There is a gang who brings women to the TRNC for education but force them into prostitution after being forced to swear before a deity

Few months ago, local media, Yeniduzen wrote about the issues of human trafficking and prostitution by foreigners in North Cyprus.  

Yeniduzen spoke to Human Rights Platform, Atty. Fezile Osum Atty. Yağmur İzcan who stated that the first case regarding human trafficking in the TRNC resulted in a conviction on December, 30, 2022. They stated the lack of policies to combat human trafficking in the TRNC.

They said they have received complaints about the victimization of Nigerian young women in the last year and a half, as 32 applications were received on sex trade in 2022. All of the victims came to the country with student visas.

Human Rights Platform, Combating Human Trafficking and Refugee Rights Program Coordinator Atty. Fezile Osum said that the applications were “the tip of the iceberg” .

“Something has started to change, albeit small, in our geography, which has been referred to as the 'land of impunity' regarding human trafficking in international reports for years. This definition may not change with a conviction, but this decision is an important step for us,” Fezile Osum said.

Yağmur Izcan, one of the lawyers of the Human Rights Platform, pointed out that while the problem of nightclubs continues in the country, a parallel human trafficking problem has developed. “This is a virus. This is a matter of social sciences, of law. The result will not be a surprise. Maybe tomorrow, the next day, this problem will begin to spread to our countryside, and it will begin to exploit the poor. It should not be forgotten that if there is human trafficking in a place, there is demand.

Izcan stated that they helped everyone who declared that they were victims as a platform and reminded that they can be reached from the emergency hotline 0542 862 00 60.

Question: In March 2020, human smuggling and human trafficking were included in the scope of serious crimes by amending the Penal Code. Although human trafficking was criminalized in the US Trafficking in Persons 2022 Report, it was stated that no attempt was made by the authorities to investigate the crime and punish the traffickers, and that not a single trafficker was convicted. At the end of December, the first case on this issue was concluded and the trafficker was sentenced to 4 years in prison. First of all, can you give some information about this lawsuit process?

Hunting. Osum: We've had efforts for a long time to have a human trafficking case open and a conviction. In the last year and a half, we have received complaints about the victimization of young Nigerian women. The young Nigerian woman in the case in question is brought here as a student by a Nigerian trafficking group and is tricked into saying she will go to college and take a part-time job. After she is brought here, she is locked in an apartment and forced into prostitution. We come across many similar cases. Traders are generally women. Human trafficking groups prefer women because women can approach women more easily. It is much easier for a woman to persuade a woman. We also know that traffickers talked to the families of these victims in Nigeria and convinced them.

“Some different methods are used, different from sex slavery in nightclubs”

There are some different methods used in this regard, unlike sex slavery in nightclubs. The "voodoo ritual", a belief in African traditional religion, is used. Such a ritual is held in their country and they say to themselves, “Maman, this is the person you will serve, this is the person who will take you there. You will serve him. If you disobey him, you will be damned, bad things will happen to your family.” This was something new to us, a ritual we did not know. We saw that in some European countries, Nigerian groups practice this. This was also the case in this case. Such spiritual and faith-related methods are used, but of course, they also use methods we know, such as confiscating his passport, taking family contacts from his phone, threatening "we'll tell your family", taking nude photos or videos.

Question: How long after the victim in the case arrived here, was he able to reach you? How did he find out about you? We know that they also have language problems… Were there other women in the place where he was located?

Osum: Forced into prostitution for two months, imprisoned, punished. The matter reached our knowledge in May 2022. In fact, they were a large group. There were 8 other women in the flat where this person stayed.

Izcan: In general, they think that they will come to a country they dream of as a European country, and when they come, they fall into a vacuum in terms of the language and system. Therefore, it is difficult for them to reach us. Sometimes they reach the units of their own countries working on this issue and request support, and they direct the issue to us. Sometimes, because they cannot distinguish between the south and the north, their relatives give information to the units in the south. When they realize that the incident is in the north, they reach us. We have an emergency hotline on the subject, which we run as part of our EU-supported project, the Human Rights Platform, which bears the same name as our institution, 0542 862 00 60. They can also reach us by calling or texting.

