Turkey: The fight against terrorism must not be used to justify the torture of children

OMCT - SOHRAM
Press Release

International Day in Support of Victims of Torture
Under no circumstances can torture be tolerated

Turkey: The fight against terrorism must not be used to justify the torture of children

26 June 2010, Geneva-Ankara. On this International Day in Support of Victims of Torture, OMCT and SOHRAM wish to denounce the situation of children[1] arrested and detained in the context of the fight against terrorism in Turkey. These last years, hundreds of children from 12 to 17 who took part in demonstrations and public meetings have been subjected to severe repression under the Anti-Terrorist Act. As modified in 2006 (law No. 3713) the law permits children over 15 to be tried as adults. This repression is contrary to international law, in particular the United Nations Convention on the Rights of the Childe.

In addition to the 14 children who were killed during demonstrations between 2000 and 2009, the children who were arrested under the Anti-Terrorist Act[2] are victims of ill-treatment and torture practiced in a quasi-systematic manner during their interrogation. The treatment is generally the same as that inflicted on adults, but the immediate consequences on children are generally more severe because of their inherent vulnerability, and the long-term consequences are particularly harmful for their development. The treatment includes falaka;[3] beating with rubber truncheons all over the body; deprivation of sleep, food, water and toilet facilities; threats of additional and worse torture, including against family members; sexual abuse, including rape; spraying with cold water from high-power hoses; insulting; not allowing the victim to move; forcing the victim to listen to recorded screams of others being tortured; etc.

Once confessions are obtained under torture, the children are tried, judged and sentenced by anti-terrorism courts, also called “Special Heavy Penal Courts”, in total contradiction of international law recognized by Turkey, which states that “the procedure applicable to young people who have not yet attained majority with regard to the criminal law takes account of their age and the desirability of promoting their rehabilitation” (article 14.4 of the International Convention on Civil and Political Rights).[4] These children are often sentenced to terms of up to many years in prison. In this regard, on 23 April 2010, the Director General of Prisons of Turkey announced that 276 children, which is more than 10% of the 2559 children in Turkish prisons, were detained under the Anti-Terrorist Act. According to official figures, between January and April 2010, 16 children were imprisoned under that law in Turkey.

There are no official reeducation programmes. It is organizations like SOHRAM that undertake the rehabilitation and reeducation of child victims, including those who have been sent to prison.

OMCT and SOHAM are also concerned at the manipulation of children by various political groups in the context of their political activities. The strategic use of children for the benefit of these groups exposes the children to grave violations of their rights.

On this International Day in Support of Victims of Torture, OMCT and SOHRAM call on the Turkish authorities to open a national debate on the official violence committed against children in the framework of the repression of terrorism and to implement, in accordance with the relevant articles of the Convention on the Rights of the Child and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment the following measures:

• Reform of the Anti-Terrorism Act in accordance with the Convention on the Rights of the child so that all children under 18 years are exempt from that law;
• Guarantee that every child who is arrested is interrogated by specialized police officers who have been trained in respect for the particular rights of children;
• Ensure that children suspected, accused or convicted of having committed an infraction of the criminal law are tried and sentenced within the framework of a system of juvenile justice by a competent, independent and impartial authority and according to special procedures that respect the best interest of children as well as their rights, including the right to a defence;
• In the case of an allegation of torture or ill-treatment, guarantee an immediate, effective, exhaustive, independent and impartial inquiry whose conclusions will be made public, in order to identify those responsible, to bring them before an independent, competent and impartial court and to apply the criminal, civil and/or administrative sanctions available under the law;
• Declare that evidence obtained or statements made as a result of torture or ill-treatment are not acceptable in courts of law;
• Guarantee effective recourse and adequate reparation, including the indemnisation and rehabilitation of the victims;
• Implement the recommendations of the Committee on the Rights of the Child contained in paragraph 19 of document CAT/C/OPAC/TUR/CO/1, in particular the recommendation that Turkey “amend the Anti-Terrorist Act in order to ensure that children are not tried as adults in ‘Special Heavy Penal Courts’. Children should be guaranteed the protection of juvenile justice standards in ordinary courts and any trials should be conducted in a prompt and impartial manner, in accordance with minimum fair trial standards.”

Contact:
SOHRAM: Yavuz Binbay, Tel. +90 532 345 34 42, Email: sohram@hotmail.com
OMCT: Cécile Trochu Grasso, Tel. +41 22 809 49 39, Email: omct@omct.org

[1] According to article 1 of the United Nations Convention on the Rights of the Child, “a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”.

[2] For the most part, these children, rightly or wrongly, are accused of throwing stones during the demonstrations.

[3] Falaka is a form of torture that consists of beating the soles of the feet of the victim with a wooden stick, rubber tube, etc.

[4] See also article 40 of the Convention on the Rights of the Child, according to which “every child alleged as, accused of, or recognized as having infringed the penal law [has the right] to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society” (article 14.1) and which stipulates that such children are guaranteed “to have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians” (article 14.2(b)(iii)).