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Cablegate: Turkey: 8th Annual Tip Report: Prosecution:

VZCZCXRO2846
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHAK #0484/01 0721442
ZNR UUUUU ZZH
P 121442Z MAR 08
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 5562
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEAHLC/HOMELAND SECURITY CENTER WASHDC PRIORITY

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

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