Youth Law Symposium Series - the first "State of Law Personal Safety"
Umut Foundation Research Center
Series of Symposium on the Youth of the Law - 1
March 20-21, 2009, Ankara
The aim of the mentioned symposium series is to constitute a platform that will allow the youth of the law who will be the law enforcement officers in the future to discuss and to share their various opinions in order the belief in the rule of law and in the possibility of solving conflicts by peaceful means strengthens. The title of this year symposium is “Personal Security in the State of Law”
On the subject “Personal Security in the State of Law”, studies that will analyze the situation of Turkey from the point of view of interdisciplines; that will compare it with the situation and implementations of other countries; and that will move in discipline areas such as sociology, law, philosophy, communication, cultural studies, social psychology, forensic medicine, criminology, social history are anticipated. The geographical area is limited throughout Turkey; however, comparisons with international samples are regarded. The symposium’s language is Turkish.
Ankara University Law Faculty
Mahmut Esat Bozkurt Conference Hall
Cebeci Kampusu Ankara
The participation conditions of the symposium, the participation form and other information and documents about the statement’s format may be found at the web address: www.umut.org.tr/hukukungencleri
Announcement of accepted papers : 29 December 2008
Tel: 0212 337 29 93 Fax: 0212 288 66 75
Barış GÜNAYDIN Mobile: (533) 745 97 25
- Summary Of Declarations
DILEMMA OF FREEDOM AND SECURITY IN THE STATE OF LAW IN TERMS OF POLICE FORCES AND REVELANT REGULATIONS
Av. Cüneyd Altıparmak
In our declaration, we will try to look from a perspective that we will constitute by filtering the decisions of the European Court of Human Rights Jurisdiction and the Turkish Jurisdiction. However, first of all; we would like to state that we felt the need to give some brief information about the definitions of some concepts that are necessary for our subject.
There are mainly two questions that the declaration seeks answers. The first of these questions is “How far can the police force violate the freedoms in order to maintain the security?” and the second is “In which limits the police forces’ freedom violations have to stay to be legal?” These two questions lead us to the conclusion that the ethic and formation of the police forces should be improved. Yet, the “security” established by a concept that doesn’t know the law and doesn’t recognize individual freedom will still be a concept of security despite everything; and this will be a freedom and security concept radically faulty.
Our mainly proposals in this matter will be included in the declaration.
Key Words: Security, Police Forces, Freedom, ECHR, Jurisdiction Decisions.
Cüneyd Altıparmak was born in Şanlıurfa in 1982 and he graduated from Dicle University Faculty of Law in 2003. He received the Turkish Bar Association Faruk Ekrem Award in 2002. The same year, his articles were published in refereed journals and other national law journals. Later on, articles, translations and decision analyses were published in journals such as Güncel Hukuk (Current Law), Khuka, İstanbul Barosu Dergisi (Istanbul Bar Association Journal), Ankara Barosu Dergisi (Ankara Bar Association Journal) and Suç ve Ceza Dergisi (Crime and Punishment Journal). Currently, he is an attorney affiliated to Şanlıurfa Bar Association.
*Şanlıurfa Bar Association
THE RELATIONSHIPS BETWEEN INDIVIDUALS AND STATE WITHIN THE CONTEXT OF HEGEL
İbrahim Halil Çetres*
I will firstly look at Hegel’s concept of ‘state’ in my study. Then, I will look at the historical changes of the concept of “individual” and the state of “being an individual”. My goal is to examine the state’s design by reading Hegel from its own texts. Thereafter, I will try to find the accurate sides of Hegel, who is characterized as an ‘idealist’; I will try to show the fine line between being a person and being an individual. I will remind again Hegel’s concepts of history and state while doing all of these.
It is true that Hegel’s concept of freedom has affected today’s Liberal ideology. But today’s concept of freedom has deviated from the line of Hegel and has even been standing in the opposite side. The most important reason of this situation is that the Liberals have placed the person – the consuming person – as the most important part of the state regardless of the fact that Hegel has placed the Constitution and the individual, who acts properly to the constitution, to the base of the concept of the state.
Humans, who have constituted their historical existence area, have founded states within this period and this event has been their most important leap because the spirit can now become visible with states and this event will assure historical advancement. On one hand, historical advancement will assure that the spirit creates itself and become free; on the other hand, it will assure people to meet their needs in a more organized manner.
Key Words: Liberalism’s Concept of Freedom, History, State, Individual, Person, Freedom
İBRAHİM HALİL ÇETRES
Ibrahim Halil Çetres was born in 09/11/1989in the Sapanlı Village of the Gerçüş District situated in Batman. He qualified to receive education at Süleyman Demirel University, Faculty of Science and Letters, Department of Philosophy in 2005. He founded the Philosophy Club in cooperation with his teachers and friends when he was in the 2nd grade (2006). He is working as the contact responsible since the foundation of the club. He is currently a final year student at Süleyman Demirel Universit Department of Philosophy. He is a member of Gerçüş Education, Culture and Environment Volunteers Association and he is participating actively in the Youth Programs carried out by the Youth and Culture House with the support of the European Union.
* Süleyman Demirel University, Faculty of Science and Letters, Department of Philosophy
STATE OF LAW AND PERSONAL SECURITY
IN THE STATE OF LAW
State of law can be defined as states that don’t discriminate between those who govern and those who are governed on the subject of obeying the rules of law.
