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DE RUEHNC #0293/01 0601444
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O 011444Z MAR 06
FM AMEMBASSY NICOSIA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5626
INFO RUEHAK/AMEMBASSY ANKARA PRIORITY 4551
RUEHTH/AMEMBASSY ATHENS PRIORITY 3509
RUEHLB/AMEMBASSY BEIRUT PRIORITY 4108
RUEHBM/AMEMBASSY BUCHAREST PRIORITY 0331
RUEHCH/AMEMBASSY CHISINAU PRIORITY 0079
RUEHKV/AMEMBASSY KIEV PRIORITY 0097
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RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 0067
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0466

UNCLAS SECTION 01 OF 06 NICOSIA 000293 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, PRM, IWI AND EUR/PGI, STATE 
PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: ASEC CY ELAB KCRM KFRD KWMN PHUM PREF SMIG
SUBJECT: AREA ADMINISTERED BY TURKISH CYPRIOTS: SIXTH 
ANNUAL TIP REPORT SUBMISSION 
 
REF: STATE 03836 
 
¶1.  This message is sensitive but unclassified--not/not for 
Internet distribution. 
 
¶2.  (SBU) Embassy Nicosia hereby submits information for the 
March 2004-March 2005 Trafficking in Persons (TIP) Report. 
Embassy point of contact is Bridget Alway, Political Section, 
Tel: (357) 22-39-3545, Fax (357) 22-39-3467.  Approximately 
80 hours (FSO-03) and 55 hours (FSN) were spent in preparing 
this material. 
 
¶3. (SBU)  Overview Questions: 
   -------------------------- 
 
¶A. (Note: the United States does not recognize the 
"government" of the so-called "Turkish Republic of Northern 
Cyprus (TRNC)," nor does any country other than Turkey.)  The 
area administered by Turkish Cypriots is a destination for 
women who are trafficked to work in the sex industry. 
Authorities believe it is a "transit" point for people 
wishing to illegally enter the European Union (EU), and NGOs 
believe it is a "transit" point for persons who may be 
trafficked in the construction industry.  Women trafficked 
for purposes of commercial sex do not change location once 
they have signed a contract with a particular nightclub in 
the north.  No official estimates on the number of victims 
exist.  The "Ministry of Interior" issued  1,031 "artiste" 
visas to women coming to Cyprus to work in 46 nightclubs and 
9 pubs.  In January, 2006, 378 foreign women were working in 
the area administered by Turkish Cypriots.  Moreover, in 2005 
the immigration police repatriated 150 women who wished to 
curtail their nightclub contracts.  Because the "TRNC" has no 
commercial air links with any country other than Turkey, all 
women entering the area administered by Turkish Cypriots to 
work in a nightclub or pub arrive via Turkey.  Authorities 
maintain that most of these women have been working in 
nightclubs in Turkey prior to coming to Cyprus.  NGOs back 
this up and have stated that historically women working in 
the sex industry have been "routed" through Istanbul on their 
way to Cyprus or other countries in the region. Authorities 
have also indicated that a significant number of Turkish 
women (who enter either on three-month tourist visas or on 
student visas) are known to be working as prostitutes out of 
apartments in the port cities of Kyrenia and Famagusta.  The 
"attorney general" believes these women may outnumber the 
third-country nationals coming to work on "artiste" visas. 
There were no NGOs that provided services to victims.  The 
immigration police said that during the reporting period 
women working in nightclubs and pubs came from:  Moldova 
(84%), Ukraine (10%), Kyrgyzstan (1%), Russia (1%), and 
Belarus (1%).  There were also a handful from Uzbekistan, 
Tajikistan, the Philippines, Kenya, Romania, and Nigeria. 
 
¶B.  See also 3, A.  There appear to have been no changes in 
the extent/direction of the trafficking.  The "attorney 
general" said that he has become aware of a number of Turkish 
women working as prostitutes out of private apartments after 
entering the island from Turkey on tourist or student visas. 
There is political will to address trafficking, particularly 
in the area of protection, as evidenced by the "Ministry of 
Health's" efforts to establish a "157" hotline similar to the 
one operating in Turkey (see also 6, A).  Many officials, 
however, still confuse trafficking with human smuggling. 
There is currently no anti-trafficking legislation.  Women 
working in nightclubs and bars are required by the 
"Nightclubs and Similar Places of Entertainment Law" (also 
known as the "Bar Girls Law") of 2000 to live onsite at their 
nightclubs and to surrender their passports to the 
immigration police.  Nightclub owners are not allowed to hold 
 
NICOSIA 00000293  002 OF 006 
 
 
the passports.  A nightclub may employ up to 12 women and a 
pub may employ up to three.  Women receive six-month visas, 
which they may renew immediately.  They are, however, 
required to leave at the end of the visa and re-apply for an 
entry permit.  Women typically serve drinks, perform nude 
dancing or engage in prostitution.  Victims may be subject to 
violence, threats, excessive working hours and inadequate pay 
and may be forced to perform sexual acts for 
clients/employers.  There were reports of men who had been 
trafficked to work in the construction industry. 
 
