Council of Europe’s Convention 2001 on Cybercrimes and Turkey

• Main Author: Çeken, Hüseyin
• Format: Dissertation
• Language: English
• Published: ProQuest Dissertations & Theses 01-01-2003
• Subjects: Burglary; Computers; Criminal law; Criminology; Intellectual Property; Internet crime; Middle Eastern Studies; Regional Studies; Terrorism
• ISBN: 9798519174138

The objectives of this thesis are to underline cybercrime consciousness and challenge of cyberthreat bearing worldwide, to give a detailed explanation of the provinces in the Cybercrime Convention stressing on the circumstances why those provinces had to be developed, and then to photograph Turkey's position across the Convention, with regard to Criminal Law issues and to view pros and cons of being a signatory to the Convention.Cyberspace is not a lawless place and it should be governed. However, cyberspace governance should also respect civil liberties and fundamental human rights. In order to resist challenges brought by cyberthreat, many national and international studies have been fulfilled so far. All those efforts proved that the threat is growing day by day due to the increase in the dependency of mankind on information technologies. Importance of those studies is that they helped surmounting an international diligence on the issue.Cybercrime Convention which is the core of our study, is the first international tool, bringing substantial and procedural law issues together in the same scale and aiming harmonization in the cyber law as well as in the other fields of Penal Law. Although, choice of international convention is one of the most efficient ways to govern cyberspace, it is certainly and solely not adequate. For this reason, efforts in other fields should have to be gathered.Types and structures of cybercrimes in the Convention are similar to that of Turkish Regulations. Nevertheless, there are certain deficiencies in the Turkish regulations especially in the field of procedural penal law. Indeed, procedural instruments offered by the Convention are not a danger for civil liberties and fundamental rights and provisions of the Convention related to international co-operation are inevitable means of providing effectiveness of the struggle against cybercrimes.Due to the benefits offered by Convention and the obligation that our country undertook in Turkish National Program towards full membership to European Union, we believe Turkey should sign the Convention.