New Era in Juvenile Justice: Restorative Justice and Conciliation

While the increasing incidents of violence have caused reactions in society, the methods of combating it have become one of the most important issues to be addressed. Children who are being led into crime at a young age are a bleeding wound. It is becoming increasingly important to rehabilitate and reintegrate these children into society before they turn into crime machines. At this point, the duties of the state within the scope of the rules of law are quite decisive. Altınbaş University Faculty of Law Faculty Member Dr. Yeşim Yılmaz stated that the legislator prefers the concept of “Child Driven to Crime” and said, “In essence, the understanding that the child does not commit a crime voluntarily, that he is directed to crime, in a sense, he is also a victim is accepted.” Prof. Dr. Yeşim Yılmaz said, “Especially family structure, family relationships, the environment in which they live, school life and education affect the child's social experiences, emotional and social development. Unfortunately, the negativities in these conditions push children to crime.” At the same time, Dr. Yeşim Yılmaz pointed out that some crimes, such as intentional killing with the motive of honour or blood motivation, are committed by children with the encouragement of adults due to the reduced penalty applied at a young age, and noted that the reasons that push children to crime should be eliminated first. Asserting that restorative justice offers an effective solution to juvenile delinquency, Dr. Yeşim Yılmaz said, “It contributes positively to children's education, development and adaptation to society. The spread of this understanding in the juvenile justice system serves to break the cycle of crime and reintegrate individuals into society.”

“Education should be the basis for rehabilitation”

Sanctions and measures based on education should be implemented for the rehabilitation of children dragged into crime. Yeşim Yılmaz says that what is important at this point is the socialization of the child as an individual who obeys social rules and respects the rules of law by preventing re-offending. According to Yılmaz, taking protective and preventive measures that will protect the best interests of children and contribute to their socialization is extremely important in terms of preventing juvenile delinquency. However, it is also necessary to implement educational, rehabilitative and rehabilitative sanctions and measures after the crime has been committed. Looking at the cycle of crimes, it can be said that serious and grave crimes that disrupt the social order are usually committed at the last stage, while less serious crimes are committed first. The success of these practices, especially for first-time offenders, is important in terms of reintegrating the offender into society.

“Children should be kept away from corrosive processes”

Yeşim Yılmaz also said that it is important to keep children under the age of eighteen away from the corrosive processes of the justice system, and added: “It is a priority to observe and protect the interests of children. Separate special judicial rules specific to children are envisaged. In addition, special courts have jurisdiction and it is essential that sanctions and measures are aimed at rehabilitation.”

“Sentences that bind freedom do not serve the purpose”

Yeşim Yılmaz stated that in accordance with international obligations, state institutions should strive for the rehabilitation of children without the need to appear before a court. She stated that restorative justice practices should be included especially for crimes committed by children who are dragged into crime, especially for crimes that are not of a serious nature. He called for restorative justice practices that develop options for these children instead of binding sentences and that are more humane. She suggested that the traditional understanding of justice, which punishes children and causes them to be stigmatized in the eyes of society, should be avoided. Yeşim Yılmaz continued her words as follows. “In the punitive justice approach, compensation for the harm and the victim are secondary. In addition, considering the overcrowded prisons and the prison subculture, it can be said that binding sentences do not serve the purpose of reintegrating the offender into society.”

Restorative Justice and Reconciliation Process

Defending the importance of the restorative justice approach in the juvenile justice system, Yeşim Yılmaz emphasized that the aim here is not to punish the child, but to make the child aware of the mistake he/she has made, to compensate the damage to the victim and to reintegrate the child into society. She pointed out that restorative justice aims to establish a dialogue between the perpetrator and the victim and to compensate for the damages caused by the crime. In this context, he said that restorative justice practices, which prioritize the satisfaction of the victim and offer a more humane approach, are very important in terms of ensuring the integration of children into society.

Citing reconciliation as the most common restorative justice practice, Dr. Yeşim Yılmaz from Altınbaş University stated that this practice is based on the mutual agreement of the perpetrator and the victim. She reminded that the parties should voluntarily take part in this process and the process should be managed by a conciliator. Stating that reconciliation is applied for both children and adults in Turkish law, she said, “The crimes for which reconciliation can be applied are shown in the law, and the scope of crimes subject to reconciliation for children is wider. The implementation of reconciliation will be in accordance with the best interests of the child in order to prevent children from being negatively affected by the criminal justice system and to protect their healthy development.”

“The child should understand the consequences of his/her mistake”

It is also an important detail that the child dragged into crime is allowed to participate and express his/her opinion in the reconciliation process. “The active participation of the child in the process enables him/her to understand the wrongfulness of his/her behavior.” Yılmaz said, ”In this process, actions such as material or moral compensation, assuming a certain social responsibility, or even apologizing to the victim can be determined. It is important for the child to fulfill the action to be performed by the child himself/herself in order to grasp the consequences of his/her behavior.”

Finally, Yılmaz underlined that the reconciliation process should be carried out under the supervision of a reconciliator who has received pedagogical training in order to carry out the reconciliation process in accordance with the developmental characteristics of children, and emphasized that in this way, it can be ensured that children are reintegrated into society without being worn out in the judicial process and that they can be prevented from committing crimes in the future.