Sentencing mentally disordered offenders
This PhD dissertation focuses on the comparative analysis of the regulations and practices concerning the sentencing of mentally disordered offenders in Türkiye, England and Wales, and the Netherlands, while also assessing these regulations against the framework of the European Convention on Human Rights (ECHR). The research is scientifically relevant as it not only highlights the distinctive legal approaches across different jurisdictions but also aims to enhance understanding of the Turkish criminal justice system, which is less known internationally. The research is societally relevant as it leads to recommendations for aligning legislation and practices regarding the sentencing of mentally disordered offenders with the ECHR-framework in all countries, which is especially helpful in this developing area in Türkiye.
As an analytical framework of this dissertation, an ECHR test is developed specifically for sentencing mentally disordered offenders, outlining the rights and obligations that are set out in the ECHR and the ECtHR case law. This framework can also be utilised to assess the compliance of other criminal justice systems to achieve the highest possible level of protection of fundamental human rights for mentally disordered offenders.
The dissertation further commences with the comparison of the legal and practical consequences of being a mentally disordered offender in Türkiye, England and Wales, and the Netherlands. It highlights key differences arising from their distinct legal traditions — civil law in Türkiye and the Netherlands versus common law in England and Wales. It is found that each system employs a distinct approach to the detention, care, and sentencing of mentally disordered offenders.
The dissertation, subsequently, evaluates how well the three criminal justice systems adhere to the ECHR test, mainly limited to sentencing frameworks that are specifically intended for mentally disordered offenders. Consequently, the dissertation concludes with several recommendations aimed at enhancing the compliance of these systems with ECHR standards, also using insights and examples from the comparison between the three criminal justice system.