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REPUBLIC OF TURKEY

MINISTRY OF JUSTICE

General Directorate of Prisons and Detention Houses

Department of Probation

PROBATION IN TURKEY

Ankara, 2015

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1.PROBATION

Probation is a punishment and execution system in which alternative sanctions and

measures that are given by courts to the suspects, defendants and offenders are implemented, and

in which all kinds of services, programmes and resources which the suspect, defendant and

offender needs to rehabilitate and reintegrate into society, are provided with supervision and

monitoring works within the society.

As a human oriented and community based application, probation serves for the aims of

providing public safety, compensating the damages of victims, preventing reoffending and helps

reintegrating the offenders into the society.

Probation system in Turkey was established in 15 August 2005 with Probation Service Code

numbered 5402 which entered in force on 20 July 2005 and perfoms its duties on the grounds of

the Regulation of Probation Services which is revised on 05/03/2013.

Probation sentences are given within the framework of; 'Turkish Penal Code' numbered

5237, 'Code of Criminal Procedure' numbered 5271, 'Code on the Execution of Sentences and

Security Measures' numbered 5275 and 'Child Protection Code' numbered 5395.

Our mission, in adherence to 'Turkish Constitution', international codes and national

legislations and in respect to human rights, is to execute of probation orders, reintegrate offenders

into the society and to minimise the damages on victims.

Our vision is; to provide all kinds of services, programmes and resources which juveniles,

suspects, accuseds and offenders need to reintegrate into society, to perform probation service

works, and within this scope, to priortise the plans and projects in all probation works and the

collaboration/participation of both governmental and non-govermental organizations.

2. STRUCTURE OF ORGANIZATION

Probation Department serves under the authority of Ministry of Justice, Directorate

General of Prisons and Detention Houses. Within the framework of Law, as a central organization;

Department of Probation is established under the authority of Ministry of Justice and; (137) local

managements are established as field/local service in provinces and districts where there is a high

criminal court.

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2.1.STRUCTURE OF THE CENTRAL ORGANIZATION

1 Head of Department and Judges, Branch Managers, probation experts , officers and

Electronic Monitoring Center staff work at Department of Probation (Center) under the Directorate

General of Prisons and Detention Houses.

The branches of our Department of Probation:

*The Branch Directorate Responsible From Execution and Rehabilitation: works on supervising

the execution and rehabilitation process of probation works in local managements, and improving

policies in this area.

It a) determines how the probation sentences and rehabilition works are executed/performed, b)

follows and supervises existing probation practices, c) evaluates existing execution and

rehabilitation works and materials d) develops new methods and materials e) develops future

policies

* The Branch Directorate Responsible From Assessment and Planning: a) follows the planning

process of local managemens on probation works, b) develops new policies on evaluation and

planning of probation works, c) finds solutions for the problems encountered on evalaution and

planning, d) standardizes the criteria of evaluation and planning applications e) collects data,

analyses and reports the statistics regularly from the managements and offices.

* The Branch Directorate Responsible From Protection Boards and Victim Support Services:

a) ensures the regular and efficient operation of the protection boards within the framework of

general objectives and policies,

b) conducts works regarding resocialization of (ex)offenders and preventing reoffending

c) follows all kinds of works and procedures related to protection boards and

d) collaborates with all stakeholders i.e. ministry of justice, other ministries, governmental and non

governmental institutions/organizations, professionals, in relation to protection boards.

* The Branch Directorate Responsible From Juvenile and Youth Probation Procedures:

In respect to the best interest(s) of the child and in adherence to all legislative framework in this

area,

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a) follows the execution of probation sentences given to the children.

b) follows the rehabilitation works of juvenile probationers within the society.

c) follows works of juvenile probationers and take precations to avoid recidivisim of juvenile

offenders under probation.

d) helps resocialisation of juvenile offenders/probationers.

e) collaborates with all stakeholders i.e. ministry of justice, other ministries, governmental and non

governmental institutions/organizations, professionals, in relation to probation works of juvenile

probationers.

* The Branch Directorate Responsible From Electronic Monitoring:

a) monitors and supervises probationers within the society with electronic tools/system.

b) follows the electronic monitoring works in local managements, controls the progress in the

implemention of the plans.

c) reports breaches and violations to local managements for rapid intervention.

d) collaborates with stakeholders in order to develop EM works.

e) collects data, evaluates, analyses and draw future plans and policies on EM.

