Lawyer says justice comes too late for sexual abuse victim

 “I usually don't see defendants in such crimes released,” Başar said. “The court's decision to arrest him for a second time has come too late.”

    A court ruled last week for the arrest of former Vakit daily columnist Hüseyin Üzmez, who had been released pending trial on charges of sexually abusing a minor. Üzmez, 76, who was previously arrested on charges of repeated sexual abuse of minor B.Ç., was released from jail in October pending trial following the release of a controversial medical report indicating that the “physical and mental health” of the minor involved was stable and the young victim had suffered "no physical or mental damage."

The report, however, was contested, with civil society organizations and human rights groups staging protests against the findings. The Council of Forensic Medicine (ATK) later prepared another medical report that stated that the minor was both physically and mentally affected by the repeated sexual abuse.

Üzmez, however, denied the charges and defended himself, saying that he had helped the family of B.Ç. for many years. His lawyers have until July 24 to appeal the court's ruling.

The case has been widely covered in the Turkish media, especially after he made provocative statements on television, saying that any girl is considered an adult in Islam once she has reached puberty.

But observers have noted that many other incidents of abuse remain unreported to authorities and that many countries have no systems in place to record reports of child maltreatment.

For Sunday's Zaman, Başar elaborated on the issue of child abuse.

You have been dealing with child abuse cases for a long time. Is there anything that surprised you about the judicial process dealing with the alleged abuse of B.Ç. by Üzmez?

First of all, I should note that the judicial process is still continuing, and we should not speculate about the case. However, we can comment on what has already become public information. Usually, when there is such a crime, the suspected criminal is arrested. This is not only good for the sake of the child who was subjected to the crime but good for the protection of the offender as well. This is a serious crime, especially because it is a crime against a minor. She was only 14 years old. I usually don't see defendants in such crimes released. It seems like he was released because of his old age. But his release encourages others to commit similar crimes, and he still has the potential to commit a similar crime despite his age. The court's decision to arrest him for a second time has come too late.

Months have passed, and the court case is still going on. Why is it taking so long?

Courts in Turkey are overloaded with criminal cases. They cannot handle and process the cases that they have on hand quickly. There are cases that last for years. Now that he is arrested, he will appear in court every month. If he were not under arrest, the hearing would have been postponed to a much later date.

 What is the penalty in Turkey for sexual abuse of children?

The penalties can go up to 22 years.

 For Üzmez?

For Üzmez, the victim's lawyer said he is asking for 22 years. The penalties go up depending on aggravating factors. For instance, if the offender has a blood or kin relationship to the victim, the penalty is heavier. Penalties are also heavy if the offender is in a position of being a caregiver the victim. Üzmez is also saying that he has been helping the family financially for some time. And the victim's mother, who was arrested, is involved in this case because she was allegedly allowing the abuse of her child for money.

Is the minor B.Ç. protected well enough? There has been a controversy about the ATK's treatment of the minor, especially after a psychiatrist from that institution resigned shortly before the council was due to issue a critical medical report.

The victim is under the protection of the state. When it comes to the ATK, they have an overload of cases waiting for reports. They have too much to handle. We heard about the details of the case because Üzmez is a prominent figure. But there are thousands of cases that we don't hear about.

‘Being a child is hard in Turkey’

What problems do you think children face in Turkey?

They have a lot of problems. Being a child is hard in Turkey. They have problems related to education, nourishment and schooling. Schools are having a summer break, and children are playing on the streets, facing many dangers. There are not enough facilities where children can play and learn. Indeed, schools should be open all day long for children not in morning and afternoon shifts. Children learn a lot in a safe school environment, and they stay off the streets. In addition, the government should take responsibility for nourishing children who are from poor families. I find it absurd that the prime minister encourages people to have three children. Does he guarantee the care of those children? Families should not be encouraged to have children if they are not able to take care of them. And officials should certainly not do that if the government is not going to provide funds for the care of children that families cannot provide for.

 Turkey ratified the International Convention on the Rights of the Child in 1995.

