Migrant smuggling and human trafficking
Bringing a foreign national into the country by illegal means, or enabling a person to leave the country, for material gain. The penalty is 5–8 years’ imprisonment.
Migrant smuggling and human trafficking are often confused. In migrant smuggling, the person usually crosses a border illegally of their own will and the smuggler profits from it. In human trafficking, the person is recruited or transported for purposes such as forced labour, prostitution or organ trade.
Migrant smuggling (TCK 79)
A person who, in order to obtain a material benefit directly or indirectly, by illegal means:
- brings a foreign national into the country or enables them to stay in the country, or
- enables a Turkish citizen or a foreign national to leave the country,
is punished with 5–8 years’ imprisonment and 1,000–10,000 day-fines. The penalty for a completed offence is imposed even if the offence remains at the attempt stage.
- If the offence endangers the lives of the victims or involves degrading treatment, the penalty is increased by one half to two thirds.
- If committed jointly with others, the penalty is increased by up to one half; if committed as part of the activities of an organisation, it is increased by one half to one fold.
Human trafficking (TCK 80)
A person who, for the purpose of forced labour, forced service, prostitution, subjection to slavery or organ removal, recruits, abducts, transports or harbours people by means of threat, pressure, force, deception or by exploiting their desperation is punished with 8–12 years’ imprisonment and up to 10,000 day-fines. The victim’s consent to acts carried out for these purposes is invalid; if the victim is under 18, none of the means need to be established.
Prosecution
Migrant smuggling and human trafficking are in the pre-trial detention catalogue (CMK 100/3).
In the data
News reports on smuggling mostly concern law enforcement operations and are available in the institutional API as location-level records (data access).