Identifier
Created
Classification
Origin
09ANKARA275
2009-02-20 14:46:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ankara
Cable title:  

TURKEY: 9TH ANNUAL TIP REPORT: PROTECTION AND

Tags:  KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB 
pdf how-to read a cable
VZCZCXRO8085
PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHAK #0275/01 0511446
ZNR UUUUU ZZH
P 201446Z FEB 09
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 8849
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEATRS/TREASURY DEPT WASHDC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
UNCLAS SECTION 01 OF 04 ANKARA 000275 

SENSITIVE
SIPDIS

DEPT FOR: G/TIP, G, INL, DRL, PRM, EUR/SE, EUR/PGI; DEPT
FOR USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
TU
SUBJECT: TURKEY: 9TH ANNUAL TIP REPORT: PROTECTION AND
ASSISTANCE TO VICTIMS, HEROES, BEST PRACTICES

REF: A. 08 SECSTATE 132759

B. 08 ANKARA 2194

UNCLAS SECTION 01 OF 04 ANKARA 000275

SENSITIVE
SIPDIS

DEPT FOR: G/TIP, G, INL, DRL, PRM, EUR/SE, EUR/PGI; DEPT
FOR USAID

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
TU
SUBJECT: TURKEY: 9TH ANNUAL TIP REPORT: PROTECTION AND
ASSISTANCE TO VICTIMS, HEROES, BEST PRACTICES

REF: A. 08 SECSTATE 132759

B. 08 ANKARA 2194


1. (U) Sensitive but unclassified. Please protect
accordingly.


2. (U) Post's responses are keyed to ref A questions. This
is part 3 of 3 (septels).

PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. (SBU) The GOT provides witness protection in practice.
Foreign victims identified by Turkish authorities may apply
for humanitarian visas and remain in Turkey for up to six
months. The humanitarian visas carry a six-month residence
permit and the option to extend for an additional six months.
Most victims, however, choose to return to their country of
origin. Identified victims are not required to pay normal
departure fees or fines and the GOT does not take steps to
bar re-entry to Turkey. Identified victims are not deported
and are entitled to free legal, medical and psychological
services (see para B, below). IOM, in partnership with the
administrators of Turkey's two dedicated TIP shelters, Human
Resources Development Foundation (HRDF) and Foundation for
Women's Solidarity (FWS),assist victims returning to their
countries. Turkey adopted a new witness protection law
during the reporting period. While not a TIP-specific
measure, GOT officials believe it will encourage more victims
to testify against traffickers (ref B). ***The number of
humanitarian visas issued during the reporting period will be
reported in a supplemental cable, septel.***


B. (SBU) Trafficking victims in Turkey are provided free
access to shelters and to legal, medical and psychological
services. Foreign victims have the same access to care as
domestic victims. The country has two shelters dedicated to
assisting trafficking victims. One shelter, operated by
HRDF, is located in Istanbul, and the other, operated by FWS,
is in Ankara. In 2008, the Istanbul shelter provided care to
57 victims; the Ankara shelter to 26 victims. The shelters

offer a full range of psychological, counseling, vocational
and legal services. The Ministry of Health provides free
medical services to victims. The two shelters are presently
funded by the European Commission (EC) through a two-year, 3
million Euro comprehensive anti-trafficking project. These
funds will expire in May for the Ankara shelter and September
for the Istanbul shelter. Under the new national action plan
currently awaiting the Interior Minister's signature and PM's
approval, the GOT will assume direct funding responsibility
for the shelters, but it is not clear this or other action
will be taken to ensure long-term, guaranteed GOT support for
the shelters before the EC funds expire. The Ankara
municipality provides the shelter facility free of charge,
along with cable, gas and electric. FWS contacts informed
us, however, that the Ankara shelter, during the reporting
period, had to begin paying water bills for the first time.

The Istanbul shelter had been receiving free rent from the
Istanbul municipality under a protocol signed by the mayor
and HRDF in 2004. However, that funding was suspended in
June 2008 following a directive from the Governor that the
city is not authorized to provide such services (see ref B).
All people in need under Turkish law qualify for shelter
protection, but the directive would require victims to appeal
to the city individually, which is impractical. HRDF has
been covering the approximately $2,900 per month rental costs
since June. To demonstrate that the GOT is committed to a
solution, MFA has pledged $20,000 per year to each shelter
for three years, starting in 2009. This amount, however, is
only a fraction of the overall operating expenses --
approximately $180,000 per year. (The Ankara operating
budget is reportedly a bit higher, though there are no rental
or facility costs, apart from water. Budget details for each
shelter are available upon request.)


