Court gives no quarter to molestors
Güncelleme Tarihi:
Hürriyet Daily News
Oluşturulma Tarihi: Şubat 27, 2009 00:00
ANKARA - The Constitutional Court has turned down three requests by various local courts that could have alleviated prison sentences for child abusers and people convicted of sexual harassment, a decision that will impact the trial against the daily Vakit columnist Hüseyin Üzmez.
In one case, the top court refused the Adana Third High Criminal Court’s request to cancel a Turkish Penal Code clause that stipulates six months to two years of prison for people who have sexual intercourse with a child over the age of 15 without force or threat. In a different case, coming from the Çanakkale High Criminal Court, the top court ruled that another clause, stipulating that the prison sentence in instances of sexual abuse that results in corporal or psychological damage to a child not be less than 15 years, conforms with the Constitution.
The top court also ruled against the Manisa High Criminal Court’s abrogation request against a clause that compels a prison sentence of at least 10 years if a sexual-assault victim’s corporal or psychological health is damaged.
Üzmez still free
The clauses topped Turkey’s legal agenda because of their link to the trial of Hüseyin Üzmez, a daily Vakit columnist who is accused of sexually abusing a 14-year-old girl. Üzmez was arrested in April 2008, but an official report by a forensic institution in Istanbul said the girl, B.Ç, had not been traumatized by the event, leading to Üzmez’s release Oct. 28. The Social Services and Child Protection Agency, or SHÇEK, and the Bursa Bar Association objected to the court’s decision to release Üzmez and demanded he be put back in prison. After his release, Üzmez publicly defended Islamic laws that allow girls to wed before the legal age of 16.
SHÇEK was criticized earlier for being late to intervene in the forensic institution’s report, although it had followed developments related to the Üzmez case. The agency made its application to the court on Oct. 31.
The Fourth High Criminal Court in Bursa, which is hearing Üzmez’s trial, asked for a new forensic report. If this new forensic opinion states that B.Ç., has suffered psychological damage, Üzmez might be sentenced to at least 15 years. For now, Üzmez remains at liberty. The last trial session two weeks ago was postponed until completion of the report on B.Ç.'s psychological health.
The top court also ruled against the Manisa High Criminal Court’s abrogation request against a clause that compels a prison sentence of at least 10 years if a sexual-assault victim’s corporal or psychological health is damaged.
Üzmez still free
The clauses topped Turkey’s legal agenda because of their link to the trial of Hüseyin Üzmez, a daily Vakit columnist who is accused of sexually abusing a 14-year-old girl. Üzmez was arrested in April 2008, but an official report by a forensic institution in Istanbul said the girl, B.Ç, had not been traumatized by the event, leading to Üzmez’s release Oct. 28. The Social Services and Child Protection Agency, or SHÇEK, and the Bursa Bar Association objected to the court’s decision to release Üzmez and demanded he be put back in prison. After his release, Üzmez publicly defended Islamic laws that allow girls to wed before the legal age of 16.
SHÇEK was criticized earlier for being late to intervene in the forensic institution’s report, although it had followed developments related to the Üzmez case. The agency made its application to the court on Oct. 31.
The Fourth High Criminal Court in Bursa, which is hearing Üzmez’s trial, asked for a new forensic report. If this new forensic opinion states that B.Ç., has suffered psychological damage, Üzmez might be sentenced to at least 15 years. For now, Üzmez remains at liberty. The last trial session two weeks ago was postponed until completion of the report on B.Ç.'s psychological health.