Hijacikng Crimes

TABLE OF CONTENTS
1- ABSTRACT
2- REASONS FOR HIJACKING
- POLITICAL REASONS
- HIJACKING CRIME DUE TO THE CHARACTERISTICS OF
THE CIVIL AVIATION SECTOR
3- HIJACKING CRIMES IN HISTORY
4- INTERNATIONAL CONTRACTS
- PREVENTION AND PUNISHMENT AGREEMENT
- GENEVA OPEN SEA CONVENTION
- TOKYO CONVENTION
- CONVENTION ON THE RETURN OF THE
UNFORGETTABLE SEAL OF AIRCRAFT
5- HIJACKING IN TURKISH LAW
6- REFERENCES

HIJACKING IN TURKISH LAW
ABSTRACT
Countries create an even more accessible world with Globalization. Important technological
devices such as cargo, passengers, weapons and air transportation, which is used for many
purposes, have become indispensable because it shortens the distance. As a result of the
development of international air transportation with the developing technology, the civil
aviation sector has developed considerably and the crimes related to air transportation have
increased day by day. This development, of course, brought many crimes. One of the reasons
for the increase in crimes related to air transportation is the international political situation
that changes with each passing period. New legal rules have been developed to protect
international aircraft companies in order not to be harmed by crimes due to many factors that
will be mentioned in the following parts of the article. In this article, the crime of hijacking,
which is one of the crimes related to international air transportation, will be discussed. In our
article, first of all, the importance of this crime, its types and the actions that took place within
the scope of this crime in history will be discussed. After examining these issues, the place of
this crime in Turkish Law, which is the main issue to be examined, will be examined.
ÖZET
Küreselleşme ile ülkeler daha da erişilebilir bir dünya yaratıyor. Birçok amaç için kullanılan
kargo, yolcu, silah ve hava taşımacılığı gibi önemli teknolojik cihazlar mesafeyi kısalttığı için
vazgeçilmez hale gelmiştir. Gelişen teknoloji ile birlikte uluslararası hava taşımacılığının
gelişmesi sonucunda sivil havacılık sektörü oldukça gelişmiş ve hava taşımacılığı ile ilgili
suçlar her geçen gün artmıştır. Bu gelişme elbette birçok suçu da beraberinde getirdi. Hava
taşımacılığı ile ilgili suçların artmasının nedenlerinden biri de her geçen dönem değişen
uluslararası siyasi durum. Yazının ilerleyen kısımlarında değinilecek olan birçok faktörden
dolayı suçlardan zarar görmemesi için uluslararası uçak şirketlerinin korunmasına yönelik
yeni hukuk kuralları geliştirilmiştir. Bu makalede, uluslararası hava taşımacılığına ilişkin
suçlardan biri olan uçak kaçırma suçu ele alınacaktır. Makalemizde öncelikle bu suçun önemi,
1

türleri ve tarihte bu suç kapsamında gerçekleştirilen eylemler ele alınacaktır. Bu hususlar
incelendikten sonra asıl incelenmesi gereken konu olan bu suçun Türk Hukukundaki yeri
incelenecektir.
REASONS FOR HIJACKING
The reasons for the hijacking, which will be investigated as a crime, should be considered as
a whole in terms of the actions and consequences. First of all, the issue to be examined is the
reasons for the emergence of hijacking acts. Among the reasons are many features of civil
aviation. A detailed examination of the characteristics of the civil aviation sector is not within
the scope of this article. The points related to the hijacking crime will be explained by
counting the features in a broad way. In addition, as we mentioned at the beginning of our
article, one of the reasons for this crime is the changing political situations, and we will
examine the historical situation and explain this issue with examples. If we give general
information;
1. Political Reasons
The Second World War can be taken as the period when the hijacking actions increased.
After the Second World War, the world was divided into two blocs, and after the enmity
between these two blocs continued for years, those who wanted to flee from one block to the
other and those who wanted to use the planes as a tool of pressure against the states constitute
the first reasons for hijacking crime in history. The actions carried out in this way were quite
successful in attracting the attention of the world public opinion. In addition, as a result of the
hostility between the blocks, it is seen that the parties of the block committed the crime of
hijacking in order to harm each other. Airplanes that carry war materials or daily necessities
or used by government employees for travel have become obvious targets. As it can be
understood from the hijackings that took place in history, there are people who want to realize
the crime of hijacking, their political ideas by making propaganda all over the world. (1931
Peruvian terrorists hijack a Pan American airline mail plane ) 1
1 http://mevzuat.shgm.gov.tr/wp-content/uploads/2018/09/Ahmet_TURK.pdf
2

As a result, there are many political reasons behind these actions. Although the situation has
not changed much today, most of the hijackings in the past took place for the political reasons
mentioned above.
2. Hijacking Crime Due to the Characteristics of the Civil Aviation Sector
We have mentioned that most of the events that took place in history are due to political
reasons. However, one of the reasons for the recent hijackings is the civil aviation sector.
1. Rapid Growth
2. Commercialization and appreciation of many goods and services at an increasing rate.
3. Being comfortable
4. Fast compared to other means of transport
5. Rapid technology and continuous development in terms of engineering. 2
Many other features can be added to the features listed above. These vehicles, which have
developed so much within the scope of these features and gained value day by day, and have a
very high international function, have caused many crimes to occur. Due to the fact that these
vehicles were used only by high-ranking people and government officials in the past, and
because the technology was not that advanced, hijackings have increased more recently. This
sector has become very attractive to criminals and terrorists for the reasons stated. The reason
for this is the high commercial value of aircraft, the fact that this sector, which is constantly
growing globally, has constantly improved itself, air travel is used by more passengers than in
the past, and more destinations are built with the developing global economy. These reasons
increase the risk of crimes against the aviation industry. It is obvious that historically, it is
more suitable for an attack and has a greater impact, as seen in the September 11 attacks, for
example.
Hijacking Crimes in History
There have been many hijackings in the world from past to present. These actions are shown
in the table I prepared in chronological order.Another issue to be dealt with after the actions
shown in the table is the hijackings in Turkey. The first passenger plane hijacking in the
2 https://cdn-acikogretim.istanbul.edu.tr/auzefcontent/20_21_Bahar/havacilik_guvenligi/1/index.html
3

history of the Republic, which was shared on the official website of the General Directorate of
Civil Aviation of Turkey, took place on May 3, 1972. 3 Four Left-wing friends whose
execution files are in the parliament; It is planned to save Deniz Gezmiş, Hüseyin Inan and
Yusuf Aslan. 4
Another hijacking that took place in the recent past took place on 11 December 2018.Pegasus
Airlines Boeing 737-800 type passenger plane with flight number PGT157 was hijacked after
taking off from Diyarbakır at 17.40 to go to Istanbul Sabiha Gökçen Airport. 5
INTERNATIONAL CONTRACTS
The act of hijacking affects the security of individuals, their lives, the security of states, and
the political situation of states. Since hijacking has many effects, many international
agreements have been made on this issue. The negative consequences of this problem have
been tried to be prevented by international conventions.
1- PREVENTION AND PUNISHMENT AGREEMENT:
This convention was prepared by the League of Nations. There are regulations regarding the
punishment of hijacking. The states party to the Convention have accepted actions that will
cause harm to public goods and goods allocated to the public as "intimidation" actions. 6 This
contract also includes regulations regarding returns.
2- GENEVA OPEN SEA CONVENTION:
Article 15 of the Geneva Convention on the High Seas has a regulation on "banditry".
“Article 15
Piracy consists of any of the following actions:
3 http://web.shgm.gov.tr/tr/s/591-ucak-kacirma-eylemi
4
https://www.istiklal.com.tr/kose-yazisi/1972-yilinda-turkiyede-bir-ucak-kacirma-eylemi/434634#:~:text=3%20May%C4%B1s%201972%20
tarihinde%20%2C%20Cumhuriyet,ilgili%20haber%20almakta%20birbirleriyle%20yar%C4%B1%C5%9Ft%C4%B1%20
5 http://web.shgm.gov.tr/tr/s/591-ucak-kacirma-eylemi
6 https://dergipark.org.tr/tr/download/article-file/96822
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1. Committed for special purposes by the crew or passengers of a private ship or a private
aircraft,
a) Against another ship or aircraft on the high seas or against persons and property on
board such a ship or aircraft,
b) to a ship outside the jurisdiction of any State. any unlawful violence or arrest or any act
of looting directed against aircraft, persons or property.
2. Any act of voluntary participation in the operation of a ship or aircraft with knowledge of
events that make it a rogue ship or aircraft;
3. Any act that promotes or deliberately facilitates an act described in subparagraph 1 or
subparagraph 2 of this article.” 7
3- TOKYO CONVENTION:
The act of hijacking is not defined as a crime in this convention. In this contract, subjects such
as the trial related to the crimes committed on the plane, the regulation regarding the
extradition of the perpetrator, and which country is the competent authority in the trial are
regulated.
Preventing and prosecuting crimes committed on the plane tries to ensure the safety of the
aircraft.
The scope of the contract is specified in Article 1 of the contract:
“1. This Convention shall apply in respect of :
a) Offences against penal law;
b) Acts which, whether or not they are offences, may or do jeopardize the safety of the aircraft
or of persons or property therein or which jeopardize good order and discipline on board.
2. Except as provided in Chapter III, this Convention shall apply in respect of offenses
committed or acts done by a person on board any aircraft registered in a Contracting State,
7
http://www.turkishgreek.org/kuetuephane/item/137-1958-cenevre-deniz-hukuku-soezlesmeleri-acik-deniz-soe
zlesmesi
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while that aircraft is in flight or on the surface of the high seas or of any other area outside the
territory of any State.
3. For the purposes of this Convention, an aircraft is considered to be in flight from the
moment when power is applied for the purpose of take-off until the moment when the landing
run ends.
4. This Convention shall not apply to aircraft used in military, customs or police services.” 8
4- CONVENTION ON THE RETURN OF THE UNFORGETTABLE SEAL OF
AIRCRAFT:
This contract is also known as the "La Haye Convention". In Article 1 of the Convention, it is
stated that hijacking is a crime as follows:
“Any person on board an aircraft in flight;
a) seizes or takes control of the aircraft, or attempts to do so, unlawfully, by force or threat, or
by any other means of intimidation, or
b) If he becomes an accomplice with a person who commits or attempts such an act, he is
deemed to have committed a crime. (This act will henceforth be «defined as a crime».)” 9
In this contract, which was accepted on 16.12.1970, the act of hijacking is considered a crime
as regulated in Article 1, and it includes regulations regarding the jurisdiction and extradition
of the perpetrator who committed the crime.
HIJACKING IN TURKISH LAW:
8 https://www.resmigazete.gov.tr/arsiv/15436.pdf
9
https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc056/kanuntbmmc056/kanuntbmm
c05601634.pdf
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Whether hijacking is a crime and punishing it, states should make arrangements in their
domestic law in terms of jurisdiction. States should make the arrangements in their domestic
law in accordance with the international conventions to which they are party.
The concept of hijacking is used in English for the verb hijacking. This concept generally has
the purpose of confiscating an item, but it is not the exact equivalent of the elements of the
hijacking crime and the theft crime. Here, the act of kidnapping is in question, not theft.
The act of hijacking is regulated in the third and fourth paragraphs of Article 384 of the
Turkish Penal Code No. 765, but this action has not been defined.
With the act of hijacking a plane, the crime of deprivation of liberty takes place. The life and
health of the people on board may be endangered. There may be threats against persons on
board.
According to Köksal Bayraktar's view, “although there is a de facto dominance for a while in
hijackings and there is a moral benefit with the realization of the motive, theft and looting
crimes cannot characterize all cases. Just as the crime of theft will no longer be found in the
perpetrator's hijacking using force and violence, it will no longer be possible to claim that
plunder exists in the fraudulent hijacking or the perpetrator's sole hijacking without
coercion.” 10
The perpetrator of the hijacking crime can be anyone. The perpetrator may be a foreigner or a
citizen of the state in which the aircraft is located. There is no difference whether the flight is
intercity or international within the same country.
10 https://dergipark.org.tr/tr/download/article-file/96822
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REFERENCES:
- https://dergipark.org.tr/tr/download/article-file/96822
-https://dergipark.org.tr/en/download/article-file/1160518#:~:text=1963%20y%C4%B1l%C4
%B1nda%20yap%C4%B1lan%20ve%20%C3%BClkemizin,aras%C4%B1nda%20%C3%B6
nemli%20bir%20yere%20sahiptir
- https://dergipark.org.tr/en/download/article-file/632051
-https://www.resmigazete.gov.tr/arsiv/15436.pdf
-https://www5.tbmm.gov.tr/tutanaklar/KANUNLAR_KARARLAR/kanuntbmmc056/kanuntb
mmc056/kanuntbmmc05601634.pdf
-
http://www.turkishgreek.org/kuetuephane/item/137-1958-cenevre-deniz-hukuku-soezlesmeler
i-acik-deniz-soezlesmesi
- http://web.shgm.gov.tr/tr/s/591-ucak-kacirma-eylemi
-
https://www.istiklal.com.tr/kose-yazisi/1972-yilinda-turkiyede-bir-ucak-kacirma-eylemi/4346
34#:~:text=3%20May%C4%B1s%201972%20tarihinde%20%2C%20Cumhuriyet,ilgili%20ha
ber%20almakta%20birbirleriyle%20yar%C4%B1%C5%9Ft%C4%B1%20
-
https://cdn-acikogretim.istanbul.edu.tr/auzefcontent/20_21_Bahar/havacilik_guvenligi/1/inde
x.html
- http://mevzuat.shgm.gov.tr/wp-content/uploads/2018/09/Ahmet_TURK.pdf
- https://whatifshow.com/how-to-survive-a-plane-hijacking/
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