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Viewing cable 05ANKARA592, TURKEY: FIFTH ANNUAL TIP REPORT: PROSECUTION
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| Reference ID | Created | Released | Classification | Origin |
|---|---|---|---|---|
| 05ANKARA592 | 2005-02-02 11:57 | 2011-08-24 01:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ankara |
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 14 ANKARA 000592
SIPDIS
SENSITIVE
DEPARTMENT FOR G/TIP, G, INL, INL/CTR, DRL, PRM, IWI
DEPARTMENT FOR EUR/SE, EUR/PGI
DEPARTMENT FOR USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB TU TIP IN TURKEY
SUBJECT: TURKEY: FIFTH ANNUAL TIP REPORT: PROSECUTION
REF: SECSTATE 273089
¶1. (U) Sensitive but unclassified. Please protect accordingly.
¶2. (U) Post's responses are keyed to questions in Reftel A.
This is part 2 of 4 (septel).
Investigation and Prosecution of Traffickers
--------------------------------------------
¶A. (U) Chapter 1, Article 80 of the Turkish Penal Code, as
amended by Parliament on September 26, 2004, and signed into
law on October 11, 2004, specifically defines human
trafficking and prescribes penalties for traffickers and
their accomplices. Penalties range from eight to twelve years
of imprisonment (up from five to ten years in earlier
versions of the law) and, at judicial discretion, an
additional penalty of up to ten thousand days. Trafficking
crimes can also be (and have also been) prosecuted under
statutes of the Law on Combating Benefit-Oriented Criminal
Organizations, Turkish Citizenship Law, Labor Law, Law on
Working Permits for Foreigners, and the Law on the Prevention
of Money Laundering.
Chapter 1, Article 80: Human Trafficking (as amended
September 26, 2004):
(1) A person who procures or kidnaps persons or who takes or
transports persons from one place to another or who harbours
persons with a view to force them to work or to provide a
service or to subject them to slavery or similar practices or
to donate their organs by exerting threats, pressure, force
or violence, by abusing his authority, by deceit or by
obtaining their consent through taking advantage of the
opportunities they have to control them or of their
helplessness shall be sentenced to imprisonment for a term of
eight to twelve years and to an judicial fine up to ten
thousand days.
(2) In the event of actions which are undertaken for the
purposes referred to in the first paragraph and which
constitute an offence, the consent of the injured party shall
be deemed void.
(3) Where juveniles under eighteen years of age are procured,
kidnapped, taken or transported from one place to another or
harbored for the purposes referred to in the first paragraph,
the perpetrator shall be sentenced to the penalties referred
to in the first paragraph, notwithstanding that none of the
acts instrumental to the offence has been resorted to.
(4) Security measures shall be taken for legal entities on
account of the above-mentioned crimes.
On April 1, 2005, Article 80 replaces the following
anti-trafficking statues in effect since August 3, 2002:
Turkish Penal Code Article 201(b):
(1) Those who provide, kidnap, take or transfer from one
place to another and house other individuals with the
intention of making them work or serve by force, subject them
to slavery or similar treatment, threaten, pressure, use
force or coercion to persuade them to give up their bodily
organs, use undue influence, secure their consent by
deception or by using the desperation of such individuals
shall be sentenced to five to ten years of heavy imprisonment
and a heavy fine of not less than one billion liras.
(2) If the actions that constitute a crime attempted with the
intentions laid out in the first paragraph exist, the victim
is assumed not to have given his/her consent.
(3) If the children below the age of eighteen are provided,
kidnapped, taken or transferred from one place to another or
housed with the intentions specified in paragraph one, even
when no intermediary actions relation to the crime are
committed, the penalties foreseen in paragraph one shall
still be applied to the perpetrator.
(4) If the crimes listed in the paragraphs above are
committed in an organized manner, the penalties foreseen for
the perpetrators shall be doubled."
¶B. (U) The revised Penal Code provides penalties for
traffickers of eight to twelve years of imprisonment and, at
judicial discretion, an additional ten thousand days
imprisonment. The penalties apply to both traffickers of
people for sexual exploitation and traffickers of people for
labor exploitation.
¶C. (U) Chapter 1, Section 6 of the revised Penal Code
provides varying degrees of penalties for sexual assault,
rape, and sexual abuse of adults and minors, as noted below.
