Human trade equal to murder in new law

Turkey has decided to amend the Turkish Penal Code (TCK) once again with the purpose of fighting migrant smuggling. A 300 percent hike in illegal migration over the last five years has prompted the country to draw up a new action plan to fight migrant smugglers for whom the government is considering introducing increased sentences. Building upon the French model, a front guard unit, consisting of professionals, will be established.

The deaths of 230 people who tried to travel to European countries via Turkey in 2007 have caused Turkey to seek international cooperation for the fight against illegal migration. However, the recent upsurge in migrant smuggling has made it necessary for the country to develop a new action plan. In the first phase of the plan, laws concerning illegal migration will be reviewed, while the second phase will focus on reorganization of the bodies that are expected to deal with the issue.

According statistics on illegal migration, the Turkish Coast Guard and the Gendarmerie caught 4,772 and 42,140 illegal migrants, respectively, in 2007. Turkish police have discovered that migrant smugglers demand $2,500 to $5,000 for illegally taking a person from Turkey to Europe via highways. The cost varies between $4,000 and $6,000 when the same thing is done via nautical routes. Migrant smugglers demand $8,000-10,000 for travel to the UK, $10,000-15,000 to the US and $12,000-15,000 to Canada.

The fact that only 29 out of 192 people who were prosecuted for migrant smuggling were sentenced has made it necessary to review the relevant laws. An amendment to the TCK in June 2005 significantly changed the legislation, which failed to adequately address the issue of illegal migration. Articles 79 and 80 of the TCK deal with illegal migration and, in particular, individuals who organize and assist in smuggling migrants. Such individuals are to receive sentences ranging from three to 10 years in prison.

Despite the fact that the sentences have been increased, no decrease in illegal migration has yet been realized. The government, which is also planning to amend articles 33, 34 and 36 of the passport law, is preparing to increase the sentences set forth in articles 79 and 80 of the TCK. The proposed amendments include trying migrant smugglers on charges of murder. The Justice Ministry is currently working on increasing sentences for people convicted of organizing illegal entry and exit to and from the country. In addition the means of transport used for this purpose will be confiscated.

Article 79 of the TCK reads, "A person who directly or indirectly engages in the transport of migrants through illegal means and in order to obtain benefits or who arranges the stay of such migrants in the country or who arranges the passage of such migrants to other countries through illegal means shall be sentenced to three to eight years in prison and fined up to YTL 10,000." The amendment to this article will increase the lower limit of the sentence to eight years. The land, air or marine vehicle used in the offense will be confiscated. Revenue obtained from the offense will also be confiscated. A sentence in the article that reads "The sentences shall be increased by half in the event the offense is committed as part of an organization" will be preserved. A new paragraph that will be added to the article will say that migrant smugglers will be tried on charges of murder if the act results in the deaths of migrants.

Article 80 of the TCK is titled "Illegal Transport of Migrants" and reads "Anyone who procures or kidnaps persons or who takes or transports persons from one place to another or who harbors persons with a view to forcing them to work, or to provide a service, or in order to subject them to slavery or similar, or to donate their organs by exerting threats, pressure, force or violence, by abusing their authority, by deceit or by obtaining consent by taking advantage of the helplessness of such persons, or opportunities to control them shall be sentenced to imprisonment for a term of from eight to 12 years and a fine of up to YTL 10,000. The government is planning to increase the lower limit of the sentence in this article to 12 years.

Front guards for border security

The government is also considering reviewing border security in order to solve the problem of migrant smuggling. To this end, a project that was developed three years ago will be implemented in 2008. Under this project, a front guard unit consisting of 70,000 guards will be established, and this unit will start working to ensure border security. This unit will fall under the jurisdiction of the Interior Ministry, and the guards will be given special training.

The transition will be gradual, and guards will be employed first in the areas where illegal migration is widespread such as the eastern, southern and Aegean regions. Within five years, all borders will be protected by front guards. The project is expected to cost about 3 billion euros, and when completed, it will bring central management by the Interior Ministry to border security currently handled by the Gendarmerie, the Land Forces and the Coast Guard. While Turkey still complains about the lack of cooperation in terms of effectively fighting against illegal migration, 60 percent of the project will be funded by the EU. With a view to ensuring greater harmony with EU standards in border security, the project will modernize infrastructure and border equipment in Turkey. Borders will be monitored using thermal cameras, and satellite-tracking systems will be established for border security. New patrol roads will be constructed in border regions. Under the integrated border management project, preliminary steps were taken first on March 29, 2006, and the government later decided to speed up the project in order to complete it by 2014.

In addition to this project, Turkey is planning to implement the Crime Analysis Center project for monitoring crimes and criminals. This center will provide quick analyses about terrorism, its financing, organized crime, illegal migration, drug trafficking and migrant smuggling and other crime factors with respect to border security. Experts note that the government's intention to use a unified emergency call number, 112, as laid out in the action plan announced by Prime Minister Recep Tayyip Erdoğan last week is complementary to these projects.