“There is no policy to combat human trafficking”

Question: It has been known for a long time that such grievances occur. Why hasn't a case been filed on human trafficking until now?

Osum:We have tried this many times before. Before that, there was a case in which we clearly demonstrated that there was sex trafficking. However, the police refrained from filing a human trafficking case on that issue. Although they don't tell us much as a reason, our guess is either the lack of capacity in this direction, that is, the thought that "I cannot prove the elements of this in court" and choosing to take the easy way, the thought of "incentive to prostitution is a more straightforward case, it can be proven"... Or directly on these issues. not to go... In general, there is no policy in the country to combat human trafficking. The police is also an institution of this state, so there is no such attitude in the police. We had a serious fight with the police. We have repeatedly printed out Article 254 B of the Penal Code and told the police, element by element. The police may not have such a policy or priority at the moment, but the police have to enforce the law, they cannot neglect their duty. It was not easy in the last case that was decided. We seriously had to explain the situation to the police. This case is both the first filed and the first to be concluded in human trafficking.

Hunting. Izcan:In this case, we had both positive and negative experiences with the police. Usually one person reports it, the police intervene to get that person out, and they encounter more women. That's what happened in this case. We needed a place to talk to other women and get information about whether they wanted help or not. Our positive experience with the police in this case was that the police provided us with this environment, but unfortunately we did not receive any requests for help from other women. Women are generally under enormous pressures such as fear, anxiety and threat, I can understand them. The woman who reached us through our whistleblowing hotline had the opportunity to get references about us, to research us, to talk to us over the phone for a long time and to build trust. But that wasn't the case for the other women who were in the same house as him.

“We have seen situations such as the police approaching the victim with suspicion and not being able to understand”

In this case, our negative experience with the police was a veiled racism, victim-blaming, perhaps subconsciously as well. We have seen situations such as the police approaching the victim with suspicion and not understanding. This approach creates situations that will pose a great obstacle in transferring the facts to the police and therefore bringing them before the judicial authorities, despite the support of a lawyer who is competent on the subject. We encounter resistance from the police in terms of taking the victim's statement as a basis, understanding the victimization of women, getting rid of prejudices and listening to the person on a human basis. It should also be said that while the police are trying to testify at the Judicial Branch, under a great deal of intensity, many cases can come at the same time. While I do not agree with such attitudes and approaches of the police, I can understand that the lack of resources is one of the reasons for this.

"Victim's consent is not accepted as defense"

Osum: The investigation of human trafficking, sexual crimes, crimes against children requires special expertise. Therefore, they must have special units and specialized personnel. This has been done about violence against women. There is a system that works well, although it has serious flaws. Why not on these matters? Human trafficking, especially sex trafficking, is systematic rape, its essence is sexual violence. Think about the fact that you experience this every day, that you are forced to have sexual intercourse with 4-5 people every day against your will, the health risk and psychological damage of this. This is an incredibly serious crime.

I think that the concept of “consent” in the police is also very problematic. Not in this case, but in a previous case, we were at a police station outside Nicosia, and when we showed up with the evidence, the police accused us of committing “public mischief”. I couldn't believe it. The police accused his victim and us as lawyers of lying. I would also like to emphasize that the article in the Penal Code states that consent is not in question.

“The police can investigate and raid suspicious places to reach criminal groups”

Question: You said that the other women in the house in question were not complaining. Can't something be done about this?

İzcan: Most of our issues are based on complaints. When the people there say, "There is no such thing here," the ground is restricted to take the matter forward.

Osum: Proactive investigation methods can be developed. The state has some obligations under the Palermo protocol, the UN's international document against human trafficking, and the decisions of the ECtHR. One of them is to conduct effective investigations and trials. For this, it is important that the police work on a case-by-case basis, not on a case-by-case basis. For example, when we tell the police that there is such a trend among Nigerian groups, the police can investigate and raid suspicious places to reach these criminal groups. Many countries, including Turkey, do this.

Question: The perpetrator of the first human trafficking case was a Nigerian woman. How did that woman get here, was she a fugitive when this happened? How did she become a trader?

Osum: He had just been on the run. In this case, we have never met with the accused, but we can comment from what we have read from the decision of the case. The accused is a 34-year-old Nigerian woman, with two children, who came to the north of Cyprus to study and work. 

Izcan: I won't talk about this particular case, but when I talk to victims about their perpetrator profiles, what I usually encounter is that we have seen examples where they have experienced similar things in the past and turned into perpetrators over time, but not all of them are like this. 

Osum: Considering that the criminalized trafficker is part of a larger trafficking network, we have no reason not to think that the main power holders within that group are men. In general, we see that women at the lower level and men at the higher level are the decision makers.

“All victims of human trafficking came to the country on student visas”

Question: You said that you usually receive complaints about the victimization of Nigerian women. What data do you have?

Osum: We received 32 applications for sex trafficking in 2022. We identified 29 of the applicants as victims of human trafficking. 23 of the victims of trafficking are Nigerian, they are all victims of human trafficking, they all came to the country on student visas. Of the other victims, 2 were from Kazakhstan, 2 from Iran and 2 from Cameroon.

“We take the request and statement of the victim as basis”

Question: Have legal proceedings been initiated regarding these?

İzcan: It was started for some. We are based on the request and statement of the victim. Complaining to the police is not essential for us to help them. We insist on explaining this to the police because the police claim that these people often lie to get help. No need to lie for help. As a platform, we help everyone as long as he/she declares that he/she is a victim.

In three of the 32 cases, the victims complained to the police. Often the investigation is conducted on more specific and non-trafficking items such as “encouragement to prostitution” or “deprivation of liberty”. The victim said, “I think I am a victim of human trafficking. Police do not mention trafficking in court, although the facts are clear. When the subject is not included in the police report, what the court and the prosecutor can do is restricted. When the facts are reported, it is important that the prosecution investigates more proactively. Only if the matter is properly investigated by the police and filed accordingly, it is possible to reach a fair conclusion that meets the facts in court.

First decision on human trafficking...

Question: In recent years, apart from the decisions of the courts, the warnings and determinations of the judges on the issues also draw attention. Under the chairmanship of Fadıl Aksun, the committee of the Nicosia Heavy Penal Court, consisting of Senior Judge Vedia Berkut Barkın and Judge Murat Soytaç, emphasized the human trafficking dimension of the issue and the frequency of similar crimes.

Osum:This emphasis of Senior Judge Vedia Berkut Barkın, who read the verdict, is very important for us. While we are working on the field, the attitude of the administration is "there is no such problem". We have seen this in the police and in other institutions. There was an attitude that this did not happen, that the victims either lied or exaggerated the issue. For the first time, with the decision of this court, it was revealed that human trafficking is now a matter of this country. The court said that this is an issue on an international scale, that we are covered badly in international reports, that such incidents are a source of shame for countries, that the public interest comes first, and that this is a serious problem affecting the society. For the first time, we had a court decision that made the definition of human trafficking so well and revealed how damaging it is to the public interest. In this sense, this decision is very important. In our geography, which has been referred to as the "land of impunity" regarding human trafficking in international reports for years, something has begun to change, albeit small. This definition may not change with a conviction, but this decision is an important step for us.

“There is no protection and support in the north of Cyprus”

Question: You said that there is no policy on combating human trafficking. What should be done in terms of supporting and protecting victims?

