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1. NATIONAL POLICIES AND LEGISLATION PDF Print E-mail
Written by Administrator   
Monday, 28 March 2011 00:00

2006 National Report on Combatting Against Add c ive Substance and Addiction
PART A
NEW DEVELOPMENTS AND TRENDS

1. NATIONAL POLICIES AND LEGISLATION

1.1. Legal Framework

Turkey recognizes the crimes related to the supply of illicit substances as crimes against hu-manity and the addicts as patients requiring treatment. Turkey always welcomes and supports na-tional and international cooperation in the context of the supply and demand, and treatment and so-cial integration efforts. In this respect, Constitution of the Turkish Republic highlights the need and significance of the counter efforts against the addictive substances. Article 58 of the Constitution re-ads as follows:

"...The State shall take the necessary measures to protect the young people from alcohol addiction and drug use, delinquency, gambling and similar bad habits and illiteracy." There-fore, Turkey recognizes the protection of the young people from threats like tobacco, alcohol, drug/volatile substance and gambling as the mission of the state.

The counter efforts against the illicit addictive substances are governed under the following the legislation.

•    Law No. 984 on the Stores Selling Toxic and Efficacious Substances Used by the Pharmaceutical Manufacturers and in the Artistic and Agricultural Works,

•    Law No. 1262 on Pharmaceuticals and Medical Preparations,

•    Law No. 2313 on the Control of Narcotic Drugs,

•    Law No. 2559 on the Functions and Powers of the Police,

•    Law No. 2803 on the Functions and Powers of the Gendarmerie Forces,

•    Law No. 2954 on Turkish Radio and Television Broadcasting,

•    Law No. 3201 on the National Police Agency,

•    Law No. 3298 on Narcotic Drugs, Regulation No. 88/12850 and the Cabinet Decree No. 87/11703,

•    Law No. 3984 on the Foundation and Broadcasting of Radio and Television Enterpri-ses,

•    Law No. 4207 on the Protection Against the Harmful Effects of Tobacco Products, Law No. 4926 on Anti-Smuggling,

•    Turkish Penal Code No. 5237,

•    Criminal Procedural Law No. 5271,

•    Law No. 5326 on Minor Offences,

•    Law No. 5402 on Probation, Help Centres and Protection Boards,

•    Law No. 5549 on the Prevention of Laundering of Proceeds of Crime,

•    Law No. 6197 on Pharmacists and Pharmacies,

•    Regulation on Probation, Help Centres and Protection Boards,

•    Regulation on Controlled Chemicals,

•    Regulation on Treatment Centres for Drug Addiction,

•    Regulation on Free Zones,

•    Regulation on Training for Improving Driver's Behaviour,

•    Communiqué on the Import Regime and Standardization in Foreign Trade,

•    Communiqué on the Training and Certification of the Personnel to be Employed in Drug Addiction Centres,

1.1.1. Control over Legal Opium Poppy and Cannabis Production

Production, trade and control of narcotic drugs in Turkey are executed within the framework of the national laws regulated in parallel to the 1961 Single Convention on Narcotic Drugs, the 1972 Protocol amending this Convention and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the decisions of the Economic and Social Coun-cil (EKOSOK) published every year.

Production, control, harvesting, utilization, destruction, purchasing, sales, export and import of opium poppy in Turkey are governed under the Law No. 3298 on Narcotic Drugs enacted in June 3, 1986 and the regulation enacted upon the approval of the Cabinet in April 18, 1988 with the num-ber 88/12850.

Opium poppy production is performed under a license obtained as per the Law No. 3298 on Narcotic Drugs and the related Regulation drafted in line with the international conventions and is based on controlled unincised capsule production. Directorate General for Turkish Grain Board (TMO) executes the matters related to the control of licensed opium poppy production on the lands identified by the Cabinet, production and purchasing of opium poppy capsule, raw and medical opi-um poppy and the manufacturing, domestic sales and export of the narcotic drugs as a product of the above, under the Cabinet Decree of April 13, 1987 and no. 87/11703.

The lands for opium poppy cultivation are identified each year on the basis of the 70.000 hec-tares of land as set by the United Nations (UN) for Turkey and the matters such as domestic requ-irement, export opportunities, existing level of stock and the capsule demand for the processing fa-cilities. Therefore, the supply and demand balance required for legal narcotic drugs are kept witho-ut causing any excessive stock.

There is legal opium poppy production and unincised capsule production in 13 provinces on the lands identified each year by the Cabinet, under the planning of the Directorate General for TMO and the control of the security forces.

