A foreign national for whom there is strong suspicion of being, or possibly being, a victim of human trafficking is granted a thirty-day residence permit so that he or she can recover from the effects of what has been experienced and decide whether to cooperate with the authorities. This protection does not require a final conviction of the perpetrator. The identification of the victim, the residence permit, the support services and the criminal investigation are processes with different purposes.[1, Arts. 48–49; 2]
A person whose passport has been confiscated, who is made to work under threat, or who cannot move freely because of an exploitative relationship should not be treated merely as an “unauthorized foreign worker.” At the same time, not every wage dispute or irregular migration event is automatically human trafficking. The purpose of exploitation in the event, the methods of coercion or deception used, and whether the person’s vulnerable situation was taken advantage of must be established through expert assessment.
Is human trafficking the same as migrant smuggling?
At the center of human trafficking is the exploitation of a person. Obtaining, transporting or harboring a person for purposes such as forced labor, forced service, sexual exploitation and the removal of organs may be assessed together with methods such as threat, force, deception or abuse of the person’s helplessness. Crossing a border is not required. The Council of Europe Convention also covers trafficking that takes place within a country.[3, Arts. 2 and 4]
Migrant smuggling involves a structure linked to enabling irregular entry or exit. In human trafficking, by contrast, a person may be exposed to exploitation later even if he or she entered the country by lawful means. Having consented at the outset to a job or a journey does not mean that the person later consented to exploitation continued through pressure.
Non-payment of wages in a workplace does not, on its own, show that all the elements of the offense are present. But where the withholding of wages is accompanied by the retention of the passport, the prevention of leaving the job, threats directed at the family or constant indebtedness, strong indicators may emerge that require the event to be assessed as human trafficking. This example does not relate to any particular person or firm file; it shows how the facts to be assessed may come together.
How does victim identification begin?
A report can be made through the law enforcement authorities, the public prosecutor’s office or the Provincial Directorate of Migration Management. In immediate danger the 112 Emergency Call Center, and for information and reports on suspected human trafficking the YİMER 157 line, can be used. The current announcements of the Presidency of Migration Management point to these channels and to applying to the provincial directorates.[4]
In the identification process, the person’s account, the indicators of exploitation, safety and health condition are assessed. The interview must be conducted in an understandable language, with an appropriate interpreter and in an environment free of the perpetrator’s influence. A person’s not being able to relate all the details at the first interview, especially where trauma or threats continue, does not on its own show that there is no victimization.
The Regulation on Combating Human Trafficking and Protecting Victims provides that persons for whom there is strong suspicion that they may be victims are not made the subject of deportation proceedings during identification. Article 10 of the Council of Europe Convention likewise provides that, where there are reasonable grounds to believe a person is a victim, he or she is not removed from the country before identification is completed and that the necessary assistance is provided. For this reason, information about victimization should be submitted separately and without delay to an existing deportation file.[2–3]
Is the end of the criminal case awaited?
No. The protection regime also covers strong suspicion that the person is a victim. The criminal court’s determination of the perpetrator’s liability and the administration’s assessment of the person’s safety and need for protection are not the same examination. The record of a complaint filed with the prosecutor’s office may be useful; but the absence of a conviction does not by itself exclude the initial protection.
How do the thirty-day permit and subsequent extensions work?
The initial permit under YUKK Art. 48 is thirty days. Its purpose is to give the person the opportunity to recover and reflect. This period should not be confused with the period given for leaving Türkiye or with a time limit for filing an action. Article 45 of the Implementing Regulation provides that the permit is issued by the governorship free of fees.[1, 5]
| Stage | Period or criterion | Result that does not arise automatically |
|---|---|---|
| Initial residence permit | Thirty days | No right to indefinite stay is granted |
| Extension | In periods of at most six months each, for reasons of safety, health or a special situation | It is not mandatory to grant six months in every application |
| Total period | May not exceed three years | Citizenship is not acquired at the end of three years |
| Transition to another status | The own conditions of the relevant permit or protection type | No other residence permit arises automatically |
In an extension application, a copy of the previous card alone may not be sufficient. Ongoing threats, the need for treatment, psychological support, the state of safe housing and other special circumstances should be substantiated. The continuation of a criminal investigation may be important in the file; but the examination of the extension should not be reduced to the mere existence of an investigation.
