Children Cant be Subject to Adult Treatment
According to information provided by officials of the Diyarbakir Bar Association to bianet, following the recent incidents that took place in Diyarbakir last week, 199 children were placed under custody; 91 were arrested. The Bar Association and the Diyarbakir branch of the Human Rights Association have also stated that there are allegations that children under custody were tortured.
McLoughney, interviewed by bianet, said allegations with regard to detention, arrest and torture had not reached them but emphasized the need to strictly abide by the "The United Nations Rules for the Protection of Juveniles Deprived of their Liberty", known as the Havana Rules.
Children should be held at separate facilities
McLoughney said that under the Havana Rules, officials should provide for the following conditions:
- Children should not be subjected to the same treatment as adults. They should be held in separate facilities and protected.
- Throughout the judicial procedure, there should be officials who have specially been trained with regard to children [available].
- Children should be allowed visits by their families.
- Children should have access to lawyers; they should receive free legal services.
McLoughney said they were conducting a programme together with the Turkish Ministry of Justice on these issues adding that judges and lawyers were being trained. "In all circumstances we suggest abiding by international standards" he said.
"Independent supervision could be an important instrument"
McLoughney further said that independent controls conducted by non-governmental organization at detention facilities could be an important instrument in preventing the abuse and ill-treatment of children in custody or under arrest.
Saying that he felt deeply saddened by the death of children during the incidents in Diyarbakir, McLoughney added, "in such conditions, children should not have been on the streets. Protective measures should have been taken. According to the UN Convention on the Rights of the Child, to protect them is the responsibility of everyone; [and] that means everyone."
McLoughney also referred to the responsibilities of the media and said "in such circumstances, the media should highlight children's rights violations but this should be done through responsible, analytical news coverage.
"UNICEF and bianet's educational programmes related to children's rights and news coverage was very important for these reasons. The sharing of information on children's rights is also a responsibility for journalists." (TK/II/YE)