A comparative study of the Juvenile Penitentiary System in Turkey and in Hungary

Szerző(k): Bory Noémi, Hüseyin Şik

Juvenile criminal justice systems

Juvenile pushed to crime

Since people, who are accepted as juvenile in the field of criminal law are actually considered “adolescent” or “young” in terms of developmental psychology, this concept is not seen as “juvenile delinquency” in western countries, but as “young delinquency”.

The concept of “juvenile delinquency” is used in Turkey and it means people who have not yet completed the age of eighteen at the time of committing the crime. The Convention on the Rights of the Child considers those who have not completed the age of eighteen as “children”. It should be noted that as a requirement of this convention, in the Child Protection Law dated 3 July 2005 and numbered 5395, the jurisdiction of juvenile courts is determined as eighteen years of age.

Juveniles pushed to crime may commit crimes due to individual reasons arising from biological and psychological basis as well as for social reasons, such as family, school, environment, mass media, economic and social factors. However, today it has been determined that among these reasons, social reasons are more prominent. Unemployment, poverty and economic difficulties are also very substantial in the tendency of juvenile people to commit crimes or to be pushed to crime. When we look at the statistical data, the fact that the crimes committed by juveniles are generally crimes against property – such as robbery – likely proves this situation.

Juvenile justice systems

International juvenile justice system standards have been developed by the United Nations at the international level and by the Council of Europe at the regional level for over twenty-five years. Juvenile-specific instruments such as the Convention on the Rights of the Child and general human rights conventions such as the European Convention on Human Rights have an important function in determining the obligations of States towards juveniles who are pushed to commit crime. These conventions, together with sanction and monitoring mechanisms (the Committee on the Rights of the Child and the European Court of Human Rights, respectively), set and develop international standards for the approach to juveniles pushed to crime.

There are four general principles within the United Nations Convention on the Rights of Child:

The right to life,
The right to survival and development,
The right not to be discriminated,
The right granting that the best interests of the child must be a primary consideration in all actions concerning children and the child’s views must be considered and taken into account in all matters affecting him or her.

These provisions should be part of States’ approach to how they should treat juveniles in conflict with the law. States should guarantee that laws, policies and practices related to the juvenile justice system are regulated to protect all juvenile’s rights and ensure their development. In particular, it should ensure that the best interests of the juvenile are a top priority in all decisions, and that the views of the juvenile are taken into account in the light of his/her age and maturity.

Provided that human rights and relevant legal guarantees are fully respected, United Nations Convention on the Rights of Child stipulates that measures should be taken to establish special laws, procedures and institutions for juveniles in conflict with the law; in other words, to determine an entirely private juvenile justice system and the lower limit for the age of criminal responsibility and to deal with the juvenile in question without resorting to a judicial remedy (Art 40). The approach of the State towards juvenile faced to crime should be aimed at preventing juvenile delinquency and it is important to direct juvenile to other options as a whole within the criminal justice system. Trial and judgment processes that take into account the age of the juvenile and whether he/she has reached sufficient maturity should be implemented.

United Nations Guidance Instruments on the Juvenile Justice System

Three basic international instruments approved as United Nations General Assembly Resolutions appear as a detailed guide to the juvenile justice system.

The Riyadh Guidelines (Prevention)

Its full name is the United Nations Guidelines for the Prevention of Juvenile Delinquency. It was adopted and announced with the decision of the General Assembly dated 14 December 1990 and numbered 45/112.

These rules stipulate that the prevention of juvenile delinquency is a core element of crime prevention; that young people can gain an understanding that is not intended to constitute a crime by devoting themselves to lawful and beneficial activities in society, by making an effort suitable to this attitude and to life within humanistic perspective; that the prevention of juvenile delinquency requires the cooperation of the family, educational institutions, the environment, the media and the State; that the juvenile should live his childhood and it is possible to support it; that special attention should be given to juvenile at risk; that an active role in society should be given to young people, and that policies and practices should be arranged in accordance with these purposes.

The Riyadh Rules consist of basic perspectives, scope of guiding principles, general measures, socialization processes, social policy, legal regulations and juvenile justice system management, research, policy development and coordination.

The Beijing Rules (Trial)

Its full name is the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. It was adopted by the decision of the General Assembly dated 29 November 1985 and numbered 40/33.

Beijing rules aim to increase the welfare level of juveniles as much as possible through inclusive social policies in order to protect them from the harmful effects of crime. In this way, the requirements for the intervention of the juvenile criminal justice system will be minimized, and the harmful effects of such practices on juveniles will be reduced. The fact that juveniles benefit from such care and attention before the crime committed, constitutes the basic policies that will not necessitate the application of the rules.

