Prof. Dr. Fusun Sokullu-Akinci, is the Director of the Research Center of Criminal Law and Criminology at the Law Faculty of Istanbul University. At the same time she is also involved in teaching Criminal Law, at the Law School of Instambul, and Criminology and Victimology at the Institute of Forensic Science of the Instambul University. Having a good command of Turkish, English and French. Prof. Dr. Füsun Sokullu Akinci, has published books on Turkish Criminal Law, and Theories of Crime and Punishement. She also released numerous articles on Family violence and Juvenile Justice and restorative Justica, and a Doctor iuris thesis published with the title: “The Police Sub-culture and Human Rights”.

QUESTION.- Can you please present us a short introduction of your activity related to juvenile justice, as a professional involved in this field?

ANSWER.- I teach Criminal Law and Criminology and Victimology at the Istanbul University. Within the context of these lessons, juveniles are examined separately as a special group, as victims as well as those who are involved in criminality in one way or the other. Considering that a part of child criminality stems from the conditions that the children are living in, children are not stigmatized as “delinquent”, “offender”, “criminal” in the Child Protection Law of 2005 , but they are considered as “children dragged into criminality”. Some of the child delinquency is a result of the puberty problems that the children go through. So this law aims to protect children who are in need of special protection or who are “dragged into delinquency”, secure their rights, sanity and welfare on the one side and aim the security and justice of the community. Thus it is within the scope of Criminal Law, Criminal Procedure Law, Criminology and Victimology.

Q.- What is the degree of harmonization of Turkish national laws with the United Nations Convention on the Rights of the Child and international standards on Juvenile Justice?

A.- In July 3, 2005 the Child Protection Law was passed. The aim of this law is not to punish children but to protect them. The statement of reasons points out that according to the international instruments, the trial and punishment of children like adults does not protect them from crime and other risks, but makes them more vulnerable to various risks. Children should have special provisions, courts and other institutions as it is stipulated in the UN. Convention. In fact in 2005 main Codes concerning criminal laws have all been changed in Turkey, such as the Criminal Code, Criminal Procedure Code, Code on Execution of Punishments and Security Measures. They have provisions concerning children too. The new law is made in harmony with all these codes and also, taking into consideration the international instruments that Turkey has signed. The 2005 Law on juveniles is called the Child Protection Law. The main principles guiding the new Child Protection Law are in conformity with the U.N. Convention: - Procedures applied to children must be based on human rights, due process of law, fair trial and the child must be especially protected. - Prison sentence and other custodial measures should be applied as ultima ratio. If the child is kept in an institution, they must be kept in separate places. - The child’s wellbeing and benefits must be taken into consideration. The child must be treated according to his/her age and educated so as to develop his personality and social responsibilities. - The child and his family must be included in the decision making procedures by informing them and being especially careful not being discriminatory. - The privacy of the child is very important and his identity must be kept confidential. On the other hand art. 90/parag. 5 of the Turkish Constitution states that: “International agreements duly put into effect bear the force of law. No appeal to the Constitutional Court shall be made with regard to these agreements, on the grounds that they are unconstitutional. In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail”. So the Convention is a part of the Turkish Law.

Q.- The figure of Children’s Ombudsman doesn’t exist in Turkey. What would be the impact of such a figure on the national child protection system? Are there any plans to legislate for the establishment of this figure in Turkey?

A.- I must say that Children’s Ombudsman would indeed be very effective in the national child protection system and the rights of children. It would have positive impact on Children Laws, because the civil society and the NGO’s concerning the children’s and women’s rights are very active in Turkey. The Turkish society is very dynamic concerning the protection of children. Any regulation on the positive discrimination for protecting the children will be widely supported by the Turkish public. There will be a strong information exchange and communication between the NGO’s and the ombudsman. As to why we do not still have Children’s Ombudsman: The Turkish Parliament passed a law in 2006, establishing the institution in general. The Constitutional Court found this law unconstitutional and overruled it. However, the constitutional amendments that were recently accepted by the Parliament added provisions to article 74 concerning the establishment of ombudsman in general. If the amendments are ratified as a result of the referendum, a law will be made, to regulate the institution including an ombudsman who will be in charge of child affairs.

Q.- Which are the obstacles to the improvement of children’s rights in Turkey?

A.- The main obstacle seems to be the incomplete infrastructure for the educational, supportive and preventive measures that are defined in the Child Protection Law. The child is referred to the Social Services and Child Protection Institution for protection, however this institution holds all kinds of children including orphans. The administration of this institution is reluctant for obvious reasons, they do not want to have children dragged into criminality together with other children. So in time the Institution must be reorganised so as to have available and separate places for the each of the three groups of children (1.the children dragged into criminality, 2. child victims and 3 children in need of protection, such as street children), who need different sorts of environment, treatment and education.

Q.- What kind of national child protection system exists in Turkey and what resources are devoted to the care and best interest of the child?

