Although anti-terror law (TMK) has been modified and more than 100 children who were on trial under this law have been released, because necessary amendments have not been done in the Turkish Penal Code (TCK) the children tried under TCK are not released by the courts.

Victims of the Turkish anti-terror laws better known with “stone-throwing terrorist” are still in custody due to insufficient legal amendments by the Turkish government. Istanbul Heavy Criminal Court Nr.9 refused to release the Kurdish children who have been in custody for 8 months on account of throwing stones to the police during a demonstration. The courts said the cases of the children fall within the scope of the Turkish Penal Code and unlike the other children whose files were within the scope of Anti-terror law the new legal amendments do not apply these children.

The lawyer for the children Filiz Kerestecioðlu said unlike the other children her clients are being charged with the article of the Turkish Penal Code and because the recent amendments are done only in Anti-terror Law her clients despite fact that they were imprisoned on account of the same acts cannot benefit from the amendments. She further says, irrespective of the legislation in Turkey the children should be released under International instruments and jurisprudence of the European Court of Human Rights.

Kerestecioðlu also stated that they challenged the decision from court and applied a higher court however; their demand has not been responded yet. She further said Articles 220/6 and 314 of the TCK under which the children are kept in custody should be amended immediately.