A striking move from the AKP before the local elections! Employers hiring illegal workers will face prison sentences!

As Turkey experiences one of the most challenging economic crisis periods in its history, eyes have turned to the millions of refugees and the AKP government, which has allowed refugees to enter our borders in large groups.

Citizens, who frequently express that they struggle to find work and cope with the economic crisis, attribute the crisis and the difficulty in finding employment to the high number of refugees seen as cheap labor.

AKP'S LOCAL ELECTION MOVE

While this issue remains a hot topic on Turkey's agenda, a new move that could be interpreted as an 'election move' has come from the AKP government with the local elections approaching.

The other day in Bursa, an operation was carried out on a food company that employed Afghan workers who had entered Turkey illegally.

During the operation, 4 managers, including the company's personnel manager, were detained.

The illegally employed Afghan workers were taken to a 'Removal Center' to be deported.

PRISON SENTENCES FOR THOSE HIRING ILLEGAL WORKERS

This development, which occurred following the implementation of the 2020 General Assembly of Criminal Chambers decision, means that anyone who employs foreign nationals who have entered Turkey illegally—excluding Syrians—will face prison sentences of 5 to 8 years.

The 2020 Court of Cassation General Assembly of Criminal Chambers decision had not been implemented until recently, and the police and Gendarmerie had not taken action within the framework of the decision.

The definition and penalty for the crime of 'migrant smuggling' in the Turkish Penal Code are defined as follows:

Article 79-

(1) A person who, for the purpose of obtaining direct or indirect financial benefit, through illegal means;

a) Brings a foreigner into the country or enables them to stay in the country,

b) Enables a Turkish citizen or a foreigner to go abroad, shall be sentenced to imprisonment from five to eight years and a judicial fine from one thousand to ten thousand days. (Added sentence: 22/7/2010 - 6008/6 art.) Even if the crime remains at the attempt stage, a sentence is imposed as if it were completed.

(2) (Added paragraph: 22/7/2010 - 6008/6 art.) If the crime is committed in a way that;

a) Poses a danger to the life of the victims,

b) Subjects them to degrading treatment,

the sentence to be given is increased by half to two-thirds.(23)

(3) (Amended: 6/12/2019-7196/56 art.) If this crime is committed by more than one person together, the sentence to be given is increased by up to half; if it is committed within the framework of the activities of an organization, the sentence to be given is increased by half to one fold.

(4) If this crime is committed within the framework of the activities of a legal entity, security measures specific to them are imposed on the legal entity.

GROUNDS FOR ARREST

On the other hand, clause 2 of article 100/3 of the Criminal Procedure Code, which entered into force in 2019, defines employing illegal immigrants who have entered the country through illegal means as grounds for arrest.