These rules are regulated to be applied in different legal systems and contain minimum standards regarding the procedures to be applied to juvenile in conflict with the law under each system and definition. In this case, it has introduced a definition of juvenile/children within the limits of 7 years to 18 years (or more). Even if the difference is inevitable in different legal systems, this situation is not considered to eliminate the validity of the Minimum Standard Rules.

The first part of the rules regulates the general principles and fundamental perspectives in the juvenile justice system; the second part the principles to be followed in investigation and prosecution; the third part the principles of adjudication and disposition; the fourth part is stresses the non-institutional treatment; the fifth part is contains the principles of institutional treatment; the sixth and final part includes rules for research, planning, policy formulation and evaluation.

The Havana Rules (Enforcement)

Its full name is the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. It was adopted by the decision of the General Assembly dated 14 December 1990 and numbered 45/113.

These rules determined that the deprivation of liberty of the juvenile is the last resort, the detention pending trial shall be used for the shortest possible period of time, and the rights of the juvenile deprived of his/her liberty and the minimum qualifications of the institution and the staff of the institution where the juvenile is held are guaranteed. Havana rules have given the States the responsibility to determine the minimum age limit at which juvenile will not be deprived of their freedom, to respect the human rights of the juvenile, to keep them separate from adults, to create activities and programs in institutions that will increase the juvenile’s physical, mental and social development and his potential as a member of society, and to establish independent control mechanisms.

The main point of view in the Havana Rules includes the rights of juvenile in custody or pre-trial trial detention, the management of institutions where juveniles are held, and the regulations regarding staff.

The United Nations also adopted Guidelines on justice in matters involving child victims and witnesses of crime in 2005. While these principles do not focus directly on the juvenile justice system, it applies to the proceedings of the accused children, particularly where the victim is also under the age of eighteen. These guidelines and rules, which clarify the provisions of the Convention on the Rights of the Child and similar instruments on many issues related to the juvenile justice system, should be considered together with the Convention.

Council of Europe Guiding Principles on the Prevention of Juvenile Delinquency

The Council of Europe has also adopted a series of recommendations on the prevention of juvenile delinquency and the juvenile justice system. Some of them are as follows:

Recommendation (87) 20 of the Committee of Ministers to Member States on social reactions to juvenile delinquency
Recommendation (88) 6 of the Committee of Ministers to Member States on social reactions to juvenile delinquency among young people coming from migrant families
Recommendation (2000) 20 of the Committee of Ministers to Member States on the role of early psychosocial intervention in the prevention of criminality
Recommendation (2003) 20 of the Committee of Ministers to Member States on concerning new ways of dealing with juvenile delinquency and the role of juvenile justice
Recommendation (2004) 10 of the Committee of Ministers to Member States on concerning the protection of the human rights and dignity of persons with mental disorder
Recommendation (2005) 5 of the Committee of Ministers to Member States on the Rights of Children Living in Residential Institutions
Recommendation (2006) 2 of the Committee of Ministers to Member States on the European Prison Rules

Giving priority to the best interests of the child

One of the most important general principles of the Convention on the Rights of the Child is to prioritize the best interests of the child. According to Article 3 of the Convention, which includes the principle of “best interests of the child”, the best interests of the child shall be taken into account in all activities carried out by the legislative bodies, administrative authorities, courts, social welfare institutions and parents. This commitment is a commitment that includes protecting the best interests of the child in all institutions where the child is held and in all proceedings concerning the child, and giving priority to the best interests of the child in cases where his/her interests conflict with other interests. With this aspect, it is also a guide in terms of the penal institutions where the juveniles are held.

The investigation in juvenile crimes

Investigation phase in juvenile crimes in Turkey

The matters regarding the investigation and prosecution of the juvenile pushed to crime are regulated in the Child Protection Law.

The investigation about the juvenile pushed to crime is personally carried out by the Public Prosecutor in charge of the juvenile bureau. When deemed necessary during the investigation, the Public Prosecutor may request the implementation of protective and supportive measures from the juvenile judge. Juveniles are kept in custody in the juvenile unit of the law enforcement. Where law enforcement is not available in the juvenile unit, juveniles are kept separately from adults in custody.

Investigation phase in juvenile crimes in Hungary (Criminal Procedure)

In Hungary the chapter XCV of the Act XC of 2017¹ is regulating the criminal procedure against the juveniles. In the criminal procedures special provisions are applied for the juveniles, but when there are no special rules for them, the general provisions shall apply. The objective of the juvenile criminal procedure is to ensure the reintegration to the society, not to commit any other criminal offence again after release and to foster his/her education and to promote his/her intellectual, moral, emotional development.

A juvenile criminal proceeding may be conducted against a person if he/she has completed the age of twelve years, but he/she has not completed the age of eighteen years when committing the criminal offence. If there is more than one defendant in the criminal procedure, the case of the adult defendant shall be adjudicated together with the case of the juvenile perpetrator, if there is a relation to the case of the juvenile defendant. Against a juvenile perpetrator only the public prosecution is mandatory, if there is a private prosecution, the prosecution service shall proceed the procedure.