It is anticipated that the state, which holds the authority to establish rules of law and to change these rules put into effect, obeys also to these rules. In the concept of primitive law, law was shaped up as ball of rules that concerns those who are governed, not those who govern. This process showed itself as State of Property Police State State of Law. The infancy of the concept of state of law started to end in modern meaning whenever the state organs and the administrations started to respect the law and whenever they saw themselves attache to these rules of law which they felt the need to respect. Like those who are governed, the state’s and the administration’s principle of being attached to the rules of law continues to protect its characteristic of being the basis of the state of law.
The fact that a state possesses the characteristic of being a state of law will not only carry the state to a reputable position in front of other states and international organizations, but it will also ensure that the state passes from the position of rowing to the position of steering. In order to obtain this characteristic, the principles listed below should exist together in a state:
• Securing fundamental rights and liberties,
• Securing the administrative legitimacy and the judicial review,
• Supervising the constitutionality of the law by judicial bodies,
• Securing the judicial independence and the judicature guarantee,
• Establishing the separation of powers,
• Respecting the general and universal tenets of the law,
• and treating equally before the law,
• Respecting acquired rights,
• Bringing forward the financial liability of the administration.
The conditions, which are the requirements of the principle of the state of law and are also essential to provide personal security which is a constitutional right, are revealed around the state of law.
Key Words: State of Law, Personal Security, Jurisdiction, Acquired Right, Separation of Powers
Mesut Baskan was born in Ankara on August 26th, 1987 and he graduated from Izmir Buca Anatolian High School in 2005. He is currently a student at Dokuz Eylül University, Faculty of Law.
*Dokuz Eylül University, Faculty of Law
PERSONAL AND SOCIAL SECURITY
According to article 2 of the 1982 Turkish Constitution, ‘The Turkish Republic… is a state of law’. A state of law is a state that abides by the principle of the rule of law and the judicial review in its all activities. In its Decision numbered 1991/43 and dated November 12th, 1991, the Constitutional Court also defined the principle of the state of law as “providing juridical security in the most powerful, effective and comprehensive manner for the people governed; and the acts and transactions of all state bodies being legal”.
Securing the fundamental rights is one of the important requirements of the state of law. Providing personal security is on the top of these fundamental rights. The state shouldn’t misuse the rights of the citizens and it should protect and secure their rights as well. In this context, the people’s rights are determined with various regulations by the law-maker.
Each individual is firstly responsible for its own security and then for the security of the others. An individual who tries to protect its rights should achieve this goal without abusing other people’s rights. In this context, personal security and social security are two main topics tightly coupled to each other.
As well as an area of freedoms, the state of law is also an area of determination that determines the restrictions of these freedoms. In terms of public order and public welfare, freedoms should also be restricted at some point. The main important subject is to determine in which point these freedoms should be restricted. Everybody can be safe and affluent only in a society where this order exists and everyone is subject to equal rights and restrictions.
Key Words: Turkish Constitution, Turkish Criminal Code, Law of Freedoms, Personal Securities, State of Law, National Law, Individual Armament, Social Equality, Migration, Poverty, Forensic Medicine
Diğdar Daşkın was born in Balikesir on November 5th, 1988. She completed her primary education at Mehmetçik primary school and her secondary education at Fatma Emin Kutvar Anatolian High School. She is currently a 3rd grade student at Marmara University, Faculty of Law.
* Marmara University, Faculty of Law
IMMIGRATION PROBLEM AND ITS EFFECTS
WITHIN THE CONTEXT OF PERSONAL SECURITY IN TURKEY
Law Apprentice UFUK KULA*
Due to many reasons, particularly to economic concerns, migration is an important social movement in our country as well as in all other countries. Migration is basically examined from two different points which are “internal and external migration”. The primary point that should be examined for Turkey is internal migration. For instance, between 1975 and 2000, the size of the population that migrated in Turkey has doubled. Only between 1995 and 2000, the population that has migrated between provinces was 4,788,194 people. (State Institute of Statistics; 2004)
The right to live is human’s most fundamental right. In order to live in safety, the state should primarily provide this environment. As a matter of fact, the internationally accepted opinion is so. Whatever the reason might be, instinctively and due to the insecurity caused sometimes by official bodies, people who migrate feel the need to protect their personal security by themselves in their new life space. These problems are not encountered solely in our country. For instance, England is a country that receives high external migration and people living in England suffer from the weapons, such as knives, pocketknives…etc, brought by the people who migrate. England tried various solutions regarding this subject. Education is the most important among these measures. This kind of step is also necessary for Turkey for a permanent solution.
Key Words: Internal migration, personal security, right to live, gun culture, city
Ufuk Kula was born in Silifke on January 9th, 1985. He graduated from Dokuz Eylül University, Faculty of Law in 2008. He is currently a law apprentice in Izmir Bar Association. Symposium of Law Sport, Izmir Bar Association, 2007 Human Rights Training Conferences, Izmir 2008 Symposium of Associations and Foundations Law and Izmir 2007 are the activities in which he participated. His hobbies are swimming, fishing and travelling.
* İzmir Bar
LAW FOR A SECURE LIFE
Pelin Pınar Kaya*
The declaration I prepared covers the subjects of “individual armament and personal security”. The objective of my study is to emphasize the importance of law over individual disarmament and personal security by considering the situation of individual armament in Turkey and in the world from different perspectives. Within this framework, in the introduction part of the declaration, I firstly gave the definition of individual armament, which I believe is universal, and I referred to related laws. Then I examined the situation in Turkey and then in the world with some examples and I mentioned about the firearm use in some profession groups by putting emphasize on the reasons of individual armament and on some researches on this subject. Throughout the declaration, I gave examples (news articles, court decisions) to show the results caused by individual armament. I concluded my declaration by expressing the things that can be done juridically about this subject and by expressing the fact that individual disarmament is important to be able to use the human rights in Turkey and in the world and to maintain personal and social security.
