Today we, on behalf of more than 20 NGOs that joined under the name of Judicial Initiative for Children and hundreds people that support us, are here to ask officials to release children that are under arrest and being tried with accusation of being member of an illegal organization. We as, right defenders, send the letters that include our demands to the President Mr. Abdullah Gül, the Prime Minister Recep Tayyip Erdogan, the Parliament Speaker Mr. Koksal Toptan, the Chairman of Child Rights Monitoring Committee under Turkish Grand National Assembly or TBMM Mr. Cevdet Erdöl, the Chairman of Human Rights Investigation Committee under TBMM Mr. Zafer Uskul, the State Minister Responsible for Human Rights Mr. Cemil Cicek, the Minister of Justice Mr. Mehmet Ali Sahin, the General Directorate of the Social Services and Child Protection Institution under Prime Ministry Mr. Ismail Baris in Adana, Ankara, Cizre, Diyarbakır and İstanbul concurrently.
About 250 children, who are under arrest, are still being tried with several accusations first “being member of an illegal organization” on charge of joining actions at different times in different cities. Children are being tried with a demand over 20 years imprisonment in a manner that ignores social, economic and cultural conditions that children have. Throughout the trial process children’s fundamental rights are being interrupted notably rights of education, health and security. Most of the children are being tried as they are under arrest and it is contrary to the Convention on the Rights of the Child to which Turkey is a party and children justice system. The Convention states that arrest might be the last step for children who are opposite to the law..
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All children should be tried before the Child Courts, which have been established within this mentality, rather than heavy penal court.
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Children, who are under arrest should be released immediately.
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The Article 220/6 of the Turkish Penal Code, which states “The person who commits a crime on behalf of the organisation although he is not a member of the organisation shall also be punished for being a member of the organisation” should be amended.
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Discernment reports, which shows whether 12-15 years old children know mean and outcome of the action that they commit and know offence that is atfedilen, should be prepared by experts and taken into considerations by the courts.
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The Articles 9 and 13 of the Anti-Terror Law should be repealed as it is contrary to the Turkish Constitution and international conventions that are superior in accordance with the Article 90 of the Constitution.
We will continue to carry out similar actions till our demands will be taken into consideration.
Judicial Initiative For Children
Families, Ankara Bar Association, Amargi Women Academy, Başak Culture and Art Foundation, Berfin Association of Fight against Poverty, Van Branch of the Contemporary Lawyers Association, Chambers of Merchants and Craftsmen in Cizre, Chamber of Drivers in Cizre, Cizre Üniversiteliler Derneği (CÜDER), The Children are Under the Same Roof Association, The Department of Child Studies, The Representative Office of Dives in Cizre, Diyarbakır Bar Association, Child Office of Diyarbakır Metropolitan Municipality, Diyarbakır Göç-Der, Diyarbakır Sarmaşık Yoksullukla Mücadele ve Sürdürülebilir Kalkınma Derneği, Eğitim Sen Headquarters, Eğitim-Sen Cizre Branch, Agenda Child Association, Çocuk Haklarını Tanıtma, Yaygınlaştırma, Uygulama ve Uygulamaları İzleme Derneği, Irkçılığa ve Milliyetçiliğe Dur De Girişimi, Human Rights Association (IHD), Human Rights Agenda Association, Group of İstanbul Child Rights Activists, İzmir Branch of the Contemporary Lawyers Association, KESK Şırnak Branch, Mazlum-Der, Mazlum-Der Istanbul Branch, Mazlum-Der Van Branch, Association for Solidarity with the Freedom-Deprived Juveniles, Sendika.Org, The Headquarters and all branches of Social Workers Association, Şırnak Bar Association, Şırnak Women Association (Şar-Der), Şırnak Youth-Working Group, (Genç-der), Chamber of Medicine in Şırnak, The Institute of Trauma Studies, Tutuklu ve Hükümlü Aileler Demokratik Dayanışma Derneği (TUHAD-DER), Human Rights Foundation of Turkey (HRFT), Turkey Peace Assembly, Türkiye Çocuklara Yeniden Özgürlük Vakfı Ankara Şubesi, Turkey Youth Federation, Turkish Medical Association, (TTB), Vakit Geldi Girişimi, Van Bar Association
Background
Due to a change in the Anti-Terror Law in 2006, children between 15-18 years old might be tried as if they are over 18. Then court cases have been opened against hundreds children with an accusation of being a “member of an illegal organization” by arguing that these children joined actions at different times in different cities. This year more than 100 children were detained before the 15th February and during and after social demonstrations related with Abdullah Öcalan. According to the statement by Mr. Mehmet Ali Sahin, the Minister of Justice that replied to question in the Parliament, there are court cases against 1572 children in accordance with Anti-Terror Law and Turkish Penal Code in 2006 and 2007. 174 children, 92 of them in Diyarbakır, were sentenced. Rights defenders came together and started to follow court cases against children since December of 2008.
For further information:
The Secretariat of Judicial Initiative for Children
Diyarbakır: Kezban Yılmaz, e-mail: avkezban_yilmaz@hotmail.com
Ankara: Emrah Kırımsoy, e-mail: emrahkirimsoy@yahoo.de
İzmir: Nalan Erkem, e-mail: nalanerkem@gmail.com
İstanbul: Melda Akbaş, e-mail: meldaakbas@gmail.com
Van: Cüneyt Caniş, e-mail: cuneytcanis@gmail.com