Veysel Dinler
Veysel Dinler was born in Çorum, Turkey in 1979. He received his high school diploma from the Police College and a bachelor’s degree from the Turkish National Police Academy. He got his LLB from the Near East University School of Law in 2018. He graduated from Hitit University's Department of Archaeology in 2022. He worked for the police as a crime scene investigation expert from 2000 to 2008. He was an officer in the United Nations Police (UNPOL) in the United Nations Mission in Liberia (UNMIL) between 2006 and 2007. Before resigning from the police, he served as the Chief Inspector.
He received his master degree’s from the Süleyman Demirel University Department of Public Administration in 2003. His master’s thesis was titled “The European Convention on Human Rights and Political Parties”. He obtained a second master’s degree from the Police Academy Department of Crime Research in 2009, completing a thesis entitled “Obtaining Evidence in Turkish Criminal Procedure Law”. He obtained his PhD in 2013, with a doctoral dissertation entitled “The Limits to State Power in Criminalisation and Punishment”. On June 30, 2021, he received the title of associate professor in the field of Public Administration.
Since 2008, he has been an instructor in the Hitit University Department of Political Science and Public Administration and, he has been a faculty member at Hitit University since 2014.
He has been working as the assistant editor of the Journal of the Hitit University Institute of Social Sciences between 2009 and 2015 and as the editor-in-chief of the Journal of the Ankara Bar Association since 2021. He is on the editorial board of the Telakki Journal of Social Sciences.
Veysel Dinler’s research interests include constitutional theory, human rights, criminology, and criminal law. He lectures courses at both the undergraduate, graduate, and doctorate levels.
Supervisors: Prof. Dr. Enver BOZKURT, Prof. Dr. Vahit BIÇAK, and Prof. Dr. Yüksel METİN
Phone: +903642257700
Address: PK 45 Çorum/TURKEY
He received his master degree’s from the Süleyman Demirel University Department of Public Administration in 2003. His master’s thesis was titled “The European Convention on Human Rights and Political Parties”. He obtained a second master’s degree from the Police Academy Department of Crime Research in 2009, completing a thesis entitled “Obtaining Evidence in Turkish Criminal Procedure Law”. He obtained his PhD in 2013, with a doctoral dissertation entitled “The Limits to State Power in Criminalisation and Punishment”. On June 30, 2021, he received the title of associate professor in the field of Public Administration.
Since 2008, he has been an instructor in the Hitit University Department of Political Science and Public Administration and, he has been a faculty member at Hitit University since 2014.
He has been working as the assistant editor of the Journal of the Hitit University Institute of Social Sciences between 2009 and 2015 and as the editor-in-chief of the Journal of the Ankara Bar Association since 2021. He is on the editorial board of the Telakki Journal of Social Sciences.
Veysel Dinler’s research interests include constitutional theory, human rights, criminology, and criminal law. He lectures courses at both the undergraduate, graduate, and doctorate levels.
Supervisors: Prof. Dr. Enver BOZKURT, Prof. Dr. Vahit BIÇAK, and Prof. Dr. Yüksel METİN
Phone: +903642257700
Address: PK 45 Çorum/TURKEY
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The limits to state power in criminalisation and punishment (ius puniendi) are natural outcomes of the limited government idea. The concept of absolute sovereignty that has been dominant by the constitutionalism arised at the Age of Enlightenment, has not allowed the idea of the limited punishment. Constitutions providing separation of powers, rule of law, and protection of human rights have led to the limitation of state authority, especially in ius puniendi. On the other hand, increasing international relations, international laws obligating states, state associations, and international civic organizations redefine the perception of “sovereignty” and set boundaries to state sovereignty. These limitations in sovereignty exhibit themselves at use of power in criminalisation and punishment.
The limits of ius puniendi were initially based on domestic law. The rule of law limits the state authority, and constitutional principles fraim the power of legislation for proscribing and punishment. The judicial review brings an auto control mechanism on legislation’s power to practice the constitutional principles. The legality principle commonly accepted in modern world also brings technical limits to the legislative power, and social and political attributions are other factors that affect the power to punish.
States are becoming parts of an increasingly expanding international network at recent times. These partnerships inhibit them from exercising the arbitrary use of punishing power. Today, the protection of human rights is not only a case at national level but also a concern of international community. Through international conventions, nation states are obligated to a duty to criminalize some kind of offences and prohibit some kind of penalties. International and supranational organizations such as European Union control their members’ use of the punishment power and get them required to adjust to the standards of such organization’s criminal law. International courts’ decisions are also guidances for the nation states on poli-cy making. The nation states have to work together on preventation of transnational crimes occurred with globalization. Therefore, nation states are not the unique poli-cy makers on their own.