The requirements sought for other residence permits, such as a valid passport, visa, means of subsistence, address registration and health insurance, are not sought in the same way for this permit. The Implementing Regulation also states that the requirement of the absence of a deportation decision or entry ban is not sought. This exception does not mean that all of the person’s earlier administrative records are deleted automatically. The legal status of existing decisions and their entry in the current records are followed up separately.[5, Art. 45(4)]
What assistance does the victim support program include?
Support is not limited to providing a place to sleep. Safe housing, access to health services, psychosocial assistance, interpretation, legal information and, depending on the situation, education and support for access to the labor market all come into play. The statements of the Ministry of Foreign Affairs likewise note that support is carried out during the reflection period and afterwards with regard to the person’s safety, health and special situation.[3, 6]
The content of the assistance should be planned according to the person’s needs. The confidentiality of the safe address, the care of children, the person’s receiving information in his or her own language and the appropriate use of health records are necessary for the protection to work in practice. The provision of a service should not be made conditional on giving up other application and litigation rights.
Is it necessary to agree to testify in order to receive assistance?
Article 12(6) of the Council of Europe Convention provides that assistance to a victim is not made conditional on the willingness to act as a witness. The purpose of the thirty-day reflection period is likewise to allow the person to move away from the influence of the perpetrator and decide. For this reason, it cannot be said that a person who has not yet decided on cooperation will automatically be removed from assistance.[3]
This rule does not mean that every residence permit granted is unconditional and unlimited. The duration of the permit, the requirements of the support program and the obligations are assessed under the relevant legislation. The guarantee of the reflection period in Article 13 of the Convention also has particular limits relating to public order and abuse of the status; these cannot be turned into a general ground of refusal without a concrete justification.
Can a victim of human trafficking be deported?
YUKK Art. 55(1)(ç) provides that no deportation decision is taken against victims of human trafficking who benefit from the victim support process. The protection at the identification stage and this statutory guarantee in the support process complement each other. In addition, if the person faces a risk of torture, ill-treatment or re-exploitation at the place to which he or she would be returned, the other guarantees under YUKK Arts. 4 and 55 should also be examined.[1–3]
It should not be assumed that in every file in which a claim of victimization is made, a previously taken decision falls away. The steps to be taken for withdrawal, non-enforcement or annulment of the decision must be determined. The fact that an identification application has been made does not make it unnecessary to track the seven-day time limit for filing an action against a separate deportation decision.
| Current problem | Focus of the application file |
|---|---|
| Risk of being sent away without identification | Facts showing strong suspicion and a request for expert assessment |
| Deportation decision during the support process | The support record, the guarantee under Art. 55 and the date of service of the decision |
| Cancellation or non-extension of the residence permit | The reasoning, health and safety documents, pressure on the person’s will |
| Detention in a removal center | The separate legal basis of the detention and review by the criminal judgeship of peace |
For acts such as the refusal or cancellation of a residence permit, the general rules of administrative litigation apply; for a deportation decision, a special seven-day route; and for administrative detention, a separate review by the criminal judgeship of peace (sulh ceza hâkimliği). Proceeding on the basis of a single time limit or a single petition without determining which act is being challenged can lead to a loss of rights.[1, 7]
If contact with the perpetrator is re-established, is the permit necessarily cancelled?
YUKK Art. 49 provides for cancellation of the permit where the person, on his or her own initiative, re-establishes ties with the perpetrators of the offense. Article 46 of the Implementing Regulation treats this conduct, failure to comply with the obligations and the person’s being found not to be a victim as separate grounds.[1, 5]
However, if re-establishing ties with the perpetrator or failing to comply with the obligations occurred against the person’s will because of coercion, intimidation, violence or threat, the Regulation provides a guarantee against cancellation. This exception relates not to the ground that the person is found not to be a victim but to the two stated forms of conduct. Therefore a telephone call or being seen in the same place should not be interpreted as voluntary contact without investigating the conditions of pressure.
