War Kills! No to War! We Want Peace!

21 Jan 2018

The statements of the Turkish political authority regarding military intervention into Afrin in Syrian lands turned into a hot war on 20 January 2018. The air operation to Afrin was launched subsequent to the statements of the President of the Republic and then of General Staff. Additionally, it is understood from the images of the press that the ground assault was also launched together with the participation of the so-called Free Syrian Army (FSA) consisted of nondescript paramilitary groups which were transported into Syrian lands through Turkey.

In our previous statements we warned the political authority and announced our attitude towards not entering into such a hot war.

Although there is an attempt to gloss over some clear facts of war, we would like to share the basic, ordinary truth once again:

War kills, mutilates, causes immigration, affects especially children, women, LGBTI+s, is the source of grave human rights violations, particularly torture; leads to deep traumas in societies’ emotional worlds to be handed over new generations; war is ecological destruction, war wipes out economic sources.

Specifically we would like to share with the public that there are issues in the statement made by the General Staff on 20 January 2018, which do not satisfy the democratic public opinion and are contrary to the law and legitimacy.

First of all, in order for Turkey to carry out military intervention in Syrian and Iraqi lands, the need for an UNSC decision is known by anyone. The Article 91 of the Constitution requires this. The authorisation for use of force issued by the Government is not sufficient for this action. In the statement of the General Staff, they addressed to the UNSC decisions with regard to counter terrorism. However, these decisions are not regarded with the organisations declared by the UNSC as terrorist organisations. As known by the General Staff, the so-called Daesh is included in the justification for the operation. The whole world knows that there is no Daesh in Afrin. Under this circumstances, performance of military aggression into lands of another country by justifying the organisations which are not addressed in the UNSC decisions is not valid before the public opinion and UN. Moreover, the threats and attacks from Syria’s Afrin to Turkey must be concretely put forward. Such an attack (other than harassment fires at the border) has not been declared to the public. Therefore, the basis for the Article 51 of the UN Charter is not formed.

It is also remarkable that the justification for an aggression meaning declaration of war was announced by the General Staff. The Parliament and Government are actually deactivated.

It is indicated in the statement by the General Staff that maximum care will be given for preventing civilian casualties. However, as a result of the aggression performed, the news and images indicating tens of civilian injuries and deaths in the several media outlets raises deep concerns. Turkey is a party to the Geneva Conventions and should be aware of its responsibility of actions. We would like to share once again our concern that the possibilities in Afrin where hundreds of thousands of people live may give rise to humanitarian catastrophe.

As indicated above, we would like to state that the threat required for Turkey to attack Afrin region is not concretely available. The impression is taken that Turkey started a warmongering action which can lead to grave sufferings as such in order for the political authority in Turkey to continue its oppressive and authoritarian character and State of Emergency. Assessing as a threat the government established by the communities being relatives and cognates of the Kurdish and Alewite people living in Turkey together with other peoples is contrary to democracy and human rights. This situation may give rise to profound polarisation between the peoples who want to live together with peace in Turkey, and endanger Turkey’s domestic peace. We invite the political authority to back down from this lunatic warmongering actions. We call on the political authority once again:

Back down from the policies based on war, conflicts inside and outside country. There is an opportunity to live together with all the peoples and belief groups within the scope of the democratic rules as long as the will for solution of these problems is demonstrated in peaceful and democratic ways. Just like numerous examples in the world, Turkey needs genuine conflict resolution for the solution to the Kurdish Question.

Turning the process of 15 July 2016 coup attempt, which was successfully suppressed, into a counter-coup and ruling the country through State of Emergency as of 20 July 2016, the political authority confronted the country with a fait accompli and dragged the country into a hot war now by justifying their actions considering the government of Syrian Cantons. Unless the political authority backs down from these policies, it is apparent that Turkey will be governed in accordance with state of war. Under circumstances as such, there will be nothing to say regarding human rights and democracy.

We call on the public opinion, especially human rights movements and institutions in Turkey and World to end this war before it spreads and to take initiative and take the action regarding solution to the problems via dialogue and negotiation.

We Defend Peace Against War!
We Purposely Say Peace!

 

HUMAN RIGHTS ASSOCIATION

HUMAN RIGHTS FOUNDATION OF TURKEY

We Will Not Allow Liquidation of Human Rights Values

10th of December Human Rights Day

We Are Against State of Emergency, Violence and War

We Defend Right to Peace

9th of December 2017

The December 10, 2017 marked the 69th anniversary of the adoption and declaration of the UN Universal Declaration of Human Rights.

For a world in which grief caused by wars will not happen again and peace will prevail, the idea of United Nations organization has been put forward and initiatives have begun, while the World War II continued.

Thus, the United Nations Treaty was signed in the US city of San Francisco on June 26, 1945. It was put into force on October 24, 1945 as sufficient amount of countries have ratified the treaty. In the first two articles of the Treaty, it is stated that the United Nations was established for the purpose of peace. The “Introduction” section included the concept of human rights and emphasized the importance of human rights for keeping the peace. Likewise, Article 1 of UN Charter contains the principles of respect for human rights. As regards to the obligations of the member states of the United Nations, Article 55 of the UN Charter stipulates “promoting universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”

Under the scope of UN, the preparation of the Universal Declaration of Human Rights began with the establishment of Human Rights Commission on 29th of April 1946. Eleanor Roosevelt, the wife of then-US president Roosevelt, was elected as the Commission President. Vice-President was from China and the reporter member was from Lebanon. The commission compromised of representatives of 18 states.

These 18 states were the USA, Australia, Belgium, Belarus, China, Philippines, France, India, United Kingdom, Iran, Lebanon, Egypt, Panama, USSR, Chile, Uruguay, and Yugoslavia.

So, there were representatives from capitalist and socialist systems as well as Islamic countries. 80 experts from different geographies, ethnicities, religious and philosophical beliefs were working under the scope of the Commission. The first official draft of the declaration was prepared by the French representative Professor Rene Cassin, a constitutional lawyer who will later win the Nobel Peace Prize in 1968. The reporter Joseph Malik was from Lebanon. Malik made a great contribution to add the term “human dignity” within the declaration.

The Universal Declaration of Human Rights, prepared by the Commission and consisted of an introduction and 30 articles, was accepted and proscribed on the December 10, 1948 at the UN General Assembly in Paris, capital of France. 56 of the 58 countries which had the right to vote in the General Assembly have participated in the voting and 48 of the participant countries voted positively. Turkey is amongst the countries which voted positively. 8 participant countries abstained from voting. 6 of these countries are socialist countries; Soviet Union, Belarus, Ukraine, Czechoslovakia, Poland and Yugoslavia.

Saudi Arabia and South Africa also abstained from voting the whole Declaration.

Turkey published the Universal Declaration in the Official Gazette by the Council of Minister’s decision. It was published in the issue no. 7217 dated May 27, 1949 of the Official Gazette. The decision published in the Official Gazette is as follows: “In the meeting of council of ministers dated 6.4.1949, upon the letter of the Ministry of Foreign Affairs dated 28.3.1949 and no. 36084/122, it was approved to publish the Universal Declaration of Human Rights, adopted by the resolution no 217(111) of the General Assembly of the United Nations in 10.12.1948 in the Official Gazette, interpret it in schools and other educational institutions after the publication and publicize about it in radios and newspapers.”

The Universal Declaration has been translated into more than 500 languages. This makes the Declaration ‘the most translated human rights document’.

The United Nations General Assembly declared “10 December” as “Human Rights Day” with the decree no. 423(V) at the meeting held on December 4, 1950. “10 December Human Rights Day” is a celebration of a Declaration which is a source of inspiration for billions of people like the Universal Declaration, as well as an occasional day to talk and discuss on human rights problems and to search for solutions to them.

discussing the human rights problems all over the world and an opportunity to search for a solution.

The introduction section of the Universal Declaration, accepted on 10 December 1948 specifies that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, and if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression.

In spite of this, an international order based on the rights and freedoms in the Universal Declaration could not still be established. There is no sufficient protection of the fundamental idea that people have rights and immunities from being human beings regardless of their race, colour, gender, sexual orientation, language, religion and sect, belief, ethnical identity, political, conscience and philosophical conviction. Unfortunately, today, the United Nations is contradicting its existential cause by not being effective enough to prevent/end wars and civil wars that are the primary reason of violation of rights, intervene in refugee crisis, protect natural and cultural heritage on a global scale, fight against poverty and injustice, end every kind of discrimination especially against women. Even so, it has not been able to make a statement about the bombing, probably air strike, of the Iraqi Mahmur Camp on the 7 December 2017 which is under the auspices of the UN. Herewith, we condemn this attack and invite the UN to find the responsible persons and bring them to international jurisdiction as soon as possible.

Today, the ideal of common life based on human rights is under great threat from the regimes of the state of emergencies on the global scale caused by any kind of economic, cultural, religious, ethnic, or any other type of “war”. This ideal is sacrificed on the agreements of bilateral trade or international regional interests. In fact, what we face now is a great humanity crisis. The appearance of such crisis both in Turkey and worldwide is the systematisation of all forms of violence, which is becoming widespread and imposed on societies as a sole fact of the life.

Unfortunately, there is a state of emergency implementation in our country for nearly a year and a half now. On the one hand, the core problems of the country are becoming more serious with the influence of continuing war politics in and out of the country, on the other hand division of powers and independence of judiciary have disappeared, the Grand National Assembly of Turkey made dysfunctional, and all the political power is gathered in one hand. These circumstances, State of Emergency implementations, have become a means of moving away from the idea of a regime based on human rights in terms of political power. The aspect of moving away appears on the limitation of rights gained by women or women’s movement and attacks to these rights, banning and targeting of all events of the LGBTI+ movement, harassment and discrimination against different ethnic and belief groups, arrest and trail of human rights defenders. In fact, for the rights defenders this is an attempt to liquidate human rights values in social life.

After this short review, we will look at the various categories of rights violations that took place in Turkey in 2017;

State of Emergency Implementations and Violations Caused by Executive Orders (KHK)

Either our Constitution or the universal legal norms, that the Turkey is also subjected to, establish sharp regulations for interim regime implementations like state of emergency, which seriously restricts/violates the fundamental rights and freedoms by giving political powers the ability to do what they cannot do in the time of normal governance regime implementations.

