Turkey country assessment

Major Trade Union Confederations

6.190 As recorded in Europa Regional Survey of the World: The Middle East and North Africa 2005, the major trade union confederations were TÜRK-IŞ (Confederation of Turkish Labour Unions) -President: Bayram Meral - and DISK (Confederation of Progressive Labour Unions) President: Süleyman Çelebi. [1d] (p1204)
Main Employers' Associations
6.191 As recorded in Europa the major trade union associations are TÜSIAD (Turkish Industrialists' and Businessmen's Association) President: Tuncay Ozilhan. TISK (Turkish confederation of employers’ Associations) President Refik Baydur. [1d] (p1202)
People Trafficking
6.192 As noted in the USSD 2004:
“The law prohibits trafficking in persons; however, there were numerous confirmed cases of trafficking of women and children to and within the country for the purposes of sexual exploitation and forced labor. The law provides penalties for trafficking ranging from 8 to 12 years in prison and, at judicial discretion, an additional penalty of up to 10,000 days (approximately 27.4 years) in prison. As of November, the Government reported that prosecutors opened 12 cases against alleged traffickers. Two cases resulted in seven convictions; several other cases were ongoing at year's end. “ [5c] (Section 5)
6.193 The USSD 2004 further stated that:
“The Government participates in antitrafficking initiatives through the OSCE, the Southeast European Cooperative Initiative (SECI), the Council of Europe, the North Atlantic Treaty Organization, the International Center for Migration Policy Development, Interpol, Europol, and the Stability Pact Task Force on Trafficking in Human Beings. During the year, the Government expanded bilateral and multilateral protocols with neighboring countries and regional groups to include antitrafficking law enforcement agreements. The Government's effectiveness in assisting other countries in combating trafficking varied. Counterparts in source countries reported that, in many instances, Turkish law enforcement agencies refused to share intelligence, evidence, and other critical trafficking case information.” [5c] (Section 5)
6.194 The USSD 2004 continued:
“The country was a destination and transit point for human trafficking. Most trafficking activity within the country, including for forced labor, occurred in Antalya, Istanbul, Izmir, and Trabzon. Trafficking syndicates also used the country as a transit country to supply the sex trade in Central Asia, the Middle East, Africa, the former Yugoslavia, and Western Europe. The Government placed the number of trafficking victims during the year at more than 200; however, the Government did not have a reliable system for victim identification. Various NGOs operating in the country and in neighboring source countries estimated the number of trafficking victims to be closer to 1,500.” [5c] (Section 5)
6.195 As outlined by the Council of Europe European Commission against Racism and Intolerance in its ‘Third report on Turkey - Adopted on 25 June 2004 and made public on 15 February 2005’:
“Turkey is a transit country, but also a country of destination, for trafficking in women for the purpose of prostitution…ECRI notes with approval that the authorities have recently started to take steps to counter trafficking in human beings. The Criminal Code was amended in August 2002 and a new Criminal Code was adopted in September 2004, which resulted in a strengthening of the provisions which are aimed at fighting human trafficking. The Criminal Code now includes a definition of trafficking in human beings and provides for heavier penalties for traffickers. A task force has been set up to combat trafficking in human beings and has drawn up a national plan of action in this area. Training courses have also been set up for public prosecutors, judges and law enforcement officials, and the authorities have introduced assistance for victims of such trafficking, especially in terms of housing, health care and temporary residence permits for humanitarian reasons. A shelter centre for the victims of trafficking was opened in Istanbul. “ [76] (p17)
6.196 The ECRI report continued:
“However, ECRI notes with concern that trafficking in human beings for the purpose of prostitution remains a problem in Turkey. The steps taken are still too recent to have had an impact. ECRI is particularly concerned to learn that officials have been involved in trafficking. It notes, however, that some of them have been duly punished. ECRI also notes that according to some reports, the media sometimes present the issue in a sensationalist manner, reproducing prejudice against the victims of trafficking and thus encouraging such prejudice among some sections of the general public. “[76] (p17)
6.197 The European Commission 2004 reported that
“In 2000 and 2001, almost 100,000 illegal migrants were apprehended each year in Turkey. More recently, Turkish authorities report that intensified efforts against illegal migration appear to have diverted migration flows away from Turkey. The number of illegal migrants apprehended decreased to approximately 83,000 in 2002 and 56,000 in 2003. The Turkish authorities apprehended 26,680 illegal migrants between January and July 2004. Altogether 1,157 Turkish and foreign organisers of illegal migration were arrested in 2002, 937 in 2003 and 468 in the first six months of 2004.” [71c] (p139)
