Harsh Penalties Violate International Standards
Berlin – Human Rights Watch stated today that a new Turkish law imposing severe prison sentences on convicted children is likely to cause harm and further distance Turkey’s policies from international standards. The law entered into force on August 18, 2026, allowing courts to impose prison terms of up to 27 years on children aged 12 and above, and life imprisonment for those aged 15 and older.
The organization emphasized that imposing criminal penalties on children under 14 and treating them as adults violates international child rights standards. The law also directs officials to detain children in closed prisons rather than rehabilitation institutions, which are considered the appropriate measure for children who break the law. Instead, Turkey should reform its juvenile justice system to align with best international practices.
Legal Provisions and Sentencing Details
Pell Van Esvelt, Co-Director of the Children’s Rights Division at Human Rights Watch, said, “Any serious crime committed by a child deserves a serious response, but locking children in prison for decades is neither fair nor effective, and may be harmful or counterproductive. Juvenile justice standards are based on science proving that children have the capacity to grow and rehabilitate, so they should not be punished as adults.”
The new law modifies previous maximum penalties for children aged 15 to 17, which were 24 years for intentional murder with premeditation, 15 years for intentional murder, and 12 years for other specific crimes. The amended law allows courts to sentence children in this age group to life imprisonment, as if they were adults, depending on their intent, motive, method of committing the crime, and prior convictions.
For children aged 12 to 14, if the court determines they are unable to “understand the legal meaning of the act and its consequences and control their behavior regarding the act,” they are not criminally responsible, and the court may impose “security measures specifically designed for children.” However, if deemed criminally responsible, the amended law allows courts to sentence children in this age group to up to 27 years in prison for intentional murder and other serious crimes, depending on their intent, motive, and method of committing the crime.
Under the Turkish Penal Code, life imprisonment sentences last “for the lifetime of the convicted person.” A child sentenced to life imprisonment can apply for conditional release after a minimum of 24 years, while those sentenced to “aggravated life imprisonment” can only apply after 30 years.
Shift from Rehabilitation to Detention
The new law also changes the established practice of children serving their sentences in juvenile rehabilitation centers. Children serving longer sentences—more than three years if convicted of intentional crime, and five years if convicted of negligent crime—will be imprisoned in “closed juvenile correctional institutions” and cannot be transferred to rehabilitation centers unless authorized by an evaluation committee.
The law is expected to be challenged before the Constitutional Court, possibly by the opposition Yenilik Party. Human Rights Watch stated that regardless of any constitutional ruling, judges should always use their discretionary power to issue sentences that respect and comply with applicable international legal standards regarding children accused of crimes.
International Law and Scientific Evidence
Turkey is a party to the Convention on the Rights of the Child and is bound by it. The Convention, along with the interpretations and comments of the Committee on the Rights of the Child, provides reliable guidance on these standards. Under international legal standards, states should set the minimum age of criminal responsibility at 14, whereas Turkey sets it at 12. International law also requires states not to treat children as adults but to ensure the full and non-discriminatory application of their juvenile justice system to all persons under 18 at the time of the offense.
Any deprivation of liberty should be for the shortest necessary duration. International experts in juvenile justice developed these standards based on consistent evidence showing that children’s developing brains lack self-control, risk awareness, and the ability to plan or understand the consequences of their actions like adults. Prolonged detention harms children’s growth and undermines their reintegration and contribution to society.
Treating children as adults contradicts the goal of rehabilitation and reintegration supported by international law in juvenile justice. There is consensus in neuroscience and child development that children’s brains change rapidly and undergo critical developments, particularly in the prefrontal cortex, which “affects risk-taking, certain types of decision-making, and impulse control,” as noted by the Committee on the Rights of the Child.
Human Rights Watch stated that focusing on harsh imprisonment for children in response to crime also diverts attention from other necessary steps for public safety. Evidence shows that treating children as criminals does not enhance community safety, and child-centered rehabilitation systems are more capable of preventing harm than harsher penalties. The Committee on the Rights of the Child found that “the prevalence of crimes committed by children tends to decrease” after adopting a system that enhances “the child’s sense of dignity and worth.”
A coalition of Swedish civil society organizations recently identified 100 alternatives to imprisoning children, including strengthening social services, improving mental health care, school support, targeted support for children exploited by criminal networks, and effective assistance to families and communities. The long-term damage of detention on children’s psychological and physical development is well documented, and in the most extreme cases, detention may lead to children’s deaths, according to research.
Van Esvelt concluded, “Punishing children as if they were adults ignores years of scientific findings as well as international law. With this law, the Turkish government has taken a step backward in terms of public safety and children’s rights.”
This report was produced by the HuMedia newsroom.
