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.