Legal cannabis production in Turkey is governed under the Law No. 2313 on the Control of Narcotic Drugs. According to the law in question, cannabis production for fibre, seed, stem and similar uses is subject to the approval of the Ministry of Agriculture and Rural Affairs. The Ministry identifies and announces the lands for cannabis production for the mentioned uses and controls the actual production. Cannabis cultivation, which is not eligible for addictive substance production and which is exclusive for industrial use, is carried out under the licensing and supervision of the Ministry of Agriculture and Rural Affairs.

1.1.2. Legal Trade of Controlled Substances and Preparations

The import, manufacturing, export, purchasing, sales, domestic distribution, stock status and the overall legal trade including delivery to the users of the medical drugs, psychotropic substances and preparations are executed by the Directorate General for Medical Drugs and Pharmaceutics, Ministry of Health as per the 1961, 1971 and 1988 UN Conventions to which Turkey is a signatory party and the national legislation.

Turkey has included some of the psychotropic substances listed in the Annex to the UN 1971 Convention under the category drugs by referring to the provision in the UN 1961 and 1971 Con-ventions reading as "States may take more strict measures than those proposed in the Conventi-ons." Amphetamine and its certain derivatives which are increasingly used in the European Union (EU) countries and the other countries and are listed in the Annex to the 1971 Convention were included under the category of drugs in 1982 and the others (e.g. MDMA — 3.4 methylenedioxyme-tamphetamine- namely ecstasy) in 1996 as per article 19 of the Law No. 2313 (Official Journal of 1997). Furthermore, the substances and preparations besides the drugs and/or psychotropic subs-tances and the medical drugs of such content may as well be taken under control in cases where necessary for public health and safety reasons within the provisions of the international conventi-ons Turkey is a party to and such provisions that are given to the discretion of the country.

In addition to this, Turkey has launched the practice of special license certificate for the drugs and psychotropic substances traded in the Free Zones under the scope of the effective control me-asures.

1.1.3. Control of Chemicals/Narcotic Precursors Commonly Used or to be Potentially Used in the Manufacturing of Illicit Drugs and/or Psychotopic Substances

Directorate General for Medical Drugs and Pharmaceutics, Ministry of Health controls the le-gal trade and use of chemicals/narcotic precursors commonly used or to be potentially used in the manufacturing of illicit drugs and /or psychotropic substances (import, export, purchase, sales, and domestic stocks). There is coordination between the Ministry of Health, Interior Ministry, Turkish Na-tional Police and the General Command of the Gendarmerie for preventing illicit use of such subs-tances. These controls are performed as per the ratified 1988 United Nations Convention against II-licit Traffic in Narcotic Drugs and Psychotropic Substances and the related national legislation.

Article 7 of the Regulation on Controlled Chemicals stipulates for the identification of each and every distribution channel and the final user for the purpose of the domestic control of the chernical substances annexed to the regulation on manufacturing/import. The provision further stipulates for the identification of the parties using/trading the controlled chemicals involving multiple domestic sa-les phases with a view to prevent their abuse and diversion and to allow for appropriate controls.

Turkey is one of the first signatory parties to the UN 1988 Convention. Although Turkey ratifi-ed this Convention in February 1996, the provision of the convention on the control over the legal flow of the chemicals has been in place since 1994. Turkey has started the control over Acetic Anhy-drite, listed in the Annex to the 1988 Convention, in 1950's. Turkey is known to be the first country having a control over Acetic Anhydrite in the international platform.

Acetic Anhydrite and Potassium Permanganate listed in Table II annexed to the 1988 Con-vention have been taken under Table I, which stipulates for more strict control measures with the decision of the UN Commission on Narcotic Drugs in 2001. Turkey applies the same control measu-res for all the items under Table I and II annexed to the 1988 Convention.

Pre-Export Notification-PEN is sent for the substances included in both of the tables under the heading Substances Commonly Used in the Illicit Manufacturing of Drugs and Psychotropic Subs-tances between the European Community and the Turkish Republic published in the Official Jour-nal of April 27, 2004 and no. 25446 as per paragraph 10, article 12 of the UN 1988 Convention. Na-tional Focal Point of Turkey for the PEN system effective between the International Narcotics Con-trol Board (INCB) and the member countries is the Anti-Narcotics Division, Department for Anti-Smuggling and Organized Crime (KOM), Turkish National Police (TNP).

