Lawyer Müşir Deliduman started a symbolic one-day hunger strike at the Istanbul Contemporary Lawyers Association (ÇHD) on Friday (15 April) to draw attention to the situation of juvenile Ö.S. and other children being victimized by the Anti-Terror Law (TMK). 14-year-old Ö.S. was taken into police custody on 20 July 2010 in Erzurum (eastern Anatolia). Thereupon, the juvenile was arrested under allegations of "membership in a terrorist organization" and sent to prison.
During the ten months in detention, Ö.S. was transferred to four different prisons. Right now, the juvenile is being incarcerated in a single cell at the L Type Prison in Rize (eastern Black Sea coast). Ö.S. complained that s/he was exposed to maltreatment and insult by the prison staff.
Taken into custody because of his name
Lawyer Deliduman criticized that it was against the law to keep a juvenile in prison that long without even preparing an indictment regardless of the alleged offence. He announced to bring the matter before the European Court of Human Rights (ECHR).
He summarized Ö.S.'s case as follows:
"14-year-old Ö.S. was arrested under allegations of 'membership in an armed terrorist organization' and 'disrupting the integrity of the indivisible state and nation'. Ö.S.'s 22-year-old relative had previously been brought to the same prosecutor's office under allegations of membership in a terrorist organization. When they saw Ö.S.'s name, he was also taken into custody by the anti-terror branch".
"Children cannot be tried under the TMK"
Lawyer Deliduman emphasized that it was contrary to the law to interrogate a 14-year-old juvenile by a special authority prosecutor. Children's activities cannot be evaluated in the scope of the TMK according to Article 10 of Law No. 6008. Furthermore, children cannot be tried under the TMK. However, Ö.S. was interrogated under Article 250 of the TMK in Erzurum.
Deliduman referred to Article 4i of the Juvenile Protection Law (Law No. 5395) stipulating that "Penalty of imprisonment and measures that restrict liberty shall be the last resort for juveniles". "Yet, the prosecution does not implement the law. Ö.S. has been detained for ten months without any evidence under allegations of having 'placed explosives'", the lawyer argued.
He said that an affiliation of the juvenile with any organization could not be confirmed. According to Article 135 of the Criminal Procedure Law (CMK) (Location, listening and recording of correspondence), there are no records of Ö.S.'s communication, no photographs or other footage. Hence, there is no concrete proof or evidence that the juvenile was involved in any activity regarding the disruption of the state, Deliduman claimed.
According to the lawyer, the file of the juvenile was not transferred to a Juvenile Court. An indictment has not been prepared yet.
"Isolation should be lifted"
Ö.S. has stayed at prisons in Erzurum, Bayburt and Rize throughout the past ten months. He is currently kept in a single cell at the Rize L Type Prison, his lawyer indicated.
"I applied to the Rize Chief Prosecution because Ö.S.'s psychology has been seriously harmed. At least Ö.S.'s isolation should be lifted. I also demanded to determine the people who maltreated the juvenile in prison and to punish them. I was not able to receive an answer to that request yet", Deliduman said. (EKN/VK)
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