6.198 The EC report 2004 continued
“The Turkish authorities arrested 143 members of organised human trafficking gangs in the first seven months of 2004 compared to 1,149 in 2003. 42 court cases involving 99 victims and 149 suspects were before the serious felony courts in the first three months of 2004. A National Action Plan on Combating Trafficking in Human Beings, approved in March 2003, is being implemented. The Ministry of Interior has distributed to all relevant authorities a guidebook on the fight against trafficking in persons. A specialised expert unit dealing with trafficking cases was established by the Ministry of the Interior in January 2004. Its aim is to ensure better dialogue and co-ordination between the police and other relevant authorities.” [71c] (p140)
6.199 The EC report 2004 further stated that “The Ministry of Interior and the Gendarmerie signed agreements with an NGO to improve assistance to victims of trafficking. A shelter for victims of trafficking started to operate in Istanbul in August 2004. The Prime Ministry identified 937 associations as responsible for providing assistance to victims of trafficking on the basis of the Law on the Fund for Social Aid and Solidarity.” [71c] (p140)
6.200 The EC report 2004 continued “A directive was adopted in January 2004 providing that victims of trafficking are entitled to medical treatment free of charge. In April 2004, the Ministry of Interior authorised the governorates to extend temporary residence permits for up to six months for victims of trafficking. Residence permits may be extended further if necessary.” [71c] (p140-141)
Freedom of Movement
6.201 As regards freedom of movement within the country, foreign travel, emigration and repatriation, the USSD 2004 reported that “The law provides for these rights; however, at times the Government limited some of these rights. The Constitution provides that a citizen's freedom to leave the country could be restricted only in the case of a national emergency, civic obligations (military service, for example), or criminal investigation or prosecution.” [5c] (Section 2d)
6.202 A senior official in the Passport Office, Ministry of Interior, explained to the Immigration and Nationality Directorate’s fact-finding mission to Turkey in 2001 the passport issuing procedures in Turkey. All Turkish citizens are entitled to a passport. An applicant must apply in person; an application cannot be made through an agent. The application must be made in the local area where the applicant resides. The regional passport office makes checks to verify his or her identity. These checks include establishing whether the applicant has criminal convictions and/or is wanted by the authorities. The applicant is always asked why the passport is wanted. [48] (p10)
6.203 An interlocutor advised the IND fact-finding mission that the issue of a passport would not be withheld if the applicant had not completed his military service; this is because there are provisions in law to defer military service. [48] (p11)
6.204 However, the Netherlands Ministry of Foreign Affairs' ‘Turkey/military service’ report published in July 2001 records that “Persons of call-up age are not usually issued with passports, and cannot have passports renewed. In a small number of cases, and with the consent of the military authorities, a passport with a short period of validity is issued. The entry ‘yapmiştir’ (done) or ‘yapmamiştir’ (not done) in the passport indicates whether the holder has completed military service or not.” [2b] (p15)
6.205 The IND fact-finding mission was also told that there are four different types of passport:

1. 
   Red (diplomatic) passports
   
2. 
   Grey (service) passports. Issued to lower rank government officials who are being sent abroad for a short time on official duty.
   

iii. Green (officials’) passports. Issued to government officials, who have reached a certain level, The qualification for these passports is based on hierarchy and length of service in government.

iv Blue. Issued to ordinary citizens. [48] (p10)

6.206 The Immigration and Refugee Board of Canada reported in July 2003 that
“Turkish citizens wishing to enter or exit Turkey are also required to have valid and appropriate travel documents. In the absence of such documents, airport and land border authorities will request that the individual present other documentation to assist in proving their Turkish citizenship, for example a drivers license, school records, birth registration card etc. However, since Turkish citizens are required to report their lost or stolen passports to the nearest Turkish embassy while abroad, Turkish border authorities must ask why the citizen does not have the appropriate travel documents. In addition to the inquiry, any information and all documents provided to the authorities by the individual are verified with the Turkish Ministry of Internal Affairs.” [7d] (p1-2)