High Tribunal Court Approves of Killing Kurdish Children

On Sunday 21 November 2004 Ugur Kaymaz, a 12 years old child, was helping his father loading his lorry when the police shot both of them dead. His father was gunned down with 8 bullets. Ugur had 13 bullets in his body. The child was repeatedly shot from his back at very close range. Nine bullets entered his little body through his back. The fact that Ugur was shot from very close range was documented by forensics doctors of the Judiciary.

On 18 June 2009, the High Trubinal Court ruled that the police who shot Ugur from his back together with his father have acted in self defense. How is it acting in self defense, let alone being justifiable by any means, to shoot a child from behind at close range with 13 bullets? What kind of "law" would allow and tolerate such abomination?

Think again... Is PKK really a terrorist organization? Don't you think the real terrorist is the Turkish state that shoots Kurdish children from behind, breaks their arms, smashes their skulls with butt of a weapon, tries and imprisons them as adults, AND sees such abomination justifiable?

The Turkish state is determined that it will either assimilate Kurdish children or annihilate them.

I have a question for those people who insist the PKK should lay down arms unconditionally. Are they willing to protect these children if the Kurdish defence forces lay down their arms? I didn't think so.

State Disciplines Kurdish Children in Prison

Turkey has found a way to educate the Kurdish children. Zaroken Roj (The Children of Sun) are now being educated and disciplined in the prisons. They are tried as adults and subjected to adult sentences. Then the Turkish State and it's brain washed servants wonder why in the earth Kurds still won't feel as part of the state. Afterall the present Turkish state is a terrosit state and Kurds don't condone terrorism. The following article written on 22 April 2009, recently appreaded in Bianet.

[...]
The judges Menderes Yılmaz, Selahaddin Menteş and Ömer Adil Küçük hand down the sentences. Three children are convicted of "taking part in activities in the name of a terrorist organisation without being members of the organisation." This means they receive a sentence "as if" they were members: 6 years 11 months. Another child is also accused of spreading organisational propaganda and violating the law on demonstrations, leading to a sentence of 7 years and 5 months. The two children tried without detention receive a 10-month sentence each for violating the law on demonstrations. This is converted into a fine.
[..]

"Terrorism" and children

According to Article 250 of the Criminal Procedure Code, ratified in 2004, the State Security Courts were abolished and replaced by heavy penal courts with special authorities. These courts would deal with certain crimes. When the Anti-Terrorism Law was amended in June 2006, these special courts were given the authority to try children aged over 15 for crimes defined by this law.

An amendment to Article 13 of the Anti-Terrorism Law meant that sentences handed down to children aged over 15 could not be converted into other punishments or suspended. This meant that the Anti-Terrorism Law and the Criminal Procedure Code started treating children over 15 years old not as children, but allowing their trial and punishment just like adults.

Diyarbakır laws

When, after Öcalan's capture in 1999, fighting stopped, the ruling Justice and Development Party (AKP), which came to power in 2002, seemed to offer a solution to the Kurdish question with a series of reforms aimed at attaining membership in the European Union through democraticisation. However, by 2006, the government seemed to have taken steps backwards even from those limited reforms. It had become clear that it would not make any efforts in the recognition of the Kurdish question or in a discussion of a solution with Kurds.

The changes in the Anti-Terrorism Law came after events in Diyarbakır on 28 March 2006, when the police started shooting into a crowd of thousands of people in a funeral procession for four PKK members. Within five days, ten people died, five of them children. Hundreds of people were taken into custody.

When MPs discussed allowing the trial of 15 to 18-year-olds as adults, they assumed that they could prevent them from joining the PKK. The expected reforms from the government did not happen, and it was clear that it would turn to violence, not sparing children.

Hundreds of children detained, tried, convicted

And this is what happened. Answering the motion of DTP MP Selahattin Demirtaş, Minister of Justice Mehmet Ali Şahin (who left office on 1 May) told parliament that 13 children aged 12-15 and 724 children aged 15-18 had been put on trial under the Anti-Terrorism Law in 2006 and 2007. 319 of them were being tried in Diyarbakır courts. A total of 120 children were convicted under this law in the two years, 88 of them in Diyarbakır.

During the same period, 422 children were put on trial for "founding an organisation with the aim of committing crimes", following Article 220 of the Turkish Penal Code. 107 of these children were in Diyarbakır. In two cases in Diyarbakır, 20 children were convicted. 413 more children, 268 of them in Diyarbakır, were put on trial under Article 314 of the Turkish Penal Code, for "membership in an armed organisation." 34 chidren, 28 of them in Diyarbakır, were convicted. Hundreds of children were handed down punishments with probation, a few were also acquitted.

