ECHR: Turkey Violated Child's Rights

Oktay Güveç was under fifteen years old when he was arrested for alleged PKK membership and tried in a State Security Court. He was kept in prison with adults for more than five years and tried with the threat of the death penalty for 18 months.

Numerous violations

The European Court of Human Rights (ECHR) has decreed that Turkey violated the ban on torture, his right to freedom and security and his right to a fair trial. It has sentenced Turkey to paying Güveç 45,000 Euros compensation and 4,150 Euros legal costs. The court said that the time in prison damaged Güveç psychologically.

Referring to international agreements, the ECHR said that children should only be detained as a last resort and that their trial should be resolved in the shortest time possible. The fact that Güveç was tried in a State Security Court rather than a children’s court, so the ECHR, represented a violation of the right to a fair trial.

Other cases of children in heavy penal courts and prison

This is by no means the only case in Turkey. Currently children accused of “membership in an illegal organisation” after taking part in protests in Diyarbakır, Adana and other provinces are being tried in Special Authority Heavy Penal Courts (set up after the State Security Courts were dissolved) instead of children’s courts.

Changes in the Law on Terrorism in 2006 have made it possible to try children aged 15-18 in these courts.

Recently, two children were sentenced to 21 years imprisonment in Adana after taking part in pro-Kurdish Newroz events in Gaziantep.

Güveç faced death penalty

Güveç was taken into custody in September 1995, following the statement of a witness. He was accused of demanding money for the PKK and setting fire to the car of a person who refused. Güveç admitted to this in his police statement.

12 days later he was brought before the Istanbul State Security Court and arrested. There was no lawyer with him during police and prosecution questioning. Following the old Article 125 of the Criminal Law, the death penalty was demanded. The court case began in February 1996, and Güveç still had no lawyer.

No lawyer for seven months

Güveç said that he was tortured when in police custody and forced to sign his statement. He met with a lawyer for the first time in April 1996. Meanwhile, Güveç was not allowed to see his family in prison.

In May 1997, the prosecution asked for the accusation to be changed to membership in an organisation attempting to destroy the unity of the state. In October 1997, Güveç was sentenced to seven years imprisonment. In March 1998 the court decision was quashed after an appeal.

Evidence of police forcing statements

His case was retried. In November 1999 a police officer told the court that no car had been set fire to. Another witness told the court that he had never been asked for money for the PKK, that his car had not been set fire to. He added that he had never made such a statement to the police, but that he had been presented with a statement and forced to sign it.

Lack of psychiatric support

Meanwhile the lawyer had stopped following the court case. Güveç was taken to hospital because he was experiencing psychiatric problems. In 1999 he attempted suicide twice by setting fire to himself. Despite his condition, it took the court until October 2000 to release him, and his treatment was delayed.

In May 2001, the court sentenced Güveç to eight years imprisonment for “several actions” and membership in an illegal organisation. There was another appeal, but the Supreme Court of Appeals upheld the decision.

Meanwhile, Güveç went to Belgium, where he applied for and received asylum. (EÜ/AG)