their female victims. Foreign victims trafficked to Turkey are typically recruited by small networks of operators. Groups may be as small as four or five people. Trafficking networks operating as tourist agencies or firms in source countries bring women to Turkey with official work permits. We have no evidence that government officials are involved. Most reports indicate that profits are channeled into expanding the networks' capacity and affluence. Networks tend to deposit proceeds in source country bank accounts through the Turkish banking system. Jandarma and other officials repeatedly insist trafficking in humans, arms, and narcotics are closely connected. ¶H. (U) According to GoT officials, Turkey actively investigates cases of trafficking using special investigative techniques, including undercover operations, electronic surveillance, and mitigated punishment in TIP cases. In December 2004, Turkey revised its Code of Criminal Procedures to codify TIP-Specific surveillance, undercover operations, and mitigated punishment for suspects in trafficking crimes. The Code regulates how to conduct criminal procedures in TIP investigations, as well as the rights, powers, and obligations of individuals involved in the process. This Code does not prohibit police from engaging in covert operations. ¶I. (U) The Turkish National Police (TNP) has institutionalized TIP-related training internally and conducts regular train-the-trainer sessions with its cadre. TNP also participated in several joint trainings with various countries at the Turkish Academy to Fight Against Drugs and Organized Crime (TADOC). In 2006, a total of 1150 police were trained on topics such as: - What is human trafficking? - The difference between human trafficking and illegal immigration - Who are human trafficking victims? - National and international regulations in the fight against human trafficking - The importance of national and international coordination in the fight against human trafficking - The UN Palermo Convention and supplemental protocols and international implementation in the fight against TIP - Bilateral cooperation agreements in the fight against human trafficking - Elements to pay attention to in operations against human trafficking - How to approach a victim - The importance of cooperating with NGOs while approaching victims - Administrative arrangements on approaching a victim - Case studies In 2007, the TNP also began efforts to educate the media on trafficking, particularly the difference between illegal foreign prostitutes and trafficking victims, as well as the difference between trafficking in persons and human smuggling. The media often reports inaccurately on both topics. During the reporting period the Jandarma continued training its personnel via its mobile training unit using a course titled, "The Importance of the Fight Against Trafficking and Necessary Measures." It continued to distribute thousands of copies of a "Guide to Fight Human Trafficking Crimes" to all relevant Jandarma officers. The guide includes all national and international legal documents, the aspects that one should bear in mind during an investigation, how evidence should be collected for the investigation, protection of witnesses and how to talk to victims. In June 2006, the Turkish Directorate General on the Status of Women organized a regional conference called "Assessment of Regional Needs and Tendencies in Combating Human Trafficking -- the Role of NGOs" in Antalya, Turkey (septel). Under the auspices of an EU-twinning project, the Ministry of Interior continued a project called "Strengthening the Institutional Capacity in the Fight Against Human Trafficking," in conjunction with the Ministries of Justice, Labor, Social Security, Health and Foreign Affairs, as well as the Social Services and State Orphanages Directorate and the Directorate General on the Status of Women. Its aim is to achieve the necessary standards to reduce human trafficking and strengthen the involved institutions involved in combatting TIP. The project will also adopt a new comprehensive strategy against TIP to be adopted by the National Task Force and implement several related sector-specific action plans. ¶J. (SBU) During the rating period, the GOT signed a bilateral cooperation protocol to fight trafficking with Kyrgyzstan in September 2006, in addition to previously signed protocols with Belarus, Georgia, Ukraine and Moldova. The MFA claims good cooperation via these protocols with Moldova particularly, and to a lesser extent Ukraine and Belarus. The GOT is undertaking a series of visits to Georgia in February and March 2007 to improve law enforcement cooperation with Georgia. The TNP public order department complained, however, that source countries do not conduct thorough investigations of alleged traffickers in response to Turkish law enforcement requests. They report that law enforcement officials in source countries respond to their requests for investigative assistance on suspects too quickly and cite no information found, which the TNP claims demonstrates a less-than-thorough investigation. ¶K. (SBU) The universal jurisdiction norm is recognized by the Turkish Criminal Code on the basis of certain offenses and crimes. Included in this norm are migrant smuggling and trafficking in human beings. A foreigner or Turkish trafficker is indictable and punishable in Turkey. The Turkish Minister of Justice may request a trial process be launched in Turkey against an accused person who has already been through the legal system in conjunction with these offenses in another country. We have no information regarding the extradition of persons charged with trafficking from other countries during the reporting period. ¶L. (SBU) We do not have evidence of government involvement in or tolerance of trafficking at higher levels. There were reports of approximately 10 low-level police or Jandarma officials arrested for crimes related to trafficking during the reporting period, although exact statistics were not available. Contacts state there is some tolerance of foreign prostitution as long as it is kept within certain limits. ¶M. (SBU) We do not have statistics on the exact number of police or Jandarma officials taken to trial for trafficking. Press reports and contacts provide an estimate of about 10 officials arrested and prosecuted. We do not have information on how many have been convicted during the reporting period. ¶N. (SBU) We do not have evidence that Turkey is a source or destination country for organized child sex tourism. IOM reported 11 underage TIP victims during the reporting period. ¶O. (U) Turkey has adopted the following conventions: - ILO Convention 182 (Ratified early 2001). - ILO Convention 29 and 105 on Forced or Compulsory Labor (ILO Convention 29 went into effect on January 27, 1998 and ILO Convention 105 on December 21, 1960). - Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (Ratified May 9, 2002). - The Protocol to Prevent, Suppress and Punish Trafficking-in-Persons, especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime (Signed December 2000; Ratified January 31, 2003 and implemented February 4, 2003). 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