There is no specific piece of legislation concerning trafficking in human beings and there is no definition of trafficking in human beings in the Penal Code or any other legal acts. Legal measures prioritize law enforcement, investigation into, and prosecution of organized crime. Human trafficking is addressed as a component of organized crime activities, while there is little attention to the victims who are exposed (if they are foreigners) to expedite deportation procedure, and no specific legal provision or measure addressing their human rights.

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The new law passed on 3 August 2002 does not depart fundamentally from this approach, although it reflects an increased awareness of the phenomenon of human trafficking, particularly women trafficking. While the emphasis is on smuggling, tougher penalties and more accurately defined grounds for prosecution are imposed on traffickers of human beings or human organs.

Most legal measures relate to sexual exploitation. While prostitution is legal - under certain conditions and not for foreigners - and not punishable in Turkey, incitement to prostitution and sexual exploitation are described as crimes and are punishable through the Penal Code and the Law on Combating Benefit-Oriented Criminal Organizations. Additionally, the Passport Law and the Law on the Prevention of Money Laundering of Turkey, as well as certain administrative decrees and regulations contain provisions that may apply to trafficking cases. Penalty for incitement to prostitution is specified under Articles 435-436 of Penal Code (Law no. 765 enacted in 1926)

If persons incited under age 15, penalty is not less than 2 years. If the inciter is a relative of the victim, the penalty is not less than 3 years

For persons incited between the age 15-21, penalty for the inciter is from 6 months to 2 years, if the inciter is a relative of the victim, the penalty is not less than 2.

For persons incited above age 21, penalty is between 6 months to 2 years.

As is stated in Article 436 of Penal Code, those who force women (under 21 years or 21 years old) into prostitution by using any means (power abuse, threat, beating and etc.) will be penalized with one to three year sentence in prison. If the inciter is a relative of the victim, penalty is between 2-5 years.

These penalties may be toughened by virtue of article 313 of the Penal Code, should the trafficker be involved in, or heading an organized crime network.

A new law passed on 3 August 2002 toughens penalties with respect to migrant smuggling and trafficking. This law has two facets: first, it incorporates in the penal code an article defining and criminalizing migrant smuggling and foreseeing penalties from two to five years imprisonment and fines of no less than 1 billion Turkish Liras; should a victim die as a result of the transportation conditions, smugglers might be sentenced to 10 years imprisonment; second, five to ten years imprisonment (ten to twenty years, if part of an organized crime network) shall be imposed on traffickers who confiscate passports from their victims with the purpose of trafficking them or selling human organs.

Law no. 5682 on passports and Law no. 5683 on residence and travelling for foreigners in Turkey, both enacted in 1950, contain particular articles addressing trafficking in women. According to the Passport Law, if the prostitute or the trafficker is a foreigner, they are immediately deported. Article 8 of the same Law states that "those who are engaged in prostitution, make a living by inciting women to prostitution, and those trafficking in women are prohibited to enter the country". Therefore, their testimony is not sought. Similarly, article 19 of Law no 5683 states that the Ministry of Interior, governors and sub-governors have the authorization of deporting foreigners (all who are involved in trafficking; prostitutes, traffickers) after 15 days following the notice issued for this purpose. If the same person is reported once again for the same offence, no further notices are made, therefore that person is deported immediately after captured by the police.

A new law passed on 3 August 2002 provides for terms of five to ten year imprisonment for those who confiscated passports from trafficked persons and ten to twenty years imprisonment if the crime is part of an organized crime pattern.

There is no specific unit established only for this purpose within the General Directorate on Security, but, there are some departments such as departments of general security, of children etc, are involved in the issues concerning trafficking in women and children.

Partly based on Council of Europe Compilation of National Texts with regard to Trafficking in Human Beings -EG(2000)2 rev. 2 (Volume II)

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