The Death Penalty in the OSCE Area–Background Paper 2017 framework, children living abroad are provided with the same services as the children in Turkey. In addition, children who need protection are taken under care in accordance with “Article 5 of Juvenile Protection Law No: 5395”. Care measures are taken in the event that the people responsible for the juvenile are unable to fulfil his/her care duties for any reason. Other OSCE participating States responded that such situations are considered on a case-by-case basis. A number of participating States also recalled initiatives intended to inform discussions between UN Member States, such as a high-level panel event on the death penalty held on 21 September 2016 at the margins of the Ministerial week of the 71th session of the UN General Assembly, co-organized by several countries together with the United National Office of the High Commissioner on Human Rights (OHCHR).57 The panel was intended to inform discussions among states, with a particular focus on the impact that capital punishment has on a broad array of victims, including murder victims’ families, the wrongfully convicted and the “hidden” third parties, including the children of the condemned, legal actors and prison personnel who oversee executions. Additional measures to reinforce the protection of children of parents sentenced to death or executed States that still use the death penalty may put further restrictions on its use considering the impacts on children of parents sentenced to death. Where a moratorium is in place (de jure or de facto) death sentences continue to be handed down and individuals remain incarcerated on death row. The possibility of a return to the use of the death penalty means that for affected children, the risk of their parent’s execution remains. Highlighting this problem can be used in campaigning for the shift to full abolition. Where the death penalty has been abolished, children may still be affected if a parent faces the death penalty abroad. In such cases, states have the obligation to support these children. Depending on the circumstances, it may be necessary for authorities to provide children with support in the form of repatriation or facilitation of visits and contact. Participating States that have abolished the death penalty may not have any influence on the sentencing or execution of a parent abroad. However, their obligation to prevent torture or other ill-treatment within their jurisdiction may require action to alleviate the detrimental effects of the death penalty on children under their jurisdiction. This may include efforts to transfer the death row prisoner back to the home country, but also to provide rehabilitation services to children suffering from their parent’s sentence or execution, as well as additional practical, emotional and financial support to the child to communicate 57  “The death penalty and victims”, Side event at the 71th Session of the United Nations General Assembly, 21 September 2016, <http://www.un.org/webcast/pdfs/160921am-death-penalty.pdf>. 22

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