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Turkey - Consideration of reports submitted by States parties under Article 12(1) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography: Initial reports of States parties due in 2004 [2005] UNCRCSPR 31; CRC/C/OPSA/TUR/1 (24 August 2005)
UNITED NATIONS
|
|
CRC
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|
Convention on the Rights of the Child
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Distr. GENERAL
CRC/C/OPSA/TUR/1 24 August 2005
Original: ENGLISH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 12 (1) OF THE OPTIONAL
PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN,
CHILD PROSTITUTION
AND CHILD PORNOGRAPHY
Initial reports of States parties due in 2004
TURKEY* **
[22
June 2004]
* This report has not been edited before being submitted
for translation.
** Annexes can be consulted with the secretariat.
GE.05-43736 (E)
081205
CONTENTS
Paragraphs Page
Introduction 1 - 8 3
Paragraph 1 of the guidelines 9 4
Paragraph 2 10 4
Paragraph 3 11 - 51 4
Paragraph 4 52 - 54 9
Paragraph 5 55 - 81 10
Paragraph 6 82 - 85 21
Paragraph 7 86 - 94 29
Paragraph 8 95 - 99 30
Paragraph 9 100 32
Paragraph 10 101 - 102 32
Paragraph 11 103 - 104 33
Paragraph 12 105 -130 33
Paragraph 13 131 - 143 39
Paragraph 14 144 - 153 41
Paragraph 15 154 - 161 43
Paragraph 16 162 44
Paragraph 17 163 - 170 44
Paragraph 18 171 - 173 45
Paragraph 19 174 47
Introduction
- The
Convention on the Rights of the Child (CRC), to which our Country is a Party,
was signed in 1990, ratified in 1994, and became
part of the domestic
legislation with the Law numbered 2054 published in the Official Gazette in
1995. The General Directorate of
Social Services and Protection of Children
Agency (SSPCA) has been designated as the "Coordinating Organization"
responsible for
monitoring the implementation of the fundaments and principles
and provisions of the CRC.
- Articles
35 and 36 of the CRC read: "States Parties shall take all appropriate national,
bilateral and multilateral measures to prevent
the abduction of, the sale of or
traffic in children for any purpose or in any form." "States Parties shall
protect the child against
all other forms of exploitation prejudicial to any
aspects of the child's welfare." This optional protocol consists of measures
aimed at increasing social awareness and sensitivity to the issue, ensuring the
implementation of the existing legislation and providing
more widespread
treatment of the issue at international levels.
- The
Optional Protocol in question includes definitions of the sale of children,
child prostitution and child pornography and requires
the States Parties to take
national and international measures on this issue. There are also regulations
in the Optional Protocol
to prevent the violation of international treaties in
cases of child adoption.
- As
defined in the Optional Protocol on the Sale of Children, Child Pornography and
Child Prostitution, States Parties are expected
to formulate legal provisions to
punish the perpetrators of the crimes such as the use of a child for the purpose
of sexual exploitation,
transfer of organs of the child for the sake of profit,
engagement of the child in forced labor, violation of the relevant international
legal instruments on adoption. States Parties shall take all appropriate
measures to provide assistance to the victims of such offences,
with the aim of
their full social reintegration and full physical and psychological
recovery.
- In
the preparatory stage of the report, letters were sent to the governorates
requesting the list of the non-governmental organizations
(NGOs) working in this
field. Although there are many NGOs working in the field of child, few NGOs are
known to conduct activities
targeting the issue. Yet, child exploitation and
ignorance units established by the relevant departments of the universities and
children’s rights commissions established by the bars are conducting work
on this subject.
- Under
the coordination of the General Directorate of SSPCA, a commission consisting
of 31 representatives of the relevant Ministries,
universities, bars
and non-governmental organizations was established and this commission embarked
on the preparatory activities
for the report. In line with the decisions taken
at the meetings, necessary information was provided with the participation of
relevant
people and NGOs. Moreover, the professionals in this area throughout
Turkey were contacted, and they contributed to these works
by the opinions and
information they provided on this subject via the Internet.
- Three
sub-commissions were established to study three specific areas: Existing Status,
Legislation and Internet.
- This
report prepared in line with the guidelines related to the first report which
must be submitted by the States Parties (CRC/OPSA/1).
Paragraph 1
- The
existing legislation in our country includes provisions prohibiting child
pornography, child prostitution and the sale of children.
Furthermore, the
draft Turkish Penal Code (TPC) brings more effective sanctions.
Paragraph 2
- Articles
228, 229, 231, 236, 94, 95, 105, 106, 107, and 108 of the draft TPC defines the
sale of children, child prostitution and
child pornography as a separate type of
crime.
Paragraph 3
- For
the implementation of the Protocol in domestic law, necessary amendment to
Article 90 of the Constitution have been made, to ensure direct application
of the Protocol to domestic law.
- No
reservation has been made to any article of the Protocol in question.
- The
cooperation among the Social Services and Child Protection Agency, the Ministry
of Justice, the Ministry of Health, the Ministry
of Interior, universities and
non-governmental organizations concerning the issue is ensured under the
coordination of the Ministries
at the central level, and by their rural
organizations in the regions. This coordination is undertaken in the form of
training seminars,
symposiums, congresses, and projects.
- The
General Directorate of Social Services and Protection of Children Agency has
been designated as the "Coordinating Organization"
responsible for monitoring of
the implementation of the principles and provisions of the Convention.
- The
duty of coordination with respect to the Optional Protocol in question has been
given to the General Directorate of Social Services
and Child Protection Agency
at the central level, and to the Provincial Directorates of Social Services at
the provincial level.
- With
the circular no. 14, issued by the Prime Ministry on 26 May 2000, the working
principles for the coordinating organization were
laid down as monitoring the
nationwide implementation of the Convention on the Rights of the Child, and
conducting the necessary
coordination activities and the "Higher and Lower
Boards of Monitoring and Assessment of the Rights of the Child" were
established.
- In
the National Action Plan in which all public bodies and non-governmental
organizations (NGOs) working in the field are included
under the coordination of
Social Services and Child Protection Agency, training of the target groups,
professionals, society leaders,
mass media, and the society was planned for the
period 2005-2015, and the responsible and
cooperating organizations were determined. Within the scope of the National
Action Plan, it was planned that the provisions of the
Optional Protocol would
be promulgated extensively, and training concerning the children and their
parents would be made using suitable
methods.
- The
Children’s Rights Center of Istanbul Bar prepared a handbook on the
prevention of sexual abuse for parents, teachers and
all adults who are in
charge of children.
- The
Association for Promoting Women Handwork of the Social Center of the Provincial
Directorate of Social Services of Çanakkale
Governorate organized
activities for the "World Day for the Prevention of Sexual Harassment of
Children."
- Under
the organizational structure of İzmir Governorate, “Sub-Commission on
Child Exploitation and Negligence of the Child”
and “Family
Commission of the Executive Board of Children’s Rights” conduct
several activities.
- Several
articles on the subject were published in the journal of the Medical Faculty
of 19th of May University and in the local press for
increasing social awareness and providing information was ensured.
- Department
of Juvenile Health and Diseases of the Aegean University conduct training
activities to inform the medical personnel and
the society on child exploitation
and negligence and to prevent it. "Aegean University Medical Faculty Child
Exploitation and Ignorance
Monitoring and Prevention Commission" was
established.
- In
the Social Centers of the Social Services and Child Protection Agency, trainer
training courses were held with the participation
of 39 professionals
(social service specialist, psychologist, child development specialist) between
1-4 November 2001 with the aim
of increasing social awareness on the Convention
on the Rights of the Child, sale of children, child prostitution, and child
pornography,
protection of the rights of the child, and creation of a national
agenda on the issue. 520 children in 8 provinces were trained
by this
program.
- With
a view to establishing primary schools sensitive to children’s rights and
gender, the children’s rights training
module, the children under risk
module, and gender sensitivity module were prepared in the academic period
2003-2004. These modules
which contain the approaches to the children under
risk and communication strategies, the measures to be taken and the guidance
characteristics
were prepared for students, teachers and families. In the
primary schools, gender sensitive training is given by class teachers
and
advisor teachers especially to the students who are in the period of puberty
concerning the negative effects of the websites
containing pornographic
elements.
- The
General Command of Gendarmerie conducts activities to prevent the forcing and
instigating of children to engage in sexual activity
and the use of them in
prostitution or pornographic shows.
- The
UN High Commissioner for Refugees organized four training courses for the
nongovernmental organizations, the bars, and the security
forces concerning
child kidnapping and child pornography within the scope of asylum, and these
training courses continue.
- The
Ministry of Justice has conducted three activities for the training of judges
and prosecutors working in the areas dominated by
such crimes, and the
activities continue.
- The
process of signature and ratification of the optional protocol in question has
been announced by the coordinating organization
to all public bodies and
organizations, universities and governorates.
- The
Child Rights Center of Istanbul Bar has organized several events to inform the
teachers and advisor teachers on children’s
rights and child exploitation,
and forensic medicine experts on the prevention of child ignorance and
exploitation.
- In
our country, 11 Youth Consultation and Medical Service Centers were opened in
Ankara, İzmir, Diyarbakır, Gaziantep, Antalya,
Adana, and Mersin in
2004. The medical personnel working in these centers were given a 10-day
training with practical and theoretical
content before the start of
services.
- In
April 2002, a 5-day training course was given to the relevant personnel from the
Ministry of National Education and 40 advisor
teachers selected from 20
provinces concerning the Convention on the Rights of the Child, domestic legal
practices, working children,
the measures to be taken against the exploitation
of children, and the protection of children from prostitution and
pornography.
- In
May 2004, 150 administrators, advisor teachers and primary education inspectors
selected from 25 primary schools in Ankara, İzmir
and Van were trained
about the schools sensitive to children’s rights, communication with
children under risk, and child-friendly
schools.
- On
29 May 2004, a training course was organized for 30 advisor teachers selected
from various provinces on the communication with
children under risk, child
prostitution, prevention of child pornography, techniques for communication with
parents, approaches to
and guidance services for such children, prevention of
child exploitation, and techniques for approaching such children.
- With
a view to eliminating child labor and child exploitation, this issue was
included within the 5year working program of the Ministry
of National
Education, and in 2002, the implementation of the "Project of Directing
Children Working in the Streets to Education"
was initiated and 250 teachers
were trained with the collaboration of the Ministry and trade unions.
- In
the "Project of Directing Working Children to Education" conducted by Labor
Inspection Board of the Ministry of Employment and
Social Security in
İzmir, a training program was organized for 250 teachers in cooperation
with the Ministry of National Education,
departing from the importance of the
experience and interest of teachers in children for increasing their training
capacities. The
training program included the rights of the child,
psycho-social conditions of working children, their family characteristics,
methods
for increasing their training capacities and communicating with them and
there was an exchange of experiences and knowledge between
labor inspectors and
teachers.
- Within
the scope of the "Project of Schools Improving Health in Europe", teachers
from 94 primary schools in 81 provinces were trained
about the rights of
the child.
- The
personnel working in Gendarmerie Child Centers have been given a special
training at the Istanbul University Faculty of Law and
the Forensic Medicine
Institute for 9 weeks concerning the protection of children, child psychology
and communication. Taking into
consideration the needs found out during the
training, the cooperation with the Forensic Medicine Institute for the training
of the
personnel continue.
- Since
13.04.2001, the General Directorate of Security has been conducting Juvenile
Police in-service training courses, and up to now,
1700 staff members have been
trained. Training activities are in progress throughout the country.
- 19th
of May University introduced the course named "Child Exploitation and
Ignorance". The students in the Forensic Medicine Department
were trained on
child negligence and exploitation under the course of Forensic Medicine, and
they were informed about the identification
of such cases and the steps that
physicians should take. Under the scope of
public health internship, all
interns are given training concerning child exploitation and negligence.