2.2.STRUCTURE OF THE LOCAL ORGANIZATION

As field services, 137 local probation directorates were established under The Chief Public

Prosecutor's offices in provinces/districts which have high criminal courts in. 122 Managers and

Deputy Managers, 1073 probation experts (psychologists, social workers, sociologists and teachers)

and 2938 officers, totally 4133 personnel work at 137 probation directorates.

The Duties of Bureaus in Local Probation Directorates/Managements:

* Incoming Documents Bureau: All the documents and correspondence coming from the courts,

Chief Public Prosecutor’s Office and other institutions are taken by the Incoming Document

Bureau. This bureau forwards the documents to the related internal bureaues or to the related

external instutions.

* Registration and Admission Bureau: Registration and admission procedures of the offenders

sentenced to a type of probation sanction, are carried out by Registration and Admission Bureau.

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* Assessment and Planning Bureau: Processes of determining risks and needs of the probationers,

evaluating the needs, (then) planning the works and activities to be performed in the context of

supervision, monitoring and rehabilitation of probationers are done in this bureau.

* Execution Bureau: The realisation/execution of probation sentences given to the probationers

and the coordination of all works related to supervision, monitoring and rehabilitation of

probationers within society shall be performed by the execution bureau in line with

supervision/probation plan prepared by the evaluation and planning bureau.

* Education and Rehabilitation Bureau: performs and follows the rehabilitation works/activities

determined in supervision plan intended to educate, rehabilitate and reintegrate the probationers

into the society. Probation experts serves in this bureau in order to perform and follow education

and rehabilitation works/activities.

* Supervising Bureau: Supervision and monitoring ( with or without EM tools) of the probationers

within the society is performed by Probation officers at supervision/monitoring bureau, or in

collaboration with law enforcement agencies.

* Victim Support Services Bureau: coordinates and executes works intended for victim support.

Where possible, bureau is established in different sections of the management premises apart

from places where probationers get service. Victim support service bureaues may be set in court

premises/houses where suitable space is allocated.

* Protection Boards Bureau: performs secretarial activities of protection boards; evaluates the

requests of victims and the ex-offenders who apply for the support.

* Administrative and Financial Affairs Bureau: plans and executes the administrative activities of

the management in order to execute its duties effectively and productively; performs the

purchases of goods and services.

3.ADVISORY BOARD

Advisory board was established in the Ministry in order to function as consultancy body for

Probation Services. Chairman of Advisory Board is the undersecretary of Ministry of Justice, vice

chairman is the deputy undersecretary. Advisory Board gathers at least once a calendar year.

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Advisory board consists of the members of ministry of Justice and several stakeholders; public

institutions and academics.

The duties of the board are;

a) to set the main principles related to probation services, to take advisory desicions and to

transmit these decisions to relevant institutions and organizations,

b) to evaluate the annual activities of the directorates and protection boards, to give

recommendations,

c) to analyse the code, regulation and legislation drafts prepared on the duties of directorates

and protection boards.

4.THE DUTIES OF PROBATION

Probation has three fundamental duties/functions:

a) execute probation sentences given by the authorities; to supervise and monitor the

probationers within society,

b) help rehabilitation and resocialization of probationers, ex-offenders and victims,

c) help courts in their sentences.

4.1. EXECUTE PROBATION SENTENCES GIVEN BY THE AUTHORITIES; TO SUPERVISE AND

MONITOR PROBATIONERS WITHIN SOCIETY

Offenders can be sentenced to a Probation order/sanction/measure within the framework

of following articles of legislations.

a- Forms of Probation Before the Sentence

I- Judicial Control (Criminal Procedure Code -article 109 and Child Protection Code- article 36)

II- Treatment and/or Probation (Turkish Penal Code-article 191)

b- As a Probation Order (given by the courts or public prosequiters)

III-Postponement of the pronouncement of the sentence/Deferral (Criminal Procedure Code -

article 231)

IV- Alternative Sanctions to Short-Term Imprisonment (Turkish Penal Code-article 50)

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V- Suspension of Custodial Sentence with Probation (Turkish Penal Code-article 51)

VI- Prohibition of enjoying certain right and power (Turkish Penal Code-article 53)

VII- Effective Remorse (Turkish Penal Code-article 221)

VIII- Community Service Instead of Judicial Fine (Code on the Execution of Sentences and Security

Measures-article 106/3)

