Türkisches Generalkonsulat in Zürich

Mitteilung des Generalkonsulats

Anayasa Mahkemesi Başkanlığının Yayınladığı Basın Duyurusu , 16.08.2016

The need to issue this press release has arisen since it was observed that some foreign media organs made intentional news by distorting the decision of the Constitutional Court dated 26 May 2016 numbered E.2015/108 and K.2016/46 and wanted to defame our country through those.

Despite the allegations, sexual abuse actions committed against young children aged under fifteen (15) years were not decriminalized with the above-cited decision. While determining the lower limit of the penalty in paragraph 1 of Article 103 of the Turkish Penal Code, the fact that staging which might be needed in accordance with the peculiarities of the concrete case is not allowed has been found contrary to the “principle of proportionality” and the rule was annulled on technical legal grounds. Accordingly, the decision for annulment of the Constitutional Court did not even imply categorically decriminalization of sexual abuse actions committed against young children aged under fifteen (15) years.

Thus, it was decided that the provision for annulment be put into effect after 6 (six) months from the date when it is published in the Official Gazette so that legal gap will not be brought about in consequence of the annulment, sexual abuse actions against children will not be decriminalized and will not remain unpunished, and the legislative body will be provided the opportunity to make a new regulation within the scope set out in the grounds. This period began to be valid as from the date 13 July 2016.

Hence, contrary to all the speculations, the aforementioned penal provision is still in force and sexual abuse actions committed against young children under fifteen (15) years continue to be criminal acts. The legislative body has been provided the opportunity to make a new regulation addressing some technical problems stated in the annulment decision within the prescribed period.

Respectfully announced to the public.

Presidency of the Constitutional Court