- Istanbul
University Juvenile Health and Diseases Department organized a "Trainer Training
Seminar" for the people working as forensic
specialists (April 2003). In May
2002, "Child Exploitation Working Group" consisting of 24 interdisciplinary
people was formed under
the leadership of the Social Pediatrics Department.
- Within
the scope of the training program organized by the UNICEF and the Social
Services and Child Protection Agency for the specialists
working with
street-living children in the centers subordinated to the Social Services and
Child Protection Agency in 2003, Health
Again and Training Association conducted
short training activities concerning the psycho-social approach to the children
subjected
to sexual exploitation, the approach to drug addiction, and anger
suppression.
- Following
the entry into force of the Branch Regulation of the General Directorate of
Security, 761 staff members from the trained
personnel were transferred to the
branch at the first step. The schedule concerning the appointment of 141
Juvenile Police Officer
Branched staff members who were to be appointed in 2003
out of 761 staff members who were transferred to the branch was made. In
the
courses organized in 16 provinces throughout the country, 554 staff members were
trained in 2003.
- "The
Juvenile Police In-Service, Minor Protection In-Service Trainer Training
Handbook," and "the Interpol Good Practices Handbook
for Specialists on the
Crimes Committed against Children," were prepared to be used in the juvenile
police in-service trainings and
distributed to the relevant places in
cooperation with the General Secretariat of the Interpol.
- In
2003, a commission was established within the Ministry of Justice to determine
the status of the existing legislation concerning
children and its compatibility
with the international conventions, and to draft a new law based on its
findings. Under the coordination
of the
Social Services and Child Protection Agency, the Ministry of Justice and
UNICEF conducted a second study to find out the compatibility
of the UN
Convention on the Rights of the Child with domestic law, and the resulting
report is expected to be published soon.
- In
our country, the process of preparation of the second CRC Implementation
Monitoring List is still in progress. In this process,
country practices, the
difficulties encountered, and the solutions proposed concerning the CRC and the
optional protocol will also
be specified.
- Monitoring
concerning the Internet aspect is conducted by the Ministry of Interior, and the
relevant units and their activities are
stated
below:
(a) Information Crimes Investigation Office: Internet
and Information Crimes Branch Directorate was established due to an increase in
the Internet access and in the number of
information crimes parallel to the
world trend. The Office continuously monitors the developments concerning
information crimes,
investigates possible actions and measures to be taken
against unauthorized access and damage to computer systems, identifies the
standards for the training of personnel on these crimes and contacts national
and international organizations working on information
crimes;
(b) Computer Crimes and Information Security Board: The Board
was established on 18.04.1998 with the aim of conducting research on
computer crimes and information security and eliminating
the legal loopholes in
this field and with the participation of one staff member from the Departments
of Public Order, Data Processing,
Interpol, Intelligence, Smuggling and
Organized Crimes, Anti-Terror, and Operations, and the Legal Counseling
Office;
(c) Computer Crimes Working Group: Computer Crimes and Information
Security Board established a working group among its members to conduct
studies and research on computer
crimes, in line with the importance of these
crimes which are highly expected to be among the most important types of crimes
in the
future. In the report prepared by the Computer Crimes Working Group,
computer crimes were classified, the duties of the Departments
were specified,
and the steps to be followed in the spot of a computer crime were explained.
- In
order to ensure the participation of the society and to facilitate the
functioning of complaint mechanism about such websites,
the complaint facilities
and information on the legal procedure to be followed are listed in the website
of the General Directorate
of Security.
- The
important challenge for the police organization is the lack of legal provisions
that facilitate cooperation with police organizations
of the relevant countries
when the routes in several countries are used or a foreign service provider is
utilized in the crimes committed
via the Internet.
- In
1998, Internet Supreme Board (ISB) was established under the coordination of the
Ministry of Transportation. The purpose of this
board was to ensure widespread
access to Internet and act as a catalyst in the co-regulation attempts by the
sector concerning the
relatively
harmful effects of the Internet. In this context, a group consisting of
representatives from the Ministry of National Education,
the Ministry of
Interior, the Ministry of Justice, the General Directorate of Social
Services and Child Protection Agency, service
providers, and universities is
conducting activities on possible actions and measures to be taken against the
negative effects of
the Internet, especially on the young people.
- In
our country, access to Internet is not at desired levels. Emergence of the
Internet cafes has contributed to the increase in the
access to Internet. Legal
provisions applicable to the Internet cafes are stated in the "Regulation on the
Procedures for Regulated
Workplaces" published in the Official Gazette no.
23922, dated 30.12.1999. Thus:
- − The
workplaces which will be operated like a "gaming place" for gaming and
entertainment purposes by maintaining PCs with
Internet access, electronic or
mechanic game machines and tools or by allowing PC gaming shall be at least 200
m far away from educational
organizations, and the licenses of such places shall
state that they have the quality of a gaming place, and minors at an age below
18 shall not be allowed to enter such places;
- − Internet
café operators and users shall be properly notified that the computers
shall be configured to deny access
to the Internet websites having gambling,
betting or pornographic content, and the access to the websites having any
criminal element
shall not be allowed.
- Moreover,
the Regulation prohibits the copying, renting, or sale through copying, of
unlicensed movies or movies without banderole
with unknown content, computer
software, digital data and computer games, and their CDs or similar
equipments.
Paragraph 4
- The
Optional Protocol in question contains actions and measures for ensuring the
viability of the provisions of the CRC on sale of
children, child prostitution,
and child pornography, and the more comprehensive national and international
treatment of the protection
of the rights of children in these areas. In this
context, the Protocol will be useful in increasing social awareness and
sensitivity
in these areas and ensuring the implementation of our legislation on
the protection of children from sexual exploitation and abuse.
In line with
Articles 35 and 36 on the protection of children from all kinds of sexual
exploitation and abuse of the Convention
on the Rights of the Child, which
identifies universal standards in the protection of child rights and which
contains provisions
on the care, protection and securing various rights of
children, the optional protocol on the sale of children, child prostitution
and child pornography was formulated to ensure the functioning of the provisions
of the CRC in these areas.
- In
all activities conducted for the children within the scope of this protocol, the
CRS and fundamental rights and principles are
taken into consideration.
- In
the preparatory stage of the report, letters were sent to the governorates
requesting the list of the non-governmental organizations
working in this
field. Although there are many nongovernmental organizations working in the
field of children’s rights, few
NGOs are known
to conduct activities targeting this issue. Yet, child negligence and
exploitation units established by the relevant departments
of universities and
children’s rights commissions established by the bars are working on this
subject. Under the coordination
of the General Directorate of SSPCA,
a commission was established consisting of 31 representatives of the
relevant Ministries, universities,
bars and nongovernmental organizations was
established, and this commission embarked on the preparatory activities for the
report.
In line with the decisions taken in the meetings, necessary information
was provided through the participation of relevant people
and NGOs.
Paragraph 5
- This
is the first report submitted. It was accepted by Turkey on 20.04.2001. In the
meantime, the deficiencies in fields of education,
training, information,
legislation, etc., were determined, and they were included in the laws, draft
laws and action plans.
- The
Internet Commission established in the Communication Council held
between 2021 February 2003 in Ankara with the participation
of public
bodies and organizations, universities, and non-governmental organizations took
the following decisions in principle on
the subject.
- Programs
for training the people working at various levels in the judicial process should
be implemented; special procedures should
be determined regarding specialization
areas such as the identification of evidence in information and communication
technologies,
and the determination of harmful content; and steps should be
taken for paving the way for the establishment of specialized courts.
- In
the Internet publication, the concept of harmful content should be taken into
consideration within the framework of generally accepted
concepts such as "child
pornography", "racism and violence", etc., in international standards, and the
establishment of a self-control
mechanism among organizations providing content
hosting services should be supported.
- The
regulations to be formulated in the criminal law with respect to the Internet
and information and communication technologies should
be made in compliance with
the international practices, should be flexible enough to reflect technological
development, and should
not make concessions on the principle of "no crime and
punishment without law" and the rule of law, and should ensure extensive
participation
of all related parties. In the legal regulations to be
formulated, the definitions, the authorized units, and duties and
responsibilities
of these units should be specified. During the procedural
transactions to be performed at the stage of examination, investigation,
and
prosecution of information and communication technologies, there may be
practices which undermine the secrecy of private life
and which limit
communication freedom; therefore, the investigation and prosecution procedures
should be defined in detail in the
laws, and it should be ensured that all
procedural transactions are subject to judicial review by court order. In
this framework,
it was proposed that the draft Turkish Penal Code and the
draft Turkish Code of Criminal Procedure (TCCP) should be
discussed.
- It
was emphasized that special programs should be developed for the training on the
subject of all personnel at all levels of the
judicial process from judges and
prosecutors to security forces.
- In
the Declaration on Freedom of Communication on the Internet by the Council of
Ministers of the European Council dated 28.05.2003,
it was stressed that the
freedom of communication on the Internet should not violate human dignity, human
rights and fundamental
freedoms of others, especially of minors under age, and
it was declared in principle that public authorities should not deny public
access to information or other communication on the Internet through general
blocking or filtering measures without taking into consideration
the boundaries,
however this should not prevent the installation of filters for the protection
of minors in places accessible to
minors such as schools and libraries.
- Türk
Telekom A.Ş. should ensure that Internet users are not subjected to
inconvenient content containing violence, pornography,
alcohol, terror, etc.,
which they (may) confront when they are automatically redirected by certain
websites to other websites or
which they request to open. In order for parents
worrying about their children’s correct use of Internet not to prohibit
Internet
access, a model should be developed whereby the rules of Internet
access are defined by the parents, and thereby young people are
protected from
harmful content such as gambling, pornography, etc. Thus, Türk Telekom
A.Ş. should provide a service of
optional blocking and filtering of
the Internet content.
- Internet
law is a controversial field where different applications are rather common
throughout the world. The most important factor
is the lack of a framework
which will ensure national and international cooperation with respect to
identification of and response
to harmful content without undermining individual
freedoms and freedom of communication. Another challenge in this respect is the
insufficient number of personnel and lack of infrastructure.
- As
specified also in the framework defined by the Declaration on Freedom of
Communication on the Internet by the Council of Ministers
of the European
Council and the Convention on Cyber Crimes by the European Council, the failure
by Internet Service Providers (ISP)
to maintain regular access records, the fact
that the periods set forth for keeping such records are insufficient and cannot
be standardized,
and that there are not legal regulations on this subject are
limitations. Therefore, necessary regulations must be formulated at
the
shortest time possible taking into consideration the internationally
accepted conventions and declarations.
- The
budgets allocated by the Social Services and Child Protection Agency, the
Ministry of Justice and the Ministry of Health are given
below. Although the
Ministry of National Education, the Ministry of Interior and local
administrations do not make a special allocation
under the scope of the Protocol
in question, the general budgets allocated by the organizations providing
services mainly and primarily
to children are specified below.