IX- Probation Sanctions for Juvenile Under Supervision (Child Protection Code-article 36)

c- Probation Sanctions After the Imprisonment Period

X- Early Release/Execution of Sentences Under Probation (Code on the Execution of Sentences and

Security Measures-article 105/A)

XI-Conditional Release (Code on the Execution of Sentences and Security Measures-article 107)

XII-Probation For Recidivist After Release (Code on the Execution of Sentences and Security

Measures-article 108)

XIII-Home Arrest(Code on the Execution of Sentences and Security Measures-article 110)

Table 1: Types Of Codes for Probation

Types Of Codes Affected

Judicial Control 325.046

Postponement of the pronouncement of the sentence/Deferral 61.113

Alternative Sanctions to Short-Term Imprisonment 60.455

Suspension of Custodial Sentence with Probation 12.615

Treatment and/or Probation 752.644

Effective Remorse 2.405

Prohibition of enjoying certain right and power 31.045

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Early Release/Execution of Sentences Under Probation 324.003

Community Service Instead of Judicial Fine 206.905

Conditional Release and Probation For Recidivist After Release 27.186

Home arrest 1.608

Probation Sanctions for Juvenile Under Supervision 6.333

TOTAL BETWEEN 2006-2015 YEARS 1.811.358

4.1.1.FORMS OF PROBATION BEFORE THE SENTENCE

4.1.1.1.Judicial Control

The order of judicial control is given within the scope of article 109 of 'Criminal Procedure

Code' numbered 5271 and article 20 (a,b and c subclauses) of 'Child Protection Code' numbered

5395 instead of detention. The sanctions/measures given under this article are;

Prohibition from going abroad

Applying to the institutions specified by the judge on a regular basis within the specified

periods.

Abiding by the summons from the authorities or individuals determined by the judge and

control measures on vocational activities or attending education, when necessary.

Prohibition from driving every kind or specific kinds of vehicles and when necessary,

submitting the driver’s license to the office handling paperwork for the department in

return for a receipt.

Hospitalization, being subject to and accepting treatment and inspection measures in order

especially to be free from drugs, stimulants or volatile substances and alcohol,

Depositing an amount of assurance, the payment amount, conditions or periods of which

are specified by the judge upon the demand of the Chief Public Prosecutor by taking the

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financial circumstances of the offender into consideration.

Prohibition on possessing or carrying gun and submitting the possessed guns, if necessary,

to the office of deposit at the court in return for a receipt.

Assuring an amount of fund, the amount and payment period of which is specified by the

judge upon the demand of the Chief Public Prosecutor for real or individual guarantee in

order to guarantee the rights of the victim.

Guaranteeing to fulfil the family obligations and to pay the alimony ordered to be paid in

accordance with the judicial orders on a regular basis,

4.1.1.2. Treatment and/or Probation

The treatment and probation orders are given within the scope of article 191 of 'Turkish

Penal Code' numbered 5237 for drug users and drug possession.

4.1.2.AS A PROBATION ORDER GIVEN (BY THE JUDICIAL BODIES)

4.1.2.1. Postponement of the Pronouncement of the Sentence/Deferral

The orders of postponement of the pronouncement of the sentence are given within the

scope of article 231 of Criminal Procedure Code numbered 5271.

In cases where the offender has not been sentenced before and, the sentence given for the

related crime less than two year or a judicial fine, the offender is sentenced to one-year probation

process. The sanctions given in this scope;

Letting the offenders with no professions or crafts attend a training program to gain a

profession or craft.

In cases where s/he has a profession or a skill, obligation of paid work in a public institution

or in a private place, under the supervision of another person who performs the same

profession or skill,

prohibition from going to certain places, obligation of visiting certain places, or any other

obligation which shall be determined by the discretion of the court.

4.1.2.2. Alternative Sanctions to Short-Term İmprisonment

The orders of alternative sanctions instead of short-term imprisonment are given by courts

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within the scope of article 50 of 'Turkish Penal Code' numbered 5237.

Short-term imprisonment may be converted to following alternative punishments

according to the personal, social and economical status of the offender, qualifications of the

offense, repentance of him/her during the trial period and;

Admittance to an education institution ( when necessary with an accomodation/sheltering

facility) for at least two years period, to improve professional skills or to learn art,

Prohibition from travelling to certain places or to conduct certain activities for a period up

to half of the imprisonment sentence period.

