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Release of an international investigative mission report
Paris, July 30, 2003
Following an international investigative mission to Southeast
Turkey carried out in May 2003, the International Federation
for Human Rights (FIDH) publishes a report pointing out the
worrying failure of the Turkish government to implement in practice
the recently adopted legal reforms in its bid to join the European
Union and to meet the EU Copenhagen political criteria. The
report is presented today to the Enlargement Directorate General
of the European Commission.
The results of the mission stress that despite the lifting
of the State of Emergency rule (OHAL) in the South East on November
30, 2002, far from improving, the situation further deteriorated
in 2003.
Serious human rights violations – torture, disappearances,
and extra-judicial killings – continue to go unpunished.
According to the report, impunity remains the principal cause
for the perpetuation of human rights violations. Moreover, tremendous
obstacles still subsist to the return to their villages of the
many thousands internally displaced persons during the 15 years-long
conflict situation in the region.
Further, the FIDH reports serious breaches to freedoms of expression,
peaceful assembly and association by judicial authorities and
provincial Governors. For instance, in spite of the recent legislative
reforms, the right to broadcast in Kurdish language remains
mainly theoretical. Human rights defenders advocating for a
peaceful solution of the “Kurdish problem” are at
constant risk of prosecution. As an example, the number of trials
and prosecutions launched against the Chairman of the Bingöl
branch office of the Human Rights Association (IDH) has reached
47. The FIDH also expresses concern at the heavy restrictions
put on trade unions and political parties activities, in particular
against DEHAP (Democratic People’s Party).
In light of the pre-accession talks between Turkey and the
EU, FIDH urges the Highest Turkish authorities to:
-Ensure the urgent and effective implementation in practice
of the recent legal reforms adopted since October 2001; and
thus fill the gap between the political reforms on one hand
and the attitude of the judiciary and the establishment on the
other hand in their implementation;
-Investigate into all alleged human rights violations in order
to put an end to impunity;
-Guarantee freedoms of expression, peaceful assembly and association
in the South east, and in particular put an end to the harassment
and judicial persecution of human rights defenders. In particular,
the FIDH calls upon Turkey to repeal those articles of the Turkish
Criminal Code, including Article 312, 159 and 169 used as a
tool by the judiciary to silence and punish human rights activists
who advocate for a democratic, political and peaceful resolution
of the Kurdish question.
-To thoroughly reform the Turkish judicial system and to abolish
the State Security Courts (DGM).
The FIDH notes that the judicial power remains resilient to
the implementation of the legislative reforms. The FIDH, who
mandated judicial observers to several hearings in the re-trial
of former Kurdish deputies, Leyla Zana, Selim Sadak, Hadid Dicle
and Orhan Dogann, sentenced to 15 years prisons in 1994 for
“membership of an illegal group”, notices that this
falls short in respecting the right of a fair trial set out
by the Council of Europe and the European Union. At a time when
the Turkish government announces its intention to introduce
a thorough-going reform of the judicial system foreseeing the
presentation of its "seventh reform package" this
summer, the FIDH calls once again upon Turkey to ensure a fair,
impartial and public trial to the jailed Kurdish deputies and
release them immediately. |
