AREA ADMINISTERED BY TURKISH CYPRIOTS -- SEVENTH ANNUAL TIP

UNCLAS SECTION 01 OF 06 NICOSIA 000165

SIPDIS

SENSITIVE SIPDIS

FOR G/TIP, G, INL, PRM, IWI AND EUR/PGI; FOR EUR/SE MCLEGG-TRIPP AND
EMELLINGER; STATE PLEASE PASS TO USAID

E.O. 12958:N/A
TAGS: KCRM CY PHUM KWMN SMIG KFRD ASEC PREF ELAB
SUBJECT: AREA ADMINISTERED BY TURKISH CYPRIOTS -- SEVENTH ANNUAL TIP
REPORT SUBMISSION

REF: 06 STATE 202745

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1. (U) Paras 3-6 are sensitive but unclassified --not/not for
Internet distribution.


2. (U) Embassy Nicosia hereby submits information for the April 2006
- March 2007 Trafficking in Persons (TIP) Report. Embassy POC is
Terry Steers-Gonzalez, Political Section, Tel: (357) 22-39-3364,
Fax: (357) 22-39-3467. Approximately 80 hours (FSO-03) and 55 hours
(FSN) were spent in preparing this material.


3. (SBU) Answers in this para are keyed to the questions in reftel,
para 27, "Overview."


A. (Note: Since 1974, only the southern part of Cyprus has been
under the control of the government of the Republic of Cyprus (ROC).
The northern part, administered by Turkish Cypriots, proclaimed
itself the "Turkish Republic of Northern Cyprus (TRNC)" in 1983. The
United States does not recognize the "TRNC," nor does any country
other than Turkey. A substantial number of Turkish troops remain on
the island. A buffer zone, or "green line," patrolled by the UN
Peacekeeping Force in Cyprus (UNFICYP) separates the two parts. End
note.)

The area administered by Turkish Cypriots is a destination for women
who are trafficked to work in the sex industry. Turkish Cypriot
authorities believe the area is also a transit point for people
wishing to enter the EU illegally. Women trafficked for purposes of
commercial sex do not change location once they have signed a
contract with a particular nightclub in the north.

During the reporting period, the Turkish Cypriot "Ministry of
Interior" issued 961 "artiste"-category work permits and 15
"barmaid"-category work permits to women coming to Cyprus to work in
41 nightclubs and 9 pubs. As of February 2007, 381 such foreign
women were working in the area administered by Turkish Cypriots, and
immigration police had repatriated 235 women who wished to curtail
their nightclub contracts.

All such foreign women entering the area administered by Turkish
Cypriots arrive via Turkey, the only country with direct commercial
air links. The authorities maintain that most of these women have
worked in nightclubs in Turkey, specifically in Istanbul, prior to
coming to Cyprus. The authorities have also indicated that a
significant number of Turkish women, who enter the area administered
by Turkish Cypriots either on three-month tourist "visas" or on
student "visas," work as prostitutes out of apartments in the port
cities of Kyrenia and Famagusta. The "attorney general" believes
these women may outnumber other third-country nationals coming to
work on "artiste"-category work permits.

There were no international or local NGOs that provided services to
TIP victims.

Immigration police said that, during the reporting period, women
working in nightclubs and pubs came from Moldova, Ukraine,
Kyrgyzstan, Russia, Georgia and Belarus, as well as smaller numbers
from Uzbekistan, Tajikistan, the Philippines, Kenya, Romania, and
Nigeria.


B. There appear to have been no changes in the extent/direction of
trafficking to/through the area administered by Turkish Cypriots.
There is some political will to address trafficking, particularly in
the protection of victims, as evidenced by the "157" helpline set up

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by the "Ministry of Health," similar to the one operating in Turkey.
However, there is currently no anti-trafficking law, and the
authorities still confuse trafficking with smuggling.

Under the "Nightclubs and Similar Places of Entertainment Law" (also
known as the "Bar Girls Law") of 2000, such foreign women are not
allowed to live onsite at their place of employment but, instead,
live together as a group in a dormitory, which is usually adjacent
to the nightclub or pub, or at another accommodation arranged by the
establishment owner. In order to prevent establishment owners from
taking their employees' passports, thus further restricting their
freedom of movement, Turkish Cypriot immigration police hold the
travel documents for the duration of their stay. (Note: The police
fall under the "Prime Ministry," but they are ultimately under the
operational command of the Turkish military, per transitional
Article 10 of the "TRNC constitution," which "temporarily" cedes
responsibility for public security and defense from Turkish Cypriot
civilian authorities to Turkey. End note. See also 4.B.)

A nightclub may employ up to 12 women, and a pub may employ up to
three. Women receive six-month "artiste"-category work permits,
which they may renew; however, they are required to leave the area
administered by Turkish Cypriots at the end of the first permit and
then re-enter. These women may be subject to violence, threats,
excessive working hours and inadequate pay, and may be forced to
perform sexual acts for clients and employers.