In case of committing an offense by misuse of rights and powers or by failing to take proper

care and necessary precautions; seizure of driving license and any other license certificates

or prohibition from performing certain profession or art for a period from half to one fold

of the imprisonment sentence period.

Unpaid work in a job performed for public interest for a period from half to one fold of the

imprisonment sentence period.

4.1.2.3. Suspension of Custodial Sentence with Probation

The order of Suspension of Sentence is given by courts within the scope of article 51 of

'Turkish Penal Code' numbered 5237

During the suspension period, the court may decide/order;

a) for the offender who have no profession or skills, to attend a training program,

b) for the offender with a profession or required skills, a paid work in a public institution or under

supervision of a private authority.

c) for the offender under the age of eighteen, to attend a training institution, when necessary with

an accomodation/sheltering service, in order to gain a profession or art.

d) the court may assign an expert to guide the offender during the inspection period. This guide

gives advice to the offender to persuade him to give up bad habits and to act with the conscious of

his responsibilities for a good life; and s/he prepares quarterly reports about the behavior, social

adaptation and progress of the probationer to be submitted to the judge, by establishing contact

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and exchanging views with the authorities or staff of the training institution, about the progress of

the probationer.

4.1.2.4. Prohibition of Enjoying Certain Right and Exercise of Power

As a security measure, the orders of 'prohibition from enjoying certain right(s) and exercise

of power, prohibition from performing certain jobs/works or disqualification from use of certain

rights' are given within the scope of article 53 of 'Turkish Penal Code' numbered 5237 by courts.

4.1.2.5. Effective Remorse

As a security measure, the order of 'effective remorse' is given within the scope of article

221 (5th subclauses) of 'Criminal Procedure Code' numbered 5271 and article 20 of 'Child

Protection Code' numbered 5395 instead of detention by courts.

The offenders who are the founder or member of a crime syndicate or who help illegal

criminal organizations; in the cases before committing any crime, and in the cases where they

voluntarily leave the crime syndicate, help dissolution of the organization, or provide information

about the structure or the illegal activities of the organization; are availed of/let to benetfit from

the order of 'effective remorse', with a portion of reduction in the sentence or without giving any

sentence. Those offenders are given the benefit of one year probation period in the framework of

effective remorse.

4.1.2.6. Community Service Instead of Judicial Fine

The imprisonment sentence given in return for a judicial fine, can be converted to

'community Service' sanction upon the request of the offender, within the scope of article 106/3 of

'Code on the Execution of Sentences and Security Measures' numbered 5275 by courts.

4.1.2.7. Probation Sanctions for Juvenile Under Supervision

Under the article 36 of 'Child Protection Code' no. 5395, for the juvenile delinquents (driven

to crime), following probation santions can be given by courts; 'a) protective and supportive

measure within the scope of security measures, b) Postponement of a public lawsuit, c)

Postponement of prononuncing a sentence'.

Also, under the article 20 of 'Child Protection Code', no. 5395, for the juvenile delinquents

following probation orders may be given as a form of 'Judicial Control'; a) Prohibition from

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surpassing the specified boundaries, b) Prohibition from going to certain places specified, or

allowing to go only to the certain specified places, c) Prohibition from contacting with the specified

individuals and organizations.

4.1.3. PROBATION SANCTIONS AFTER THE IMPRISONMENT PERIOD

4.1.3.1. Early Release/Execution of Sentences Under Probation

According to the article 105/A of 'Code on the Execution of Sentences and Security Measures',

numbered 5275; In order to help their resocialization, to strengthen their families ties and

adaptation to social life, the prisoners may be released in their last one or less year time before

their conditional release by the court, on account of the good will/conduct, upon their request and

according to the report prepared by the prison authority.

This is called 'Early Release'; execution of imprisonment sentence under probation (by

implementing some types of probation measures).

The women ( mother) prisoners who have 0-6 year old children can benefit from 'Early Release' in

their last two years of imprisonment time, as a form of positive discrimination. Also, the prisoners

who are incapable of maintain their life on their own, due to a serious disease, disability or age can

benefit from 'early release' conditions, in their last three years of imprisonment period upon

official documents testifying their status.

