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Terör Suçları Bağlamında 13-15 Yaş Grubu Çocukların Kusur Yeteneğinin Belirlenmesi
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hukukunun çarpışan değerlerinin sınırları belirlenmeye ve bu iki çarpışan ihti-
yacın Türkiye’de ne şekilde karşılandığı tespit edilmeye çalışılmıştır.
Anahtar kelimeler:
Terör, terör suçları, terör amacıyla işlenen suçlar, gü-
venlik, hakların sınırlandırılması, çocuk, ceza sorumluluğu, kusur yargısı, Türk
çocuk ceza hukukunun genel prensipleri, terör suçu işleyen çocuklar bakımın-
dan öngörülen özel kuralların gelişimi, Türkiye’de çocuklar tarafından işlenen
terör suçlarına ilişkin istatistikler.
Abstract:
It is a fact that, encountered with terrorism acts, a need for
security has arose and in order to satisfy this need, there have been some
deviations from the “ordinary investigation, prosecution and enforcement”
procedures which were adopted for “ordinary crimes” and the constitutions
have also allowed these kind of provisions.
In general, the regulations which deviate from “ordinary law princip-
les and system” are materialized due to two reasons; to satisfy the individu-
als’need for security against terrorism acts and the implementation of juveni-
le law principles. In case of terrorism offences, this deviation appears as the
restriction of some rights which are guaranteed in the provisions regulating
ordinary crimes; whereas in case of juvenile criminality, the restrictions en-
visaged in those procedures are abolished or the rights are protected and
broadened at the highest level.
In Turkey, in order to combat with terrorism effectively in the field of
justice, the terrorism offences were defined and specific provisons were
adopted for the investigation, prosecution and enforcement of these offen-
ces. A specific police force, prosecutor office and courts system were develo-
ped and particular enforcement sytems were envisaged.
On the other hand, according to the new criminal legislation and juve-
nile criminal law principles adopted in 2005, in order to establish the criminal
liability of a minor between 13-15 ages, who commits an act which is defined
as an offence in criminal law, that minor has to be capable of “appreciating
the legal meaning and consequences” of his act or his “capability to control”
his behavior. There are some difficulties in establishing the criminal liability
of minors who commit particularly the offence of being a member of a terro-
rist organization, committing an offence on behalf of a terrorist organization
without being a member of that organization, aiding or abeting a terrorist or-
ganization and propaganda of that organization, due to some characteristics
of those crimes and reasons regarding the minors under this group of age.
In this communique, the need to ensure a balance between providing
security to the society and individuals against terrorist acts and the phene-
monon and principles regarding minors such as “high interest of the minor”
“need for protection” and “incitement to commit an offence” is elaborated.
It has also been attempted to determine and identify the lines between the
conflicting values of the need for security and juvenile criminal justice and
how these interfering needs are met in Turkey.
Keywords:
Terror, terrorism offences, offences committed for the pur-
pose of terrorism, security, restriction of rights, minor, criminal liability, gene-
ral principles of Turkish juvenile criminal justice, development of specific rules
envisaged for the minors committing terrorism offences, statistics regarding
minors who commit terrorism offences.