C. In the past, authorities have not funded or supported an anti-TIP
public awareness campaign, training for police officers, or aid to
victims. However, the "Ministry of Interior" has told Embassy
officers that limited funding may be available for these purposes
under certain circumstances. Turkish Cypriot authorities are not a
party to any international agreements due to the unrecognized status
of the "TRNC." Likewise, no international NGOs have offices in the
area administered by Turkish Cypriots. The authorities have signed
no cooperative agreements with source countries, and would almost
certainly be unable to do so due to recognition issues. Turkish
Cypriot authorities have not participated in any EU or international
conferences or training programs on TIP. While general police
corruption is a reported problem, there is no indication that such
corruption is specifically linked to TIP activities.


D. Statistics are available from the Turkish Cypriot authorities
upon request; there was no regular, public disclosure. The "Ministry
of Interior" tracks the number of work permits issued to nightclubs
and pubs. Immigration police track entries/exits and repatriations
to/from the area administered by Turkish Cypriots. The "Ministry of
Health" keeps statistics on the required, weekly health checks for
nightclub workers, and the police keep statistics on arrests related
to prostitution, in the absence of anti-trafficking legislation.


4. (SBU) Answers in this para are keyed to the questions in reftel,
para 28, "Prevention."


A. Turkish Cypriot authorities acknowledge that trafficking is a
problem. There is, however, much confusion of the issue with alien
smuggling.


B. The "ministries" of Interior, Health, and Labor, as well as the
police, are all involved in efforts to regulate the activities of
nightclubs and pubs and to prevent the abuse of women working in
these establishments. The "Ministry of Interior" serves as
interagency coordinator. (Note: The police fall under the "Prime
Ministry," but they are ultimately under the operational command of

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the Turkish military, per transitional Article 10 of the "TRNC
constitution," which "temporarily" cedes responsibility for public
security and defense from Turkish Cypriot civilian authorities to
Turkey. End note.)


C. While Turkish Cypriot authorities have not committed resources to
anti-TIP public awareness or demand reduction campaigns, the
"Ministry of Interior" recently told Embassy officers that limited
funding may be available for these purposes under certain
circumstances. See para 3.C.


D. While Turkish Cypriot authorities have not committed resources to
support other programs to prevent TIP, the "Ministry of Interior"
recently told Embassy officers that limited funding may be available
for these purposes under certain circumstances. See para 3.C.


E. There is little communication concerning TIP between Turkish
Cypriot authorities and civil society. During the reporting period,
there was only one local NGO actively concerned with trafficking;
there were no international or local NGOs that provided services to
TIP victims. See para 3.A.


F. Turkish Cypriot authorities make an effort to monitor both air
and sea ports of entry and along the Green Line, keeping basic
statistical information; however, they do not monitor immigration
and emigration patterns for evidence of trafficking.


G. The Turkish Cypriot authorities listed in para 4.B comprise the
"Nightclub Commission," an "interagency" group with "municipal"
representation as well, that meets once a month to discuss issues
related to nightclubs/pubs and their employees. The "Commission"
makes recommendations to the "Ministry of Interior" on the granting
of operating licenses, on changes to employee quotas, and on the
need to intervene in any problems arising at a particular
establishment. However, neither the "Commission" nor the "Ministry
of Interior" can cancel an operating license.


H. Turkish Cypriot authorities have not developed a "national" plan
of action to address TIP.


5. (SBU) Answers in this para are keyed to the questions in reftel,
para 29, "Investigation and Prosecution of Traffickers."


A. The area administered by Turkish Cypriots does not have a law
that specifically prohibits trafficking in persons. In 2006,
trafficking-related cases were tried on the grounds of (1) "living
off the earnings of prostitution or off the earnings of the
provision of prostitutes" and/or (2) "encouraging prostitution." The
law also prohibits (3) "abduction" and (4) "forced labor."


B. The area administered by Turkish Cypriots does not have a law
that specifically prohibits trafficking in persons; however, persons
convicted of "living off the earnings of prostitution or off the
earnings of the provision of prostitutes," or of "encouraging
prostitution," may receive up to two years imprisonment and/or a
fine of YTL 1,000 (approx. $712).


C. Persons convicted of "abduction" may receive up to seven years
imprisonment. Persons convicted of "forced labor" may receive up to
one year imprisonment. The "attorney general" stated to Embassy
officers that there were no complaints during the reporting period
that would allow Turkish Cypriot authorities to press charges of
"forced labor."


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D. The law prescribes no minimum sentence for individuals convicted
of rape, including spousal rape; the maximum sentence is life
imprisonment.


E. "Living off the earnings of prostitution or off the earnings of
the provision of prostitutes" and "encouraging prostitution" are
both illegal, and information was used to make arrests on both
crimes during the reporting period. The authorities did not,
however, use this information to close down any nightclubs or pubs.


