Children Crowded Jails Under Turkey's Anti-Terrorism Laws

by Pythiian1 | March 9, 2009 at 08:11 pm

891 views | 89 Recommendations | 20 comments

The Convention on the Rights of the Child sets out the rights that must be realized for children to develop their full potential, free from hunger and want, neglect and abuse. It reflects a new vision of the child.

It is unclear when President Obama visits Ankara, Turkey later this month, that he will have any contact with Turkey's human rights activists from Bianet, Human Rights Association Adana (IHD), and Antenna-TR organizations. Turkey is a G20 member.

These activists hope the United States will address an ongoing issue that the Turkish authority has been excessively vigorous in enforcing its anti-terrorism laws, which included arresting and incarcerating children from the age of 13 to18 years old. Although the 2006 Anti-Terrorism Law amendment allowed the Turkish court to charge teenagers aged 15 to 18 years old as adults.

Turkey’s top court of appeals ruled last year that everyone who follows a PKK call to take part in a demonstration can be charged with PKK membership. The ruling also applied to juveniles.

A change to Turkey’s anti-terrorism law in 2006 made it possible to try juveniles accused of PKK activities in criminal high courts instead of in juvenile courts.

According to the Human Rights Association Adana (IHD), Turkey has a history of targeting its youngest population starting with public punishment such as physically breaking their arms to prosecution and incarceration of children up to 20 years, dependent on the severity of the charges made the state.

Freemuse and Antenna-TR reported that 15 members of the children's choir were interrogated and subsequently, charged by the prosecutors for spreading separatist propaganda under Article 7/2 of the Turkish Counter Terrorism Law.

The children were singing an old Kurdish song during their participation in the World Music Festival in San Francisco in Oct. 2007. The children whose ages ranged from 12 to 16 years old were indicted in two separate trials in 2008, on Feb.18 and Apr. 3. Three children are currently serving their 5-year sentences.

Between 2006-2007, Turkey have prosecuted 1,572 children, 174 have been found guilty under the Counter-Terrorism Law. Currently, there is an estimate of 198 children between the ages of 13 to 17 who are serving their sentences, according to Antenna-TR and Bianet.

Minister of Justice Mehmet Ali Sahin revealed that 724 children were detained in 2006 and 2007 for offenses related to the Counter Terrorism Law.

Of these, 319 were tried in courts in Diyarbakır, the focus of Kurdish unrest in Southeastern Turkey.

Another 422 children were tried under Article 220 of the Penal Code during the same period, which penalizes "organizing to commit crime." Another 413 children were accused of "membership of armed organizations", as defined in Article 314 of the Penal Code.

“It is a shame,” said Mr. Ethem Acikalin, the head of the Adana section of the Human Rights Association (IHD), a Turkish human rights group. “Children are being sentenced as a means of deterrence, but it is against human rights. Putting children into prison should only be a last resort.”

According to a report by Mr Acikalin’s rights organization, 16 juveniles between 14 and 17 years of age were sentenced to a total of more than 37 years in prison last year in Adana alone for PKK membership and spreading PKK propaganda. “We are of the opinion that it is impossible to know an organization and its aims at this age and to commit those crimes under orders of an organization. The treatments and rulings on children are incompatible with Turkey's obligations arising from the UN Convention on the Rights of the Child, the Turkish Constitution and the Law on the Protection of Children."

In Oct. 2008, the Human Rights Association Adana (IHD) branch sent a letter to the Ministries of Justice and Interior Affairs, Human Rights Committee in the Turkish Grand National Assembly to request for an immediate halt to numerous cruel practices including breaking children's arms in public for being rowdy.

Police practices, which break the arms of children and other brutal violence should be given up. We ask for justice for the children, who are at the age of primary and secondary schools periods and arrested in Diyarbakir and Adana. The number of the arrested children is about 24 in Diyarbakir and about 22 in Adana. The police's practices of beating children in public and being arrested by judiciary cannot be a practice of democratic state of law. We ask for justice especially for the children.

The Child Rights Information Network reported that six young teens, all around the age of 15, are facing up to 23 years in prison for participating in the street demonstrations in Diyarbakır in Oct.2008.