1.1.4. Probation

Probation service is a community-based practice which covers only the crime of abuse and aims to enable the social integration of the suspect, accused or the convict by way of supervising in the community rather than referring to a penitentiary institution. The system covers all kinds of ser-vices, programs and resources required for the social integration of the users. Therefore, the pe-nalty given to the drug user is suspended throughout the treatment measure. The penalty of the user taking advantage of this practice is abolished without being enforced in case the user is definitely identified not to use the drug again.

Probation services will serve to public security, help to prevent the harms given by drug ad-diction, alleviate the victims situation, prevent the repetition of crimes by the convicts, allow for the enforcement of the measure taken as an alternative to the penalties proposed for the relevant cri-me within the community and thus allow for the social integration of the convicts.

Probation service in Turkey has been launched upon the Law of July 20, 2005 and No. 5402 on "Probation, Help Centres and Protection Boards". With a view to fulfil the functions stipulated un-der the Law, Department of Probation and Help Services has been established under the Directo-rate General for Prisons and Detention Houses and Regional Probation and Help Center Units and Protection Boards have been structured in 133 areas where justice commissions are in place.

These 133 Regional Probation and Help Center Units have various functions throughout the phases of investigation, prosecution and post release. One of these functions is the enforcement of the provisions related to drug addiction stipulated under paragraphs (2), (3), (4) and (5) of the Tur-kish Penal Code (TPC) and sub-paragraph (e), paragraph 3, article 109 of the Criminal Procedural Law (CPL).

There is the wording "To Purchase, Accept or Possess Drugs or Stimulants for the purpose of Use" in article 191 of the TPC. The following are the paragraphs (2), (3), (4) and (5) of the law in qu-estion providing for an alternative to the accused of the drug-related crimes:

(2) The person using drugs or stimulants shall be sentenced with the treatment or probati-on measure.

(3) The person sentenced with the treatment or probation measure shall be obliged to fol-low the requirements of the treatment delivered in the designated institution and of the probation measure. An expert shall be assigned to guide the person sentenced with the probation measure. The expert shall inform the person on the effects and consequen-ces of drug or stimulant use throughout the term of the measure and shall advise and guide the person for raising his/her awareness. The expert shall develop quarterly reports on the progress and behaviours of the person and present the report to the judge.

(4) The probation measure effective during the treatment shall continue for a period of one year following the date of termination of the treatment. Probation measure may be deci-ded to be extended. However, the probation measure shall not exceed three years.

(5) The penalty sentenced on the grounds of purchasing, accepting or possessing drugs or stimulants for the purpose of use to the person using the said drugs or stimulants shall be enforced in case the person in question acts contrary to the requirements of the tre-atment and the probation measure. In case the person resorts to effective remorse, it shall be proceeded with the case and a penalty shall be sentenced.

Probation practice, initiated under article 191 of TPC, acts upon the understanding of consi-dering drug addiction as a kind of disease. The expenditures incurring as a result of the examinati-on and treatment for drug addiction are covered from the relevant social security scheme of the ad-dict, whereas the expenditures of those referred to by the court warrant and not covered by any so-cial security scheme are borne by the Ministry of Health.

Sub-paragraph (e), paragraph three, article 109 of CPL reads as follows: "To be subject to and accept the treatment and examination measure including hospitalization for the purpose of recovery from drug, stimulant or volatile substance and alcohol addiction".

Probation services are playing an active role in the field of drug addiction and treatment for ensuring social integration of the convicts under the scope of the relevant laws. The institutions in charge of drug addiction treatment are being cooperative and are assisting the drug addicts in the-ir social adaptation and guiding them in starting a new life. Furthermore, training is provided to the probation officers on drug addiction. In this respect, 393 probation officers have received advanced training on drug addiction.

1.1.5. Health Care Services in the Penitentiary Institutions

Health care services in the penitentiary institutions are governed under articles 71, 78, 79, 80, 81 and 82 of the Law No. 5275 on the Enforcement of Penalty Sentences and Security Measures and articles 94, 111, 112, 113, 114, 115,116, 117,118, 120, 164, 168, 169 and 178 of the By-law on the Management of Penitentiary Institutions and the Enforcement of Penalty Sentences and Secu-rity Measures.

As per the provisions of the legislation in question, all the convicts and prisoners in the peni-tentiary institutions including the drug addicts have the right to examination and treatment. The prerequisites for examination and treatment are the medical grounds and the demand of the related person. However, upon the provisions of paragraphs two and three, article 82 of the Law No. 5275 reading as "... in case the health condition of the convict rejecting any examination and treatment is endangering either the convict's health and life or the others in the penitentiary institution...", the convict shall be treated without his/her consent in exceptional cases where required.

The officers, convicts and prisoners bringing in or attempting to bring in drugs or stimulants to the penitentiary institutions shall be sentenced to an imprisonment of 2 to 5 years as per article 297 of the new TPC no. 5237.

The qualified personnel of the penitentiary institutions are searching each and every person (including the personnel) and goods and foodstuff by way of X-Ray devices and similar equipment with a view to prevent access and use of drugs in these institutions.

1.1.6. Money Laundering

An amendment is made to the crime of money laundering in Turkey with the new TPC enac-ted on June 1, 2005 and the term dirty money is replaced with the "value of assets derived from the proceeds of crime" and the term money laundering with "crime of laundering". In parallel to this amendment, law no. 4208 is revised and the Law No. 5549 on "Prevention of Laundering of Proce-eds of Crime" is enacted on October 18, 2006. Following the amendment, Financial Crimes Inves-tigation-Board (MASAK) is restructured under the body of the Ministry of Finance. The amendment aims to establish a comprehensive database for fast and secure data flow, to analyse and assess the data in a fast and accurate manner and thus to finalise the financial inquiry component of the in-vestigations in the shortest extent possible. The Board carries out activities for the prevention of mo-ney laundering, examines the matters referred to by the Public Prosecutors and the security autho-rities acting in the name of the Public Prosecutors and the findings of these authorities with regards the identification of the crime of money laundering.

Furthermore, there is an ongoing EU Twinning Project on money laundering between the De-partment of Anti-Smuggling and Organized Crime, Turkish National Police and the German Autho-rities.

1.2. Institutional Organization, Strategies and Policies

The Turkish agencies combating against the trafficking of illicit addictive substances are the Turkish National Police under the Interior Ministry, General Command of the Gendarmerie, Coast Guard Command and the Undersecretariate for Customs under the Office of the Prime Ministry. Furthermore, Department for Anti-Trafficking Intelligence and Data Gathering (KIHBI) working un-der the Interior Ministry, Ministry of Justice, Ministry of Health, Ministry of Agriculture and Rural Af-fairs and the Foreign Ministry continuously support the counter efforts.

Ministry of Agriculture and Rural Affairs and the Directorate General for Turkish Grain Board are in charge of legal production; Directorate General for Medical Drugs and Pharmaceutics, Mi-nistry of Health is in charge of the supervision of controlled chemicals and psychotropic substances; Tobacco and Alcohol Market Supervisory Board (TAPDK) is in charge of the production and control of tobacco and alcohol products; Directorate General for Treatment Services, Ministry of Health, De-partment of Probation and Health Services, Directorate General for Prisons and Detention Houses, Ministry of Justice and the University Hospitals are in charge of the treatment services; and Ministry of National Education, Directorate General for Youth and Sports, Directorate General for Social Ser-vices and Child Protection Agency, Directorate General for Primary Health Care Sen/ices, Ministry of Health, security agencies under the Interior Ministry, Turkish Radio and Television Broadcasting Authority (TRT), Supreme Radio and Television Board (RTÜK) are in charge of the preventive me-asures. Besides, non-governmental organizations, municipalities and universities also conduct pre-ventive activities in the field of drug use.

As combating for crimes is concerned in Turkey, the police has jurisdiction in the provincial and district centres; the Gendarmerie Forces in certain district centres where there is no police or-ganization and the rural areas; Coast Guard Command in the territorial waters of Turkey and the Undersecretariate for Customs in the border crossings and customs zones.

There is fast and secure transfer of data, audio and visual files through the intranet network between the central and regional units of the police agency. Furthermore, the provincial units have access to the archives of the central unit by way of this computer network. Therefore, the policing data on the supply of drugs in Turkey is accessible in a comprehensive and fast manner.

The above mentioned agencies (Turkish National Police, General Command of the Gendar-merie, Undersecretariate for Customs, Coast Guard Command) carry out their activities within the scope of their function and jurisdiction in the field of supply reduction and combat against trafficking in illicit addictive substances. Data on drug seizures are sent to the Turkish Monitoring Center for Drugs and Drug Addiction (TUBIM), later the data is compiled and assessed and notified to Euro-pean Monitoring Center for Drugs and Drug Addiction (EMCDDA), United Nations Office on Drugs and Crime (UNODC), International Criminal Police Organization (INTERPOL) and other similar in-ternational organizations.

The broadcasting enterprises are playing an important role in the fight against the addictive substances. Radio and television broadcasting is a challenging sector for bringing strict rules and principles. However, in practice almost all broadcasting enterprises have rules, principles and pro-cedures in place. For instance, article 14 of the Law No. 3984 on the Foundation and Broadcasting of Radio and Television Enterprises reads as "the audience shall either directly or indirectly be war-ned about the harmful effects of tobacco and alcohol use, drugs, gambling and similar bad habits and a minimum 90 minutes of a program shall be broadcasted monthly for warning and educating the public on these matters." According to article four of the Law No. 4207 on the Protection Aga-inst the Harmful Effects of Tobacco Products; due attention shall be paid on the content of such programs to avoid encouraging people for use, the programmes shall demonstrate the diseases and the social problems from which the users are suffering rather than actually describing the substan-ce and experts in their fields shall be hosted to the programs on drug addiction. Supreme Radio and Television Board supervises the programmes broadcasted by such enterprises, enforces the rele-vant articles of the legislation and decides for the substitute programmes

1.2.1. International Cooperation

Turkey believes in the fact that drug-related crimes are the concern of all nations and that no country in the world can turn face against this problem and thus shapes her policies with this un-derlying approach. In this respect, despite of not being a target country in terms of drug use, Tur-key plays a significant role in the fight against illicit drugs trafficking and contributes to regional and international cooperation.

Turkey has active cooperation with the following International Organizations in the field of illi-cit drugs trafficking.

Turkey has ongoing effective relations with the organizations under the United Nations such as the European Monitoring Center forbrugs and Drug Addiction (EMCDDA), United Nations Offi-ce on Drugs and Crime (UNODC), WorÎd Customs Organization (WCO) Customs Enforcement Net-work (CEN) and Regional Intelligence Liason Office (RILO), Center for International Crime Preven-tion, Commission on Narcotic Drugs (CND), Subcommission on Illicit Drug Traffic and Related Mat-ters in the Near and Middle East (OYUTAK), Heads of National Drug Law Enforcement Agencies (HONLEA) and Commission on Crime Prevention and Criminal Justice (CCPCJ) and the Council of Europe, Organization of the Black Sea Economic Cooperation (BSCE), Economic Cooperation Organization (ECO), South East European Cooperative Initiative (SECI), Interpol, International Nar-cotics Control Board (INCB), POMPIDOU Group, International Drug Enforcement Conference (IDEC) and EUROPOL as well.

Besides these international organizations, Turkey has concluded Security and Cooperation Agreements with a total of 68 countries.

Turkey has been hosting various international meetings in the field of combating against drugs and attending several meetings for contributions and share of information and experiences. For ins-tance, Turkey has been supporting international cooperation by attending to several international meetings such as Heads of National Focal Points by EMCDDA, Reitox Board Members meeting, UNODC meetings, Paris Pact and CND meetings.

1.2.1.1. Liaison Officers

1.2.1.1.1. Foreign Liaison Officers Assigned to Turkey

The liaison officers of the below mentioned countries work in Turkey: United States of Ameri-ca (USA), Germany, Denmark, UK, Italy, Spain, France, Holland, Israel, Austria, Bulgaria, Albania, Hungary, Chine, Ukraine, Belgium, Romania, Saudi Arabia, Iran and Greece.

1.2.1.1.2. Turkish Liaison Officers Assigned Abroad

Turkey has liaison officers in Germany, Holland, Denmark, UK and Uzbekistan. Before$EC1, Customs Authorities have single position for liaison officers and Law Enforcement Authorities have also single position for liaison officers. Customs liaison officer is in charge, whereas the law enfor-cement liaison officer position is empty, and new assignment is awaited. Furthermore Turkey plans to increase the number of Turkish liaison officers working abroad.

1.2.2. National Plan and Strategies

Before the National Focal Point is established in Turkey two different boards namely "Supre-me Committee for Drug Addiction Prevention Monitoring and Control" and "Sub-Committee for Drug Addiction Prevention Monitoring and Control", were established through the recommendation of the National Security Council of 26 April 1997 and No 393 and with the decision of the Council of Mi-nisters of 25 July 1997 and No 97/9700. Representatives from 18 institutions and agencies were ap-pointed to the committees in question to carry out activities for fighting against the use of and ad-diction to drugs and to define and coordinate necessary measures to be taken.

In line with the harmonization process Turkey applied to the EMCDDA in 2000. The role of the EMCDDA is to provide, analyze and use objective, reliable and comparable information on drugs and drug addiction in the fight against drugs phenomenon.

In line with the efforts and studies carried out until that year Family Research Institute was nominated as the focal point of Turkey. However to accelerate the membership activities the Ministry of Foreign Affairs recommended TADOC, (Turkish International Academy Against Drugs and Orga-nized Crime) as the National Focal Point for EMCDDA, as this unit forms an ideal platform in terms of technical facilities and personnel and other conditions under the Department of Anti Trafficking and Organized Crimes. The Prime Ministry of Turkey evaluated the recommendation of the Ministry of Foreign Affairs and decided on 16 May 2002 that TADOC would be notified to the EMCDDA as the Focal Point of Turkey so as to continue with the membership activities uninterruptedly.

Agreement concerning the participation of the Republic of Turkey in the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) will be initiated on 26 August 2004 and ratified by the European Parliament on 10 — 11 October 2006.

Between 2002 and 2006 EU Twinning Project for the Establishment of Drugs and Drugs Ad-diction Monitoring Center and Development and Implementation of the National Strategy for Drugs was carried out within the framework of Financial Cooperation in line with the EU membership pro-cess.

Turkish Monitoring Centre for Drugs and Drug Addiction (TUBIM) was established and initia-ted its activities in 2004 under the auspices of TADOC to carry out projects in the fields of drugs and drug addiction in a longer term under a single umbrella, to ensure and maintain coordination and in-formation exchange among other related institutions and/or organizations, and provide the continu-ity of bflateral relations with the EMCDDA.

The other significant output of the EU Twinning Project is the national drugs strategy paper. Turkey prepared its national strategy for the struggle against drugs in 1997. This first strategy which was entered into force by the decision of Council of Ministers, focused mainly on addiction. There-fore there was a need to prepare a comprehensive strategy for Turkey.

Parallel to these developments National Policy and Strategy for Struggle Against Drugs and Drug Addiction was prepared. The Strategy covering the period between 2006 and 2012 was sig-ned by the Prime Minister and enforced on 20 November 2006.

Since the cooperation among the related institutions in different fields is of utmost importance in the fight against drugs, Institutional Focal Points comprised of members from the institutions in question were established to ensure direct communication and cooperation. Each institutional focal point is represented by two members and they are still cooperating actively with TUBIM.

A similar structure was established under the body of the Turkish National Police. The "Enfor-cement and Liaison Unit for Fight Against Substance Use" (Provincial Focal Point) was established under the structure of Narcotics Units of 81 Provincial Divisions of Anti-Smuggling and Organized Crime, affiliated to the Turkish National Police.

Train the Trainers Program for the Fight Against Substance Use was provided to 171 person-nel assigned in the provincial divisions with the coordination of the Department of Anti-Trafficking and Organized Crime, Ministry of Interior. The said personnel organize training activities for the tar-get groups in the context of drug use.

To prevent tobacco vogue and the increase in cigarette smoking "National Tobacco Control Program" was prepared by the Ministry of Health and relevant institutions, since smoking is a signi-ficant threat to health throughout the country. The main objective of the Program is to increase the ratio of the non-smokers over the age of 15 to 80°/o, below the age of 15 to around 100'3/0 until 2010.

In the first half of 2007 the document comprised of 8 chapters is planned to be completed. In the conclusion part of the document it is envisaged that an evaluation report be submitted to the Co-uncil of Europe in September 2008 concerning the activities undertaken in the short run (until the second half of 2008).

The Document in question specifies the activities to be carried out in the short, medium and long terms on the basis of vulnerable groups of the society (unemployed, disabled, addicts, women, children, elderly etc) concerning employment, income distribution, poverty, education, accommoda-tion, health and transportation policies, social security system including the retirement schemes, so-cial services and social assistance policies, current situation, challenges, applicable policies and institutional structures.

1.2.2.1. Policy and Strategy Practice

1.2.2.1.1. Demand Reduction Activities

Being a bridge between Asian and European Continents Turkey has a unique geographical position. Therefore Turkey suffers from use, smuggling and production of nearly every kind of drugs.

Turkey mainly undergoes the adverse effects of Balkan Route in drugs smuggling. Turkey is under the effect of Southwest Asia origin opium and opiates (opium, morphine base and heroin), West and East Europe origin synthetic drugs and precursor chemicals, South America origin cocai-ne and sometimes Southwest Asia origin hashish.

Turkey seized 13720 kg hashish, 8172 kg heroin, 81 kg cocaine, 6404923 captagon tablets and 1748799 ecstasy tablets in 7516 cases in 2005 as a consequence of successful fight against drugs smuggling in the region.

Within the framework of international cooperation and in line with the national policies many joint operations were concluded against the drugs smuggling organizations in Turkey. Bilateral and multilateral operational working groups were established in this respect.

The working groups stated above formulated the infrastructure necessary for the regional ope-rations against the threat of drugs, and mutual information exchange was done.

Turkey concluded national and international planned and projected operations in 2005 to iden-tify the organizational chart of the criminal organization, way of packaging of drugs, cache methods, courier profiles of the criminal organizations, their modus operandi and origin, route and destination of the drugs; to arrest all the suspects of the criminal organization with the evidences; to proceed with the legal prosecution of the case, and to dismantle the criminal organization by revealing the organic structure and field of operation of the drugs smuggling organizations, profiles of the mem-bers to the organizations and their contact points in other countries, their relations within the orga-nization and with other criminal organizations and by deciphering their way of communication and money transfer methods.

The following operations are some of the examples of coordinated and planned operations concluded in 2005 jointly with relevant law enforcement agencies of Germany, USA, Bulgaria, Hol-land, Spain and Saudi Arabia to decipher the drugs smuggling organizations active in the jurisdicti-on of different provinces of the abovementioned countries: Oberon, Speed, Medical, Border, Bull, Taurus, Surveillance and Veldsla operations.

Furthermore Turkey hosts many international meetings on the fight against drugs smuggling so as to increase and improve international cooperation.

For instance under the auspices of Paris Pact a round table meeting concerning the combat against the growing threat of smuggling of opium and opiates was held on 3-4 October 2005 in Tur-
key with the participation of South eastern European countries.

Turkey does not only fight against international drugs smuggling, but also combats with stre-et dealers/users targeting the domestic market. Particularly as from the last quarter of 2005 Turkey gave special attention to projected operations against street dealers/users.

As a result of 27 separate projects concluded by the Turkish law enforcement officers against street dealers/users in 2005 a total of 581 suspects were arrested. 308 suspects were street dea-lers and 273 were drug users.

1.2.2.1.1.1. Controlled Delivery Operations

Drugs smuggling organizations make international cooperation, since the organizations gain huge amount of criminal proceeds from drugs. The criminal organizations producing/manufacturing, transferring and distributing the drugs make cooperation. In this respect the controlled delivery met-hod is a significant law enforcement tool that enables the law enforcement agencies of different co-untries to follow the drugs from the source country to the destination country.

Turkish legislation was amended in 1997 to allow controlled delivery operations. Between 1997 and 2005 a total of 99 national and international controlled delivery operations were carried out. As a result of theses operations 1226 kg heroin, 897 kg hashish, 61 kg cocaine, 53 kg opium, 14 ton acetic anhydrite was seized. In the controlled delivery operations Turkey worked mainly with the USA, Germany, Austria, Bulgaria, France, Holland, UK, Italy, Canada, Macedonia, Romania, Russia and Greece.

1.2.2.1.2. Demand Reduction Activities

Besides supply reduction activities, demand reduction activities are carried out actively. -

Under the coordination of TUBIM, Train the Trainers Program for the Fight Against Substan-ce Use" is provided to the personnel assigned in the provincial divisions.

The Provincial Focal Points are comprised of expert personnel of the Turkish National Police who received the above stated training. These experts with the support of the experts working in the Provincial Directorates of National Education and Health organize conferences, panels, etc for stu-dents and teachers at high schools and parents of the students, personnel of the Prisons and De-tention Houses, non governmental organizations and for other audiences upon request in the field of drug use and addiction.

Ministry of National Education, General Directorate of Special Education, Guidance and Co-unselling Services provides guidance and psychological counselling services. These Services are given by psychological counsellors /psychologists at schools and by Counselling and Research Centres in the provinces and districts.
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The activities aiming to protect children and adolescents from various risks rendered by the Ministry of National Education are followed and evaluated within the scope of a critical and emer-gency action plan. Furthermore a training module "Embrace the Life" for the children between the ages 10 and 14 which is comprised of 3 teacher modules, 3 family modules and 11 student modu-les was prepared and started to be used in September 2006. The program aims to furnish the tar-get population with bio-psycho-social integral skills.

TUBIM organized awareness programs on drug use and drug addiction in summer camps for the youth and coach training seminars throughout the country in coordination with the General Di-rectorate of Youth and Sport. TUBIM still carries on these awareness programs. Another activity be-ing carried out with the coordination of General Directorate of Youth and Sport is the training prog-ram on the prevention of drug use. The trainees of the Coach Raising Courses are provided with this training program.

The training program mentioned above aims at awareness-raising for the coaches. During the training program the coach trainees learn how to prevent young individuals from doping substances and drugs, and they participate in demand reduction activities.

The Red Crescent Volunteer leaders who will work in Red Crescent Youth Camps have been subjected to leadership training. And they have been provided with training on "Prevention of Drug Use and Drug Addiction".

Moreover Head of the Department of Religious Affairs have organized 67 panels, conferences and TV and radio programs in 2005. Six of these activities were on drugs and substance addiction, 21 of them were related to harmful habits and 40 of them were on smoking and alcohol.

Ministry of Health, General Directorate of Basic Health Services has published leaflets on substance addiction for raising awareness of the families. These leaflets have been distributed by the Provincial Health Directorates during the awareness activities in the fight against drugs.

The first National Addiction Congress was organized in 2004 in Antalya by Ankara AMATEM (Research, Treatment and Training Center for Alcohol and Drug Addiction). The second congress was organized in 2005 in Mugla by Istanbul AMATEM.

Besides these activities, Non-governmental Organizations, Municipalities and youth and wo-men branches of the Political Parties carry on organizing drug reduction seminars and joint preven-tion activities.

1.2.2.2. Training Activities

1.2.2.2.1. Turkish International Academy Against Drugs and Organized Crime (TADOC) and its Activities

Turkey displayed a considerable success in the prevention of drugs smuggling especially af-ter 90's. Within this framework new legal amendments have been made and operational institutions have been established for the fight against drugs smuggling, money laundering and organized cri-mes. These structural amendments will only lead to positive and successful results through profes-sional officers specialized in specific fields. Therefore training activities have been given utmost importance.

Turkey in every occasion tries to share its information and experience accumulation in the fi-eld of training with the other countries in the region. Thus Turkey supports every single initiative ser-ving for sound and continuous regional training activities.

As a result, on 26 June 2000 the Turkish Government in partnership with the UNODC estab-lished the Turkish International Academy Against Drugs and Organized Crime (TADOC) at Ankara in order to render training services on fight against drugs smuggling and organized crimes. TADOC operates under the body of KOM affiliated to the Turkish National Police.

As of September 2000 trainings have been given to the law enforcement officers of Balkan co-untries, the countries signed bilateral cooperation agreements with Turkey and the countries being a member to ECO and Black Sea Economic Cooperation Organization on illicit production, use and smuggling of drugs and organized crimes.

In addition to the law enforcement officers of Turkish National Police, the officers of the other law enforcement agencies fight against drugs smuggling organized crimes such as Gendarmerie Forces, Coast Guard Command and Undersecretariate of Customs benefit from TADOC training programs.

Within the framework of training programs a total of 130 training activities have been organized between the establishment of TUBIM and 2005. The breakdown of these trainings are as fol-lows: 68 international specialization programs 26 of which were regional, 14 workshops, 2 programs for international students of the National Police Academy, 68 national specialization programs, 25 seminars and 4 conferences.

Mobile Training Teams have been created in TADOC to render national and international trai-ning services in specific fields and the teams in question are still working.
In Turkey 10 (ten) Computer Based Training Centres have been established. The headquar-ters of these Centres is at TADOC. The rest of the centres are located at Adana, Antalya, Diyarba-kir, Edirne, Erzurum, Istanbul, Izmir, Samsun and Van.

1.3. Budget and Public Expenditure

Turkey does not allocate a specific budget for the fight against drugs. The relevant institutions and agencies cover their expenditures from their general budget allocated to their institution and agency.

National Agency affiliated to the Prime Ministry; State Planning Organization supports projects concerning fight against drugs via EU Training and Youth Programs, Socrates, Leonardo da Vinci and Yopth Program that mainly focus on young individuals.

1.4. Social and Cultural Context

Turkish society not only follows the law enforcement operations against the supply of illicit drugs with enthusiasm, but also is cautious and discouraged to use illicit drugs. Therefore Turkish citizens are in full cooperation with the law enforcement officers against drugs smugglers. The num-ber of the denunciations made to the security forces is considerably high. The Turkish society is very sensitive about this problem.

The old and deep rooted Turkish traditions in family culture deem alcohol and addictive subs-tance as factors damaging the social peace and displace these factors from the society. Turkish so-ciety strictly reprimands and reproaches the drug smugglers. Although the Turkish people have a strict attitude towards the drug users, they are always ready to welcome the addicts who want to be treated.

As the use of synthetic drugs has been increased in Turkey in recent years, Turkish people ha-ve focused on drugs and addictive substances. The news published and broadcasted on the press and the media concerning the drug use in schools cause excessive susceptibility in the society.

Last Updated on Friday, 01 April 2011 09:41
 

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