US embassy cable - 05ANKARA1552

UNCLAS SECTION 01 OF 03 ANKARA 001552 
 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, EUR/PGI, EUR/SE, 
EUR/PPD, IIP/G/EUR 
 
E.O. 12958: N/A 
TAGS: KPAO, KWMN, PHUM, PREL, SMIG, TU, OIIP, TIP IN TURKEY 
SUBJECT: CARLIN TALKS TIP TACTICS WITH JUDICIAL OFFICIALS; 
UNITES NGOS ON TIP 
 
This is a joint Ankara-Istanbul cable. 
 
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CARLIN SHARES TIP EXPERTISE WITH ANKARA JUDGES, PROSECUTORS 
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1. (U) IIP Speaker Barbara Carlin, Resident Legal Attache in 
Skopje, Macedonia, brought her expertise on prosecution of 
human trafficking cases to Turkey to support a Ministry of 
Justice conference for 50  judges and prosecutors on February 
9.  The conference, organized by the International 
Organization of Migration (IOM) in cooperation with Public 
Affairs Section Ankara, was part of an ongoing training 
program undertaken by the Ministry of Justice for officials 
of the judiciary, police and gendarmerie on trafficking in 
persons. 
 
2. (U) The morning session of the conference was devoted to a 
discussion of the international legal definitions of 
trafficking in persons and smuggling of migrants, and the 
differences between them.  An overview of the Turkish 
legislation on trafficking was presented by Dr. Cetin Arslan, 
public prosecutor for the Turkish Supreme Court.  Ms. Carlin 
made a detailed presentation on "Prevention, Protection, and 
Prosecution" of TIP cases and discussed each component of a 
TIP strategy aimed at bringing criminals to justice.  Her 
extensive and carefully-prepared materials were translated 
into Turkish by IOM, thereby assuring full access to them by 
all participants.  The afternoon session was devoted to case 
studies, during which the participants discussed the 
applicability of specific prosecutorial practices and engaged 
in hands-on activities as they followed cases through stages 
from investigation to apprehension and prosecution. 
 
3. (SBU) In the course of the day's sessions, Ms. Carlin's 
dialogue with the participants highlighted challenges faced 
in prosecuting TIP cases in Turkey, and sought strategies for 
managing those difficulties and taking advantage of all of 
the legal resources available to combat TIP.  Participants 
estimated that the overall conviction rate in Turkey was 60%. 
 They noted, however, that the rate appeared low because in 
Turkey when there is any evidence that a crime has been 
committed, it must be brought to trial-- not just if the 
evidence is strong.  Participants also observed that since 
the public prosecutor is senior to police and jandarma, he 
should carry out the investigation himself, but sometimes 
turns it over to police.  However, when the prosecutor 
himself carries out the investigation, often not as much 
evidence is gathered.  Police and Interior Ministry officials 
separately confided concerns that changes in the Procedural 
Code taking effect April 1 would further distance law 
enforcement bodies from the investigation process.  They 
claim that under the new rules, the police will be forced to 
ask prosecutors for permission to conduct searches and other 
parts of the investigation, and their hands will be tied. 
 
4. (SBU) Participants' comments highlighted a number of 
differences between the U.S. and Turkish legal systems, some 
of which make prosecution of TIP cases (or any organized 
crime) difficult.  For example, the use of plea bargaining as 
a tool to extract information is not practiced, at least as 
we know it.  Participants stated that prosecutors have no 
authority to bargain; even if an accomplice provides all the 
crucial evidence, a case must be filed against him.  However, 
the judge may elect to give a smaller sentence. 
Additionally, according to the organized crime law, if a 
person is a member of an organized-crime group but has not 
personally committed a crime, they may not be charged.  Under 
the new Penal Code taking effect April 1, it will be possible 
for a judge to give no sentence if a person has provided 
information used in a trial. 
 
5. (SBU) Similarly, due to lack of funding, there is little 
in the way of a witness protection program as such.  Judges 
and prosecutors who feel threatened may apply to the 
protection board, but the protection mechanism is not very 
efficient.  In an effort to stimulate participants to find 
alternatives, Ms. Carlin described a program funded by Public 
Affairs Section Skopje and supported by SECI in which police 
officers escort a victim for the duration of her stay for the 
trial until her return to her home country.  She emphasized 
that the witness is in more danger before giving testimony 
than afterwards. 
 
