The justice system in our country is not on track. When the judicial system is based on punishing the criminal rather than eliminating the crime, some laws and regulations enacted cause crime. While the adopted method of punishment after the crime has been committed makes judicial decisions questionable, it also reduces trust in the judiciary. However, with preventive laws to be enacted, many crimes can be prevented before they are committed.
The judicial system in Turkey is generally based on post-criminal punishment. Some laws and regulations enacted as a result of the understanding of justice that adopts the punishment system, far from eliminating the crime, cause crime. However, the laws and regulations to be enacted may be capable of preventing many crimes before they are committed. Measures and laws to be taken in order to eliminate the events that will harm the society before they become crimes may make both the judicial system and judicial decisions undebatable. This can only be achieved through a preventive justice system and an education system that based on rights, justice and morality.
YAMAN: “LGBTI WAS FORBIDDEN! UNFORTUNATELY, THE PRINCIPLE OF ‘UNLAWFUL ASSOCIATIONS CANNOT BE ESTABLISHED’ HAS BEEN REMOVED”
Lawyer Mustafa Yaman, Head of Legal Studies Association (HUDER) Istanbul Branch, evaluated the justice and penal system in Turkey for the Milli Gazete.
LGBTI was banned in our country in the past. The principle of 'unlawful associations cannot be established', unfortunately, such a principle no longer exists. Turkish society does not accept LGBTI, but their children are poisoned by this perversion. There are many crimes committed at this point, but according to our laws, LGBTI is not a crime. The state should set a crime prevention policy. Otherwise, crime rates will continue to increase while there are reasons for so many crimes. Universities need to produce crime statistics in the society and the state needs to make new regulations according to these results.
The current justice system in Turkey is not on track. Some laws and regulations enacted as a result of the understanding of justice that adopts the punishment system, far from eliminating the crime, why is this happening. Laws, regulations and decisions enacted after the crime committed both make the judiciary controversial and reduce the trust in the judiciary. However, with preventive laws to be enacted, many crimes can be prevented before they are committed.
“THOSE WHO DESERVE DON'T RECEIVE THE PUNISHMENTS THEY DESERVE”
Stating that the judicial system in Turkey needs to be completely reviewed, Attorney Mustafa Yaman said, “Deserving people do not get the punishments they deserve, but many people who do not deserve are sentenced to heavy penalties. The reason for this is that there is no environment where people can seek their rights. 'Freedom to seek rights' is a constitutional right in Turkey, but the costs of the simplest lawsuits are very high today. Therefore, it is not possible for a minimum wage earner to meet these costs. In addition to all these, there are inaccuracies in penalties. The penal system needs to be overhauled. Legislation that will lead to crime is enacted. In the civil law, the article ‘the head of the house is a man’ was removed and it was said that women and men are equal in the management of the house. This led to double-headedness.”
“CRIMES THAT WILL DAMAGE SOCIETY MUST BE PREVENTED”
Emphasizing that one of the important issues in the legal system is the prevention of crime, Mustafa Yaman stated that the new regulations to be made should be directed towards this, “One of the legislation that causes crime, the Law on the Protection of the Family, increases the incompatibility within the family. Even if the woman does not show any evidence, she issues a restraining order for her husband. Here, instead of solving the problem between husband and wife, the law makes violence an alternative. This shows that the state does not use the opportunity to prevent crime. Currently, the method of punishing after the crime has been adopted. However, anti-crime laws should be enacted. Crimes that harm society must be prevented. For this, first of all, it is required that people should respect each other's rights. So, we should make compulsory courses that teach what human rights are, starting from primary school,” he added.
“GOVERNMENT CAN PREVENT CRIMES”
Mustafa Yaman stated that the state ignores the reasons that will cause crime and said, “The increase in obscene publications and easier Access to them, cause sexual crimes to become widespread. If the state can prevent obscene publications, we will see that sexual crimes are largely preventable. Another issue is the bad course of the economy. A person who cannot make a living may turn to theft, corruption and even extortion. In recent years, we can see that the crimes of theft, extortion and corruption have increased more. The state can prevent all these crimes.”
“THE STATE NEEDS TO SET A CRIME PREVENTION PRINCIPLE”
Yaman by saying “LGBTI was banned in our country in the past. The principle of 'unlawful associations cannot be established' unfortunately no longer exists. Turkish society does not accept LGBTI, but their children are poisoned by this perversion. There are many crimes committed at this point, but according to our laws, LGBTI is not a crime. In cases brought against LGBTI, decisions such as arrest cannot be made. Liberated by laws. However, the decisions made about LGBTI for show only polarize the society. It should not be overlooked that the society is anti-LGBTI here. The state should set a crime prevention policy. Otherwise, crime rates will continue to increase while there are reasons for so many crimes. Universities need to produce crime statistics in the society and the state needs to make new regulations according to these results," drew attention to the importance of the preventive legal system.