C. (SBU) Yes. All trafficking victims are entitled access
to free legal services provided by the local bar association.
Each shelter employs a psychologist and the Ministry of
Health provides free medical care to trafficking victims.
The government taskforce engages medical associations on a
regular to ensure that awareness is maintained in the medical
community that victims are entitled to free care. Apart from

ANKARA 00000275 002 OF 004


these in-kind contributions and the support provided by the
Ankara municipality, the GOT did not provide direct financial
support during the reporting period. As noted in para B,
above, MFA pledged during the reporting period $20,000 per
year to each shelter for three years. Those funds will be
dispersed starting in 2009.


D. (U) See para A, above.


E. (U) We are not aware of longer-term shelter or housing
benefits to victims or other resources to aid the victims in
rebuilding their lives. Recipients of humanitarian visas are
entitled to work. Few victims choose to rebuild their lives
in Turkey; the large majority opt to return home, many even
before accepting IOM or shelter services.


F. (SBU) The GOT has a referral process. The procedure is
as follows:

- Potential victims and/or any foreign persons apprehended at
a crime scene are referred to the TNP Foreigners Department
by the first responders;
- A joint interview of a potential victim is conducted by the
expert police liaisons to the Ankara and Istanbul
shelters and experts from IOM and HRDF (if near Istanbul) or
FWS (if closer to Ankara),including a translator and
psychologist;
- After a determination is made that the individual is a
trafficking victim, the victim is placed at a shelter.

The sole authority for trafficking victim identification lies
with the TNP Foreigners Department, though it engages IOM and
NGOs in the process. Any foreign person at a crime scene is
automatically referred to the TNP Foreigners Department and
is thus, in principle, screened by TNP experts. While TNP
and NGOs and IOM work well together on many cases, our
contacts believe that significant gaps remain in the process,
i.e., some victims are not being identified as potential
victims by TNP and do not see IOM or NGO screeners. These
victims are more likely to be re-trafficked and even less
likely to be identified if apprehended a second time (ref B).



G. (U) The GOT identified 118 victims in 2008. IOM assisted
78 of those victims in their return home, and assisted an
additional victim though February 13, 2009. The balance of
victims declined IOM assistance and returned directly to
their home countries. The government facilitates the secure
return of all victims, including those declining IOM
assistance. As noted in para A, above, identified victims
are not required to pay normal departure fees or fines and
the GOT does not take steps to bar re-entry to Turkey. As
noted in para B, above, the Istanbul shelter assisted 57
victims in 2008; the Ankara shelter assisted 26 victims.


H. (U) Yes, see para F, above. However, as noted in Part 1,
Prevention, para B (septel),Turkey has a liberal visa regime
and customs authorities and consular officers are not broadly
empowered to turn away applicants at risk of being victimized
seeking to enter Turkey, i.e., young single women from source
countries.

It is illegal for foreign women to participate in the legal,
regulated commercial sex trade. According to local experts
and contacts, legal brothels do not contribute in any
significant way to trafficking in Turkey (ref B and C).


I. (SBU) The rights of victims are respected. Identified
trafficking victims -- even if they deny their victimization
-- are not deported, jailed nor fined. Identified victims
are not prosecuted for violations of other laws. However, as
noted in para F, above, there appear to be gaps in the
referral mechanism. As a result, some victims are likely not
identified. Such "unidentified" victims could be deported
after having been held in a detention facility; it is
unlikely that Turkish authorities would seek to prosecute
apprehended foreigners for what the authorities believe,
rightly or wrongly, to be a migration, prostitution or labor
violation. In addition, depending on the location of the
crime scene, some potential victims wait for days or more in
detention centers until they are interviewed. With Antalya
having emerged as a trafficking hot-spot, the GOT, along with
HRDF, has entered into discussions with the Antalya

ANKARA 00000275 003 OF 004


municipality to develop either a shelter or some other
dedicated facility to hold potential victims while they await
screening.


J. (SBU) MOJ, through local bar associations, provides free
legal services to trafficking victims, including to foreign
victims choosing to remain in the country and testify against
traffickers. As reported in para A, above, Turkey adopted a
new witness protection law during the reporting period.
While not a TIP-specific measure, GOT officials believe it
will encourage more victims to testify against traffickers
(ref B). The Turkish Penal Code contains provisions
permitting a trafficking victim to seek restitution in civil
court; we are not aware of a victim having filed such a suit.
There is no impediment to a trafficking victim's access to
legal redress. If a victim is issued a humanitarian visa,
he/she is permitted to work. Given the duration of Turkish
judicial proceedings, it is unlikely that a victim would
remain in Turkey for the duration of a trial. Rather, law
enforcement collects a statement from a victim which is
admissible in court. A challenge for Turkey, as MOJ contacts
have explained, is to have victims present to testify against
traffickers. The victim may return to Turkey to testify, but
it is our understanding that few do.