The protection of the juveniles during the whole procedure is very important, the court, the prosecution service and the investigating authority shall monitor continuously whether any circumstance appeared in connection with the juvenile perpetrator what makes necessary the duty of indication or to initiate an authority proceeding as defined in the Act on the protection of children and guardianship administration.

Since 2011 there is no special court in Hungary for the juvenile perpetrators, but the composition of the court is different from the adults perpetrator’s court. In a juvenile criminal proceeding, a council of the first instance court shall proceed, if the criminal offence is punishable by imprisonment up to eight years or more, or the case was referred to a single judge. In a juvenile criminal proceeding at first instance the court shall be composed from one professional and two lay judges. The single judge and the chair of the council should be professional judges. The lay judge should be a pedagogue, a psychologist or a person who works, or used to work in a position, for which a university or college degree is required and who directly worked in the territory of healing, treatment, employment, development, assistance, care or social support of the care recipients within the framework of a family, child or youth protection service or the guardianship administration.

In the juvenile criminal procedure the prosecutor is designated by a superior prosecution service.

The participation of the defence counsel is mandatory in the following measures:

interrogation as a suspect,
confrontation,
presentation for identification,
on-site interrogation,
reconstruction of the criminal offence,
a court session in a procedure relating to a coercive measure affecting the personal freedom when the judicial permission is necessary² .

If the defence counsel has not been present and has not been notified, she/he shall be notified ex post of any procedural act.

In juvenile criminal proceedings there are special means of evidence, because it is relevant to learn about the special needs and the environment of the juvenile. These special means of evidence are:

social environment assessment,
opinion by a probation officer or summary opinion by a probation officer,
expert opinion,
witness testimony by a probation officer,
witness testimony by a legal representative or another person caring for him/her.

The legal representative or the other person caring for the juvenile should cooperate with the authorities on the individual assessment of the juvenile. The social environment assessment is prepared by a probation officer. a probation officer shall interview the juvenile, his/her legal representative or another person caring for him/her, and also obtain the opinion of the pedagogue from the school and establish the previous child protection history.

The examination of the soundness of a person’s mind is very important in the criminal procedure against the juveniles. After the disclosure of the reasonable suspicion, arrangement shall be made without delay for the appointment of an expert, to examine the capacity to be held liable for his/her acts, and the soundness of the mind is necessary for recognising the consequences of the criminal offence, of a juvenile, who has attained the age of twelve years but has not attained the age of fourteen years at the time of committing his/her criminal offence.³

The investigation shall be finished within one year after the juvenile interrogated as a suspect, if the criminal offence is punishable by imprisonment for not more than five years. If an investigation is in progress against a juvenile for a criminal offence is punishable by imprisonment for more than five years, the time limit for the investigation may not be extended beyond two years after the juvenile was interrogated as a suspect.

There are special rules for the pre-trial detention. The particular material gravity of the criminal offence is necessary beside the general reasons of the pre-trial detention for adult perpetrators.⁴

The pre-trial detention shall terminate if its period reaches one year, provided that the juvenile has not attained the age of fourteen years at the time of committing the criminal offence, or two years provided that the juvenile has attained the age of fourteen years at the time of committing the criminal offence.⁵

A court shall decide about the place of executing the pre-trial detention of a juvenile in light of his/her personality and the nature of the criminal offence held against him/her. During the period of pre-trial detention, the court can change the place of the execution of the pre-trial detention upon a motion of the prosecution service, the defendant or the defence counsel or, after the indictment, ex officio.

The sanction systems

Sanctions for juveniles in Turkish Criminal Law

There are two types of sanctions in Turkish Criminal Law (hereinafter: CPC): Imprisonment and fine.⁶

Minors under the age of twelve are exempt from criminal liability. However, security measures may be imposed.⁷

These measures are issued in the Child Protection Code (hereinafter: CPC) Art 5:

“Protective and Supportive Measures,

(1) Protective and supportive measures are measures to be taken in terms of consulting, education, care, health and shelter, for the purpose of protecting the juvenile within his/her own family environment before all else. These measures are as follows:

a) Consultancy measure is a measure oriented to providing guidance on child rearing to those who are responsible for the care of the juvenile, and guidance to juveniles on solving problems related to their education and development;

b) Education/training measure, is a measure oriented to ensure that the juvenile attends an education institution as a day-student or boarding student, attends a vocational training course or arts & crafts course, or is deployed with a master of profession or at a workplace belonging to the public or private sector for the purpose of acquiring a job or a profession,

c) Care measure is a measure to make governmental or private care centre services or foster family services available for the juvenile or place the juvenile under the care of such institutions, in the event that the person responsible for the care of the juvenile fails to fulfil his/her care duties due to any reason,

d) Health measure is a measure to ensure necessary temporary or continuous medical care and rehabilitation for treatment and protection of the juvenile’s physical and physiological health, and treatment and therapy for juveniles who use addictive substances,

e) Shelter measure is a measure to provide a suitable shelter for those who have children but do not have a place to live, or to pregnant women whose lives are in danger.”