Accordingly, the state of emergency must, above all, be limited and provisional implementation under Articles 120 and 121 of the Constitution and relevant international rules. It must be open to national and international judicial review. There are rights that cannot be limited in any ways, even during state of emergency. These can be referred as core rights. The second paragraph of Article 15 of the Constitution states that the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable, no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling. In addition, the same rights cannot go into abeyance according to the UN Convention on Civil and Political Rights and the European Convention of Human Rights, that Turkey is a party to and had ratified. However, looking at the below mentioned statement, which is missing at this stage, we can conveniently say that Turkey violates the Article 15 of the Constitution, Article 15 of the ECHR and Article 4 of the UN Covenant on Civil Rights.

When we look at the implementation, the current state of emergency regime does not fulfill any of the above listed rules. It went beyond its reason for declaration, became permanent rather than temporary. Furthermore, even if state of emergency was lifted today, its effects would continue for years, since the ordinary laws are amended, tens of thousands of people are removed indefinitely from civic service. The national judicial review has become ineffective due to the decisions of the Constitutional Court, and has lost its actuality due to ECHR decision. The most brutal is that the basic/core rights are blatantly violated.

While the reason for the state of emergency was the fight against the coup attempt, the executive orders made citizens unrelated to each other by violating “right to have rights”, namely violating their right to be citizens. In fact, excluding human from being citizens means excluding them from a person (human). In short, the state of emergency has become a tool of heavy pressure on the whole society. According to the bill no. 121 of the Constitution, the executive orders must be presented to the approval of the National Assembly in the days of publication. 28 executive orders have been published so far, starting from the order no. 667 to no. 694. Some of these executive orders were not presented in the same day in the Parliament, which was a violation of the Constitution.

According to the bill no. 121 of the Constitution and the bylaw of the Parliament, executive orders under the state of emergency must be discussed within the 30 days in the Parliament and a decision on the matter should be made.  Up until today, only the executive order no. 667 approved by the law no. 4749, the executive order no. 668 approved by the law no. 6755, the order no. 669 approved by the law no. 6756, the order no. 671 approved by the law 6757, and the order no. 674 approved by the law no. 6758, which were published in the Official Gazette. In this regard, the approval of the Parliament was done only for 5 executive orders out of 28, but not for the rest of 23, which clearly violated the Constitution.

Besides the unconstitutional declaration of the state of emergency and not submitting the executive orders to the Parliament approval, the state of emergency has been made permanent in terms of changing the legal system by making permanent amendments of nearly 300 laws for 306 times so far.

The Constitutional changes were approved by the unlawful decision of the Supreme Electoral Council in the 16 April 2017 as a result of the anti-democratic behavior of the political power under the state of emergency. The model of Turkish-style presidency based on the governance of one person or the model of party-affiliated presidency was adopted. During the changeover of this model, the party-affiliated president immediately started his actions and Turkey became a party-state under the circumstances of the state of emergency.

As seen, the most important reason of perpetual extension of the state of emergency is nothing rather than an effort to sustain the power of the governing party with the anti-democratic regulations. There is a clear violation of the constitution.

During the state of emergency, Council of Europe Human Rights Commissioner visited Turkey several times and submitted reports on this matter, Council of Europe Venice Commission visited Turkey 4 times and prepared reports on it, United Nations Human Rights High Commissioner’s 3 special rapporteurs visited Turkey and prepared reports. The reports stated that arbitrary treatments beyond the limitations in accordance with the agreements on basic rights and freedoms during state of emergencies are practiced and the state of emergency should be lifted by amending all fast.

The most crucial notice to Turkey during the state of emergency has come from the Council of Europe. The Parliamentary Assembly of the Council of Europe’s decision to reopen the monitoring procedure on the 25 April 2017 is a highly important decision. In the decision, it was indicated that Turkey should lift the state of emergency, the politicians, journalists and activists jailed for their opinions should be released and a range of recommendations was delivered.

The law no. 6722 was adopted on the 14 July 2016 right before the declaration of the state of emergency in order protect the state officials who were the perpetrators of rights violations during the curfews. The law was retroactive.

As if this were not enough, in many executive orders, including no. 667 and 668, impunity was fully assured by regulating no criminal, legal, financial or administrative responsibility for the state officials taking any action during the state of emergency and any form of arbitrariness for the state officials became a possibility.

We would like to indicate specifically that searching for justice is impossible under the state of emergency circumstances where impunity has become a state policy.

As far as we can determine, the statement which has developed under the state of emergency since 21st July 2016:

  • With the Decree No. 667, which entered into force on 23 July 2016, the duration of custody was extended to 30 days. With the Decree Law No. 668, which entered into force on 27 July, the first 5 days of the custody were imposed with a lawyer. This application was applied continuously for 6 months. With the Decree No. 682, which entered into force on January 23, 2017, the length of custody was reduced from 30 days to 14 days and the lawyer’s opinion on the law was reduced to the first day in custody. Under these conditions, the Ministry of Justice verbally declared that, as of July 2017, 169,013 persons had been taken into police custody by judicial proceedings, 50,510 were arrested, 43489 were released by judicial control, others were released without any proceedings during the period of detention, 8,087 people were found to be on the run.
  • We have experienced a process that 11 members of the parliament, including the HDP co-presidents Selahattin Demirtaş and Figen Yüksekdağ, were in jail and 5 members of the parliament together with Figen Yüksekdağ were relieved of their MP duties.
  • The executive orders during the state of emergency took possession of 94 municipalities, including 89 Democratic Regions Party’s municipalities, detained 74 elected co-mayors who served in the possessed municipalities, detained 28 HDP province co-presidents and 89 city co-presidents, 780 HDP province and city administrators. This process is ongoing.
  • We have experienced a process that 113.440 civic servants were dismissed from their public duties, 1852 of them were given back to their duties by the unconstitutional executive orders in an environment where the Constitutional Court was deactivated during the state of emergency. 22.474 people (mostly teachers) who served in the private institutions that were shut down lost their work permits. Only 614 of them got back their permits.
  • 4240 judges and prosecutors were dismissed by the decision of the Supreme Board of Judges and Prosecuters. Only 166 of them got their duties back.
  • 48 private health institutions were shut down, 2 of them were reopened.
  • 2325 private educational institutions (schools, dormitories, and student residences). 15 private universities were shut down, the activity of 19 unions and confederations were terminated.
  • In this process, the number of the companies appointed trustees by the government was 969, the economic size of them was 41 billion Turkish liras, and the number of the workers was around 47 thousands.
  • The major damage during the state of emergency was on freedom of expression, thereby on freedom of press. The number of the press institutions shut down, particularly printed and visual media, is 185; only 23 of them got permitted to reopen.
  • Big number of journalists is detained during the state of emergency. 174 journalists are still in jail. The number of the journalists whose yellow press cards were canceled in 2016 is 889.
  • During the state of emergency, 1412 associations and 139 foundations were shut down. It was stated that most of the associations and foundations were accused of having ties with the Fetullah Gülen organization, the rest of them was indicated to have ties with other illegal organizations without any concrete reason.
  • Under the state of emergency conditions, violations of freedom of expression have hit the peak. According to the official statistics of the Ministry of Justice in 2016, 4187 people were sued due to insulting the president, through the Article 299 of Turkish Penal Code. 482 lawsuits were opened on insulting the Turkish nation through the Article 301 of the Turkish Penal Code. In addition to this, 17.322 people were sued due to making propaganda for illegal organizations in 2016. This picture increasingly continued in 2017. Since the statistics for 2017 are announced the following year, we would like to indicate only that the trend of increase continues.

RIGHT TO LIVE

The political power’s internal and external war policies constitute the main cause of the violations of the right to live in 2017. On the other hand, violations of the right to life are not limited only to the violations by the state security forces. It also includes the violations by third parties in which the government failed to fulfil its “prevention and protection” obligation.

According to the data from HRFT Documentation Centre, during the first 11 months of 2017;

  • 36 people lost their lives and 12 people were wounded due to the extra judicial execution of the law enforcement officers, the failure to comply with the stop order or random shooting.
  • Due to armed conflicts, a total of 695 people, including 183 soldiers, police, village guards, 460 militants, and 52 civilians have lost their lives. In the same period, a total of 310 people,including 282 soldiers, police, and village guards and 28 civilians.
  • A total of 23 people, including 6 children, lost their lives and 46 people were wounded due to the crash of armoured vehicles belonging to the security forces.
  • 6 people, 5 of them being children, have lost their lives and 25 people, 18 of them being children, were injured as a result of mine and unattended bombs etc.
  • At least 10 people, including 3 children, have lost their lives for various reasons in the prison. The number of the people who have lost their lives in prison due to various reasons are at least 17 people as HRA (Human Rights Association of Turkey – IHA) could determine.

(As a response to the CHP Istanbul deputy Barış Yarkadaş’s question about the prisoners who committed suicide in prisons in 2016, the Ministry of Justice announced that 66 prisoners have committed suicide in 2016 and 40 prisoners have committed suicide since the 15 July coup-attempt.)

  • According to the HRA data, during the first 11 months of 2017, 322 women, at least 23 suspicious, 68 children, at least 7 suspicious, have lost their lives for various (male violence and other) reasons.
  • According to the data of the Occupational Health and Safety Council, during the first 11 months of 2017, at least 1851 workers have lost their lives as a result of work-related accidents/ killings.

TORTURE & ILL-TREATMENT

The significant increase on torture and other forms of ill-treatment in official detention centers during the state of emergency on the grounds to suppress the military coup attempt and during the conflict that started after July 2015 in the South Eastern and Eastern Anatolia continued in 2017 as well.  We can say that in such a climate, there is an increase in torture practices for forensic reasons. The same trend is seen in allegations of torture and other ill-treatment of detainees and prisoners in prison conditions under the state of emergency conditions. On the other hand, during social demonstrations, violence methods applied by security officers to persons exercising their right to demonstration and walking reach the dimensions of torture and other ill-treatment.

  • A total of 570 people applied to Human Rights Foundation of Turkey (HRFT) in the first 11 months of 2017 with an alleged exposure to torture and ill-treatment. 328 of those applicants stated that they had experienced torture and ill-treatment within the same year.
  • According to Human Rights Association (HRA) data, in the first 11 months of 2017 a total of 2278 people have encountered torture and ill-treatment, 428 of them beaten or with other methods in detention, 1855 of them were outside of detention centers in meetings and demonstrations intervened by the security forces.
  • According to the data announced by HRA on 30 May 2017, there were 11 cases of enforced abduction and disappearances, mostly in Ankara. 4 of these people were later released and 1 of them committed suicide. In addition, many people have been kidnapped and threatened, subjected to torture and ill-treatment especially in Ankara and its region. Likewise, Human Rights Watch (HRW) has reported five incidents of kidnapping that could be ‘enforced disappearances. One of these cases was that a person who was kidnapped in Ankara (who had been detained in a secret place for 42 days and been subjected to alleged torture) was later found detained by the police.
  • The duration of custody is still 14 days due to the state of emergency and various limitations have been imposed on access to the lawyer by the executive orders.
  • Procedural securities that have an important role in preventing the torture but which have been largely neglected for many years in practice have been significantly damaged in the final outcome of the legal arrangements made with the executive orders during the state of emergency. Based on these legal arrangement, procedural securities such as informing the person on detention, informing the third parties, access to lawyer, access to doctor, proper examination in proper places, preparing duly reports, applying immediately to a judicial authority for legal check, keeping detention records properly, and the possibility of independent monitoring have been removed majorly in recent times. It is possible to express that an arbitrary atmosphere is created on this matter.
  • International prevention mechanisms under the United Nations and the Council of Europe, which are crucial tools to prevent the practices of torture and ill-treatment, are restricted to be able to work efficiently. There is no respect to any notice or recommendations of these mechanisms. The Turkish Government has not permitted the European Committee for the Prevention of Torture (CPT) to publish the completed report on observation and evaluation from their unplanned visit to Turkey in September 2016.
  • Although the Turkey Human Rights and Equality Institution is authorized to act as national prevention mechanism, it does not exercise its authority, does not review the applications on torture and ill-treatment. Likewise, the Parliament’s Committee on Human Rights Inquiry is ineffective as it does not do examination on place.
  • Impunity is still the biggest obstacle on struggle with torture. The matter of impunity is still in front of us standing as the key fact enabling torture for reasons such as not investigating the perpetrators, not prosecuting the investigated cases, filing indictments on lower crimes instead of torture, not punishing the defendants or punishing on the other grounds, delaying the penalties.
  • Torture and ill-treatment practices have become widespread and ordinary during the state of emergency. Impunity stands out for the cases that are publicly known or referred to court. According to the Ministry of Justice’s official statistics of 2016, the number of lawsuits on the ground of torture (the article 94 of the penal code) is 42, the number of lawsuits on the ground of torment, which requests a lower punishment, is 340. On the other hand, the number of lawsuits on resisting to police officers (the article 265 of the panel code) was 26.195. As it is seen, although there is no condition to resist a police officer under the state of emergency circumstances (In all events, police uses pressured water, paper gas, and rough power to disperse the protesters who cannot resist police), the lawsuits aiming to protect police are opened to conceal the practices of torture and ill-treatment. The statistics show the high practice of impunity in the state of emergency circumstances.

KURDISH PROBLEM 

As human rights defenders, we have been emphasizing for decades the fact that Kurdish issue is the most important aspect of Turkey’s human rights and democracy problem and if this issue cannot be resolved in a peaceful and democratic way, Turkey’s human rights and democracy problems will not be solved. Hence, with reverting back to the war policies in July 2015, relatively the tranquility in terms of human rights caused by the peace process was replaced with chaos and severe human rights violations. Under this scope, violations have continued in 2017 with full intensity.

‘Curfews’, which were implemented intensely during 2015-2016, led to the violation of at least 1.5 million people’s most basic rights to life and health to reside in the provinces and territories that curfew was implemented, stated as having no legal basis on both national and international law by the European Commission for Democracy through Law (Venice Commission) and the Commissioner of Council of Europe Human Rights, have continued in 2017 with all of its negativity in short-term and small-scale.

A total of 94 province and district municipalities located in the region were managed by the appointed trustees under the state of emergency conditions, various lawsuits were filed against the co-mayors selected by people. 68 co-mayors are still arrested.

As well as the HDP Co-Presidents Selahattin Demirtas and Figen Yuksekdag, 9 MP’s are currently under arrest. 5 of the HDP MP’s deputy jobs were cancelled.

As human rights organisations, we have always supported a democratic and peaceful solution to the Kurdish problems. We insist on it. For that reason, we want the conflicts to stop immediately. We want the parties to switch to an environment in which there is no conflict. We also ask all parties to fortify, strengthen and monitor the conflict-free state and consentaneously take decisions.

We support the Dolmabahce Declaration, declared on 28 February 2015, and we want its requirements to be done.

We want the government to lift Abdullah Öcalan’s isolation, clean the road for its solution, establish appropriate administrative, legal and political ground for negotiations and start negotiations as soon as possible.

We believe that it is dependent on human rights for the world and Turkey’s alienation from world and exist in a world of peace. We want Turkey to withdraw the political projects it is trying to implement in the Middle East, recognize Rojava cantons, in accordance with the principle of people determining their own future, and establish good neighbor relations.

FREEDOM OF THOUGHT, EXPRESSION AND BELIEF 

Political powers’ increasing ominous pressure and control on the media with the declaration of the state of emergency have continued in 2017 as well. Serious violations have occurred in the field of freedom of thought and expression. During this year many indictments against  journalists, writers, human rights advocates etc. occurred, many arrests happened, magazines and books were confiscated, newspapers were closed.

According to Bianet’s media observation report, as of 1 October 2017, 122 journalists, including 19 convicts, are in prison. While 68 of the arrested journalists are still on trial, 35 of them is still under investigation. Access to a large number of websites has been blocked.

Access to Sendika.org was blocked 61 times, to the website of Özgürlükçü Demokrasi Gazetesi 42 times. Since 29 April 2017, Wikipedia cannot be accessed. The last example of these prohibitions constitutes a denial of access to news published on the Cumhuriyet Newspaper website regarding the Paradise Papers.

Alevis’ demands for equal citizenship could not find response in 2017 either. The ECHR decisions on the abolition of the compulsory religious course and the acceptance of the Cem Houses as a place of worship have not been fulfilled.

Alevis, Christians, and Jews have been exposed to threatening and hate speeches by radical Sunni and racist groups.

The fact that the right to conscientious objection is still not recognized is an important violation of human rights.

Many academics who have signed the statement for peace on 6 January 2016 was expelled from their public office, forced to leave Turkey. Istanbul public prosecution office have openly violated the freedom of expression rights by opening a public case against 148 Peace Academy Scholars in accordance with the TMK Article 7/2.

PRISONS

Prisons continued to be the places where human rights violations were most intense in 2016.

  • As of 1 November 2017, there were 230,735 detainees/convicts in prisons. This number was 178.089 in 2015 and 154.179 in 2014. When AKP came into power, this number was 59.429. According to TSI (Turkish Statistical Institute) total population in the prison was more than the population of Turkey’s 13 provinces.
  • The beating during the entrance of the prison and later on, accusation of political prisons as “terrorist” and beatings for this reason, naked search implementations, arbitrary treatment in any kind and arbitrary disciplinary action, cell punishments, uniform dress impositions, exile and referral practices in the recent history have reached unusual dimensions.
  • “The Triple Protocol”, which was first regulated by the Ministries of Justice, Internal Affairs, and Health in the 6 January 2000, is known as it is against law and human rights and disregards patient rights, detainee/convict’s rights, and medical ethic. The Protocol was renewed in the 21 January 2017. The Protocol, which could not be accepted in human rights and health fields, was revealed to be more unserious, inhuman and unlawful with the renewed version.
  • There are serious problems in the field of right to health in prisons. It is observed that detainees and convicts face important obstacles in terms of access to medical support and medical staff and tools are not present in prisons. There are 1037 ill prisoners in Turkish prisons, including 361 seriously ill, as far as the HRA could determine. Most of these persons who were hardly having treatment in the prisons in Ankara, İstanbul and İzmir were exiled to the other prisons in order to open some space for thousands of people detained after the coup attempt in 15 July 2016. Their treatment is in danger. 361 people whose conditions are heavy should be essentially released in a humanistic and lawful manner. It is conscientiously and legally not acceptable to make wait and reject the most of the files of the detainees and convicts who have reports of Forensic Medicine Institute showing that they cannot live on themselves because of heavy illness and disability. According to the Ministry of Justice’s data, 451 detainees and convicts whose heavy illness was known by the Forensic Medicine Institute have lost their lives in prison in the last 5 years. Besides, the reliability of this data is another discussion topic. Required legal and administrative precautions should be taken immediately to release the ill prisoners and ensure their treatments. If necessary, the article 16 of the law of execution should be changed or the problem should be solved with a temporary article.
  • The system of punishment execution based on lockdown and treatment, which has been practiced since 2000, continues to threat detainees and convicts’ physical, social and mental integrity. The social relationship among detainees and convicts is restricted by the system of single or two-person rooms. The situation harms heavily on their mental health. The Ministry of Justice’s regulation aiming at softening this isolation circumstances (no. 45/1, dated on 22 January 2007) on 10 detainees/convicts to be able to have 10 hours a week to socialize is still in force but not practiced efficiently and unproblematic. The absolute quarantine on Abdullah Öcalan who is in the İmralı F-Type Prison should be lifted and be meeting with his family and lawyers. The prison should be shut down as soon as possible.
  • The persons’, families’ and other prisoners’ applications to the HRA demonstrates that the children in prison are not able to stomach prison conditions, have serious psychological blockage, hurt themselves, attempt to suicide but also face harassment, abuse, torture and ill-treatment. Scientific studies from various disciplines reveal that punishment in general, but closure in more specific, have not effect on crime prevention or education. For this reason, child prisons, which are inhuman practices, should be shut down.
  • There are serious claims of torture and ill-treatment in the complaint letters or lawyer applications coming from the Turkish prisons. Such claims have been increased especially since the declaration of the state of emergency. Turkey has signed the Optional Protocol to the Convention against Torture (OPCAT), made a legal arrangement with the national preventive mechanism, but not started to put in practice, which is contrary to the convention. The law of Turkey Human Rights and Equality Institution was published in the Official Gazette on 20 April 2016 and came into force. The duty of the national prevention mechanism, which reviewing and preventing the claims of torture and ill-treatment was given to the Institution. On this matter we would like to indicate firstly that the Law was not prepared in accordance with the UN Paris Principles, we have submitted our written and oral comments and recommendations on the issue to the National Parliament Human Rights Investigation Commission and the government. However, despite our objection, there is no action taken because the committee, which should have been established so that the Commission would work, has not been formed yet. The Turkish prisons should be immediately investigated by independent delegations. They should give permission to the representatives of human rights organizations to have investigation in prisons.

FREEDOM OF ASSOCIATION AND OPPRESSION ON HUMAN RIGHTS ORGANIZATONS AND DEFENDERS

The enforced closure of unions, associations and foundations under the state of emergency and with the executive orders demonstrates that freedom of assembly is seriously under the pressure of the political power. Some of the human rights organizations were targeted or shut down with the state of emergency orders. 2017 was a year in which a big number of human rights defenders, notably our institutions’ managers, members, workers and lawyers, was arrested, even detained by violating the principles of the United Nations Declaration on Human Rights Defenders. We have experienced a year that the human rights defenders were arrested and detained after the police raid during a training, jailed for 4 months and released, as we know it as “the Büyükada Case”.  Amnesty Turkey Branch’s chairperson Lawyer Taner Kılıç, human rights defender Osman Kavala, the Progressive Legists’ Association’s president Selçuk Kozağaçlı, and many other NGO managers, members and lawyers are still arrested. Totally 47 lawyers were detained  during the police interventions to statements or police raids to their homes in 2017. 17 of the lawyers were arrested.

The political oppression on the HRA continued, the audit of the Ministry of Internal Affairs, which was started in June 2016, had an end in September 2017. As a result of the audit, the HRA was sued due to cancelling the decisions taken in the general assembly in 2014 and the audit file was sent to the Ankara General Attorney requesting to open a public lawsuit for the illegal elements, if exist. Likewise, it is not certain what will be done with the audit reports for the HRFT. The decisions of closure for the Agenda Child Association, Human Rights Research Association, Progressive Legists’ Association, Libertarian Legists’ Association, Refugee Rights Association was not enough, but the oppression politics have continued.

Ankara General Attorney’s investigation on our reports during the curfews is ongoing.

2017 was also a year that high number of human rights defenders and activists had to leave Turkey.  Lawyer Hasan Anlar, HRA’s secretary-general and HRFT board member, had to leave Turkey. Lawyer Halil İbrahim Vargün, the HRA’s former-member of central executive board and Ankara Branch Board Member, who was on the same trial, is still in jail. The former-head of the Confederation of Public Sector Trade Unions (KESK) and many former managers of KESK’s unions had to leave Turkey. The lawsuits that our friends are tried are actually the compassed trials that were set up by police, prosecutors, and judges who are the members of the Fetullah Gülen organization. The political power admitted the compass in some trials that suits them but not in the trials of our friends. The lawsuits demonstrated that jurisdiction is under the pressure and guidance of the political power.

Investigation and trials are still ongoing for a big number of the HRA and HRFT managers and the activists of other human rights organizations.

On the occasion of 10 December Human Rights Day, we indicate that we are in solidarity with all human rights defenders debarred from their freedom and they should be released.

FREEDOM OF ASSEMBLY AND DEMONSTRATION

2017, as in previous year, has been an extraordinary year of violations and restrictions in terms of assembly and demonstration. With the authority given by the state of emergency, governorships of many provinces have taken the decision to prohibit one-off, one-on-one, and one-on-one for various meetings, demonstration, and events. These prohibitions range from a meeting about the negative effects of geothermal power plants to high school and university festivals, cultural, artistic and natural festivals to LGBTI + events.

Some of these prohibitions have a symbolic prefix that makes the world of mentality of political power open. The Trans and Pride Marches , which are organized by LGBTI+ individuals for years, were banned in many cities this year. Ankara Governorship recently banned first the LGBTI+ Movie Days, and later all events organized by the LGBTI+ organizations.  Police violence is a tough administrative technique that all governments can easily refer to throughout the history of the republic. However, the AKP government has been using the police violence at every occasion for all the social sectors opposed to its own policies, which is getting intolerant to criticism and objections day by day and has reached the final limit of authoritarianism. Almost all social group, including Kurds, laborers, Alevis, women, LGBTI individuals, and football fan groups, have one share of this violence.   In 2017, law enforcement officers resorted to extreme / unmeasured / disproportionate power and violence by using pressure water plastic bullets, chemical weapons / demonstration control agents and even firearms in hundreds of peaceful demonstrations.

As far as the HRFT Documentation Center could determine, in the first 11 months of 2017, the law enforcement officers who intervened 350 meetings and demonstrations detained 1998 persons.  Almost all demonstrations are banned and not permitted in the East and the South East of Turkey. According to the findings of the HRFT-HRA Documentation Centers on the public workers who had been involved with the press release etc. during the year in front of the Human Rights Monument in Ankara Yuksel Caddesi, which was exported with an executive order and returned to their offices, there were 232 police interventions and 586 cases of detention. Semih Özakça, Veli Sacılık, Acun Karadağ and over 10 laborers joined Nuriye Gulmen, who started the sit-in protest saying “I want my job back” on November 9, 2016 in Ankara Yuksel Caddesi. Nuriye Gulmen and Semih Özakça are on the 275th day of hunger strike which they started later. Esra Özakça also stages hunger strike with her spouse. They are not taken back to their jobs yet. We ask the commission of the state of emergency to make the people return their jobs.

The HRA headquarter wanted to give a statement about the interventions to the Yüksel resistance, which is a protest of legal remedies on 9 November 2017, but the president and a group of managers were detained and prevented from making a statement.

Ankara Governorship did not allow the HRA to apply for a statement on Yuksel Caddesi on the human rights day on 10 December 2017. However, the AKP supporters’ protests on Jerusalem have been provided convenience for several days. We stand on the side of right to demonstration. But we also condemn the bans to demonstrations for human rights. As can be seen, the state of emergency is used arbitrary in accordance with political needs.

ISSUE OF VIOLENCE AGAINST WOMEN

With international cooperation, struggle of women has obtained important achievements in statue law. Also, highly important agreements regulated in international law on violence against women are signed by the Republic of Turkey.  However, our achievement either on domestic law or on international law does not take any place in the jurisdiction.

 Judges and prosecutors are extremely insensitive towards the international agreements. The most important of these agreements is perhaps the Council of Europe Istanbul Convention. Moreover, the Republic of Turkey is the first signatory of this agreement.  The agreement aims at preventing the violence against women or domestic violence. The third article of such important contract defines the objective of the contract as:  “‘Violence against women’ is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender‐based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” The article 6 of the convention entails the duty of developing ‘gender sensitive policies’ to all state parties. The Istanbul Convention is an important contract on creating productive policies in the field of violence against women and taking preventive measures against violence. However, let alone judges and prosecutors implementing this, they are not aware of such contract. This is a desperate situation when we think that international contracts are of binding quality on local statue law.  The article 5 of the Convention on the Elimination of All Forms of Discrimination Against Women, which was signed by Turkey as well, gives a task to the signatory states to ‘modify the social and cultural patterns of conduct of men and women’. The social violence legitimized particularly after the state of emergency following the 15 July coup attempt creates negative effects on the practice of violence against women. Following the declaration of the state of emergency, the observed increase of the cases of violence against women, the examples of official violence against women, the practices imposed on women in prisons are the clear examples. Along with the state of emergency, a large number of women were dismissed from their jobs, many exported women organizations were shut down, and many women were imprisoned as a violation of freedom of expression. It is unfortunate that these practices continue on Human Rights Week, which began on December 10th. The state of emergency “beat” the women the most, it was a “coup” on the women’s freedom.

We want the termination of male violence against women, the unconditional practice of equality and anti-discrimination in social and public spheres and the state to fulfill the obligations on this matter. The HRA, together with the FIDH, has submitted an alternative report to the CEDAW committee against Turkey’s report. Turkey was assessed after some meetings and sessions. The CEDAW Committee made some recommendations to the Republic of Turkey on 25 July 2016. The recommendations, which we agree on, can be summarized as:

  • To stop the repressive measures practiced against the representatives of women organizations and rights defenders, ensure their active participation in the process,
  • To eliminate the inequalities practices against Kurdish women and women refugees and asylum seekers,
  • To strengthen the Directorate General on the Status of Women technically and financially, ensure their focus on women rights,
  • To put an end to prejudges and discriminatory speeches,
  • To implement the National Action Plan to stop gender based violence, make necessary legal arrangements, arrange support services, establish an emergency hotline, which can be operated in several languages,
  • To make legal arrangements towards the women’s decision on abortion until the 10th week of the pregnancy and until the 20th week in case of rape,
  • To give enough punishment to the murders committed to so-called honor killing, have effective investigation on women’s suicides and accidents,
  • To have legal recognition and registration of marriage.

 AS A CONCLUSION;

As we are entering 69th year of the adoption of the world’s most contemporary human rights document, the data we have organised above and the evaluations we have carried out shows that unfortunately, we are quite far from the ideal that universal human rights values can be deployed entirely in Turkey and worldwide.

The state of Emergency which had been implemented for more than a year and a half is the primary source of the heavy and serious human rights violations that took place in 2017 and it must be stopped immediately. Democracy cannot be currently mentioned in Turkey even at the minimum standards. That is why; our struggle for democracy is remaining and inevitable. It is clear that the Kurdish problem cannot be resolved with war. Our struggle for peace is accordingly remaining and inevitable. We invite the political power to protect the values of 28 February 2015 Dolmabahce Declaration and recognize the people’s will on peace and democracy in Turkey.

We will not allow the human rights values to be liquidated in this country in any ways.

We celebrate everyone’s human rights day with our wish for peace.

Human Rights Association

Human Rights Foundation of Turkey

Curfews in Turkey Between the Dates 16 August 2015 – 1 November 2017

01.11.2017

According to the information gathered by the Human Rights Foundation of Turkey Documentation Center, between 16 August 2015 and 1 November 2017, there has been at least 268 officially confirmed round-the-clock [all daylong] and/or open-ended curfews in 11 cities and at least 47 districts of Turkey.

The relevant cities and districts that curfews implemented are as follow: DİYARBAKIR (145 times), MARDİN (45 times), HAKKÂRİ (23 times), ŞIRNAK (13 times), BİTLİS (13 times), MUŞ (7 times), BİNGÖL (7 times), TUNCELİ (6 times), BATMAN (5 times), ELAZIĞ (2 times) and SİİRT (2 times).

In addition to these, as of 11 August 2017, there has been at least 9 curfews declarad in various villages and flatlands of Şemdinli district of Hakkâri, and Hizan, Güroymak, Mutki and Central districts of Bitlis with limitations on time (implemented only in between the designated hours). These curfews, which are declared within limitations, are not included in abovementioned data. However they will be monitored by our Documentation Center.

It is estimated that, according to the 2014 population census, at least 1 million 809 thousand residents have been affected by these curfews and fundemental rights of these people such as  right to liberty and security of person; right to privacy, family, home or correspondence; freedom of assembly and association; freedom of religion; freedom of receive and impart information; right to reserve of property; right to education and especially right to life; right to health and prohibition of torture are explicitly violated. Yet, this data is not possible to be updated since the regions of curfews slid to the villages and flatlands in 2016, by the reason that their population census is whether not taken or not released to the public.

Click here to download the detailed table of the curfews and pdf version of this fact sheet.

1 November 2017 - Curfews

Human Rights Foundation of Turkey (HRFT), established in 1990, is a non-governmental and non-profit human rights organisation providing treatment and rehabilitation services for torture survivors and documenting human rights violations in Turkey.

Turkey Prolongs Unlawful Detention of Physician Who Treated Patients During Unrest in Southeast

New York, NY – 03/17/2017

A court in the southeastern Turkish city of Şırnak has ordered the continued arbitrary detention of Dr. Serdar Küni, a member of the Human Rights Foundation of Turkey and former president of the Şırnak medical chamber, this week extending his five-month confinement by at least another month.

Dr. Küni is charged with providing medical treatment to alleged members of Kurdish armed groups. Physicians for Human Rights (PHR) – which attended and moitored the trial on March 13 – demands the immediate dismissal of all legal actions against Dr. Küni and a stop to the ongoing persecution of health workers in Turkey’s southeast.

Dr. Küni was arrested and detained on October 19, 2016 on charges that he provided medical treatment to alleged members of Kurdish armed groups while they clashed with Turkish security forces in 2015 and 2016. In a letter to Turkish President Recep Tayyip Erdoğan, PHR wrote that the charges against Dr. Küni are part of a wave of arbitrary arrests and prosecutions of health workers throughout Turkey’s southeast. At the conclusion of this week’s trial, a judge ordered that Dr. Küni remain in custody until a second hearing set for April 24.

“By bringing criminal charges against doctors who treat patients, Turkey is sending a chilling message that undermines the medical profession and prevents access to health care,” said Susannah Sirkin, PHR’s director of international policy and partnerships. “We observed similar tactics of intimidation and harassment used against doctors attempting to treat protesters at Istanbul’s Gezi Park in 2013 and against doctors all over Turkey standing up for human rights during the state of emergency imposed after last July’s attempted military coup.”

“It is unlawful for the Turkish authorities to punish Dr. Küni for simply doing his job,” said Sirkin. “A doctor’s duty is to treat the sick and wounded, regardless of a patient’s race, nationality, political affiliation, or status as a party to a conflict.”

The continued detention and prosecution of Dr. Serdar Küni runs counter to Turkey’s obligations under international human rights law to provide effective protection for health care workers, including during times of conflict, unrest, or emergency. Such obligations also allow health professionals to provide care for all without discrimination, in accordance with international medical ethics. The UN General Assembly resolution on the Principles of Medical Ethics (A/RES/37/194), which is applicable in and outside of armed conflict situations, likewise obligates states not to compel medical personnel to undertake actions that contravene medical ethics, including refusing to provide treatment. The arrest of medical professionals for delivering treatment may amount to arbitrary arrest and detention under the International Covenant on Civil and Political Rights (ICCPR), to which Turkey is a state party.

PHR also said Turkey is failing its obligation under international law to conduct proceedings against Dr. Küni that meet international fair trial standards. PHR observed four witnesses withdraw their statements against Dr. Küni on March 13, alleging they had been tortured in police custody and coerced into signing statements that were then used as evidence to detain and charge Dr. Küni. International law prohibits the use of evidence elicited by torture, ill-treatment, or coercion. The prohibition applies at all times, including during times of emergency and regardless of the seriousness of the alleged crime. Turkish domestic law also prohibits the use of evidence obtained through torture, ill-treatment, or coercion.

Despite the lack of evidence and the witnesses’ withdrawal of their statements, the judge remanded Dr. Küni to custody. The judge also failed to order inquiries into the allegations of torture from the witnesses, but did request medical records kept during their time in custody.

“Turkish authorities should immediately drop all legal actions against Dr. Küni and release him from detention,” said Sirkin. “Turkish authorities must also ensure that all legal proceedings meet international fair trial standards. The legal proceedings against Dr. Küni in Şırnak raise serious questions about the independence and impartiality of Turkish courts in the current climate within the country, and represent an alarming assault on medical neutrality.”

Background

Physicians for Human Rights (PHR) conducted an investigation in April 2016 into reports of violations of human rights and medical neutrality in southeastern Turkey starting in July 2015. The Turkish government sent thousands of Turkish soldiers and special operations police forces into the southeast to quell an uprising of youth militias seeking greater Kurdish autonomy. The government imposed dozens of curfews on entire towns and cities, cutting off access to water, food, electricity, and health care, even in emergency situations. In response, some health professionals living in neighborhoods under curfew treated the wounded and sick from their homes, or remained stationed around-the-clock at hospitals.

PHR documented several incidents in which health professionals, including ambulance drivers, were shot at or killed while responding to calls for emergency care in neighborhoods under curfew. Between July 2015 and June 2016, numerous health care workers were either charged with the crimes of “making terrorist propaganda” and “being part of an illegal organization, or were subjected to administrative inquiries by the Ministry of Health, in some cases for treating alleged members of the Patriotic Revolutionary Youth Movement or Kurdistan Workers’ Party in hospitals in areas under curfew. For more detail, see PHR’s August 2016 report “Southeastern Turkey: Health Care Under Siege.”

Legal actions, both criminal and administrative, that punish health professionals for carrying out their duties are in direct violation of the Turkish state’s international human rights obligations. International humanitarian law and international human rights law both mandate the protection of health professionals in order to allow them to fulfill their duties to provide care for those in need, without regard to any element of identity, affiliation, or political opinion. These medical professionals should therefore not be criminalized.

PHR has also repeatedly called for Turkish authorities to cease the ongoing harassment of medical professionals, lawyers, academics, journalists, and other human rights defenders in Turkey since the outbreak of hostilities in southeastern Turkey in July 2015, and exacerbated by last year’s attempted military coup.

You can visit PHR’s web site through the link.

URGENT CALL FOR ACTION: Chairperson of Human Rights Association (İHD) Diyarbakır Branch and Vice-Chairperson of İHD Headquarters M.Raci Bilici Must Immediately be Released!

15 March 2017

Chairperson of Human Rights Association (İHD) Diyarbakır Branch and Vice-Chairperson of İHD Headquarters M.Raci Bilici has been arrested this morning (March 15,2017) and still in custody at Diyarbakır Anti-Terror Branch. By this operation, along with Raci Bilici, 11 old and new representatives of the NGOs in Diyarbakır have been arrested. According to the information obtained by the lawyers, alleged charges are still not learned since morning due to the confidentiality order on the investigation file.

Human Rights Association is an internationally recognised human rights organisation and has played a vital role in the promotion of human rights and democracy in Turkey, since 1986.

As well-known by everyone, the important role human rights defenders has been recognised in various international documents such as the OSCE Document of the Moscow Meeting (1991), the Vienna Declaration (1993) or the UN Declaration on Human Rights Defenders (1998). Also, in April 2004 UN prepared fact sheet no.29 titled as ‘Human Rights Defenders: Protecting the Right to defend Human Rights’ to make UN Declaration on Human Rights Defenders more clear. Moreover, due to the increased pressure on human rights defenders not only in Turkey but all around the World despite of all these assessments, UN General Assembly adopted a special resolution (70/160) on 17 December 2015 allocated again on UN Declaration on Human Rights Defenders and raised their concerns on the matter.

All these documents contain provisions protecting human rights defenders who face many risks because of their work for the protection, development and promotion of human rights. Promoting respect for democracy and human rights is only possible when human rights defenders can carry out their work in a safe environment without obstructions.

In this regard, we emphasize that M. Raci Bilici carries out all his activities duly in scope of human rights values for many years. The operation against and detention of Raci Bilici is unacceptable under no circumstances..

As Human Rights Association and Human Rights Foundation of Turkey, we are calling upon the international community to take urgent action for the release of Raci Bilici and the other NGO representatives.

 

HUMAN RIGHTS ASSOCIATION

HUMAN RIGHTS FOUNDATION OF TURKEY

                                                     

 

Actions requested:

  1. Release M.Raci Bilici and other NGO representatives immediately and unconditionally, as their detention is arbitrary since it only aims at sanctioning the legitimate human rights activities;
  2. Put an end to all forms of harassment, including at judicial level, against them, as well as all human rights defenders in Turkey;
  3. Comply with all the provisions of abovementioned international documents.

List of Authorities in Turkey 

President of Turkey, Recep Tayyip Erdoğan, Cumhurbaşkanlığı Külliyesi 06560 Beştepe-Ankara, Phone: (+90 312) 525 55 55, Fax: (+90 312) 525 58 31, E-mail: contact@tccb.gov.tr

Prime Minister of Turkey, Binali Yıldırım, Vekaletler Caddesi Başbakanlık, Kızılay/Ankara Phone: +90 (312) 422 10 00; Fax +90 (312) 403 62 82 Email: ozelkalem@basbakanlik.gov.tr

Minister of Foreign Affairs, Mr. Mevlüt Çavuşoğlu, Dr. Sadık Ahmet Cad, No: 8 Balgat / Ankara – Turkey 06100; Phone : +90 (312) 292 10 00

Minister of Justice, Mr. Bekir Bozdağ, 06659 Kizilay, Ankara; Phone: +90 (312) 417 77 70; Fax: +90 (0312) 419 33 70; E-mail: info@adalet.gov.tr

Minister of Interior, Mr. Süleyman Soylu, Bakanlıklar Ankara; Phone: +90 (312) 422 40 00; Fax: 90 312 418 1795; Email: ozelkalem@icisleri.gov.tr

Minister of Health, Mr. Recep Akdağ, Mithatpaşa Cad. Sıhhıye / Ankara 06434-Turkey; Phone: +90 (312) 585 10 00eposta@saglik.gov.tr

You can download the urgent call as pdf.

9-11 August 2016 HRFT Daily Human Rights Report

9-11 August 2016 Daily Human Rights Report

(08/034) Detentions and Arrests…

The police conducted operations on 10 August 2016 against Peoples’ Democratic Party (HDP) and Democratic Regions Party (DBP). 40 persons including Hakan Ergün, worker with the Kurdish daily Azadiya Welat, were detained during the operations.

The police conducted operations on 9 August 2016 in Van and its districts. 13 persons including Vice-Mayor of Çatak district Turgut Babur and MEYA-DER (solidarity association for people who lost their relatives in Mesopotamia) Chair for Çatak brach Neriman Urar were detained.

DBP party assembly member Senar Abi was detained during road control on 8 August 2016 in Yüksekova district of Hakkari.

Senar Abi was arrested on 10 August 2016 on the allegations of “being member of an illegal organisation”.

The police conducted operations on 8 August 2016 in Ardahan and detained 12 persons including HDP and DBP Co-Chair for the province on the grounds of supporting the campaigns of Rojava Association. 5 detainees were arrested on 10 August 2015.

14 persons including 2 children were detained under beating on August 2016 on the allegations of singing Kurdish songs in a public park in Esenyurt district of İstanbul.

11 persons who were detained during house raids conducted on 2 August 2016 in Muş were arrested on 9 August 2016 on the allegations of “being member of an illegal organisation”.

The police conducted house raids on 9 August 2016 in Diyarbakır and detaned 11 persons including editor of the Democratic Modernity (Demokratik Modernite) jurnal Haydar Ergül, DBP party assembly members Salih Keleş and Ebubekir Budak

U.K. who was detained during the operations in Bursa was arrested on 9 August 2016 on the allegations of “making propaganda of an illegal organisation” through social media.

The journalist Hasan Akbaş, Fırat Topal, Serpil Berk and Sertaç Kayar who were following the bomb attack on 10 August 2016 in Sur district of Diyarbakır were detained.

The police conducted raids on 11 August 2016 against the HDP premises in İstanbul and houses. At least 17 persons were reportedly detained during the operations.

DBP party assembly member Mahir Doğu Tekin was detained on 10 August 2016 in Mardin.

(08/035) Operations and Attacks in the Southeast…

2 soldiers were killed and 2 soldiers were wounded when a military troop was attacked on 10 August 2016 nearby Demirli village of Kulp district in Diyarbakır.

7 soldiers were wounded when a bomb exploded on 10 August 2016 during the passage of a military vehicle on the road between Şemdinli and Yüksekova districts of Hakkari.

Governorate of Diyarbakır imposed curfew on 8 August 2016 in 13 villages of Kulp, Silvan and Hazro districts on the grounds of military operations to be conducted in the region.

The curfew was lifted after one day. But the Governorate imposed curfew on 9 August 2016 in other 13 villages of Kulp, Silvan and Hazro districts for the same region.

The driver of a tractor carrying materials to a military station nearby Andıç village of Uludere district in Şırnak was killed on 8 August when a bomb exploded on the road.

1 police officer was wounded during an armed attack on 9 August 2016 in Gürpınar district of Van. The police officer died in the hospital.

At least 4 militants were reportedly killed during an armed clash that broke out on 7 August 2016 nearby Akmeşe village of Eruh district in Siirt.

4 soldiers were killed and 9 soldiers were wounded when a bomb exploded on 10 August 2016 during the passage of a military vehicle in Beytüşşebap district of Şırnak.

1 police officer and 2 civilians were killed, 5 police officers and 15 civilians were wounded when a bomb exploded on 10 August 2016 during the passage of a police bus in Kızıltepe district of Mardin.

5 civilians were killed, 5 police officers and 7 civilians were wounded when a bomb exploded on 10 August 2016 during the passage of a police bus in Sur district of Dİyarbakır.

(08/036) Extra-judicial Killing in Adıyaman…

Temporary village guard Yusuf Sönmez (46) was shot to death by unidentified persons on 8 August 2016 in Kömür town of Adıyaman. Yusuf Sönmez (46) was reportedly forced to leave his house and killed in front of his house.

(08/037) Child on Trial on the allegations of Insulting the State President…

According to the news appeared in the press on 9 August 2016, a court case was launched against A.Ş. (14) on charges of “insulting the State President” with the comments on social media.

The indictment wants A.Ş. (14) to be sentenced according to the Article 299 TPC. İstanbul Juvenile Court No 2 will start to hear the case.

(08/038) Pressures in Prisons…

According to the news appeared in the press on 8 August 2016, 29 more prisoners incarcerated in Erzurum H-type Prison were transferred to other prisons on the grounds of “unavailable space”.

(08/039) Suspicious Private Death in Tokat…

Mevlam Öztekin who was serving for the compulsory military service in Tokat allegedly committed suicide during night watch on 7 August 2016. He was registered to Derik district of Mardin.

(08/040) Hrant Dink Investgation…

Former non-commissioned offier Emre Cingöz, gendarmerie intelligence officers Volkan Şahin, Şeref Ateş, Okan Şimşek, Hüseyin Yılmaz and Gazi Günay who were among 9 persons detained in connection with investigation concerning the killing of Hrant Dink were arrested on 9 August 2016.

(08/041) Pressures in Prisons…

According to the news appeared in the press on 9 August 2016, 35 prisoners incarcerated in Bakırköy (İstanbul) Women Prison who set the cells to fire to protest in the restrictions in visits following the State of Emergency were transferred to Silivri L-type Prison No 9. The prisoners were reportedly subjected to torture during the transfer.

(08/042) Person Convicted in Aydın…

Didim (Aydın) Penal Court of First Instance No 3 concluded on 9 August 2016 to hear the case against Pınar Aydınlar launched in connection with a speech she gave in 2015 in Didim district of Aydın.

The court sentenced Pınar Aydınlar to 1 year and 2 months’ imprisonment under Article 215 TPC for “insulting a public officer”.

(08/043) Extra-judicial Killing in Erzurum…

Serkan K. who was on the run for raiding a shop was shot to death by the police on 10 August 2016 in Erzurum when he did not obey the stop warning and opened fire against police officers following him. 5 police officers were reportedly wounded when Serkan K. opened fire.

(08/044) Correspondent on Trial in Hakkari…

Hakkari Heavy Penal Court No 2 started on 10 August 2016 to hear the case against DİHA correspondent Şermin Soydan, Red Crescent Hakkâri Branch Chair Fadıl Alçiçek and Peoples’ Democratic Party (HDP) Co-Chair for Hakkari province Metin Besi. Şermin Soydan and Fadıl Alçiçek were arrested in connection with the news “Proof of Covert Operation in Gever (İşte Gever’e ‘gizli’ operasyon belgesi)” on the allegations of “acquiring and disclosing confidential information for political or military espionage”.

After the identification and first testimonies at the hearing, the court decided to release Fadıl Alçiçek to be tried without remand and adjourned the hearing to 30 September 2016.

(08/045) Torture and Ill-treatment in Custody…

Peace Mothers Nezahat Teke and Havva Kıran who went from Diyarbakır to Siirt on 8 August 2016 to visit the Peace Mothers in Siirt were reportedly subjected to sexual assault by police officers on their way back to Diyarbakır.

Nezahat Teke and Havva Kıran organised a press conference and announced that their vehicle was stopped nearby Eruh district of Siirt. They were forcibly taken into an prefabricated building and forced to strip naked. The mothers were kept naked for 10 minutes in front of all police officers and forced for military warm up exercises.

(08/046) Extra-judicial Killing in Tunceli…

Şükrü Abay (46) was killed when a vehicle of communication company Türk Telekom was organised an armed attack on 10 August 2016 on Tunceli-Ovacık road. The attackers were unidentified.

(08/047) Extra-judicial Killing in Şırnak…

Mehmet Zeki Macartay, former headman of Kale quarter of Cizre district in Şırnak, was attacked by unidentified persons on 10 August 2016. Mehmet Zeki Macartay was shot and heavily wounded during the attack.

(08/048) Pressures in Prison…

40 prisoners incarcerated in Kırıklar (İzmir) F-type Prison No 2 were transferred on 2 August 2016 to Ödemiş T-type Prison without their demands. The prisoners were reportedly beaten on the way to Ödemiş T-type Prison.

(08/049) Association Co-Chair Detained…

Muzaffer Şakar who was Co-Chair of Democratic Jurisdiction Association (Demokrat Yargı Derneği) and Judge in Diyarbakır, was detained when his room in Diyarbakır Court House was raided on 11 August 2016.

6-8 August 2016 HRFT Daily Human Rights Report

6-8 August 2016 Daily Human Rights Report

(08/024) Death in Custody in İstanbul…

History teacher Gökhan Açıkkolu who was detained on 23 July 2016 during the operations conducted following coup d’état attempt on 15 July 2016 in Turkey by the junta called “Yurtta Sulh Konseyi / Peace at Hoe Council” in the military allegedly had heart attack on 5 August 2016 in custody. He was hospitalised, but died in the hospital. He was in custody for 14 days.

(08/025) Operations and Attacks in the Southeast…

HPG announced on 5 August 2016 that 5 militants were killed during an armed clash that broke out after an attack against a military convoy on 28 July 2016 in Şemdinli district of Hakkari.

According to the news appeared in the press on 5 August 2016, 2 militants were killed during an armed clash that broke out after an attack against a military convoy on 29 July 2016 nearby Dawoşê village of Çukurca district in Hakkari.

1 temporary village guard was wounded during an armed clash on 6 August 2016 nearby Narlıca village of Kulp district in Diyarbakır.

1 soldier was killed and 4 soldiers were wounded during an armed clash on 7 August 2016 nearby Akmeşe village of Eruh district in Siirt.

2 temporary village guards were killed and 1 temporary village guard was wounded when a bomb attack was organised on 6 August 2016 against a control point nearby Sinekli Meydan village of Beytüşşebap district in Şırnak.

2 soldiers were killed and 6 soldiers were wounded when Tekeli Battalion Command was attacked on 5 August 2016 in Şemdinli district of Şırnak.

1 soldier was killed and 1 temporary village guard was wounded during an armed clash on 5 August 2016 in Hizan district of Bitlis.

13 militants were allegedly killed during air operations conducted on 8 August 2016 in the rural area of Siirt.

(08/026) Persons Killed and Buried during Curfews…

According to the news appeared in the press on 5 August 2016, the bodies of 20 alleged members of YPS who were killed during the curfew in Nusaybin district of Mardin were left in the neighbourhoods where the blockade was continuing.

MEYA-DER (solidarity association for people who lost their relatives in Mesopotamia) Mardin branch executive Şerif Çelik announced that bodies of 56 persons were found in the district.

According to the news appeared in the press, Security Forces found bodies of 2 persons on 7 August 2016 in the side streets and the bodies were taken to State Hospital.

(08/027) Ultra-nationalist Attack in Bayburt…

On 7 August2016, utra-nationalists in Bayburt province surrounded the dormitories of Bayburt University where Kurdish students were residing for the practice exams of School for Physical Education and Sports. The group attempted to lynch the Kurdish students on the allegations that PKK flag was displayed on the dormitory building.

The crowd set a vehicle to fire in Gençosman quarter of Bayburt.

(08/028) Disappearance in Custody in Diyarbakır…

According to the news appeared in the press on 5 August 2016, Emrah Önkol who was disappeared after being detained by the police on 2 August 2016 during curfew in Çemê Elika village of Lice district in Diyarbakır was announced to be in custody in Security Directorate in Lice. After his detention, the officials denied he was in custody.

(08/029) Pressures in Prisons…

According to the news appeared in the press on 5 August 2016, 15 prisoners incarcerated in Erzurum H-type Prison were transferred to other prisons on the grounds of “unavailable space”.

93 prisoners including patients incarcerated in Diyarbakır E-type Prison were also transferred to Gaziantep H-type Prison on 5 August 2016 for the same reason.

(08/030) Pressures in Prisons…

20 prisoners incarcerated in Antalya L-type Prison were reportedly beaten on 5 August 2016 in their cells for hours and kept handcuffed from back. The prisoners reportedly staged a protest for not being allowed to speak in Kurdish with each other and the guards attacked them in the cells. The Public Prosecutor in the prison replied “this like this happens in the prison” when the relatives of the prisoners appealed the Public Prosecutor in connection with the incident.

(08/031) Web Sites Banned…

On 7 August 2016, Telecommunication Communication Directorate (TİB) banned access to the new domain of Jin News Agency (JİNHA). The number of the banned domains of JİNHA reached 8.

TİB also banned on 4 August 2016 access to web site of Özgür Gün TV station “ozgurguntv.com.tr”.

On 5 August 2016, TİB banned access to the new domain of Kurdish daily Azadiya Welat. The number of the banned domains of the paper reached 6.

(08/032) Persons on Trial in Adana…

According to the news appeared in the press on 7 August 2016, a court case was alunched against 12 persons on the allegations of “being member of the illegal Turkey Northern Kurdistan Liberation Organisation (Türkiye Kuzey Kürdistan Kurtuluş Örgütü – TKKKÖ)” which dissolved 40 year ago. The defendants were arrested on 25 May 2016 following the operations against United Revolutionary Party (Birleşik Devrimci Parti) in Adana.

The indictment also wants the defendants to be sentenced for “making propaganda of an illegal organisation” and “violating the Law on Meetings and Demonstrations”. Adana Heavy Penal Court No 2 will start to hear the case on 7 October 2016.

(08/033) Detentions and Arrests…

Democratic Regions Party (DBP) co-chairs for Suruç district of Şanlıurfa province Mehmet Kaplan and Rojda Binici were detained on 4 august 2016 in Suruç for opening a banner saying “isolation is a crime against humanity, your health is our health” during an activity in Suruç.

Peoples’ Democratic Party (HDP) executive for central district in Siirt province Ali Demir was detained when his house was raided on 5 August 2016 in Bahçelievler quarter of Siirt.

Dicle News Agency (DİHA) correspondents in Hakkari province Selman Keleş and İdris Yılmaz were detained on 5 August 2016 in Orman quarter of Yüksekova district when they were following developments in the quarter.

Maximum Duration of Detention Under State of Emergency Law in Turkey

28 July 2016

In Turkey’s recent past, the partial application of the martial law began on November 1978; became permanent with the military coup of 12 September 1980; and lasted until July 19, 1987. As of 1984, application of martial law began to be terminated, yet in some cities it transformed into state of emergency law.  From this date onwards, the practices of the emergency state that concerns several cities in the Eastern and South-eastern Turkey were protracted 46 times to last until November 30, 2002. Briefly, for 24 years the people of Turkey have lived under the martial law/state of emergency that restricted/suspended the fundamental rights and freedoms in the entire country or in a part of it.

To a great extent, the practices of state of emergency have become partial during Ecevit government. Ultimately, the state of emergency in the two cities (Diyarbakir and Sirnak) has not been prolonged and hence, terminated on November 30, 2002 during the Justice and Development Party government.

Peculiarly, the Decree having force of Law with a number 667 concerning the measures taken within the scope of the State of Emergency, which is published in the Official Gazette on July 23 violates the principle of absolute prohibition of torture, ill-treatment, and degrading treatment, which is guaranteed by the Constitution Article (15) Clause (2), as well as the ECHR Article (15) Article (6) Clause (1) Section (a) by extending the maximum duration of detention to 30 days.

The maximum duration of detention extended under state of emergency following the military coup of 12 September 1980 has been decreased from 30 days to 10 days in 1997 (Later on to 7 days in 2002). In the light of this fact, we are publishing the time table of ‘Maximum Duration of Detention Under State of Emergency Law in Turkey Between 1980-2016’ due to clarify the meaning of extended maximum duration of detention as of 23 July 2016 under state of emergency.

Best regards,

Human Rights Foundation of Turkey Documentation Center

durdet

26 July 2016

To the Press and Public Opinion

THE DECREE DEVISED WITHIN THE SCOPE OF THE EMERGENCY STATE LAW AND IGNORING HUMAN RIGHTS AND FUNDAMENTAL PRINCIPLES OF RULE OF LAW SHOULD BE URGENTLY REVOKED!

 

As the Human Rights Association (HRA) and the Human Rights Foundation of Turkey (HRFT), two organizations, driven by the motivations of reckoning with the military coups and avoiding coup attempts, we would like to share once again some of our opinions that we have already expressed in the recent days:

  • Those who attempted at a military coup on July 15, 2016, like those who made such attempts before, have committed a crime against humanity. All necessary legal actions should be taken against the plotters, as foreseen by the Constitution and the laws. They should be fairly tried and within the rule of law; and those who have been found guilty should be punished.
  • Currently, our country is living in the times of emergency. Certainly, the regulations that will enable coping with these times should be made urgently; without compromising the obligations under the international law, and without touching the essence of the fundamental rights and freedoms.
  • Despite the commonality of the terminology, it is impossible to cope with the times of EMERGENCY we are living in today, by relying on the STATE OF EMERGENCY LAW enacted on October 27, 1983 during the military coup of 12 September, with the aim of consolidating the junta rule. Military coup attempts cannot be discarded by military coup mentality and laws deriving from it. On the contrary, application of such laws reinforces the military coup mentality.
  • However, the concerned STATE OF EMERGENCY LAW allows the issue of governmental decrees having force of law and immune from judicial control. As such, the legislative power (the Grand National Assembly of Turkey), which has already been severely eroded, will be rendered completely ineffective. Furthermore, the destruction of the democratic principles such as the rule of law, judicial independence, separation of powers, and respect for human rights will be deepened.

Following our above-mentioned concerns, the “Decree having force of Law” with a number. 667 concerning the measures taken within the scope of the State of Emergency, is published in the Official Gazette on July 23, 2016. This decree that is devised ignoring the human rights and the fundamental principles of the rule of law, is clearly incompatible with the Turkish Constitution Article (15) Clause (2); European Convention on Human Rights (ECHR) Article (15); and even with the articles of the Turkish Constitution concerning the decrees during emergency states.

The Turkish Constitution Article (15), Clause (2) clearly states that the right to life should be protected; material and moral integrity cannot be violated in other words torture, ill-treatment and degrading treatment are prohibited; criminal law cannot be applied retrospectively; one is considered innocent unless proven guilty (presumption of innocence); and that no one can be forced to disclose religious beliefs, opinions, and can be charged because of these. These are rights that should be protected under any circumstances, and can by no means be restricted.

Indeed, as stated in the Article (15) of the ECHR (to which Turkey is a party); the right to life regulated in the Convention’s second Article, the prohibition of torture, ill-treatment and degrading treatment regulated in the Article 3; the prohibition of slavery and forced labor regulated in Article 4; and the principle of no punishment without law regulated in the Article 7 can by no means be restricted.

Besides, Turkey is a party to the UN International Covenant to the Civil and Political Rights.  Under any circumstances, the “guarantees to due process” regulated in both conventions cannot be subjected to any measures that will restrict the protection of the unexceptionable rights. Deviation from the fundamental principles of fair trial as they appear in the Constitution and conventions, including the presumption of innocence, is strictly prohibited. (The General Comment no.29 concerning the UN International Covenant to the Civil and Political Rights Article 4: Exceptions concerning the state of emergency, Paragraph 11 (2001))

Briefly, the Turkish Constitution Article (2), Clause (2) and the ECHR Article (15) regulate the fundamental rights and freedoms that should be protected under any circumstances. These rights cannot be violated nor limited even in a state of emergency.

The Decree having force of Law published on July 23, 2016 is comprised of clauses almost none of which can be linked to the subject and duration of the state of emergency declared. These clauses can not be explained on the basis of principle of proportionality.

The Decree having force of Law Article (2) Clause (1) declares the closure of the private health institutions and establishments, private education institutions and establishments, private student dorms and guesthouses, foundations/associations and their commercial enterprises, foundation universities, syndicates, federations and confederations that are identified to be owned by, adhered or related to the Pro-Fettullah Terror Organization (FETO/PDY).

Article (2) Clause (2) of the same decree states that “institutions and establishments that are not mentioned in the annexed list, yet are identified to be owned by, adhered or related to the formations or groups or terror organizations determined to pose a threat to the national security; will be closed down by the minister’s approval upon the proposal of the commission to be formed within the related ministry”.

First, it should be stated that the closure of the institutions and organizations, and the seizure of all their assets directly and without court decision is a violation of the right to a fair trial guaranteed by the Constitution; of the presumption of innocence mentioned in the Constitution Article (15) Clause (2); the right to association; and finally, of the right to property. As these institutions and establishments are shut down without a court decision, there is the possibility that they obtain these rights back via judicial process in future.

The expression “identified to be owned by, adhered or related to the formations and/or groups and/or terror organizations determined to pose a threat to the national security” appearing in this regulation, points to a subjective evaluation left to the National Security Council, and hence the Government. As such, it provides the ministries with unlimited and nonobjective extra-constitutional authorities.

This enables the Government to exercise the State of Emergency Decree having force of Law to all opposing social institutions and establishments. As long as the state of emergency is maintained, these institutions and establishments will feel the menace of closure like a sword of Damocles hanging over their head, which will restrain them from freely criticizing the Government. This implies a destruction of the political space, hence the democratic life, and a complete suspension of the legal security and guarantee.

The Articles (3) and (4) pave the way for the Supreme Court members, judges, prosecutors, local administration personnel, and the higher education staff to be dismissed from profession without conduct of fair investigation. Furthermore, the prohibition of the concerned persons from civil service is not limited to the period of emergence state and is a lifetime prohibition. As such, these articles suspend all the guarantees regulated in the specific laws, and the Constitution.

Doubtlessly, persons –in the case of actions mentioned in the Articles 3 and 4 of the decree-, and institutions –when they are closed down according to the Article 2- can always claim their rights by judicial process.

The Article (5) of the Decree clearly violates the freedom of travel, by stating that the passports of those have been subjected to administrative acts, criminal investigation and prosecution will be canceled.

The Decree Article (6) Clause (1) Section (a) extends the maximum duration of detention to 30 days, and thus, violates the principle of absolute prohibition of torture, ill-treatment, and degrading treatment, which is guaranteed by the Constitution Article (15) Clause (2), as well as the ECHR Article (15).  It should be recalled that even under the absolute martial law, Article (15) of the related law limited the maximum duration of detention to 15 days; this could be protracted for another 15 days with a judge’s decision. The maximum duration of detention cannot be extended by a decree; as a martial law is not declared in Turkey; and the Article (26) of the State of Emergency Law concerning the detention periods was revoked on 1992. When the fact that maximum period of detention has been reduced on 1997, from 30 days to 10 days for the regions under the state of emergency, it would be more clear why the current situation is worrying.

As human rights organizations we will definitely make applications to launch the appropriate trial and complaint mechanisms (the European Court of Human Rights being in the first place) against the extension of the maximum period of detention to 30 days that brings a serious risk in terms of the violation of the principle of prohibition of torture; and against the regulations that will lead to the suspension of procedural guarantees (particularly access to an attorney at law).

The Decree Article (6), regulating several investigational procedures, limiting the access to an attorney at law, and mentioning a new enforcement regime; foresees the application of these regulations until the completion of the trial process concerning persons against whom legal actions are taken. This strongly suggests that the emergency state would extend behind the duration initially stated. From all aspects this situation is worrying, and implies the violation of the right to fair trial.

Like the provisory Article 15 of the Constitution of September 12; the Article 9 of the concerned decree, brings a complete impunity by stating that no legal, administrative, fiscal and penal responsibility will arise related to the functions fulfilled by the persons taking decisions and implementing actions within the scope of this decree.  This is in contradiction with the regulation stated in the ECHR Article (15) Clause (2), and Article (7). It should be underlined that despite the Article 9 of the Decree, the responsibility of those who play a role in the violation of human rights can by no means be ruled out.

The application of the Decree having force of Law with No. 667 as it is, is unacceptable since it is in contradiction with the Turkish Constitution Article 15, as well as several articles of the European Convention on Human Rights. While suspending the rights and freedoms on the one hand, it will also debilitate the fight against serious crimes, such as the coup attempts. Therefore, this Decree having force of Law devised ignoring the values deriving from the human rights and the rule of law, should be urgently revoked.

 

 

Human Rights Association

Human Rights Foundation of Turkey

To download the statement as word file please click here.

Common Statement By HRFT and IHD About State of Emergency in Turkey

July 21, 2016

To the Press and Public Opinion

 

No democratic links can be established between the TIMES of EMERGENCY we are living in today, and the “STATE of EMERGENCY LAW” dated October 27, 1983 which was enacted by the Bulend Ulusu Government during the military coup of 12 September, with aim at consolidating the junta rule of that period.

Advancing the fundamental rights and freedoms to realise democratization can prevent the military coups, not promulgation of state of emergency. 

Following the meetings of the National Security Council and the cabinet on July 20, 2016, President Erdogan declared a state of emergency covering the entire Turkey, for three months. This entirety clause is the first time for the Turkey’s recent past. The decision is published in the official gazette on July 21, 2016.

In Turkey’s recent past, the partial application of the martial law began on November 1978; became permanent with the military coup of 12 September 1980; and lasted until July 19, 1987. From this date onwards, the practices of the emergency state that concerns several cities in the Eastern and South-eastern Turkey were protracted 46 times to last until November 30, 2002. Briefly, for 24 years the people of Turkey have lived under the martial law/state of emergency that restricted/suspended the fundamental rights and freedoms in the entire country or in a part of it.  This is a quite rare situation in the World.

To a great extent, the practices of state of emergency have become partial during Ecevit government. Ultimately, the state of emergency in the two cities (Diyarbakir and Sirnak) has not been prolonged and hence, terminated on November 30, 2002 during the Justice and Development Party government.

As the Human Rights Association and the Human Rights Foundation of Turkey, in the recent days we have several times underlined that;

YES, there has been a coup attempt in our country,

YES, we are, absolutely and without any ‘but’s, against all coups and coup attempts, which mean termination of democratic rule and severe violations of fundamental rights,

YES, the crime committed by the plotters of the latest coup is a crime against humanity,

YES, concerning these plotters, all the necessary legal processes, as defined in the Constitution of Turkey and legal codes should be carried out; they should be tried fairly, and punished as foreseen by laws,

YES, we are living under in the times  of emergency.

Having said that, a conceptual distinction is of vital importance. The “State of Emergency Law” enacted on October 27, 1983 by the Bulend Ulusu Government during the period of 12 September military coup provides the legal basis of the current ‘state of emergency’ (despite certain modifications until 1992). Despite the commonality of the terminology utilized, there are no connections between the ‘extraordinary’ circumstances we are living in today, and the “State of Emergency Law” that enforced the 12 September military coup mentality. The coup attempts and their repercussions cannot be eliminated by laws that reflect or the military coup mentality. On the contrary, such practices consolidate the military coup mentality.

That is because with the implementation of the concerned law;

  • the Government will issue decrees having force of law, and immune from judicial control, and thus, will completely disable the legislative power (the Grand National Assembly of Turkey), which has already been severely eroded;
  • fundamental rights and freedoms such as freedom of travel, right to education, work, information, communication, and immunity of residence, will be restricted or completely suspended by practices such as declaration of curfew being in the first place; and the authority of the law enforcement forces to use arms will become almost unlimited;
  • the democratic principles such as the rule of law, judicial independence, separation of powers, and respect of human rights, which have been seriously violated by the current Government in the recent period will be further demolished.

For this reason, in a period where the coup attempt is suppressed, massive arrests and detentions take place, and thousands of public servants are dismissed and investigated; we regard the declaration of a state of emergency to cover the entire country and to last for 3 months, as an anti-democratic practice that will suppress all segments of the society, and that will make the authoritarian tendency permanent. This situation suggests that the de facto presidential model will take a legal form with the state of emergency law, and that the parliamentarian system will be further damaged, and rendered completely ineffective.

We would like to also underline that the restrictions of the fundamental rights and freedoms might lead to new tensions and social conflicts.

On the other hand, the incidents of rights violations during the periods of emergency state in Turkey’s recent past have shown us that the guarantees under Article 15, Clause 2 of the Constitution of Turkey is not respected. The periods of administration under state of emergency have already been recorded as the times when violations of rights and freedoms were dramatically increased. Furthermore, with the legislation and practices it brings, and the culture it creates –particularly among the circles of the military and public authorities- the administration under state of emergency adversely affects the transition to so called ordinary times of administration.

It should be beard in mind that under any circumstances, the right to life and the integrity of physical and moral existence are inviolable in other words the prohibition of torture and ill-treatment should be maintained; freedom of religion, liberty of consciousness, and freedom of opinion should be guaranteed; and presumption of innocence should be respected. Criminal law cannot be applied retrospectively; hence, the discussions around the death penalty are unreasonable.

 As we have expressed before, “the chaotic atmosphere, in which Turkey is living today is directly related to the inability to bring viable solutions to democratic problems, and to the violations of rights. The inefficiency of the Government to put into practice the principles of pluralism, transparency, and participation; disregard of the fundamental rights and freedoms and rule of law; adoption of policies based on violence, rather than democratic and peaceful methods, against the Kurdish problem; implementation of anti-democratic laws such as law of impunity for the military members; and conduct of war inside and outside the country; have brought about a deep political and state crisis.”

Therefore, the only way out from the times of emergency we are living in today is to uncompromisingly defend rule of law, democracy, and the respect to human rights.

Turkey can only end the chaos by developing peace politics both inside and outside the country, by re-launching the peace and resolution process, and by enhancing the space for democratic politics. We do not want to see the old state of emergency practices. We would like to stress out that the state of emergency should be terminated in the soonest time.

Instead of insisting to employ the authorities mentioned in the “State of Emergence Law” and of affirming that these will “target the organization and structures that plotted the coup, and carried out the attempt”, the Government should abrogate this law enacted on 1983, directly by the military coup rule, in order to consolidate the military coup mentality. We would like to remind the urgent need for regulations that will enable coping with the current times of emergency, in line with the obligations under the international law.

 

 

Human Rights Association

Human Rights Foundation of Turkey