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