¶C.  Turkish Cypriot authorities are not a party to any 
international agreements due to the unrecognized status of 
the "TRNC."  Likewise, no branches of any international 
institutions are located 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 officials have not participated in any EU or 
international conferences or training's on TIP, but they did 
attend seminars organized by the U.S. and Swedish embassies 
with international participants.  Lack of funding is a 
problem in promoting a public awareness campaign, training 
police officers and providing aid to victims.  Corruption in 
the police is also a problem.  Ten immigration police 
officers were arrested in April on suspicion of smuggling 
people of Arab origin across the Green Line, and the 
"attorney general's" office confirms that an investigation is 
still ongoing.  Press coverage of the arrests suggested that 
high-ranking police could be involved.  In May, two 
immigration police officers at Ercan airport were questioned 
on suspicion of corruption after the exposure of a false visa 
ring, but no arrests were made.  There are widespread rumors 
that government officials hire prostitutes and benefit 
financially from the operation of nightclubs. 
 
¶D.  Statistics were available from the Turkish Cypriot 
authorities, but they were disorganized and confusing.  The 
"Ministry of Interior" tracks the number of nightclub visas 
issued, and immigration police track entries/exits and 
repatriations to and from the "TRNC."  While these two 
offices share statistics, their numbers did not always agree. 
 The "Ministry of Health" keeps statistics on its required 
weekly health checks for nightclub workers, and the police 
keep statistics on arrests related to prostitution.  There 
was no public disclosure of these statistics during the 
reporting period. 
 
¶4. (SBU) PREVENTION: 
   ----------------- 
 
¶A.  Turkish Cypriot authorities acknowledge that trafficking 
is a problem.  There is, however, much confusion of the issue 
with human smuggling. 
 
¶B.  The "ministries" of Health, Interior and Labor as well as 
the police were all involved in efforts to regulate the 
activities of nightclubs and prevent the abuse of women 
working in these clubs.  (Note: the police fall under the 
"Ministry of Foreign Affairs" but they are ultimately under 
the operational command of the Turkish military per 
transitional article ten of the "TRNC constitution," which 
cedes responsibility for public security and defense 
"temporarily" to Turkey.) 
 
¶C.  There were no "government-run" anti-TIP public 
information campaigns during the reporting period. 
 
¶D.  The "government" did not support other programs to 
prevent trafficking. 
 
NICOSIA 00000293  003 OF 006 
 
 
 
¶F.  There is no relationship between "government officials" 
and civil society on trafficking.  During the reporting 
period, there were two local NGOs actively concerned with 
trafficking. 
 
¶G.  Turkish Cypriot authorities make an effort to monitor 
their "borders," which include both ports of entry and the 
"Green Line" separating the area administered by Turkish 
Cypriots from the government-controlled south.  (Note: the 
"Green Line" is patrolled by the UN as part of the UNFICYP 
mission.)  Turkish Cypriot authorities complain of inadequate 
resources in this area.  There is substantial evidence that 
the area administered by Turkish Cypriots is a transit point 
for people, typically from the Middle East and South Asia, 
seeking to enter the EU through the Republic of Cyprus. 
There are reports that Greek Cypriots and Turkish Cypriots 
cooperate in alien smuggling schemes.  When caught by 
officials in the north, these smugglers are typically charged 
with entering outside of a legal port of entry.  The 
immigration police reported that 40% received prison 
sentences, 25% were fined and the rest were still awaiting 
trial.  The smuggled aliens were deported. 
 
¶H.  The "government" agencies listed in 4,B above were all 
members of the "Nightclub Commission," an "interagency" group 
with local "government" representation that meets once a 
month to discuss any issues related to nightclubs and their 
employees.  The Commission makes recommendations to the 
"Ministry of Interior" on the granting of club licenses, 
recommends changes in employee quotas and intervenes in any 
problems arising at a club.  Neither the Commission nor the 
"Ministry of Interior" can cancel nightclub operating 
licenses, however.  The "Ministry" tried to do this in 2005 
when nightclubs refused to relocate after zoning measures 
were implemented as part of the "Nightclubs and Similar 
Places of Entertainment Law."  A local court ordered the 
"Ministry" to reinstate the licenses in question because they 
had already been purchased.  The "Attorney General" 
subsequently advised the "Ministry" that it would face 
numerous legal hurdles in trying to revoke nightclub 
operating licenses.  The Nightclub Commission is the only 
institutionalized forum for discussing TIP, but it did not 
deal with any specific TIP cases in the reporting period. 
There is no public disclosure of assessments of 
anti-trafficking efforts.  The head of the nightclub 
commission is the "Undersecretary of the Ministry of 
Interior."   There is no public corruption task force.  There 
is an Ombudsman's office, but the position has been vacant 
for the last three years. 
 
