Sefika Gürbüz and Mehmet Barut were prosecuted before Istanbul State
Security Court under article 312/2 of the Turkish Penal Code, which
prohibits "incit[ing] people to enmity and hatred because of class,
racial, religious, confessional, or regional differences". The
prosecution is connected to a press conference that GÖC-DER held on
April 2002 to present the publication of a report concerning forced
displacement of Kurdish people in Turkey.
"GÖC-DER", established in 1997 in Istanbul, conducts research on the
socio-economic and socio-cultural conditions of the Kurdish people
living in Turkey who are forcibly displaced due to the armed
conflict, and release extensive reports on forced displacement
issues.
Said the Observatory delegate: "It is unfortunate to note that
despite the amendment made to Article 312/2 of the TPC by the Third
Harmonization Package adopted on August 3, 2002, State Security
Courts continue to use this legal ground as a tool for repression
against human rights defenders. The Court’s decision clearly
demonstrates that the Turkish judiciary does not pay due
consideration to international human rights conventions ratified by
Turkey, and persist to refrain from implementing legislative
reformsin Turkey "
On February 6, and August 3, 2002, Turkey amended several provisions
in the penal code that have frequently been used to sentence human
rights defenders for peacefully expressing their views in human
rights reports. The new provisions narrow the use of Article 312/2
(incitement to enmity and hatred) by requiring ’’that the incitement
endanger public order’’. However, this requirement has been use to
increase Mr. Gürbüz sentence.
The Turkish Penal Code further defines expression of thoughts, ideas
and opinions very vaguely. A large number of "though and expression
crimes" are tried under the section "Felonies against the State", and
dealt with by the State Security Courts. The reform of the Judicial
system, in particular the abolition of the State Security Court,
should urgently become a priority for the Turkish government in its
bid to join the European Union.
The Observatory recalls that the E.U. Accession Partnership required
Turkey to "improve the situation in the south-east, with a view to
enhancing economic, social and cultural opportunities for all
citizens." The two organisations have pointed out that the Kurdish
question in Turkey may not be solved without an effort towards the
recognition of the role and importance of the civil society in the
country, and including organisations such as Göc-Der who advocate for
the rights of displaced persons in the country.
The implementation of the Return to Village and Rehabilitation
Program by the Turkish government shows serious deficiencies,
including the exclusion of local non-
governmental organizations in the implementation of the program and
their persecution for expressing an interest in the program
In light of yesterday’s decision, the Observatory urges the Turkish
authorities to comply with its international obligations and with the
EU Accession Partnership. In
particular, the Observatory urges Turkey:
1.to lift the penalty against Sefika Gürbüz, drop the charges against
other board members of the association Göç-Der and put an end to any
kind of judicial harrasment
against human rights defenders who exercise their freedom of
expression in Turkey;
2.to conform with the provisions of the Declaration on Human Rights
defenders, adopted by the United Nations General Assembly on December
9, 1998, in particular its
articles 6.b, which states that "everyone has the right, individually
and in association with others [...] freely to publish impart or
disseminate to others views, information and
knowledge on all human rights and fundamental freedom" and article
8.2, which states that "everyone has the right [...] to submit to
governmental bodies and agencies and
organisations concerned with public affairs criticism and proposals
for improving their functioning and to draw attention to any aspect
of their work that may hinder or impede
the promotion, protection and realisation of human rights and
fundamental freedoms";
3. to conform with the international and regional human rights
instruments ratified by Turkey, as well as with the Principle 25 § 2
of the U.N. Guinding Principles on Internal
Displacement;
4.to abolish the State Security Court in Turkey as they raise serious
concerns with regards to the recognition of the freedom of expression
in Turkey;
5.to develop a comprehensive and effective Return to Village and
Rehabilitation Program that will ensure that internally displaced
persons can return to their homes in safety and dignity and can
resume their livehoods. The program should be consistent with the
U.N. Guiding Principles on Internal Displacement, respect the rights
of internally displaced persons by notably ensuring the lifting of
the village guards system as which poses a psychological obstacle
against return.