Constitutional Court Rules Compensation for Maltreatment of Arrested Children

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The Constitutional Court has announced its judgement on the application of 11 children who are at the ages of 16 and 17 and arrested in Ankara.

Giving a judgement on ten of the children, except for the one who has not yet given deposition regarding the incident, the Constitutional Court has ruled that "the prohibition of ill treatment has been violated on procedural grounds" and a new investigation shall be launched.

The children previously filed a criminal complaint, stating that "they were battered by prison wardens, kept waiting while being handcuffed behind their back and subjected to naked body search."

The court has also ruled that nine of the children shall be paid non-pecuniary damages of 10 thousand Turkish Lira each (approx. 1,640 Euro).

"A new investigation shall be launched"

The justified ruling of the Constitutional Court regarding the application of the children was published on the Official Gazette today (March 1).

Accordingly, except for the child H.B., who has not yet deposed regarding the incident, the Constitutional Court has ruled, "The prohibition of ill treatment, which is guaranteed under the Article 17 of the Constitution, has been violated on procedural grounds."

In the justified ruling, it has been further stated that the verdict of the Constitutional Court "shall be sent to the Sincan Chief Public Prosecutor's Office to launch a new investigation so that the consequences of the violation of prohibition of ill treatment could be eliminated."

The court has also ruled that nine children shall be each paid 10 thousand Turkish Lira in non-pecuniary damages.

"Children's allegation of battery not investigated"

In the ruling of the court, it has been stated that the allegations of battery raised by the arrested children were not investigated:

"The applicants alleged that they were subjected to battery after being subdued; however, their allegations were also not investigated in detail.

"Especially the allegations of the applicants who claimed that they were battered in places without a surveillance camera and in the short stay unit were not taken into consideration. The main assessment in the ruling of the Prosecutor's Office remained limited to the examination made by the assessment commission and to whether the right to use force was exceeded during the intervention in the incidents.

"It was not evaluated whether the allegations regarding what happened after the incidents were taken under control are true; if so, whether there was a situation requiring the use of force; and whether there was a practice for the sole sake of reprisal or corporal punishment." (AS/SD)