Penalties may range from two years to life imprisonment,
depending upon the circumstances. The new Code excludes
several controversial articles from the previous law. For
example, under the 2004 revisions, rape is considered a crime
against the individual, rather than a crime against society.
Under the previous Code rapists could escape punishment by
marrying their victims, and punishments for rape varied
depending on the marital status of the victim and whether the
victim was a virgin.
Section 6: Offences against Sexual Integrity
Article 102: Sexual Assault
(1) The perpetrator who violates the physical integrity
of another person by means of sexual conduct shall be
imprisoned for a term of two to seven years upon the
complaint of the victim.
(2) Where the act is committed by means of inserting an
organ or a similar object to the body, the perpetrator shall
be imprisoned for a term of seven to twelve years. If the
act is committed against the spouse, legal investigation and
prosecution shall be initiated if the victim lodges a
complaint.
(3) If the offence is committed,
a) Against a person who is physically or mentally
incapable of defending him/herself,
b) By breaching of duties and/or abusing the functions
pertaining to the official status,
c) Against a person of first, second, or third degree
blood relation or a relative by marriage,
d) By using weapons and with the cooperation of more
than one people,
penalties imposed in accordance with articles above
shall be increased by half.
(4) In case an extra power and violence further than
necessary to suppress resistance is exerted on the victim
during the commitment of the offence the perpetrator shall as
well be punished for deliberate wounding.
(5) In case the offence results with the distortion of
the physical or mental health of the victim, the perpetrator
shall be imprisoned for a term of not less than ten years.
(6) If as a result of the crime the victim enters in to
a vegetative state or dies the sentence will be strict life
time imprisonment.
Article 103: Sexual abuse of children
(1) the perpetrator of child abuse shall be imprisoned
for a term of three to eight years. Sexual abuse means:
a) any act of a sexual nature against a minor who has
not completed fifteen years of age or though completed
fifteen years who lack the competence to perceive the legal
meaning and consequences of such acts.
b) sexual acts against other minors depending on use of
force, threat, deception or any by any other reason affecting
the will of the child,
(2) Where the sexual assault occurs as a a result of
insertion of an organ or a similar object into the body, a
penalty of imprisonment from eight to fifteen years shall be
imposed.
(3) Where the sexual assault is committed by the
ascendant, second or third degree blood relative, step
father, the person who has adopted the person concerned,
guardian, tutor, teacher, caretaker, other persons in charge
of providing health services or who bear the obligation for
protection or supervision, or through abuse of the service
relation, the penalty to be imposed in accordance with the
above paragraphs shall be increased by half.
(4) Where the sexual assault is committed against the
minors indicated in para 1 (a) as a result of force or
threat, the penalty to be imposed in accordance with the
above paragraphs shall be increased by half.
(5) Where the force and compulsion used with the aim of
sexual assault lead to aggravated consequences of the offence
of deliberate wounding, provisions of the offence of
deliberate wounding shall apply additionally.
(6) In case the offence results with the distortion of
the physical or mental health of the victim, the perpetrator
shall be imprisoned to strict life imprisonment.
(7) Where the offence leads the victim to enter a
vegetative state or die, the perpetrator shall be sentenced
to strict life imprisonment.
¶D. (U) According to figures provided by the MOJ's Judicial
Records Statistics Bureau, Turkey's Heavy Penal Courts opened
cases against 140 suspected human traffickers in the first
three terms of 2004 (statistics for the October-December term
were not yet available). During this period, courts reached
verdicts on twenty-eight cases, sentencing seven suspects to
imprisonment and fines and acquitting forty-six defendants.
The remaining cases are ongoing. The GOT also reported that
two Romanian traffickers were imprisoned for their parts in
the cross-border trafficking scheme (para N, this section).
- On February 11, 2004, a criminal court in Yalova, Turkey,
convicted four of five defendants. The convictions carried
fifty-month sentences and fines of 1,325,000,000 Turkish Lira.
- On May 12, 2004, a criminal court in Fethiye, Turkey,
convicted three defendants. The convictions carried
fifty-eight month sentences and fines of 972,221,000 Turkish
Lira.
¶E. (SBU) Foreign victims trafficked to Turkey are typically
recruited by small networks of operators who rely on
referrals and recruitment from friends and family members in
the source country. Groups may be as small as four or five
people. Trafficking networks operating as tourist agencies
or firms in source countries bring women to Turkey with
official work permits. Most reports indicate that profits
are channeled into expanding the networks' capacity and
affluence, by adding computers, automobiles, and amenities
for traffickers. Networks tend to deposit proceeds in source
country bank accounts through Turkish banking system
transfers. In the highly publicized Anca case (para N, this
section), a follow-up police investigation using evidence
confiscated in a raid in Istanbul led to arrests of the
trafficking network's financial managers in Romania.
Jandarma and other officials at the MOI repeatedly insist
trafficking in humans, arms, and narcotics is closely
connected.
¶F. (U) Official sources tell us Turkey actively investigates
cases of trafficking using special investigation techniques,
including undercover operations, electronic surveillance, and
mitigated punishment in TIP cases. Victims resident at the
Istanbul shelter have also utilized the GOT's humanitarian
visa program to lead police to traffickers.
In December 2004, Turkey revised its Code on Criminal
Procedures to codify TIP-specific surveillance, undercover
operations, and mitigated punishment for suspects in
trafficking crimes. The new code now regulates rules on how
to conduct criminal procedures in TIP investigations as well
as the rights, powers, and obligations of individuals
involved in the process.
From the Revised Code on Criminal Procedure:
Detection, monitoring and recording of communication
--------------------------------------------- -------
Article 135.
(1) If during a crime investigation, there is strong
suspicion that a crime has been committed and there are no
other means of collecting evidence, with the decision of the
judge or where a delay is detrimental with the decision of
the public prosecutor, the communications of the suspect or
the accused may be detected, monitored or recorded by means
of telecommunications. In such case, the public prosecutor
shall immediately submit his decision to the judge for
approval and the judge shall decide on this matter within
twenty-four hours, at the latest. Upon expiry of this period
or if the judge denies approval, such measure shall be lifted
by the public prosecutor immediately.
(2) The suspect's communication with persons who are entitled
to refrain from acting as a witness shall not be recorded. If
such a situation is understood after the recording, the
recorded material shall be destroyed immediately.
(3) In the decision to be taken in accordance with paragraph
one, the type of the crime attributed, the identity of the
person for whom such a measure is to be implemented, the type
of communication means, telephone number or the code that
allows for the detection of the communication line, the type
of measure, its scope and duration shall be stated. Such a
measure can be ruled for three months, at the most; however
this period can be extended once.
(4) In order to apprehend the suspect or the accused, the
place of the mobile phone used by the suspect or the accused
can be detected by a judge's decision and where a delay may
be detrimental by the public prosecutor's decision. In the
decision taken for this purpose, the number of the mobile
phone and the duration of the detection process shall be
indicated. Detention can be performed for a period of three
months, at the most; however this period can be extended
once.
(5) The decision taken and the actions taken according to the
provisions of this article shall be kept confidential during
the period in which such measure is implemented.
(6) The provisions of this article shall only apply in the
case of the below listed offences:
a) In the Turkish Penal Code;
(1) Migrants smuggling and trafficking in human beings
(Articles 79, 80),
(7) Apart from the principles and procedures laid down in
this Article, no one can monitor or record the communication
of another person through telecommunications.
Monitoring with technical devices
---------------------------------
Article 140.
(1) If there is strong suspicion that the below listed
crimes have been committed and there are no other means of
collecting evidence, the activities and the workplace of the
suspect or the accused may be monitored in public places, or
it may be subject to audio-visual recording by means of
technical devices:
a) In the Turkish Penal Code;
(1) Migrants smuggling and trafficking in human
beings (Articles 79, 80),
(2) A decision for monitoring by means of
technical devices may be taken by the judge or where a delay
is detrimental by the public prosecutor. The decisions taken
by the public prosecutor shall be submitted to the judge for
approval within twenty-four hours.
(3) A decision for monitoring by means of
technical devices can be taken for a maximum of four weeks;
however this period can be extended for once.
(4) The evidence obtained cannot be used for
purposes unrelated to the investigation or the prosecution of
the crime in question; if in terms of prosecution it is no
longer needed, then such evidence shall immediately be
destroyed under the supervision of the public prosecutor.
(5) The provisions of this article cannot be
implemented in the dwelling of the person.
