İnsan Ticareti

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; provides people for the aim of abducting, transporting from one place to another, transferring, hosting or delivering with the ways like working by force, serving by force, prostituting, subjecting to captivity and removing of body organs.

A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims with a view to allow them to break from the impact of their [negative] experience and reflect on whether to cooperate with the competent authorities.
The residence permit granted to allow for recovery and reflection may be renewed for six months periods for reasons of safety, health or special circumstances of the victim. However, the total duration shall not exceed three years under any circumstances whatsoever.

The support program may be terminated based on the evaluation report by the Presidency Expert, in case the victim; unwilling to benefit from the support program, except the disability of will have re-connected with the perpetrators of the crime through their own volition, leave the shelter without notice, disobey to the measures taken in the support program, do not cooperate with the authorities, determined that the person is not a victim, determined that untrue information is declared.

Foreigners who have a residence permit for victims of human trafficking, if the conditions arise to get a student residence permit, they can take advantage of the rights provided by the permit without moving to student residence permit.

Initially given for a period of thirty days, the total duration shall not exceed three years, may be renewed for a maxiumum of six months each time.

Conditions attached to other types of residence; like valid passport, visa, livelihood, address registration, health insurance, removal decision or entry ban permits shall not be sought in granting residence permit for victims of human trafficking.

Article 28 of the Regulation on Sttrugling 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.

Possible or identified victims are placed in shelters belonging to the Presidency, if not possible in public institutions and organizations, local administrations, shelters belonging to non-governmental organizations or one of the similar service organizations. The place of shelters are kept confidential.

With the Voluntary and Safe Repatriation Program, the foreign victim can be returned to his / her country or to a safe third country upon request.

Recruitment, transportation, transfer, harbouring or receipt of person, by the means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of abuse of power or of a position of vulnerability or of the giving or receiving of paymnets or benefits to achieve the consent of a person having control over other person, for the purpose of exploitation.

You may report your doubts about human trafficking to the Law Enforcement Units of the Republic of Turkey or by calling the Presidency of Migration Management, YİMER 157. YİMER 157 is available 24/7 in Turkish, Arabic, English, Russian, Persian and German.

Both international and national legislation have substantial regulations on human trafficking. In addition to the United Nations Convention Against Transnational Organized Crime, also known as the Palermo Protocol in the context of international legislation, Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children and the Council of Europe Convention on Action against Trafficking are substantial regulations and Turkey is a party to both agreements.
In terms of national legislation, the Turkish Penal Code, which defines the criminal offenses and defines criminal penalties, and the Law on Foreigners and International Protection, which sets the standards of victim support services, and the Regulation on Struggling Human Trafficking and the Protection of Victims are comprehensive regulations.

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 work place 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.

For emergency and denouncement calls for victims of human trafficking, you may contact with the Foreigners Communication Center (YİMER 157), the Police Emergency Line 155, the Gendarmerie Hotline 156, the Coast Guard Notification and Request Line 158.