CHILDREN TRIED UNDER ANTI-TERROR LAW

The case of a 15-year-old juvenile who allegedly attended a demonstration on 27 December 2009 was decided in a single hearing at the 7^th High Criminal Court of Adana on the eastern tip of the Mediterranean Sea.

In the hearing on 1 April, the young suspect claimed that he had not attended the demonstration. Nevertheless, the court accepted police records and a picture showing a child from behind as evidence for the child's guilt.

The court sentenced the 15-year-old to imprisonment of six years, three months and eleven days on the grounds of "spreading propaganda for a terror organization" based on the Anti-Terror Act (TMK), and "committing a crime on behalf of a terror organization", "resistance to the police" and "damaging public property" according to the Turkish Criminal Code (TCK). The juvenile was released upon the decision since the "hearing of evidence was completed".

Photograph taken from behind accounted for evidence

Turgay Berk, defence lawyer of the child from the Adana Bar Association, told bianet:

"Once more, a child was penalized based on a photograph which does not provide any identification. The photograph presented as evidence by the court shows a child's back and has nothing to do with my client".

Indefensible allegations

Lawyer Berk explained that his young client stood furthermore accused of breaking the window of a police car. "A suitable device to break a car window was not found with my client. How can a small child break a car window? You need certain strength for that. The child was penalized for 'harming public property' because this allegation could not be proven".

Lawyer Berk filed an appeal with the decision. The file was forwarded to the Court of Appeals.

Subsequent to legal amendments enforced in 2006, juveniles aged 15-18 are currently tried under the same conditions as adults. After criticism voiced by rights defenders, the government prepared further legal amendments to change the regulation which is considered to oppose national and international provisions on children's rights.

The according draft law has not been passed through parliament yet. (SP/VK)