Case of child deemed ‘member of a terrorist organization’ taken to Constitutional Court

* Photo: Anadolu Agency (AA) - Archive

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The decision of non-prosecution given for the death of 13-year-old Fatma Elarslan "because she was the member of an organization" has been taken to the Constitutional Court by the attorney of the family.

Having lost her life in İdil in Turkey's Kurdish-majority Şırnak province during the period of curfews in 2016, Elarslan was previously deemed "the member of a terrorist organization" based on the statements of an anonymous witness. Accordingly, the Şırnak Chief Public Prosecutor's Office concluded that "there was no ground for prosecution."

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As reported by the BBC Türkçe, attorney Veysel Vesek appealed against this decision which was notified to the family in February. However, the Şırnak Penal Judgeship of Peace rejected this appeal and concluded that there was no ground for prosecution.

Statements of an anonymous witness

Based on the statements of an anonymous witness named Hilal, the court concluded that 13-year-old Elarslan was "someone who was engaging in armed activities in line with the aims of the organization" and "she was the member of the Kurdistan Workers Party (PKK)."

The anonymous witness reportedly said that Elarslan was "killed in a clash during the operations on Celal Bayar Street of Turgut Özal Neighborhood." The witness also stated that "taking her young age as an opportunity, the terrorist organization propagandized about this issue."

Attorney Veysel Yesek has announced that they have applied to the Constitutional Court and appealed against this decision.

According to Vesek, the state evades taking legal responsibility through this decision of non-prosecution for the child's death:

"Penally speaking, it is not investigated who was responsible for this child's death: The state or the organization? By calling her the child driven to crime, they make Fatma Elarslan, a child who was herself the victim, look like a suspect." (AÖ/SD)