In terms of juvenile who have reached the age of 12, a penalty mitigation is made. This penalty mitigation varies according to the age range of 12-15 and 15-18.

Art 31 of the TCC, which issues these penalty mitigation, is given below:

“(1)⁸ Minors under the age of twelve are exempt from criminal liability. While such minors cannot be prosecuted, security measures in respect of minors may be imposed.

(2)⁹ Where a minor is older than twelve, but younger than fifteen, at the time of an offence, and he is either incapable of appreciating the legal meaning and consequences of his act or his capability to control his behavior is underdeveloped then he is shall be exempt from criminal liability. However, such minors may be subject to security measures specific to children. Where the minor has the capability to comprehend the legal meaning and result of the act and to control his behaviors in respective of his act, for offences requiring a penalty of aggravated life imprisonment, a term of twelve to fifteen years of imprisonment shall be imposed and for offences that require a penalty of life imprisonment, a term of nine to eleven years imprisonment shall be imposed.

Otherwise the penalty to be imposed shall be reduced by half, save for the fact that for each act such penalty shall not exceed seven years.

(3)¹⁰ Where a minor is older than fifteen but younger than eighteen years at the time of the offence then for crimes that require a penalty of aggravated life imprisonment a term of eighteen to twenty-four years of imprisonment shall be imposed and for offences that require a penalty of life imprisonment twelve to fifteen years of imprisonment shall be imposed. Otherwise the penalty to be imposed shall be reduced by one-third, save for the fact that the penalty for each act shall not exceed twelve years.”

In the event that the resulting penalty for the acts committed by juvenile is one year or less, this penalty must be converted into alternative sanctions to the prison sentence in the first paragraph of the same article (Art 50/3 of TCC):

“(3) Where any offender has not previously received a penalty of imprisonment and the penalty of imprisonment imposed is thirty days or less; or where an offender was under eighteen or over sixty-five years of age at the time of the offence and the term of imprisonment imposed is one year or less, such term of imprisonment shall be substituted by one of the alternative sentences described in the paragraph one.”

While it is possible to postpone prison sentences up to two years, this period is three years for children. (Art 51 of the TCC;

“(1) A sentence of imprisonment for a term of two years or less may be suspended. The upper limit of this term is three years for those under eighteen of age or above sixty-five years old at the time of the commission of the offence.”

Sanctions for juveniles in Hungarian Criminal Law

In Hungary the Criminal Code¹¹ contains the special regulation for the juvenile delinquents. Usually the adult’s regulations apply for juvenile delinquents, with some exceptions. The sanctions are more lenient and give consideration to the juvenile’s age.

There is no individual legal codification for juveniles. Some other countries have individual criminal code for juveniles. These individual codes include the substantial and the procedural regulations as well (for example in Spain).

The definition of a juvenile in Hungary changed in 2012. From 1st July 2013 a juvenile is a person who is between twelve and eighteen years at the time of committing a criminal offense. In the previous regulation a juvenile was a person who was between fourteen and eighteen years old and it was a cause for total exemption of criminal responsibility.

Now a minor under twelve is not responsible for the criminal offenses in any case, because they are minors, but between twelve and fourteen years of age, if they commit homicide, voluntary manslaughter, battery, acts of terrorism, robbery and plundering, minors are punishable under the age of fourteen, if they have the capacity to understand the nature and consequences of their acts. This has to be proven by the children psychologist. The only sanctions that are applicable against them are probation or correctional facility. The maximum duration of the correctional facility is four years and the minimum duration is one year.

A “juvenile offender” is a person between the age of twelve and eighteen years at the time of committing a criminal offense.

The principle objective of any penalty or measure imposed upon a juvenile is to positively influence the juvenile’s development to become a useful member of society, and such penalty or measure should therefore have the juvenile’s guidance, education and protection as a primary consideration.

A penalty shall be imposed upon a juvenile when the application of a measure appears to be impractical. Only measures may be imposed upon a person who has not reached the age of fourteen years at the time the criminal offense was committed.

A measure or penalty involving the deprivation of liberty may only be imposed against a juvenile offender if the aim of the measure or penalty cannot be achieved otherwise.

In Hungary, has a dual sanction system, which means that both punishments and measures are applicable. The punishment againts juveniles only could apply, if the measure is inadequate.

