The 4th Winter Workshop of the International Human Rights Academy organized by the Faculty of Law at İstanbul Kultur University (İKU) under the theme of “Child Abuse” was held in Antalya on April 6-8.

The International Human Rights Academy 4th Winter Workshop held by İKU was organized under the title of “Child Abuse” at a hotel in Kundu, Antalya with the participation of members of the Supreme Court of Appeals, former President of the Court of Cassation Hasan Gerçeker, İKU Rector Prof. Dr. Erhan Güzel, Dean of the İKU Faculty of Law Prof. Dr. Dr. h.c. mult. Bahri Öztürk, Director of the Vocational School of Justice Prof. Dr. Durmuş Tezcan, academics, and journalists from Turkey and different countries.

Delivering the opening speech of the meeting, İKU Rector Prof. Dr. Erhan Güzel expressed that abuse means taking advantage of good intentions. Stating that there are 3 different types of abuse that can occur in all societies, Prof. Dr. Güzel noted that the use of children in pornography and forcing them into prostitution is part of sexual abuse. Indicating that intense shame and feelings of guilt caused by sexual abuse causes this issue to remain covered up, Prof. Dr. Güzel said, "If you have witnessed or heard of an instance of the sexual abuse of children, you should take it seriously.”

CASTRATION IS A MATTER OF DEBATE

The İKU Faculty of Law Dean Prof. Dr. Dr. h.c. mult. Bahri Öztürk noted that they determine the workshop subjects one year in advance. Indicating that the “child abuse” subject was also selected a year ago, Prof. Dr. Öztürk said that they bring different cultures and decision-making bodies together at this workshop. Stating that they have guests from Algeria, Morocco, Tunisia, Hungary, Italy, and Germany, Prof. Dr. Öztürk expressed that they hope to obtain tangible information on the subject by the end of the meeting. Prof. Dr. Öztürk said, "We want to make some suggestions after the meeting. Chemical castration, which has been a hot topic especially in the recent days, will be one of our discussion topics. We will discuss its applicability. One of our members from the Court of Cassation warned that punishments should be feasible. You can expect very heavy penalties, but unless the judge and prosecutor find these penalties applicable, criminals will get time off for good behavior just because they wear a tie or put on a smile. The punishments suggested in good faith may not have an impact in practice.”

THERE IS NO REVERSING CASTRATION

Indicating that there is no need for panic legislation, Prof. Dr. Öztürk expressed that he believes that the works of the commission established for this crime under the presidency of Prime Minister Recep Akdağ will be successful. Prof. Dr. Öztürk stated that castration was proposed as a solution and said the following:

"It is beneficial to bind castration to strict records and conditions, because there is no reversing castration. We should not make matters worse while trying to be of help. We want legislative regulations on this issue. Article 103 of the Turkish Penal Code is such a serious article and there are several problems in terms of proving the crime, especially when it comes to sexual abuse. The statement of a woman is enough for punishment. Nothing else is necessary. The Court of Cassation says “a woman does not reveal her chastity without a reason.” However, there may be those who do. What will you do then? We need to protect all victims and we also need to be able to prove the crime. When a woman shouts “harassment,” the punishment for that starts from 5 years, and there is no need for anything else. This is obviously an issue open for exploitation. There must be a measure regarding this matter. We will discuss these measures and the situation in other countries during this meeting.”

“CRIMINAL LAW ALONE CANNOT SOLVE THIS PROBLEM”

Noting that it is wrong to always appeal to criminal law, Prof. Dr. Öztürk said, "Criminal law, however, is a system that comes into effect when the state of law is helpless. We think that we are enabling social peace through the punishment of a crime. We have to find its real reasons. It is not something that can be solved with criminal law alone.”