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Old 18th August 2016, 23:06   #61 (permalink)
“Je suis l'humanité.”
 
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Re: Child Abuse

Quote:
Originally Posted by kibris View Post
but not practıcıng taqqıye!


For you



You understand it as much as you can spell it , to know that is not the case

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Old 18th August 2016, 23:14   #62 (permalink)
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Re: Child Abuse

Quote:
Originally Posted by bal canavar View Post


You understand it as much as you can spell it , to know that is not the case
oh ı see you got the handbook of ıt for sımple mınds--just learnın ıt are ya?
nıght mr tacky
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Old 19th August 2016, 00:24   #63 (permalink)
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Re: Child Abuse

a follow up to kanga's post from tdn

In depth: The story of Swedish-Turkish ‘minor abuse crisis’
Oya Armutçu – ANKARA

In depth: The story of Swedish-Turkish ‘minor abuse crisis’
The recent crisis between Turkey and the EU countries of Austria and Sweden over the Turkish top court’s annulment of an article concerning sexual actions against children has flared up with Swedish Prime Minister Stefan Lövfen’s entry into the debate, but it has emerged that the issue that led to rising tensions on a diplomatic level was the result of miscommunication between the countries’ officials.


1)How did the crisis between Turkey and Sweden that reached a peak over claims that Turkey was now permitting child abuse all begin?

The crisis began when some European officials misunderstood the Turkish Constitutional Court’s May 26, 2016, decision to annul an article of the Turkish Penal Code concerning sentences to be given to convicts over sexual abuse offenses against children under the age of 15.
However, when the Constitutional Court took the decision, it demanded the Turkish parliament re-regulate the article in six months and retain the rule until then to avoid creating any legal loopholes. As such, no offenses will go unpunished. Right-wing Austrian newspaper “Kronen Zeitung,” however, ran a story on a news ticker at Vienna airport which read: “Turkey allow sexual abuse against children under the age of 15.”
When Swedish Foreign Affairs Minister Margot Wallström subsequently shared this on her official Twitter account, a crisis erupted between Turkey and Sweden.


2)Is the crisis finished?

Not exactly. Although the Turkish Foreign Ministry launched a diplomatic initiative toward Sweden and explained the situation, there has been no change in the attitude of Sweden and the critical statements have continued. Both Justice Minister Bekir Bozdağ and Deputy Prime Minister Mehmet Şimşek highlighted that the problem was derived from misinformation. Bozdağ said there was no legal loophole and that the law would be re-regulated before the Constitutional Court’s anticipated time expired.

“There will be no lack of punishment,” he said. In response to this, Swedish Prime Minister Stefan Lövfen recently made a statement saying the top Turkish court’s decision was “worrisome” and that “there was risk that children rights might be rolled back. Children are children.”


3)Which article of Turkish Penal Code did the Constitutional Court annul?

In the Turkish Penal Court, sexual-related crimes against children are regulated under Article 103, which covers children’s sexual abuse. In this article’s first section, all sexual actions committed against children under the age of 15 are identified as “sexual abuse.” The Constitutional Court annulled this clause of the law, saying it would enter into force six months after it was published in the Official Gazette. The decision was announced in the Official Gazette on July 13, 2016, and therefore the deadline will expire on Jan. 13, 2017. The court took the decision with seven votes in favor and six votes against. This also shows that the court had a tough decision.


4)Why did the Constitutional Court take such a decision?

The court took the decision upon an appeal by a local court in the Bafra district of the northern province of Samsun. The appeal came with the view that the sentences stipulated by the Turkish Criminal Code (TCK) for such crimes were not proportional in light of a case that was opened after two children aged 15 became involved in a sexual relationship. In the appeal, the local court highlighted that the punishments for actions involving children who cannot defend themselves and those who had grown up to the age of comparative sexual maturity and were able to have sexual intercourse of his/her own free volition were regulated under the same fashion.

According to the court, this situation was disproportionate in terms of the penalty and legal benefit. The court also drew attention to the different punishments applied to children of different age groups in these crimes under the TCK, consequently arguing that the current law was against the constitution and demanded its overturn.


5)What is the justification for the Constitutional Court’s decision?

In its decision, the court annulled the “not exceeding” (age of 15) phrase in the Turkish Penal Code’s 103/1-a clause on the grounds that it “foresees a disproportionate punishment” and that was against the “principle of the state of law and enforcement.” In the decision, the court said: “there is no doubt that the fact that children’s sexual abuse was tied to heavy enforcement is for the realization of the child’s effective protection...The rule that was appealed had the character that in some situations, it would not comply with the characteristics of the concrete situation and would lead to heavy punishments that would greatly remove the legal balance that needs to be preserved between the crime and the punishment. Therefore the rule, since it foresees a disproportionate punishment, is against the principle of the state of law and punishment.


6)What will the criteria for the new regulation be based on?

The government will pass a new regulation that will rearrange the annulled decision in the upcoming six months through parliament. With the Justice Ministry, the work on this issue has begun. In the new regulation, it is expected that the sentences will be identified gradually just as how the constitutional court expects it to be. According to the study with the ministry, there will be criteria of “the suspect is as young as the victim,” “the intercourse is consensual” and other points. The sentences are also expected to vary as far as both the victims’ and the suspects’ ages are concerned.


7)Have there been any problems in the process?

Yes, there are. Since the old law will be in force until the new one comes out, there is no legal loophole at first glance. But an unavoidable consequence of the Constitutional Court’s decision is that the local court will suspend such cases until new regulation is implemented. The sources said courts tend to wait for the new law. In this situation, cases regarding the children’s sexual abuse will be suspended for a while.


8)Could the misunderstanding have been prevented?

