AKP's bill: Discrimination among children

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  • 11:07 14 April 2023
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ANKARA - Pointing out that the AKP's 7th judicial package creates discrimination among children, HDP Children's Commission Co-Spokesperson Nuray Türkmen said: "It is only a solution to eliminate the social reaction."
 
The AKP, which closed the last days of the Parliament before the elections by passing laws, recently enacted the Law on the Amendment of the Execution and Bankruptcy Law and Some Laws, which includes new regulations in the judiciary. In the face of rising social reactions after Yusuf Kerim, whose mother was imprisoned, was diagnosed with cancer again, the additional article added to the said judicial package paved the way for the release of prisoners whose children were ill.
 
According to the added article; If female prisoners who are sentenced to a total of 10 years or less in prison or who are commuted to prison terms during the execution of a judicial fine have a child under the age of 18 who is in need of care due to disability or is exposed to a serious illness, the execution of their sentence may be postponed for up to one year by the Office of the Chief Public Prosecutor. The postponement period can be extended up to 4 times, not exceeding 6 months each time, and the timeout will not run in the postponement period.
 
While the AKP legalized the proposal for the temporary release of mothers of children in need with the judicial package, it did not take a step for the children in prison. According to the March 2022 data of the General Directorate of Prisons and Detention Houses under the Ministry of Justice, there are 2,076 juvenile prisoners in prisons.
 
Peoples' Democratic Party Children's Commission Co-spokesperson Nuray Türkmen made evaluations about the bill passed by the Parliament and the juvenile prisoners.
 
DATA IS SHARED WHEN EXPERIENCES OF INJURY
 
Pointing out that there is uncertainty in the number of children staying with their mothers in prisons, Türkmen said: "The general approach of the state and lack of control brought about a state of uncertainty. The institutions working in the field of children periodically explain the number of children in prison with their mother. When we submit a parliamentary question to the Ministry of Justice, we do not get an answer. A method of accessing numerical data through lawyers has to be preferred with a little groping. When this data is shared, it faces a social reaction. The high number of children creates an outrage. When this outrage happened, the Ministry of Justice thinks that it has the right to speak and we see that it shares data.”
 
345 CHILDREN IN PRISON WITH THEIR MOTHER
 
Noting that the Ministry of Justice shared the information that 317 women were detained with their children in the latest data shared by the Ministry of Justice, Türkmen said: "We don't know what happens after 2021, we don't have clear data. As of 2021, we can say that 345 children are in prison with their mothers. We see that there is discrimination among the children in prison, since nothing is done about the women convicted of crimes against the state and the TMK in the regulation of the execution system made during the epidemic period in 2021."
 
DISCRIMINATION, NOT A SOLUTION
 
Pointing out that the amendment was aimed at finding a temporary solution, Türkmen continued his words as follows: “One of them talks about those who have been detained for 10 years or less in the article. Therefore, this does not apply to women who have been detained or convicted for more than 10 years. When we look at it, it has already set a limit here. In other words, he made a distinction between children staying in prison. The second has set the age limit of 18, so when a child over 18 is ill, this is not allowed, that is, his mother is not allowed to go out. Again, he put such an obstacle by making an age hierarchy in terms of age range. The change made to another article is as follows; has set a limit, it can be postponed up to one year, that is, the execution of the sentence is postponed for up to one year and then 4 times, for a maximum of 6 months. When we look at it, it corresponds to a total of 3 years, can a child cure the disease in 3 years?”
 
Expressing that the bill is not inclusive, Türkmen said: "We attach great importance to this, but it is a solution that does not include all children, not all mothers, but only to eliminate the social reaction."
 
MA / Enes Beyaz