Mediation
---------
Article 253
(1) In cases where statute permits the procedure of
mediation, and in accordance with the case investigated, the
public prosecutor shall summon the offender according to the
procedures provided for in this Code and shall ask him
whether he accepts responsibility with regard to the offence
concerned.
(2) If the offender confesses to the offence and agrees
to pay for all or most of the material and non-material
damage caused by his offence and act or to compensate/make
good the damage, the victim of the offence or his lawyer or
legal representative, if any, shall be notified of the fact.
(3) If the victim of the offence states that he will
accept a friendly settlement of his own free will if
reparation is made for all or most of the damage caused, the
investigation shall be discontinued.
(4) If the offender and the victim cannot agree upon a
lawyer, the public prosecutor may ask the Bar Association to
appoint one or more lawyers as mediators in order to lead the
mediation procedure between the offender and the victim, to
bring the parties together and reach a solution.
(5) The mediator shall finalize the mediation procedure
in thirty days at the latest as of the day the application is
made. The public prosecutor may extend this period with
thirty more days for only once. During the course of the
mediation process, the statute of limitation shall be
suspended.
(6) Mediation negotiations shall be held in secret. The
information, documents and declarations made during this
process cannot be revealed later on unless permitted by the
parties. If the process fails, and a court case is launched
later, the confessions by the offender about an incident or
an offence expressed during the mediation process cannot be
used as evidence against him.
(7) The mediator shall submit a report to the public
prosecutor within ten days, setting out the steps he has
taken and the interventions he has effected in order to
achieve a settlement.
(8) The decision not to prosecute shall be given when
reparation is made for the damage according to the mediation
agreement and the costs of the mediation process have been
paid by the offender.
¶G. (SBU) In 2004, 407 police, 123 Jandarma personnel, and 164
judges received training from a combination of GOT, IOM,
HRDF, and United Nations High Commission of Refugees training
partnerships. The MOI Security Directorate General continued
to fulfill conditions of the September 2003 protocol signed
with HRDF, the GOT participated in workshops for law
enforcement and judicial officials in Istanbul (February
25-27), in Ankara (March 29-April 1), in Izmir (June 16-18),
and in Bursa (October 11-13). A portion of the 600,000 USD
ESF grant for 2005 will fund similar training scheduled
throughout the next reporting period.
Three-day HRDF/IOM/GOT workshops generally include the
following sixty-minute sessions for Turkish law enforcement
officers, judges, and prosecutors:
- The International Legal Definitions of TIP Crimes
- TIP Process: Actors, Mechanisms, and Consequences
- TIP Process: The Violation of Human Rights
- General Command of the Jandarma Presentation
- IOM Activities in the Field of Counter Trafficking
- Case Studies I
- Identification of Trafficked Victims I
- Treatment of Trafficked Victims, Best Practices
- National Legislation of Turkey
- Turkey's Situation in Migrant Smuggling
- Treatment of Trafficked Victims, Best Practices
- Case Studies II
- Treatment of Victims as Witnesses
- Investigation Methods and Techniques I
- Investigation Methods and Techniques II
- Intelligence on Trafficking
- Case Studies III
- Seminar Evaluation
- Movie: Lilya Forever
The MOI initiated an on-the-job training program and seminars
for 332 Foreigners Department personnel in provincial
security directorates.
According to Aydogan Asar, TNP Foreigners and Human Movements
Department Head, classes include the following curriculum
- The definition of TIP and how it differs from other
crimes
- The Victim: How to spot
- The Victim: How to treat
- How to differentiate
- National legislation
- International commitments
- Importance of cooperation with NGOs
- Case studies
- Techniques for interviews
According to Turkish Jandarma Colonel Ferhat Konya, the
Jandarma has developed and implemented a mobile training unit
model that involves TDY assignments for personnel with
special TIP training from Jandarma Headquarters to
TIP-targeted districts. TDY officers pass on their training
(detailed above) to officers stationed locally. Konya also
noted that Jandarma officers receive additional four-day
training that includes topics on:
- How to treat victims as witnesses
- How to cooperate with NGOs and other agencies
- Investigation techniques from experts from Europol,
Scotland Yard
- Victims' sensitivities UNHCR/IOM
- Human trafficking victims among refugees
In April 2005, IOM will train this years' graduating class of
Jandarma academy students (1500 students).