F. Turkish Cypriot authorities did not prosecute any trafficking
cases due to a lack of appropriate legislation. Police arrested a
total of 218 people in 163 cases for related crimes, specifically,
97 cases of "living off the earnings of prostitution or off the
earnings of the provision of prostitutes" and 66 cases of
"encouraging prostitution." Of those 163 cases, 113 have been
concluded, and 50 are still pending trial. Of the 113 concluded
cases, 154 defendants were tried, 153 receiving fines and one
receiving a prison sentence. Of these 154 defendants, according to
Turkish Cypriot authorities, 30 were considered "TRNC" citizens
while 16 were considered "TRNC"-Turkish dual citizens, 44 were
Turkish, 54 were Moldovan, four were Bulgarian, three were
Ukrainian, and three held ROC citizenship. Also noteworthy, one
defendant was a nightclub owner, and 13 were nightclub managers.


G. Turkish Cypriot authorities say that they do not know precisely
who is behind this trafficking, since victims arrive via Turkey.
They do not know what happens to these foreign women between the
time they leave their countries of origin and arrive in the area
administered by Turkish Cypriots. The authorities have indicated,
however, that men accompanying these women at/through ports of entry
are often Turkish. They also believe that organized crime is behind
the ownership and management of some of the nightclubs and pubs in
the area administered by Turkish Cypriots. The press reported the
claims of an independent researcher, who had interviewed "artistes"
at nightclubs, that these women come to Cyprus with the assistance
of supposed employment agencies seeking models, babysitters or elder
caretakers.


H. Turkish Cypriot authorities actively investigated allegations of
related crimes. See para 5.A. Police took advantage of nightclub and
pub inspections to interview these foreign women and to ask if they
were having any problems. According to police, several nightclubs
and pubs are inspected on a weekly basis, and at least one operation
is conducted each month. From these interviews, police estimated
that around 10 percent of these foreign women did not understand,
prior to their arrival on Cyprus, that they would be working in
prostitution. Police do not use electronic surveillance, undercover
operations, mitigated punishment or immunity in prosecuting cases.
The law prohibits use of these techniques unless a judge makes an
exception to such provisions for a particular case.


I. Turkish Cypriot authorities do not provide specialized training
on TIP. See 3.A and C.


J. Turkish Cypriot authorities are able to cooperate only with
Turkey, although they can and have contacted Interpol (via Turkey)
as well. See 3.A and C.


K. The "TRNC constitution" does not allow the extradition of Turkish
Cypriots; Turkish Cypriot authorities have no plans to amend this
prohibition. The authorities can, however, extradite citizens from
other countries, although they did not receive any requests to do
so.

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L. While general police corruption is a reported problem, there is
no indication that such corruption is specifically linked to TIP
activities. To prevent corruption, the Police say that they assign
officers to nightclub/pub inspections at random and do not announce
these assignments until the last minute.


M. There is no indication that general police corruption is
specifically linked to TIP activities. The Police have an internal
disciplinary mechanism that functions in cooperation with the
"Attorney General's office." No officials were prosecuted for
engaging in related crimes.


N. N/A


O. N/A


6. (SBU) Answers in this para are keyed to the questions in reftel,
para 30, "Protection and Assistance to Victims."


A. The "Ministry of Health" requires nightclub employees to report
to a hospital for weekly health checks in order to prevent the
spread of sexually-transmitted diseases. Furthermore, the "Ministry"
inspects nightclubs to ensure that these women are not subjected to
unsanitary working or living conditions.

Also, the "Ministry of Health" operates a "157" helpline, similar to
the one operating in Turkey, to provide support to these foreign
women. The nurse responsible for answering the "157" calls speaks
Russian, Moldovan, English and Turkish. However, when Embassy
officers recently called the helpline, the nurse did not identify
herself or the service.

With the stated intention of protecting these foreign women, the
"Nightclubs and Similar Places of Entertainment Law" mandates that
immigration police keep their passports during their stay on Cyprus.
Also under the law, immigration police repatriate any woman who
wants to leave. Because of the above, Turkish Cypriot authorities do
not see a need to offer shelter or counselling. In 2006, 235 foreign
women were repatriated.


B. Turkish Cypriot authorities did not provide funding or other
forms of support to foreign or domestic NGOs for services to
victims.


C. There is no formal system of identification and referral. See
para 6.A.


D. Victims' rights are generally protected. See para 6.A.


E. The area administered by Turkish Cypriots has noQnti-trafficking
legislation. Police claim that an unspecified number of foreign
women gave statements in the investigations of crimes related to
prostitution. There is no victim restitution program. These women
are not permitted to pursue other employment in the area
administered by Turkish Cypriots if they leave their nightclub or
pub. However, if legal action is sought, the woman attains "witness"
status and is accommodated in a hotel under police protection until
the case is concluded.


F. See 6.E. Though there is no formalized witness protection
program, if legal action is sought, the woman attains "witness"
status and is accQmodated in a hotel under police protection until
the case is concluded. There is no publicly-supported shelter in the

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area administered by Turkish Cypriots. Turkish Cypriot authorities
argue that there is no need for such victim services, including a
shelter, because the Police arrange immediate repatriation for
foreign women who wish to leave their employment.


G. Turkish Cypriot authorities do not provide specialized training
for "officials" in recognizing trafficking and in providing
assistance to victims.


H. N/A


I. There were no international organizations or NGOs that worked
with TIP victims. See pare 4.E.

SCHLICHER