Turkey still struggles with human rights violations

In 2008, according to statistics compiled by the Human Rights Association (İHD), 1,546 people in Turkey were reported to have been subject to violence by state officials, private security companies or teachers. Of these, 448 were subject to maltreatment or torture under detention, 264 by police forces outside detention or jail, while 333 were subject to such treatment in prison. More than 50 were threatened by members of the security forces, while 299 were injured as a result of police intervention in public demonstrations. One-hundred twenty-six students were subject to physical abuse in school. According to the İHD's report, 28 people died in explosions caused by land mines buried near villages in the Southeast. The total number of such incidents reported in 2007 was 678, meaning violations of Turkey's zero-tolerance-for-torture policy has more than doubled in one year. The organizations have not yet completed reports for the current year. The Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER), another human rights group, reported 1,103 violations of the right to life in 2008.

The group noted that a large number of these incidents occurred in the Kurdish-dominated areas of the East and Southeast. MAZLUM-DER also noted the number was 376 in 2007.

MAZLUM-DER also said that a large number of allegations of torture were reported, despite the government’s “zero tolerance” policy. The report blamed a change to the law regulating the powers of the police force for the increase in the number, saying, “The increase in the number of violations of the right to life that are occurring in direct correlation with the enhancement of police powers is bringing about the concern that we might be going back to the Turkey of the 1990s.”

Traditions and ‘honor’ killings

MAZLUM-DER’s report also recalled the death of Engin Çeber, a torture victim who died after being beaten by the police in 2008. The report said if the law regulating police authority had not been change, this death could have been avoided. The group also said the police used disproportionate force against May 1 demonstrators in Taksim, also relating this to the changes made to the law. MAZLUM-DER also accused the government of being lax about monitoring the police bureaucracy, which it said encourages right to life violations by the police.

The report also stated that 25 people were killed in “honor” killings or blood feuds in the Southeast, despite efforts to prevent these by the media, the government and civil society organizations. It said such violations of the right to life have actually decreased in comparison with 2007, when 53 people were killed in violence arising from tradition. Another improvement, the report said, that no attacks on villages or setting villages afire occurred in 2008.

However, it said there has been an increase in violations of the right to life in prisons, due to overcrowding and some problems with the legislation. It said 10 people died, while 101 incidents that risked inmates’ lives occurred in 2008, compared to five deaths and 80 incidents in 2007. The İHD reports that there were 29 murders whose assailants weren’t identified in 2008, compared to 42 in the previous year. The İHD’s report for 2008 also includes data on violations of freedom of expression, thought, religion and the freedom of assembly. In 2008, a total of 11 civil society organizations were shut down, compared to 13 in the previous year. However, the numbers the İHD provides for these types of closures was 169 in 1999 and 130 in 2000. That number has been consistently falling over the past nine years.

Violations of freedom of speech

According to the İHD’s report, 450 people were charged under anti-freedom of speech articles in the Turkish Penal Code (TCK), such as Article 301, which criminalizes an ambiguous type of behavior referred to as “insulting Turkishness.” In 2008, 215 other cases continued with 1,722 people standing trial as suspects in thought crimes. A total of 177 such trials were concluded, with 124 acquittals and 380 individuals being given a total of 432 years in jail and fined 321,847 lira.

The total number of years defendants in thought crime cases were sentenced to was 556, according to MAZLUM-DER’s report in 2008. The group accused judges in most of those cases of ignoring or not being knowledgeable in international law.

The section on human rights in the European Union’s 2008 Turkey progress report maintains that in addition to Article 301, “Other legal provisions that restrict freedom of expression remain a cause of concern.” The report noted: “For example, Articles 215, 216 and 217 of the Turkish Criminal Code, which criminalize offences against public order, and the Anti-Terror Law have been applied to prosecute and convict those expressing non-violent opinions on Kurdish issues. Turkish judges and prosecutors apply a wide interpretation of the provision on ‘incitement to violence’ or ‘public interest,’ in particular as concerns Kurdish-related issues. … Press articles on ongoing judicial proceedings have led to prosecutions and convictions under Article 288 [attempt to influence a fair trial] of the Turkish Criminal Code or under the Press Law. Similarly, public statements on the right to conscientious objection are prosecuted under Article 318 [discouraging the people from military service] of the Turkish Criminal Code.”

Politicians on human rights day

President Abdullah Gül on Wednesday, one day before Human Rights Day, received members of Parliament’s Human Rights Commission. In his message to mark the day, he said it hurt one’s pride when one’s country is associated with human rights violations.

He said it was important for every individual to live in safety in a country. He said Turkey should increase controls and if necessary revise legislation for the full prevention of human rights violations and torture.

State Minister and chief EU negotiator Egemen Bağış also released a message yesterday, saying Turkey was a freer, more democratic country today than in 1999 when Turkey became an official EU candidate country. He said Turkey had undertaken deep-rooted reforms as part of the EU process which helped improve the country’s human rights record.

He said thanks to changes in different laws, controls against torture had increased and freedom of expression and the press, cultural rights and the right to organize demonstrations have been extended and gender equality has been improved. Culture and Tourism Minister Ertuğrul Günay, in his message to mark the day, said everyone had a responsibility to fulfill in improving the state of human rights. He said Turkey was one of the first countries to ratify the Universal Declaration of Human Rights and has centuries of history of tolerance between different cultures.