Table 1
SSCPA budget allocated to children in need of
protection
million TL
|
General budget
|
SSCPA budget
|
Ratio of SSCPA budget to general budget %
|
Share allocated to family and child services
|
Ratio to SSCPA budget %
|
2002
|
98 131 000 000
|
121 619 000
|
0.12
|
55 770 000
|
45.8
|
2003
|
147 230 170 000
|
229 993 000
|
0.15
|
93 500 000
|
40.6
|
2004
|
150 658 129 000
|
297 828 000
|
0.19
|
153 609 000
|
51.5
|
Table 2
SSCPA extrabudgetary incomes allocated to children
in need of protection
million
TL
Year
|
Incomes obtained as per Law No. 3418-4760
|
Share allocated to family and child services
|
Ratio to incomes obtained as per Law No. 3418-4760
%
|
2002
|
71 395 760
|
18 449 018
|
25.8
|
2003
|
17 543 204
|
4 086 278
|
23.2
|
2004
|
4 991 850
|
901 722 000
|
18.0
|
Table 3
SSCPA disabled children budget
million TL
|
General budget
|
SSCPA budget
|
Ratio of SSCPA budget to general budget %
|
Share allocated to disabled children
|
Ratio to SSCPA budget %
|
2002
|
98 131 000 000
|
121 619 000
|
0.12
|
11 427 000
|
9.4
|
2003
|
147 230 170 000
|
228 993 000
|
0.15
|
24 441 000
|
10.6
|
2004
|
150 658 129 000
|
297 828 000
|
0.19
|
36 502 600
|
12.2
|
Table 4
General Directorate of SSCPA extrabudgetary
income
as per Law No. 3418-4760
million TL
|
Incomes obtained as per Law No. 3418-4760
|
Share allocated to disabled children
|
Ratio to incomes obtained as per Law No. 3418-4760
%
|
2002
|
71 395 760
|
5 905 857
|
8.2
|
2003
|
17 543 204
|
1 320 284
|
7.5
|
2004
|
4 991 850
|
253 123
|
5.0
|
Table 5
Ministry of Health
|
General budget
|
Budget of Ministry of Health
|
Mother/infant health and family planning
|
Budget for basic medical services
|
Amount
|
General budget %
|
Amount
|
MoH budget %
|
Amount
|
MoH budget %
|
2002
|
97 831 000 000
|
2 345 447 691
|
2.40
|
52 025 850
|
2.22
|
|
0.00
|
2003
|
146 806 170 000
|
3 570 054 000
|
2.43
|
67 392 412
|
1.89
|
1 029 350 900
|
28.83
|
2004
|
149 858 129 000
|
4 787 751 000
|
3.19
|
86 682 100
|
1.81
|
1 515 444 300
|
31.65
|
Table 6
Budget of Ministry of Health
million
TL
Year
|
39/A
|
39/B
|
MIHFP
|
BMS
|
MIHFP
|
BMS
|
2001
|
|
3 323 000 000
|
74 440 000
|
398 376 930
|
2002
|
177 000 000
|
2 048 528 000
|
Set to zero (0) as per decision of the Council of Ministers No.
2003/5142
|
2003
|
|
2 281 258 833
|
As per Law No. 3418 (thousand TL)
- In
the illegal publications sections of the statistics for the period 1998-2001 of
the General Directorate of Security, child pornography
comes through the
Interpol with a ratio of 40%. 25% consists of displaying of pornographic
contents in Internet cafes, etc., or sale
of such CDs.
- According
to the data from the General Directorate of Security, the commonest type of
Information Crimes in our country is the copying
and sale of pornographic
CDs.
- According
to the data from the SSCPA, there has been a significant increase in cases of
incest, physical and emotional exploitation
by family, and extra-family sexual
exploitation while taken under protection. In 2000, children taken under
protection due to incest,
physical and emotional exploitation by family, and
extra-family sexual exploitation accounted for 7% of all children taken under
protection that year. In 2002, this figure increased to 12%.
- In
a study on children who were victims of incidents determined by the gendarmerie
forces, it was found out that 8.477 children were
victims of such incidents in
2001, 15.772 in 2002, and 19.608 in 2003. Examination of crimes in
2003 in which children were affected
revealed that 1.649 cases of kidnapping of
girls, women or men and 735 cases of sexual crimes occurred (indecent acts,
rape, attempted
rape, breaking chastity with promise of marriage, instigation to
prostitution, trading and commissioning of women).
Table 7
Allocations sent by the General Directorate of
detention houses and prisons
of the Ministry of Justice (MoJ) to convicted
children
|
General budget
|
MoJ budget to general budget
|
Budget allocated to children to DHP budget
|
To MoJ budget allocated to children
|
To MoJ budget allocated to children
|
Amount
|
Ratio (%)
|
Amount
|
Ratio (%)
|
Amount
|
Ratio (%)
|
Amount
|
Ratio (%)
|
2002
|
98 100 000 000 000 000
|
808 141 000 000 000
|
0.82
|
303 424 000 000 000
|
37.55
|
4 037 000 000 000
|
1.33
|
4 037 000 000 000
|
0.57
|
2003
|
146 485 000 000 000 000
|
1 114 931 000 000 000
|
0.76
|
365 727 500 000 000
|
32.8
|
4 941 750 000 000
|
1.35
|
4 941 750 000 000
|
0.44
|
2004*
|
150 658 129 000 000 000
|
1 368 435 000 000 000
|
0.91
|
509 254 000 000 000
|
37.21
|
5 019 128 000 000
|
1.97
|
5 019 128 000 000
|
0.73
|
* Since the allocations for 2004 consist of the allocations
sent in the first six months, this is the projected value.
Table 8
Child incidents statistics form (Crimes against
Person) year 2002
|
Number of suspects
|
Number of victims
|
Caught
|
Deserted
|
Dead
|
Injured
|
Other
|
Turkish
|
Turkish
|
Turkish
|
Foreign
|
Turkish
|
Foreign
|
Turkish
|
Foreign
|
F
|
M
|
F
|
M
|
F
|
M
|
F
|
M
|
F
|
M
|
F
|
M
|
F
|
M
|
F
|
M
|
Child kidnapping
|
4
|
7
|
1
|
1
|
0
|
0
|
0
|
0
|
1
|
6
|
0
|
0
|
28
|
20
|
1
|
0
|
Taking hostage
|
0
|
4
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
0
|
0
|
Threat
|
20
|
385
|
1
|
7
|
0
|
0
|
0
|
0
|
13
|
22
|
1
|
0
|
77
|
116
|
5
|
0
|
Ill-treatment to family members
|
19
|
69
|
0
|
3
|
0
|
0
|
0
|
0
|
236
|
187
|
1
|
0
|
114
|
58
|
2
|
0
|
Insult and bad language
|
19
|
87
|
0
|
1
|
0
|
0
|
0
|
0
|
5
|
5
|
1
|
1
|
33
|
18
|
0
|
0
|
Indecent acts
|
3
|
183
|
0
|
1
|
0
|
0
|
0
|
0
|
36
|
11
|
0
|
0
|
390
|
64
|
0
|
0
|
Rape
|
12
|
303
|
0
|
12
|
1
|
0
|
0
|
0
|
86
|
60
|
0
|
0
|
252
|
64
|
3
|
1
|
Attempted rape
|
4
|
169
|
0
|
2
|
0
|
0
|
0
|
0
|
24
|
32
|
0
|
0
|
154
|
84
|
2
|
0
|
Breaking chastity with the promise of marriage
|
1
|
67
|
0
|
1
|
0
|
0
|
0
|
0
|
69
|
1
|
0
|
0
|
181
|
4
|
1
|
0
|
Instigation to prostitution, women trading and commissioning
|
39
|
62
|
2
|
1
|
0
|
0
|
0
|
0
|
5
|
0
|
2
|
0
|
63
|
3
|
6
|
0
|
Table 9
Services provided in adolescent centers in
2004
|
Number of applicants
|
Number of examinations
|
Number of consultations
|
Number of psychological consultations
|
Adana No. 1-2
|
664
|
316
|
348
|
342
|
Ankara No. 9
|
1 343
|
926
|
263
|
146
|
Antalya No. 1
|
727
|
599
|
317
|
|
Bursa No. 2
|
367
|
235
|
127
|
110
|
Diyarbakır Şehitlik
|
190
|
80
|
116
|
11
|
Gaziantep Abdulkadir Konukoğlu
|
126
|
74
|
15
|
4
|
İzmir No. 2
|
499
|
53
|
246
|
266
|
İzmir No. 8
|
1 486
|
981
|
527
|
367
|
İzmir No. 12
|
1 925
|
1 566
|
332
|
|
Mersin M. İnan
|
585
|
338
|
383
|
116
|
Total
|
7 912
|
5 168
|
2 674
|
1 362
|
- The
following provisions of the Turkish Penal Code (TPC) concern information crimes
and child pornography on the Internet:
- − Although
information crimes are dealt with in Article 525 of TPC, this Article does not
include any provision concerning child
pornography;
- − Article
426 of the TPC on indecent publications is generally applied to child
pornography. This Article envisages only fines
as sanctions;
- − Articles
427 and 428 of the TPC contain penalties for those who publish and sell these
material. These penalties are limited
to fines.
The
penalty related to Articles 426, 427 and 428 is five years.
- The
provisions of the draft Turkish Penal Code are as follows:
- − Article
228: Whoever reads, makes children read, listen to or display the content of,
exposes, sells or distributes obscene
materials, etc., to children shall be
sentenced to six months to two years in prison and fined;
- − Article
228/2: Whoever publishes obscene materials through the press or the media shall
be sentenced to six months to three
years in prison and fined;
- − Article
228/3: A person who employs children in the production of obscene materials
shall be sentenced to ten years in prison,
and a person who imports into the
country, reproduces, sells, keeps, or makes available to other people's use such
obscene materials
shall be sentenced to two to five years in prison, and
fined.
The penalties are five years for 228/1-2, and 10
years for 228/3:
− Articles 245-248 relate to information crimes, but do not include
specific provisions on child pornography;
− Article 136: Privacy: A person who discloses images or audio data
concerning private lives of people shall be sentenced
to one to three years in
prison. In case of such disclosure made through the press or the media, the
penalty shall be increased
by one half.
The penalty is 10
years:
− Article 31 of the Law numbered 3984: The fundamentals and principles
for broadcasting and services in any technological
and communication medium
shall be drafted by the supreme board and submitted to the Higher Board of
Communication. The compliance
of such broadcasting and services with the
legislation is audited by the supreme board.
- In
Turkey, there are legal regulations aimed at protecting children from sexual
harassment. As per Article 11 of the Law numbered
255 on Police Duties and
Powers, “Those who produce or sell any type of audio or visual works of a
nature contrary to public
morality and etiquette shall be prevented whether or
not there are complaints about them. Real or corporate persons who make
recordings
on audio or video cassettes for commercial purposes are required to
submit copies of such cassettes to governmental authorities before
publication.”
- As
per Article 12 of the same Law, “Employment of young girls and woman in
casinos, bars, cafes and places selling alcoholic
beverages, baths, Turkish
baths, and beaches is subject to approval by governmental authorities. Women
and men aged below 21 shall
not be employed in such places. Even if
accompanied by a guardian, the police shall prohibit anyone who is not yet 18
years old
from entering bars, pubs or other such places serving
alcohol.”
- The
provisions of the Turkish Penal Code on penalties for sexual harassment against
children are stated below:
(a) As per Article 435 of the Turkish
Penal Code:
“Those who instigate a child aged below 15 to prostitution and those
who intermediate prostitution are sentenced to at least
two years in prison with
heavy fine.
“Where the above-mentioned acts are committed by the victim’s
brother or sister, adopting parents (ascendant, ascendant
by affinity) parents
or legal guardian, teacher, trainer or by the care taker or other persons who
were entrusted to take care of
the victim, the offender’s prison sentence
shall be at least three years.”
(b) In case of sexual harassment of children, the following penalties shall
be applied:
(i) As per Article 414, “Whoever ravishes a child who has not completed
fifteen years of age shall be heavily punished by not
less than five years of
imprisonment. If this act is performed, by using force, violence or threats, or
against a person who, because
of a physical or mental defect or on account of a
fraudulent means used by the perpetrator, was not in a state to resist the
offender,
the minimum sentence shall be 10 years of imprisonment. Those who act
against the dignity and honor of a child aged below 15 shall
be sentenced to two
to four years in prison, and in case such acts are performed under the
conditions described in the second paragraph
of the foregoing Article, the
prison sentence shall be 3 to 5 years.”
