SITUATION OF HUMAN RIGHTS DEFENDERS
Updated as of May 2011
In 2010-2011, in the run up to a referendum held in September 2010 and general elections due in June 2011, repression intensified against voices critical of the Government, in particular on the Kurdish issue. Dozens of human rights defenders were again subjected to judicial harassment for denouncing impunity of serious human rights violations, defending sexual rights, investigating on ultra-nationalist networks, advocating for labour rights or defending the right to conscientious objection. Some were prosecuted within the framework of anti-terrorist operations and subjected to prolonged pre-trial detention. The Government remained reluctant to give space for protest from workers and many times demonstrations were countered with police violence. Human rights defenders were again subjected to death threats in impunity, while several trials for the past murder of defenders had continued.
Political context
In 2010-2011, the political agenda was dominated by a constitutional reform successfully led by the ruling Justice and Development Party (AKP), the Government’s so-called “democratic opening” to address the Kurdish issue, multiple investigations into alleged coup plans and the run-up to the general elections to be held in June 2011, with Turkey’s human rights record failing to improve significantly.
Promised by AKP when it took power, a major reform to the 1982 Constitution was sanctioned by referendum in September 2010 with a majority of 58%. In the process, the ruling party failed to consult opposition parties and civil society1 on the content of the reform and failed to address the Kurdish issue. Nonetheless, the reform was significant in that it lifted immunity from prosecution for military and public officials for crimes committed during and after the September 12, 1980 coup, reduced the role of military courts, increased executive authority over the judiciary, changed the composition of the Constitutional Court and the powerful Higher Council of Judges and Prosecutors, introduced the right of individual petition to the Constitutional Court, which is scheduled to enter into force on September 23, 2012, established an Ombudsman office, partially lifted some restrictions to trade union rights for the public sector and allowed positive discrimination in favour of women, children, veterans, persons with disabilities, and the elderly. Moreover, apart from the constitutional reform, the Government also submitted, in February 2010, a draft law to the Parliament regarding the establishment of the Turkish Independent Human Rights Institution. On July 23, 2010, the Parliament adopted amendments to the antiterrorism laws that limit the prosecution of minors under the laws, reduce punishments for illegal demonstrations and meetings, and allow for the release of minors who had been previously convicted under the laws, thus resulting in the release of hundreds of children from prison.
The conflict with the Kurdistan Workers’ Party (PKK), a militant guerrilla group, continued to cause numerous human rights violations, though the PKK renewed ceasefire declarations throughout 2010. Clashes with the Turkish armed forces continued. On February 28, 2011, PKK ended the unilateral ceasefire arguing that AKP had shown unwillingness to solve the Kurdish issue politically. The violent repression of demonstrations in the east and south east of Turkey - organised to protest against several events that curtailed the participation of major Kurdish personalities to the political life on suspicion of terrorism - continued throughout 2010 and 20112. These events included in particular the Constitutional Court’s decision in December 2009 to ban the Kurdish Democratic Society Party (DTP), mass arrests and prosecutions in 2009-2011 of approximately one thousand of officials from the DTP and its successor, the Peace and Democracy Party (BDP), including mayors and elected officials, as well as journalists, writers and human rights defenders, for their alleged membership to the Union of Kurdistan Communities (KCK), a body said to be the “urban front” of the PKK and the High Election Board’s decision on April 18, 2011 to ban the participation of several Kurdish politicians to the June parliamentary elections3.
Moreover, hundreds of politically motivated trials were ongoing or initiated in 2010-2011, particularly against leftist groups and right-wing networks - in addition to Kurdish personalities or groups - on charges of membership or support of illegal organisations or other charges. Indeed, in 2010, trials into alleged right-wing conspiracies to trigger a military coup opened or continued. As of April 2011, over 500 people, including politicians, ex-military officials, business and media personalities, had been taken into custody and nearly 300 formally charged with membership to the network, which the prosecutors claimed had been responsible for virtually every act of political violence committed over the last 30 years in Turkey. But, on another note, progress in investigating the link between the suspects and past human rights violations remained slow4.
The Government continued to limit freedom of expression, in particular in the press and on the Internet5, through the use of constitutional restrictions and numerous laws. Individuals in many cases could not criticise the State and the Government publicly without risking of criminal investigation or prosecution, particularly those who criticised the military, the military service, the Kurdish problem, or the Armenian problem, leading to self-censorship in Turkish media6.
In this context, violations of the right to life and the right to a fair trial, the prohibition of arbitrary detention, torture and ill-treatment, freedoms of association, expression and peaceful assembly as well as freedoms of religion remained frequent. Furthermore, security forces frequently initiated counter-cases for resisting arrest against persons who alleged torture or abuse. Lengthy criminal proceedings and pre-trial detention remained a particularly acute problem as close to half of all detainees were either awaiting trial or awaiting a final verdict on their cases.
Ongoing judicial harassment against human rights defenders and their organisations
In 2010-2011, dozens of human rights defenders in Turkey were again subjected to judicial harassment. This was particularly the case of members of the Human Rights Association (İHD), who have been detained and prosecuted within the framework of the alleged anti-terrorist “KCK” operations. Mr. Muharrem Erbey, lawyer and General Vice-President of İHD and President of its Diyarbakır Branch, as well as Mr. Arslan Özdemir and Ms. Roza Erdede, İHD members in Diyarbakır, who have worked closely with associations of families of the disappeared and been defending unresolved cases of extrajudicial killings and enforced disappearances in the region, were among the 152 Kurdish personalities prosecuted on accusation of “being a member of an illegal organisation” and are facing a minimum sentence of 7.5 to 15 years of prison. The trial, which opened before the Sixth Special Heavy Penal Court of Diyarbakır on October 18, 2010, was ongoing as of the end of April 2011. Messrs Muharrem Erbey and Arslan Özdemir have been remanded into custody since December 23, 2009 and Ms. Roza Erdede since April 2010 and are respectively detained in Diyarbakır D type prison and Diyarbakır E type prison7. In the context of the same operation, on March 16, 2010, Ms. Vetha Aydın, President of İHD Siirt branch, and Mr. Abdullah Gürgen, Executive Board member of the same branch, were arrested at their home. On the same day, the police raided the offices of İHD Siirt branch and confiscated material concerning the activities of the association and its members, including the association’s hard disk, files and CDs as well as some letters sent by prisoners regarding human rights violations in detention. This material and equipment was later returned after the authorities had made a copy. On March 17, 2010, Mr. Abdullah Gürgen was released from the Siirt police headquarters, but he was later charged with “membership to an illegal organisation”. One year later, on March 15, 2011, Ms. Vetha Aydın was released for lack of evidence. However, charges of “membership to an illegal organisation” were still pending against her as of April 2011. Criminal harassment against other İHD members was ongoing in 2010-2011. For instance, as of April 2011, Ms. Filiz Kalaycı, a lawyer and a member of İHD Executive Board, along with Messrs. Hasan Anlar, İHD Deputy Secretary General, Halil İbrahim Vargün, former İHD Former Treasurer, and Murat Vargün, İHD member, remained prosecuted on charges of “being a member of an illegal organisation”. Four criminal cases against Messrs. Ethem Açıkalın, former President of İHD Adana Branch, and Mustafa Bağçiçek, Secretary General of the same branch, who decided in December 2009 to leave Turkey and seek asylum abroad, also remained pending as of April 20118. On July 24, 2010, Mr. Rıdvan Kızgın, an İHD board member, died of cancer as several criminal cases were ongoing against him. He was last sentenced in 2010 by the Supreme Court of Appeals to seven years and six months of prison and an arrest warrant was issued, but the police could not arrest him until he left the hospital. In addition, on May 1, 2010, İHD Ankara branch was threatened with armed attack if they did not stop their activities within one month via an e-mail. The İHD did not file a complaint and no investigation was carried out by the authorities9.
Members of other human rights organisations were also victims of judicial harassment. For example, on September 30, 2010, a criminal trial opened before the Second Criminal Court of First Instance of Kadıköy against Ms. Şebnem Korur Fincancı, President of the Executive Board of the Human Rights Foundation of Turkey (TIHV), and Mr. Barış Yarkadaş, General Publications Director of the information website GercekGundem.com, on charges of “insulting a public official in the media in relation to his duty” as on July 22, 2009 the website published an interview given by Ms. Fincancı, where she openly criticised Ms. Nur Birgen, then the incumbent President of the Third Specialisation Chamber of the Forensic Medical Institute10. As of April 2011, the criminal cases were ongoing11. On January 11, 2011, a criminal case on charges of “attempting to influence the fair trial” was launched against Mr. Sezgin Tanrıkulu, TIHV Diyarbakır Representative, in connection with a criticism he made on the nolle prosequi decisions of the Martial Court and Diyarbakır Heavy Penal Court No. 3 in the case of a man who had been killed by a sergeant in Diyarbakır province in 199412. On February 11, 2011, he was acquitted13.
Ongoing harassment of trade unionists in a context of apparent lifting of restrictions to their activities
The adoption by referendum in September 2010 of the amendments to the Constitution resulted noticeably in granting civil servants and other public employees the right to collective bargaining. However, no collective agreement has been made since then, which means that collective bargaining is still not effective. Most importantly, the bans on strikes, lockout, and other forms of protest by workers were lifted. This apparent “détente” of the authorities towards workers’ protests was particularly perceptible on May Day 2010 when, for the first time since 1977, Taksim square in Istanbul was open to demonstrations. Besides, it is now possible to be part of more than one union in the same branch.
Yet, in practice, the Government remained reluctant to give space for protest from workers and many times demonstrations were countered with police violence. Trade unions activists also continued to be repeatedly harassed when they advocated for greater respect of labour rights. For example, Mr. Ali Rıza Küçükosmanoğlu, a member of the Confederation of Progressive Trade Unions (DISK) Executive Board and President of Nakliyat-Is trade union, was detained for one month between December 2009 and January 201014. A criminal case was still pending as of April 2011. On February 3, 2011, the police violently intervened against workers who were peacefully protesting against a draft law that was discussed at the time at the Parliament and would affect labour rights. The demonstration gathered 10,000 people, with the most important Turkish trade unions being represented. Police used tear gas bombs against the demonstrators and detained approximately 50 demonstrators, who were released later. No complaint was lodged against police officers15. Finally, on October 22, 2010, the Izmir High Court yet again postponed its decision in the case concerning 31 public sector unionists, including leaders and members of the Confederation of Public Employees’ Trade Unions (KESK) or its affiliate Egitim-Sen. As of April 2011, the defendants remained charged for “being members of an illegal organisation”, for which they risk up to ten years of imprisonment. Since their arrest and detention in May 2009, the trial has been postponed four times. The next hearing will be held on October 21, 2011. All this time, the defendants have been under a travelling ban.
Harassment against journalists and writers denouncing human rights violations
In 2010-2011, a high number of journalists and writers were arrested after they reported on the prosecution on an alleged ultra-nationalist network with links to State institutions, known as the Ergenekon case and other issues. For instance, on March 3, 2011, Messrs. Ahmet Şık and Nedim Şener, two prominent writers and journalists who have been reporting for many years on human rights violations, were arrested and taken to the Metris prison in Istanbul pending trial, together with eight other journalists. They were accused of being members of Ergenekon. On March 17, 2011, the court rejected their request for provisional release. As of April 2011, the criminal investigation was ongoing and they remained in detention16. Moreover, in September 2010, Mr. Orhan Miroğlu, a journalist, received death threats by phone in connection with a book he had just published on the conditions of detention in the Diyarbakır prison17. On February 9, 2011, Ms. Pinar Selek, a writer and sociologist who defends the rights of women, disadvantaged communities and the victims of discrimination, including street children and the Kurd and Armenian minorities, who has been victim of judicial harassment for already 12 years, again appeared on trial before the Twelfth Chamber of the Istanbul High Criminal Court. After recess, the Court announced that it had decided to acquit Ms. Selek. This decision will again have to be reviewed by the High General Criminal Council of the Court of Cassation. Previously, on February 9, 2010, the High General Criminal Council of the Court of Cassation had called for a 36-year prison term against for Ms. Selek on accusation of supporting the PKK and of causing a bomb explosion in Istanbul in 1998. As of April 2011, Ms. Pinar Selek remained in provisional release and the charges against her were still pending.
Harassment and discrimination against LGBTI rights defenders
While in February 2011, the Government decided to remove sexual identity from the scope of the Draft Law on Combating Discrimination and Equality Committee, although this was part of the original draft18, human rights defenders and organisations defending the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people continued in 2010-2011 to face obstacles to their activities and acts of violence or intimidation by law enforcement agents or non State actors, often in impunity.
Several trials for closure were opened against LGBTI associations such as Lambda Istanbul, the Black Pink Triangle and other organisations in various cities. For instance, on February 9, 2010 a closure trial began against the Black Pink Triangle Association, which combats discrimination against the lesbian, gay, bisexual, travesty and transsexual (LGBTT) people in Izmir province, on charges of “being contradictory to general moral and the structure of Turkish family”, following a complaint filed by the İzmir Governorate on October 16, 2009. On April 30, 2010, the court rejected the request for closure arguing that that “LGBTT persons also have the right to organise and to establish associations”19. Similarly, on January 3, 2011, the 12th Criminal Court of First Instance of Bursa decided to close the Rainbow Association20 down following a criminal complaint filed by the Bursa Governorship on charges of “prostitution”. Ms. Öykü Evren Özen, President of Rainbow Association, was facing imprisonment of up to three years under charges of “opposing the Law on Associations” but was finally acquitted. The organisation filed an appeal, which was pending as of April 201121.
In addition, LGBTI defenders were again constantly harassed by the police, which proceeded to incessant discriminatory identity checks. Those who complained against this practice were often arrested and charged of “resistance to the police”. Others who filed a complaint against the police for discriminatory identity check were in turn the subject of complaints by the police for “insult” and “harm to public order”. On June 19, 2010, Ms. Naz (Burhan) Gudumen, Ms. Buse (Bülent) Kılıçkaya, and Ms. Selay (Derya) Tunç, members of Pink Life LGBTT Solidarity Association, were arbitrarily arrested by police officers while driving through the Seyranbaglari Mah neighbourhood in Ankara. They were taken to the police station and held for five hours before being released. Although the human rights defenders filed an official complaint for ill treatment and insults with the Public Prosecutor, the latter dismissed their complaint and instead permitted charges against them for “resisting the police” and “damaging public property”. If convicted, they face up to three years in prison and limitations on their rights of parental guardianship. They could also be barred from public office or leadership within any political, public, or non-profit organisation. As of the end of April 2011, the trial against the three defenders was still ongoing since October 2010 before the Ankara 15th Criminal Court of First Instance. On May 17, 2010, five transgender members of the same organisation, including Ms. Kılıçkaya and Ms. Tunç, had been brutally assaulted and detained by Ankara’s police. An Ankara court subsequently dismissed the case against the activists for lack of evidence and condemned the police officers’ treatment of the women as “totally wrong”22. LGBTI defenders were also victims of violent attacks by non State actors, often in impunity. For instance, on February 26, 2011, one of the founders of Pink Life, Ms. Gorkem K., was beaten and stabbed ten times. She remained under intensive care for 15 days in a hospital23.
Fight against impunity concerning cases of abuses against human rights defenders
Although many acts of violence against human rights defenders remained unpunished as of April 2011, 2010 saw some progresses. In June 2010, nineteen Turkish officials, among which police officials, prison managers, a doctor and prison guards, were found guilty of the murder of Mr. Engin Çeber, a prominent journalist and a human rights defender, who was tortured to death in custody in 2008. Mr. Engin Çeber, was arrested after he took part in a protest against the death of a human rights activist shot by the police. Two police officers received a 7.5-year prison sentences and one police officer a 2.5-year imprisonment24. In January 2011, four years after the assassination of Turkish-Armenian journalist Hrant Dink, the Istanbul 6th Administrative Court found the Ministry of the Interior guilty of a “severe failure of duty” following the decision on September 14, 2010 of the European Court of Human Rights (ECtHR) to convict Turkey for the murder of the journalist. The Trabzon Governorship which, at the time, had not taken the threats of assassination seriously and had made no decision to ensure Mr. Dink’s protection, was considered by the court to have failed in its responsibility of taking precaution and thus to protect the police’s interests. The Turkish Ministry of Foreign Affairs did not appeal25. As for the reopening of the investigation in Turkey by the Ministry of Interior in February 2009, there was apparently no major progress made as of February 2011, when the latest hearing was scheduled26.
Moreover, several persons who raised attention on the impunity that prevails around Mr. Dink’s murder faced harassment and reprisals. Serious concerns were raised as whether the death of Mr. Hakan Karadag, one of the lawyers involved in the trial against the police in the case of Mr. Hrant Dink’s murder, was a real suicide. Mr. Karadag was found hung, on June 4, 2010, at his home in Istanbul. He was previously directly threatened by Mr. Ogün Samast, who was suspected of Mr. Dink’s murder27. Mr. Karadag had filed a complaint about this matter28. In addition, those who published investigative books or documentary were threatened, prosecuted or banned to display their work. On January 27, 2011, Mr. Adem Yavuz Arslan, a journalist, received death threats, including bullets in envelops sent to him, after he published a book on Mr. Dink’s killing29. Though he filed a complaint at the police, as of April 2011 he had not been informed of the launch of an investigation. On January 14, 2010, the screening of the documentary “19 January to 19 January” directed by Mr. Ümit Kıvanç for the third anniversary of the murder of Mr. Hrant Dink was banned by Ege University’s (İzmir) Communication Faculty’s Dean for “security” reasons30. Mr. Nedim Şener, a journalist of Milliyet newspaper, is facing a total of 28 years of imprisonment as two criminal proceedings were launched against him for publishing a book entitled “The Dink murder and the lies of the Intelligence”, in which he unveiled negligence by the authorities before the Istanbul Criminal Court of First Instance No. 2 on charges of “attempting to influence fair trial”, “insulting public officers” and “violating the confidentiality of the communication” and the Istanbul Heavy Penal Court No. 11 on charges of “getting confidential documents” and “targeting public servants” under Article 6 of the Anti-Terrorism Law. While on June 4, 2010, the Istanbul Heavy Penal Court No. 11 acquitted Mr. Şener, the other trial was pending as of April 201131.
Harassment of defenders of the right to conscientious objection
In 2010-2011, defenders of the rights of conscientious objectors continued to be prosecuted and detained. For example, on January 6, 2010, members of the Solidarity Initiative with Conscientious Objector Enver Aydemir, who was then detained since December 24, 2009, were stopped by the police after they made a public statement in Ankara province and arrested them. They were later released and 19 of them were charged of “alienating people from military service” under Article 318 of the Criminal Code. On June 17, 2010, Ankara Criminal Court of First Instance No. 10 sentenced Mr. Volkan Sevinç to 18 months of imprisonment on charges of “insulting the police officers” and “alienating people from military service”, and Messrs. Gökçe Otlu Sevimli, Halil Savda and Zarife Ferda Çakmak to six months of imprisonment on charges of “alienating people from military service”. The other 15 defendants were acquitted. An appeal was pending before the Supreme Court of Appeals as of April 201132. In addition, on March 10, 2010, the Ankara Criminal Court of First Instance No. 17 began to examine a criminal complaint against Mr. Ali Barış Kurt, Editor of www.emekdefteri.com, in connection with articles that defended the right to conscientious objection to military service on charges of “alienating people from military service” under Article 318. On July 7, 2010, he was acquitted by the court33.
1 Several meetings took place with some NGOs, but these organisations were selected in accordance with their “political stance”.
2 In 2010, the Human Rights Association (İHD) reported that two people died and sixty-nine were wounded due to police violence against demonstrators. See İHD Press Release, November 8, 2010.
3 In the framework of the so-called KCK operation, since April 2009 and as of April 2011, a total of approximately 2,500 Kurdish personalities would have been arrested, with 900 having been remanded in detention, to dismantle the so-called KCK terrorist network. 15 related trials were pending to date in the courts of Diyarbakir, Adana, Van, Erzurum and Izmir, for alleged membership to the KCK. The main trial opened on October 18, 2010 before the Diyarbakir Heavy Penal Court No. 6 against 152 defendants, including a large number of publicly known defendants.
4 See İHD.
5 More than 7,000 websites would currently be blocked in Turkey. See Reporters Without Borders (RSF) Press Releases, November 3, 2010 and April 29, 2011.
6 Kurdish publications continued to be banned. The number of convicted under the Anti-Terror Law multiplied by six since 2009 (220 people tried in the scope of freedom of speech and freedom of opinion in 2010, including 104 journalists). See BIA News Centre Report, BIA 2010 Media Monitoring Report-Legal Landscape of 2010 Dominated by Anti-Terror Law, March 28, 2011. Moreover, in April 2011, an OSCE study established that 57 journalists were detained in Turkey, 10 journalists were awaiting trial, while between 700 and 1,000 proceedings were ongoing putting charged journalists at risk of imprisonment. The report confirms that most of the journalists are convicted or sued on the basis of Anti-Terror Law. See OSCE Media Freedom Representative Study, April 4, 2011.
7 The investigation and trial have raised a series of fair trial concerns, including illegal surveillance and tapping, prolonged pre-trial detention and limitations on access by defendants and their lawyers to the evidence against them. The trial has been delayed in part because the court has consistently denied many of the defendants’ right to address the court in Kurdish, their mother-tongue and because the court refused to examine the defendants’ conditions of detention. On April 26, 2011, after several defence lawyers stood out to protest violations of their clients’ right to a defence, the court appointed new lawyers and adjourned until May 10, 2011.
8 In addition, on June 16, 2010, the Adana Heavy Penal Court No. 7 sentenced Mr. Açıkalın to ten months of imprisonment on charges of “making propaganda of an illegal organisation”, in connection with his participation in a press conference in December 2007 to commemorate the operation “Back to life”, which was carried out on December 19, 2000 by the Turkish security forces against 20 prisons at the same time to stop hunger strikes, which caused 28 prisoners dead and many wounded.
9 See İHD.
10 In 1998, Dr. Nur Birgen was banned from professional activities for six months by the Turkish Medical Association and was then prosecuted for issuing false certificates concerning seven persons detained in July 1995 who were allegedly victim of ill-treatments. In spite of this, the Ministry of Justice did not suspend her from her duties, reportedly on the grounds that she is a civil servant whose civil rights must be protected.
11 See TIHV.
12 Idem.
13 See İHD.
14 See DISK.
15 See İHD Press Release, February 3, 2011.
16 See TIHV.
17 See Bianet Press Release, September 8, 2010.
18 See Istanbul LGBTT Dayanışma Derneği Press Release, February 2, 2011.
19 See TIHV.
20 Rainbow is the Association for the Development of Protection, Solidarity and Cultural Activities for Transvestites, Transsexuals, Gays and Lesbians (LGBT).
21 See Bianet Article, January 5, 2011.
22 See International Gay and Lesbian Human Rights Commission (IGLHRC) and ILGA Press Release, February 25, 2011.
23 See Pink Life.
24 See Bianet.
25 See ECHR, Dink vs. Turkey, Applications Nos. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09, September 14, 2010.
26 See RSF Press Release, February 3, 2011.
27 The latter was sentenced on July 25, 2011 to 22 years’ imprisonment.
28 See TIHV.
29 Idem.
30 See Bianet.
31 Idem.
32 See TIHV and İHD.
33 See Bianet.
Extracts from the Annual Report 2011 of the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT)