1. GENERAL INFORMATION
A- Authority, Duty and Responsibilities
In our country, Workshops Institution was established with the Law no.4301 with a view to teaching profession to the convicts in penal institutions or protecting their existing professions. According the Law, the concept of “workshop” expresses facilities, ateliers and similar units established within penal institutions and detention houses in order to market economic values produced by protecting and developing the professions and arts of convicts and detainees.
A.2. Aim of Workshops
The main aim of the workshops studies conducted in our penal institutions is to protect and develop the professions and arts of the convicts and detainees and to ensure that convicts and detainees who do not have profession learn arts and profession.
The aim of the workshops explained above needs to be evaluated in the scope of the aim of our penal institutions. In this scope, the aim of our criminal justice system is to reintegrate the convicts into the society. So as to achieve this aim, the reason of the commission of crime by convicts is determined and psycho-social activities and training studies are conducted to eliminate this reason.
As part of psycho-social studies conducted in penal institutions, “first interviews” are made with convicts during their first entry into the institution, at the end of these interviews the needs of the convict in the psycho-social field are met.
Psycho-social activities for the needs of convicts are conducted in the form of “individual interviews” and “group studies”, programmes such as anger management, drug addiction are implemented.
These programmes and studies are structured differently for children and adults and they are applied separately. Training studies are conducted in penal institutions within the scope of general training and vocational training.
Basic training studies are given in each field ranging from reading-writing training to undergraduate and graduate training. These trainings continue in closed penal institutions by means of distance learning and by means of distance or formal training in open penal institutions.
A part of training studies is comprised of activities of “vocational training”. “Vocational evaluations” are made by considering the trainings convicts received before, their individual talents and demands, employment chances in the places they will live after their release so as to ensure that convicts find job after their release from penal institutions or set up their own business. Within the scope of these evaluations, convicts are channeled to vocational courses. Vocational courses continuing in penal institutions are conducted by the Public Education Directorates of the Ministry of National Education and Turkish Employment Agency.
Convicts transform the theoretical training provided to themselves into practice by working in workshops, they increase their professional experience by personally practicing the profession, again they develop their skills such as group work, communication, time management thanks to working in workshops.
Within this general table explained briefly, workshops is an important institution which has no commercial purpose, which aims to increase the professional experiences of convicts and prepares convicts to the period after their release from penal institution.
Workshops continue its activities in the ateliers which are continuously renovated and where high technology machines are available, continuous training is given during work by expert persons, it is ensured that convicts learn public and private sector working methods with cooperation made with private sector and the protocols made with public institutions.
A.3. Historical Process
Our unit which now continues to perform its activities under the name of Workshops Institution began its activity with the Law no.1721 on Administration of Prisons and and Remand Houses dated 14.06.1930 in the period of Republic and with the phrase of “upon it is necessitated by the Ministry of Justice, allocation shall be made with an adequate amount for establishment of workshops in prisons to the budget”, the foundations of the workshops were laid.
With the Law no.4358 on the Organisation and Duties of Prisons and Detention Houses dated 13.01.1943, it was determined that prisons which were established on work basis shall have legal entity. Various exceptions and immunities were introduced so as to ensure that such prisons would be able to produce comfortably in work branches such as construction, industry, agriculture etc.
In order to subject administration, operation and accounting of workshops which were established to ensure work and working which is the leading method used for the treatment of convicts and their re-integration to society to specific rules and conduct accounts and procedures within specific principles, firstly “Bylaw on the Purchase and Sale Procedures of Work Basis Operating with Working Capital” was prepared and entered into force in 1951. This By-Law was prepared pursuant to the provision of the Article 9 of the Law no: 4358 on the Organisation of Duties of General Directorate of Prisons and Detention Houses which reads as “the accounting procedures belonging to working capital of prisons, reformatories and workshops which have legal entity shall be collectively detected by the Ministries of Justice and Finance. With the entry into force of “Account By-Law”, the foundations of procedures and methods used today with regard to the account procedures and transactions governing workshops were laid.
PENAL INSTITUTIONS AND DETENTION HOUSES WORKSHOPS INSTITUTION
Some amendments were made in the bylaw specified below on various dates within the intervening period and this bylaw continued to be implemented. Within the scope of the legislation whose name was changed as “Penal Institutions Workshops Circulating Capital Regulation” with the comprehensive amendments made in 1980, it performed its activities under the name of Circulating Capital Bookkeeping.
Our unit which was established as General Directorate of Enterprises and Workshops and which conducted its activities with the Statutory Decree dated 10.09.1993 and numbered 524 was dissolved as a result of the abolition of the empowering act which is the basis of the Statutory Decree with the decision of the Constitutional Court dated 29.07.1994 and numbered 22005 and it continued its activities under the name of Circulating Capital Bookkeeping again.
Workshops Institution was established as an institution affiliated to the Ministry of Justice with the Law no.4301 dated 06.08.1997. With this Law, High Board, Department and establishment, organisation, administration and working procedures of workshops were determined.
The Institution was regulated by private law and structured as a private-budgeted public administration with a legal entity.
2- What is Workshops Institution?
Workshops Institution which was established with the Law no.4301 is an institution affiliated to the Ministry of Justice. Its organs are High Board, Head of Department and Workshops. The aim, status, organisation style and duties were explained in the Establishment Law.
The Law no 4301 on the Establishment and Administration of Workshops Institution states that Workshops Institution is an affiliated institution.
The concept of “Affiliation Institution” was explained in Article 10 of the Law no.3046 on the Establishment and Duty Principles of Ministries. According to this Law, affiliated institutions are institutions “established by private law with a private budget so as to conduct main services falling in to the duty and service area”.
Workshops Institution, since its establishment in 1997, performs its activities as a public administration “which was established to conduct a specific public service as affiliated to the Ministry of Justice, from which revenue is appropriated and spending power is given from this revenue, whose establishment and working principles are regulated by private law”.
The aim of its establishment was explained in Article 1 of the Law no. 4301 as follows: “Penal Institutions and Detention Houses Workshops Institution was established in order to open up workshops and regulate and manage their all fiscal and administrative affairs in a centralised manner with a view to protecting and developing professions and arts of convicts and detainees or ensuring them to work for learning a profession and arts.”
The concept of “workshops” specified in the aim of its establishment was described in Article 6 of the Law no.4301 as follows: “workshops are facilities, ateliers and similar units established within penal institutions and detention houses so as to protect and develop the professions and arts of convicts and detainees or teach them a profession and art, to market the economic values produced by this way.”
Article 17 of the Law no. 4301 on the Establishment and Administration of Penal Institutions and Detention Houses Workshops Institution stipulates that “the concepts of active prisons and detention centres with circulated capital” and “penal institutions and detention centres ateliers” laid down in the laws shall be changed as “Workshops Institution and workshops”.
Source of funds of Workshops Institution was listed in Article 7 of the Law no.4301. These are as follows:
a) Revenues and profits obtained from workshops activities,
b) Charges collected according to Article 1 of the Law no.2548, dated 30.06.1934 and subsistence fees,
c) Funds to be appropriated to the budget of Ministry of Justice so as to transfer to the Workshops Institution in the amount corresponding to 35% of the estimated amount of the relevant year budget income of judicial and notary fees taken according to tariffs no. (1), (2) and (3) based on the Act of Fees no. 492,
d) Revenues earned from the sale of objects and vehicles disabled while being registered in inventory stock of penal institutions and detention houses and workshops, and from the sale of food and bread residues,
e) Donations and aids,
f) Interest incomes and other incomes.
Spending may be made, within the amounts and principles determined by the High Board of Workshops Institution, from the budget of Workshops Institution for the purchase, maintenance, reparation, operating of any kind of tiling, inventory, machine, equipment, land, air and sea vehicles and all other expenditures, and for purchase, construction, reparation, inventory, equipment and other needs. Nonexpendable parts are transferred to the budget of the following year. However, the amount to be allocated for the needs of penal institutions and detention houses shall not be less than 90% of the main incomes of workshops.
In the regulation introduced with the Law no.5018 on the Public Financial Management and Control, it was reiterated that Workshops Institution is a private-budgeted public administration within the scope of central management.
3- Judicial Decisions ;
The decisions rendered and finalised by judicial authorities in the face of various disputes arising from the functioning and duties of our Institution;
1-The fact that where the opposing party is a public institution in civil cases, the disputes shall be resolved by arbitration according to the Law no.3533 has gained stability with the decisions of courts and Court of Cassation.
2-It was accepted with the decisions of courts and Court of Cassation that as long as allocation is not abolished by the Ministry of Finance from the public lands allocated to Ministry of Justice and our Institution, no claim shall be made under the name of rent ot adequate pay.
3- It was accepted with the decisions of courts and Court of Cassation that short term premium should be paid for convicts and detainees employed in a work branch of the institution inside and outside penal institutions(court house, tea centre).
4-The fact that bakery products which are produced in workshops and sold at a cheaper price than market prices cannot be subject to unfair competition has gained stability with the decisions of courts and Court of Cassation.
5-It was designated by court decision that our Institution shall be exempt from fees pursuant to Article 13j of the Act of Fees no. 492.
6-Workshops Institution, as designated also in the reasoning of the Law no.4301, is an institution affiliated to the Ministry of Justice with private-budget and a legal entity.