(ii) As per Article 416, “Whoever ravishes a child who is over fifteen
years of age, by using force, violence or threats, or
a person who, because of a
physical or mental defect or on account of a cause other than the perpetrator's
action or on account of
a fraudulent means used by the perpetrator, was not in a
state to resist the offender, shall be punished by imprisonment sentence
of not
less than seven years. Having sexual intercourse with a minor with the consent
of the minor, is subject to imprisonment of
six months to three years, provided
that his offense is not punishable more severely.”
(iii) As per Article 417, “If the offences specified in the foregoing
articles are committed by more than one person or by
the parent, legal guardian,
tutor, teacher or servant of the victim or by a person under whose care the
victim was placed, or by
a person who had authority over the victim, the
offender shall be subject to an increase by one half of the punishment
prescribed
by the law.”
(iv) As per Article 418, “If the foregoing acts and actions lead to the
death of the victim, the offender shall be sentenced
to life imprisonment for
life.”
(v) As per Article 273 of the Civil Code, “In case it is determined that
the physical or mental development of the child is
at risk or if the child is
emotionally deserted, the judge may order the removal of child from his/her
parents and his placement
to another family or an
institution.”
(vi) As per Article 274 of the Civil Code, “The judge may deny parents if
they fail to perform their parenthood duties or seriously
neglect their child.
When parents are severed of their parenthood right, a legal guardian is
designated for the child. This provision
also applies to children to be born in
the future.”
“Those who change or destroy the
heredity of a child is sentenced to one to five years in prison” (Article
445).
“Those who conceal the identity of a child born in wedlock and desert
him/her in hospital or streets shall be sentenced to imprisonment
for three
months to two years. In case the person who commits the foregoing act is a kin
of the child, the sentence shall be increased
to one to three years”
(Article 446).
(vii) As per Article 478 of the Civil Code, “Whoever maltreats a child
below the age of twelve shall be imprisoned for thirty
months. Where the
maltreatment is performed by a member of the family of or kin of the child, the
punishment shall be imprisonment
from three months to three years.”
(viii) As per Article 545 of the Penal Code, “Whoever collects children
aged below 15 and forces to them to do begging or who
instigates or allows a
child left to his/her care to beg shall be sentenced to at least three months in
prison and fined to ...”.
- In
the Turkish legal system, child kidnapping is regulated under the Chapter titled
“Crimes Against Freedom of Person”
of the Turkish Penal Code, and is
considered as a crime which limits the freedom of the person and which is
committed against the
will of the person. Whoever illegally deprives a person
of his/her freedom shall be sentenced to one to 5 years in prison and heavily
fined. In case the offender uses force or threat or commits this act for taking
vengeance, obtaining material benefits or for reasons
arising from difference in
religious, political, ideological and social views or for taking the victim to
another country for military
recruitment, the sentence shall be heavy
imprisonment of three to eight years and heavy fine. As per Article 179 of the
Turkish
Penal Code, “In case the foregoing acts are performed by two or
more persons or with the threat of using firearms, the sentence
shall be
increased by one half.” As per Article 180 of the Turkish Penal Code,
“In case the offender frees the person
who is deprived of his/her freedom
on his/her own will and without causing any harm to him/her and before
investigation without fulfilling
his/her aim, the sentence shall be decreased to
one sixth or one half.” Those who instigate a child aged below 15 to
prostitution
and those who intermediate prostitution by the act of misleading
are sentenced to at least two years in prison. Where the above-mentioned
acts
are committed by the victim’s brother, parent, legal guardian, adopting
parent, teacher, tutor, caretaker or other persons
who were entrusted to take
care of the victim, the offender shall be imprisoned for at least three
years.
Table 10
Types of services provided by SSCPA to girls
subjected to commercial sexual
exploitation and number of such girls as of
December 2003
|
Name of organization
|
Capacity
|
Number of total children accessed
|
Number of children sent to school
|
Number of children attending school
|
Number of children returning to family
|
No. of children taken to employment
|
Number of children taken under protection
|
Number of children addicted to drugs
|
Number of children whose family is accused
|
No. of families convicted
|
2
|
Istanbul Taksim child and youth center
|
Boarding 15
|
184
|
1
|
1
|
1
|
|
|
3
|
2
|
|
3
|
Istanbul Bahçelievler Çogem
|
Boarding 20
|
12
|
9
|
9
|
|
1
|
5
|
7
|
1
|
1
|
Table 11
Categorization of children taken under
protection
|
Year
|
2000
|
%
|
2001
|
%
|
2002
|
%
|
Incest
|
27
|
1
|
39
|
1
|
42
|
1
|
Physical and emotional exploitation by family
|
265
|
5
|
425
|
7
|
562
|
10
|
Extra-family sexual exploitation
|
48
|
1
|
67
|
1
|
49
|
1
|
- Kidnapping
for ransom, which is among reasons of kidnapping, is covered in
Article 449 of the Turkish Penal Code. As per this Article,
“Whoever kidnaps or imprisons a person for the purpose of obtaining money,
such documents as legally valid deed for real
estate etc., shall be
sentenced to 15 to 20 years of heavy imprisonment if they cannot
achieve
their purpose. If they achieve their purpose, the upper limit of the penalty
shall be applied.”
- In
the Turkish legal system, those under the age of 18 are considered as children
though the age of 15 is taken as basis for certain
acts (Article 182 and
435).
- Adoption
is regulated in Articles 235-258 of the Turkish Civil Code. For adoption,
mutual consent of persons and the permission from
a court are required.
However, there are cases whereby newborn infants are kidnapped from hospitals
for adoption, and some families
with low income and many children attempt to
sell their newborn infants.
- The
Turkish legislation on kidnapping, sale and trading of children is in compliance
with the Convention on the Rights of the Child.
Turkish authorities,
nevertheless, continue to strive for further improvement in this area.
- An
outline of the applicable basic legislation on the issue is attached as appendix
I.
- For
the decisions by the Supreme Court and by the Council of State, see
annexes.
Paragraph 6
- The
draft Turkish Penal Code, which contains legal provisions related to acts and
actions described in Article 3 of the Optional Protocol,
and which will bring
numerous new measures against child exploitation, is included in the report.
The following is a graphic presentation
of the proposed
changes:
Existing legislation
1. Sexual exploitation:
Attempted rape
(a) Age limit TPC 415: Whoever attempts to rape a minor under
the age of 15 shall be sentenced to imprisonment of two to four years.
|
Draft legislation
1. Sexual exploitation:
Attempted rape
(a) Age limit
Draft 106/1: All kinds of sexual acts against a person who is aged below
15 or who is, though aged above 15, incapable of comprehending
the legal
consequences of the act, shall be punishable with imprisonment to three to
eight years.
|
TPC 416/2: Whoever attempts to rape a person who is over fifteen years of
age, by using force, violence or threats, or a person who,
because of a physical
or mental defect or on account of a cause other than the perpetrator's action or
on account of a fraudulent
means used by the perpetrator, was not in a state to
resist the offender, shall be punished by imprisonment for 3 to
5 years.
|
Sexual acts against other children using force, threat, fraud or based on
other reasons affecting will shall be punishable with imprisonment
to three
years to eight years.
|
(b) Aggravating and mitigating circumstances
415/2: Whoever attempts to ravish a person aged below 15, by using force,
violence or threats, or a person who, because of a physical
or mental defect or
on account of a cause other than the perpetrator's action or on account of a
fraudulent means used by the perpetrator,
was not in a state to resist the
offender, shall be punished by imprisonment for 3 to 5 years.
417: If attempted rape is committed by more than one person or by the
parent, legal guardian, tutor, teacher or servant of the victim
or by a person
under whose care the victim was placed, or by a person who had authority over
the victim, the offender’s punishment
shall be increased by one half.
|
(b) Aggravating and mitigating circumstances
106/3: In case the offense of sexual exploitation is performed by a person
from the ascending line, a relative by blood or marriage
at secondary or
tertiary level, stepfather, adopter, legal guardian, trainer, tutor, caregiver,
or a person providing medical services
or a person under whose care the victim
is placed, or through misfeasance of service relationship, the punishment shall
be increased
by one half.
106/4: In case the sexual exploitation is committed against a child aged
below 15 through force or threat, the punishment shall be
increased by one
half.
|
|
106/5: In case the violence resorted to during sexual exploitation lead to
heavy injury as may be caused by purposeful injury, then
the offender shall be
punished also for purposeful injury.
|
|
106/6: In case the victim becomes comatose and dies, then the
offenders shall be sentenced to life in prison with solitary confinement.
|
(c) Penalty 102/4: The penalty for attempted rape
is 5 years.
|
(c) Penalty
69/d: The penalty is 12 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
Rape
(a) Age limit
TPC 414: Whoever rapes a minor under the age of 15 shall be sentenced to a
minimum of 5 years of imprisonment.
TPC 416: Whoever ravishes a person who is over fifteen years of age,
by using force, violence or threats, or a person who, because of a physical or
mental defect or
on account of a cause other than the perpetrator's action
or on account of a fraudulent means used by the perpetrator, was not in
a state
to resist the offender, shall be punished by heavy imprisonment for not less
than seven years.
|
Rape
(a) Age limit 106/2: In case sexual exploitation is performed
against a person who is aged below 15 or who is, though aged above 15,
incapable
of comprehending the legal consequences of the act, by inserting organ
or other object to body, the punishment shall be imprisonment
for 8 years to 15
years.
|
(b) Aggravating circumstances
417: If attempted rape is committed by more than one person or by
the parent, legal guardian, tutor, teacher or servant of the victim or by a
person under whose care the victim was placed,
or by a person who had authority
over the victim, the offender shall be subjected to a punishment increased by
one half.
418: If the foregoing acts and actions lead to death of the victim, the
offender shall be sentenced to imprisonment for life. If the act in question
leads to disruption in medical status of the victim, the sentence shall be
increased by one half.
|
(b) Aggravating and mitigating circumstances
106/3: In case the offense of sexual exploitation is performed by a person
from the ascending line, a relative by blood or marriage
at secondary or
tertiary level, stepfather, adopter, legal guardian, trainer, tutor, caregiver,
or a person providing medical services
or a person under whose care the victim
is placed, or through misfeasance of service relationship, the punishment shall
be increased
by one half.
106/4: In case the sexual exploitation is committed against a child aged
below 15 through force or threat, the punishment shall be
increased by one
half.
106/5: In case the violence resorted to during sexual exploitation lead to
heavy injury as may be caused by purposeful injury, then
the offender shall
be punished also for purposeful injury.
106/6: In case the victim becomes comatose and dies, then the offenders
shall be sentenced to life in prison with solitary confinement.
|
(c) Penalty 102/3: The penalty for rape is 10 years.
|
(c) Penalty
69/d: The penalty is 12 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
Sexual intercourse with a person under age:
(a) Age limit
416/3: Whoever has sexual intercourse with a person under age, shall be
imprisoned for six months to three years, provided that his
offense is not
punishable more severely.
|
Sexual intercourse with a person under age:
(a) Age limit
107/1: Whoever has sexual intercourse with a child aged over fifteen
without force, threat or fraud shall be sentenced to six months
to 2 years in prison upon complaint.
|
(b) Aggravating circumstances
417: If attempted rape is committed by more than one person or by the
parent, legal guardian, tutor, teacher or servant of the victim
or by a person
under whose care the victim was placed, or by a person who had authority over
the victim, the offender shall be subjected
to a punishment increased by one
half.
418: If the foregoing acts and actions lead to death of the victim, the
offender shall be sentenced to imprisonment for life.