The prisoners released in the scope of 'early release' from prison, (executing their

improsenment period under probation) are given some types of corrections/sanctions by

probation office management after risk and needs analysis:

a) c

ommunity service in a public institution for public interest for 1/3 time to their

conditional release time.

b) (

home confinement) keeping under supervision and observation in a house or a

region

c) p

rohibition from visiting certain places or regions

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d) participating in rehabilitation programs

NB: With the risk and needs assesment tool applied to the probaitoners in

probation office management, the offenders are divided in 3 risk category according

to recidivism or harm, in each of which are arranged the proportion or density of

the sanctions by the probation authority. Some of the offenders can be decided to

be monitored with electronic devices.

4.1.3.2.Conditional Release

The offenders in their conditional release period, are given some sanctions of 'paid work,

continuing education process, attending guidance/rehabilitation servise' by the court in the scope

of article 107 (7th,8th and 9th subclauses) of 'Code on the Execution of Sentences and Security

Measures' numbered 5275.

4.1.3.3. Probation for Recidivists After Release

To help recidivists reintegrate into society and minimize the risk of recidivism; some form of

probation santions and monitoring may be given by court, such as the obligation of attending

guidance/rehabilitation activities. The order is given in the scope of article 108 of 'Code on the

Execution of Sentences and Security Measures' numbered 5275.

4.1.3.4. Home Arrest

Within the scope of Article 110 of 'Code on the Execution of Sentences and Security Measures'

numbered 5275;

a) f

or (max. six months) imprisonment sentence given to the women ( without noticing the

age)

b) f

or (max. six months) imprisonment sentence given to male offenders over sixty five years

old.

c) f

or (max. one year) imprisonment sentence to the persons over seventy years old.

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d) f

or (max. three years) imprisonment sentence to the persons over seventy five years old

Home arrest/confinement sanction can be given by the courts under certain conditions. Execution

of home confinement can be conducted by means of electronic bracelets.

4.2.HELP REHABILITATION AND RESOCIALIZATION OF PROBATIONERS, EX-OFFENDERS

AND VICTIMS

Within the framework of 'Probation Services Code' numbered 5402, in order to help ex

offenders and victims in their lives, to help them earn their living and their employability, and to

assist them to cope with their problems they encountered, Protection Boards are established in

137 provinces where there is a high criminal court, under the authority of Chief of Public

Prosecutor,

Protection Boards, under the chairmanship of Chief of Public Prosecutor consists of the

members of related govermental and non governmental organisations and bodies, such as; Deputy

Public Prosecutor, mayor, manager of prison, manager of probation, members of bar assaciation,

some related public institutions and non-govermental organizations.

Protection board meets once a 3 months and performs the following duties:

a) Assisting ex-prisoners to find jobs, set up a workplace or earn their living and

directing them to relavant institutions or entities where they can find

support on vocational training or financial issues on these issues.

b) Preparing or following or assissting projects to raise their employability, to

help them in their vocational training, to set up workplace or earn their

living etc.

c) Helping exoffenders/exprisoners or directing them to relevant institutions

and entities to solve their social and economic problems.

d) Providing help/support to ex-prisoners in their family and psycho-social

problems,

e) Taking some kind of precautionary measures, assisting and preparing

projects to ensure exprisoners to continue their education process.

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f) Helping and collaborating with Probation Management office to implement

probation sanctions and measures, and where necessary collaborating with

other governmental, non-governmental organizations, instutions,

foundations or associations to ensure the execution of probation measures.

g) Providing suggestions and opinions to the management office in terms of

preparation and update of lists of services and lists of institutional

educations and programs.

From 2006 to 2015, 1455 aids in kind, 1147 financial aids, 1523 work placements, 141

credits, 1191 educational assistances, 36 medicaids, 104 psycho-social assistances totally 5597

units support delivered to the applicants ( ex prisoners and crime victims) by Protection Boards.

Totally 2074 individuals are benefited from 175 training courses given in projects set for

resocialization, rehabilitation of offenders. Besides,business projects were completed successfully

by collobrating other public and private institutions.

Within the framework of Probation Service Code numbered 5402, Probation Managements

are responsible to help and mentor the (applicant) victims in their psychosocial and financial

problems resulted from crimes. According to Regulation of Probation Services, in places inside or

outside of probation management premises, suitable for victims apart from the places where

probationers get service, Victim support services are established to provide or coordinate support

for victims. Victim support services, in full coordination with all relevant institutions, entities and

persons, upon the requests of victims;

a) evaluate victim’s loss and request,

b) regulate the treatment towards victims on humanistic basis within judicial process,

c) support the victims within criminal justice system,

d) create/ form social consciousness,

e) procect victims from (possible) oppression, attack or offence,

f) encourage victims and to increase their self-confidence.

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g) inform victims about persons and entities where they can get help/ receive aid

h) inform them about trial process

i) implement psycho-social support programs

From 2006 to June of 2015, 384 aids in kind, 293 financial aid, 66 work placements, 204

educational assistances, 10 medicul aids, 189 psycho-social assistances and 119 vocational training

assistances, totally 5597 units of assistance are relieved to victims.

4.3.HELP COURTS IN THEIR DECISIONS

Social research reports are prepared by probation experts for the courts before their

sentences in prosecution and investigation process, evaluating the suspect or defendant with

his/her personal, social, economical, psychological situations, in a systematic method; determining

their risks and including suggestions about services, programs and resources according to their

needs.

The report includes necessary information about the suspect/defendant such as; identity,

criminal records, health, family, social environment, education, characteristics, economic, cognitive

and psychological situations, risks against victim(s) and society, and their attitude and behavior.

From 2006 to June of 2015, 46.494 social research reports were prepared for the courts by

probation professionals.

5. PROBATION PROCESS

Probation for an offender is established/based on complementary 4 processes:

1-Assessment and Planning Process

2- Execution Process

3- Rehabilition Process

4- Supervision/monitoring Process

5.1. ASSESSMENT AND PLANNING PROCESS

As a first step, after the registration process of the probationer, his/her risks and needs are

determined and assessed via a tool/scale and probation process is planned accordingly.

Probation system is based on the scope of individualized rehabilitation. The aim, instead of a

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single type plan, is to implement a probation plan for each probationer recognising their individual

differences and needs.

Semi-structred scale named ARDEF (Survey and Assessment Form) evaluates probationer's

attitudes, behaviours and personal characteristics. Depending on the outcome of ARDEF, an

individual rehabilitation plan is prepared in accordance with his type of decision/probation

sentence given by the court/judicial authority.

The questions in the risk assesment system/tool are consisted of convict’s

*general information such as identity and execution types,

*static information such as crime history and perpetration features,

*dynamic information such as social and personal factors affecting perpetration.

Risk assessment means the determination of the risks of recidivism and probationer’s

possible risks to his/her self, family, social environment and to prabation staff.

The need analiyse is the determination of services and programmes in order to minimizing

the possibility of recidivism and harm to his/her self, family, social environment and staff.

5.2. EXECUTION PROCESS

Probation sentences, sanctions/measures given by courts, prosecuters and ( for some

sentences ) by probation managements; are executed by probation managements and when

necessary in collobration with related institutions. All execution/implementation process including

correspondence, coordination, documentation, interview with probationers, monitoring and

ending procedures are followed by probation officers ( case managers) in Execution Bureau.

Generally, probationers interview with their case managers once in a month, when they come to

management office for rehabilitation programs.

5.3. REHABILITATION PROCESS

Rehabilitation Works that are planned by evaluation and planning bureau goes at the same

time /in coordination with execution process and followed/performed by probation experts

including social workers, psychologists, teachers and sociologists in rehabilitation bureau. Besides

some rehabilitation works are done by purchasing services from some stakeholders, such as

Ministry of Education, Ministry of Health, Ministry of Labor, Ministry of Family and Social Policies

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and other public and private institutions.

Rehabilitation works are categorized as;

Individual interviews

Group works

Seminars

Vocational and hobby courses

Spare time activities etc.

5.3.1. INDIVIDUAL INTERVIEW

Indivudual interviews are the first method and step of the rehabilitation process performed

by probation experts when probationer come to management. In this process, the probationer are

recognised deeply and extensively with their risks and needs. The one to one intervews are

performed once a three weeks, three times at the beginning of his/her process, each of which lasts

about 30 to 45 minutes in order to a) revise the risk and needs assessment, b) raise awareness

towards the cause, results and effects of the offense, c) develop their problem solving abilities and

d) prepare them for the following rehabilitation process and activities.

After 3 individual interviews, the process goes on either with group works and seminars or again

with individual interviews depending on probation expert's assessment, that is; the ones that are

assessed not to be suitable for group works are followed by individual interviews by experts.

Individual interviews are performed in private interview rooms which are designed both for

effective communication and personnel safety.

5.3.2.GROUP WORKS

Group works is performed in order for the probationes to raise awareness, raise problem

solving abilities, to gain motivation within group harmony and group atmosphere. In this context,

generally semi-structured group intervention (rehabilitation) programmes are developed for adult

and juvenile probationers according to their needs. Group works are generally closed sessions with

min. 4 to max. 16 probationers, in 4 to 10 sessions each of which lasts up to 2 hours.

Rehabilitation programmes applied in group works are:

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I- Alcohol-Drug Addiction - Adult Intervention Program(SAMBA)

II- Change for Life - Adult intervention program ( HAYDE)

III- Anger Management - Adult intervention program (ÖFKE),

IV- Parenting Education - Adult intervention Program

V- Anger Management - Juvenile intervention Program (ÖFKESİZ)

VI- Alcohol- Drug Addiction - Juvenile intervention Program ( SAMBA Junior)

VII- Basic Approach - Juvenile intervention Program

VIII - General Criminal Behaviors - Juvenile intervention Program

IX- Avoiding Aggression - Juvenile intervention Program

5.3.3. SEMINARS

In probation directorates, various seminars are organized in different areas for the needs of

the offenders. These seminars are conducted by both probation personnel and by the staff of

external stakeholder institutions. Some of these are; "Communication in the Family",

"Employment", "Personal Development", etc. Seminars are applied modularly to larger groups

compared to group works, and generally in the form of one or two sessions.

5.3.4. VOCATIONAL AND HOBBY COURSES

Vocational training and hobby courses are organized, both within probation institutions and

in cooperation with other institutions/ organizations, for the probationers to keep up a healthy

social life and to sustain their rehabilitation process.

5.3.5. LEISURE TIME ACTIVITIES and OTHER ACTIVITIES

According to their interests and needs, probationers are directed to educational, social,

cultural, artistic and sports activities in order to support their resocialization, rehabilitation process

and reintegration into normal life.

Leisure time works are mostly conducted by diverting the probationers to the services of

other relevant organisations or can be conducted by probation staff/experts.

In various activities such as cinema, theater, thematic trips, reading etc., funds and services of

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various public and private intitutions including Protection Boards are utilized/enjoyed as

opportunities of rehabilitation.

Table 2: Training and rehabilitation studies carried out in 2014

Training and

Rehabilitation Works

Number Beneficiary

Offenders

Units of Work

Individual interviews 494.984 199.073

Group Works 5.138 71.342

Seminars 13.998 351.628

5.4. CONTROL AND MONITORING PROCESS

Control/monitoring process has the same importance with the rehabilitation process for the

completion of execution process. Probationers are monitored/controlled in some ways/methods

according to their sentence types. a) direct monitoring by going execution area for some sanctions

such as; community servise, home arrest, paid or unpaid work b) monitoring via enforcement

agencies for some sanctions such as 'prohibiton from going abroad', ' prohibition from enjoying

some rights, ie. Driving, going smw ', c) electronic monitoring for some sanctions such as; home

arrest, prohibiton from going somewhere, or using some rights, prohibition from approaching a

victim' etc. d) control/monitor by stakeholders via correspondence for some sanctions such as ; '

attending a training, rehabilitation or a treatment program, seizure or withdrawal of the driving

license, order of paying an amount or alimony' etc.

Direct monitoring by probation staff and by enforcement agencies are done in random times

to the actual place of implementation.

5.4.1. ELECTRONIC MONITORING

Electronic monitoring system was established in 2012, as a pilot application. In 25 February

2012, pilot applications started and went on 10 months till 07 December 2012. EM applications of

several countries were analysed and compared with study visits. In 10 months piloting period,

offenders are monitored through electronic monitoring devices in 81 (city) centers and a great deal

of experience was gained on EM methods, technologies, legal basis, physical infrastructures,

personnel and trainings. Then Full EM application with the latest technology started in 2013. The

number of the total beneficiaries is 11.717 from 2012 till August of 2015.

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EM Center has the capacity to monitor 5000 individuals at the same time. It works 7/24 with

58 staff working in 4 shift basis. The entrance of EMC is controlled with EM systems, and limited

number of personnel have been authorised to access. Entrance can only be done by authorised

people and through retina recognition system through bullet proof glass door. All the data of the

system, including entrance-exit and phone call recording of the personnel are transferred and

stored in UYAP – National Judicial Informatics System, and all EM process are performed within this

system. EMC staff is mainly responsible for; monitoring, reporting, data processing, communication

with both probation officers and probationers monitored in local centers.