Key Words: Individual, Society, Life, Universality, Law
PELİN PINAR KAYA
She was born on September 8th, 1987. She is a 2nd grade student at Istanbul Bilgi University, Faculty of Law. Her goal is to be a respected lawyer in the future and to have an academic career in one law category. She is fluent in English. She is interested in all fields of law, as well as possessing knowledge about the European Union Law and, within this scope, about the process of non-governmental organizations. She is a member of Istanbul Bilgi University Modern Lawyers Club. Besides, she is interested in literature, philosophy and sociology since high school. She is writing in the journal published by students of the Department of Sociology. Moreover, as from primary school, she had received achievement awards in various categories during her education life.
*Istanbul Bilgi University, Faculty of Law
POVERTY AND PERSONAL SECURITY
Stj.Av. Serdar GÖKKAN*
Poverty arises from the fact that values, which are obtained from low production and in return for values produced as well, are not shared fairly among individuals, regions and sectors. While on the one hand rapid population growth provides the opportunity for countries to produce more, one the other hand it causes countries to consume more. Additionally, becoming impoverished will be unavoidable if the countries’ geographical position is not convenient in terms of climate and natural condition or if rapid population growth is seen in regions inside the countries.
The factors listed below can be considered among the reasons of poverty:
• Unfair fiscal system
• High interest rate and economy of rent
• Monopolization in the market
• State incentives and the effect of global economy on domestic policy
Social disturbances, caused by social problems such as high interest rate policy and economy of rent, differences in work efforts among individuals, skill differences among individuals, monopolization in the market, inflation, unemployment…etc, and the local terror or the purse-snatching terror are the main negative results of poverty. The economic instability between the East and the West of the country is the main reason of these problems. While the reason of the purse-snatching problem was children who ran away from home, now the reason, which is much worse than before, is the families who consciously send their children to large cities. Therefore, this problem brings forth worse differences and don’t just create security problem throughout the society but also creates trouble for the state on fulfilling its security responsibility for individuals.
Based on the principle of state of law, the other side of personal security is the fact that it is a right possessed by individuals, i.e. civilians, only because they are humans. In other words, states or governments do not grant personal security to people. That right is already in our body and attitudes, however, the government, i.e. the state theory, is responsible to provide it and to arrange it with laws. In conclusion, I believe that the negative effects of social disturbance, caused by poverty, on personal security and the traumas constituted should be emphasized and regarding the measures, I believe that the economic policies should contain disincentive legal regulations.
Key Words: Poverty, Personal Security,
Serdar Gökkan was born in Şanlıurfa on April 11th, 1980. After completing his primary and secondary educations in Diyarbakır, he completed his high school education in Şanlıurfa and his university education at Istanbul Maltepe University. He is currently a law apprentice at Ankara Bar Association.
*Ankara Bar Association
WOMANIZING IMMIGRATION IN TURKEY: RELATING THE SECURITY PROBLEMS OF SEX WORKERS AND DOMESTIC SERVANTS
“Womanizing immigration” is asserting itself in Turkey due to the increase of unregistered migrant women’s labor, on one hand, in the sex/entertainment sector, on the other hand, in domestic services. Academic researches, carried out in recent years, have made visible the personal security issues of sex workers and have increased the civil society’s awareness on this subject. On the other hand, although the entry to the country and the working conditions are similar to those of sex workers, to be working in private space makes the personal security issue of migrant women working in domestic services less visible. The fact that women shelter and work in private space, i.e., in the frontier of the state’s intervention space, provides a certain protection to the individuals in this migrant group against being deported but it leaves them unprotected against the threats to their personal security. On the contrary, sex workers can obtain limited services only as human trafficking victims and the attitude maintained against human trafficking is evolving towards an anti-immigration expression. This declaration associates the experiences of these two migrant groups with each other and handles the migration and personal security issue with a gender perspective.
Key Words: Migration, gender, migrant women’s labor, sex labor, domestic service
She was born in Istanbul in 1984. In 2007, she completed the Department of Sociology and the Department of Political Science, Boğaziçi University. On December 2008, she graduated from master’s program in Gender and Globalization of London School of Economics. She is currently continuing her academic studies as a Research Assistant at Bahçeşehir University and she is working on gender, globalization, migration and sociology of law.
*Research Assistant, Bahçeşehir University Faculty of Economics and Administrative Sciences
INFORMATION TECHNOLOGIES AND PERSONAL SECURITY
The ojective of this study, in the first phase, is to determine the place of the concept of state of law and the principle of the rule of law (by taking into consideration their perception manners in democratic societies), which got rich within the historical process, against individuals who survive with indispensable fundamental rights that are acquired from birth, and then, to confront the state and the people in the range of the criminal justice system. Methodologically, the subject has been approached from the point of cyber crimes and the activities aimed at the law on criminal procedure that it can cause. Furthermore, the types of protection measure, which are seen as search and confiscation in the criminal justice system, have been examined with which principles and in which way it will be implemented to the information system and the solution formulas have been search for both theoretic and implementation-based problems that might occur in this stage. Besides of the concept of forensic computing and its working principles, the protection measure, which is the examined basic subject, have also been evaluated in terms of comparative law and human rights. The subject of access blocking, which is an original, actual and extremely disputable measure type, has been neglected.