If the act in question leads to disruption in medical status of the victim,
the sentence shall be increased by one half.
|
(b) Aggravating circumstances
107/2: In case the offenders is 3 or more years older than the victim, the
punishment shall be increased by two without requiring
complaint.
|
(c) Penalty 102/4: The penalty for sexual intercourse with a
person under age is 5 years.
|
(c) Penalty
69/e: The penalty is 6 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
Instigation to prostitution:
(a) Age limit
435: Those who instigate a child aged below 15 to prostitution and
those who intermediate prostitution are sentenced to at least
two years in
prison.
If this offence is committed against person aged above 15 but below 21, the
offender shall be sentenced to 6 months to 2 years in
prison and fined.
|
Instigation to prostitution:
(a) Age limit
229/1: Those who instigate a child to prostitution, paves the way for
prostitution, supplies for this purpose and those who intermediate
prostitution
are sentenced to 4 years to ten years in prison, and fined
five thousand TL.
|
(b) Aggravating circumstances 435/2: If the offense of
instigation is committed by the victim’s brother or sister, ascendant,
ascendant by affinity, husband,
natural or appointed guardian, teacher, tutor,
servant or supervisor, the offender shall be imprisoned at least three
years.
|
(b) Aggravating circumstances
229/5: In case this is performed by a person from the ascending line by
blood or marriage, brother, adopter, legal guardian, trainer,
tutor, caregiver
or a person under whose care the victim is placed, or through misfeasance of
service relationship, the punishment
shall be increased by one half.
229/6: In case this offense is committed under an organized activity
established for this purpose the punishment shall be increased
by one half.
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(c) Penalty 102/4: The penalty for instigating to prostitution
is 5 years.
|
(c) Penalty
69/d: The penalty is 12 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
Kidnapping and sale of children:
(a) Age limit
430: Whoever through force, violence threats or fraud and under lascivious
feeling or with the intention of marriage, abducts a person
under age or detains
her in a place shall be punished by heavy imprisonment from five to ten
years.
431: If the victim is aged below 12, the offence of kidnapping and
confinement shall be punished with imprisonment for at least five
years.
|
Kidnapping and sale of children:
(a) Age limit
112: Whoever deprives a person from his/her freedom by illegally taking
him/her to a place or forcing him/her to stay in a place
shall be sentenced to
one year to five years in prison. 112/f: In case this offense is committed
against a child or a person who is incapable of defending himself/herself, the
punishment
shall be increased by two.
|
(b) Aggravating and mitigating circumstances
430: In case the minor has consented to the abduction or detention in
a place the punishment for the offender shall be imprisonment
from six months to
three years.
432: In case the offender delivers the victim to her
family without any lascivious act, the punishment for the offender shall be
imprisonment from one month to six years.
433: In case the offense is
committed with the intention of marriage and no act of rape is committed, the
punishment shall be decreased
by 1/3 to 1/2.
434: If the abducted or
detained girl or woman and one of the accused or convicted get married, the
punishment shall be suspended.
|
(b) Aggravating and mitigating circumstances
112/c: If the offense is committed by more than one person,
or
112/d: through malfeasance of public authority service,
or
112/e: against spouse or a person from the ascending or descending
line, the punishment shall be increased by two.
|
(c) Penalty 102/3: The penalty for child kidnapping is 10
years.
|
(c) Penalty
69/d: The penalty is 12 years starting from the date of offense if the
upper limit of punishment is more than 5 years.
69/e: The penalty is 6 years starting from the date of offense if the
upper limit of punishment is less than 5 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
- Transfer
of organs for profit:
Existing penal code does not bring any
regulation on this subject.
(a) Age limit
It is regulated by the Law on Removal, Storing and Transfer of Organs and
Tissues.
|
- Transfer
of organs for profit:
(a) Age limit
94: Whoever takes an organ from a person without a legally valid consent
shall be shall be sentenced to 5 years to 9 years in prison.
|
Article 5 - It is prohibited to taking organs or tissues of people
who are under age of 18 and who are capable of discrimination.
Article 15 - Those who take, remove, store, implant or transfer or
sell, purchase or commission tissues or organs in violation of this Law shall
be
sentenced to two years to four years in prison and fined 50.000 TL to 100.000
TL, if the offense does not require more severe
punishment.
|
|
(b) Aggravating circumstances
|
(b) Aggravating circumstances
94/7: In case this offense is committed as an activity of a corporate
person, the measures against corporate persons shall be applied.
|
(c) Penalty 102/4: The penalty for the offense of organ transfer
is 5 years.
|
(c) Penalty
69/d: The penalty is 12 years.
69/6: In case this offense is committed by a person from the ascending
line to the victim or a person who has authority on the victim,
the penalty
shall start after the child reaches the age of 18.
|
Subparagraph (d)
- Although
it is not specified in paragraph 1 of Article 3 of the Optional Protocol, there
are no other acts or actions which are regulated
as crimes or offenses in the
penal codes of that state party.
Subparagraph (e)
- Under
the current penal code, corporate persons are not liable. However, as per the
draft Turkish Penal Code, corporate persons shall
also be
liable.
Subparagraph (f)
- This
is stated under paragraph 5.
Paragraph 7
- In
our country, there is no effective monitoring mechanism concerning the adoption
services. Establishment of family courts, the
amendments to the Civil Code, and
the measures included in the new draft Penal Code taking into consideration the
international conventions
will bring improvement in this field. The adoption
services in our country are regulated by Article 305-320 of the Civil Code,
and
the Regulation on Adoption issued by our Agency.
- As
per Article 305 of the Civil Code, for adoption to be effected, the child must
be cared and trained by the potential adopter for
one year and adoption is
considered for to the benefit of the child, and as per Article 316, all kinds of
circumstances and conditions
must be thoroughly investigated, and if necessary,
specialist opinion must be taken.
- As
per Article 308, in cases where the child is capable of comprehension the
adoption is prohibited if it is contrary to his/her consent.
- As
per Article 309 and 310, adoption needs the consent of the minor’s
biological mother and father, recorded as a minute in
a court, and a period is
specified for withdrawing such consent.
- Article
311 describes the cases in which the consent of biological parents is not
required.
- As
per Article 320, intermediary actions in the adoption of minors can be practiced
only through those organizations that are authorized
by the Council of
Ministers, and such matters shall be regulated by a by-law. In this context,
the General Directorate of Social
Services and Child Protection Agency, which
actually conducts the adoption transactions, has prepared a draft ByLaw, and the
legalization
of this by-law is progress. Following the entry into force of this
bylaw, significant improvements will be made for the protection
of children
since under this bylaw, investigations will be made concerning adoption.
- In
the Regulation on Adoption issued by the SSCPA, the requirements for potential
adopters are described in detail. Under this Regulation,
investigations are
made concerning the potential adopters, who are required to provide
evidence on their status. In the one-year
period before adoption in which the
child is placed, the SSCPA conducts necessary investigations.
- On
14.01.2003, with the Law no. 5049, our country ratified the Hague convention on
the protection of children and cooperation on international
adoption, and this
Law entered into force on 01.09.2004. The law in question regulates the
adoption matters, and brings measures
for the prevention of kidnapping, sale or
trading of children by securing their fundamental rights. The Regulation on
Adoption issued
by the Social Services and Child Protection Agency and the draft
bylaw in question are in compliance with the Hague Convention.
- For
cases of international adoption, the files are processed though the
International Social Services (ISS), which at the same monitors
the oneyear
probation period.
Paragraph 8
Subparagraph (a)
- As
for the governing jurisdiction in case the acts or actions specified in
paragraph 1
of Article 3 of the Optional Protocol are committed within the
borders of the state party
or aboard a vessel or plane registered with the
state party, the general principle in criminal cases is that governing law and
judicial
organs are those of the state of the country in which the
crime is
committed. In this context, in Article 10 of the Turkish Code of Criminal
Procedure, it is stated that the court of the
place where the crime is
committed is authorized to process the case.
- In
Article 11 of the Turkish Code of Criminal Procedure, special rules for
jurisdiction concerning the crimes committed aboard, or
using, marine or air
vehicles. Under this Law, two places are authorized jurisdictions if such
vehicles carry a Turkish flag and
the crime is committed outside Turkey: the
court of the first port of calling and the court of the anchoring port in
Turkey. The
court of the port or territorial waters containing the vehicle on
which the crime is committed is authorized in case the crime is
committed within
Turkish territorial waters, and the court of the port of calling is authorized
in case the crime is committed within
another domain or international
waters.
Subparagraph (b)
- As
for the cases in which the suspected person is the citizen of the state party or
the domicile of this person is within the borders
of the state party, the
Turkish Penal Code contains the following provisions:
- − Article
3 - A person who, in Turkey, commits a felony shall be punished in accordance
with Turkish laws, and even if s/he
is convicted in a foreign country, s/he will
be retried in Turkey. A foreigner who is convicted for such an act or action
outside
Turkey shall be retried in Turkey upon request of the Ministry of
Justice;
- − Article
5 - A Turkish citizen who, in foreign countries, commits a felony other than one
mentioned in Article 4, entailing
a punishment under Turkish law which restricts
personal liberty for a minimum period of three years, shall be punished, in
accordance
with Turkish laws, if he is in Turkey. If the felony committed
entails a punishment restricting liberty for a minimum authorized
period of less
than 3 years, the initiation of prosecution may be upon the complaint of the
injured party or the foreign Government.
If the victim is a foreigner, the act
must also entail a punishment according to the law of the country where it was
committed;
- − Article
6 - A foreigner who commits a felony other than one mentioned in Article 4, in a
foreign country, against Turkey or
a Turk, entailing punishment restricting
liberty for a minimum period of one year under Turkish law, shall be punished in
accordance
with Turkish laws, if he is in Turkey. However, institution of
prosecution is subject to the request of the Ministry of Justice
or the
complaint of the injured party. If the felony is committed against a foreigner,
the perpetrator shall be punished upon the
request of the Ministry of Justice,
provided the following conditions exist:
1. The act,
according to Turkish law, entails a punishment restricting liberty for a minimum
authorized period of not less than three
years;
2. No extradition treaty exists or the extradition of the perpetrator is
rejected by the Government of the State in whose territory
the felony was
committed, or by the State of which the offender is a citizen.
If a Turk or Foreigner commits felonies described in Chapter VIII, of Part 3
of the Turkish Penal Code in a foreign country, prosecution
shall be
instituted directly, and the perpetrator shall be subject to the punishments
provided for in the Articles of that Part.
− As per Article 8 of the Code of Criminal Procedure, for Internet crimes,
when the perpetrator's place and the place of Internet
access are known, and
where the employees of the Internet service provider are not perpetrators, the
point of access to the Internet
shall be taken as basis for determining the
governing court. In case the employees of the service provider are
perpetrators, then
place where the head office of the company is place will be
taken as basis.
Subparagraph (c)
- For
the case in which the victim is the citizen of the state party, Article 7 of the
Turkish Penal Code is applicable:
Article 7 - In case a foreigner
who commits a felony in a foreign country, against Turkey or a Turk, is
convicted or acquitted by
a foreign court, s/he shall be retried by Turkish
courts. If the punishment given is less than punishment specified in the
Turkish
Penal Code for that offense, then the punishment is increased so as
to complete the specified punishment. If the reasons for acquittal
or
non-prosecution are not compatible with Turkish laws, punishment is given. In
this connection, institution of prosecution is
subject to the request by the
Ministry of Justice. In cases of insult and bad language through the Internet,
prosecution shall be
subject to the request of the victim as per the Code of
Criminal Procedure.
Subparagraph (d)
- This
is regulated in Article 6/3 of the Turkish Penal Code. If the felony is
committed against a foreigner, the perpetrator shall
be punished upon the
request of the Minister of Justice, provided the following conditions
exist:
1. The act, according to Turkish law, entails a punishment
restricting liberty for a minimum authorized period of not less than three
years;
2. No extradition treaty exists or the extradition of the perpetrator is
rejected by the Government of the State in whose territory
the felony was
committed, or by the State of which the offender is a citizen. If a Turk or
Foreigner commits felonies described
in Chapter VIII, of Part 3 of the Turkish
Penal Code in a foreign country, prosecution shall be instituted directly, and
the perpetrator
shall be subject to the punishments provided for in the Articles
of that Part.
