Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Türkiye (Ratification: 1998)

Autre commentaire sur C029

Observation

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Turkish Confederation of Employers’ Associations (TİSK) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the TISK’s 2014 observations, according to which Turkey was as destination and transit country for trafficked women, men and children. It noted that section 80 of the Penal Code prohibited trafficking in persons both for the purposes of sexual and labour exploitation. It noted that, in 2015, out of 514 suspects involved in adjudicated cases under section 80 of the Penal Code, 330 were acquitted and that in the first quarter of 2016, out of 148 suspects involved in adjudicated cases, 118 were acquitted. The Committee noted with concern the low number of convictions relating to trafficking in persons, despite the significant number of cases brought to justice. The Committee urged the Government to strengthen its efforts to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties of imprisonment are imposed.

The Government indicates in its report that Turkey is a transit and destination country for the crime of trafficking in persons, especially for the exploitation of women and children. The Government states that the General Command of the Gendarmerie has taken steps to combat trafficking in persons, including: (i) the issuance of detailed application orders for 81 Provincial Commands of the Gendarmerie explaining the changes in the fight against trafficking in persons; (ii) the continuation of the activities of the anti-trafficking groups established by the Command of the Gendarmerie in 33 provinces; (iii) the inclusion, in the curriculum of the Gendarmerie Coast Guard Academy, of training on combating trafficking in persons; and (iv) the launch of an eight-month project on increasing efficiency of anti-trafficking activities of the General Command of the Gendarmerie on 30 October 2018, which included training of staff on combating trafficking in persons. The Government adds in its supplementary information that training on combating trafficking in persons was also provided to 210 staff members of the General Directorate of Security between May 2019 and July 2020.

The Government further indicates that, under section 80 of the Penal Code, 26 cases of trafficking for prostitution were identified in 2017, 61 persons were arrested and 13 were imprisoned; in 2018, 16 cases of trafficking for prostitution were identified, 128 persons were arrested and 35 were imprisoned; and from January to May 2019, seven cases of trafficking for prostitution were identified, 60 persons were arrested and three were imprisoned. The Committee notes the Government’s information but observes that it has not provided any information regarding the penalties applied in these cases. The Committee further notes that the Group of Experts on Action against Trafficking in Human Beings of the Council of Europe (GRETA) noted, in its report adopted on 10 July 2019 concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings in Turkey, the Government’s information that in 2016, 72 cases of trafficking in persons were initiated, 42 persons were convicted, and 266 persons were acquitted; in 2017, 42 cases were initiated, 45 persons were convicted, and 96 persons were acquitted; and in 2018, 82 cases were initiated, 77 persons were convicted, and 305 persons were acquitted (paragraph 222). The Committee also notes the Government’s supplementary information according to which, between October 2019 and March 2020, 19 persons were convicted for trafficking in persons and 102 persons were acquitted. Of the 19 persons convicted, the Committee notes that one person was sentenced to a fine and 18 persons were sentenced to imprisonment and a fine.

The Committee also notes GRETA’s indication that, following the removal from office of some 4,500 judges and prosecutors after July 2016, newly appointed staff had not received sufficient training to efficiently investigate and adjudicate complex criminal cases, including trafficking in persons (paragraph 219). GRETA also indicated that there were practical difficulties in adjudicating trafficking in persons cases and distinguishing between trafficking in persons and certain other offences, such as prostitution (section 227 of the Penal Code) and violation of freedom of work and labour (section 117 of the Penal Code). Representatives of the judiciary indicated that cases initiated as trafficking in persons were sometimes requalified at the stage of court proceedings as other offences, usually prostitution, which are punishable by lesser penalties (paragraph 224). While acknowledging the measures taken by the Government to combat trafficking in persons, the Committee urges it to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against all persons engaged in trafficking in persons both for the purposes of sexual and labour exploitation, and that sufficiently effective and dissuasive penalties are applied in practice. In this regard, it requests the Government to continue to provide information on the practical application of section 80 of the Penal Code, including the number of prosecutions, convictions and the specific penalties imposed, as well as the facts that led to sentences of fines only. Lastly, the Committee requests the Government to pursue its efforts to provide training to law enforcement officers, including judges and prosecutors, to ensure that perpetrators of trafficking in persons are appropriately prosecuted and sanctioned under the offence of trafficking in persons, and to provide information in this regard.

2. Protection and assistance for victims. The Committee previously noted the enactment of the Law on Foreigners and International Protection (No. 6458) 2013, which systematized victim identification procedures. It also noted the adoption of the Regulation on Combating Human Trafficking and Protection of Victims in 2016, setting forth the procedures and principles for the prevention of trafficking in persons and the protection of victims, including the granting of residence permits for foreign victims. The Committee further took note of the Voluntary and Safe Return Programme for victims wishing to leave Turkey, as well as the Victim Support Programmes, which include the provision of shelter homes or safe houses, health services, psychosocial help and legal assistance. The Committee requested the Government to provide information on the practical application of the new above-mentioned Law and Regulation with regard to the identification of victims and the provision of protection and assistance provided to them.

The Government indicates that, between July 2019 and March 2020, the most prevalent countries of origin of victims of trafficking in persons were Uzbekistan, Turkey and Moldova. The Government states that in 2017, 303 persons were identified as victims of trafficking by the Provincial Directorates of Migration Management, and 134 persons in 2018. It adds that in 2019, 215 persons were identified as victims of trafficking, and 79 in the first half of 2020, mainly women. The victims who stayed in Turkey benefited from the Victim Support Programmes (24 out of the 134 victims in 2018, 35 in 2019 and 42 in the first half of 2020), while some victims who preferred to leave the country benefited from the Voluntary and Safe Return Programme (101 victims in 2018, 153 in 2019 and 22 in the first half of 2020). The capacity of shelters for victims of trafficking has increased to 42 places. The opening of a third shelter is under consideration. Each victim admitted to a shelter has an individualized support programme, which has included, in recent years, services such as monthly financial aid, health services, psychological support, vocational training, and access to the labour market, legal assistance and leisure activities.

The Government further indicates that it has established a Department of legal support and victim rights within the General Directorate of Criminal Affairs (Ministry of Justice), which aims to inform all victims of crime, including victims of trafficking, of their rights and the assistance and support services available to them, as well as to support victims in the judicial process and to facilitate their access to justice. In addition, Forensic Support and Victim Services Directorates have been established in several courthouses to provide victims, including victims of trafficking in persons, with legal aid and support services, such as measures to prevent re-trafficking for victims of trafficking, accompanying victims of trafficking during court hearings, and referring victims to relevant institutions for psychological support, if necessary. The Committee also notes the Government’s indication that a guidebook on approaching victims, with a specific headline on victims of trafficking and foreign victims, has been prepared for professionals who provide services to victims of crime, especially law enforcement, health professionals and judicial workers.

The Committee notes the statement in the communication of the TISK that in cooperation with the International Organization for Migration, the urgent helpline 157 was established for potential victims of trafficking in persons, with operators providing services in Russian, Romanian, English and Turkish. The TISK further states that the Coordination Commission on combating human trafficking was established under the Regulation on combating human trafficking and protection of victims, and held its first meeting in 2017 to develop measures on inter-institutional cooperation, awareness activities, and training materials for personnel. The Committee further notes in this regard the Government’s supplementary information that the Coordination Commission on combating human trafficking aims at conducting studies, formulating policies and strategies, developing an action plan and ensuring cooperation to prevent and combat trafficking in persons. The Commission met in 2017, 2018 and 2019, resulting, inter alia, in: (i) the designation of provincial human trafficking liaison officers in 36 provinces; (ii) awareness-raising activities for the general public; and (iii) the training of more than 1,000 professionals from public institutions and non-governmental organizations on combating trafficking in persons in 2019.

The Committee takes notes of GRETA’s indication, in its 2019 report, according to which trafficking in persons for the purpose of sexual exploitation prevails (paragraph 13). GRETA also indicated that the Directorate General of Migration Management, which has been coordinating national action against trafficking in persons since 2013, has a Department of protection of victims of human trafficking (paragraph 26). The Committee notes that GRETA pointed out the limited capacity of specialized shelters for victims of trafficking, as well as the fact that only a few victims remained in Turkey and took part in victim assistance programmes. GRETA was also concerned at the lack of specialized assistance for Turkish victims of trafficking and male victims of trafficking (paragraph 169). While welcoming the efforts of the Government, the Committee requests it to continue to take measures in order to improve the identification of and assistance for victims of trafficking in persons, and to provide information in this regard. It requests the Government to continue to provide information on the measures that have been developed by the Coordination Commission on Combating Human Trafficking to prevent and combat trafficking in persons, as well as to indicate the activities of the Department of Protection of Victims of Human Trafficking of the Directorate General of Migration Management. Lastly, the Committee requests the Government to indicate the number of victims of trafficking in persons identified and provided with protection and assistance, through the various programmes, directorates and departments mentioned above that support victims of trafficking in persons.

Article 2(2)(a). Compulsory military service. The Committee previously requested the Government to repeal section 10 of Act No. 1111 on military service, according to which conscripts in the surplus reserve might be assigned to work for public bodies and institutions.

The Committee notes the observations of the TISK according to which Act No. 7179 on military recruitment is a positive development with regard to bringing the national legislation in line with the Convention.

The Committee notes with satisfaction the entry into force of the Act No. 7179 on military recruitment on 26 June 2019, which replaces Act No. 1111 on military service and does not contain any provision regarding the fulfilment of military service obligations in public institutions and organizations.

The Committee is raising other matters in a request addressed directly to the Government.