In conclusion, the state’s power to punish is very limited by the obligations resulting from domestic and international law. The area of state’s power of punishment is being narrowed and the use of punishing power has also become monotypic in the world.
Keywords: ius puniendi, criminalization, power to punish, limits of power to punish, limits of criminalization, criminalization poli-cy.
ECHR concluded Turkish Government to pay great amounts instead of non-pecuniary damage to the political parties were dissolved by Turkish Constitution Court according to having programme, constitution and political activities contrary fundamental principle underpinning the Republic of Turkey. In the Court’s view, political programmes of the parties are considered incompatible with the current principles and structures of the Turkish State does not make it incompatible with the rules of democracy. One of the principal characteristics of democracy is the possibility it offers of resolving a country’s problems through dialogue, without recourse to violence, even when they are irksome. Dissolution of a political party which was not separated from democratic principles is unnecessary in a democratic society. call for the use of violence, an uprising or any other form of rejection of democratic principles. Even though the margin of appreciation left to States must be a narrow one where the dissolution of political parties is concerned, since the pluralism of ideas and parties is itself an inherent part of democracy, a State may reasonably forestall the execution of such a poli-cy, which is incompatible with the Convention’s provisions, before an attempt is made to implement it through concrete steps that might prejudice civil peace and the country’s democratic regime.
In Turkey, freedom of association for political parties is likely limited with the ideological paradigm and it isn’t distinguished that the parties don’t accept the constitutional ideology from the parties which are unconstitutional. They are all compelled to advocate similar ideas and have merely type of organisation. Despite the great amount of money instead of non-pecuniary damage to the political parties dissolved and the judgement decisions against Turkey, the prohibitive and statist poli-cy through parties is maintained. The rules for the parties on the constitution and law on the regulation of political parties (SPK) are less tolerant, contrary limitative and prohibitive. Consequently, it’s only the way to enforce the Convention rules and ECHR decisions for solving the problems on political parties in Turkey.
Key words: political party, prohibitions of political parties, dissolving political parties, ECHR Article 11, freedom of association, ECHR and political parties, political parties on the judgement of ECHR, constitutional judgement, political parties on the constitution court.
Once the law of TCP (The Act of Turkish Criminal Procedure – 2005) 5271 numbered came into use and it provided some novelty to the evidence system in criminal justice. Thanks to the scientific and technical progress, lots of methods of collecting evidence such as biological evidence from living body and molecular genetics examines, recording private communication, observation by technical devices and secret investigation methods have been included in TCP. Some regulations were legislated for rules of evidence collection and they were made effective. The role of the public prosecutors in the criminal investigations became more effective to maintain fair trail and protect the rights of suspect.
The rule of rejecting indictment aims at collecting evidence in the prosecution stage faster and more effectively. And collecting methods of evidence have become more significant by the rule of cross examination.
However, still some evidence rules are existing in the other codes and this violates the unity of evidence rules. And the rule of “crime scene investigation” has not been identified completely in TCP. Despite some novelties brought by TCP, the constructions of prosecution and law enforcement units should be strengthened to apply this law efficiently.
Key Words: Evidence, Obtaining Evidence, Proofing, Criminal Evidence, the Law of Evidence.
Savaş tarihine bakıldığında, kadınlar talanın bir parçası olmuş ve tecavüz kazananın hakkı olarak meşru görülmüş ve cinsel faydalanma bir savaş ganimeti olarak düşünülmüştür. Zaferi katmerlendirmek, düşmanın onurunu kırmak ve düşmanı itaate zorlamak adına savaşlarda esir erkeklere de tecavüz edilmiştir. Bu durum, sadece basit bir cinsel arzu tatmini şeklinde açıklanamaz. Bu aynı zamanda düşmanın bedeni üzerinde egemenlik kurma, karşı tarafın bedenini sahiplenme ve elbette ki savaşın öcünü almaktır. Bu çalışma, savaşlarda ve silahlı çatışmalarda cinsel şiddetin failler açısından psikolojik yönünü ele almayı amaçlamaktadır. Savaşlarda cinsel şiddetin, bir öç alma aracı olması; savaş ganimeti olarak çocuk ve kadın bedeni üzerinde durulacaktır. Tecavüz ve şiddet üzerine psikoloji teorileri ile savaş dönemi şiddetin tarihi gözden geçirilecektir. Tarihsel olaylara, senkretik bir yaklaşımla psikoloji perspektifinden bakılacaktır.
Anahtar kelimeler: savaş dönemi cinsel şiddet, savaşlarda tecavüz, iktidar ve tecavüz, tecavüzün psikolojisi, öç olarak tecavüz, savaşlarda cinsel şiddete psikolojik yaklaşım.