Key Words: State of law, human rights, information technologies, cyber crimes, computer forensics, computer search and confiscation, electronic evidence, administration law, police force authorities, criminal procedure, criminal justice
He was born on August 31st, 1984 in Ankara. After graduating from T.E.D Ankara College, where he received education between 1990 and 2001, Onur Özbek continued his education at Başkent University, Faculty of Law. After graduating in 2006, he completed his law internship at Ankara Bar Association and started the master’s program at Police Academy, Institute of Security in 2007. He is still working on his thesis study on “Cyber Crimes in the context of Human Rights (Especialliy the most delicate one: Right of Privacy)”. He is fluent in English and speaks Italian and German at a beginning level.
*Police Academy, Institute of Security, Department of Crime Investigations
TECHNOLOGY AND PERSONAL SECURITY
While Technology, which became an integral part of human life in the modern society of 21st century, provides positive effects such as comfort, risk control, efficiency, security, time, space, energy and labor saving; it also brings along threats against the rights and freedoms of people, the social life and the ecological order. Information technologies have facilitated the access to information but have also limited people’s private life and increased the risks for material and spiritual values. In spite of the fact that nanotechnologies’ toxic effects against the human and environmental health have been revealed in works carried out; nowadays, nanotechnology, which is the area of technology that has a background of around 30 years, is being used for commercial purposes without laying the social, ethic and legal foundations. At this point, before unrecoverable damage occurs in the future, standards that supervise the personality rights and the ecological order should be determined by relevant institutions and the necessary legal arrangements should be added to the regulations.
Key Words: Technology, modern society, nanotechnology, environmental rights, state of law
She was born in Eskişehir in 1986. Arife graduated from Eskişehir Fatih Anatolian High School in 2004 and the same year, she won Yeditepe University’s Faculty of Law with the Student Selection Examination scholarship. She attended the preparatory class to learn academic English for one year. She will graduate in June 2009. She knows English at advanced level and German at a beginning level. She is interested in literature and sociology.
* Yeditepe University, Faculty of Law, 4th grade student
LIMITATIONS OF THE FREEDOM OF PRESS IN RELATION TO THE RIGHTS OF INDIVIDUALS
Values, separately protected within the legal order can sometimes enter into conflict. Nowadays, the freedom of press and the personality rights come often face to face particularly with the increasing importance of the press in the society and with the help of developed technology. Since it is impossible to protect both conflicting values of the legal order at the same time; from these values appear the problem which one in which situations will be protected against the other one
In this study, the scope of personal rights and freedom of press has been examined in the light of:
• When will the interventions made to the personalities by the press be considered legal,
• What are the limits of the freedom of press against the personality rights,
• Various opinions and judicial decisions in the doctrin.
Key Words: Personality Rights, Freedom of Press, Violation of Personality Rights, Press and Personality Rights
He was born in Izmir on July 21st, 1987. He graduated from Izmir Buca High School in 2005 and started his undergraduate education at Dokuz Eylül University, Faculty of Law and he is still a 4th grade student.*Dokuz Eylül University, Faculty of Law, 4th grade student
MEASURES ON THE SUPERVISION OF COMMUNICATION AND PERSONAL SECURITY IN LINE WITH FUNDAMENTAL RIGHTS AND PRINCIPLES
“SOMEONE IS LISTENING TO US!”
In a world where violence dominates, Turkey, a country quite far from the principles of human rights and state of law, considers each individual as a potential danger when security is at issue. This feeling of insecurity in people shows itself often as restrictions over rights and freedoms for “security” reasons and threats personal security which is a part of people’s freedom. Security, wihich is also legitimized over legal grounds, is being shaped consciously under the base of the policy of fear within the current order and the people, who are deprived of freedoms, accept these unlawfulness. In related laws, measures on the supervision of communication, which came forth with the “preventive” rule before the crime is being committed, grant broad authorities to security forces and intelligence services. Human rights, such as freedom of information, right to privacy…etc, have been left defenseless by considering the personal perceptions of security forces, instead of legal arrangements, as the basis of measure. Far from its actual objective, measures on the supervision of communication are almost used as a “bedside measures”. The fact that these measures are undercover causes additional problems determining the violations. Though, the controllability of activities having the characteristics of open intervention and the fact that legal arrangements should have objectif criterion are of vital importance in terms of principle of state of law. The fact that wiretapping decisions, which often remain on the agenda, are made thoughout the country and applications to acquire information are made expose the importance of the subject. In this declaration, the arrangements of the Code of Criminal Procedure, the Laws on the Duties and Authority of the Police, the Gendarmerie Duty and Capacity Law, the Law on the State Intelligence Services and the National Intelligence Organization will be examined in line with human rights and fundamental principles and the concept of personal security will be examined in line with concrete examples.
Key Words: Prohibited Evidences, Prevention, Freedom of Information, Principle of Proportionality, Right of Privacy, Principle of Restricting by Law, Principle of Democratic Societies’ Requirements
She was born in Gaziantep in 1987. She graduated from Fitnat Nuri Tekerekoğlu Anatolian High School in 2005 after completing her primary education at Akyol Primary School, located at the same city. She entered to Izmir Dokuz Eylül University, Faculty of Law in the same year. She is currently a 4th grade student at Dokuz Eylül University, Faculty of Law. Purple Roof Women’s Shelter Foundation Voluntary Training Program, Amnesty International Activism Training, Amnesty International Rights-Based Child Rights Study Educators Training, Human Rights Common Platform, Trainin Program for Human Rights Defensors, Ankara University, Faculty of Political Sciences, Human Rights Center are among the trainings she participated.
*Izmir Dokuz Eylül University, Faculty of Law
PERSONAL SECURITY FOR SOCIAL PEACE
Law Apprentice Hasan Hüseyin IŞIKTAN*
In this period of time we go beyond the 2000’s, protecting the rule of law and living in a state of law is far from “living with rules” henceforth and it should be evaluated as “living with applicable rules and by taking responsibility”. Beside the concrete rules, responsible states, non-governmental organizations and individuals, i.e. states, non-governmental organizations and individuals noticing the principles of law, should be aware of this change.
Considering historical changes only digital cannot do anything else than misleading the law practitioners. Socities should be analyzed with observations and not with experiments any longer; the social reaction mechanism should be absolutely taken into consideration; the right rules or the applicable laws shouldn’t enter into force after several trial and error; states should take into account all other states, i.e. international law should become as much important as national laws. Even this point of view would speed the problem’s resolution.
The concept of personal security shows itself in many areas nowadays. For instance, it shows itself in many areas such as gender and position, social movements, migration, poverty, media, physical and mental disabilities, settlements, entourage, drug addiction, traffic, job safety, belief-religion, politics, informatics, ethnic origin, denominational differences, globalization…etc. Societies will show up in a manner waiting for solution in new concepts without being analyzed properly, without implementing rules constituted with effective and applicable outstanding ideas and without being responsible.
Even if civil disturbances always seem to arise from social movements, in fact, it will come to existence as disturbed individuals’ demand of silence in the primitive era and demand of insolubility in today’s era.
Key Words: Constituting outstanding ideas, social analysis, base on the principles of law, differentiation of the personal security, international law, social reaction mechanism, alteration of state structures, demand of individuals’ silence and demand of insolubility, complex ideas.
HASAN HÜSEYİN IŞIKTAN
He was born in Aksaray on September 10th, 1978. He graduated from Sütçü İmam University, Afşin Vocational School in 1999. He completed his military duty in 2000. On June 26th, 2008, he graduated from Doğu Akdeniz University, Faculty of Law. He started to work as a Law Apprentice at Antalya Bar Association on July 20th, 2008. He works on Sociology, Psychology and Public law.
*Antalya Bar Association
WHY DO ALEXISES DIE?
AUTHORITY OF POLICE FORCES TO USE FIREARMS AND PERSONAL SECURITY
Law Apprentice Onur Can KESKİN*
The shooting of Boran Tursun and many more people like him in Turkey and the shooting of Alexis Grigoropulos and the riot occurred in Athens have increased the discussion about the authorities granted to police forces. In the declaration, the inconveniences and the problems in the enforcement caused by the authority of the police forces to use firearms will be emphasized in terms of human rights. The decisions of violations of the right to live issued by the ECHR against Turkey almost constitute the case law. This authority, which mostly finds place under the headings “breaching the stop warning”, “responding to surrender order with fire” and “anti-terrorism” in Turkey, occupies an important place in these violations. This subject, which closely concerns our history, is also worthwile to be examined in terms of “execution without due process”.
As mentioned in the ECHR’s decisions, the fact that these activities, oriented particularly to the “right to live” which is a right impossible to restrict even in case of emergencies, find reference on the basis of law contains large risks in terms of the state of law and the social peace. Principles like reasonable doubt, presumption of innocence, which comes to mind when personal security is mentioned, will be ignored with these authorities granted to police forces and simple measures related to personal security like arrest and custody might end up with death. This declaration, which aims to emphasize the abovementioned inconveniences, will respectively mention about the prevention, investigation and judgment processes benefiting from current examples of Turkish Judicial System and ECHR case laws. Firstly the right to live will be examined and then, the cases in which the right to live has been restricted and the standards that should be taken into consideration during restrictions will be examined in terms of the Turkish Constitution, The Turkish Criminal Code, International Treaties and Reforms. Then, the historical development of the authority of police forces to use firearms will be summarized and the basic principles that are anticipated to be followed while using this authority with the current legal arrangements will be examined particularly in terms of the Laws on the Duties and Authority of the Police. Finally, the police forces’ point of view to these events, the problematic in the phase of investigation judgment will be exemplified.
Key Words: Right to Live, Police Forces’ Authority to Use Firearms, Gradualness, Proportionality, Execution without Due Process, Passive Resistace, Direct and Nonstop Firing Authority at the Target, Arrest, Stop Order, Surrender Order, Increasingly Use of Force
ONUR CAN KESKİN
He graduated from Dokuz Eylül University, Faculty of Law in 2008. He participated in certification programs carried out by Ankara University’s Human Right Center and the Human Rights Common Platform and by Ankara Bar Association and The Council of Europe. He is currently a law apprentice in Ankara.
*Ankara Bar Association
PROBLEMATIZING THE STATE OF EMERGENCY
WITHIN THE CONTEXT OF PERSONAL SECURITY
The state of emergency is an indispensable constitutional situation in states of law where liberal democracies dominate. States of emergency or Martial Laws have been implemented in our country during crisis periods. From this point of view, I will problematize the state of emergency by benefiting from current critics related to the state of emergency in political science and law literature and by benefiting also from state of emergency cases which jeopardized personal security in Turkey.
I will benefit particularly from the thesises of Giorgio Agamben and Carl Schmitt in which they criticized the state of emergency. Additionally, I will support my declaration with the decisions related to personal security made by the ECHR because of state of emergency implementations declared in Turkey.
In conclusion, I will discuss if this constitutional implementation, which has a high probability of jeopardizing our personal security, does or doesn’t protect the law.
Key Words: State of Emergency, State of Law, Liberal Democracy, Dominant, Law
He is a student at Istanbul University, Faculty of Law. He participated in Bilgi University NGO Training and Certification Program in 2007. He is working in NGOs such as Young Civilians, Political Vision Movement, the Association of Confronting the Past and Researching Social Events and Turkish Economic and Social Studies Foundation Democratic Change Volunteers.
