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Criminal Law

Crimes Against Humanity

UTU Hukuk ve Danışmanlık5 min readUpdate:

Crimes against humanity, are regulated in the special provisions of the Turkish Criminal Code under the heading of international crimes. In this article we address the statutory regulation of the offence, its elements and the sanctions provided for.

Contents
  1. The statutory regulation in Art. 77 of the Turkish Criminal Code
  2. Elements of the crime against humanity
  3. Sanctions, limitation period and applicable law
  4. Frequently asked questions
  5. Consultation request

The Legal Provision in Article 77 of the TCK

Article 77 of Turkish Criminal Code No. 5237 provides;

“(1) The systematic commission of the following acts, in accordance with a plan, against a section of society for political, philosophical, racial or religious motives constitutes a crime against humanity:

a) Intentional killing.

b) Intentional injury.

c) Torture, torment or enslavement.

d) Deprivation of liberty.

e) Subjection to scientific experiments.

f) Sexual assault or sexual abuse of children.

g) Forced pregnancy.

h) Enforced prostitution.

(2) Where the act in subparagraph (a) of the first paragraph is committed, the offender shall be sentenced to aggravated life imprisonment; where the acts defined in the other subparagraphs are committed, a sentence of imprisonment of not less than eight years shall be imposed. However, in respect of the offences of intentional killing and intentional injury committed within the scope of subparagraphs (a) and (b) of the first paragraph, the provisions on real concurrence of offences shall be applied according to the number of victims identified.

(3) Security measures shall also be imposed on legal persons in respect of these offences.

(4) No limitation period shall run in respect of these offences.“

Turkish Criminal Code No. 5237, Art. 77

as provided above.

Crimes against humanity featured before the Nuremberg International Military Tribunal, and the acts constituting this crime and their definitions are also set out in Article 7 of the Statute of the International Criminal Court.

Elements of the Crime Against Humanity

The elements of crimes against humanity, regulated under the heading of international crimes in the special provisions forming the Second Book of the Turkish Criminal Code, are as follows:

  • Political, philosophical, racial and religious motive
  • Being directed against a section of society
  • Systematic commission in pursuance of a plan
  • Commission of one of the offences in the first paragraph
  • The offender or offenders must commit the crime for political, philosophical, racial or religious motives. These motives include political, religious and racial discrimination.
  • The acts must be directed against a section of society. Society here refers to the groups described in the first paragraph of the article The acts need not be directed against the relevant groups in part or in whole. It is sufficient that they are directed against persons belonging to these groups. In offences committed against part or all of the groups, where the conduct goes beyond the individual and is directed against the community, the crime of genocide may arise if the other conditions of Article 76 of the Turkish Criminal Code are also present.
  • The acts must be committed systematically in pursuance of a plan. If the acts developed suddenly and there was no prior plan or programme, the elements of this offence are not established.
  • One of the offences listed in the first paragraph must be committed.

Sanctions, Limitation Periods and Applicable Law

Where the act of intentional killing has been committed in the crime against humanity, aggravated life imprisonment is imposed. In addition, pursuant to the last sentence of the second paragraph, the offender is punished separately for each act of killing. Likewise, in offences of intentional injury, a separate penalty must be imposed for each act of injury. Where acts other than intentional killing are committed, the penalty imposed may not be less than 8 years. Pursuant to Article 49 of the Turkish Criminal Code, the upper limit of imprisonment is 20 years.

Intentional killing

Aggravated life imprisonment; a separate penalty for each act of killing

Other acts

Imprisonment of not less than 8 years; for intentional injury, a separate penalty for each act

Where the conditions are met, the security measures for legal persons under Article 60 of the Turkish Criminal Code may be imposed.

Limitation period and commission abroad

The limitation periods for prosecution and for the execution of sentences do not run in respect of crimes against humanity. Pursuant to Article 13 TCK, Turkish law applies where crimes against humanity are committed abroad by a Turkish citizen or a foreign national.

Related legislation: Turkish Criminal Code No. 5237 (mevzuat.gov.tr)

Crimes Against Humanity: Frequently Asked Questions

Which acts do crimes against humanity cover?

Under Article 77 of the TCK, the acts of intentional killing, intentional injury, torture, torment or enslavement, deprivation of liberty, subjection to scientific experiments, sexual assault and sexual abuse of children, forced pregnancy and forced prostitution are covered.

Which elements are required for a crime against humanity to be committed?

According to the article, the act must be committed for political, philosophical, racial or religious motives, must be directed against a segment of society, must be committed systematically in line with a plan, and one of the offences listed in the first paragraph must be committed.

Does a sudden, unplanned act constitute a crime against humanity?

The article states that the act must be committed systematically in line with a plan, and that the elements of this offence are not present in situations that develop suddenly and without any prior plan or programme.

What penalties are prescribed for crimes against humanity?

Aggravated life imprisonment is prescribed for the act of intentional killing, and imprisonment of not less than eight years for the other acts. For intentional killing and intentional injury, the provisions on real concurrence apply according to the number of victims identified, meaning a separate penalty is imposed for each act.

Does a limitation period apply to crimes against humanity?

No. Under Article 77/4 of the TCK, no limitation period applies to these offences; the article states that neither the limitation period for prosecution nor the limitation period for enforcement of the sentence applies.

Consultation request

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