Call to action for detention of minors in Istanbul, Turkey

ISTANBUL, MAY 7, 2024 – A CONTROVERSIAL OPERATION RESULTS IN THE DETENTION OF MINORS

We urge human rights activists, journalists, politicians, and lawyers to attend the trial on September 23, 2024, at the Istanbul 24th High Criminal Court to monitor the legal process and help bring global attention to this case.

New York, August 19, 2024 – In a police operation initiated by the Istanbul Chief Public Prosecutor’s Office on May 7, 2024, nearly 40 individuals, mostly young female university students, were detained. Among those detained were 15 minors aged between 13 and 17, who were held for questioning by the Juvenile Division. The minors were taken to the police station for nearly 16 hours, where they were denied legal representation and subjected to psychological pressure. Some of the adults involved were later formally arrested.

According to the indictment prepared by the investigating prosecutor on June 10, 2024, which initiated the legal process, 21 out of the 41 defendants remain in custody, with 37 of them being women. The primary accusation focuses on 12 female university students who voluntarily provided English and religious lessons to middle and high school children at four different homes in Istanbul. These educational activities were conducted with the consent of the students’ parents, while the women also organized religious and social gatherings among themselves.

Widespread Prosecution of Minors in Turkey Under ‘Terrorism’ Charges

The arbitrary application of “terrorism” charges in Turkey extends even to minors under the age of 18. Between 2015 and 2021, 15,258 children were tried for terrorism-related offenses, according to data from the Ministry of Justice. Although age-specific data has not been released after 2021, estimates suggest that close to 20,000 children have faced similar charges.

At least 3,763 of these children were convicted, with 2,225 being sentenced under Article 314 of the Turkish Penal Code for membership in or leadership of an armed organization. Additionally, 1,614 children received actual prison sentences. These figures do not account for cases post-2021.

Rights Violations During the May 7 Operation

On May 6, 2024, Istanbul’s Chief Prosecutor ordered the detention of a suspect classified as a “child dragged into crime” and instructed the police to detain 16 girls aged between 12 and 17 to obtain their testimony. The following day, at around 6:00 AM, the police detained 15 girls from their homes and brought them to the police station. Despite being held “for informational purposes,” the minors were treated as criminals, subjected to forensic medical examinations, and deprived of legal assistance.

Although legally the children should have been approached as witnesses, they were forcibly detained and questioned in a manner more suited to criminal suspects. Their interactions with family members were restricted, with some being threatened during interrogations. Despite Article 31 of the Child Protection Law requiring that minors have access to legal counsel, the investigating prosecutor ordered that the children be denied this right. The police operation also involved questionable practices, such as falsifying statement records and failing to provide a specialist psychologist during interrogations.

After hours of interrogation, the children were returned to their families late at night. The nature of the questioning and accusations highlighted the questionable legality of the operation and the charges brought against them.

Critical Concerns and Call to Action

While national security concerns are legitimate, the protection of fundamental human rights must remain paramount. The detention of minors accused of terrorism for participating in social activities is a clear case of overreach and violates both national and international standards.

The United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime emphasize that children should be treated with respect and compassion, taking into account their age, maturity, and individual circumstances. The operation on May 7, 2024, flagrantly disregarded these principles, leading to violations including discrimination, mistreatment, and psychological harm to the minors.

We call the government of Turkey to immediately take the following actions:

A criminal investigation should be launched against public officials responsible for the unlawful detention, mistreatment, and psychological harm of the minors.
Compensation should be provided to the affected children under Article 141 of the Criminal Procedure Law.
Prosecutor Bilal Çelik, who ordered these actions, should be subjected to judicial and administrative review.
Given the irregularities in the statement records, an investigation into document forgery should be conducted against the officials involved.
The Istanbul 24th High Criminal Court should reconsider its decision to forcibly bring the children to testify, which would only cause additional trauma.
An immediate end must be called to the misuse of terrorism charges against civil society, including activists, journalists, students, and other vulnerable groups.

These events represent a troubling abuse of power and highlight the urgent need for reforms to protect the rights of minors and others unjustly targeted under the pretext of counterterrorism.

For additional information, please do not hesitate to contact us.

Sincerely,

Hafza Girdap
Executive Director

www.silencedturkey.org