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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports on the website here: http://www.crin.org/resources/index.asp.
Please note that the language may have been edited in places for the purpose of clarity.
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- Visits (forthcoming/ agreed on/ requested)
- UN Special Rapporteur on thr rights of migrants
- UN Special Rapporteur on the independence of judges and lawyers
- Working Group on Arbitrary Detention
- UN Special Rapporteur on violence against women, its causes and consequences
- UN Special Rapporteur on the protection and promotion of human rights and fundamental freedoms when countering terrorism
- UN Special Representative of the Secretary General on the situation of human rights defenders
- UN Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
- Representative of the Secretary-General on internally displaced persons
- UN Special Rapporteur on extrajudicial, summary or arbitrary executions
- UN Special Rapporteur of the Commission on Human Rights on the elimination of all forms of intolerance and of discrimination based on religion or belief
- UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Working Group on Enforced or Involuntary Disappearances
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Visits agreed on
- (A) SR on freedom of expression
Visits requested
- (R in Feb 2010) SR on extrajudicial, summary or arbitrary executions
- (R in 2008 and 2009) IE on minority issues
- (R) for follow-up SR on education
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UN Special Rapporteur on the human rights of migrants, François Crépeau
A/HRC/23/46/Add.2
Country visit: 25–29 June 2012
Report published: 17 April 2013
International legal framework: Turkey is a party to all core international human rights treaties and their protocols, with the exception of the Optional protocols to the Convention on the Rights of the Child (para 9).
Detention practices: The Special Rapporteur is deeply concerned about the widespread detention of a large number of apprehended migrants in an irregular situation, including families and children. During his visit he observed that the EU focus on heightening border security has led to an increased prioritization of detention as a solution (para 40).
The Special Rapporteur visited the Edirne Province at the Greek border. While he welcomes the efforts deployed to rescue numerous persons attempting to cross the river into Greece by the local authorities, he regrets that these people, including those who are in a regular situation in Turkey, are automatically detained. Furthermore, several of those detained had been separated from their spouses and/or children while trying to cross the river, and were desperately trying to reconnect with them, but did not receive any assistance from the authorities in this respect (pra 41).
The Special Rapporteur recommends that the Turkish Government to refrain from detaining children and families with children, in conformity with the principle of the best interests of the child and family unity; refrain from detaining asylum seeking children up to the age of 18 years (paras 97, 106).
Poor detention conditions: The Special Rapporteur also remains disturbed about the conditions in these removal centres: detainees, including children, are often locked in their rooms or wards, and are given little or no access to outdoor areas. Overcrowding and unclean conditions, including inadequate food, are also significant concerns. Edirne removal centre seemed overcrowded, even though approximately 400 detainees had been released the day before the Special Rapporteur’s visit, and the centre was clearly understaffed. The guards had difficulties controlling the detainees, many of whom were desperately trying to talk to the Special Rapporteur during his visit. In the Edirne removal centre, the detainees who could afford to do so, bought snacks from a small shop inside the centre, as they did not receive adequate food. They also had to purchase their own soap. Access to medical care was insufficient. The Special Rapporteur met with several detainees who had visible health problems, but who did not receive any medical care. Some of them had been seen by a doctor in the removal centre itself, but had not been given proper treatment (para 54).
The Special Rapporteur was particularly concerned at the presence of children at both Kumkapi and Edirne removal centres, detained together with their parents and other adults. He was also concerned at the separation of children from their parents; when apprehended with their mothers, boys over the age of 12 are automatically separated from their mothers and placed in orphanages. Article 59(ç) of the Law on Foreigners and International Protection provides that the best interests of the child shall be respected, and that separate accommodation shall be provided to families and unaccompanied children. The Special Rapporteur is concerned that the new law does not limit or discourage the detention of migrant children, and he strongly recommends that unaccompanied children, as well as families with children, should not be detained, but rather be subjected, if necessary, to non-custodial measures. For families, this should apply to the whole family, in accordance with the best interests of the child, and the right to family unity (para 57).