¶J.  The "government" does not have a "national" plan of 
action to address trafficking in persons. 
 
¶5.  (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
    --------------------------------------------- ------ 
 
¶A.  No new legislation has been enacted since the last TIP 
report.  The area administered by Turkish Cypriots does not 
have a law that specifically prohibits trafficking in 
persons.  The law does, however, prohibit forced abduction 
and forced labor.  In 2005, all potential trafficking cases 
were tried on the grounds of living off the earnings of 
prostitution.  The "attorney general" stated that there were 
no complaints that would allow the authorities to press 
charges of forced labor.  However one NGO claimed that there 
were cases of workers being trafficked in the construction 
industry. 
 
¶B.  See 5, A.  Persons convicted of living off the earnings 
 
NICOSIA 00000293  004 OF 006 
 
 
of prostitution may receive two years in prison and/or a fine 
of one million old Turkish Lira--a mere 85 U.S. cents--at the 
discretion of the judge.  Persons convicted of forced 
abduction/labor are punished by imprisonment and/or fine at 
the discretion of a judge.  The law holds that an employer 
can spend a year in prison or pay a fine of $300 if he/she 
allows a nightclub employee to miss a weekly health check 
required by the "Ministry of Health." 
 
¶C.  The basic law provides no minimum sentence for 
individuals convicted of rape, including spousal rape; the 
maximum sentence is life imprisonment. 
 
¶D.  Engaging in prostitution and living on the earnings of 
prostitution are both illegal, and arrests were made for both 
during the reporting period.  Officials stated, however, that 
it is difficult to close down cabarets because of a lack of 
evidence of prostitution. 
 
¶E.  The "government" prosecuted no cases on the grounds of 
trafficking during the reporting period, due to a lack of 
appropriate legislation.  Police arrested 25 people in 25 
cases, however, on grounds of prostitution and living off the 
earnings of prostitution.  Of those, 16 cases are pending 
trial and nine defendants were convicted.  Of the nine 
people, there were six men and three women (of Moldavian 
British and Turkish nationality).  None of them were 
nightclub owners.  All paid penalties ranging from $.85-1.70 
(1-2 million old Turkish Lira). 
 
¶F.  Turkish Cypriot authorities do not know precisely who is 
behind the trafficking since the victims are coming via 
Turkey.  They do not know what happens to the women between 
the time they leave their countries and arrive in the area 
administered by Turkish Cypriots.  They have indicated, 
however, that the men accompanying women entering on 
"artiste" visas at ports of entry are often Turkish.  They 
also believe that organized crime is behind the ownership and 
management of some of the nightclubs in the area administered 
by Turkish Cypriots.  The press reported an independent 
researcher's claims (after reportedly interviewing "artistes" 
at cabarets) that the women came to Cyprus via agencies 
seeking models, babysitters or caretakers for the elderly. 
 
¶G.  The "government" actively investigated allegations of 
trafficking.  In November the NGO La Strada contacted Embassy 
Nicosia regarding a Moldavian woman who had allegedly told 
her mother in Moldova that she was being held at a nightclub 
in the area administered by Turkish Cypriots and wanted to 
leave.  The Embassy contacted the Turkish Cypriot Police, who 
immediately investigated the case and arranged for the 
woman's repatriation.  The Police reported that the woman 
said she missed her child, and that her mother had 
exaggerated her situation.  The "Ministry of Labor," along 
with the immigration police, complete routine work place 
inspections at restaurants, hotels, nightclubs, casinos and 
construction sites to make sure: 1) workers have valid work 
visas; 2) workers have a signed contract with their employer; 
3) working conditions are safe and sanitary.  The Police take 
advantage of bar and nightclub inspections (4 to 5 times per 
month) as a time to interview the women and ask them if they 
have any problems (police estimated that around 10% of the 
women they interviewed did not understand that they would be 
working in prostitution when they came to Cyprus).  The 
Police do not use electronic surveillance, undercover 
operations, mitigated punishment or immunity in prosecuting 
cases.  The law typically prohibits use of these techniques, 
although a judge may overrule such provisions. 
 
¶H.  The "government" does not provide specialized training on 
 
NICOSIA 00000293  005 OF 006 
 
 
TIP. 
 
¶I.  The "government" cooperates only with Turkey (see also 
question 3, C).  The Police may contact Interpol via Turkey 
as well. 
 
¶J.  The Turkish Cypriot constitution does not allow for 
Turkish Cypriots to be extradited, and Turkish Cypriot 
authorities have not announced any plans to amend this in the 
basic law.  The authorities can extradite citizens from other 
countries.  However they did not receive any requests for 
this (see 3, C). 
 
