Draft Bill Does not Prevent Injustice for Children on Trial!

"If the Parliament should pass the current draft law regarding children who become victims of the Anti-Terror Act, children will no longer be tried at special authority high criminal courts but at juvenile courts. Nevertheless, they will be treated as offenders of terror crimes".

Mehmet Uçum from the Group for Justice for Children Victimized by the TMK (Anti-Terror Act) points out that children will still become victims of the TMK by the draft bill which is expected to be passed through parliament by the end of this month.

"Mitigation of punishment of 20 months maximum"

The amendment regarding article no. 5 on the provision of a 50 percent increase of the penalty will leave out children tried for terror crimes.

The draft bill paves the way to prosecuting 16-18-year-olds before juvenile high criminal courts instead of special authority high criminal courts.

16-18-year old juveniles sentenced to up to three years imprisonment will be able to benefit from their right to postponement or suspension of the sentence or the application of alternative sanctions.

According to Uçum, the only positive result of the draft bill in practice will be the provision to mitigate the children's penalties by 20 months and the prosecution of 12-18-year-old children at juvenile high criminal courts.

Uçum drew attention to the fact that children tried for terror crimes have received prison sentences of up to 24 years, the majority of them was sentenced to imprisonment between 7.5 and 15 years. Uçum emphasized, "An enforcement of the current draft bill would only mean the possibility of a 20-months mitigation of penalty. The victimization of the children would continue and it would increase".

"Status of terror crime offender should not be applied to children"

Children shouting slogans at demonstrations stand accused for "membership of an illegal organization"; the ones who cover their faces are tried for "spreading propaganda for an illegal organization"; children throwing stones at the police but neither harm anybody nor damage anything are charged with "armed resistance against security forces". The lower limit for according punishments is 13.5 years.

The amendment of these provisions is the first demand of the Group for Justice for Children Victimized by the TMK.

Second, the group requests not to apply the status of terror crime offenders to these children and penalties for criminal offenders to be executed in specific circumstances. Criminal offenders can benefit from the right to a conditional release after having served two thirds of their sentence. Offenders of terror crimes on the other hand have to serve three quarters of their sentence before being able to benefit from a conditional release.

The draft bill proposed by the Justice for Children Group envisages a maximum punishment for children of three years in total. Sentences of up to three years can be suspended, conditionally suspended on probation or converted into alternative sanctions.

Uçum explained, "That way, the children would be able to benefit from their right to education and they could make positive contributions regarding themselves and the society. They might make a positive contribution to society since they would learn to express their political views without resorting to violence". (BB/VK)