TURKEY: 8TH ANNUAL TIP REPORT: PROSECUTION:

UNCLAS SECTION 01 OF 03 ANKARA 000484 SIPDIS SENSITIVE SIPDIS DEPT FOR: G/TIP, G, INL, DRL, PRM, EUR/SE, EUR/PGI; DEPT FOR USAID E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB TU SUBJECT: TURKEY: 8TH ANNUAL TIP REPORT: PROSECUTION: SUPPLEMENTAL INFORMATION REF: A. STATE 2731 ¶B. ANKARA 424 ¶C. ANKARA 425 ¶D. ANKARA 426 ¶1. (U) The Turkish Ministry of Justice (MOJ),through the Ministry of Foreign Affairs (MFA),sent us, March 10, supplemental information on prosecutions and convictions of traffickers, including of two GOT officials, and also provided clarification on the law governing legal prostitution and the operation of brothels. The information conveyed to us is reported below and supplements part two of our 2008 annual TIP Report submission (ref C). ¶2. (SBU) As reported in ref C (para A),the GOT, in December 2006, amended Article 80 of the Turkish Penal Code (TPC) -- the principal anti-trafficking law -- by removing forced prostitution from the law on motivating prostitution (Article 227) and adding it to Article 80. The amendment was meant to force prosecutors to charge trafficking suspects under Article 80, which stipulates eight to twelve years' imprisonment, plus a heavy fine. Article 80 had been adopted to replace a weaker anti-trafficking law, Article 201(b) (5-10 years in jail). As reported in ref C (para F),MOJ informed us that four traffickers were convicted under Article 80 in 2007. These four convictions constituted a relatively small percentage of the overall number of traffickers whose Article 80 prosecutions were closed in 2007 (either by acquittal or by other decision, e.g., merged with another case or moved to another court). However, they do represent the first convictions under the amended article -- a significant accomplishment given Turkey,s notoriously slow judicial system. We expect many more Article 80 convictions to have worked their way through the system by next year. ¶3. (SBU) As reported in ref C, besides Article 80, traffickers can be prosecuted under a range of other statutes (labor, rape, organized crime, terrorism, etc.),sometimes with greater penalties. Because trafficking might not be the primary crime for which a case is prosecuted, most of these prosecutions are not recorded in the judicial trafficking statistics MOJ conveys to us. The GOT interagency TIP taskforce reportedly instructed MOJ to record trafficking statistics more comprehensively in the future. MOJ did compile statistics on forced prostitution and trafficking cases concluded in 2007 (and initiated earlier) under TPC Article 227 (the primary anti-trafficking statute before the Article 80 amendment),as well as under former TPC Articles 436 and 201(b). (These last two articles no longer exist in the TPC, having been superseded by other articles.) MOJ reported that 32 traffickers were convicted jointly under Article 227 and Article 43/1, the organized crime statute. ¶4. (U) Article 227: Prostitution (because of the Article 80 amendment described above, post did not include this article in our ref C discussion of Turkey,s anti-trafficking laws): (1) Any person who encourages a child to become a prostitute, facilitates a child becoming such or supplies or accommodates a child for such purpose, or acts as an intermediary for the prostitution of a child, shall be sentenced to a penalty of imprisonment for a term of four to ten years and judicial fine equivalent of up to five thousand days' imprisonment. (2) Any person who encourages another to become a prostitute or who facilitates or acts as an intermediary for such or who provides and environment for such a purpose shall be sentenced to a penalty of imprisonment for a term of two to four years and a judicial fine equivalent of up to three thousand days. Earning a living, totally or partially, from the proceeds of prostitution shall be presumed to be an encouragement to prostitution. (3) Paragraph was annulled by article 45 of the law 5560-06.12.2006 (the Article 80 amendment) (4) The penalty to be imposed according to the aforementioned sections shall be doubled where a person is encouraged to engage in acts of prostitution or secures an individual to engage in prostitution through the use of threat, violence, deceit, or by taking advantage of another's desperation. ANKARA 00000484 002 OF 003 (5) The penalty to be imposed according to the aforementioned sections