*Istanbul University, Faculty of Law
CHILD BRIDES IN TURKEY
According to international documents, every marriage under the age of eighteen is named a child marriage and the girl who got married is called a child bride. Financial difficulty, domestic sexual assault, out-of-wedlock pregnancy and the understanding which dominates in the traditional way of living and states that women should obey to the husband at her early ages could be considered among the main reasons for early marriages. However, it is possible to say that economical reasons dominate among these reasons. As a matter of fact, national-scale researches, carried out mostly by universities on determining the income group of families in which child brides are seen; show that there is a direct proportion between the frequency of child brides and the poverty of the family; and global-scale researches, carried out mostly by the World Bank and the United Nations Organizations, show that there is a direct relationship between the early marriages of girls and the countries’ level of development. It is possible to say that one out of every three women is a child bride in Turkey. It is believed that firstly a common language should be constituted on the approach to the child bride problem in Turkey. After a common language has been constituted, it is predicted that it would be right to determine the struggle methods. Making alterations in the regulation and accurately implementing the regulation, making military service compulsory for women, making secular ethics (instead of religious ethics) dominant over the society, producing economical policies for the purpose of increasing per capita income are proposed in this study as struggle methods for the child bride problem. It is asserted in this study that every effort will be an effort half finished unless the child bride problem is approached from the economic perspective. It is believed that this study, in which document scanning and content analysis methods are used, is important in terms of initiating new discussions in the context of level of economical development and gender.
Key Words: Child Brides, child marriage, bride price, underdevelopment, poverty.
DİREN ÇAKMAK email@example.com
Diren Çakmak was born in Adana in November 1st, 1977. She completed her undergraduate education at Marmara University, Faculty of Economics and Administrative Sciences, Department of International Relations (Eng.) and her graduate education at Ankara University, Political Science. She completed her doctoral program in Political Science at Ankara University in 2007. Diren Çakmak worked at the Ministry of Culture and Tourism between 2001 and 2005. She worked as Research Assistant Doctor between 2005 and 2008 at Çankaya University, Faculty of Economics and Administrative Sciences, Department of International Relations. On December 2008, she transferred to Hitit University, Faculty of Economics and Administrative Sciences, Department of Economics as an Assistand Professor. She is fluent in English and speaks German at an intermediate level. She can Latinize texts printed in Ottoman Turkish. She has two articles published in referred journals, seven declarations submitted in international academic meetings, one article in a book published by a national publisher, five articles published in national referred journals, two declarations submitted in national academic meetings and six academic essays published in various journals. She teaches the lesson “The History of Economy’ in Hitit Unversity’s undergraduate program and the lesson ‘Research Methods in Social Sciences’ in Hitit Unversity’s master’s program.
*Assistand Professor, Hitit University, Faculty of Economics and Administrative Sciences, Department of Economics, Çorum
ACTIVITIES OF FORENSIC MEDICINE REGARDING ILLEGAL IMMIGRATION AND HUMAN TRAFFICKING IN OUR COUNTRY
Dr. Yiğit Düzköylü*
People emigrate from their own countries, where they lived in poverty and pain, to developed and prosperous countries to live in better conditions, to find jobs and to escape from social, political and economic prolems in their countries and meanwhile, they usually become victims of illegal human trafficking malicious persons or organizations.
Yet, the fact that most developed countries consider these groups of persons entering illegally to the countries as cheap labor; the fact that the countries’ policies show tolerance to illegal migration; and the fact that the countries don’t take concrete and efficient steps to prevent this situation causes the illegal human trafficking, and, consequently, the victims to further increase each passing days. Turkey is a country where illegal human trafficking events occur often because of the fact that the country is a brigde between prosperous European Union countries and the Far East, the Middle East and Africa.
During illegal human trafficking, victims get serious physical and mental damages and some might even die; they might be exposed to severe human rights violations; they might be kept in migrant camps under adverse conditions; and they might be dragged to many events ending with death or injury. In these kinds of events, forensic medicine produces important services such as determining the identity and the cause of death of the death victim, revealing the physical and mental damages of the victim and determining the victim’s bone age. Istanbul University, Istanbul Medical Faculty, Forensic Medicine Department is an important center where these kinds of applications are made. In this presentation, the duties and works of forensic experts on illegal migration and human trafficking will be forwarded to lawyers. The stages of the forensic procedures in determining the age of people, who entered to our country from Africa in order to pass to Europe, are also among the subjects explained. Our wish is that people don’t become victims of malicious persons who make illegal human trafficking.
Key Words: Illegal migration, human trafficking, shelters, age determination, forensic medicine, Istanbul Medical Faculty
Yiğit Düzköylü was born in Samsun on May 6th, 1983. He graduated from Kadıköy Anatolian High School and Istanbul Cerrahpaşa Medical Faculty. He is currently continuing his specialization training at Istanbul Medical Faculty Forensic Medicine Department. Literature, music and sports are his area of interests. He is fluent in English.
*Istanbul Medical Faculty Forensic Medicine Department
ANALYSIS OF NEWS-STORIES RELATED TO THE ISSUES OF FORENSIC MEDICINE THAT HAD TAKEN PLACE IN MASS COMMUNICATION MEANS IN THE YEAR 2008
Dr. Yaprak Pelin Gündoğdu*
Mass communication means are all visual, audio and both visual and audio means that deliver all sorts of information to individuals and societies and have three fundamental duties which are entertaining, informing and educating. Each passing day, the modern lifestyle in the world makes people more addicted to the technical means of communication. The main duty of mass communication means is surely to allow societies to acquire information. Mass communication means must accurately and impartially deliver information while fulfilling its duty. These means closely follow the scientific developments in the field of medicine and deliver the acquired information to large mass of people day to day.