¶H. (SBU) See para I, Overview Section. Partner governments
and source country NGOs reported that the implementation of
general bilateral law enforcement agreements remains
inconsistent, though media reports documented several
successful anti-trafficking police operations with some
source countries. Despite the general bilateral law
enforcement agreements, the GOT maintains and Post agrees
that source countries should adopt the specific anti-TIP
protocol proposed by the GOT (see para I, Overview Section).
In addition to Ukraine, Turkey submitted on multiple
occasions versions of the following draft protocol to
Azerbaijan, Belarus, Bulgaria, Georgia, Moldova, Romania,
Russia, and Uzbekistan. Only Belarus adopted the protocol.
BEGIN TEXT OF DRAFT PROTOCOL:
DRAFT
Protocol Between the Governments of the Republic of Turkey
and Ukraine on the Implementation of the First Article of The
Cooperation Agreement Against Crime
Pursuant to Article 1 of the "Cooperation Agreement Against
Crime between the Governments of the Republic of Turkey and
Ukraine", the Government of the Republic of Turkey and the
Government of Ukraine hereinafter referred as "Parties";
Deeply concerned by the fact that trafficking in human
beings, which constitutes one of the transnational organized
crimes and is spread out every other day in the world and in
our region, provides huge profits to organized crime networks
and is also related to narcotics and arms trafficking, as
well as smuggling of migrants;
Realizing that trafficking in human beings can be coped with,
through timely and effective international cooperation;
Emphasizing the importance of providing judicial,
humanitarian, psychological and medical assistance to victims
of trafficking in human beings, facilitating their return to
their countries and assuring their reintegration and taking
the necessary measures in arresting the perpetrators and
creating public awareness;
Recognizing the importance of the efforts in stopping the
trafficking in human beings by bringing to light the crime
networks;
Stressing the need to strengthen the cooperation and
coordination between the Republic of Turkey and Ukraine in
combating trafficking in human beings;
Have agreed to promote measures in accordance with their
respective national legislation and procedures, with a view
to:
¶1. Completing the necessary national legal infrastructure in
the field of trafficking in human beings and taking the other
necessary administrative and institutional measures;
¶2. Establishing a regional network between the
Non-Governmental Organizations (NGO) in the countries which
face this problem;
¶3. Supporting the victims of trafficking in human beings,
following the establishment of the conditions by the Parties
in the framework of humanitarian, psychological and medical
care;
¶4. Ensuring the victims to testify in the framework of the
national legal systems of the Parties, in order to arrest the
perpetrators and protect these victims;
¶5. Creating public awareness and awareness in the relevant
institutions on trafficking in human beings;
¶6. Creating awareness in their respective countries among the
persons traveling abroad who might be subject to trafficking
in human beings;
¶7. Designating points of contact in their respective
countries where information on victims of trafficking in
human beings will be collected and which will coordinate the
issue of trafficking in human beings and sharing the
collected information with the other Party;
¶8. Training of law enforcement agents in combating
trafficking in human beings, organizing joint training
programmes, exchanging experts of each country and increasing
cooperation opportunities;
¶9. Providing cooperation between the scientific and academic
institutions, exchanging experts of each country in order to
share experience and knowledge;
¶10. Tasking the competent authorities in the two countries
with the implementation of this Protocol.
This Protocol shall enter into force upon notification in
writing by both Parties to each other that they have
completed their national procedures.
Each Party may propose amendments to the present Protocol,
Amendments shall enter into force upon their acceptance by
all parties in accordance with the provisions of the above
mentioned paragraph.
Each Party may give notice to withdrawal from the Protocol by
written notification to the other Party.
In witness whereof the undersigned, being duly authorized
thereto by their respective Governments, have signed this
Protocol.
Done at .........., this..........
Signed for the Government of the Republic of Turkey
Signed for the Government of Ukraine
¶I. (SBU) We have no information regarding the extradition of
persons charged with trafficking from other countries or
whether the government allows the extradition of its own
nationals, if any, charged with such offenses.
¶J. (SBU) We do not have evidence of official involvement in
or tolerance of trafficking at higher levels. Contacts state
there is some tolerance of foreign prostitution as long as it
is kept within certain limits.
¶K. (SBU) We do not have evidence of GOT involvement in
trafficking.