Access to education: The Special Rapporteur is concerned at the difficult access to education, health care and other basic services for migrants in Turkey. Access to any public service is dependent on obtaining a foreigner identification number, which migrants in an irregular situation are unable to obtain. The requirement to have a foreigner identification number in order to access any form of public service means that irregular migrants, including children, are not able to receive education or to get treatment for health problems. Article 42 of the Constitution provides that no one shall be deprived of the right of learning and education; however, it also provides that primary education is compulsory for Turkish citizens only. This constitutes a violation of the Convention on the Rights of the Child (para 69).
The Special Rapporteur encourages the Turkish authorities to provide access to basic services to everyone living in the Turkish territory, regardless of their immigration status, in accordance with international human rights standards, including the Convention on the Rights of the Child and the International Covenant on Economic, Social and Cultural Rights, both of which Turkey is a State party to. In particular, the requirement of the foreigner identification number should not be a bar for children being admitted to the mandatory public school system or to the receiving health care they require (paras 70, 112).
UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul
A/HRC/20/19/Add.3
Country visit: 10-14 October 2011
Report published: 12 May 2012
Capacity-building: The Special Rapporteur acknowledges the important work carried out by the Justice Academy of Turkey and the efforts it is undertaking to enhance professionalism within the judiciary. Cooperation with other institutions, including academia and bar associations, should be strengthened with a view to further include academics, jurists and lawyers in the training programmes and modules. The continuous training could also be improved and shaped to regularly train judges, prosecutors and lawyers in human rights issues and juvenile justice, as well as in gender issues, in particular when women are victims of crimes. She emphasizes that one of the aims of training and capacity-building should be to strengthen the impartiality of the judiciary so that judges and prosecutors can better serve both the institutions and the society as a whole (para 71).
The involvement of lawyers and bar associations in the training modules should be encouraged. The continuous training should also be improved and shaped so as to regularly train judges, prosecutors and lawyers in human rights issues, juvenile justice, and gender issues (para 106).
Working Group on Arbitrary Detention
Date of last visit: 9-20 October 2006
Issues of concern:
Juvenile justice: Although the 2005 Child Protection Law constitutes a very significant step forward, the Working Group remains concerned about some aspects in which the juvenile justice system does not sufficiently take into account the specific vulnerability of minors suspected of an offence. The time limits concerning police custody and remand detention are the same for minors in the 15-18 age group as for adults. Moreover, the provision whereby "in case it is considered imperative" the adult court dealing with a case also involving a juvenile defendant may decide to join the minor's case to the adult trial can in many cases nullify the important guarantee of specialised prosecutors and courts. This is the rule for cases involving terrorism (which is, according to the Working Group, overly broadly defined), which are tried before the special chambers of the Serious Crimes Court, also where the defendant is a minor. (para 81)
The massive arrests and detentions of minors following the riots in Diyarbakır from 28 March to 1 April 2006 provide evidence that these concerns are not only of a theoretical nature. More than 200 minors were apprehended during and following the riots, 94 of them were taken into police custody (16 of them in the 12-15 age group), and 60 were remanded into custody on charges, including being members of an armed organisation, and remained in detention in a special wing of the Diyarbakır high-security prison three weeks after the incidents. The Working Group expressed relief that, at the time of its visit, all children arrested in connection with the riots had been released from pretrial detention. According to the report of an inquiry into the events by several bar associations, the families of the children were not informed after the apprehensions and the earliest interview with lawyers took place 12 hours after apprehension. (para 82)
In addition to the concerns raised by some aspects of the legislation, the Working Group expressed concern about the delays in the implementation of the new juvenile justice law. At the time of its visit, the Working Group was informed that specialised prosecutors' offices and courts had been established in only nine cities. There is a great shortage of social workers, who play a key role in the juvenile justice system designed by the new law. As a result, their twofold function in the process - assisting the court by carrying out a "social inquiry" into the juvenile offender's circumstances and assisting the minor during the process, particularly during interrogation – is seriously compromised. Moreover, it would appear that the scarcity of social workers is causing delays in the system, contrary to article 10 (2) (b) of ICCPR, which states that "accused juvenile persons shall be ... brought as speedily as possible for adjudication". (para 83)Finally, the Working Group heard the concern expressed that the principles whereby juvenile cases should be adjudicated as speedily as possible and the "penalty of imprisonment and measures that restrict liberty be the last resort for juveniles" have not yet fully been assimilated by the justice system. (para 84)
Children with disabilities: The Directorate for Social Services and Child Protection (SHÇEK) is a government authority charged with taking care of minors in economic or social difficulty. SHÇEK manages institutions receiving both minors and adults with mental disabilities called "rehabilitation centres". While nearly all SHÇEK institutions are open, the rehabilitation centres have some closed wards, i.e. persons accommodated in those wards are in fact deprived of their freedom for their own protection. (para 16)
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UN Special Rapporteur on violence against women, its causes and consequences, Yakin Erturk
(A/HRC/4/34/Add.2)
Country visit: 22-31 May 2006
Report published: 5 January 2007
The full report is relevant to children's rights, download this here: http://www.crin.org/resources/infoDetail.asp?ID=24996&flag=report
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UN Special Rapporteur on the protection and promotion of human rights and fundamental freedoms when countering terrorism, Martin Scheinin
(A/HRC/4/26/Add.2)
Country visit: 16-23 February 2006
Report published: 16 November 2006
Displacement: Interlocutors both within Government and from the non-governmental sector voiced concern over the numerous obstacles for IDPs in the enjoyment of their economic and social rights. Many work in the informal sector or are unemployed, which means that they are often excluded from social security, which in turn excludes them from most forms of health care, although IDPs frequently have increased health-care needs, e.g. because of malnutrition. These circumstances render IDPs particularly vulnerable to child labour. Access to education is a problem for many IDP children. Non-governmental actors underlined the grave psychological consequences of the violence and displacement: many IDPs still suffer from post-traumatic stress syndrome and depression, and do not receive adequate treatment. (para 35)
Compensation to victims of terrorism: The Act on the Compensation of Losses Resulting from Terrorist Acts and Measures Taken to Fight Against Terror (Law No. 5233; subsequently, Compensation Act) and the application of it was an important theme during the Special Rapporteur's mission, in that it provides one of the few examples of systematically addressing the issue of compensation to victims of terrorism. (para 40)
Reports indicate that some vulnerable groups who do not have constant access to sources of information through broadcast and print media risk being omitted by the compensation process. This may include women, single mothers, children, the elderly and handicapped, if information on the act and how to file claims is not widely available and conscious efforts are not made to reach out to such groups. (para 45)
Access to education for girls: The Special Rapporteur considered the right to education a key right for ensuring inclusion and non-discrimination amongst all groups of the population. He particularly noted the disparities in enrolment between girls and boys, where the differences are particularly pronounced in the East and South-East. The Governor of Diyarbakir Province stressed that problems in the area of education are now openly recognised and discussed. Action has been taken by the Government, such as campaigns aiming at improving enrolment in primary education, in particular of girls (first eight school years) - now at 96 per cent in Turkey overall and 92 per cent in Diyarbakir city. For secondary education it is about 30 per cent less. Similarly, significant differences exist in the level of school enrolment for boys and for girls, with that of girls being markedly lower. (para 62)
The Ministry of Education reported on different programmes that address the particular situation concerning education in the South-East. However, it was also pointed out that school attendance is low also in many urban settlements, particularly Istanbul. Special schemes are in place to encourage school enrolment, particularly in the South-East and East and the low rate of enrolment of girls has also been addressed in the "Let's go to school, girls!" campaign. (para 63)