For the case in which the victim is the citizen of the state party, Article 7
of the Turkish Penal Code is applicable.
Paragraph 9
- This
is specified in Article 6 of the Turkish Penal Code.
Paragraph 10
- Extradition,
investigation and follow-up of criminals can be defined as process in which a
person who commits a crime under the jurisdiction
of a State and deserts to the
country of another State or who happens to be in that State is caught upon the
request by the State
having the jurisdiction and delivered to that State.
Extradition is one of most effective mechanisms of international judicial
cooperation.
- Our
legal system does not have a specific mechanism for extradition. There are
several provisions in different laws on this issue
such as Article 38 of
the Constitution, Article 9 of the Turkish Penal Code, and Article 2 of the Law
on Institution of Enforcement Place of Penal Code numbered 825. In
practice, extradition is carried out according to extradition treaties between
Turkey and the requesting state, or, in the absence
of such treaty, on the basis
of reciprocity. The European Convention on Extradition, to which Turkey is a
party since 1960, is the
most referred conventions concerning extradition. No
request has been made to the Ministry of Justice concerning extradition as
per
the provisions of the Protocol in question.
Paragraph 11
Subparagraph (a)
- This
is included in Article 36 of the TPC, Articles 86 and 392 of the Code of Penal
Code, and Article 54 and 55 of the draft TPC.
Subparagraph (b)
- In
the draft TPC, corporate persons are also liable, and the confiscation of the
revenues is provided for.
Paragraph 12
Subparagraph (a)
- Our
current penal code does not include a specific mechanism for protecting the
victim on the grounds that the prosecutor already
protects the rights of the
victim. In practice, this leads to significant problems with respect to victims
who are children. While
suspects are provided with lawyers free of charger as
per the Code of Criminal Procedure, the child victims feel themselves
defenseless
and excluded from the system.
- The
draft Penal Code contains special provisions only for instigation to
prostitution. Article 229/8: "Those who are instigated
to prostitution are
provided treatment and rehabilitation."
- The
existing situation is not satisfactory with respect to the protocol. In this
regard, the Ministry of Justice has prepared draft
provisions concerning the
child victims. Ankara Bar provides legal counseling to child victims whether or
not they are poor. There
is no crisis and support center or other
mechanism.
- Laws
do not contain provisions for providing lawyers to the victim. Provision of a
lawyer to child victims aged below must be obligatory.
- In
Juvenile Offices, social service specialists and psychologists are employed.
However, their numbers are insufficient, and service
cannot be provided in all
offices.
Subparagraph (b)
- Age
determinations are made using bones and teeth by the Forensic Medicine
Organization and in the Forensic Medicine Departments of
universities. The
first Forensic
Odontology of Turkey has been established in the Forensic Medicine Department
of the Faculty of Medicine of Ankara University, and
first certified Forensic
Dentists have been trained. The training continues.
Subparagraph (c)
- As
per Article 11 of the Civil Code, being under age, minors aged below 18 are
represented by their parents or legal guardians before
courts. Thus, it is a
right and requirement for parents or legal guardians to participate in trail
together with children. In accordance
with the Regulation on Legal Counseling
Aid, poor victims are provided by bar with lawyers free of charge upon their
request. However,
this system does not automatically operate and is not well
known, and therefore, it is not effectively used. Ankara and Istanbul
Bars have
amended their bylaws in order to eliminate this problem, and now, all child
victims are automatically provided with lawyers
free of charger whether they are
poor or not. Moreover, with a joint activity initiated by Ankara Bar and Ankara
Juvenile Police
Branch, it was ensured that lawyers accompanied children who
were victims of sexual abuse, and informed them of their rights while
their
testimonies were taken.
Subparagraph (d)
- Brochures
were prepared aimed at informing children in cooperation with the
Ministry of Justice, bars and other organizations. The
activities for
informing the children in closed organizations are underway. The bylaws related
to prisons contain regulations on
the issue.
Subparagraph (e)
- The
related organizations continue their in-service trainings on the
issue.
Subparagraph (f)
- Social
service specialists and psychologists are employed in the police and gendarme
units working with children. There are efforts
at providing such specialists to
all children. In juvenile courts and family courts, social service
specialists, psychologists and
child development specialists are employed, and
there are efforts at providing psychosocial support to child victims.
Subparagraph (g)
- The
Law on the Supreme Board of Radio and Television, and the Code of Criminal
Procedure contain provisions on the issue.
Subparagraph (h)
- Attacks
against public servants are considered as an aggravating circumstance in
the TPC. Although the establishment of private security
systems is a
positive development, it is not sufficient. There are efforts at the
development of the legislation on the protection
of witnesses.
Subparagraph (i)
- There
are general procedures on this subject. There is no specific provision on the
subject. As per Article 230 of the TPC, a public
servant who causes undue delay
may be subject to investigation on grounds of negligence of duties.
Subparagraph (j)
- The
Convention on the Rights of the Child, the Constitution, laws and the Law on
Social Services and Child Protection Agency numbered 2828 provides for the
formulation of urgent measures concerning
the child negligence and exploitation.
Also, in 1997, with the Decree Having Power of Law numbered 572 annexed to the
Law numbered
2828, the child and youth centers started to provide services to
the children living and/or working in the streets and the girls
who were
sexually exploited for commercial purposes.
- The
purpose of the Law numbered 2828 is to regulate the fundaments and principles
concerning the social services provided to the families,
children, disabled,
aged or other people requiring protection, care and help, and the establishment,
duties, powers, responsibilities,
activities, and revenues of the organized
established in order to conduct such services. In this scope, services are
provided through
day care centers, rehabilitation centers and similar
organizations.
- Child
and Youth Centers are defined as social service organizations with or without
boarding facilities established in order to ensure
rehabilitation and
re-socialization of children and young people who are deserted in the streets
due to disagreement between spouses
and other reasons and who are socially at
risk.
- Currently,
there are 39 Child and Youth Centers providing services to children living
and/or working in streets, and two of these
centers are focused on girls who
were sexually exploited for commercial purposes.
- By
promulgation by the Ministry of Interior of the Regulation on Juvenile Police,
the Circular on the Protection of the Family, the
Circular on the Volatile
Agents, the Circular on Prohibition of Handcuffing of Children, and the Circular
on the Juvenile Police,
the protection of child victims is secured.
- With
a view to increasing the effectiveness of the duties of the Gendarme Command
protection of children from crimes and preventing
them from committing crimes,
Bahçeşehir Child Center was established as affiliated to the
Istanbul Provincial Gendarme
Command and started operation on 23 October 2001.
Afterwards, Gendarme Child Centers were established in Ankara, İzmir,
Aydın,
and Erzurum.
- In
their fields of responsibility, the Child Centers subordinated to the General
Command of Gendarme perform the following:
- They check
whether children aged below 18 are employed in places open to public, whether
children enter into places selling alcoholic
drinks, and whether children are
employed in places where employment of children is prohibited;
- They check
whether alcoholic drinks, tobacco products, pornographic materials, obscene or
indecent materials, volatile agents, drugs,
or addictive materials are sold
to children;
- They notify
security forces concerning the places acting in violation of the
legislation.
- "Legal
Counseling Aid to Child Victims Unit" of Child Rights Center of Istanbul Bar was
established on 01.01.2001. This unit provides
legal counseling services to
children who are victims of negligence and exploitation.
- Within
framework of the Project for Psychosocial Support for Children Living in
Streets non-governmental organizations provided psychosocial
support
services to approximately 200 children staying in the Child and Youth
Centers of the Social Services and Child Protection
Agency, including the
center providing services to the girls who were sexually exploited for
commercial purposes.
- With
the "Regulations on the Establishment, Duties and Operation of Juvenile
Branch/Office of the General Directorate of Security"
prepared with a view to
improving
he services provided by the Security Organization to children
based on the existing legislation and especially on the UN Convention
on the
Rights of the Child, the services for the children who need protection and help,
who are deserted, whose identities cannot
be determined,
who live in
streets, who are abandoned, who seek refuge and similar children and the all
administrative or criminal investigations
of child suspects are performed by the
Child Branches or Offices.
- Juvenile
Police is providing services in 81 provinces, and they are given in-service
training concerning the development characteristics,
behavioral sciences,
interview techniques, and communication skills for the children aged between 0
and 18. Thus, benefits of children
are preserved during the transactions
performed by the security forces. Child Branches are providing services through
Child Care
Units with full facilities in 43 provinces.
- A
National Action Plan has been prepared taking into consideration the targets,
strategies and actions stipulated in the UN Action
plan and departing from
the activities conducted up to now in order to protect and improve the rights of
the children aged up to
18 including those in puberty in Turkey, and with a view
to determine the priorities and timelines of the future actions.
- In
this scope, the targets for 2005, 2010 and 2015 concerning quality education,
health, HIV-AIDS and protection of children from
negligence, exploitation, abuse
and violence, and actions having priority are given in the following
table.
National action plan
To protect children from all kinds of sexual
exploitation including pedophilia and sale
|
Legal Provisions: Review of existing legal provisions and drafting of new
legal provisions.
Implementation of the relevant Optional Protocol to the Convention on the
Rights of the Child (A/RES/54/263, 25 May 2000).
Drafting of legal provisions concerning the crimes committed on the
Internet.
Harmonization of the definition of the offense of intra-family sexual
exploitation with international norms.
Harmonization of existing laws with international conventions, and
drafting of new laws for harmonization.
Ensuring the inclusion of incest in the Turkish Penal Code as an offense,
with special emphasis on the disabled children as the weakest
group.
Prevention of offenders of such crimes from utilization from favorable
provisions of the enforcement law.
Performing defense and support activities required for the fulfillment of
these activities.
Establishment of a commission for new legal regulations.
|
Preparation of the draft by establishing a commission until
2005
Realization of laws and all other targets until 2015
|
Ministry of Justice, Prime Ministry KSSGM, Family Research Agency, Related
nongovernmental organizations, universities, other related
organizations
|
|
Training
Conducting training activities concerning the protection of children from
all kinds of sexual exploitation including their sale.
|
|
General Directorate of Social Services and Child Protection Agency,
Ministry of National Education, Ministry of Health, Prime Ministry
KSSGM,
Family Research Agency, nongovernmental organizations, universities, SBRT,
media organizations
|
|
(a) Preparation of a standard training kit for each group with the
participation of universities and non-governmental organizations;
|
Until 2005
|
|
(b) Articulation into the programs of non-governmental organizations and
all organization conducting formal education concerning
child and family within
the training programs;
|
Until 2005
|
|
(c) Training of the trainers;
|
During 2005-2015
|
To protect children from all kinds of sexual exploitation including
pedophilia and sale (contd.)
|
(d) Training of the target groups: Family; Child;
|
During 2005-2015
|
|
(e) Training of the professionals: Medical personnel; Security
forces; Trainers; Jurists;
|
During 2005-2015
|
|
|
(f) Training of the social leaders: Religious
officers; Headmen; Other;
|
During 2005-2015
|
Department of Religious Affairs, Ministry of Interior
|
|
(g) Training of the society via mass media.
|
During 2005-2015
|
|
|
3. For ensuring the rehabilitation of sexually exploited children:
(a) Opening rehabilitation houses designed also for disabled
children;
|
Opening one rehabilitation house in each region by amending the
regulation until 2005
|
General Directorate of Social Services and Child Protection Agency,
non-governmental organizations, local administrations
|
|
(b) Amendment of the Article of the regulation preventing nongovernmental
organizations from opening organizations (ensuring the
possibility of opening
organizations under the supervision of the Social Services and Child Protection
Agency) and drafting of a
regulation concerning the establishment, operation and
inspection of private rehabilitation houses.
|
Until 2010
|
|
Paragraph 13
Subparagraph (a)
- The
Law on the Supreme Court of Radio and Television has certain provisions
prohibiting ads in which children are used. In the new
draft Penal Code, the
offenses against children are defined in a more detailed manner. Preparation of
a draft law on child victims
is in progress. It is believed that the protocol
in question will accelerate this process. Introduction of the Internet has a
past
of 13 years. There is an increasing trend in the Internet infrastructure
and access. As stated above, there have been delays in
the formation of a legal
infrastructure with respect to both users and the ISPs. However, the variety
and the number of information
crimes increase with the technological progress.