¶L. (SBU) We do not have evidence that Turkey is a source or
destination country for child sex tourism.
¶M. (U) Turkey adopted the following conventions:
- ILO Convention 182 (Ratified early 2001).
- ILO Convention 29 and 105 on Forced or Compulsory Labor
(ILO Convention 29 went into effect on January 27, 1998 and
ILO Convention 105 on December 21, 1960).
- Optional Protocol to the Convention on the Rights of the
Child on the Sale of Children, Child Prostitution, and Child
Pornography (Ratified May 9, 2002).
- The Protocol to Prevent, Suppress and Punish
Trafficking-in-Persons, especially Women and Children,
Supplementing the UN Convention Against Transnational
Organized Crime (Signed December 2000; Ratified January 31,
2003 and implemented February 4, 2003).
¶N. (SBU) G/TIP requested specific examples of TIP cases in
Turkey. Post provides the following GOT, NGO, and press
accounts collected after a TNP raid in Istanbul:
NEWS MEDIA: Versions of the following June 15, 2004 article
published in Hurriyet Newspaper (page 5) were also published
in editions of Aksam, Cumhuriyet, Milliyet, Vakit, Vatan, and
Zaman. The Turkish language articles appeared as half-page
or full-page spreads, including photos of alleged traffickers:
TITLE: Anca's Notebook Burns Celebrities
BEGIN UNOFFICIAL TRANSLATION OF TEXT: A Romanian-Turkish
joint police operation against a gang forcing women into
prostitution resulted in the detention of two people, Anton
Chelaru Gica and Relu Rotaru, important names in
international human trafficking. The two sent Romanian women
to Turkey with the promise of finding jobs but instead forced
them into prostitution.
The arrests came after Romanian police contacted Turkish
police with information about the operation. Istanbul police
raided Flash Hotel at Tarlabasi district of Istanbul on May
31 and rescued 5 Romanian women ages 17 to 20. In the
operation, Anca Carpusco, the Istanbul leg of the network was
also captured. Testimonies by the women also led police to
bus driver Fevzi Yesil and driver Cemal Izgi. Police believe
Martinas Andrea Romona and Anca Carpusco controlled the
financial portion of the network. Romona and Carpusco
reportedly transferred USD 200,000 from their bank account in
Istanbul to Anton Chelaru Gica and Relu Rotaru in Romania.
Acting upon the testimonies of the girls, including
17-year-old Daniele Ostaci, who is 7 months pregnant, and a
notebook kept by Anca Carpusco, 11 people were detained on
charges of "having intercourse with minors." Turkish Rock
Star 'Akin' was among the detainees. They were then released
after being interrogated by a prosecutor in Beyoglu, Istanbul.
Follow-up: Corpusco kept 9 notebooks filled with information
about the organization's customers. She kept very detailed
logbooks that included customers' license plate numbers, home
and cellular phone numbers, references, and particular sexual
preferences. The names of the customers who gave fake money
and used force were marked with red ink. Names of thousands
of people including famous soccer players, actors and famous
businessmen were in the books. Also there was information
about policemen. Plate numbers of police teams patrolling
the district were also noted.
Pop Star 'Akin', who was detained briefly, said, "They showed
me pictures of some women. I told them that I do not know
any of them. Maybe we happened to be at the same venues, but
I was not with any of them. In a notebook of one of the
women my name was written. Maybe it was because I am famous.
The most interesting thing was, when we were taken for a
health check-up, everyone covered their faces. As a reflex,
I also covered my face. There were lots of journalists.
After interrogation, I was released." END TEXT.
In a follow-on story published June 17, 2004, Turkey's
Hurriyet News carried victim Daniele Ostaci's statement.
HRDF Executive Director Demet Gural confirmed the statement
is accurate based on her personal interview.
BEGIN UNOFFICIAL TRANSLATION OF TEXT: "Last year in August my
father died. My mother was an alcoholic. In a short time
she started living with another man. I was in 9th grade
then. She kicked me out of the house, so I started staying
with a friend. We went to a disco, where I met a man named
Relu. He told me that he would find a job for me in Istanbul
as a baby sitter or house cleaner. He told me that I would
earn good money. I stayed at his home that night, and then
went to Piatra Neamt. He introduced me to Anton Chelaru
Gica, who we knew as Alex. He gave me $100 in advance and
placed $300 in my bank account but told me not to spend it.