When compared to other fields of medicine, the study field of forensic medicine is the sole field of medicine that is in a direct one-to-one relationship with various branches of law. Investigation of suspicious death cases, determination of all sorts of violence phenomenon, paternity determination, identity and age determination, physical and sexual harassment of children, violence against women, determination of human rights violation and evaluation of occurrence of the medical application errors are among the study subjects of forensic medicine. Many forensic cases are closely followed by mass communication means and are reported to the society because all the aforementioned subjects are in close relationship with the society.
For sure, our expectation at this point is that mass communication means investigate accurately the cases at issue, reach to special and general information and details about the cases and report objectively the acquired information to the society. In this study, we evaluated the quality and quantity charasterictics of forensic cases and related news that were broadly mentioned in mass communication means periodically in 2008. Our objective is to evaluate how forensic cases are delivered to the society, to reveal the deficiency and mistakes we determined and to evaluate the elements emphasized while delivering information and the characteristics of these cases in terms of informing and educating the society. At the end of this presentation, the participators’ knowledge level about the subjects listed below will increase:
• From what perspective the participators should look at news about forensic medicine,
• From which channels and how the participators can reach to reliable and correct information about the subject,
• In what extent law professors, who follow mass communication means, should take in consideration these kinds of news while evaluating the cases at issue.
Key Words: Mass communication means, News, Right of Privacy, Forensic Medicine, Istanbul Medical Faculty
YAPRAK PELİN GÜNDOĞDU
Yaprak Pelin Gündoğdu was born in Erzurum in January 1st, 1983. She graduated from Erzurum Şenkaya High School and Istanbul University Medical Faculty. She is currently continuing her specialization training at Istanbul Medical Faculty Forensic Medicine Department. Between November 2006 and October 20007, She completed her compulsory service as a practitioner at Erzurum Şenkaya Healt Care Center. She is interested in cinema, books, theatre, dance and music. She is fluent in English.
*Istanbul Medical Faculty Forensic Medicine Department
ROLE OF FORENSIC MEDICINE IN PREVENTING DOMESTIC VIOLENCE PROLEM
Dr. Hasan Onur Yavuz
Domestic violence is all acts that cause family members to be physically or mentally abused. According to World Health Organization data, between 10% and 69% of the women are exposed to violence by their husbands or partners and according to the results of a research carried out by the Prime Ministry Family Research Instutition in 1995, physical violence is seen in 34% and verbal violence is seen in 53% of the families.
According to the same research again, the rate of physical violence against children is 46%. Although domestic violence is one of the most common human rights violations nowadays, it is a problem that usually remains confidential. Therefore, it remains as a problem waiting for important steps to be taken for its resolution. The victims of domestic violence are mostly women, children and elders and the violence might have various biological, psychological and social reasons. Struggling with domestic violence is of vital importance in order to protect the community health care, to prevent human rights violations and to ensure the development.
Forensic Medicine is a science that determines the cases’ effects on human health and submits evidence in order the law evaluates the cases correctly and well-informed. Forensic Medicine’s duty on struggling with domestic violence is to document the psychologic and physical effects of violence on the victims and to ensure the law evaluates these effects enlightenedly during the judicial phase.
It is very important that the forensic report is prepared accurately and in detail so that the violence users are punished and the victims protect their right later. Istanbul Medical Faculty Forensic Medicine Department is a service unit operation between 09:00 am and 15:30 pm since December 24th, 1999 and working under the supervision of one assistant professor, one specialist and one specialization student in medicine. Many cases, such as domestic violence, sexual assaoult, torture claims, can directly apply to the unit without decision and directif of any judicial authority. The position and importance of the report, which is sent to lawyers by forensic units in cases of domestic violence, on maintaining personal security will be explained with example cases in this presentation.
Key Words: Domestic violence, Violence against women, Child abuse, Criminal Law, Forensic Medicine, Istanbul Medical Faculty
HASAN ONUR YAVUZ
Hasan Onur Yavuz was bonr in Istanbul on February 2nd, 1983. He graduated from Edirne Science High School and Istanbul University, Cerrahpaşa Medical Faculty. He is currently continuing his specialization training in medicine. He is fluent in English.
*Istanbul Medical Faculty Forensic Medicine Department
ROLE AND IMPORTANCE OF FORENSIC MEDICINE IN PREVENTING THE VIOLATION OF HUMAN RIGHTS AND TORTURE
Dr. Erenç Yasemin Dokudan*
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” says the article 5 of the Universal Declaration of Human Rights adopted on December 10th, 1948 by the General Assembly of the United Nations. However, even after the acceptance of this declaration, we see that human right violations and torture cases - almost of the same age with history of humanity – still continue. The violations at issue maintain their existences in developed and underdeveloped all countries. The preeminent duty of forensic specialists on preventing human rights violation and tortures is to determine the existence of mal-treatment and torture at issue and to document this situation to legal authorities in a manner they can investigate. In the world of science environments, the existence of human rights violations and torture can be revealed in an impartial and standardized manner with the Minnesota Autopsy Protocol since 1991 for death people and with the Istanbul Protocol since 2001 for living people. Despite all these regulations, as a result of police forces’ pressures and threats against doctors, sometimes these standard procedures cannot be applied in Turkey. Human rights violations and tortures are seen more frequently in some periods and less frequently in some periods. Yet, in many international regulations, it is a universal rule that no actual breach against healthcare organizations and hospitals is in question during states of war. However, during the social events that occurred on May 1st, 2008, police forces units threw gas bomb at the Emergency Service of Şişli Etfal Training and Research Hospital. Another event that occupied the public agenda during the last months of 2008 was the death of a citizen named Engin Çeber. Engin Çeber died as a result of mal-treatment he experienced while he was custody.
