Commission suggests radical reforms to youth institutions

Parliament’s Human Rights Commission has called for improved conditions and early intervention with families after examining facilities around the country that are used for incarcerating minors.

The commission issued a report last week as the culmination of its examination of child and youth prisons in Elazığ, Ankara, Adana, Istanbul and İzmir.

According to the report, there are 2,622 minors housed in penal institutions in Turkey. Of this total, 1,440 of them are in special sections of the facilities that are segregated for children and youth.

Special judgment for minors

Saying that children should not be treated like adults, the report called for increased efforts to prevent children from committing crimes and special judgments that take their developmental level into account. “The jurisdiction system for children should be different from the system than for adults,” the report said. “In this regard, harsh, complicated, punitive and formalistic treatment of children should be avoided.”

Priority urged to Supreme Court of Appeals

The report also criticized the excessive length of the judgment period in cases related to minors and emphasized the importance of making juvenile courts widespread. According to the commission, it would be preferable to have one department within the Supreme Court of Appeals responsible for child- and youth-related cases in order to accelerate the process. The report also urged the Supreme Court of Appeals to prioritize such cases. 

‘Adults may lead children to commit crimes’

The aim of incarceration should not be to punish children, but to rehabilitate them and turn them into productive individuals during the stay in penal facilities, the commission said.

The report also cautioned that young offenders should not be housed along with adult convicts. “This situation is very dangerous for children,” the commission wrote. “It may lead children, especially those who have committed a crime for the first time, to commit a crime again after their punishment period to stay in the same ward with the convicted prisoners.”

Art-related activities not enough

Efforts to use sports, art-related activities and various hobbies to channel children’s energy in a positive way are insufficient, the commission concluded, writing, “Because of this inadequacy, the children lose their self-respect, and do not have good relations with their families.” The report suggested a number of more effective solutions, including:

“Make custody the last resort”

Detaining children or arresting them should be a last resort, and this punishment should be applied for “the shortest period” possible, the report said. Detaining should only be employed if the minor poses a serious and ongoing threat to society.

“Give single rooms to prevent sexual pressure”

“Physical conditions of children in prisons should be improved,” the report said. “They should stay in single rooms to protect them against any possible sexual and physical pressure, and they should have legal rights to telephone calls and visitors.”

“Three prisons should be closed”

The report called for the closing of the penal institutions in Adana’s Pozantı district, İzmir’s Bergama district and Kayseri’s İncesu district, which the commission concluded lack appropriate physical conditions and locations.

“Bring all cases to juvenile courts”

“The children should not be judged in general courts. They should be judged in juvenile courts,” the report said. “The number of experts working in these courts should be increased.”

“Provide monitoring and education”

The report suggested that a monitoring and assessment mechanism should be established in each district of the country with a large population of children. “Families should be educated in child-raising methods and the possible dangers likely to await children in their future, especially in regions where the rates of crimes among children are high,” the commission wrote. “Some institutions, such as family counseling centers, youth centers, physiological counseling and social-services centers should be established.”

“Children should be taken from families who lead them to crime”

Guardianship of children should be taken away from their families if their relatives are teaching them to commit crimes and earn their living in this way, the report said.

In addition, the commission recommended that education centers that house children who commit crimes should not isolate them from society and should provide formal education.