What is the Crime of Torture (TCK 96)?

Crime of torture (TCK 96), against a person incompatible with human dignity, him/her causing physical or mental suffering and degradation is the execution of behaviors that lead to it.

The crucial point here is that torment often does not stem from a single “momentary” act, systematic manner or consists of actions that repeat over a certain process. This emphasis on “process and systematicity” also stands out in the decisions of the Yargıtay.

Distinguishing Characteristic of the Crime of Torture: Process and Systematicity

Torment may resemble acts such as intentional injury, insult, threat, or sexual harassment. However, when these are:

• sudden/one-time events they may constitute different crimes,
• by showing continuity when they reach the dimension of “punishing, forcing into humiliation, or psychological destruction” of a person TCK 96 comes to the agenda.

Therefore, the answer to the question "is there torment?" is mostly sought in the following elements:

• repetition and continuity of the acts,
• mental/physical wear and tear of the victim,
• impairment of the victim's dignity, driving them into a sense of fear/helplessness.

Penalty for the Crime of Torture (TCK 96/1)

According to Article 96/1 of the TCK:

• Regarding the person who commits the crime of torment imprisonment from 2 to 5 years .

Lower Limit in the Crime of Torment Against Women (2022 Amendment)

An important provision was added to the law with the amendment dated 12/5/2022:

• Crime against a woman if committed, the lower limit of the sentence cannot be less than 2 years and 6 months.

In practice, this means:

• The judge will not be able to sentence from the lower limit of "2 years",
• at least 2 years and 6 months and will conduct the evaluation based on the baseline sentence.

Qualified Circumstances of the Crime of Torture (TCK Art. 96/2) – Penalty Increased from 3 Years to 8 Years

TCK Art. 96/2 regulates circumstances where the victim is in greater need of protection or where the act is deemed more severe due to relationships such as domestic/ascendant-descendant relations.

Under these circumstances, the penalty is:

• Imprisonment from 3 to 8 years

shall apply as.

Torture Against a Child (TCK Art. 96/2-a)

Acts of torture to a child if committed against, the penalty shall be increased.

This provision ensures the child's:

• physically more vulnerable,
• psychologically more impressionable,
• susceptible to long-term trauma

is based on the premise that.

Torment Against a Person Unable to Defend Themselves (TCK Art. 96/2-a)

If the act physically or mentally unable to defend themselves if committed against such a person, the aggravated circumstance shall apply.

Examples of groups discussed in practice under this scope include:

• individuals vulnerable due to advanced age,
• those with severe illnesses,
• those unable to protect themselves due to mental/psychiatric disorders.

Torment Against a Pregnant Woman (TCK Art. 96/2-a)

If the act is directed at a pregnant woman, the aggravated circumstance shall apply in order to protect the victim and the unborn child.

Torment in Ascendant-Descendant and Domestic Relationships (TCK Art. 96/2-b)

If the acts are committed against;

• ascendants (mother, father, grandfather, grandmother),
• descendants (child, grandchild),
• paternity/maternity relationship,
• a spouse, or a divorced spouse,

the penalty 3–8 years increases to this range.

Torture Committed Against a Former Spouse is Also a Qualified Circumstance (Important Point)

Since the statutory text explicitly includes the phrase "against a divorced spouse":

• post-divorce acts of ongoing pressure/violence/torment are also
• within the scope of TCK Article 96/2-b heavier penalties and evaluated accordingly.

What Conduct Constitutes the Crime of Torture?

Since the law does not enumerate them "one by one," behaviors typically observed regarding the crime of torment generally bear the following characteristics:

• derogatory and humiliating treatment of the victim,
• attitudes aimed at psychological devastation along with physical pain (battery, etc.),
• methods such as threats, insults, isolation, and intimidation continuously as a process being applied,
• keeping the victim's life under constant pressure.

The critical distinction here is:

• A single slap is often evaluated under the scope of "intentional injury",
• while recurring, systematic processes that generate fear and a sense of worthlessness may be characterized as "torment".

Frequently Asked Questions (FAQ)

1) What is the crime of torture (TCK 96)?

The crime of torture is the infliction of behavior that violates human dignity, causing physical or mental pain and humiliation, most often systematically and over a period of time applied (TCK 96).

2) What is the penalty for the crime of torture in terms of years?

According to TCK 96/1 Imprisonment from 2 to 5 years .

3) Is the penalty increased for the crime of torture committed against a woman?

Yes. If the crime is committed against a woman, the lower limit of the penalty cannot be less than 2 years and 6 months.

4) What is the penalty for the crime of torture against a child?

If the act is committed against a child qualified circumstance occurs and the penalty Imprisonment from 3 to 8 years occurs.

5) Is the act alleged to have been committed against my ex-spouse considered torture?

The law explicitly considers the commission of "against a divorced spouse" as a qualified circumstance. In the specific case, an evaluation may be made pursuant to Article 96/2-b of the TCK, depending on the nature of the acts and whether they are systematic.

6) What is the difference between the crime of torture and insults, threats, or assault?

Although torture may encompass some of these acts, it is mostly evaluated as a process that is not sudden, shows continuity and has a destructive effect on the victim's psychology. This distinction is also emphasized in the precedents of the Court of Cassation.

Atty. Batın YILMAZ