Country of origin information report Turkey December 2007

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Health issues
23.42 The United Nations Children's Fund Turkey (UNICEF) in the title page of their 2006 report, “Child First” stated that:
“For over fifty years the United Nation’s Children’s Fund has been contributing its international experience and resources to programmes and projects for children in Turkey. In partnership with government, civil society, the private sector, children, their families and communities, UNICEF continues to help build a society where every child benefits from good health care. Some of Turkey’s successes for children and their families include infant mortality rates reduced from 43 to 29 per thousand live births and under five mortality rates reduced from 52 to 37 per thousand and polio–free certification by the European Regional Commission for Poliomyelitis Eradication.” [91e]
23.43 The same UNICEF 2006 report, “Child First - Routine Immunisation” noted that:
“Diphtheria, pertussis, tetanus, tuberculosis, hepatitis B, polio and measles are potentially fatal diseases to which children are particularly vulnerable. All seven of these diseases are vaccine–preventable yet, according to the Turkey Demographic and Health Survey 2003 (TDHS), only 45% of children under five years of age — 34.4% in rural areas — received all of the necessary vaccinations before their first birthday.” [91f]
23.44 The EC 2007 report noted that, “With regard to the coordination of social security systems, efforts to build the administrative capacity of the Social Security Institution, the competent authority under Community legislation, continued in particular through the establishment of an EU department. Preparations with a view to introduction of the European health insurance card have not started.” [71d] (p35)
See also Section 25.01 Medical Issues
Torture and mistreatment under detention
23.45 The Child Rights Information Network (CRIN), in an article posted in April 2006, emphasised that:
“A total of 202 children had been detained in relation to the incidents in Diyarbakir between March 28 and April 1, 2006 and 91 of them were arrested after their initial custody period. As result of an appeal made by the Diyarbakir Bar Association, 34 of the imprisoned children were later released. The Bar Association Center had disclosed then that 95 percent of the children detained by security forces had been subject to torture and mistreatment.” [94a]
23.46 BIA News Center reported in July 2006, ‘34 Torture Investigations in Diyarbakir’ that:
“A total of 34 preparatory investigations have been launched against police officers in Diyarbakir related to allegations of torture and mistreatment of children and adults during and after the March 28-April 1 disturbances in the city this year. Diyarbakir Bar Association Children Rights Center lawyer Cengiz Analay welcomed the investigations and told Bianet that even if with a delay it appears for now that what should be done against torture and mistreatment is being done. But the 24 torture files that have been opened should not end up inconclusive like the others. Analay said that as the city Bar Association they are following this issue closely and are waiting for the result of the 34 investigations with interest. He said they insisted that torturers not be left unpunished.” [102e]
23.47 As reported by BIA News Center in September 2006, ‘Lawyer Investigated to Reveal Child Torture’:
“The Izmir Public Prosecutor's Office has launched an investigation against attorney Nalan Erkem who in 2003, as an executive of the city Bar Association Group to Prevent Torture, publicly disclosed the existence of torture and mistreatment of children held at the local Buca prison. Erkem had passed on information and allegations to the press related to incidences of torture of children at the Buca prison children’s ward, their denied access to legal counsel and refusals by prison authorities to requests of transfers.” [102c]
23.48 In the Human Rights overview of Turkey 2005, Human Rights Watch noted that
“In January 2005, the Turkish parliamentary human rights commission reported that, during a visit to Saray Rehabilitation Center, a psychiatric institution in Ankara, it had discovered children tied to their beds and imprisoned naked in cold rooms. Mental Disability Rights International reported in September that psychiatric hospitals in Istanbul and Izmir were inflicting electroconvulsive treatment (ECT) on patients without muscle relaxants and anesthesia. The Council of Europe’s Committee for the Prevention of Torture had already condemned this painful and dangerous practice in a 1997 visit to Turkey. The report also described how children were subjected to ECT, and had their hands and feet bound to their beds for long periods.” [9e]