6. (SBU) Ms. Carlin described a number of other resources 
prosecutors and judges may be able to use in order to get 
traffickers convicted.  Forfeiture laws could be used to 
secure control of traffickers' assets, which could then be 
used to help the victims.  Videoconferencing (allowed under 
the April 1 procedural changes) is a key tool both for 
protecting victims and for facilitating their testimony in 
other countries.  In addition, even when the evidence in a 
human trafficking case is elusive, suspects could be charged 
with tax evasion, solicitation of prostitution, forming a 
criminal group, among other crimes. 
 
7. (U) Results: Ministry of Justice officials, IOM 
representatives and the participants themselves rated the 
conference a huge success.  The conference gave participants 
an opportunity to learn firsthand how the U.S. Department of 
Justice prosecutes TIP cases and to look at how they can 
adapt particular strategies and procedures for use in Turkey. 
 They also came away with a strong sense of the importance 
the USG and the international community place on TIP crimes. 
According to Ilyas Pehlivan of the MOJ, participants 
expressed interest in further training on trafficking in 
persons, particularly focusing on Turkish law, as well as the 
effect oF international protocols. 
 
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ISTANBUL UNITES NGOS ON TIP ISSUE 
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8. (SBU) On February 11 in Istanbul, Carlin led a workshop 
for representatives of 14 NGOs that promote women's rights. 
The workshop, organized by the Istanbul public affairs 
section, was part of continuing efforts to increase public 
outreach on anti-trafficking issues and to urge more NGOs to 
become involved in anti-trafficking work.  Currently, the 
Human Resource Development Foundation (HRDF), which runs the 
sole shelter for trafficked victims in Turkey, is the only 
NGO in Istanbul that includes anti-TIP related activities as 
part of its mission.  The workshop was particularly unusual 
in that it brought women's rights advocates from Turkey's 
"secular" organizations and their more 
religiously-conservative, Islamic-oriented counterparts 
together for the first time.  While it was obvious that the 
two groups viewed each other with some suspicion at the 
beginning of the session, Carlin was able to generate a 
fruitful and lively discussion about the issue at hand.  The 
participants represented a wide spectrum of women's 
rights-related interests, including legal, social and 
medical.  Several of the women were lawyers-- one participant 
in particular, Canan Arin, founder of the Istanbul Bar 
Association Women Center, is well-known throughout Turkey as 
a leading women's rights advocate.  Another woman's work 
focused on improving the portrayal of women in the media. 
 
9. (SBU) Since most of the participants' activities centered 
around problems faced by Turkish-- not foreign-- women, 
Public Affairs Section Istanbul decided to focus the 
discussion on internally-trafficked victims.  These women, as 
well as children, come to Istanbul from very underdeveloped 
and mostly rural parts of Turkey to look for work.  Most come 
voluntarily but then find that their lack of education makes 
it impossible to find employment.  They eventually fall into 
prostitution, and in many cases end up being held against 
their will.  In other cases, impoverished families "sell" 
their daughters to the traffickers.  The perceived shame that 
these women would bring to their families makes their return 
home impossible, but shelters for such internally-trafficked 
women do not exist in Turkey.  The workshop participants 
agreed that more should be done for such victims, but that 
funding was an issue.  Since the women could not be sent 
home, they would have to receive extensive long-term 
psychological, financial, educational and possibly medical 
support.  Also discussed was the lack of sufficient legal 
repercussions for the clients of trafficked victims in 
Turkey.  In response to Carlin's raising of the issue, the 
lawyers present agreed that Turkey's anti-trafficking 
legislation does not call for the punishment of clients of 
trafficked victims, and that this should be remedied.  All 
participants agreed that public awareness of trafficked women 
and children should be increased, and discussed the role of 
the media in this regard. 
10. (SBU) Following the workshop several participants 
expressed their thanks for the workshop, noting that they now 
realized that NGOs across the board needed to work together 
on TIP and women's issues in general.  The Consulate plans to 
follow up with the NGOs by organizing a DVC with a U.S.-based 
NGO on public outreach. 
EDELMAN