Osum:The victims who contacted us and complained to the police are very brave people. For example, in the South, Europe and Turkey, the legal framework for this is well established. Victims are supported and protected by the state whether they will or not. The basic needs of the victim are met, he receives psychological support, he becomes a residence. Security is very important. The victim can only be put on an adventure of justice with these. There is no protection and support in the north of Cyprus. As the Human Rights Platform, we try to support by helping other institutions. We signed a protocol with LTB Women's Shelter. We have a quota at the shelter, we can refer victims there. In this process, we have established a serious cooperation with them based on goodwill. They took responsibility with us in such an issue that no one wanted to take responsibility for. But of course this is not ideal. Victim profiles are very different. The needs of a woman who is a victim of domestic violence and a woman from a traumatic past are different, how true is it for them to be in the same environment? If the victim wants to return to their country, there is no application that will establish their safe return. Most importantly, there is no medical support, no psychological support. By creating an item from our European Union supported project, the Human Rights Platform, which bears the same name as our institution, we can meet some of them to a certain extent, but this is not sustainable. No psychological support. By creating an item from our European Union supported project, the Human Rights Platform, which bears the same name as our institution, we can meet some of them to a certain extent, but this is not sustainable. No psychological support. By creating an item from our European Union supported project, the Human Rights Platform, which bears the same name as our institution, we can meet some of them to a certain extent, but this is not sustainable.

Question: In recent years, many foreign nationals have been found dead in the northern part of Cyprus. These could be suicides or murders... Do you have any information on whether these incidents are related to human trafficking?

Osum: We had a petition to the police regarding a suspicious case, a woman jumping from a balcony, but we did not receive any response.

Izcan: If suspicious deaths are investigated, we will be able to learn more about their enlightenment. With the cases we reported, we persistently brought the human trafficking trend to the knowledge of the police. There's a human trafficking trend, there's a certain case profile, region profile, practice profile. If these profiles are of your knowledge and such incidents are occurring, it is necessary to actively investigate and investigate whether there is a link between the two incidents. If such research happens, the link may come to light.

“There are serious gaps in the agency system”

Question: The Refugee Rights Association had prepared a Strategy Plan for Combating Human Trafficking. What combat strategy should it be?

Osum: We did a project with seven partners at the Refugee Rights Association. We prepared the strategy plan together with state institutions. We made a realistic four-legged plan of investigation, prevention, protection and partnership development. Studies such as training immigration officers and giving informational brochures at the entrances should be carried out.

For the last year, the problems of the system in higher education have been discussed in public. The current system is not working. A thing called agency has been created, even the international press reveals how fraudulent it is. A politician cannot say "I don't know about this". There are serious gaps in the agency system. If we are to start from a preventive action, the most important is the control of higher education.

“We have become one of the world's black holes on human rights issues”

Question: 2021- The Global Organized Crime Report found that Cyprus has become more of a destination country for human trafficking, not a transit…

Osum: No control. Criminal organizations think that “I commit crimes here, but the probability of being prosecuted is very low”. Especially in the last few years, we have become one of the world's black holes in human rights issues.

When we consider the conditions we have mentioned, we realize how few victims of human trafficking reach us, the problem is serious and big. I believe that the necessary intelligence in this direction is in the police. The problem is far beyond the numbers we give. For example, in this case, there were eight more girls in the house. Every victim we talk to says he knows about 8-10 other victim women. What is visible is only the tip of the iceberg above the water.

This is also a women's rights issue... Since foreign women are involved here, our xenophobia comes into play. Imagine that young Cypriot women are confined to homes and sold to men. If that were the case, it would be outrageous. I think that the necessary agenda has not been created on this issue, especially from the perspective of women's rights, I am very sorry. As a person coming from the feminist struggle, I think we should focus more on this issue. Because there is systematic rape here, the fact that these women are foreigners should not take away their rights. Maybe this did not happen to a Cypriot citizen today, but if it goes like this, it can happen tomorrow. This has happened in all countries.

“Maybe tomorrow, this problem will begin to spread to our countryside” 

Izcan: While the nightclubs problem continued, a parallel human trafficking problem developed. This is a virus. This is a matter of social sciences, of law. The result will not be a surprise. Maybe tomorrow, the next day, this problem will begin to spread to our countryside, and it will begin to exploit the poor.

It should not be forgotten that if there is human trafficking in a place, there is demand. It is also very difficult to solve the problem arising from the masculine mentality without struggling with the masculine mentality.

This is a publication of Yeneduzen