Disciplinary Prison Sentence Given to Social Service Specialist for Doing His Duty Denounced

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After social service specialist Onur Uçar was sentenced to prison for fulfilling his duty in court, the Association of Social Service Specialists has released a statement and denounced the disciplinary prison sentence given to Uçar.

Expressing the opinion that the child subjected to sexual abuse should not be heard by the court while the defendant was also present, social service specialist Uçar was given a four-day disciplinary prison sentence for disturbing the discipline of the hearing. Upon Uçar's objection, the judgement has been reversed by the court, which has found it "contrary to law."

Releasing a statement "Doing what the duty requires is not a crime," the Association of Social Service Specialists has underlined that "it is obligatory for everyone to abide by the principles of law pertaining to children."

"We demand an investigation"

In its statement, the association has also emphasized that protecting the rights of children is within the scope of social service specialists' duties and responsibilities and, therefore, a specialist who fulfills his or her duty in court cannot be punished for that reason:

"The specialists assigned by the court are not present in court solely in appearance, but it is also a requirement of their duties to warn the court so that the necessary precautions which would minimize the harm that could be inflicted on the child could be taken."

The association has also made a call to all relevant authorities, including the Council of Judges and Prosecutors (HSK), the Justice Commission of the Grand National Assembly of Turkey (TBMM) and Ministry of Justice and demanded that an investigation be launched into the incident.

"An international authority granted to our profession"

Speaking to bianet, Hülya Bilgin, the Chair of Association's branch in İzmir, has stated that social service specialists are commissioned personnel of courthouses as well as their professional members as public officers.

Referring to the international authority granted to the profession of social service specialists, Bilgin has further stated, "Being the voice and defender of children, elderly and disadvantaged people is our professional mission. Mr. Judge said, 'You don't have the right to speak.' That right is not granted to us by him or by the law of Turkey. It is an international authority granted to our profession. We use our professional authority."

What happened?

On February 12, 2019, during the hearing of Ş.M., a child with mental disabilities who was subjected to sexual abuse, the board of the İzmir 13th Penal Court of First Instance requested a social service specialist so that the child could be heard in the hearing.

Meeting Ş.M. before the hearing, Onur Uçar, the appointed social service specialist, had the conviction that the child was highly influenced by the incident and expressed the opinion that a closed hearing should be held and the child should not be heard in the presence of the defendant and his family.

In response, the judge stated that "the duty of the specialist is not expressing opinions" and ruled that Onur Uçar should be sentenced to 4 days in prison as a disciplinary punishment for allegedly "having disturbed the discipline and order of the hearing and made it impossible to hold the hearing."

The verdict of the judge has been reversed by the İzmir 7th Heavy Penal Court upon Uçar's objection. (AÖ/SD)