Therefore, a control mechanism must be established taking the fundamental rights
and freedoms into consideration. Since such crime may have crossborder origins,
international law and cooperation must be enhanced.
- In
Article 4 of the Law on the Supreme Board on Radio and Television, it is stated
that "broadcasts should not be obscene" (t), "all
kinds of violence and
discrimination against women, the weak and minors should not be encouraged" (u),
and "programs which may undermine
physical, mental and moral development of
children and young people should not be broadcast at times when they can watch
them" (z).
- In
this context, paragraph (t) of Article 5 of the Regulation on Fundaments and
Principles of Radio and Television Broadcasting reads:
"Broadcasting should not
contain indecent and obscene words and acts which aim at exploiting the sexual
feelings, in which individuals
are presented as sexual objects, which reduce
human body to the element of sexual provocation, and which cannot be displayed
within
a social living area. The programs which contain sexuality due to its
genre and content should be broadcast between 23:00 and 05:00
by making the
necessary audio/written warnings in order to protect the mental, emotional and
moral development of children, and in
promotion clips of such programs, the
sections containing sexual exposure should not be used, and they should be
announced after
21:30.
- Paragraph
(u) reads: "All kinds of discrimination and physical and psychological violence
against women, the weak and minors should
not be encouraged. Broadcasting
should not contain elements which justify, mitigate or provoke the intra-family
violence, battery,
sexual abuse, rape, etc., which endorse inequality in social
life and among family members, or which ignore consent, approval, representation
and wishes of women. Physical, emotional or sexual exploitation of children or
exploitation child labor should not be encouraged.
Broadcasting should take
into consideration the people's sensitivity concerning physical or mental
disabilities, and actions facilitating
the disabled people to watch programs
(such as sign language, subtitles, etc.) should be encouraged. Images
containing violence
against animal should not be broadcast."
- Paragraph
(z) reads: "The programs which may undermine physical, sexual and moral
development of children and young people should
not be broadcast at times when
they can watch them. There should not be persons or characters in the
broadcasts who can affect the
emotional, moral and social development of
children and young viewers. The programs which contain sexuality, violence, and
bad habits
(gambling, alcohol, drug addiction, bad language, suicide, etc.) due
to its genre and content should be broadcast between 23:00 and
05:00 by making
the necessary audio/written warnings and taking into consideration the different
age groups. In the promotion clips
of such programs, the sections containing
violence, sexual exposure, etc., should not be used, and they should be
announced after
21:30." Also, paragraph 10 of Article 12 of the same Regulation,
reads: "... Promotional clips for conversation, finding pairs, etc.,
in which
special phone numbers are given can be broadcast between 23:00 and 05:00..." and
the Application Guide Heading (41) reads:
"For the child programs and cartoons,
movies and TV films and serials which will be broadcast in protected hours, the
viewers/listeners
and families having different mental, emotional and social
development characteristics are informed using audio/written methods and
using
Protective Symbol System and symbols defined for certain age groups. The
application guide containing explanations and guidance
on the Protective Symbol
System defined in this Regulation shall be published by the Supreme Board. The
provisions of this guide
are taken as basis in applications concerning the
Protective Symbol System and the broadcasting is evaluated and announced in
terms
of these provisions."
- In
order to protect children from negative effects of the broadcast which include
violence, etc., the Supreme Board of Radio and
Television issued 25 penalties of
warning, defense and prohibition from broadcasting as per paragraph (z) to 7
national TV channels
in 2003, and 9 penalties as per paragraph (v), one
penalty as per paragraph (t) and 32 penalties as per paragraph (z) to the
same
channels in 2004.
- The
lawyers working in the Child Rights Center of Istanbul Bar attend continuous
trainings concerning techniques for communicating
with aggrieved minors. This
unit provides services on a 24/h basis, and applications mostly are from
sexually exploited children.
- Upon
initiation by the Ministry of Interior, and as a result of joint work of the
Ministry of Employment and Social Security and the
Undersecretariat of Foreign
Trade and Customs, the "Communiqué on Importation" concerning the control
of content quantities
of volatile and adhesive agents was promulgated in the
Official Gazette dated 10.01.1999 and numbered 23579.
- In
the circular prepared by the General Directorate of Security, it has been
requested "that decision be taken for the prohibition
of the sale of volatile
agents to children aged between 0 and 18 in accordance with Article 11/C of
the Law on Provincial Administration
numbered 5442 in order to ensure the public
peace and prevent children from committing crimes under the effect of volatile
agents,
that legal proceedings be instituted against those who violate the
decision to be announced as per Article 526 of the TPC unless
their acts
constitute another offense" from all provinces and the applications has been
implemented throughout the country.
- The
work of the "Consultation Board" for the rehabilitation of children who are
under protection and who need rehabilitation among
the General Directorate of
Social Services and Child Protection Agency, universities, the General
Directorate of Treatment Services
of the Ministry of Health, and the General
Directorate of Social Insurance Agency is underway in the form of diagnosis and
treatment
in the hospital environment.
- The
draft Law on Duties and Organization of the Internet Supreme Board has been
prepared; this Law deals with numerous issued related
to the Internet, and
empowers the Internet Supreme Board concerning the cooperation and coordination
against international Internet
criminal violations.
Subparagraph (b)
- The
cooperation with the Ministry of Justice, bars, the Ministry of National
Education, the General Directorate of Security, the Social
Services and Child
Protection Agency, the Ministry of Interior, the media, non-governmental
organizations and universities is included
in the National Action Plan
concerning the work topics of each organization, and the fields of cooperation
have been determined.
Moreover, as stated in paragraphs (c), (d), and (e) of
Article 3 of the report, activities have been initiated concerning the
actions
prohibited in the optional protocol. The National Action Plan will be
implemented after it is sent by the Ministry of Foreign Affairs
to the
secretariat of the United Nations.
Subparagraph (c)
- The
Law on Protection of Children from Obscene Materials aims at preventing the
production and dissemination of the materials defined
in the Protocol.
Paragraph 14
- Between
2001 and 2005, the General Directorate of MCHFP of the Ministry of Health
launched the "Project for Development of Strategies
for Meeting the Base
Information and Service Requirements of the Adolescents" in Bursa and İzmir
in cooperation with the UNFPA,
and the "Project for Adolescent Health and
Development" in Adana and Ankara in cooperation with UNICEF. The purpose is to
improve
the general health and development of adolescents, to develop adolescent
reproduction health concerning the training requirements
of adolescents for
reproduction health and sexual training, to increase the adolescent access to
integrated and quality reproduction
health services, and to develop a service
provision model for meeting the requirements of adolescents for base information
and service.
- The
Juvenile Police in-service trainings have been performed since 1996 in
cooperation with universities, non-governmental organizations,
bars, the
Social Services and Child Protection, ILO, the British Council, UNICEF
Turkey and the Interpol. Since 2000, 150 Juvenile
Police Officers have been
given the in-service training entitled "Juvenile Police in International
Standards" in cooperation with
the British Council and the Embassy of the
United Kingdom.
- The
Psychosocial School Project Report: the Psychosocial School Project, which has
been implemented by the Ministry of Education and
UNICEF since the earthquake in
the Marmara region in 1999, provides services to students, teachers,
administrators and families in
order to ensure protection and prevention before
critical and difficult events such as natural disasters, wars, terror,
migration,
negligence, exploitation, violence, abuse, accidents and
suicide as well as psychological support after such events. In this scope,
at the national level, the Psychosocial Prevention, Protection and Response
Unit was established under the General Directorate of
Special Training,
Guidance and Consultation Services, and at provincial level, the Psychosocial
Prevention, Protection and Response
Teams were established under the
Directorates of National Education in order to enhance the psychosocial capacity
throughout the
country. 11 books containing information and techniques
concerning psychosocial prevention and protection were prepared. Throughout
Turkey, first step psychosocial training has been completed in every
province.
- Prevention
of child labor was also included in the Government's Urgent Action Plan.
In the plan, under the heading "Actions to be
Taken for the Prevention of
Child Labor" with the code of SP 08, it was stated that actions would be taken
for a more effective implementation
of the Convention no. 182 of ILO, a minimum
employment age would be specified for all sectors taking into consideration also
the
age for completion of compulsory basic education, and it would be
effectively implemented. Under the coordination of the Ministry
of Employment
and Social Security, and in cooperation with the State Planning Organization,
the Ministry of Justice, the Ministry
of Interior, the Ministry of National
Education, and the representatives of employers and employees, the efforts for
removing children
from employment areas where they are exploited, particularly
the worst forms of child labor, have been accelerated.
- Moreover,
within the scope of the international cooperation activities by the
General Command of Gendarmerie, the cooperation with
the UNICEF and the
Embassy of the United Kingdom on the training of the personnel who serve in the
field of prevention of crimes
committed against children is in progress.
- Within
the framework of the Program for Financial Cooperation between Turkey and the
European Union, the Project for the Protection
of Children and the Prevention of
Child Criminality is conducted under the coordination of the General Command of
Gendarme and jointly
with the organizations working in the field of protection
of children and the prevention of child criminality.
- In
2003, the Training Guide for Psychosocial Rehabilitation of Children Who Were
Sexually Exploited for Commercial Purposes, and the
Self-Study Guide were
translated by the Health Again and Training Association with the collaboration
of the International ECPAT (End
Child Prostitution, Child Pornography and
Trafficking of Children for Sexual Purposes) cooperation. In the short term,
formation
of a comprehensive training program for the people working in this
field is planned, and the Training Guide will be used during the
aforementioned
Training Program. On the other hand, the Self-Study Guide is planned to be
published in a way that everyone working
in this field will have access to
it.
- Within
the scope of the Institutional Development Fund (IDF) Grant Project Proposal
submitted by the World Bank to the General Directorate
of Security, the Project
for the Juvenile Police Journal, the In-Service Trainings in International
Standards for the Personnel of
the Child Branch Directorates/Offices, a Panel on
the Activities of Child Branch Directorates/Offices, a Conference, a
Seminar and
Promotional Activities has been submitted to the Ankara Office of
the World Bank.
- There
are 181 member states of the General Secretariat of the Interpol. Children
constitute a significant part of the human trading.
This issue is discussed in
General Assemblies of the Interpol, and there are working groups of specialists
working on this issue,
which assemble annually. There are more than 150
thousand materials concerning child pornography in the Interpol. More than 100
thousands of children were identified by examining these materials. Under the
coordination of the General Secretariat of Interpol,
international operations
are conducted with the participation of related member states. Turkey has also
taken part in some of these
operations.
- In
the department of human trading and kidnapping subordinated to the
General Secretariat of the Interpol, the activities concerning
sexual
exploitation are underway. The new developments concerning the fight against
sexual exploitation are notified to Interpol
Central Offices, and the fights
continue under national legal provisions.