The Hungarian Criminal Code defines that the aim of the general punishment is to prevent – in the interest of the protection of society – the perpetrator or any other person from committing an act of crime As opposed to the adult sanctions which are repressive, in relation to juveniles they should be reparative and educational sanctions.

Education sanctions are: probation, supervision of a probation officer, correctional facility or the suspended imprisonment. It is important that the educational aim predominates during the whole criminal procedure. The criminal procedure not only reveals the most important facts of the crime, but also feels the juvenile delinquents during the entire criminal procedure the educational aim.

There are two types of penalties with deprivation of liberty: the imprisonment and the custodial arrest.

The minimum term of imprisonment to be imposed upon juvenile offenders shall be one month for all types of criminal acts. The maximum term of imprisonment that may be imposed upon a juvenile offender over the age of sixteen years at the time the crime is committed shall be:

ten years for a crime that carries a maximum sentence of life imprisonment;
five years for a crime that carries a prison term of more than five years.

The maximum term of imprisonment that may be imposed against a juvenile offender over the age of sixteen years at the time the crime is committed shall be:

fifteen years for a crime that carries a maximum sentence of life imprisonment;
ten years for a crime that carries a prison term of more than ten years;
five years for a crime that carries a prison term of more than five years.¹²

A sentence of imprisonment imposed shall be carried out in a juvenile detention facility if:

the juvenile is sentenced to imprisonment of two years or more for a felony;
the juvenile is a recidivist and was sentenced to imprisonment of one year or more; or
the juvenile sentenced to imprisonment of one year or more and, within a period of three years prior to having committed a criminal offense intentionally, he was sentenced to confinement in a reformatory institution for an intentional criminal offense.

Apart from the above mentioned cases, a sentence of imprisonment imposed shall be executed in a juvenile jail.

The other sanction with deprivation of liberty is the custodial arrest, but the duration is more milder than the imprisonment, it is from three days to thirty days and executed in a penitentiary institution (for adults from five to ninety days).

One measure with deprivation of liberty is applicable only against the juveniles, it is the reformatory institution (correctional facility).

The court shall order placement in a reformatory institution if proper education of the juvenile can only be provided in an institution. Placement in a reformatory institution may not be ordered against a person over the age of twenty years at the time of sentencing.¹³

The duration of placement in a reformatory institution may be between one year to four years.

In ordering placement in a reformatory institution the court shall establish that the juvenile offender may be released from the reformatory institution temporarily after half of the duration of placement as ordered:

having spent at least one year in the institution, and
if there is reason to believe that the aim of the measure may also be achieved without further confinement in the reformatory institution.

The duration of temporary release shall be the remaining part of confinement, but at least one year. The court shall terminate the temporary release if the juvenile is sentenced to any term of imprisonment during the temporary release or to placement in a reformatory institution. If the court imposes another penalty or measure against the juvenile, temporary release may be terminated.

In case of the termination of temporary release the period spent on temporary release may not be included in the term of placement in the reformatory institution.

If the juvenile offender is sentenced to an executable term of imprisonment for a crime committed after being sentenced to placement in a reformatory institution during the period of placement in a reformatory institution or temporary release, the imprisonment shall be carried out. In that case the remainder of the duration of placement in a reformatory institution shall be substituted to imprisonment, with two days of placement in a reformatory institution substituted by one day of imprisonment.

If the court has sentenced a juvenile to several terms of placement in a reformatory institution that were still pending at the time when ordering a consolidated measure, or which are being served continuously, the court shall order the juvenile to confinement in a reformatory institution as a consolidated measure. The term of placement in reformatory institution ordered as a consolidated measure shall be imposed at least for the maximum term of placement, not to exceed the combined terms of placements ordered, or four years.

Juvenile penitentiary systems

Rules for the juvenile penal institutions

Juveniles pushed to crime need special care, assistance and legal protection in terms of physical, mental, social and psychological development, by the reason they are in the early stages of the development process and because of various factors arising from negative life experiences. For this reason, all kinds of efforts for juvenile detainees and convicts should be evaluated separately from adults, taking into account the psychological and social needs of juveniles.

Juvenile detainees and convicts, due to the characteristics of the developmental period they are in, can be immediately affected by the negative consequences that adult criminals may cause. For this reason, it is of great importance that also in Turkey and in Hungary they are kept in a separate unit or institution in order not to encounter the aforementioned negativities, to protect them from risks like abuse, pushing to crime etc. that may come from adults, to prevent them from shifting to more negative directions, and to ensure that they benefit more effectively from the appropriate intervention methods they need.

