‘Anti-Terror Law cannot be used in murder of children’

* Photo: Yeni Yaşam newspaper

Click to read the article in Turkish

The prosecutor's office has concluded that there is no ground for prosecuting the death of 13-year-old Fatma Elarslan during the period of curfews in İdil in Turkey's Kurdish-majority Şırnak province. Having lost her life in 2016, Elarslan has been deemed "the member of an organization" based on the statements of an anonymous witness.

Releasing a statement about the issue, the Children's Rights Center of the Diyarbakır Bar has underlined that they do not find the recognition of a 13-year-old child as the "member of an organization" compliant with the law, declaring that they do not accept this decision.

'Child-killing perpetrators protected by impunity'

In its statement, the Diyarbakır Bar Association has noted that "there are no exceptions to the right to life in the legal order and states are obligated to protect this right under any circumstances."

"In spite of this, the policy of impunity protecting the perpetrators has become prevalent in practice, paving the way for violations of right to life," the bar has stated further and added, "We do not allow the perpetrators who killed children to be protected by the shield of impunity. The perpetrators of Fatma need to be found and penalized immediately."

'Laws cannot be used for injustice'

Adem Arkadaş Thibert from the Child Rights International Network (CRIN) Executive Board has also made a statement on social media.

"Anti-Terror Law cannot be used in murder of children and children, who do not have the right to be members of adults' associations, cannot be charged with being members of a terrorist organization," Thibert has noted.

"The judiciary is obligated to respect human rights in the fight against terrorism. Laws cannot be used for injustice..."

CLICK - 'At Least 80 Children Killed in Curfews'

As reported by Mezopotamya Agency (MA), a curfew was declared in İdil, Şırnak on February 16, 2016. While the curfew was still in effect, Fatma Eraslan (13) got missing. On March 7, 2016, her deceased body was found. Eraslan was cited as the "member of an organization."

In the investigation filed into her passing, the Şırnak Chief Public Prosecutor's Office has concluded that "there is no ground for prosecution."

In the part of the decision detailing how the incident occured, it has been indicated that her body was found with nine others in an open area with rubbles. The autopsy report has documented that she died after being wounded with a firearm and as a result of an ammunition explosion.

'It was based on anonymous witness statements'

While the decision has noted that it is not possible to identify the gun that fired the bullet which caused her death, it has referred to her alleged "membership of an organization" based on the statements of an anonymous witness named "Hilal". On the basis of this statement, the prosecutor's office has alleged that "Elarslan was the member of the organization."

Applying to the Şırnak Penal Judgeship of Peace, attorney Veysel Vesek objected to the decision, underlining that Elarslan was not even 13 when she lost her life and was considered the "member of an organization" in spite of this. He also noted that there could be no legal justification for a murder.

The Penal Judgeship of Peace has rejected the objection. (AÖ/SD)