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)
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)
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)
or (max. six months) imprisonment sentence given to the women ( without noticing the
age)
b)
or (max. six months) imprisonment sentence given to male offenders over sixty five years
old.
c)
or (max. one year) imprisonment sentence to the persons over seventy years old.
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d)
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
Number Beneficiary
Units of Work
Rehabilitation Works
Offenders
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 7 th 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.
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