Details of the reviewed draf of the Anti-Terror Law (TMK) were announced on Monday, 14 June. The current version of the TMK stipulates the prosecution of children under the same conditions as the litigation of adults.
Lawyers Mehmet Uçum, Hatice Uçum and Gülçin Avşar from the Justice for Children Group (ÇİAÇ) evaluated the new draft bill.
Stones not accounted for as "weapons"
The lawyers explained the following amendments:
* The current regulation foresees imprisonment of up to three years for children who refuse to leave an illegal meeting or demonstration despite prior warnings. In the amended draft, this punishment was decreased to a maximum of two years.
* Children resisting the police could previously be punished with prison sentences between three and five years. The reviewed version suggests mitigation to six months as the minimum and three years as the upper limit.
* According to the present law, stones were accounted for as "weapons" and children throwing stones to police officers could be tried for "resistance" to the police. The amended draft bill lifts the crime of "armed resistance" and does not account stones for weapons. The current punishment of a five-year prison sentence shall be lifted.
Files tried at the Juvenile Court
* Article 5 of the TMK (Increase of Sentences) shall not be applied to children. In the existing law, the sentence was to be reduced by half for children. Thus, an increase of punishment was lifted.
* Release on probation for children tried under the TMK can currently be granted after the child has served three quarters of his/her prison sentence. The amended version stipulates to release children on probation after having served two thirds of their sentence.
* The draft bill orders to prosecute children at Juvenile Courts only. Current cases tried at High Criminal Courts will be transferred to juvenile courts when the amendments will have been enforced. The files pending at the Court of Appeals will be returned to the juvenile courts. The files of children who have been convicted at high criminal courts already will be overruled by the according court and tried again at the juvenile court.
Children's development and education considered
* The draft bill lifts article 34 of the Law on Meetings and Demonstrations (TGYK). The anticipated prison sentence of between three and five years shall be lifted.
* Article 34 of the TGYK on "Provisions applied to children" shall be amended. The following article is suggested in the draft bill: Children who have been convicted of membership of an illegal organization or spreading propaganda for the first time because of attending an illegal meeting or demonstration shall not be sentenced to prison. "Security measures" shall be implemented instead. This is a provision in accordance with the children's development and education. (SP/EÖ/VK)