On October 2, 2003 a man working for Gica took me to a Turk
named Fevzi Yesil. I came to Istanbul together with other
girls on a bus owned by Yesil. A taxi driver named Cemal
Izgi met us and took us to a hotel in Taksim. Anca Carpusco,
who runs the finances for the network, met us there.
Anca destroyed my passport, identity card and personal
documents. She told me that I would work for them. She took
all my money as well. Then they issued fake passports and
IDs for us. She made me memorize a telephone number. In the
event of any problems she told me to call this number. She
also said that they would kill me if I said anything to the
police if I was captured.
Cemal Izgi delivered us to the customers. Upon Anca's
instruction, we took notes about the customers, demands and
preferences. In 8 months, I had intercourse with about 200
people." END TEXT.
HRDF: On June 16, 2004, HRDF Executive Director Demet Gural
provided the following information about the case: "We
contacted and interviewed these women at the police guest
house in Istanbul last Friday (June 11) and Sunday (June 13)
with our psychotherapist. We were informed about them by the
Istanbul Foreigners Department on June 9. The victims were
given medical exams at Haseki hospital. The minor mentioned
in Hurriyet was diagnosed as 7 weeks pregnant. After our
initial interview, we decided to meet again in a private
setting to talk with them through an interpreter. The
stories are desperate as you can imagine. We prepared a
report about their situation and shared it with IOM. This
afternoon, through IOM support they are going back to Romania
as voluntary returnees."
IOM: On June 18, 2004, IOM Acting Chief of Mission Meltem
Ersoy confirmed the repatriations: "Dear Mr. McFarland, Six
victims of trafficking were assisted to return home
voluntarily by IOM Turkey. They were met and assisted by IOM
Bucharest upon arrival. They will be included in IOM
reintegration programs. Due to their ages and the type of
exploitation, they will also receive physical and
psychological assistance from IOM."
GOT: In a letter dated June 28, 2004, Mehmet Terzioglu, TNP
Department Head for Foreigners, Borders, and Asylum, provided
the following case specifics:
BEGIN UNOFFICIAL TRANSLATION OF TERZIOGLU LETTER:
DG Turkish National Police
Department for Foreigners, Borders, and Asylum
Ilkadim Caddesi
A.Ayranci
Department Head,Mehmet Terzioglu
Tel: 412 3219, Fax: 466-9011
illegalmig@egm.gov.tr
June 28, 2004
Dear Mr. McFarland:
The following is information you requested about the
operation conducted against traffickers in Istanbul in
cooperation with the Romanian police and about the Romanian
citizen victims rescued in the operation:
During preliminary meetings held in Bucharest May 14-18,
2004, through SECI, our delegation learned from our Romanian
counterparts information to the effect that Romanian origin
women were being forced into prostitution in an Istanbul
hotel named Flash. Within the framework of Operation Mirage
2004 conducted in cooperation with the Romanian police, we
found seven Romanian national women kept by force in the
above mentioned hotel. From the interviews, we understood
that they were victims of trafficking. They were put under
protection and psychological support was provided.
The victims said that they were deceived by Romanian
nationals known as Gigi and Relu with the promise that they
would find jobs in Turkey. Upon this information, we
contacted our Romanian police counterparts, who apprehended
traffickers named Anton Chelaru Gica and Gheorghe Relu
Rotari. Photographs of the suspects we requested were
emailed to us by our counterparts. The victims identified
the suspects from the photographs.
Financial documents we recovered from the hotel and people
connected to the traffickers revealed that the network
transferred 182,450 USD to people in Romania.
The judicial process was initiated against Turkish citizens
named Fevzi Yesil and Cemal Izgi as well as Romanian citizen
Anca Carpusca. For their connections to the network, they
were put in prison after being arrested.
Following the operation, we provided for the needs of the
Romanian victims in Istanbul. They were told they can stay
in our country and that each may be given a residence permit,
but as they declared that they would like to go back to their
country, contact was established with IOM Ankara for their
safe return. With arrangements made by this office, they
were sent to Romania via airlines on June 16, 2004.
The investigation concerning the people who are behind the
scenes and might be connected with the incident still
continues. END TEXT.
EDELMAN