For these reasons in Turkey and in Hungary, in accordance with the relevant national and international legislation (Law No. 5275 on the Execution of Penalties and Security Measures, Article 11, Article 15, Article, Article 111 third paragraph; Convention on Child Rights, Article 37; Havana Rules, Article 17, Article 29; Beijing Rules, Article 13 and Article 26), the judgement is given that juvenile should be kept separately from adults and detainees should be kept separately from convicts.

Juvenile Penal Institutions in Turkey

The detained juveniles are kept in their own closed penal institutions, and in provinces where the number of juvenile is low and there are no closed juvenile penal institutions, they are kept in the units reserved for juveniles in adult penal institutions. If there is no separate unit for girls detained in closed juvenile penal institutions, they stay in the units reserved for them in female closed penal institutions. Juvenile convicts are kept in juvenile reformatory houses. Juvenile Reformatory Houses (Correctional Facility) are facilities where the imprisonment given to juvenile convicts are carried out with the aim of educating the convicts, acquiring a profession and reintegrating them into society. There are no barriers to escape from these institutions. Institutional security is ensured under the supervision and responsibility of internal security officers. Juveniles who continue their education can stay in reformatory houses until the age of twenty-one.

There are nine single rooms in each ward in separate juvenile closed penal institutions. There is also a common living area in the wards where nine persons spend time together (watching television, eating, table tennis, etc.). In the rooms where the juvenile prisoners are accommodated, they each have their own work desk, bed and wardrobe. In Juvenile Reformatory Houses, juveniles are in single rooms. In this direction, the construction of new institutions in accordance with international standards, where all juvenile prisoners can stay alone, is rapidly continuing. In this context, there are 8 separate closed penal institutions (İstanbul, Ankara, İzmir, Hatay, Tarsus, Kayseri, Diyarbakir, Kavak) and 4 juvenile reformatory houses (Ankara, İstanbul, Elazıg, Urla) where juvenile detainees are stayed. Girls are accommodated in Urla Juvenile Reformatory House.

Juvenile Penal Institutions in Hungary

Prison sentences imposed on juveniles shall be served in a separate law enforcement institution or in a separated part of a law enforcement institution.

In the law enforcement institution established for juveniles, convicted adults can only be placed in order to ensure the operation of the law enforcement institution. In order to facilitate the integration of juveniles into society, assistance shall be sought from the office of the public guardian and other state and civil organisations, probation officer and the relatives of the juvenile.

In the course of serving the prison sentence, special attention shall be paid to the education, personality and physical development of, the continuation of the compulsory education and the possibility of the first employment of the juvenile.

It shall be ensured that the juvenile should participate in training courses or in semi-skilled worker’s trainings, and can study secondary school level materials. The juvenile shall continue their compulsory studies until the age defined in a separate law.

The juvenile can be awarded with a certificate of praise.

Solitary confinement can last up to twenty days in a juvenile prison and up top ten days in a remand prison. The juvenile punished with solitary confinement shall not be banned from school classes and reintegration programmes.

In the case of a sentenced juvenile, the law enforcement institution shall request a pedagogical opinion from the competent school or child protection institution in order to familiarise itself with the sentenced juvenile, in particular their conduct, industry, the fields that need to be developed and the data of their family background.

The law enforcement institution shall prepare a personal educational plan for the juvenile in order to facilitate the reintegration of the sentenced juvenile into society, reduce their integration-related problems, set their psychological condition in order, improve their education and training, have them accept the basic ethical norms and prepare the juvenile for a healthy lifestyle.

Upon request from their legal representative, and with the approval of the law enforcement institution, the juvenile detainee can participate in family consultation in every three months, which is an informal form of contact at the law enforcement institution. The parent cannot participate at the family consultation if the parent’s right of custody is terminated or limited by the decision of the court.

Upon request from their legal representative and with the approval of the law enforcement institution, the juvenile – according to the possibilities of the law enforcement institution – can participate in family therapy, except in case of the parent’s right to custody is terminated or limited by the decision of the court. The number of the appointments of family therapy shall depend on the therapeutic requirements. The family consultation and the appointments of the family therapy shall not constitute parts of receiving visitors. It is allowed among detainees, and the sentenced juvenile can request it as well. The participation of the juvenile detainee at the family therapy is approved to be organised outside the law enforcement institution as well.

Upon request from the juvenile detainee, – according to the possibilities of the law enforcement institution – they can be put in common cell with their juvenile sibling, provided that they are from the same sex. In case of common placement, the criminal record and the committed offence of these detainees shall be taken into account as well as the possible effects of the common placement on the order and security of the custody, and the level of emotional and mental development of the detainees.

The juvenile detainee can keep contact with the teacher of their educational institution for the sake of their compulsory studies and exam requirements, as well as for their personal development.

In case of their studies has been started, to perform the exam obligations, the law enforcement institution can take care of making appearance of the detainee.