Threatening messages, communication records obtained safely, applications to law enforcement and expert assessments can help to explain this distinction. The person should not be expected to endanger himself or herself in order to collect new documents. The preservation of existing records and the securing of the person’s safety should be addressed together.
What are the special rules for child victims and for voluntary return?
For children, protection, representation and age assessment are of particular importance. Article 10 of the Council of Europe Convention provides that a victim whose age is uncertain and who is thought to be a child is treated as a child during age verification and receives special protection. For an unaccompanied child, legal representation, safe placement and family tracing must be carried out together.[3]
Voluntary return must rest on the person’s receiving information in a language he or she understands and on free will. Re-victimization at the place of return, the perpetrator’s reach, health needs and conditions of safe reception must be investigated. A signed form does not by itself remove the questions about how consent was obtained. For children, the best interests and representation are assessed separately.
Conclusion
The protection of a victim of human trafficking is not a secondary step that awaits the outcome of the criminal case. Identification, the thirty-day permit, extension where necessary, support services and the guarantees against deportation must be put into operation in good time. The file should connect the facts of victimization with each legal request; in particular, separate application routes must be followed for any existing deportation or detention decisions.
Related articles: Unaccompanied foreign children; Foreign nationals subjected to domestic violence; Legal aid, interpreters and representation in migration cases; Inability to be deported because of health and pregnancy; Service and the seven-day time limit in a deportation decision; Rights and obligations in an international protection application.
Frequently Asked Questions
Must the perpetrator be convicted for protection to apply?
No. Persons for whom there is strong suspicion that they are or may be victims are also within the scope of the protection regime. The determination of criminal liability is a separate process.
How long does the initial permit last?
It lasts thirty days. This period is intended for recovery and reflection; it is not a time limit for filing an action or for leaving Türkiye.
For how many years in total can the permit be extended?
It can be extended in periods of at most six months each, for reasons of safety, health or a special situation, up to a total not exceeding three years. Extension is not automatic.
Can an application not be made if there is no passport or health insurance?
For this type of permit, the requirements of other residence permits are not sought in the same way. Article 45(4) of the Implementing Regulation provides for special exceptions, including for the passport and health insurance.
Can a victim who does not agree to testify not receive assistance?
Assistance should not be made conditional on the willingness to testify. The other conditions in the permit and support process are assessed separately under their own legal bases.
Does contact made because of the perpetrator’s threat lead to cancellation of the permit?
Voluntary ties must be distinguished from conduct under threat. Where ties are re-established or an obligation is breached against the person’s will, the guarantee in Art. 46(2) of the Regulation applies.
Can a deportation decision be taken against a person in the victim support program?
YUKK Art. 55(1)(ç) provides that no deportation decision is taken against these persons. The status of existing decisions and, if any, the time limit for filing an action must be followed up separately.
Where are immediate danger and suspected victimization reported?
In immediate danger, 112 can be called; for suspected human trafficking, an application can be made to YİMER 157, the law enforcement authorities, the prosecutor’s office or the Provincial Directorate of Migration Management. The record of the application and safe contact information should be preserved.
Sources
- Law No. 6458 on Foreigners and International Protection, Arts. 4, 48–49, 53, 55 and 57.
- Regulation on Combating Human Trafficking and Protecting Victims, Official Gazette (Resmî Gazete), 17.03.2016, No. 29656; provisions on identification and victim support.
- Council of Europe Convention on Action against Trafficking in Human Beings, CETS No. 197, 16.05.2005; in particular Arts. 2, 4 and 10–16. Original text in English; explanations are summarized in Turkish.
- Statement of the Presidency of Migration Management on human trafficking reporting channels, YİMER 157, 112 and provincial directorates.
- Regulation on the Implementation of the Law on Foreigners and International Protection, Arts. 45–46.
- Ministry of Foreign Affairs of the Republic of Türkiye, Türkiye’s Fight against Human Trafficking, statements on victim support services.
- Law No. 2577 on Administrative Procedure, in particular Arts. 7, 11 and 27.