TURKEY: Children May Be Tried Under New Anti-Terror Law

[ANKARA, 31 July 2006] - The Initiative to Structure Children's Justice System consisting of children rights activists and backed by a number of leading Turkish NGOs has asked for the newly ratified version of the Anti-Terror Law (TMK) to be abolished on the grounds that it violates children's rights.

Initiative representatives Lawyer Seda Akco and Mustafa Ruhi Sirin have written to President Ahmet Necdet Sezer and main opposition Republic Peoples Party (CHP) chairman Deniz Baykal this week, asking them to take the law to the Constitutional Court for it to be abolished due to an article that allows children above the age of 15 being tried by High Criminal Courts for TMK offences.

According to the Initiative, the article contravenes articles 1, 2 and 40 of the United Nations Convention on the Rights of the Child, article 6 of the European Convention on Human Rights and the 37th article of the Turkish constitution that provides special legislation for the trial of minors.

"Children cannot be protected from terror with their most basic rights being restricted and their protection under the constitution being lifted" the Initiative representatives said.

The new law allows all children above the age of 15 to be put on trial at High Criminal Courts in cases which involve TMK offences.

The Initiative argues that with this legislation children will not be tried by a children's court but one that is "offence specific" and under the judicial procedures used for adults.

"Practices based on this law will lead to the violation of children rights" it says.

The initiative for "A Justice System Specific to Children" is supported by the "Children's Foundation, Gundem Children's Association, Association for Solidarity with Youth Deprived of their Freedom, New Freedom for Children Foundation in Turkey and the Foundation to Promote Guidance and Educate Leaders in Higher Education".

Turkey's new TMK entered into force on July 18 2006 and can be challenged in the Constitutional Court up to 60 days after being published in the Official Gazette which sets 18 September as a deadline.

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