In case of violation/breach or immediate intervention when necessary, EMC personnel call;

• the probationers/offenders who are monitored,

• the probation officers to go in the scene and to

report it for the judicial process.

• victims,

• law enforcement officials -police or gendarmerie- to

make quick intervention, to neutralize the criminal and to detain if necessary.

Local Monitoring Personnel ( probation officers in local management offices) working in 131

local branch management services are responsible for;

• monitoring/supervising all probationers under

monitoring with or without electronic tools,

• making intervention to the offenders in case of

violation by going to the scene in a short time upon the call from the EM center.

• installation and removal of the tools/bracelets in

local branches.

• inform probationers on their rights, responsibilities

and EM tools.

They undergo a series of training programme including legal basis, EM tools, intervention

methods etc.

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5.4.2.LEGAL INFRASTRUCTURE/ BASIS

In 11 April 2012, Article 15/A related with EM was added to the Probation Service Code

numbered 5402, saying ' surveillance and control of offenders ( the suspect, accused and convict)

within society can be done through electronic tools/devices'. In parallel, Regulation of Probation

Services was revised and the articles 101 to 106 in the first and second chapter of 7th Part, were

regulated.

Important Note; Unlike the practices in Europe, Electronic monitoring orders in Turkey are

given by Probation Authority/EM Center upon the request of local branch management, not by a

judge or a court. That is; the order of a type of Probation sentence/decision is given by the

court/prosequtor then the way of monitoring of probationers during execution process is decided

by the authority of Probation.

6. OTHER TOPICS WITHIN PROBATION

6.1. PERSONNEL IN SERVICE TRAININGS

In-service Trainings organised for probaiton personnel to strenghten their professional

development and competencies are mosly performed in its own training centers of Ministry of

Justice and when necessary in some other places. When compared to its own personnel number

and to other institutions, Probation Service is of the category of institutions with a high density

rate of in-service training programs.

In this scope; in in-service trainings between 2013-2015, 2376 probation experts took a

type of intervention program training for rehabilitation studies, 464 personnel underwent/took

other types of training programs such as, Trainers training, motorized team, anger management,

communication and human relations, individual interview techniques training programs, 306

personnel underwent/took a workshop activities, totally 3146 probation staff/personnel utilised a

kind of training programme.

6.2. PROJECTS IN PROBATION SYSTEM

In execution of probaiton decisions, rehabilitation or resocialisation of prabationers, the

matters/requirements that exceeds the capacity of personnel or financial situation, are tried to be

solved via projects. Many local and international projects which are addressed/devoted to the

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rehabilitation of offenders/probationers or development of personnel are carried out by local

managements or probation directorate itself.

Projects being contucted by Probation department;

I. The EU funded 'The Strengthening of Probation Services’ Institutional Capacity in

Transition to Electronic Monitoring System in Turkey' project has started and been conducted by

the consortium of England, Netherland and Portugal.

II. 'Developing an effective risk assesment system for juvenile in Turkish Probation' was

accepted by the Council of Europe and the application process has been started.

III. Abroad- Mobility Projects

Various abroad mobility projects are realised by the local management offices and

probation directorate.

6.3.SYMPOSIUM

In order to mark the 10th anniversary of the establishment of Turkish Probation System and

introduce its achievements in national and international platform, an international symposium was

decided to be held on 8-10 December 2015 in Istanbul by Turkish Department of Probation,

General Directorate of Prisons and Detention Houses, Ministry of Justice.

With this symposium, it is aimed;

a) to interchange the 10 years experience of Probation with the stakeholders in the international

b) platform and especially with the countries in the region,

c) to share the good practices in Europe and in the world,

d) to evaluate the studies of the local and global academic circles and

e) to provide opportunity for probation officers to exchange experiences.

Practitioners, academics, researchers, people who are interested in the area from eastern and

western countries are expected to gather.

7. RESULTS

An alternative penal system for many years to imprisonment in the world, Probation; not

only for its positive effects, on reducing overpopulation in prisons, but also for minimizing the

negative effects and the costs of imprisonment to individuals and to the system, has become an

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essential part of Turkish execution/law enforcment system in a very short time, as its applications

are familiar and well-matched to many historical applications in Turkish Judicial system and the

roots of law history.

MINI-VOCABULARY

Probationers: Suspects, defendants and offenders in Probation.

Management: Local managements in provinces and districts where there is a high criminal court.

Probation officer: Correction officer

Probation expert: psychologists, social workers, sociologists and teachers.