Bianet.org reported that those children arrested since Oct.19, 2008 are currently on trials in Diyarbakir for terrorism. Some of the children are as young as 13 years old as they have been charged for being members of the Kurdistan Worker's Party (PKK), which is labeled as a terrorist organization by Turkey. The United States also identifies the PKK as a terrorist group.

The rights organizations: Bianet, IHD, Antenna-TR, and ENOC have reported that in some cases, the prosecutors have sought jail time of more than 20 years for some of the accused children.

The lawyer added that four children were arrested for taking part in protests purely on the statements of police officers, without any further proof. According to the expert’s report, one of the other two children was also not filmed on the police video, and it was “doubtful” whether the last child was filmed either.

“They didn’t do anything,” the boys’ lawyer, Vedat Ozkan, said last week. “Police took them from their homes and said they saw them at the demonstration. There was no other evidence in the trial except for the police's testimony. Also, it was dark at the time.”

The boys were accused of membership in the Kurdistan Workers’ Party (PKK), a rebel group that has been fighting for Kurdish autonomy in Turkey since 1984.

So far, in 2009, there are more than 100 children who have been arrested for attending the commemoration of the PKK leader, Abdullah Ocalan, who was captured on Feb.15, 1999. The marbles found in the children's pockets were considered as strong evidence for charges of terrorism by the state as reported by European Network of Ombudspeople for Children (ENOC).

It is an ongoing concern among the Turkish intellectual community that children are being incarcerated for charges as little as carrying marbles to throwing stones to manufactured charges by the police. They have joined force to petition the Turkish government on Mar. 5 to release the children by citing the United Nations Convention of Children's Rights.

A petition signed by 265 Turkish intellectuals initiated the meeting. They urge that courts and the government should respect the universal principles of juvenile justice system.

"These children and families live in poverty and despair," added social worker Ermrah Kırımsoy, citing quotes from face-to-face interviews with several of them.

Speaking on behalf of the families of the concerned children, Mr. Arif Akkaya suggested, "rights and laws are put on hold regarding Kurdish children". He emphasized that those children bear the burden of the ongoing war between the state and Kurdish rebel group PKK. Making reference to PM Recep Tayyip Erdogan's infamous protest at Davos, "Those who shed tears for the children of Gaza blind their eyes to the suffering of Kurdish children," he said.

To date, the Turkish authority has neither responded to the petition nor released any incarcerated children.

Resources:

BIANET - Turkey

Antenna-TR - Turkey

Human Rights Association Adana - Turkey

European Network of Ombudspeople for Children - Turkey

Child Rights Information Network - About CRIN

UNICEF

Freemuse - Freedom of Musical Expression

0 See all footage | View Slideshow

Share: email story | add to any | | facebook | stumbleupon

recommend This comment thread is now closed

Jarrett Martineau

at 20:36 on March 9th, 2009

Thanks for this.

Pythiian1

at 21:22 on March 9th, 2009

Thank you, Jarrett, for your recommendation of my piece and for your interest in children's rights.

zeet

at 21:09 on March 9th, 2009

That is such an important story, Pythiian1.

The European Union, who so willingly are ready to accept Turkey as a member should most certainly take into consideration how children are treated in this country. Turkey is at the same time a preferred destination for tourists from all over Europe, because it's cheap and within easy reach, accompanied by an investment boom in the residential market for country homes.

Before the always santiomonious Europeans attack the American way of dealing with issues concerning humanity, they should take a deep look in the mirror and realize the system of child abusers they themselves are supporting in Turkey.

Pythiian1

at 21:38 on March 9th, 2009

Thank you so much, Zeet, for your recommendation and comments.

I thought it was ironic that Turkey is a G20 member. The EU foreign policies have conveniently side-stepped this thorny issue concerning Turkey's arresting and incarcerating children before their trials, all under the Counter-Terrorism Law. Last week, one 15 years old boy's sentence was reduced from 15 years to 7.5 years for good behavior.

Most of these children are poor and lived in squalor. Based on my research, several pro bono lawyers have pleaded for mercy from the court, but the prosecutors apparently armed with various anti-terrorism laws have always prevailed.

Roy C

at 21:23 on March 9th, 2009

If you haven't seen "Midnight Express", the great film directed by Oliver Stone of a young American's experience of life in a Turkish prison, which he was in for smuggling hashish, then you have to see it.

After you see it, you won't be surprised anymore by any similar storeis coming out of Turkey, once the Byzantine Empire, and on a road downhill ever since "Constantinople" became "Istanbul".

Pythiian1

at 21:41 on March 9th, 2009

Thank you, roy c, for your recommendation.

Paschen

at 21:18 on March 9th, 2009

The dilemma of war and terrorism is that ideals and theory no longer apply nor work.

Turkey is faced with major terror issues and its borders to the south with Iraq do give it much trouble. The EU could help here and Turkey has more then enough trouble as is due to the US lead war in Iraq. Yes Children need to be protected and yet they are used by terror groups to carry out attacks. The US Police and Army does discriminate against Arabs in the same manner because It does fear terror attacks.

Pythiian1

at 21:40 on March 9th, 2009

Thank you, Paschen, for your recommendation and comments.

Karen Hatter

at 17:15 on March 10th, 2009

Thank you for this, Pythiian1.

One can't help but mourn the lost childhood these children have never known.

Pythiian1

at 19:07 on March 10th, 2009

Thank you, Karen, for your recommendation and comments.

I agree with your perspective because tragically, most of these children were physically removed from their homes and families, tried and invariably, convicted and imprisoned all for carrying marbles or singing a Kurdish song. These children's only "fault" is that they are Kurdish.

Roy C

at 17:22 on March 10th, 2009

Turkey's major problem is that it was the last caliphate, with an empire that only got stopped outside the gates of Vienna at a rather late date in history, and at Lepanto, in a famous naval battle.

The secularists of Turkey took over at a certain point but the harshness of the older way of life has never been overcome. The secularists are in a real war with the Muslims who want something much more Shariah-like.

Then the Turks have to contend with the Kurds who want their own country.

Amy Judd

at 17:24 on March 10th, 2009

It is true that things will only start to change when other governments put pressure on Turkey to change their ways. How sad that these children have to endure treatment like this - I think many of the international community just don't even know this is happening.

Pythiian1

at 19:03 on March 10th, 2009

Thank you, Amy, for recommendation and comments.

I'm not so sure that the European countries will risk alienating the Turkish government as Europe as a whole, has not said anything critical about the government for going overboard in implementing the Counter Terrorism Laws. The European countries are quite aware of the goings-on, but have treated the matter as a domestic issue.

Most of my research materials came from a handful Children's Rights and Human Rights groups that are usually for academic consumption rather than the public. In other words, the majority of the media doesn't cover this subject therefore, the public has little way of being informed, even if the people are interested or cared.

chanaka

at 21:40 on March 10th, 2009

It is horrible and shame to see the punishments on the children as we now in modernize world. There should be particular places which they can learn there mistakes and do good for society. Giving them these sort of tortures will make them more violent or lost something for ever in there life

Human rights groups should more active and straight on these laws and educate the public more over on these sort of activities. Laws are impelled by the different countries for there way, but it should be more civilized and respect. Terrorism can be eradicate, but these sort of violence can create more trouble.

Good post and very important as children are our future and if they were destroy form there childhood, future of Turkey will be more dark than this.

Pythiian1

at 21:15 on March 12th, 2009

Thank you, Chanaka, for your recommendation and sharing your thoughts on this tragic issue about children being in prisons in Turkey.

Rhonda J Mangus

at 21:59 on March 10th, 2009

Thanks for this story, Pythiian1! I would like to add that two nations have failed to ratify the Convention on the Rights of the Child (United States and Somalia).

Pythiian1

at 21:18 on March 12th, 2009

Thank you for your recommendation and comment, Rhonda.

Rhonda J Mangus

at 21:32 on March 12th, 2009

You are very welcome, Pythiian1! Thank you for the story!

duo

at 11:13 on March 11th, 2009

Sociopaths are in charge in many governments, corporations, and other positions of responsibility. Here is some information on the condition:
http://www.youmeworks.com/sociopaths.html

Sociopaths don't have normal affection with other people. They don't feel attached to others. They don't feel love. And that is why they don't have a conscience. If you harmed someone, even someone you didn't know, you would feel guilt and remorse. Why? Because you have a natural affinity for other human beings. You know how it feels to suffer, to fear, to feel anguish. You care about others.