K. (U) As also reported in part 2, septel, the government,
in partnership with IOM, provides ongoing and extensive
specialized training for government officials to identify
trafficking victims and in the provision of assistance to
victims. Victims under the age of 18 are a small percentage
of trafficked victims, and we are not aware of any specific
training on the special needs of trafficked children.
However, the TNP provides training on child pornography.
Turkish consular officers warn at-risk visa applicants of the
risk of human trafficking through passport inserts
advertising the 157 helpline in Russian, Romanian, Turkish
and English. However, nationals from some source countries
do not require visas to visit Turkey (see Part 1, Prevention,
para E, septel). We have no evidence that Turkish nationals
are trafficked abroad. Turkish diplomatic and consular
representation is widespread throughout Europe, the Middle
East and the United States; Turkish embassies and consulates
would be prepared to offer all available services to any
Turkish national abroad in distress.


L. (U) See para K, above.


M. (U) IOM -- of which Turkey is a member state contributing
to the administrative budget -- is the principle IGO working
with trafficking victims in Turkey. As noted above and
elsewhere, septels, IGO and NGO cooperation with Turkish
central authorities is excellent. IGO and NGO interaction
with local authorities is done in coordination with national
authorities in Ankara. Through partnership with IOM and the
GOT, HRDF and FWS coordinate shelter, medical services,
psychological and legal counseling, and assist in
repatriation services for victims.

HEROES
--------------


3. (SBU) We are pleased to nominate Turgut Tokus as an
anti-trafficking "Hero." Tokus is the Chairman of the Board
of the Human Resources Development Foundation (HRDF),which
operates Turkey's first shelter dedicated for trafficking
victims, based in Istanbul. Tokus is a former senior officer
in one of Turkey's largest and most prestigious companies.
Recognizing that the unique needs of human trafficking
victims in Turkey were going unmet, Tokus, through the NGO he
chairs, stepped forward, ultimately securing the agreement of
the Istanbul municipality to provide a facility in which
trained HRDF staff could provide legal, psychological and
other assistance to trafficking victims in a secure
environment. The 2004 protocol signing ceremony was
witnessed by then-Turkish FM (and now President) Gul and
Secretary Powell. Since 2004, the shelter has assisted 390
victims and Tokus has remained a tireless advocate for the
protection of trafficking victims in Turkey and a key partner
in the GOT's efforts to strengthen the fight against TIP.
This partnership has helped bolster substantially Turkey's
capacity in the fight against trafficking -- another shelter
subsequently opened in Ankara -- even as the effort to
guarantee long-term, sustainable protection to victims has

ANKARA 00000275 004 OF 004


faced roadblocks, most recently in the municipality's
suspension of the rental coverage it had been providing HRDF.
Nevertheless, Tokus, bolstered by his partnership with other
"heroes" in Turkey's fight against TIP, both inside and
outside the government, presses on in this effort to ensure
the Istanbul shelter's long-term survival and even to expand
the number of facilities providing such care to trafficking
victims in Turkey.

BEST PRACTICES
--------------


4. (U) The GOT Taskforce on TIP includes 44 agencies,
municipalities, NGOs and IOM. It is a model, in Turkey, for
strong, effective interagency cooperation; the Taskforce
Chairman, Ambassador Kemal Gur, and the Ministry of Foreign
Affairs which chairs it, has broadened the Taskforce to
incorporate more representatives from outside of Ankara and
agencies in addition to the key agencies (MFA, MOI and MOJ)
involved in the fight against TIP. Gur directed that it meet
more frequently: six times per year since 2008. The effect
of this effort has been to raise TIP awareness substantially
across national and local government and to empower a
formidable intergovernmental body to help raise awareness
outside of it. For example, the Taskforce in 2008 partnered
with the Turkish Medical Association to raise awareness in
the medical community that victims of human trafficking are
entitled to free medical services under the law. It could
serve as a future platform on which to partner with chambers
of commerce or other business associations to help raise
awareness of TIP within the business community.

Visit Ankara's Classified Web Site at
http://www.intelink.sgov.gov/wiki/Portal:Turk ey

Jeffrey