Use of the Kurdish language: No system is in place to ensure that children of non-Turkish mother tongue can adequately follow classes taught in Turkish. Whereas private Kurdish-language courses opened in the towns of Batman, Sanliurfa, Diyarbakir and Van in January 2004 (following Law No. 625 on opening private courses to teach languages and dialects traditionally used by Turkish citizens in their daily lives), they all closed down in 2005 due to "financial difficulties". Unofficially, the reasons are said to have been obstacles stemming from the stringent requirements laid down by the licensing decree and other forms of administrative controls. Also, article 42 of the Constitution continues to prohibit the teaching of non-Turkish mother tongues in State schools. The Special Rapporteur observes that this prohibition, if mechanically applied, can effectively block access to schooling of children with a mother tongue other than Turkish. At least initial immersion in the mother tongue might be necessary to create the basis for learning and preventing school dropout, which is said to be more widespread among Kurdish children than among others. (para 69)
The Special Rapporteur praised the fact that parents are now permitted by law to give their children Kurdish first names, even though a circular prohibits them from choosing names including the letters Q, W or X, which exist in the Kurdish language but not in the Turkish alphabet. (para 70)
The Special Rapporteur expressed the opinion that, in the long run, full respect for economic, social and cultural rights helps to eliminate the risk that individuals make the morally inexcusable decision to resort to acts of terrorism; and in order for all inhabitants of Turkey to fully enjoy their human rights without discrimination and to feel fully included in society, persons belonging to different cultural and linguistic groups, including the Kurdish population, should enjoy protection of their cultural, linguistic and religious rights, including the possibility to freely use their language in public and private. In particular, effective access to education for the Kurdish population should be enhanced through, at least, initial immersion in their mother tongue. (para 92 c and d)
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UN Special Representative of the Secretary General on the situation of human rights defenders, Ms. Hina Jilani
(E/CN.4/2005/101/Add.1)
Country visit: 10-21 October 2004
Report published: 16 March 2005
No mentions of children's rights.
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UN Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
(E/CN.4/2005/44)
Country visit: 10-19 March 2004
Report published: 18 January 2005
No specific mentions of children's rights.
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Representative of the Secretary-General on internally displaced persons, Mr. Francis Deng
(E/CN.4/2003/86/Add.2)
Country visit: 27-31 May 2005
Report published: 27 November 2002
Situation prior to visit:
Reports reviewed by the Special Representative indicated a lack of access for displaced persons to adequate health-care facilities and a need to address psychosocial problems affecting displaced women and children. Attention was also focused on the disruptive effect which displacement had had on education, including reports of serious overcrowding in schools in urban areas and a shortage of teachers. In June 2001, the Committee on the Rights of the Child expressed concern at the limited access of displaced children in Turkey to housing, health services and education, and recommended that the Government, in line with the Guiding Principles on Internal Displacement, ensure that displaced children and their families have access to appropriate health and education services and adequate housing. The Committee was also concerned at the significant number of street children, many of whom were said to come from displaced families, and noted that assistance was generally only provided to them by NGOs. It recommended that the Government support existing mechanisms to provide such children with adequate nutrition, clothing, housing, health care and educational opportunities, in order to ensure their full development. The Committee also stated that the Government should ensure that these children are provided with rehabilitation services for physical, sexual and substance abuse, protection from police brutality, and services for reconciliation with their families (CRC/C/15/Add.l52, paras. 59, 60, 63 and 64). (para 11)
Displacement: While willing to discuss the causes of displacement, government officials were concerned primarily with explaining the steps which the authorities were taking to facilitate the return and resettlement of those displaced by the violence in the south-east. There was a tendency not to refer to the equally pressing issue of the current conditions of the displaced. The Special Representative stresses that while the reduction in violence in the south-east and the possibilities which this presents for return is a positive development, it is important not to lose sight of the need to address the existing problems facing the displaced, which are by no means insignificant. In meetings in Ankara and Diyarbakir, NGOs reiterated many concerns, in particular the need for greater employment opportunities, improved housing conditions, greater access to educational and health facilities, and psychosocial care for women and children. (para 15)
The Special Representative recommends that the State increase its efforts to address the current conditions of the displaced. It should recognise that the return of the displaced to their original homes and lands may be a lengthy process and that there is a need, in the meantime, to enhance its efforts to address their current conditions, which are reported to be poor, in cooperation with NGOs and United Nations agencies. It should be acknowledged that many of the social and economic problems affecting the displaced also confront the host communities and that measures to address these are ongoing, including within the context of the South Eastern Anatolia Project (GAP) and in cooperation with local NGOs and United Nations agencies. However, attention should be paid to addressing those problems that are specific to the displaced, such as access to adequate housing, health care and psychosocial care for women and children. (para 35)
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UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns
(A/HRC/23/47/Add.2)
Country visit: 26-30 November 2012
Report published: 18 March 2013
Unlawful deaths in counter-terrorism operations: Of great concern are the events that occurred near Ortasu (Roboski) village in the Uludere District of Sirnak Province on 28 December 2011, when Turkish military jets bombed and killed 34 civilians, 17 of whom were reportedly children. The individuals were apparently carrying out smuggling operations over the border with Iraq, possibly for subsistence purposes. They reportedly did not exhibit aggression, and no attempts to engage with them non-lethally were undertaken. The Special Rapporteur is concerned that the judicial investigation has not yet made significant progress at the time of drafting this report; he stresses the need to ensure a prompt, effective and impartial investigation into this incident, with the aim of bringing those responsible to justice (paras 22, 23).
Deaths resulting from attacks by armed groups: The Special Rapporteur heard in particular of the recent bombing in the city of Gaziantep which occurred on 20 August 2012 and reportedly left 10 people dead, including four children. Terrorism poses serious threats to the right to life of law enforcement officials and, in particular, of innocent civilians. The State has a duty to protect its people against such attacks, by taking the necessary measures to prevent their occurrence, bring to justice the established perpetrators, and ensure appropriate compensation to the victims of such attacks and their families. As already stated, this challenge needs to be confronted in strict compliance with applicable international human rights standards (paras 37, 38).
Deaths resulting from violence against women: Several interlocutors in Turkey stated that a distinction should be made between honour killings and other types of killing of women. According to them, in the case of honour killings, in which the perpetrator evokes honour as the motive for killing, the family assumes the role of the judge and organizes and executes the killing. According to information received, recent trends consist of having a younger member of the family perform the execution, because if punished, the minor would receive a lighter sentence due to age, or of forcing the victim to commit suicide so that there is no identifiable perpetrator (para 40).
UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir
(E/CN.4/2002/74/Add.1)
Country visit: 19 February – 1 March 2001
Report published: 18 December 2001
The right to life: The Special Rapporteur received reports of children being killed by security forces. On 19 February 1999, Necmettin Kahraman (17 years old) was allegedly fatally shot in Kiziltope, in Mardin Province. The incident reportedly occurred when security forces fired on a non-violent demonstration calling for independent monitoring of Abdullah Oçalan's trial. The Special Rapporteur was told that no investigation was carried out. (para 67)
On 16 August 1999, Paban Cadyroolu, 14 years old, was reportedly beaten to death by a police officer in Van. The father of the victim and other witnesses were allegedly coerced into withdrawing their complaint and testimonies in this matter. At the time of the Special Rapporteur's visit the case was being investigated. (para 68)
Convictions are few and far between. The sentences in some cases are an insult to the norms of justice. A particular case which came to the attention of the Special Rapporteur disturbed her, as the punishment pronounced indicates the value attached to the life of ordinary citizens by the trial court. On 9 January 1996, Cetin Karakoyum, 14 years of age, died of a gunshot wound in the head during incommunicado detention at Magazalar police station in Mersin. A few months later, a police officer was convicted of "negligence and carelessness" and was fined around US$ 30. (para 69)
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UN Special Rapporteur of the Commission on Human Rights on the elimination of all forms of intolerance and of discrimination based on religion or belief, Abdelfattah Amor
(A/55/280/Add.1)
Country visit: 30 November – 9 December 2000
Report published: 11 August 2000
General context:
While secularism is proclaimed as the cornerstone of Turkish policy, it must be noted that this secularism does not involve a strict separation between State and religion. On the contrary, it is a militant secularism whereby the State has completely taken over religious affairs in order to prevent them from having any political influence. With a large Department of Religious Affairs that manages the whole field of religious education, and with the compulsory religious and ethics courses given in primary and secondary schools, the State exercises control and supervision over the majority religion, Islam. (para 59)
Minorities and education:
The Patriarchate: The Patriarchate (a religious minority) is facing difficulties in administering its schools and in enrolling students. Its institutions must be administered by a "Greek headmaster" of Turkish nationality, seconded by an assistant headmaster of Turkish nationality who is not an Orthodox Greek. The authorities often fail to appoint a headmaster, thereby leaving the school's management in the hands of the Turkish assistant headmaster. Moreover, according to Turkish regulations, for a child to be enrolled, he or she must have a Greek second family name and at least one Greek parent. In other words, children of parents belonging to other Christian confessions are not allowed to attend the schools of the Patriarchate. (para 76)
Armenian Catholic and Protestant churches: The Protestant Church representative noted that both the security authorities and the education authorities prohibited any child not recognised as Armenian from attending Armenian schools. Children have therefore had to be withdrawn from the schools, even though most of them were in fact Armenians (following the events of 1915, many Armenians converted to Islam to escape death, and then, having moved to the major cities, they returned to the Christian faith; however, these facts are not recognised by the authorities). It was suggested that the situation constituted discrimination, since, in contrast, anyone may attend French or German schools in Turkey. (para 94)
The Catholic community: The rule requiring appointment of a headmaster from the minority community and a Turkish assistant headmaster in educational establishments remains in force. As regards the compulsory religion and ethics course, exemptions may be granted for Christian children. However, since most pupils in Catholic schools are Muslims, Christian parents are hesitant to seek such exemption for their children, for fear that they will be criticised or feel excluded by their Muslim classmates. (para 104)
The Protestant community: With respect to educational establishments, the Protestant representatives declared that their children were entitled to an exemption from religious and ethics courses, but that the compulsory nature of those courses constituted a form of pressure on families and children, since those who sought exemptions risked rejection and ostracism by the majority. They also reported that they had submitted a complaint to the Minister of Education concerning school textbooks that promoted, as they saw it, a message of intolerance again non-Muslims who, through references to the Crusades, were insidiously accused of hostility to Islam, and that portrayed as well a vision of Muslim Turks constantly triumphing over non-Muslims. Their demands for revisions to these textbooks have been met, to date, with silence on the part of the authorities. (para 112)
Syriacs: When it comes to the religious and ethics courses in the public schools, Syriac children are eligible for exemption. Nevertheless, such exemption poses two kinds of difficulties, particularly in southeastern Turkey: on one hand, parents do not ask for exemption for fear of ostracism, and on the other hand some schools refuse to respect this exemption, even when it has been formally approved in advance. (para 119)
Christians: The Christian minorities face a number of difficulties with their schools: in some cases the authorities refuse to appoint headmasters from the community, and they are not allowed to accept students from outside their own community (which poses a particular problem for Armenian Catholic and Protestant children whose status is not recognised by the authorities). (para 150).
