Police Report Recommends 13 y.o. to Be Charged With Article 301!

A 13 year old child has been ordered to stand trial on January 21 for writing wall slogans “Government Resign” and Death to Fascism” during Gezi Resistance protests in the northwestern province of Çanakkale. 

The child, whose name was undisclosed, has been charged with violating Turkish Penal Code Article 152/1 on “state property damage”. He is currently facing prison sentence from 2 up to 6 years. 

“As the incident qualifies for Article 301 on insulting the values of Turkish nation, Republic of Turkey and state institution…” Çanakkale Vice Police Commissioner T.G. wrote to Kids Police Headquarters. 

“I don’t even know what fascism is” 

The defendant child stated the following to the prosecutor on July 4, 2013. 

“I attended a massive demonstration on June 3. For a while, I have taken a spray used by other demonstrators. I wrote what protestors were shouting. I don’t even remember what they said.

“I didn’t write any wall slogans, I wrote them on the asphalt. Nobody told me what to do. I don’t even know what fascism is.” 

“Forensics doesn’t concern us”

Forensics Institute, on the other hand, submitted a report to Prosecutor Ozan Kaya, saying that the child was not eligeable for criminalization :

“We came to the understanding that the defendant is unable to conceive the judicial meaning and consequences of the charges. Therefore, he isn’t eligible for criminalization.”

However, the prosecutor wrote the following in the case indictment: 

“According to the doctor report, the defendant is unable to conceive the meaning and consequences of the aforementioned charges. However, the new penal code attributes the competence for prosecution to judges, so the report is non-binding. It is understood that there is enough suspicion to launch a public prosecution considering all the present evidence…”

The child will be “forced” to stand trial 

The defendant child did not attend the first hearing of the case on November 27. 

However, Çanakkale 1^st Assize Court judge Dilek Özben Buluç ordered the defendant to stand trial on the next hearing. 

While the next hearing was set to January 21, an expert from Family and Social Policies Ministry will also be present in the hearing. (AS/BM)