Diyarbakir: 20 Children Released, 19 in Jail

The trials of a total of 70 children charged with capital offences ranging from membership to an armed terrorist organisation to causing damage to public property continues in groups and will be heard at the Diyarbakir Capital Offences Court for Minors until May 18.

Last week the court released five children on Wednesday and four more under-aged defendants on Friday, The remaining children are still being held at a special annex building to Diyarbair's E-Type prison due to lack of detention facilities for minors.

The prosecution has demanded 9 to 24 years imprisonment for the children alleged to have been involved in the wave of incidents in Diyarbakir at the end of March during which 11 people, including 5 minors, were killed when security forces opened fire on the crowds. The events were sparked off by funeral ceremonies held for members of the outlawed Kurdistan Workers Party (PKK) who were killed in clashes with security forces.

The indictment at the Diyarbakir Capital Offences Court for Minors charges the children for "membership to an armed organisation, inflicting damage on public buildings and other property, preventing civil servants from carrying out their duty" as well as violating law 2911 on Meetings and Demonstration Rallies.

Analay: Lack of evidence

Lawyer Cengis Analay representing some of the children told Bianet that some children on trial had not been involved in any of the incidents while those who had, were not mentally able to understand the meaning or consequences of any offence they might have committed.

Analay argued that there was no concrete evidence indicating that the minors had committed the offences they were charged with and added "even if it could be proven that the children carried out activities, there is no evidence that these have any form of organic relationship with an organisation".

He said that all rights of the children involved, with the right to education at top of the list, had been violated. Analay added that according to international conventions and its own legislation, Turkey should have taken measures with regard to the children that would not have restricted their freedoms.

Violence should not effect their future

Ankara Bar Association Children's Rights Commission Chairperson, attorney Turkay Asma speaking on behalf of the Initiative to End All Forms of Violence Against Children made a statement on the trial of the minors previously in which she said:

"Ignoring the benefit and wellbeing of the child, to violate their right to life, development and participation and to punish them cannot be accepted for any reason".

Asma said those children still under arrest should be released immediately. She said rather than passing verdicts that would limit their freedom, children found guilty should be subject to protective measures that will support them and allow them to benefit from all of their rights. (KO/ II/YE)