Using Antiandrogens in Perpetrators of Sexually Motivated Crimes in Turkey - Current Legal Situation

Abstract

Using antiandrogens within penitentiary aims to reduce sexual violence recidivism refers to chemical castration, which has been a quite controversial topic in Turkey. Indeed, whether the chemical castration of sexual offenders is to be compulsory in Turkish law still remains today as open question. In 2011 a draft law (as code) that particularly aimed at a significant reduction in testosterone levels through medical interventions was introduced, however, not signed into law so far. The chemical castration of sexual offenders raises three main questions as below;1. Firstly, it is already questionable whether chemical castration corresponds to any type of medical treatment or not.2. Secondly, it raises doubts on the causes of the sex offense, which are not limited with a high testosterone levels or simply sexual desire, but also it may have various other complex criminological grounds.3. Ultimately, the core question arises of how to reconcile using chemical castration with the principles of human rights in a democratic state.In 2016, an executive regulation relied upon Article 108 of Penal and Security Measures Execution Code came into force. Pursuant to Article 7 of this regulation, such treatment can be carried out on an outpatient or inpatient basis, with or without medication, and aims to reduce or even eliminate sexual drives. However, the Turkish psychiatrists had significant concerns, and as such Psychiatric Association of Turkey (PAT) successfully took a legal action against this regulation in 2017. As a result, ultimately, the High Administrative Court decided in 2020 that the term of treatment regulated in Article 7 of this regulation is not compatible with the Constitution, because Article 17 of the Constitution states that ‘the physical integrity of a person may be intervened only in the medical emergency and in the code- specified cases’. An executive regulation does not fall under the term of code which can be made only by the parliament. Thus, in Turkey, currently a compulsory chemical castration on sexual offenders has no application.