Uyuşturucu Bağımlılığıyla Mücadelede Tedavi Mahkemelerinin Rolü ve Türkiye’de Uygulanabilirliği
İsmail ŞahinUyuşturucu ve uyarıcı madde bağımlılığı, kişinin bedeni ve akli sağlığını, ailevi, ekonomik ve sosyal durumunu olumsuz yönde etkileyen bir hastalıktır. Ceza hukukuna dair düzenlemelere rağmen uyuşturucu bağımlısı sayısının uzunca bir süredir yüksek seyrettiği gözlemlenmektedir. Ceza adaleti sistemleri açısından kapasite sorunu ve mali yüke neden olan bu durum nedeniyle ABD’de uyuşturucu tedavi mahkemeleri kurulmuştur. Terapötik hukuk yaklaşımının uygulama alanlarından sorun çözen mahkemelerin bir örneği olan bu mahkemelerde, uyuşturucu bağımlılığı cezai sonuçları olan bir sağlık sorunu olarak görülmekte ve adli müdahaleyle bağımlıların tedavilerinin sağlanması amaçlanmaktadır. Başvuru ve kabul süreci, tedavi, denetim, ödül ve geçici ceza sistemi, katılımcılara sunulan eğitim ve istihdam gibi olanaklar ve disiplinler arası iş birliği, bu modelin başarısına dair temel ölçütlerdir. Suç tekrarının önlenmesinde başarılı bulunan ve mali yönden avantajlı olan bu model, pek çok ülke tarafından emsal alınmıştır. İstatistiki veriler uyuşturucu bağımlılığının, ülkemiz açısından da ciddi bir sorun haline geldiğini göstermektedir. Uyuşturucu ve uyarıcı madde kullanımının suç olarak düzenlendiği 5237 sayılı Türk Ceza Kanunu’nun 191. maddesi, bugüne kadar çok sayıda değişikliğe uğramıştır. Mer’i mevzuatımız bağımlılıkla mücadele açısından tedavi edici bazı hükümler içerse de, bağımlılıkla mücadelenin etkinliği için kapsamlı düzenleme ve organizasyon ihtiyacı bulunduğu anlaşılmaktadır.
The Role of Treatment Courts in the Fight Against Drug Addiction and its Applicability in Türkiye
İsmail ŞahinDrug and stimulant addiction is a disease that negatively affects a person’s physical and mental health, family, economic situation and social status. Despite the regulations regarding criminal law, the number of drug addict has remained high for a long time. Due to this situation, which causes capacity problems and financial burdens for criminal justice systems, drug treatment courts have been established in the USA. These courts, which are an example of problem-solving courts from the application areas of the therapeutic law approach, aim to provide treatment for addicts through judicial intervention. The model achieves success through the application and acceptance process, treatment, supervision, reward and temporary punishment system, opportunities such as education and employment, and interdisciplinary cooperation. Many countries have adopted this model, which is financially advantageous and prevents recidivism. Statistical data show that drug addiction has also become a serious problem in our country. Article 191 of the Turkish Penal Code, which regulates the use of drug and stimulant substances as a crime, has undergone many changes. Although our current legislation contains some therapeutic provisions, there is a need for regulation and organization to ensure the effectiveness of the fight against addiction.
Drug, which is a medical term and derived from the word narco meaning sleep in Western languages, is also an important concept in criminal law. Because the production, supply, trade and use of drug and stimulant substances are subject to criminal regulations. Additionally, the trafficking of these substances is associated with organized crime and terrorism crimes; The use of these substances is closely related to crimes such as theft and prostitution. The word “drug” is used as a superordinate concept to include all addictive drug and stimulant substances that are intoxicating, pleasurable, stimulating, dream-inducing and provocative. Substance addiction is defined as the desire to use various types of drugs of plant or chemical origin that is continuous, repetitive and reaches a level that cannot be stopped without treatment.
Drug and stimulant addiction is a disease that negatively affects a person’s physical and mental health, family, economic situation and social status. This disease is a serious problem for society, especially in the close circle of addicts. This problem is a study subject in different disciplines such as criminology, medicine, psychology, pharmacology, sociology, and economics, as well as criminal law. This multifaceted structure of addiction leads the classical rules of criminal law to be inadequate in combating addiction.
Although heavy penalties are set for crimes within the scope of drug production and trafficking throughout the world, there are differences between countries’ crime and punishment policies regarding the punishment of personal drug use and possession of drugs for this purpose. Despite these criminal law regulations, the number of drug addictions has remained high for a long time. This situation, which also causes capacity problems and financial burdens for criminal justice systems, has led to the establishment of drug treatment courts in the United States, which are represent a different approach to combating addiction. Drug treatment courts, which are an example of problem-solving courts from the application areas of the therapeutic law approach, view drug addiction not as a classical crime but as a health problem with criminal consequences and aim to provide treatment to addicts through judicial intervention. The application and acceptance process adopted in the model, treatment, supervision, reward and temporary punishment system, opportunities such as education and employment offered to the participants and interdisciplinary cooperation are the basic criteria for the success of the model. This model, which has been found to be successful in preventing crime recidivism and reducing financial burden, has been taken as a precedent by many countries. Drug treatment courts operate in Canada, Australia, England, Scotland, Ireland, Austria, Belgium, Chile, Bolivia, Jamaica and parts of Brazil. The number of courts in the United States has also increased over this period. While there were 1,621 drug treatment courts in 2004, this number reached 3,448 in 2014 and 4,008 in 2021.
In our law, the purchase, acceptance, possession of drugs or stimulants for use or use is regulated as a crime in Article 191 of the Turkish Penal Code. Since the adoption of the Turkish Penal Code (TPC), changes have been made in the said article, with laws numbered 5377, 5560, 6217, 6545, 6638, 7078, 7188, and 7445. The postponement of prosecution introduced by the amendment made by Law No. 6545 with regard to Article 191 of the TPC led to a decrease in the number of investigations and prosecutions for a period of two years, but these numbers then showed a general and significant increase. Statistical data show that drug addiction has become a serious problem in our country. According to 2017 data, the rate of drug addicts in the total population in our country is 1.54%. According to the 2023 Türkiye Drug Report prepared by the General Directorate of Security, action was taken against 241,821 suspects in 2022 in accordance with Article 191 of the TPC. In 2022, public expenditures within the scope of the fight against drugs in our country were 4,264,683,725 TL.
Although the current provision and the relevant legislation contain some therapeutic provisions in terms of combating addiction, it is understood that there is a need for comprehensive regulation and organization for the effectiveness of the fight against addiction. We believe that drug treatment courts are more successful than our current law in combating drug addiction, that our current provisions are not sufficient, especially in therapeutic terms and that treatment structuring has not been completed. The drug treatment court model involves the participant’s application and acceptance into the program; treatment, supervision, rewards and temporary sanctions included in the program; education, employment and other opportunities offered to participants; it contains more effective provisions than our current law in many respects, such as the successful implementation of interdisciplinary cooperation. Many studies conducted in different countries have found that drug treatment courts are more successful in preventing recidivism than the classical approach of criminal law and reducing financial burdens. We believe that adopting the drug treatment court model will help prevent the criminal justice system from becoming a revolving door for drug-addicted criminals in our country, where the current workload regarding Article 191 of the TPC requires specialization. Thanks to the operation of this court in accordance with the problem-solving court model, beneficial results can be achieved for addicts, their families, society and our criminal justice system.