A.- The Child Protection Law (2005) treats all the children equally, i.e. the same protective measures are applied to the children dragged into criminality, children in need of protection and child victims (considered also as children in need of protection too): counseling, education, health, care and shelter precaution. All these are free. The main organization that coordinates all these measures for all the three groups is the Directory of Social Services and Child Protection. The provisions of the Turkish Civil Code, Child Protection Law, and the Law of Directory of Social Services and Child Protection related the protection of children can be applied to child victims too. There are provisions in the Code of Criminal Procedure and Child Protection Law so as to protect the child victims from secondary victimization and give them minimum harm. For example children are to be heard only once during the investigation (articles 52 and 234 of the Criminal Procedure Code). A social worker is to be present for help during the interrogation (questioning) and this will be recorded (video and voice recording). These recordings will later be used in all phases of the trial. Any precaution that will restrict the freedom (prison sentence) of children who are dragged into criminality is applied as a last resort (ultima ratio). Arrest is not allowed for children under 15 and for those above 15, only for acts that have considerably high penalty. Oh the other hand, there are provisions as alternatives to prison sentence such as reconciliation, postponing the commencement of the public prosecution up to five years (for juveniles under 15 it is three years). If the child does not commit any crimes within this period, it shall be decided that there is no reason for a public case. Probation, postponing the announcement of the verdict etc.. are applicable to children too.

Q.- The issue of children’s rights is one of the crucial components in the negotiation process and relations between the EU and Turkey, and the protection of children in the country is an important objective set by the EU. What should be done to prevent child abuse in Turkey? What progress has been made? And what remains to be done?

A.– Child Protection Law of 2005 is indeed one of the laws passed within the EU negotiation process and EU standards are taken into consideration. However, the desired results are not yet reached. The main reason for this is the sub-culture of those who apply the law, the largeness of the Turkish territory and the population it covers. For the prevention of child abuse, there are heavy penalties in the Criminal Code (art.97, 98, 232, 233) as well as precautions in the Turkish Civil Code and the Family Protection Law. For the prevention of child abuse, it is necessary to create awareness in the society. So children should be trained as to what abuse is, what to do in abuse cases etc..

Q.– Regarding juvenile justice systems in Europe, which are the main differences between the Turkish juvenile justice system and those of other European countries?

A.– I consider the main difference as the minimum age of criminal responsibility, which is 12 in Turkey. In the other European Countries it is higher. Criminal responsibility starts at 14 in Austria, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Germany, Hungary, Italy, Kosovo, Latvia, Romania, Serbia, Slovakia, Slovenia and Spain. It starts at 15 in Czech Republic, Finland, Iceland, Norway and Sweden.

Q.- The number of crimes committed by minors has peaked in recent years, forcing Turkey to rethink the prosecution and trial of children. What reform package will be made in Turkey according to the Justice Minister Sadullah Ergin?

A.- I am not in contact with the Justice Minister, but I was informed very recently by one of my former students (Judge Balo, who works as the director for a department of the Ministry of Justice), that the number of children within the scope of responsibility (ages 12-18) is about 8 850 000. According to the General Directory of Judicial Statistics, every year the number of criminal cases initiated for children is 110 000. According to the Law on Terror (art. 5) the punishment for those who participate in crimes of terror is doubled and there is no exemption for children. However, a draft law is abolishing this rule. This draft also has a provision that juveniles will not be tried in the specialized (terror and organized crime) court established for the adults. Law on Terror art. 13 states that for crimes of terror, postponing of the announcement of the punishment, converting prison sentence to other precautions and the postponing of the punishment may not be applied; not even for juveniles. This article is also to be amended so that these alternatives can be applied to children.

Q.- How does Turkey compare to other European countries with respect to the number of young people in custody?

A.- I am not in the position to make a comparison with other European countries, but according to the Child Protection Law, children under 15 can neither be arrested nor can they be taken in custody for the acts that require the maximum punishment under 5 years.

Q.– Can you inform us about the situation of street children and street gangs in Turkey? Are there any rehabilitation programmes, homes and educational initiatives for street children to rejoin society in Turkey?

A.– There are street children in Turkey. Some are homeless. Some of them have families and their parents use them as beggars or street vendors. If necessary their parents are deprived of the custody and the children are cared for by the Directory of Social Services and Child Protection. They get all the precautions in the child Protection Law.

Q.- What psychological, mental help resources are available for youths with such needs in Turkey (meaning minors living with augmented risk factors and actual offenders as well)? Are there officially any specific units for this target group?

A.- The Ministry of Health is responsable for such children. If necessary the parents lose the custody and the children are taken care of, by the Directory of Social Services and Child Protection.

Q.- What more do you think should be done for children of Turkey?

A.- In conclusion, I would like to say that, Child Protection Law is a big step in juvenile justice, but there are still other laws that have to be changed and facilities to be constructed, experts to be educated so that a better world for children in need of help, child victims and children dragged into criminality is created. Another thing to be done is adding special provisions to the Criminal Code about young adults. In the Law of Execution of Punishments and Protective Measures, there are provisions for establishing separate places in the prisons for the execution of young adults’ punishments. So I can say that the Turkish authorities know that this group is special too and must be kept away from adults.