Paragraph 15
- Upon
initiation by the Ministry of Foreign Affairs, which is the National Coordinator
with respect to human trading, a National Taskforce
for Fighting with Human
Trading has been established. The Department of Foreigners, Borders and Asylum,
the Department of Security,
the Department of Smuggling and Organized Crimes
from the General Directorate of Security, the General Directorate of Judicial
Records,
the Ministry of Employment and Social Security, the General Directorate
of Status and Problems of Women, the General Directorate
of Social Services and
Child Protection Agency, General Directorate of Treatment Services of the
Ministry of Health, and the Human
Rights, Social Solidarity and Cooperation Fund
of the Prime Ministry take part in the activities of the National
Taskforce.
- Turkey
actively supports the activities by the OSCE and the Human Trading
Taskforce tability Pact for the prevention of human trading,
and strictly
applies the norms developed by this Forum on the investigation of the
organizers and protection of the victims. In
his respect, Turkey also
cooperates with the International Organization for Migration, SECI and
EUROPOL.
- In
Turkey, the national coordinator for international contacts concerning human
trading is the General Directorate of Consulate of
the Ministry of Foreign
Affairs. National coordination is ensured by the General Directorate of
Security with respect to security
and organized crimes, and by the General
Directorate of Status and Problems of Women with respect to protection. The
real responsibility
with respect to the international instruments on human
trading and their implementation lies with the Department of Foreign Affairs
of
the Ministry of Justice.
- However,
in connection with the victims of human trading who require physical
and psychological treatment, in the annex to the Resolution
by the Council
of Ministers dated 05.12.2003 and numbered 2003/6565, it was decided that
"the patients with foreign nationalities
who are found out to be victims of
human trading and who are incapable of paying costs of their medical treatment
be exempt from
the provisions of paragraph 1 of Article 1 of the Law numbered
4736."
- Moreover,
on 4 September 2003, the Foundation for Development of Human Resources and the
Ministry of Interior concluded a protocol
concerning the cooperation with
respect to human trading, the protection, and accommodation of victims, sending
back the willing
ones to their countries of origin, and the training of the
personnel working in this field.
- This
Protocol specifies the fields of cooperation between the Foundation for
Development of Human Resources and the Ministry of Interior,
and contains the
principles for protection and accommodation of victims of human trading.
- The
persons who are determined to be victims of human trading are given
psychological support and protection, and upon their consent,
they are sent back
to their countries.
- Up
to now, 23 people have been issued the "Humanitarian Aid Visa and Temporary
Residence Permit" in order to ensure their stay in
Turkey for rehabilitation and
treatment purposes. Also, 24 people were sent to their countries in cooperation
with the International
Organization for Migration (IOM) and with their own
will.
Paragraph 16
- The
general provisions on the issue are included in the Code of Criminal Procedure
numbered 1412. The provisions of the laws related
to the issue are given in
appendix II.
Paragraph 17
- In
connection with sale of children, child prostitution, and child pornography, the
Protocol on the Prevention, Stopping and Punishment
of Human Trading,
Particularly Trading of Women and Children, which is one of two Optional
Protocols to the UN Convention on Fighting
Cross-Border Crimes concluded in
Palermo on 12-15 December 2000, was signed by our country.
- In
paragraph (b) of Article 3 of the "Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst
Forms of Child Labor" no. 182,
which was signed within the scope of ILO and which was promulgated in
Official Gazette dated 27 June
2001 and numbered 24445, "using children in
prostitution, production of pornographic publications or pornographic images, or
supply
or presentation for these purposes" are considered as "child labor in its
worst forms."
- In
our national legislation, the concept of human trading and kidnapping of
children aged below eighteen for various purposes are
regulated in Article 201/b
of the Law numbered 4771.
- In
our legislation, the provisions prohibiting those who have sexual intercourse
with children, who instigate minors to prostitution,
who trade minors, and
sexual exploitation are included in Chapter VIII, of Part 3 of the Turkish Penal
Code. The provisions of Article
6 of the Turkish Penal Code stating "a Turk or
Foreigner commits felonies described in Chapter VIII, of Part 3 of the Turkish
Penal
Code in a foreign country, prosecution shall be instituted directly, and
the perpetrator shall be subject to the punishments provided
for in the Articles
of that Part" imply the importance attached to these offenses and the
international dimension of the issue.
In paragraph 1 of Article 414 of the
Law in question, it is provided "Whoever rapes a minor under the age of 15 shall
be sentenced
to at least five years in prison with confinement." This paragraph
prohibits sexual intercourse with minors with or without their
consent. Article
415 of the Law in question prohibits the cases of attempted rape against
children aged below 15. Articles 435
and 436 of the same Law deal with
"instigation to prostitution." The purpose of these articles is to prevent the
instigation of
children, women, and even men, to prostitution through force,
violence, influence, or other ways.
- When
the offense of instigation to prostitution is committed by more than one
person:
- − In
Article 313 of the Turkish Penal Code, the punishment for "those who establish
or participate in organizations or gangs
for the purpose of committing felonies
in any manner" is specified. Since instigation to prostitution, intermediation
of prostitution,
and women trading are felonies, Article 313 of the TPC can be
applied for the organizations established for committing these felonies;
- − Furthermore,
the Law on Prevention of Laundering of Illicit Money regards the incomes
obtained from instigation to prostitution
as defined in Articles 435 and
436 of the Turkish Penal Code as "illicit money." Therefore, in this connection,
it is possible to
resort to all measures specified in this Law for the
prevention of the laundering of these incomes.
- Pornographic
materials are regulated in Article 426, 427 and 428 of the Turkish
Penal Code. The Law on Protection of Minors from
Obscene Publications
numbered 1117 brings restrictions on printed materials which may have indecent
effect on psychology of minors.
- On
the other hand, in paragraph u of Article 4, in Chapter II on "Broadcasting
Principles", of the Law on Establishment of, and Broadcasting
by, Radio and
Television Channels numbered 3984, "non-encouragement of violence and
discrimination against women, the weak, and minors"
is listed among the
broadcasting principles that should be respected in radio, television and data
broadcasting.
- On
the other hand, as explained above, there are bilateral agreements between
Turkey and a number of countries, and the "European
Convention on Extradition"
concerning extradition.
Paragraph 18
- The
activities conducted in cooperation with the UNICEF are:
(a) In the
framework of the Republic of Turkey - UNICEF 2001-2005 Cooperation Program Main
Implementation Plan, the projects with
the related sectors are in progress. The
Inter-Sector Child Board is responsible for programming, approving, monitoring
and assessing
the Main Implementation Plans within the framework of the
cooperation with the Republic of Turkey;
(b) When the programs prepared within the scope of 2001-2005 Republic of
TurkeyUNICEF cooperation are examined: program 1: Care in
Early Childhood,
Subprojects 1.1 Mother and Child Health, Feeding, 1.2 Mother and Child
Development, Program 2: Child Adolescent
Development and Protection,
Subprojects 2.1 ChildFriendly Learning Places, 2.2 Adolescent Health and
Development, 2.3 Children in
Need of Special Protection, Program 3 Policy
Development and Enhancement of Social Participation, Subprojects 3.1 Development
of
Local Capacity in Basic Services to Child and Woman, Program 3.2
Promotion and Enhancement of Social Participation, 3.3 Women and
Child
Information Network, 3.4 Preparation Projects in Disasters and Emergencies. Of
the programs and projects in question, 2.3
Children in Need of Special
Protection of the Child Adolescent Development and Protection Program and the
Promotion and Enhancement
of Social Participation Project of the Policy
Development and Enhancement of Social Participation Program are conducted.
- The
activities conducted in cooperation with the World Bank included the Project for
Decreasing Social Risk, whose basic target is
to contribute to the decreasing of
poverty in Turkey in the short and long terms. The purpose of the Project is to
decrease the
impact of the current economic crisis on the poor population, to
increase the capacities of public organizations providing services
and social
aid to the poor, to establish a social aid system for the poorest 6% section of
population for the improvement of basic
medical and education services, and to
increase the opportunities of the poor for income and employment.
- The
activities conducted in cooperation with the ILO
are:
(a) Rehabilitation of Children Working in Streets in
Diyarbakır. The SEP Regional Development Administration, which coordinates
far reaching economic, social and environmental development projects in the
Southeastern Anatolian Region, conducts the "Program
for Rehabilitation of
Children Working in Streets in Diyarbakır" within the framework of ILO-IPEC
in cooperation with public,
private and voluntary organizations in the region
and the SSCPA in addition to other regional development activities. The purpose
of this Program is to improve the living standards of children working in the
streets and their families, to enhance the local capacity,
and to gradually
decrease child labor. The Program consists of the establishment of a
rehabilitation and training-support center
for the children working in the
streets, the training of the specialists of this center, the formation of an
action committee to
include the representatives from related public and
non-governmental organizations, and the direction of this committee. Within
the
scope of this Program, "75th Year Child and Youth Center" was
established under the Social Services and Child Protection Agency in 1999 and
the activities for
the children working in the streets were given a start;
(b) Program for Rehabilitation of Children Working in the Earthquake Region
and Prevention of Child Labor. Strong earthquake of
17 August 1999 led to
economic and socio-cultural changes in the Northwestern Anatolia.
Gölcük, Yalova, and Adapazarı
were the provinces which suffered
the strongest impact. The economic crisis accompanying the earthquake
intensified the adverse
conditions of the families, which in turn needed more
child labor. According to the data from a study conducted following the
earthquake,
there is an increase in the number of children working in streets.
The same study showed that after the earthquake, as an income-raising
strategy,
families tended not to send their children to schools or take their children
from schools in order to put them in employment.
For the foregoing reasons,
with a view to developing a sustainable and repeatable "model" for the
rehabilitation of the children
working in streets and the prevention of child
employment as a consequence of earthquake, the "Program" was implemented in
there
provinces in question in cooperation with ILO/IPEC, the Social Services
and Child Protection Agency, the Ministry of Employment and
Social Security, the
Governorate of Yalova, and other partners (public, non-governmental, local
administration). Under the Program,
1500 children who were working or who were
under risk of being employed were accessed and provided training, medical,
nutrition,
psycho-social and crisis consultation services; social support was
provided to their families; the capacities of the cooperating
organizations in
the region for rehabilitating the child workers were increased; the issue of
child labor was integrated into the
general development plans concerning the
region; and general public awareness and sensitivity of local administrators and
planning
units for the issue of child labor were improved. The Program also
helped to increase the sensitivity against the children working
in streets
throughout the country. The General Directorate of Security and the General
Directorate of Gendarme initiated actions
in connection with this issue. The
current Government included the issues of "children working in the streets" in
the "urgent action
plan." The Department of Working Children of the General
Directorate of Employment of the Ministry of Employment and Social Security
drafted a national program for handling the issue of child labor,
especially in its worst forms, in line with opinions of the related
public and
nongovernmental organization within the scope of ILO/IPEC. In this program, the
worst forms of child labor in Turkey
were designated as the children
working in streets, the children working in heavy and dangerous works in small
and medium scale enterprises,
and the children working in mobile agricultural
works except for family enterprises. In order to support the implementation of
the
national program, the projects for withdrawing of children from the works
which are detrimental to their health, and security, which
lead to adverse
effects on their mental, psychological and social development, and which prevent
their education will be implemented
starting from 2005 in 24 provinces which
have significant economic, social and educational disadvantages and in which
child labor
is common. The projects and the activities conducted in the
targeted provinces will be examples for other regions of the country,
and the
resulting synergy will significantly decrease the child labor at the national
level. Training of children will contribute
to a qualified work force, and new
employment opportunities will emerge as the children are removed from jobs.
Paragraph 19
- The
study on the related laws and legislation of the Republic of Turkey, which was
first conducted in 2000, concerning the compatibility
of our legislation with
the principles and provisions of the Convention on the Rights of the Child, were
updated with the new harmonization
laws, and were completed as of 2004, and is
ready for printing.
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