FAQ about Human Trafficking

You can make calls to the Foreigners Communication Center (YİMER 157) in case of an emergency or to report human trafficking victims.

Article 79 of the Turkish Penal Code regulates the crime of migrant smuggling. Accordingly, directly or indirectly in order to obtain financial benefits; A person who allows a foreigner to enter the country with his or her consent, or who allows a Turkish citizen or foreigner to go abroad through illegal channels may be considered within the scope of the crime of migrant smuggling. Penalty: Three to eight years imprisonment and a judicial fine up to ten thousand days) The crime of human trafficking is also adjudged in Article 80 of the A1:F171 Penal Code. Accordingly, by disabling one's will (pressure, threat, deception, exploitation of helplessness, cheating, etc.); 

• Forcing a person to prostitution, to work, removal of organs, 

• To make the person beg, serve, subject to captivity, 

• Providing an illegal adoption or child labor, to bring people into the country to take them out of the country, to supply them, to take them from one place to another, to host them, with one of these aims, is the purpose of human trafficking. When the differences between the two crimes are evaluated;

 I. The most important difference between the crime of human trafficking and the crime of migrant smuggling (human smuggling) is the “consent ”element. In the case of migrant smuggling, the person pays the smuggler a fee to be taken to another country with his or her consent, but there is either no consent for trafficking or a consent obtained by disabling one's will. 

II. Both crimes are transboundary. While the transboundary dimension of crime is essential for migrant smuggling, human trafficking does not necessarily have to be transboundary.

 III. Human trafficking is a crime against the rights and freedoms of people, while migrant smuggling is a crime against the state.

 IV. The economic relationship between the smuggler and the immigrant ends after the immigrant pays the smuggler, but the economic relationship in human trafficking is continuous. The merchant continues to earn income from the victim for a long time.

Human trafficker; offers people intending to kidnap, transport from one location to another, transfer, host, or deliver using methods such as forced labor, forced service, forced prostitution, incarceration, and organ harvesting.

The governorates shall grant foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they may be victims a residence permit valid for thirty days to give them time to recover from their [unfavorable] experience and consider whether to cooperate with the appropriate authorities.

For safety, health, or unique victim circumstances, the residence permit provided for healing and contemplation may be extended for additional six months. However, under no circumstances should the entire term exceed three years.

The support program may be terminated based on the evaluation report by the presidency expert if the victim is unwilling to benefit from it, with the exception of those who are disabled or will, leaves the shelter without warning, disobeys the measures taken in the support program, refuses to cooperate with the authorities, is determined not to be a victim, or is found to have provided false information.

Suppose the circumstances are right for them to obtain a student residence permit. In that case, foreign nationals with residence permits for victims of human trafficking are still able to benefit from the privileges granted by those permits.

It is initially granted for thirty days, with a three-year maximum term and a six-month maximum renewal period.

When granting a residence permit to a victim of human trafficking, no conditions associated with other types of residence—such as a valid passport, visa, source of income, address registration, health insurance, removal decision, or entry ban permits—shall be required.

Article 28 of the Regulation on Struggling Human Trafficking and the Protection of Victims ensures the support services to be provided to the victims. According to this; Victim support program is provided on the basis of information and consent, considering the safety, health and special situation of the victim during and after the period of thought, investigation and prosecution. Within the scope of this program;

• Voluntary and safe return to the home country or to a third country,

• Shelter in shelters or safe place,

• Ensuring access to health services,

• Psycho-social support,

• Access to social services and benefits,

• Providing counseling and information on access to legal aid and legal rights of victims,

• Guidance on access to education and training services,

• Support for vocational training and access to the labor market,

• Providing necessary guidance on financial support in accordance with the provisions of the Law On Social Assistance and Solidarity, dated 29/5/1986 and numbered 3294, in order to provide temporary financial support to meet the basic needs,

• Access to consultancy services provided by relevant non-governmental organizations and international and intergovernmental organizations,

• Providing interpreting services,

• Informing the embassy or consulate of the country of nationality with his consent,

• The opportunity to meet with the embassy or consular authorities of the country of nationality,

• Providing assistance with identification and supply of travel documents.

If it is not possible to place potential or identified victims in public institutions and organizations, local governments, non-governmental organizations' shelters, or other similar service groups. In that case, they are placed in the presidency's shelters. Shelter locations are kept a secret.

The foreign victim can, upon request, be returned to their country or a safe third country through the Voluntary and Safe Repatriation Program.

Obtaining a person's consent to be exploited by another person involves recruiting, transporting, transferring, harboring, or receiving the person through the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, taking advantage of a position of vulnerability, or by paying or receiving benefits.

You can contact the Law Enforcement Units of the Republic of Turkey or the Presidency of Migration Management at YİMER 157 to express your concerns about human trafficking. Available in Turkish, Arabic, English, Russian, Persian, and German around the clock is YİMER 157.

Human trafficking is heavily regulated by both national and international law. In addition to the United Nations Convention Against Transnational Organized Crime, also referred to as the Palermo Protocol in the context of international law, the Council of Europe Convention on Action against Trafficking and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, are important regulations to which Turkey is a party.

The Turkish Penal Code, which outlines criminal offenses and associated punishments; the Law on Foreigners and International Protection, which establishes minimum standards for victim support services; and the Regulation on Struggling Human Trafficking and the Protection of Victims, are all comprehensive pieces of national legislation.

You may contact with the Foreigners Communication Center (YİMER 157) for emergency and denouncement calls for victims of human trafficking.

1. The person has been hired by infringing his will (pressure, algebra, deception, violence, etc.),

2. Passport, air ticket, etc. expenses were covered by the merchants when they were taken to the destination country,

3. Coming from a source country/being a citizen of one of the source countries,

4. Living below poverty or living standards,

5. Limited or non-existent relationships or communication with families and near abroad

6. Does not speak Turkish or masters only words related to a certain occupational group,

7. The documents such as passports, identity cards, travels are forged and they are threatened that these documents they will be surrender to the authorities.

8. Passport, identity or travel documents are/are kept by others

9. Violence has been or has been threatened/intimidated by his or her family, near abroad and/or loved ones

10. Is insecure to the authorities

11. Threatened with surrender to authorities

12. Usually not alone, accompanied by third parties and their actions being controlled directly or indirectly

13. Is afraid to tell others about the situation

14. Not allowed to express himself or to be present by third parties

15. Be unable to speak freely,

16. Does not know the home or work address

17. Be subject to security measures designed at the workplace or live places (eg light-tight windows, wooden windows and doors, pin-wires, security cameras, etc.)

18. Borrowed in amounts that cannot be paid for various reasons,

19. Be subjected to insults, abuse, threats or violence

You may contact with the Foreigners Communication Center (YİMER 157) for emergency and denouncement calls for victims of human trafficking.
 

You may contact with the Foreigners Communication Center (YİMER 157) for emergency and denouncement calls for victims of human trafficking.

You can call the Foreigners Communication Center (YİMER 157), the Police Emergency Line 155, the Gendarmerie Hotline 156, or the Coast Guard Notification and Request Line 158 for calls regarding emergencies and denunciations for victims of human trafficking.