Keep Children Out Of TMK!

The Initiative to Structure Children's Justice System consisting of children rights activists and backed by a number of leading Turkish NGOs has asked for the newly ratified version of the Anti-Terror Law (TMK) to be abolished on grounds of unconformity with the perception of justice where it applies to minors.

Initiative representatives Lawyer Seda Akco and Mustafa Ruhi Sirin have sent letters to President Ahmet Necdet Sezer and main opposition Republic Peoples Party (CHP) chairman Deniz Baykal this week, asking them to take the law to the Constitutional Court for it to be abolished due to an article that foresees children above the age of 15 being tried by High Criminal Courts for TMK offences.

The initiative deems the article in violation of articles 1, 2 and 40 of the United Nations Convention on the Rights of the Child, article 6 of the European Convention on Human Rights and the 37th article of the Turkish constitution that brings special legislation on the trial of minors as well as article 141 that prevents anyone being put on trial under any authority other than a court that has jurisdiction over them.

"Children cannot be protected from terror with their most basic rights being restricted and their protection under the constitution being lifted" the Initiative representatives said.

The new law foresees all children above te age of 15 to be put on trial at High Criminal Courts in prosecutions involving TMK offences. He said course were set up to replace post-coup State Security Courts in duty and jurisdiction.

Children Rights To Be Violated

The initiative argues that with this legislation children will not be tried by a court specific to children but one that is "specific to offence" and under the judicial procedures set for adults.

"Practices based on this law will lead to the violation of children rights" it says.

The initiative for "A Justice System Specific to Children" is supported by the "Children's Foundation, Gundem Children's Association, Association for Solidarity with Youth Deprived of their Freedom, New Freedom for Children Foundation in Turkey and the Foundation to Promote Guidance and Educate Leaders in Higher Education".

After being ratified by the president, Turkey's new TMK went into force on July 18 and can be taken to the Constitutional Court within 60 days after being published in the Official Gazette which sets 18 September as a challenge deadline. (KO/II/YE)