In this study, within the scope of the cases submitted to the Forensic Medicine Department, we aimed to show the importance of implementing qualitative and detailed medical examinations on revealing human rights violations and tortures in revealing the bad situations at issue and therefore preventing it. As long as we fulfill this duty properly, we believe that it is be possible to struggle more effectively with human rights violations and tortures and that this problem will reach the lowest level.
Key Words: Human rights violation, torture, forensic medicine, criminal law, Istanbul Medical Faculty
ERENÇ YASEMİN DOKUDAN
Erenç Yasemin Dokudan was born in Giresun Şebinkarahisar on April 26th, 1982. She graduated from Bursa Cumhuriyet High School and Istanbul Medical Faculty. She is continuing her specialization training in medicine. She worked as a practitioner at Gümüşhane Köse. She is fluent in English.
*Istanbul Medical Faculty Forensic Medicine Department
I. Symposium on Youth of Law
“Personal Security in the State of Law”
Ankara University Faculty of Law
Mahmut Esat Bozkurt Hall
20-21 March 2009
20 March 2009 Friday
14.00–14.30 Opening Speeches
Nazire Dedeman, Founder Head of Umut Foundation
Av. V. Ahsen Coşar, Head of Ankara Bar Association
Prof. Dr. Mustafa Akkaya, Ankara University Dean of Faculty of Law
14.30–16.00 SESSIONS I “STATE OF LAW AND PERSONAL SECURITY”
Chairman: Lawyer Fikret İlkiz
- “Dilemma of Freedom and Security in the State of Law in Terms of Police Forces and Relevant Regulations”
Av. Cüneyd Altıparmak, Şanlıurfa Bar Association
- “The relationships between Individuals and State in Liberal Systems within the Context of Hegel”İbrahim Halil Çetres,
Süleyman Demirel University Faculty of Science and Literature, Department of Philosophy
- “State of Law and Personal Security in the State of Law”
Mesut Başkan, Dokuz Eylül University Faculty of Law
- “Personal and Social Security”Diğdar Daşkın,
Marmara University Faculty of Law
16.00–16.15 Coffee Break
16.15–17.45 SESSION II “IMMIGRATION, POVERTY AND PERSONAL SECURITY”
Chairman: Ass. Prof. Türkan Yalçın Sancar
- “Immigration Problem and Its Effects within the context of Personal Security in Turkey”
Law Apprentice Ufuk Kula, İzmir Bar Association
- “Law for a Secure Life”Pelin Pınar Kaya,
İstanbul Bilgi University Faculty of Law
- “Poverty and Personal Security”
Law Apprentice Mehmet Serdar Gökkan, Ankara Bar Association
- “Womanising Immigration in Turkey: Relating the Security Problems of Sex Workers and Domestic Servants”
Research Assistant Ayşen Üstübici, Bahçeşehir University Faculty of Economics and Administrative Sciences
21 March 2009 Saturday
10.00–11.30 SESSION III: “MEDIA, TECHNOLOGY AND PERSONAL SECURITY”
Chairman: Prof. Nurçay Türkoğlu
- “Information Technologies and Personal Security”Onur Özbek,
Police Academy, Institute of Security, Department of Crime Investigations
- “Technology and Personal Security”Arife Gülten,
Yeditepe University Faculty of Law
- “Limitations of the Freedom of Press in relation to the Rights of Individuals”
Ömer Mallı, Dokuz Eylül University Faculty of Law
- “Measures on the Supervision of Communication and Personal Security in line with Fundamental Rights and Principles: Someone is listening to us!”
Hande Atay, Dokuz Eylül University Faculty of Law
11.30–11.45 Coffee Break
11.45–13.00 SESSION IV: “PEACE AND PERSONAL SECURITY”
Chairman: Lawyer Salih Akgül
- “Personal Security for Social Peace”
Law Apprentice Hasan Hüseyin Işıktan, Antalya Bar Association
- “Why do Alexises die? Authority of Police Forces to Use Firearms and Personal Security”
Law Apprentice Onur Can Keskin, Ankara Bar Association
- “Problematizing the Emergency State within the context of Personal Security”
Erkan Şen, Istanbul University
- “Child Brides in Turkey”
Yard. Doç. Dr. Diren Çakmak, Hitit University Faculty of Economics and Administrative Sciences
14.30–16.00 PRIVATE SESSION: “FORENSIC MEDICINE AND PERSONAL SECURITY”
Chairman: Ass. Prof. Nevzat Alkan
- “Activities of Forensic Medicine regarding Illegal Immigration and Human Trafficking in Our Country”
Dr. Yiğit Düzköylü, Istanbul Medical Faculty Forensic Medicine Department
- “Analysis of News-Stories related to the Issues of Forensic Medicine that had Taken Place in Mass Communication Means in the year 2008”
Dr. Y.Pelin Gündoğdu, Istanbul Medical Faculty Forensic Medicine Department
- “Role of Forensic Medicine in Preventing Domestic Violence Problem”
Dr. Hasan Onur Yavuz, Istanbul Medical Faculty Forensic Medicine Department
- “Role and Importance of Forensic Medicine in Preventing the Violation of Human Rights and Torture”
Dr. Yasemin Dokudan, Istanbul Medical Faculty Forensic Medicine Department
16.00–18.00 Certificate Ceremony and Cocktail
- “Dilemma of Freedom and Security in the State of Law in Terms of Police Forces and Relevant Regulations”