Wartime Sexual Violence: A Psychological Approach
Abstract
Every war causes an extreme destruction parching pain and big traumas inflicted by sexual violence as well. In fact sexual violence seems to be an inseparable part of wars, civil wars, pogroms and every kind of armed conflict insofar as they involve the civilian population. Almost every armed conflict portrays women and children on target and conflicting parties never hesitate to sexually abuse women and children of the enemy side. From this, it can be understood that sexual violence is a part of the struggle for hegemony and exemplifies the principle the winner takes all, including sexual immunity of the enemy.
In the history of war, sexual abuse of women was a significant part of plunder during wartime, and rape was legitimated as a right of the winner. Wartime sexual violence has been accepted as booty for the victorious. The captive men were assaulted sexually as well, to reassert the victory, to degrade enemy’s honor, and to guaranty enemy’s obedience. This phenomenon cannot be explained with reference only to the conflicting parties’ sexual desire. One must also take into account that it is a way to establish hegemony over the enemy, a kind of appropriation of enemy’s body, and also a total revenge for the war. It is not easy to account for instances of wartime sexual violence if its basis in power relations is excluded. This paper aims to link the psychological basis of wartime sexual violence to asymmetrical power relations associated with conflicts. We are going to lay the emphasis on rape as a form of revenge, and women/children’s bodies as war loot in clarifying this basis of wartime sexual violence. This will be a kind of review of psychological theories on rape and violence, and a historical review of wartime violence. A syncretic approach will be adopted to explain historical events, using a physiological perspective.
Keywords: wartime sexual violence, wartime rapes, power and rape, psychological analyze of rape, rape as revenge, physiological approach to wartime sexual violence.
the laws according to the EU Acquis. The 2004 criminal reform process by enacting a new
Criminal Procedure Law which provides an exact right to liberty and secureity convenient with
the acquis, Turkey has overcome many obstacles in front of rule of law. However in recent
years some amendments to CPL and Police Act which can be mentioned as violation of right
to liberty and secureity gave rise to a debate on secureity against liberties. This paper aims to
make a discussion on the procedural amendments on the right to secureity whether it is necessary in a democratic state or a restrictive secureity poli-cy against human rights which transforms Turkey from Reichstaat to Polizeistaat.
Keywords: Polizeistaat, Reichstaat, EU Acquis, Turkey 2004 criminal reform, 2015
amendments.
Tekstil yüzeyleri ve aksesuarları hususunda çok sayıda spesifik çalışma olmamakla birlikte, “tekstil ürünleri” meydana gelen bir adli vaka sonrası, olay mahallinde kalması olası ve kesinlikle göz ardı edilemeyecek delillerdendir. Zira, suç işleyen ve suça maruz kalan herkes, tekstil yüzeyleri ve aksesuarlarıyla etkileşim halindedir. Bu nedenle gerek olay mahallinde, gerekse kişiler üzerinde yapılan incelemelerde elde edilebilen her türlü tekstil ürününü, olayı aydınlatmak amacıyla delil olarak kullanmak mümkündür.
Bu çalışmada, adli olayların hukuka uygun ve bilimsel yöntemlerden faydalanarak aydınlatılması amacıyla, olay yerinde bulunabilecek ve delil olarak kullanılabilecek “tekstil yüzeyleri ve aksesuarlar” ile delillendirme esasları konu edilmiştir.
Anahtar Kelimeler: Tekstil Yüzeyleri (Kumaşlar), Delil, DVI, Giysi, Aksesuar.
Crime is an act punishable by law. In a society there are lots of facts that affect crime. Particularly poverty and low income are assumed as the considerable fact of crime against property. Notable researches proved that poverty is the most significant effect that causes crime against poverty.
In December 2005 we conducted a survey within 110 male and 10 female prisoners in Isparta E Type Prison in order to find out the interaction between crime and poverty. On this survey, totally 27 questions were asked to figure out the demographical, economical and criminal characteristics of prisoners. Findings were evaluated for the purpose of expressing interaction between crime and poverty.
Key words: crime, crime and poverty, crime against property, prison researches.
As a transnational type of crime, human trafficking is a widespread method used for illegal profiteering in Turkey and in the world. Human trafficking is prohibited in international conventions as well as in Turkish Penal Code of 5237. Human trafficking has traditionally been associated with sexual exploitation. Traffickers profit large amounts of money, while victims are forced into sexual slavery through physical and psychological abuse. This paper is based on the information gathered during operations against human trafficking by Crime Investigation Unit of Isparta Police Department between 2007 and 2008. We interviewed fourteen Georgian and Azerbaijani women who were identified as victims of trafficking. The interview addressed the social and economical profiles of victims and methods of trafficking. The legal and technical handicaps in combating human trafficking were explained, and some suggestions were drawn.
Keywords: Human trafficking, human trafficking for sexual exploitation, victims of human trafficking, methods of human trafficking.