Turkish Juvenile Justice System

Transcription

1 Turkish Juvenile Justice System Dr. Gonca Gülfem BOZDAĞ Ministry of Justice Head of Department, DG for International Law and Foreign Relations

2 Presentation Outline 1/2 Juvenile under Turkish Legislation. Statistics regarding population International Conventions to which Turkey is a party Renewal of juvenile justice system Turkish Juvenile System Values Data Expectations

3 Presentation Overview 2/2 Restriction Juveniles in need of protection Juvenile victims Juvenile pushed into crime (instead of juvenile delinquents)

4 Juvenile under Turkish Legislation Those under 18 years of age - Juvenile in need of protection - Juvenile pushed to crime

5 Number of Juveniles in Turkey As of 31 December 2010 General population : Number of juveniles : Total population : 33 % juveniles

6 General population in other countries Romania : The Netherlands : Greece : Portugal : Belgium : Czech Republic : Hungary : Austria : Switzerland : Bulgaria :

7 Number of juveniles Number of juveniles in Turkey is more than the general population of the following 6 countries; Finland : Norway : Croatia : Ireland : Lithuania :

8 Juveniles with criminal responsibility/scope Criminal law does not apply to juveniles under age of 12 Juveniles between ages of 12 and 18:

9 International Conventions UN Convention on the Rights of the Child Additional Protocols to the Convention on the Rights of the Child European Convention on the Exercise of Children s Rights

10 Other International Conventions Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The Hague Convention on the Law Applicable to Maintenance Obligations Towards Children. The Hague Convention Concerning The Recognition and Enforcement of Decisions Relating to Maintenance Obligations Towards Children.

11 Other International Conventions The Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

12 International Conventions Compliance with International Conventions As the legislation As the results of implementation

13 Grounds of juvenile justice system 1- Protection of constitutional rights Protection of personal rights Protection of economic and social rights Protection of cultural rights 2- Protection in civil law Protection inside the family Protection through guardianship 3- Protection of the rights and safety of the working juveniles 4- Protection through social services and assistance 5- Protection in criminal law

14 Juveniles in justice system They have different attributes; Juveniles pushed to crime, Juvenile victim, Juveniles harmed by crime, Juvenile witness, Prohibition of forcing a juvenile to testify as a witness Claimant defendant juveniles, Neglected abused juveniles, Refugee juveniles, etc.

15 Renewal of juvenile justice system 1/2 Civil Code (2001) Turkish Penal Code (2005) Code of Criminal Procedure (2005) Law on Execution (2005) Law on Child Protection (2005) Law on Probation (2005) Misdemeanor Law (2005) Law on Social Services (Amended 2005, 2011) Local administrations legislation Law on Municipalities Law on Provincial Administration Constitutional amendment (2010)

16 Renewal of juvenile justice system 2/ A holistic view to juveniles in the justice system Juveniles in need of protection Juveniles drawn to crime Juvenile victims Institutions General Directorate of Child Service, Relevant ministerial units, Probation institutions,

17 Turkish Juvenile System Supremacy of the parental rights Unless required by the best interest of the child, the decision on separation of juveniles from their parents cannot be rendered.

18 Turkish Juvenile System 2/4 Parents / those who have legal responsibility over the child With regard to Providing guidance to the juvenile, and Directing the juvenile The Turkish legislation is based on respect for the following regarding the parents ; responsibility, rights and duties.

19 Turkish Juvenile System 3/4 Supremacy of the opinion of the juvenile A juvenile who has ability to form an opinion, Has the right to express her/himself freely, On any topic of interest to her/himself.

20 Turkish Juvenile System Specific procedures and authorities for Juveniles Special procedures are regulated and special authorities are appointed for: Juveniles in need of protection Juveniles committing a crime Juvenile victims

21 Special rules/ Juveniles in need of protection 1/2 Measures Education measures, Health measures, Consultancy measures, Care measures, Sheltering measures. The authority to decide on the measure Juvenile courts

22 Special rules/ Juveniles in need of protection 2/2 Supervision of protection measures Supervision services The need to monitor the implementation of protection measure results The duty of monitoring; Affiliated units of General Directorate of Child Service,

23 Special rules / Juvenile pushed into crime 1/5 Special Police Units for juveniles Prosecutor s Office for juveniles Social Workers In the investigation phase In the prosecution phase Juvenile courts Juvenile court Juvenile heavy criminal court

24 Decision of Supreme Court the social enquiry report shall be taken into account by the court when assessing the juveniles capacity to perceive the legal meaning and consequences of the act committed and the ability to direct his/her behaviours with regard to such act.

25 Special rules / Juvenile pushed into crime 2/5 Juvenile penal institutions Juvenile closed penal institution Juvenile training homes

26 Special rules / Juvenile pushed into crime 3/5 Obligation for a lawyer The requirement of conducting the investigation by the public prosecutor in person. In the event that juveniles commit a crime together with adults, investigation and prosecution are conducted separately. Secrecy of the proceeding.

27 Special rules / Juvenile pushed into crime 4/5 In the hearing of the juvenile delinquent; Parents, guardian, a social worker assigned by the court, a family undertaking the care of the juvenile or a representative of the institution can be present. Moreover, the judge can make avaliable a social worker during interrogation or other proceddings concerning the juvenile.

28 Special rules / Juvenile pushed into crime 5/5 Social assistance Experts A social worker can be present during taking statement of the juvenile or other proceedings concerning her/him Social examination report A report to evaluate the capability of the juvenile to perceive the legal meaning and results of the crime Receiving support from the family Prohibition of arrest Those under 15 years of age Implementation of reduced penalty

29 Special rules Penalty policy There is no death penalty for anybody. Penal policy differs according to the age of the juvenile. There is no penalty for those under the age of years of age: the existence of criminal responsibility is suspended years of age: reduced criminal responsibility

30 An Approach The system is not designed to prevent reoffending, but to punish. Imprisonment has very negative impact: children become part of criminal networks, lose their fear of prison and become angry with the system. a social worker

31 Implementing measures on juvenile pushed into crime Protection measures that can be implemented Consultancy measure, Education measure, Health measure, Care measure, Sheltering measure.

32 Evaluation of decision types There is a continuous decrease in the number of convictions From the decisions rendered; 64% resulted in conviction in % resulted in conviction in % resulted in conviction in 2008

33 Process The point reached in 8 years; Developments are under control The structure has become institutionalized, Removing juveniles outside Criminal Justice System Postponing the bringing of public lawsuit Conciliation (settlement) Deferment of the announcement of the verdict Conversion into optional sanctions Postponing the penalty

34 Model implementation Affection homes (Sevgi Evleri) model Girls Boys

35 Discussion years of age understanding the legal meaning and consequences of the crime committed, the requirement of existence of ability to guide her/his behaviors Results The existence of criminal responsibility is accepted in 90% of the reports concerning this age group.

36 Discussion years of age This was not given a special status in the Turkish criminal law. Exception: Deaf and dumb people The issue is discussed by experts.

37 Penalty is the last resort There is great gap in prevention. When I receive a child, it s almost over. a juvenile judge

38 Penalty is the last resort Imprisonment should be the last resort. To this end, the following options should be extended by taking the juveniles into account; Reconciliation, Postponing the bringing of public lawsuit, Deferment of the announcement of the verdict

39 Thank you for your kind attention!