¶K.  See also question 3, C.  To prevent corruption, Police 
assign officers to nightclub inspections on a random basis 
and do not announce these assignments until the last minute. 
 
¶L.  The Police have an internal disciplinary mechanism that 
functions in cooperation with the "attorney general's 
office."  No officials were prosecuted for engaging in 
prostitution or trafficking. 
 
¶M.  N/A  There is no evidence of a child trafficking problem 
in the area administered by Turkish Cypriots. 
 
¶N.  N/A 
 
¶6.  (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: 
    ------------------------------------------ 
 
¶A.  The "Ministry of Health" requires nightclub employees to 
report to a hospital for weekly health checks, which aim to 
prevent the spread of sexually transmitted diseases.  In the 
summer of 2005, the "Ministry's" plans to interview women in 
their native languages fell through due to a lack of 
appropriate staff; however, it did begin disseminating and 
collecting (though not evaluating) questionnaires on living 
conditions from women working in nightclubs and bars.  In 
December the "Ministry" reserved the toll free "157" number 
with the telephone authority and hired a Russian-speaking 
nurse with the intention of beginning personal interviews 
with women during their health checks and routing the 157 
line's calls to the nurse's cellphone.  At the end of the 
reporting period, the line was activated but had not yet been 
put into service. 
 
In an effort to protect the women working in nightclubs, the 
"Nightclubs and Similar Places of Entertainment Law" mandates 
that Police keep their passports and return airplane tickets 
throughout the duration of their stay to prevent employers 
from withholding these documents.  (Women pay $4,000 to 5,000 
U.S. up front to cover visa and travel expenses.) 
Furthermore, the "Ministry of Health" inspects nightclubs to 
ensure the women are not subjected to unsanitary working or 
living conditions (since they are required by law to live on 
the nightclub premises).  Apart from the case mentioned 
earlier (5, G), all of the "ministries" told us they have had 
almost no complaints from women working in nightclubs. 
Because of this and the fact that the Police repatriate any 
woman who wants to leave, authorities have not felt the need 
to offer shelter or counselor assistance.  According to the 
"Nightclubs and Similar Places of Entertainment Law," women 
need only tell the Police they want to leave their employment 
and the Police must arrange for their immediate repatriation. 
 In 2005, the Police repatriated 150 women.  Of those, 85 
asked to leave because they or a member of their family was 
sick; 40 stated they simply wanted to stop working; and the 
rest said they either wanted to get married, had family 
problems, or wanted to go back to school. 
 
 
NICOSIA 00000293  006 OF 006 
 
 
In an attempt to limit the number of nightclubs in urban 
areas, authorities have implemented zoning measures.  The 
"Nightclubs and Similar Places of Entertainment Law" declared 
that all nightclubs had to move outside of urban centers. 
Despite a December 2005 deadline for all remaining nightclubs 
and pubs to move out, however, 6 nightclubs remained in 
operation within the city limits of the major Turkish Cypriot 
metropolitan centers by the end of the reporting period.  In 
response, the "Ministry of Interior" stopped renewing 
"artiste" visas for the employees working in these 
establishments, but did not attempt to close them down (see 
also 4, H). 
 
¶B.  The "government" did not provide funding or other forms 
of support to foreign or domestic NGOS for services to 
victims.  Two NGOs expressed interest in TIP during the 
reporting period, but they did not provide services to 
victims. 
 
¶C.  There is no such referral process. 
 
¶D.  For the most part, victims' rights are protected. 
Victims may be prosecuted for violating laws governing 
immigration and prostitution. 
 
¶E.  There is no legislation specifically against trafficking. 
 Authorities said there were no complaints made during the 
reporting period that would allow them to pursue traffickers 
on charges of forced labor, either in criminal or civil 
courts.  The Police indicated that women gave statements in 
investigations of crimes related to prostitution, but could 
not specify how many.  A woman is not permitted to seek 
alternative employment if acting as a material witness in a 
court case.  There is no victim restitution program.  Women 
are not permitted to stay in the area administered by Turkish 
Cypriots and pursue other employment if they leave their 
nightclub. 
 
¶F.  There is no witness protection program.  The "government" 
does not run any shelters and argues that currently there is 
no need for such a system since the Police arrange immediate 
repatriation for women who wish to leave their employment. 
There is currently no evidence of the trafficking of children. 
 
¶G.  The "government" does not provide specialized training 
for "government" officials in recognizing trafficking and 
providing assistance to victims.  The "government" has no 
embassies or consulates in foreign countries. 
 
¶H.  There were no cases during the reporting period of 
Turkish-Cypriots who were victims of trafficking in other 
countries. 
 
¶I.  N/A. 
SCHLICHER