Upon request from the detainee, if the director of the school and the commander of the law enforcement institution both give their approval. With the approval of the commander of the law enforcement institution, the detainee can hold a student status or private student status as a student at an educational institution outside the law enforcement institution; in this case they pursue their obligation of attendance and exam at the educational institution.

During the approval, the offence, the security risks, the earlier conduct of the detainee, their educational background and diligence shall be taken into account. According to the possibilities of the law enforcement institution, the furnishing of the cells and living areas serving for the juvenile detainees shall be ranged by taking into account the conduct, the educational background and the diligence of the juveniles.

Educational achievement and conduct shall be regarded in view of personal skills of the detainee. Evaluation shall be made by the staff of the law enforcement institution, and the reintegration expert responsible for the education of the juvenile. In case of the law enforcement institution is not in a contracting relationship with primary school, the law enforcement institution ensures the primary education in the framework of private student status, by an agreement on cooperation with a school situated within the competence of the Institute.

Conditions of reintegration custody for juvenile detainees:

Participation at family therapy or family consultation,
The approval of the legal representative, a receiving statement in view of the housing, as well as a statement on the escort of the detainee.

The sentenced juvenile with limited capacity can file a complaint, or make a statement independently in matters of their detention without the agreement or post approval of their legal representative.

The juvenile shall contribute to the expenses in case of they is employed or has a scholarship.

Juveniles under eighteen are prohibited to carry tobacco products; smoking is strictly forbidden for juveniles even with the approval of the legal representative.

Rehability-conducted activities for juvenile prisoners in Turkey

Education and rehabilitation activities are carried out meticulously in all institutions to prevent juvenile prisoners from committing crimes again and to rehabilitate them. Accordingly, psychosocial assistance and education services in our penal institutions provide education and rehabilitation activities for juvenile prisoners and their families.

Psychosocial assistance services

Juveniles can consult with psychologists and social workers in the institution in order to provide solutions to their psychological and social problems. Experts in institution also carry out efforts to support juveniles to become healthier and more harmonious individuals through individual or group work. Increasing the juvenile’s awareness for the conditions they are in and developing alternative solutions for their conditions are supported by psychosocial assistance service experts by taking into account the individual characteristics of the juvenile through individual interviews or group work. In the meantime, necessary interventions are made to the juvenile by activating his family or other social support systems. Post-release protection and assistance efforts help juveniles to continue their education and to get a job. Thus, it contributes to their participation in society as harmonious individuals.

Education activities

Juveniles who have never been received education or who have left their education are evaluated by the education service so that they can continue their education, and all kinds of procedures for the juvenile’s education are carried out by the teachers in this service.

In this context, the following activities are conducted in our institutions:

First degree literacy and second degree education courses,
Preparation and support courses for formal and non-formal education,
Open elementary school and open high school exams,
University entrance exams,
Vocational training courses,
Social, cultural and sports activities,
Bookcase and library activities.

Juveniles in reformatory houses; according to their age and educational status, they can continue elementary, secondary and higher education institutions, social activities in their schools, sports activities, foreign language, computer, university preparation, vocational training, etc., where they can improve themselves in relation to their education. They can take exams related to distance education and university outside the institution, participate in social events such as theatre, concerts and sports events under the supervision of institution teachers and experts.

Juveniles in reformatory houses can continue their formal education. Juveniles over the age of fifteen who cannot continue their formal education are directed to a suitable vocational training. As a result of these trainings, by enabling them to have a profession, assistance is provided to them not to be turned to the crime again after their release.

Staff training programs

There is the ARDIÇ Program, which was developed in order to strengthen the psycho-social and management skills of the staff working for the reintegration of juveniles in penal institutions, based on the best interests of the juvenile, and it is prepared with a child-oriented and holistic perspective. It consists of ARDIÇ Manager and Staff Training Program together with the ARDIÇ Psychosocial and Intervention Program.

ARDIÇ Program is an in-service training program. It consists of two programs.

ARDIÇ Staff Training Program (Specialization Training)

Within the scope of efforts to strengthen the capacities of institution governors, prison officers and other staff working in the institution. It is a training given in staff training centers. This program consists of five modules. The modules in question are; Sociology of Juvenile Delinquency, Relevant Legislation and Institutional Life, Juvenile Psychology and Approaches, Emotional and Behavioural Problems of Juveniles and Problems Affecting Mental Health (case-based), In-house Interaction and Personal Development Skills, Working with Vulnerable Groups and Juveniles with Special Needs.

ARDIÇ Psychosocial and Intervention Program

It has been developed for the juvenile in the institution, the staff and the families of the juveniles, and is given by the psychosocial service through individual and group work.

