Migrant Smuggling Data and Research

Turkey’s efforts in the European Union membership process and
harmonization with the European Union acquis in migration-related issues led
to a series of national, international and regional counter migrant smuggling
measures to be taken within the last decade. Within this framework, Turkish
authorities took some important legal and administrative steps in curbing and
controlling irregular migration, smuggling and trafficking. While some of these
measures are directly related with migrant smuggling, some are indirectly
correlated. For instance, a direct outcome of these efforts was the adoption of
Article 79 of the new Turkish Penal Code Law number 5237. The said article
that was put into force on 1 June 2005 provides detailed definition of migrant
smugglers and introduces a provision stipulating penalties of 3 to 8 years of
imprisonment and 10,000 days judicial fines to migrant smugglers. If proven
that human smuggling is carried out by perpetrators who are associated with a
criminal organization, the penalty to be imposed would increase. Article 79 also
provides for coercive measures, such as confiscation of assets on legal entities
involved in human smuggling. According to an amendment made in the article
in 2010, even if the human smuggling was at the stage of attempt, it would still
be considered as a crime fully committed, and consequently they would be
charged with the highest penalty possible. Other than criminalization of migrant
smuggling and imposing heavy penalties for those involved, the Law on Work
Permits for Aliens was put into force on 6 September 2003. The Ministry of
Labour and Social Security of the Republic of Turkey is authorized to issue all
types of work permits for foreigners to ensure better management and control
over the process.
In order to reduce irregular migration and halt human smuggling
and trafficking, a series of legal and administrative arrangements, which
were indirectly related with migrant smuggling, were also taken. The Road
Transportation Law came into force on 19 July 2003, and the Road Transportation
Regulation became effective in 2004. This regulation states that transportation
permit will not be renewed for three years, and the vehicles will be seized if the
person is sentenced for migrant smuggling. Another indirect development was
the Action Plan on Asylum and Migration adopted by Turkey in March 2005. The
Action Plan laid out all the necessary tasks and timetable for the harmonization
of Turkey’s migration and asylum management system, as well as border and
visa regulations, asylum and migration issues and regulated migrant smuggling
and human trafficking issues. As sustainable management of migration became
a political priority, Turkey assumed the presidency of the Budapest Process – a
consultative forum with over 50 governments and 10 international organizations
– in 2006.
Migrant Smuggling Data and Research:
A global review of the emerging evidence base
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