In recent developments, Volker Türk, the UN High Commissioner for Human Rights, has expressed significant concerns over Türkiye’s newly revised juvenile justice system, which potentially permits life sentences for minors. The changes, encapsulated in the Child Protection Law and Amendments to Certain Laws, Bill No. 2/3771, adopted on August 8, have raised red flags among international human rights advocates.
The legislation adjusts the sentencing rules for minors between 15 and 18 years old, mandating initial incarceration in closed juvenile institutions. A transition to education-based facilities would rely on subsequent assessments. Türk highlighted his alarm at the provision that allows courts to disregard standard age-based sentence reductions for serious offenses like intentional homicide. He cautioned that this modification risks steering the juvenile justice framework away from its essential focus on rehabilitation and reintegration toward a more punitive stance. More details can be found here.
This legislative shift poses potential conflicts with the Convention on the Rights of the Child (CRC). Türkiye’s commitment to CRC mandates that child detention should be a last resort and for the least possible duration. Moreover, it opposes life imprisonment without release for minors. The UN Committee on the Rights of the Child maintains that sentencing should always include prospects for parole or early release.
European judicial bodies have historically scrutinized Türkiye for its juvenile justice practices. In the case of Gülcü v. Turkey, the European Court of Human Rights underscored the necessity of reserving custody as a last option, while Güveç v. Turkey addressed issues of prolonged detention. These cases stress the importance of maintaining comprehensive safeguards for children within the justice system, regardless of the severity of allegations.
Previously, Turkish reforms allowed minors serving custodial sentences more direct access to educational institutions. Türk advocates for a continued approach that primarily treats minors as children, focusing on welfare, rehabilitation, and reintegration. The current reforms, however, suggest a notable departure from these principles, prompting calls for reassessment to align with international standards.