It is obvious that there was a serious communication problem in the explanation of the Constitutional Court’s decision. Although there were no loopholes with the decision, the fact that this situation was not expressed well enough led to a misperception of the article that was written in a very technical legal language. Effective communication through the Constitutional Court or by the government when the decision was taken could have alleviated the misunderstandings. When the court made its explanation last Monday, it was too late. So it would not be wrong to say that the perception that emerged in the Europe was mostly based on misinformation.

In depth: The story of Swedish-Turkish ?minor abuse crisis? - DIPLOMACY
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Old 19th August 2016, 06:39   #64 (permalink)
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Re: Child Abuse

So, back to the OP, what is your opinion on the current situation Bal?

I think the governments lawmakers are trying to create a loophole so that prosecutions can be avoided in the future. It fits nicely with their change on the Imam marriage rules don't you think?


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Old 19th August 2016, 08:57   #65 (permalink)
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Re: Child Abuse

Turkey will implement heavier sentences for sexual abuse of children - DIPLOMACY


In sexual abuse cases with victims aged between 12 and 18, the current sentence term of eight to 15 years will remain the same, while in rape cases with victims aged between 12 and 18, the current minimum sentence of 16 years in jail will also remain the same.


TURKEY - Child victim gets blame in Mardin rape case



A court in Mardin has reduced the sentences of 26 men charged with rape to unlawful sex with a minor after it concluded the 13-year-old victim was willing.

A court in Mardin has reduced the sentences of 26 men charged with rape to unlawful sex with a minor after it concluded the 13-year-old victim was willing and on account of “good conduct” on the part of the accused. The decision appeared to place some of the blame for the incidents on the victim herself.
While the men involved with the case – a group that included soldiers, civil servants, tradesmen and teachers – were sentenced to no more than four years and 10 months in jail each, the two women who sold the young victim, identified only as N.Ç., were given sentences of nine years.
The heavier punishments to the two women were justified by the Mardin 1st High Criminal Court as being due to “the virtueless life of the two women.”
In too many cases of violence against women, courts tend to give the minimum possible punishment to the accused males, according to Hülya Gülbahar, a lawyer and a member of the Women’s Platform for the Turkish Penal Code. “Accused women, however, are punished with the maximum, as it is shown in N.Ç.’s case,” Gülbahar told the Hürriyet Daily News & Economic Review on Monday.
The lawyer said she hoped the high court of appeals would correct the Mardin court’s mistakes, label the offense as rape and make sure no such decisions are made again in the future.
In its reasoning for reducing the punishment for the men involved in the 2002 incidents, the court said N.Ç., aware of the act’s immorality, later solicited some of the men involved in the incidents for sex as a way to earn money.
“The court’s decision is unacceptable,” Gülbahar said, adding that Turkish judges continued to apply obsolete mentalities to cases despite the considerable improvements that have been made in the new Turkish Penal Code. “Unfortunately, the decision in N.Ç.’s case reintroduces the old attitudes to the justice system,” she said.
Thirteen men received sentences of four years and two months, reduced from five years, for having sexual relations with a child younger than 15 years old. Eleven more who were sentenced to five years each had their penalty reduced to four years and 10 months.
One man who was below the age of 18 at the time of the crime received a sentence of three years and two months, while another who was found guilty only of attempting to have sexual relations was sentenced to one year and four months in jail.
Under Article 414 of the old Turkish Penal Code, men found guilty of raping girls under the age of 15 should be sentenced to no less than five years; if any violence or threat is involved, the punishment should be no less than 10 years.
The suspects’ detaining of N.Ç. was determined to have been “detainment through will instead of detainment by force,” another factor that contributed to the reduced sentences.
In its decision, the Mardin court recalled a comment by the Forensic Medicine Institute that “N.Ç. could have stood against these incidents.” The decision also said the victim later “contacted suspects E. and T. of her own will in order to earn money [for sex] and was involved in a relations with other suspects related to these men.”
The court’s decision, and the way it was made, showed that it favored the accused, Gülbahar said.
“The [court’s] refusal of the complainant’s health report, which proved the physical and psychological harm she has undergone, is an arbitrary decision that violates penal code provisions,” the lawyer said. “The judges should have decided on a much stricter punishment for the accused, for deterrent purposes.”
Previously, N.Ç. had written a letter to then-Justice Minister Cemil Çiçek when she learned that all the suspects had been released pending trial. “What would do you if it was your daughter and not me?” she wrote in the letter.


If there is already a loophole which allows a judge to change the type of crime committed by paedophiles from raping a child to unlawful sex with a child, why bother reforming it at all?

Perhaps this sheds some light...

3,000 abusers, rapists avoid jail time by marrying their victims in Turkey: Appeals court - RIGHTS


The testimony of a Turkish Supreme Court of Appeals representative has revealed the sad truth about the practice of victims of sexual abuse being married to their assaulters.

Mustafa Demirdağ, the head of the Supreme Court of Appeals department which oversees sexual crimes, said the number of such marriages which were officially registered had reached nearly 3000, according to daily Milliyet.

Speaking to a parliamentary commission formed to investigate and prevent sexual crimes, Demirdağ said children from 5 to 18 years old could be subjected to sexual abuse, adding that girls between the ages of 12 and 15 were more easily tricked by abusers.

Demirdağ mentioned several cases, one of which was similar to the story of a TV series called “Fatmagül’ün suçu ne?” (What is Fatmagül’s Crime?), which became highly popular a couple of years ago. “Three persons kidnaped a girl. Three of them raped her. When one of them married her, the sentences for all three were lifted. That type of marriage is not acceptable. It is cruel to force someone to marry a person she does not want [to marry] and force her to spend the rest of her life with him,” he said.





Apparently it was a case similar to the one in the final paragraph of the above article which led to the law reform.


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