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Government plans to pass legislation to compensate victims of crime
Turkey became a signatory to the European Convention on the Compensation of Victims of Violent Crimes in 1985, but to date it has not been presented for parliamentary approval. The government is planning to change that now, and the convention is due to be sent to Parliament soon along with a bill on aid to victims of crime. The Third National Program the government published in November 2008 said the government would send the European Convention on the Compensation of Victims of Violent Crimes to Parliament, but refrained from specifying the date when this was to take place. After interruptions during which the Turkish government focused on its new Kurdish initiative and failure to pass a new constitution, the administration has once again turned its attention to Turkey’s EU bid.
The Justice Ministry prepared the bill on aid to victims of crime nearly two years ago, and it is now also preparing to present the convention to Parliament. It is reportedly planned for the documents to be passed before the new year. The bill concerns the government’s role as a social-welfare state, providing for direct state aid to victims of crimes that constitute physical, mental or sexual assault, and in case of their death, the provision of aid for the dependents of the deceased.
The state will be responsible for those injured, disabled or otherwise forced to rely upon others to carry out normal life activities as a result of crime; it will foot the bill for their care, therapy and the costs of any prosthesis. The state will also compensate those unable to work as a result of a crime committed against them for their lost wages. If they die as a result of a crime, all of the costs of their therapy, the loss in income they suffered, funeral costs and the costs of those who had to take care of the person until they died will also be covered by the state.
No compensation for emotional damage
Turkey has dealt with a domestic terrorism problem for 30 years now, resulting in its citizens suffering frequent injury and other trauma. However, to date Turkey had refused to provide any compensation for the victims of terrorist attacks. The bill is careful to note that emotional damages can only be demanded from the perpetrator of the criminal actions and not the government. Should the victims of the aforementioned types of violence covered by the bill receive compensation from the Social Security Institution (SGK) or private insurance, they will not receive additional state aid.
According to this bill, an aid association responsible for administering the aid will be established with its headquarters in Ankara. The institution will have a branch in each province at which victims can apply for aid. In large cities, such as Ankara and İstanbul, where the workload will predictably be heavier, additional branches will be set up outside the city center.
Expats, foreign nationals also to benefit
The bill will also apply to foreign nationals who have lived legally in Turkey with a residence permit for at least three years; they will also be eligible for funds from the same institution that will administer aid to Turkish citizens. Children who are not Turkish citizens but are victims of human trafficking or illegal migration through Turkey, migrants who have been granted asylum-seeker status, minors who have applied for asylum-seeker status and children who have applied for Turkish citizenship will all also be eligible to benefit from such compensation.
An application for such aid must be made within one year of the date when the crime was committed. Injured persons will receive TL 2,250, permanently disabled persons TL 9,000, those who cannot perform essential life functions unassisted will receive TL 26,000. Dependents of a person who died as a result of crime will receive TL 15,000.
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