The 4th Winter Workshop of the International Human Rights Academy organized by the İstanbul Kültür University (İKÜ) Faculty of Law under the theme 'Child Abuse' was held in Antalya between April 6-8.

The 4th International Human Rights Academy Winter Workshop held by İKÜ was organized under the theme '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, İKÜ Rector Prof. Dr. Erhan Güzel, the Dean of the İKÜ Faculty of Law Prof. Dr. Dr. h.c. mult. Bahri Öztürk, Director of the Vocational School of Justice Prof. Dr. Durmuş Tezcan and academicians and journalists from Turkey and around the world.

Delivering the opening speech of the meeting, İKÜ Rector Prof. Dr. Erhan Güzel said 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 to prostitution is part of sexual abuse. Pointing out that feelings of intense shame and guilt caused by sexual abuse lead this issue to remain hidden, Prof. Dr. Güzel said, "If you have witnessed or heard sexual abuse against children, you should take it seriously.”

CASTRATION IS A MATTER OF DEBATE

The Dean of the İKÜ Faculty of Law Prof. Dr. Dr. h.c. mult. Bahri Öztürk noted that they had determined the workshop subjects one year in advance. Noting that the 'child abuse' theme was also determined a year ago, Prof. Dr. Öztürk said that this workshop brought different cultures and decision-making bodies together. Stating that they had guests from Algeria, Morocco, Tunisia, Hungary, Italy and Germany, Prof. Dr. Öztürk expressed that they hoped to get tangible information on the subject at the end of the meeting. Prof. Dr. Öztürk said, "We want to make some suggestions after the meeting. Chemical castration, which has been discussed especially in recent days, will be one of our discussion topics. We will discuss its applicability. One of our members of 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 WAY BACK FROM CASTRATION

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

“Castration should depend on strict conditions because there is no going back from castration. We should not make matters worse while trying to be helpful. We want legislative regulations on this issue. Article 103 of the Turkish Penal Code is such a serious article and there are so many problems in terms of proving the crime especially when it comes to sexual abuse. The statement of the 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 will. 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 any other proof. This is obviously an issue open for exploitation. There must be a measure in this matter. We will discuss these measures and the situation in other countries in this meeting.”

‘CRIMINAL LAW ALONE CANNOT SOLVE THIS PROBLEM’

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