Recommendation
The Special Rapporteur recommends that the Government should guarantee the proper functioning of minority educational establishments, by removing obstacles to the appointment of headmasters. The issue of enrolment for children not belonging (or not recognised by the authorities as belonging) to the minority running these establishments (as is the case with Armenian children) should be examined by the Working Group on Minorities of the Sub-Commission on the Promotion Protection of Human Rights, and by the Special Rapporteur on Education. (para 160 f)
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UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Nigel Rodley
(E/CN.4/1999/61/Add.1)
Country visit: 9-19 November 1998
Report published: 27 January 1999
Street children: Some specific problems exist with regard to children. The phenomenon of the torture of street children, generally charged with stealing, is increasing, especially following the recent immigration from the south-east to large cities like Istanbul and Ankara. For example, five children between the ages of six and eight were allegedly tortured on 4 June 1998 at the Security Directorate in Beyolu, Istanbul. Asrin Yesiller (7 years old), Yamur Tanrisevergil (8 years old), Sultan Tanrisevergil (6 years old), Mihriban Tomak (6 years old) and Inanç Çaki (8 years old) were reportedly beaten and sexually harassed by police officers. The certificate issued by the Forensic Medicine Institute stated that the children could not work for seven days. With respect to children in general, it is a cause for concern that special protections for minors, including the immediate provision of a lawyer, is considerably narrowed when they are accused of a crime falling under the jurisdiction of the State Security Courts. (para 17)
Treatment in custody: The Special Rapporteur visited the Ankara Central Prison, the E-type prison in Diyarbakir and the Samalcilar prison in Istanbul (Bayrampasa) in order to interview prisoners on remand about their treatment in custody. In Ankara, the Special Rapporteur was not allowed to visit the wards on the grounds that the presence of inmates with psychological problems (depressed or drug addicts) could have been dangerous for his security. Here, a group of young students, allegedly members of a "Revolutionary People Salvation Army Front", refused to be interviewed individually by the Special Rapporteur. One of the girls was noted to have large bruises under both eyes. It was not possible to receive an explanation from her as to how she got these bruises. The Anti-Terror Branch, which held her in custody for some days, explained that these bruises were caused by her resisting the police at the moment of her arrest. In Istanbul, some of the people on remand for ordinary crimes testified that they had been tortured or ill-treated while in custody, as did some of the political prisoners in Diyarbakir. (para 23)
Conditions in prisons: It was reported that often juvenile prisoners are kept in the same wards as older prisoners. The Special Rapporteur met Sevgi Kaya, an alleged victim of torture, who declared that when she was 15 years old she was kept in Bayrampasa prison in Istanbul in an ordinary ward. (para 24)
Impunity: The widely reported Manisa case in which 16 teenagers were arrested on charges of being members of an illegal organisation and detained in December 1995 by the Anti-Terror Department of the Manisa Security Directorate demonstrates the extreme difficulties encountered in prosecuting police or security officials who have committed an act of torture. Following their detention, brief family visits enabled the detainees to inform their families of their claims that they had been tortured. The families immediately filed a complaint with the public prosecutor and the students were sent for a medical examination at the request of the families. At this examination, the students claim that police officers stood next to them and the doctors did not conduct a physical examination, nor did they ask them any questions about their physical complaints or trauma they might have suffered. The medical certificates issued included no explicit confirmation that torture had taken place. (para 90)
The families then tried to arrange an independent medical examination and the Izmir Medical Chamber requested permission to examine the students, but was denied access to them. However, based on the official medical reports, questionnaires that it used to record the students' accounts of torture and their physical complaints, and hospital records, the Medical Chamber concluded that the students had been subjected to a range of torture techniques. (para 91)
Despite this report, the prosecutor refused to open a case against the police. Subsequent medical examinations conducted following the students' release from detention revealed deformation in their ears from cold water spray, injuries from the squeezing of the boys' testicles, tuberculosis and that they suffered chronic pain from electrical shocks to their genitals. Once again, despite this medical evidence, the prosecutor refused to open a case. Finally, after intense media coverage and pressure from a Member of Parliament from the region, who appealed to the President, the prosecutor opened a case against the police on 4 June 1996, six months after receiving the allegations. (para 92)
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Working Group on Enforced or Involuntary Disappearances
(E/CN.4/1999/62/Add.2)
Country visit: 20-26 September 1998
Report published: 28 December 1998
No specific mentions of children's rights.