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The offence of genocideis regulated in the special provisions of the Turkish Criminal Code under the heading of international crimes. In this article we discuss the statutory regulation of the offence, its elements, its sanctions and the law applicable where it is committed in a foreign country.
The crime of genocide is regulated in Article 76 of Turkish Criminal Code No. 5237 (TCK)
“(1) The commission, in execution of a plan, of any of the following acts against members of a national, ethnic, racial or religious group with the intent to destroy that group in whole or in part constitutes the crime of genocide:
a) Intentional killing.
b) Causing serious harm to the physical or mental integrity of persons.
c) Forcing the group to live under conditions calculated to bring about its destruction in whole or in part.
d) Imposing measures intended to prevent births within the group.
e) Forcibly transferring children of the group to another group.
(2) The perpetrator of the crime of genocide shall be sentenced to aggravated life imprisonment. However, in respect of the offences of intentional killing and intentional wounding committed in the course of genocide, the provisions on real concurrence of offences shall apply according to the number of victims established.
(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.” is the wording of the provision.
Turkish Criminal Code No. 5237, Art. 76
International basis
After the Second World War, humanity, having experienced great tragedies as a result of the war, saw the United Nations Convention on the Prevention and Punishment of the Crime of Genocide approved and opened for signature by United Nations General Assembly Resolution 260 A (III) dated 0.12.1948, and Turkey became a party to this convention without reservation.
The elements of the crime of genocide, the first offence regulated under the heading of international crimes in the special provisions forming the Second Book of the Turkish Criminal Code, are as follows:
The acts constituting genocide are, in brief, as follows:
As regards the perpetrator
Aggravated life imprisonment
As regards legal entities
Security measures under Article 60 of the Turkish Criminal Code
On account of the offence of genocide, provided that the conditions are met, it may be decided to apply the security measures against legal persons under Article 60 of the Turkish Criminal Code. The perpetrators of the offence of genocide are sentenced to aggravated life imprisonment. In addition, separate penalties are imposed for the offences of killing and wounding set out in sub-paragraphs (a) and (b) of the first paragraph.
Limitation
Limitation periods for prosecution and for the execution of sentences will not run in respect of the offence of genocide.
Pursuant to Article 13 TCK, where the crime of genocide is committed abroad by a Turkish citizen or a foreign national, Turkish law will apply.
Related legislation: Turkish Criminal Code No. 5237 (mevzuat.gov.tr)
One or more of the acts listed in the law must be committed against members of a national, ethnic, racial or religious group, in execution of a plan, with the intent to destroy that group in whole or in part.
The offender is sentenced to aggravated life imprisonment. For the offences of intentional killing and intentional injury committed in the course of genocide, the provisions on real concurrence apply according to the number of victims; no limitation period for prosecution or enforcement of the sentence applies to these offences.
Makalede, TCK’nın 13. maddesi uyarınca soykırım suçunun Türk vatandaşı veya yabancı tarafından yabancı ülkede işlenmesi hâlinde Türk kanunlarının uygulanacağı belirtilmektedir.
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