The number of children affected grew in 2008 and 2009. For instance, a child was crushed by a police tank in Cizre in February 2008 and died. His friends, who took part in his funeral, were arrested. Children took part in Newroz celebrations, demonstrations to mark the birthday of Öcalan, funerals of PKK members or other protests concerning the Kurdish question; the police did not hesitate to act violently and to take them into custody.

[...]

After Adana, Diyarbakır...

According to the Adana branch of the Human Rights Association (İHD), 33 children have received a total of 129 years imprisonment for "membership in a terrorist organisation" in the first three months of this year. Now the Diyarbakır court has started handing down sentences. Lawyers fear that if the Supreme Court of Appeals does not take a different stance and ratifies the decrees, hundreds of children will spend a long time in prison.

Meanwhile, rights activists lobbying for children's rights have intensified. Many journalists have reacted to the issue in the media. The Call for Justice for Children gathered around 900 signatures in Istanbul, and the Justice for Children Initiative has united rights activists in Ankara, Izmir and Diyarbakır and the families of the children concerned. They continue to monitor cases and struggle for change.

During a visit of these activists to parliament in February, MPs from the AKP and the opposition Republican People's Party (CHP) promised to bring up necessary legal changes after the local elections. However, judging by the police operation against the DTP and statements by ministers and the Prime Minister, it seems that the attitude of the government towards the Kurdish question has not changed since the local elections, if it has not become more hardened. Today's 23 April, the "Festival of National Sovereignty and Children" shows those Kurdish children who dare go into the streets, the meaning of "National Sovereignty."

My previous post contained the following in it:

"I became more aware," says the 16-year-old boy, who asked not to be named because of his upcoming court case, where he could face seven years in prison if convicted.

The Prime Minister recently announced that they may lift the ban on speaking in Kurdish in the prisons. So it seems education in mother tongue will be possible in the prison.

Ill Treatment of Children (of Sun) in Turkey

Children are beloved beings and should be treated as such. As their name indicates, they are children, future adults in the making. Most cultures and governments have implemented this simple and universal truth into their laws. You shall not apply the punishment you used for adults to children. It doesn't work. One "advanced democracy" has been practicing the complete opposite of this universal truth. It has been harsh to its child citizens who are Kurdish. Yes, children Zarokên Roj are persecuted in Turkey. We are talking about a democracy in which children are detained because:

"they had had been sweating or were breathing fast, and this had made them suspicious."

[...]

"In our country, a police officer killing a civilian by kicking him and a murderer bombing a McDonald's are released after six years, but children throwing stones are handed 38-year prison sentences. Children will spend their lives in prison for throwing stones, but people who kill others or murderers who throw bombs get away will light punishments and re-enter society."

Full story.

Just a few days ago, a child died because he fell into the river while running away from the police. This child was running so he wouldn't get beaten mercilessly. Another child, who was caught by the police was beaten severely by stock of a rifle. His skull is fractured. The child may die. You can read more on this particular event here and if you choose so, you can watch the video posted. I need to warn you that the video is graphic.

On 22 April 2009, four children were each sentenced to 6 years 11 months in prison. Their crime was to participate in a demonstration organized by the Democratic Society Party (DTP). The court decided these children Zarokên Roj were guilty of "opposing the police" and "acted against the demonstration's law" DTP is effectively the only party that represents Kurds in Turkey and demands Kurds' basic rights. Full story here.

Two children Zarokên Roj performing folk dance in Lice, Amed (Diyarbakir) allegedly carried a portrait of Ocalan. Each child received 6 months 20 days prison sentence. (news on 6 March 2009)

These were all recent events. Just to show you that these practices are not new, I will present two other random examples. The first one is from 2006:

After the funerals in Diyarbakir on 28 March [2006] of four members of the Kurdistan Workers Party (PKK), who had been killed by the security forces, demonstrations escalated into violent protests during which demonstrators threw stones and Molotov cocktails, and damaged property. Four individuals were shot dead by the security forces. In subsequent days, during further violent demonstrations in Diyarbakir and other towns in the region including Batman, Kiziltepe, Siirt and Nusaybin, the number of civilians killed rose to 13, at least four of them children. According to the available autopsy reports most of them died as a result of gunshot wounds. Many demonstrators and law enforcement officials were injured. On 2 April, in Istanbul, three women were crushed to death by a bus which was set alight following a Molotov cocktail attack allegedly perpetrated by demonstrators. During these incidents, hundreds of demonstrators, including children, were detained. The majority of detainees in Diyarbakir alleged that they were subjected to ill-treatment on apprehension, and torture or other ill-treatment once in custody.

The last one is from 2001.

Twenty-eight children aged from 9 to 18 were arrested on 9 January, accused of chanting slogans for the outlawed Kurdistan Workers' Party (PKK). They were allegedly beaten and ill-treated, and detained in cruel, inhuman or degrading conditions. Six of them, aged 14 to 16, remain in an adult prison.

And it goes on...

Do you get the point? Zaroken Roj need to free their children, their future!