of ratification, on the same day - Or. Fr.
In conformity with Article 44, paragraph 4, Turkey declares that it reserves the right to enforce a sanction involving deprivation of liberty of the same nature as that imposed in the requesting State even if the duration of that sanction exceeds the maximum provided for by Turkish law for a sanction of the same nature.
Period covered: 28/1/1979 -
The preceding statement concerns Article(s): 44
Information contained in a letter from the Permanent Representative of Turkey, dated 27 October 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on the same day - Or. Fr.
Information on the sanctions applicable in Turkey and their enforcement (supplied in accordance with Article 63 of the Convention).
Article 11 of the Turkish Criminal Code (Act No. 765 of 1 March 1926) lists the sanctions applicable with respect to serious and minor offences:
- for serious offences, the death penalty, confinement, imprisonment, heavy fines, disqualifications from holding public office,
- for minor offences, detention, light fines, temporary disqualification from carrying on a profession or trade.
From the point of view of their enforcement, according to Article 1 of Act No. 647 of 13 July 1965 on the enforcement of penalties, penal sanctions fall into three categories:
1. the death penalty;
2. penalties involving long-term or short-term deprivation of liberty;
3. fines.
The death penalty is not carried out in public; it is subject to confirmation by the Court of Cassation, followed by a decision of the Great National Assembly of Turkey.
Penalties involving long-term deprivation of liberty are either for life or temporary.
Temporary penalties involving long-term deprivation of liberty are those the duration of which exceeds six months.
Penalties involving deprivation of liberty for six months or less are short-term (Article 3).
The court may, having regard to the particular circumstances of an offender and to the circumstances and way in which the offence was committed, replace a penalty involving short-term deprivation of liberty with a fine or other measure (such as the obligation to attend a re-education establishment or a detention centre for a fixed period of time) (Article 4).
Where a penalty involving short-term deprivation of liberty is imposed on persons aged under eighteen at the time of the offence, its place is taken by a fine or other measure.
Any person sentenced to a fine, to confinement for up to six months or to imprisonment for up to one year may have his sentence suspended under Section 6 of the Act on the enforcement of penalties and Article 89 of the Criminal Code. Suspended sentences are available on even more favourable terms under Turkish law for convicted persons who at the time of commission of the offence were under the age of fifteen or eighteen, as the case may be, or seventy years old or more.
Conditional release is automatically available to persons on whom penalties involving deprivation of liberty have been imposed and who have served two-thirds of their sentence with good behaviour, as well as to persons sentenced to confinement for life who have served twenty-four years of their sentence with good behaviour.
Period covered: 28/1/1979 -
The preceding statement concerns Article(s): 63
Reservation contained in a letter from the Permanent Representative of Turkey, dated 27 October 1978, handed to the Secretary General at the time of deposit of the instrument of ratification, on the same day - Or. Fr.
The Government of Turkey, while ratifying the European Convention on the International Validity of Criminal Judgments, declares that it does not consider itself bound to carry out the provisions of the
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