Less than 2,000 convicts availed themselves of the option of probation, which went into effect in 2005 as part of Turkey's harmonization process with the European Union. While offenders in Europe and the US are eager to take advantage of the probation law rather than being jailed, convicts prefer the opposite in Turkey, where probation is voluntary and the offender has the right to chose incarceration or probation.
Although some convicts preferred to do community service such as sweeping the streets and planting trees, the number who chose community service was far below expectations. The Justice Ministry now plans to revoke the voluntary aspect of the law. With the new law, probation will only be up to judges, and convicts will have to obey it.
 The Justice Ministry is planning to amend a law to encourage convicts to choose performing community service such as sweeping streets or planting trees over being jailed in an attempt to decrease the number of prisoners in Turkey's overcrowded jails. |
Convicts who formerly received up to two years in prison were able to spend one year at home. Now, those sentenced to up to five years in prison will serve two-and-a-half years of their term in jail and will be able to spend the rest of their sentence at home under supervision. However, those convicted of terrorism activities will not be able to benefit from the law.
Since the amendment to the Code on Criminal Procedure (CMK) was implemented in 2005, the number of prisoners serving prison terms has increased. Before the amendment, convicts who served one-third of their prison term were eligible for release. In addition to this, the increase in crimes committed against properties in recent years has also caused Turkish prisons to become overcrowded.
Another amendment to the Probation Law is related to diversifying the programs convicts are enrolled in. The ministry has decided to enroll prisoners in programs related to the behavior that led him or her to commit the crime. In accordance with the amendment, an offender who committed a crime due to the inability to control his or her anger will be ordered to enroll in an anger management program, while one who committed a sexual assault will be enrolled in a “sexual crime program.”
Conscientious objectors to benefit from law
The amendments to the law also cover regulations related to conscientious objectors in Turkey, who are seeking to ensure the abolishment of compulsory military service and its replacement with public service. The right to conscientious objection is not legally recognized by authorities in Turkey. Conscientious objectors can currently be punished with up to one year's imprisonment in accordance with the Military Penal Code (ACK). They are not able to benefit from the Probation Law as currently written but will be able to do so with the changes.
