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ARTICLES EN ANGLAISAlarming Appeal of the Callers of Justice for Children in Turkey The Callers of Justice for Children Call in Turkey have sent to all human rights organisations and activists the following appeal: Dear sir, Today in Turkey, because of the TMK (Terörle Mücadele Kanunu / Law to Fight Terror) of 1991, thousands of childeren are interrogated, judged, sentenced, and imprisoned as if they were “adultsâ€. These Children, whom we call the Child Victims of TMK are unable to get pedagogic support and cannot go on with their education Some of these children stay in the same wards with adults, visits by families are precluded, and even the sports/game permits given every fortnight are cancelled. Turkey has signed the United States Convention on the Rights of the Child 19 years ago. But with the new TMK, this is ignored. In Turkey, like in all the world, there is the Child Protection Act that accepts the description of “there are no guilty childrenâ€, “there are children pushed to crime†and that forsees that “punishment†is the last sanction to be applied to a child. But the new TMK ignores this law also, to take action against and treat children of 12-18 as if they were not children. The situation of children of 15-18 is especially perilous. As civil servants like police officers, soldiers. District Attorneys, wardens, etc. who are trained in accordance with the Child Protection Act are very few in number, Child Victims of TMK are held subject to corporeal and incorporeal torture, bad treatment and are even killed while taken under custody, in interrogation, in prison. The images of the 15-year-old whose arm was broken in 2008 in the city Hakkari by a cop and who was then arrested from “resisting a civil servant†are horrible. Turkey is the only country that has declared a Children’s Festivaty as an official “bairam†on April 23rd, but the images of the 14-year-old S.T. whose head is subject to the buttstrokes of an official of the special team on the 2009 Children’s Festivity, as the most disgraceful black-comedy of the world, are horrible. In the same April 23rd operation there is also the 14-year-old Abdülsamet Erip, who fell in the stream while running away from the police and died. We don’t keep his name a secret, because “dead children†abide by their names, there’s no more any extra harm that we can cause them. A day later, 7-year-old Maziye Aslan crushed to death under a police panzer in the city of Van. On April 27th, this time in the Cizre town of the city of Şırnak, the 10-year-old Åž.B. was critically wounded with a gaz bomb thrown on the head. The number of children that have lost their lives through police and military violence in Turkey ever since 1991 is 328. Among them are babies who were not even given a name. In Turkey, every day new children are added to the Child Victims of TMK. Whatever the races, religions, nations, classes, ideologies of their parents, whatever their own gender, children are only that, CHILDREN. All the children in the world have the right to live like children, to be treated like children. They should have this right. We are calling to your attention and help. Support the Child Victims of TMK in Turkey. Invite the state of Turkey to free these children immediately, to present them rehabilitation services after they are set free and to quickly make the necessary legal regulations so that from now on other children do not come across similar violations of children’s rights. There’s something everyone can do for children. Yours, Mehmet Atak by the name of Çocuklar İçin Adalet Çağırıcıları (Callers of Justice for Children) PROBLEMS OF CHILDREN WHO ARE EXPOSED LAW ON STRUGGLE AGAINST TERRORISM I- PROBLEM When the children between the ages of fifteen to eighteen are allegedas, accused of or recognised as having infringed the Law on Struggle Against Terrorism (hereinafter referred to as “ LSATâ€), they are subject to the same rules as the adults in respect of the detention, arrest, place of jurisdiction, proceedings, nature of punishmetn and execution of punishment. When the children between the ages of twelve to fifteen are alleged as, accused of or recognized as having infringed the LSAT, they are subjected to protective orders with regard detention, arrest, place of jurisdiction, proceedings, arrest of judgement, suspension of sentence, converson to imprisonment and other options, and yet these children are still subjected to the rules applied to the adults with regard to the punishment. As a result, when children between the ages of twelve to eighteen are alleged as, accused of or recognized as having infringed the LSAT , the fact that they are children is ignored partially for those between the ages of twelve to fifteen and completely for those between the ages of fifteen to eighteen. This very problem is a threat to any and all children living in Turkey regardless of the place they live, the language the speak, the religion they believe and the ethnical identity they beolng to. Before all, this is a very important junevile issue. On the other hand, it grew larger in some aspects upon amendment of the LSAT in 2006, but in the heart of it, this is a problem that emerged approximately twenty years ago when LSAT was accepted. II- CONCRETE PROBLEMS In the respect of the children victims of LSAT, the principles are mostly breached b the legislative dispositions as well as their application. Although the following regulations wpuld originally be implemented for adults, it is especially and explicitly mentioned in respective provisions that they are also applicable for children. The major problems of children who suffer from LSAT are referred below: A) Problems for Children between the Ages of 15 to 18 The investigation is conducted not by the child’s department prosecutors but by the specially authorized prosecutors, who are responsible for investigation process under the Law on Struggle Against Terrorism. Although the testimony of children should be taken by the child’s department prosecutors in person, for investigations within the scope of , the testimony of children is sometimes taken by the police. While the testimony of children is taken, the possibility of taking it under auspices of an almoner is not applied. The detention period of twenty four hours is applied for forty eight (48) hours for children as well. This period can increase up to five (5) days for collective crime allegations. If the intended purpose of the investigation is likely to be risked, a relative of the child in detention is notified only upon order of the public prosecutor. However, for judicial crimes, a relative or another person determined by the concerned person in detention can be notified, again, upon order of the public prosecutor. Accordingly, provided that the child, arrested or in detention, has no possibility to reach his/her relative during the detention period, in this case preventing the child from notifying another person leads to the fact that the child stays in detention with further notice to anyone. While taking the testimony of a child, only one lawyer is permitted to be present without a power of attorney. However, for judicial crimes, three lawyers are permitted to be present without a power of attorney. Upon demand of the public prosecutor and order of the judge, the right of the child in detention to see his/her lawyer can be restricted to twenty four hours. No testimony is taken during that time. However, no such restriction applies to the judicial crimes. Maximum period of arrest in high criminal courts that is provided in law is not applied to the children who are judged within the scope of LSAT. Maximum period of arrest, which could be at most three years in compulsory cases, will not apply to the children until the end of 2010. However, since 2011, the same period will apply as double to the children who are judged within the scope of LSAT. Provided that the lawsuit is brought to the court within a two-year period of time till the end of 2010, the state of being arrested maximum for two years during the investigation process will also apply to the children. On condition that the lawsuit still continues following the two-year arrest, it will be possible to extend the period of arrest with no specific upper limit for children who are judged for crimes that require imprisonment above seven years. Because the possibility of the adjourn of explanation of the sentence, which is only applicable to the crimes requiring a punishment of two years at most, and which means that the sentence bears no legal consequences, is forbidden, it cannot apply to children. Because deferment, which is only applicable to the children who commit crimes requiring three years at most, is forbidden, it cannot apply to the children who are judged within the scope of LSAT, either. Because conversion to judicial fine or other optional sanctions, which are only applicable to the crimes requiring at most one year, is forbidden, it cannot apply to the children, either. B) Problems for Children between the Ages of 12 to 18 The punishment of children who are judged for the crimes within the scope of LSAT can be increased as half in any case. However, the punishment inflicted following such an increase is reduced depending on the age of the child in question. However, no increase depending on the nature of the crime should apply to children who are punished. The punishment inflicted on children should only be subjected to a reduction depending on his/her age. The applicable provisions of conditional release in case of adjourn of two third of the punishment inflicted for judicial crimes are made depended on the condition of adjourn of three fourths for children who are punished within the scope of LSAT. There is no obstacle for gross disciplinary sanctions applicable to the enforcement of crimes within the scope of LSAT as well as the solitary confinement to become applicable to children as well. III- WHAT SHOULD BE DONE? In order to resolve these problems regarding the children legally; 1. A clean arrangement should be done indicating that Article 5 of the LSAT that increases the punishment, 2. As well as Article 17 regarding the investigations and enforcement of punishments cannot apply to children. 3. The provisions specified in Article 9 of the same law that leads children who are between the ages of 15 to 18 to be judged at high criminal court with special authority should be abolished. 4. Again, the prohibition of adjourn of explanation of the sentence, which is provided for children between the ages of 15 to 18, and of optional sanctions as specified in Article 13 should be abolished. 5. Another important point is that an arrangement should be done indicating that the provision 7/2-a of LSAT, which enables the individuals who attend the demonstrations that end up with an illegal organization propaganda are punished as if the individuals who make propaganda for illegal organizations because they cover their face partially or entirely, cannot apply to children. In other words, children who attend demonstrations and cover his/her face either in part or in full should not be inflicted with a separate punishment due to such an! action. 6. Finally, a clear provision should be added to LSAT indicating that the Child Welfare Law should apply, without exception, to the children who are impeached within the scope of LSAT. IV- CONCLUSION Turkish Law System recognizes the basic principles of Child Welfare Law. There are clear provisions in the Constitutional Law in this regard. The UN Convention on the Rights of Children was accepted and executed, plus quite detailed and protective arrangements were made with the Child Welfare Law, thus the legal basis for an advanced system of child welfare has been established. Juvenile Courts, Police Departments for Children were founded, thus structural initiatives were taken. There are available Children Departments that employ an almoner continuously. The criteria considering children’s psychology in selecting children’s judge, prosecutor and law-enforcement officer are implemented. All these components strongly underline the inclination of Turkish Law System to adapt the child welfare law thoroughly with al! l aspects and to establish it structurally. Therefore, differing practices of the system regarding the children who suffer from LSAT is definitely a deviation. And this deviation should be eliminated. CALLERS OF JUSTICE FOR CHILDREN: http://www.info-turk.be INFO-TURK 53, rue de Pavie 1000 BRUXELLES Tel: (32-2) 215 35 76 Fax: (32-2) 215 58 60 |
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