Yes. And it is part of the Turkish Constitution now. According to the convention, the government is responsible to provide care for children who are not properly taken care of. I also want to touch on the condition of the detention centers for children. I hope as a journalist you have a chance to see the condition of those detention centers.

 What would we see if we went there?

Those children are idle most of the time, inside four walls. They stay on bunk beds for hours. No detention center is pleasant, but they are children regardless. I am not exaggerating the situation; this is the least I can say. The state has a chance to mold those children in a useful, beneficial way. The state should use the opportunity while they have those children and educate them. Believe me, children are more responsive than adults when they are approached sensibly and lovingly. The state should increase its budget for the education of children to be able to prevent children from ending up in jail. And the children who are in detention centers should be prepared for life. There are also problems related to migration to big cities.

 Would you elaborate on that?

Families from rural areas migrate to big cities for work, and they have many children. Adults work, and their children are not cared for. A lot of those children wander around and loiter. Some of them become street children and addicts to be able to keep warm in the cold. Some of them are forced to work by their families. We see these children selling tissues on the streets.

Are laws regarding the protection of children lacking?

The main issue is not the letter of the law. There is poor implementation. And there aren't appropriate institutions where laws can be implemented. As I said before, schools are too crowded in big cities, and they lack appropriate facilities for children. We also need to educate educators, for example, about sexual abuse of children. They should know where to report it when they face such cases. There is a hotline “alo çocuk” [hello child] for reporting cases related to children. I once saw some underage beggars in a central İstanbul location and called the number to report it. The response I got was that they were located in Ankara, and they couldn't help because their people were on leave for a national holiday. They told me to go to a police station to report it, and the children should wait at the police station until somebody is available to help them.

Has anything changed since you first became involved in children's rights issues?

There have been a lot of improvements, although not enough. There are police stations designed for children. Police officers who work there have been chosen carefully. When children are questioned, psychologists and sociologists are brought in to support the children's emotional wellbeing and protect their interests. There was only one children's court 15 years ago. Now many more children's courts have opened in İstanbul.

World Health Organization defines child abuse 

Child maltreatment, sometimes referred to as child abuse and neglect, includes all forms of physical and emotional ill-treatment, sexual abuse, neglect and exploitation that results in actual or potential harm to the child's health, development or dignity. Within this broad definition, five subtypes can be distinguished -- physical abuse, sexual abuse, neglect and negligent treatment, emotional abuse and exploitation.

International Convention on the Rights of the Child

Adopted by the United Nations General Assembly in November 1989, the International Convention on the Rights of the Child urges parties to take appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence.

The United Nations Children's Fund (UNICEF) supports countries in implementing such measures, working at an international level to create protective environments for children that are free from violence and recognizing the role that alcohol misuse can play in child maltreatment.

Turkey signed the convention in 1990 and ratified it in 1995. 

UNICEF cooperates with Turkey's SHÇEK on child abuse 

UNICEF officials in Turkey are working alongside the Social Services and Child Protection Agency (SHÇEK) to put an end to violence and child abuse.

According to the World Health Organization (WHO), globally an estimated 57,000 deaths among children less than 15 years of age were attributed to homicide in 2000, with rates highest among infants and very young children (0–4 years).

Reported levels of non-fatal abuse are much higher. In the United States, approximately 906,000 children were found to have been victims of maltreatment in 2003.

Fatma Başar, a lawyer dedicated to children 

Head of the İstanbul Bar Association's children's rights department, she graduated from İstanbul University's faculty of law in 1989 and began practicing law in 1991. She often serves as a court-appointed attorney for minors who do not have the financial resources to hire a lawyer. She teaches educational courses on children's rights to law professionals at the bar association and to teachers in schools.

Recalling the first time she realized how important children's issues are, Başar told a story:

“I was in elementary school, and I was talking to a schoolmate. During the conversation the child was stammering, and I hit her for a reason that I cannot recall. Some days later, I saw her crying in the schoolyard. I asked what happened to her and learned that her father had died. I was so upset. I remember that I thought about who was going to take care of her. Since then I have been responsive to children's problems. It was my dream to become a children's advocate.”