23.49 The USSD 2006 report noted that, “The NGO Mental Disability Rights International (MDRI) announced that use of electroconvulsive or ‘shock’ treatment without anesthesia was abolished but that there remains no legal ban on the practice. In September 2005 MDRI released a report stating that people with mental disabilities in the country were subject to treatment ‘tantamount to torture.’ The international NGO, which conducted a two-year study in the country, claimed the country lacked community-based support for mental patients and offered no alternative to state institutions where the mentally disabled were held separately from society in ‘prison-like incarceration.’ Specific abuses listed in the report included: mental patients committed to psychiatric hospitals without judicial review; excessive use of electroconvulsive shock treatment without anesthesia; use of shock treatment on young children; malnutrition and dehydration of patients; lack of rehabilitation and physical therapy; and excessive use of physical restraints, including children tied to beds for extended periods.” [5g] (section 5)
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24 Trafficking
24.01 The US State Department Report (USSD) 2006, published on 6 March 2007, noted that:
“The law prohibits trafficking in persons; however, there were reports of trafficking in women and children to and within the country for the purpose of sexual exploitation and occasionally labor. There were allegations that police corruption at all levels contributed to the trafficking problem. The country was a destination and source for trafficked persons. The government identified 246 trafficking victims during the year. Young women seeking employment, particularly from Moldova, Ukraine, Belarus, and Russia, were at the greatest risk of being trafficked into the country. The most identified foreign victims were trafficked for sexual exploitation and were found in Istanbul, Ankara, and Antalya, although victims were identified in cities all around the country. There were media reports of Turks being trafficked internally and, according to NGOs working in the field, the number of women trafficked internally for sexual exploitation was increasing.” [5g] (section 5)
24.02 The USSD 2006 report continued:
“The law punishes trafficking with prison terms ranging from eight to 12 years' imprisonment in addition to heavy fines. The 2005 Penal Code specifically addresses trafficking as a crime. However, prosecutors have mostly tended to use other articles that regulate prostitution, rather than the new law on trafficking, which has so far rendered the new law nearly ineffective. In December parliament passed two amendments to the Penal Code that addressed this problem by removing forced prostitution from the article regulating prostitution and adding it explicitly to the antitrafficking article. The amendments were signed into law by the president in December. The government reported that prosecutors opened 26 new cases against alleged traffickers through June. Courts convicted 22 defendants and acquitted 54 on trafficking charges during that period. Several cases were ongoing at year's end.” [5g] (section 5)
24.03 The USSD 2006 report further noted that, “There were credible reports that the government continued its practice of processing trafficking cases as voluntary prostitution and illegal migration. The IOM reported that it assisted 191 trafficking victims who departed voluntarily. The national police identified 246 trafficking victims, all of whom departed voluntarily. Four police and 10 jandarma officials were arrested during the year for either ignoring or facilitating trafficking in persons. There were two shelters for trafficking victims, both operated by NGOs, in the country.” [5g] (section 5)
24.04 The European Commission 2007 report stated:
“Progress continued in combating trafficking in human beings. A legislative amendment was made on the offence of human trafficking to allow for effective judicial implementation. The Minister of Interior issued a circular to all personnel working on the cases of human trafficking followed by a handbook on the subject. 422 traffickers were arrested in 2006 and 279more as of end of September 2007. The free emergency helpline for trafficking victims, which rescued 122 individuals as of end of September 2007, was opened to international calls. In 2006, 246 persons were identified as victims and returned voluntarily to their countries of origin. In the first nine months of 2007, 124 were identified as victims. 101 of those returned voluntarily to their countries of origin. Victims of trafficking continued to benefit from two shelters run by civil society organisations. Protocols on cooperation and information exchange for the fight against human trafficking were ratified with Kyrgyzstan and with Moldova. Awareness raising and training activities to enhance the combating of trafficking in human beings need to be conducted.” [71d] (p65-66)
24.05 The EC 2007 recorded that “The number of illegal migrants that were apprehended declined slightly, from 57,428 in 2005 to 51,983 in 2006. In the first seven months of 2007, 32,151illegal migrants were reported. To increase the capacity (of) to shelter illegal migrants, a new centre with a capacity of 200 persons was opened in Istanbul.” [71d] (p63)
24.06 As noted in the US Department of State ‘Trafficking in Persons Report’, released on 12 June 2007:
“Turkey is a major destination and transit country for women and children trafficked primarily for the purpose of commercial sexual exploitation. A small number of men from Turkey were trafficked to the Netherlands for the purpose of forced labor in 2006. Women and girls are trafficked from Moldova, Russia, Ukraine, and other countries in Eastern Europe and the former Soviet Union. This year victims were also trafficked from Kenya, Nigeria, and the Philippines. Some of these victims are trafficked through Turkey to the area administered by Turkish Cypriots for the purpose of sexual exploitation.” [5d] (Country narratives – Turkey)
24.07 The USSD ‘Trafficking in Persons Report’ continued:
“The Government of Turkey does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2006, the government amended its law to increase penalties for trafficking offenses and to increase victims' rights and access to assistance. Turkey also increased its total number of trafficking investigations, prosecutions, and convictions over the last year.” [5d] (Country narratives – Turkey)
24.08 The 2007 Trafficking in Persons Report continued:
“The Government of Turkey significantly advanced its law enforcement efforts over this reporting period. Article 80 of the penal code prohibits trafficking for both sexual exploitation and forced labor. The penalties prescribed for trafficking have been increased to 8 to 12 years' imprisonment, which are sufficiently stringent and commensurate with prescribed penalties for other grave crimes, such as sexual assault. Turkish authorities conducted 422 investigations, a significant increase from 241 investigations in 2005. The government prosecuted 192 suspects in 2006, up from 144 prosecuted in 2005. Convictions were obtained against 36 traffickers in 2006, up from 29 convictions in 2005. Twenty-nine traffickers received prison sentences ranging from one month to six years; six traffickers only received fines. One trafficker's sentence was unconfirmed. During the reporting period, the police continued an internal anti-trafficking training program, reaching 1,150 additional police officers. While the government arrested some low-level officials for trafficking, no officials were prosecuted or convicted over the reporting period.” [5d] (Country narratives – Turkey)
24.09 On 10 August 2006 the Turkish Daily News reported:
“Criminal courts in Turkey over the last year settled almost 200 cases involving the crime of human trafficking, with 687 people appearing before the courts. In response to an official question from Justice and Development Party (AKP) Balıkesir deputy Turhan Çömez, Justice Minister Cemil Çiçek said yesterday in a written statement that 116 of those cases are still pending this year. Thirty-seven out of 210 people who were tried concerning 66 cases were sentenced, Çiçek said. The number of aggrieved people who have been trafficked in 182 cases is 683, he noted, and added that those people were from Iraq, Iran, Russia, Ukraine, Belarus, Uzbekistan, Palestine, Romania, Bangladesh, Moldova, Kyrgyzstan, Azerbaijan, Georgia and Dagestan.” [23o]
24.10 The BIA News Center reported that:
“A joint study conducted by the International Organization for Migration (IMO) and Turkey’s Security General Directorate has revealed a significant increase in human trafficking victims being brought to Turkey, a majority of them by force… In the first three months of 2006, IMO revealed eight forced kidnapping cases all from former East Block countries involving women aged 19 to 29. A statement from IOM said eight of the women involved were kidnapped from the Istanbul Airport by persons speaking Russian and proposing to assist them in transport arrangements… Despite the concentrated efforts of the IOM and Turkey’s National Police Directorate, there is a significant increase in documented kidnap cases.The police department against Smuggling and Organised Crime (KOM) figures shows that following the abolishment of the Soviet Union and the subsequent economic crisis in the region, human trafficking to Turkey has reached “dangerous proportions.” [102m]
24.11 The European Commission 2007 report further stated that, “Progress can be reported particularly in the areas of organised crime, drug trafficking and human trafficking. Considerable and sustained efforts are required in areas such as police cooperation and external borders” [71d] (p67)
See also Section 28.01 Foreign Refugees
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SUPPORT AND ASSISTANCE
24.12 The 2007 Trafficking in Persons Report further noted:
“Turkey continued to improve its victim assistance efforts over the reporting period. Turkish authorities successfully implemented procedures to identify trafficking victims among women in prostitution, although there were reports that the government continued to process some trafficking cases as voluntary prostitution and illegal migration. Although the government does not provide a government-run shelter, it provided rent, utilities, and administrative costs for two NGO-run trafficking shelters. Police work closely with IOM to identify and refer victims to trafficking shelters, ensuring that victims have access to protection services.” [5d] (Country narratives – Turkey)
24.13 As recorded on the website of the Turkish Ministry of Foreign Affairs last updated on 26 November 2007, “Due to her unique geographical position, Turkey is a destination country. Victims of THB are mostly from old Soviet Republics and the Statistical Data is as follows:

Fight Against THB*	Number of rescued victims	Number of voluntarily returned	Number of accommodated in shelters	Number of human traffickers apprehended
2003	102			149
2004	239	61	18**	227
2005	256	220	142	379
2006	246	197	190	422
2007 (till 9 November)	131	107	100	288

* Trafficking in human beings is frequently confused with human smuggling. Human smuggling is to assist for profit purposes, persons who do not possess a permanent residence in Turkey to enter and reside illegally and Turkish nationals to exit the country illegally.

** The number of the victims of human trafficking who accommodated, had medical and psychological assistance in shelters between November 2004-December 2004.” [60b]
24.14 The Turkish Ministry of Foreign Affairs last updated on 26 November 2007 further noted that, “On 19 December 2006 “forced for prostitution” is included in the description of THB in article 80 of Turkish Criminal Code. Thus, forced prostitution, the most important dimension of human trafficking, will be punished with this article. Positive outcome of the amendment of the Article 80 is expected by the beginning of 2008.” [60b]
24.15 The Turkish Ministry of Foreign Affairs updated 13 November 2007 further noted that, “157 the toll free, tip-off number/emergency helpline for the victims of trafficking, became operational on May 2005. The operators provide services in Russian, Romanian, English and Turkish. The helpline can be reached throughtout Turkey including mobile phones. It can also be reached from abroad (+ 90 312 157 11 22). Shelters have been established in Istanbul in 2004 and in Ankara in 2005 for the victims of trafficking.” [60b]
24.16 A Country profile by Migration Research. Com dated April 2006 stated on the topic of human smuggling and trafficking that:
“Turkey has made some significant legislative changes in an effort to combat human smuggling and trafficking. First, it has amended its penal code to reflect the UN’s Convention against Transnational Organised Crime (Palermo Convention) and its two protocols related to human smuggling and trafficking. Migrant smugglers now face penalties of three to eight years’ imprisonment and a judicial fine, a penalty that increases by half if the perpetrators are acting as

an organisation. The new penal code also provides an official definition of

trafficking and a punishment of eight to ten years’ imprisonment and judicial

fine for the offense. The Ministry of Health has ordered the provision of free medical treatment at state-owned hospitals for individuals who have been identified as victims of human trafficking. Additionally, the Ministry of the Interior now allows authorities to issue humanitarian visas and temporary residence permits for up to 6 months to those victims of human trafficking who wish to stay

in Turkey for rehabilitation and treatment.” [19] (p6)
Training activities
24.17 The Turkish Ministry of Foreign Affairs further noted that, “Training was given to law enforcement officials. First public awareness campaign with the title “Have you seen my mother?” was launched on 2 February 2006 with the contributions of IOM and coordination of the Turkish Government.” [60b]
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25 Medical issues
Overview of availability of medical treatment and drugs
25.01 As noted in the United Nations Development Programme (UNDP) Human Development Report 2005 (Country Fact Sheets, Turkey) “Turkey is ranked 94th in the 2005 Human Development Report, with an HDI value of 0.750.” The HDI rank for 2003 (177 countries) was 94, with an HDI value of 0.750. [35a]
25.02 As noted in a letter from the British Embassy in Ankara to the Home Office dated 11 April 2006 “According to the Turkish Health Ministry, in 2003 there were 1,130 hospitals with a bed capacity of 164,897. The total number of physicians was 93,200 with 748 people per physician.” [4m]
25.03 The Foreign and Commonwealth Office reported in 2001 that if the patient has contributed to a social security scheme (SSK, BAG KUR, EMEKLI or SANDIGI), his or her cost of treatment will be met. A person who has not made social security contributions and who does not have his/her own financial means and can show that he/she is penniless, is provided with free treatment by the state. [4a]
25.04 On 21 February 2005 the Turkish Daily News reported that a law to transfer ownership of Social Security Authority (SSK) hospitals to the Health Ministry had come into effect over the weekend.
“The law also transfers health facilities owned by Postal and Telecommunications General Directorate (PTT) and Ziraat Bank to the ministry. SSK hospitals will from now on be run like other state-owned medical facilities. SSK members will still have to obtain referrals from their local hospital for treatment at university hospitals… Numerous political parties, nongovernmental organizations and labor groups criticized the government decision to transfer the hospitals to the Health Ministry. Those opposing to the law said the government intended to privatize the health sector, with many people only getting the treatment they could afford. The government decision is a small part of the social security reform process currently under way to ease the burden on taxpayers. Despite being owned by the SSK, hospitals are a drain to the state because of the huge losses they incur.” [23p]
25.05 As reported in the letter from the British Embassy in Ankara to the Home Office dated 11 April 2006 “AKP contacts recently told the Embassy that the government would shortly pass two critical pieces of legislation regarding the health and social security system. One would bring three separate social security institutions under a single roof and the other would introduce general health insurance and a GP system in Turkey. These two pieces of legislation were cleared through the Parliamentary Committee stages in March 2006.” [4m]
25.06 The US State Department’s Consular Information Sheet on Turkey dated 1 November 2006 and current at 14 May 2007, stated:
“Turkish hospitals vary greatly. The new, private hospitals in Ankara and Istanbul have modern facilities and equipment, and numerous U.S.-trained specialists, but still may be unable to treat certain serious conditions. Those planning to remain in Turkey should consider bringing a six-month supply of necessary chronic medications (e.g., heart medications, birth control pills). Nursing care and diagnostic testing (including mammograms) are not up to American standards. Health care standards are lower in small cities in Turkey in comparison to bigger cities such as Ankara, Istanbul, Izmir and Adana.” [5f]