UNICEF Report about Children Accused for "Terror Crimes"

The Turkish representation of the United Nations Children's Fund (UNICEF) said that the government did not yield any results regarding the prosecution of children that participated in demonstrations and as a deterrent stand accused for terrorist crimes. UNICEF recommended to refrain from trying children "under the same conditions as adults" to prevent a victimization of the children.

The "Field report about children standing accused of terror crimes because of attending demonstrations" contains seven recommendations. It is based on talks and meetings during visits to Adana on the eastern Mediterranean coast between 9-11 March and Hakkari on the south-eastern tip of the country on 23-24 March 2009. A cooperation of UNICEF Turkey and the Human Rights Department of the Prime Ministry visited the provinces and talked to public officials as well as representatives of non-governmental organizations.

The amendments of the criminal code made in 2006 due to an escalation of the clashes regarding the Kurdish question paved the way to prosecute children under aggravated conditions. Even though the government announced further amendments in the scope of the "democratic initiative", the corresponding discussion in the parliament was postponed after an attack of the militant Kurdistan Workers Party (PKK) on soldiers in Tokat (central Anatolia).

"Anti-Terror Law needs to be amended"

The recommendations of the report can be summarized as follows:

1 - The report states that "interventions during and after demonstrations seriously jeopardizes the children's right to life". Precautions against torture and ill-treatment should be increased.

2 - "Legal amendments should be made to ensure the prosecution of children at specific courts and the implementation of specific procedures. The children should be tried before juvenile courts". Therefore, the report recommends the amendment of articles 9 and 13 of the Anti-Terror Law (TMK). Regarding crimes related to children, the "principle of one single responsibility for several crimes" should be acknowledged.

Children should not be treated like adults

3 - "The implementations must provide for the children's needs and should be done in accordance with the basic principles of the juvenile judiciary system. It must be possible to intervene against unlawful proceedings". The report particularly emphasizes to ensure that only police officers trained to deal with juveniles should be concerned with children; children should be taken to children branches instead of anti-terrorism branches and should be brought to the prosecutor right away; their families should be informed immediately and access to the file must be provided for the interrogation by the lawyers. Additionally, the indictments should refrain from keeping the children out of school. Effective measurements should be established to prevent children from being detained together with adults and to control that the entire process advances according to the law.

4 - Regulations should be developed that meet the children's needs and give them the opportunity to develop. Education should be of high quality and free of charge. The number of play areas should increase. The allocation of a larger budget to this area is only one of the recommendations.

5 - The political, social and economic dimensions of this problem should be recognized in order to work out political, social and economic solutions.

6 - Susceptibility should be increased for precautions regarding the protection of children from risks and their right to organize and participate in meetings and demonstrations.

7 - Systems for collecting and compiling data should be reinforced to track implementations and to establish the necessary politics in due time. (EÜ/VK)