According to Article 1 of the UN Convention Against Torture, torture means any act that has been carried out for such purposes as punishing, intimidating or obtaining from victim a confession or for any reason based on discrimination by or with the consent or acquiescence of a public official or other person acting in an official capacity.
Likewise, all kinds of international instruments and international controlling mechanisms qualifies torture as any action by which severe pain or suffering, whether physical or mental, is inflicted on a person within detention centers, prisons, reformatories, hospitals, childcare dormitories, schools, nursing homes.
The practices carried out by public officials and caretakers against children between the ages 0 and 6 at a childcare center in Malatya are torture. Children, in the childcare center were subjected to practice of systematic torture such as punishment and intimidation by public officials. The investigation launched into such a crime against humanity shouldn’t be limited to those public officials that were inflicted torture at the center. The methods that were carried out by the personnel of the particular childcare center are instances of widespread and routine practices known by everyone in the country. The scope of the investigation should be extended as to include administrators of the institution and all of those responsible.
Torturous acts that children in Malatya childcare center were subjected to have brought to the agenda the violent treatment that has been maintained in such institutions. According to a latest statement made by State Minister Responsible for Women and Children Nimet Çubukçu there were 478 cases of sexual abuse that were occurred in the last five years. While, making public these statistics the state minister said that domestic violence is on a very high level and violence couldn’t be prevented where there are people.
It is the State itself that is responsible for the violent actions that occurs in institutions (either exercised by staff or by those staying in these institutions). Due to conventions to which the State is a party, it is also responsible for individual and domestic violence. This is because the State is obliged to prevent such violence by taking necessary measures.
The Human Rights Association (İHD) believes the importance of independent and impartial control mechanisms in prevention of torture. Therefore, Turkey should immediately ratify Optional Protocol to the Convention Against Torture and should create independent control and prevention mechanisms along with the participation of nongovernmental organizations. Torture as a crime against humanity should be effectively punished with all of those responsible for it.
HUMAN RIGHTS ASSOCIATION