The revised ARDIÇ Psychosocial and Intervention Program modules are:

Personality Development Module,
Family Education Module,
Anger Control Module,
Addiction Intervention Module,
Safe Behaviour Development (“I’m Here!”),
Module for Sexual Assault Crime,
Reproductive and Sexual Health Module and Seminars (Prevention of Addiction, Harms of Smoking, Lifestyle, Internet/Media, Abuse Protection, Anger/Stress, Communication).

Individualized Rehabilitation System (BİSİS)

In all practices carried out in penal institutions, the penitentiary regime appropriate to juvenile’s situation, rehabilitation and training plan are implemented by determining the personal characteristics, physical, mental and health conditions of the juveniles, their lives before committing a crime, their social environment and relations, their artistic and professional activities, their moral tendencies, their perspectives on crime, their prison sentence periods and types of crimes.

In this context, an Individualized Rehabilitation System (hereinafter: BİSİS) has been developed, which includes risk assessment, comprehensive assessment-evaluation and supervision considering the holistic and qualified conduct of all efforts for convicts/detainees. With the Examination and Evaluation Forms for Convicts/Detainees (ARDEF) which is a risk assessment tool, the system in question enables the assessment of individual risks and needs, the development of appropriate approaches that highlight the biological-psychological and social characteristics of each juvenile, and the implementation of an individualized rehabilitation program. With this system, the preparation process for the post-release of juveniles begins with their admission to the institution, and all their lives in the institution are planned accordingly.

One of the most remarkable aspects of the implementations within BİSİS is the concept of “Group Leadership”. The group leader refers to the prison officer who is responsible for the juveniles in a room, is responsible for guiding them, has high communication skills and problem-solving skills, and has received pedagogically-based group leadership training. Each group leader works in the common living spaces of the juveniles and is responsible for 10-15 juveniles. Thus, there is an opportunity to get to know the juvenile better, their needs and developments are monitored, their lives in the institution are planned, and the role of being an exemplary role model in preparing them for society is fulfilled.

Cooperation with Non-Governmental Organizations, Universities and Public Institutions and Organizations in Turkey

Within the scope of education and rehabilitation activities, cooperation is made with both public institutions and organizations and non-governmental organizations within all studies conducted in order to establish and develop relations with the outside world for juveniles staying in juvenile’s reformatory houses, closed penal institutions and juvenile’s units of adult penal institutions.

In this context, the protocol has been signed between the KIZILAY and our Ministry in order to provide travel allowance to those whose release date is approaching among the juveniles who are staying in closed penal institutions, juvenile reformatory houses and penal institutions where there are no separate juvenile institutions, and to provide roadside assistance to family members who cannot come to visit their children from outside the province due to financial insufficiency.

Play, sports and youth camp activities continue within the scope of education and rehabilitation activities in our penal institutions for the rehabilitation of juveniles and preventing them from committing crimes again. Within the scope of the protocol we signed with the Ministry of Youth and Sports, efforts are carried out in line with the provisions of the Ministry of Youth and Sports, the provisions in question as follows: “Juveniles staying in juvenile reformatory houses are provided to benefit from youth camps” and “By means of scanning, experts determine which sports branch is suitable for juvenile prisoners in penal institutions and reformatory houses and for probationer juveniles under the probation services”.

Within the scope of the e-visit Project on Integration of Smart Technologies into Penal Institutions carried out by our General Directorate, with KIOSK devices, it is planned to meet the needs of prisoners in all penal institutions across Turkey such as shopping in the canteen, sending letters, and video-conference with their families.

In this context, KIOSK devices were first installed and activated in female, juvenile penal institutions and juvenile reformatory houses in order to complete the psychosocial development of juveniles pushed to crime to support their social integration processes, to strengthen family relations.

Conclusion

Prevention of juvenile delinquency is a core element of crime prevention in both countries. The international regulations have been made recognizing that juveniles pushed to crime need special care and assistance in terms of physical, mental and social development by the reason of they are in the early stages of development and that they need legal protection in conditions of peace, freedom, value and security.

There are special regulations from the moment the juvenile pushed to crime are included in the system. Taking steps to support the reintegration of juveniles into the society after the execution of their sentences and helping to eliminate the factors that may cause them to turn to crime again constitute the basis of our penitentiary policy.

Collaboration studies on education and rehabilitation to prevent juveniles from re-offending and to rehabilitate them are carried out with the non-governmental organizations, universities, public institutions and organizations. In the penal institution, studies are carried out involving families in order to reorganize the relations of juveniles with their families and to strengthen the relations between them and the support is provided for juveniles to integrate them into society and to prepare them for the post-release period.

Bory, Noémi LL.M, PhD, Associate Professor, Pázmány Péter Catholic University, Criminal Law and Law Enforcement Budapest, Hungary; Hüseyin Şık, Judge, Head of the Rehabilitation and Reintegration Department, General Directorate of Prisons and Detention Houses Ministry of Justice, Ankara, Turkey