shall be increased by one half where the offense is committed by a spouse, direct-antecedents, direct antecedents-in-law, sibling, adopting parent, guardian, trainer, educator, nurse, or any other person responsible for the protection and supervision of a person, or by a public officer or employee who misuses the influence derived from their positions. (6) The penalty to be imposed according to the aforementioned sections shall be increased by one half where the offense is committed in the course of the activities of a criminal organization. (7) Legal entities shall be subject to security measures for involvement in these offenses. (8) Any person who has been forced into prostitution may be given treatment or psychological therapy. ¶5. (SBU) MOJ reported that 160 suspects were prosecuted for forced prostitution and human trafficking under Article 227 during 2007. 121 traffickers were convicted with penalties ranging from one year and eight months to seven years and two months imprisonment, and fines ranging from 100 YTL ($833) to 18,000 YTL. The average sentence was about three years in prison and the average fine YTL 6,700. (Prison terms can be reduced or waived for sentences below two years imprisonment.) ¶6. (SBU) 33 of the suspects prosecuted under Article 227 were jointly prosecuted under TPC Article 43/1, the organized crime statute. 32 of these suspects were sentenced to 4 years 6 months imprisonment and fined YTL 18,000; the other was acquitted. ¶7. (SBU) Four suspects were convicted under former TPC Article 201(b) (replaced by Article 80). Each received four years and two months imprisonment and a fine of YTL 833. ¶8. (SBU) 14 suspects were prosecuted under former TPC Article 436, which dealt with rape and forced prostitution. Two suspects were acquitted, nine received prison terms of ten months and fines of YTL 366, while three received prison terms of two years and two months, one year and six months, and two years respectively. ¶9. (SBU) MOJ reported that 15 non-Article 80 human trafficking cases ended in the acquittal of 36 suspects. It further reported that three trafficking cases, concerning five suspects, were merged with other criminal prosecutions, and that courts determined that 16 trafficking cases, concerning 155 suspects, were not in their jurisdiction (presumably to be re-tried elsewhere). ¶10. (SBU) MOJ also provided additional information concerning official involvement in trafficking (ref C, para J). According to MOJ, Court of Appeals Judge Mustafa Halki Cetim was relieved of duties for aiding traffickers. (This case had attracted some media attention.) His Article 80 prosecution is ongoing under the jurisdiction of the Sincan Heavy Penal Court. His file has not yet been submitted to the High Council of Judges and Prosecutors for further disciplinary action. MOJ also reported that Nazille E-type Prison Warden Aynur Alaca was arrested February 9, 2007 and placed in jail for having misused her authority and receiving bribes to assist prostitution and human trafficking. A disciplinary investigation is ongoing. A judicial committee has recommended that she be expelled from public duty; her file is with the MOJ disciplinary council. ¶11. (SBU) MOJ also provided additional information concerning the regulation of legal prostitution (ref C, para E, and ref B, Prevention, para G). Motivating prostitution is illegal and governed by Article 227 (see above). According to MOJ, legal prostitution is governed by a "prostitution, brothels and venereal disease by-law." Article 1 of the by-law mandates a "venereal disease and fight against prostitution commission." According to Article 21 of the by-law, for the commission to register the prostitute as a professional, she must be at least 21 years of age (not/not 18 as reported ref C); she cannot be a foreigner. According to Article 50 of the by-law, a person who wishes to open a brothel must petition the highest ANKARA 00000484 003 OF 003 authority in the jurisdiction (the governor or sub-governor) which will act in accordance with the commission. According to Article 52 of the by-law, the petition is sent to the commission where the application and proposed site are reviewed by a joint delegation of health experts and public servants. If the brothel and its employees meet the by-law requirements, then the petition is granted and the police are notified. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON