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  • ANKARA: "Human Rights Reforms Slowed" AI Says

    "HUMAN RIGHTS REFORMS SLOWED" AI SAYS

    BİA, Turkey
    May 24 2006

    Torture and ill-treatment continued to be reported, with those detained
    for ordinary crimes particularly at risk. Law enforcement officers
    continued to use excessive force in the policing of demonstrations;
    four demonstrators were shot dead in November".

    BİA (London) - "During 2005 some of the world's most powerful
    governments were successfully challenged, their hypocrisy exposed
    by the media, their arguments rejected by courts of law, their
    repressive tactics resisted by human rights activists. After five
    years of backlash against human rights in the "war on terror", the
    tide appeared to be turning" says international rights organization
    Amnesty International (AI) in its 2006 Report.

    "Nevertheless, the lives of millions of people worldwide were
    devastated by the denial of fundamental rights" AI exposes and adds:
    "Human security was threatened by war and attacks by armed groups
    as well as by hunger, disease and natural disasters. Freedoms were
    curtailed by repression, discrimination and social exclusion".

    Documenting human rights abuses in 150 countries around the world
    the report also Gives considerable space to the situation in Turkey.

    Below is the Turkey Section of the report.

    TURKEY

    REPUBLIC OF TURKEY

    Head of state: Ahmet Necdet Sezer

    Head of government: Recep Tayyip Erdogan

    Death penalty: abolitionist for all crimes

    International Criminal Court: not signed UN Women's Convention and
    its Optional Protocol: ratified

    The Council of Ministers of the European Union (EU) formally opened
    negotiations for Turkey's membership of the EU.

    Practical implementation of reforms intended to bring Turkish law
    into line with international standards slowed in 2005. The law
    provided for continuing restrictions on the exercise of fundamental
    rights. Those expressing peaceful dissent on certain issues faced
    criminal prosecution and sanctions after the introduction of the new
    Turkish Penal Code.

    Torture and ill-treatment continued to be reported, with those detained
    for ordinary crimes particularly at risk. Law enforcement officers
    continued to use excessive force in the policing of demonstrations;
    four demonstrators were shot dead in November.

    Investigations of such incidents were inadequate and law enforcement
    officers responsible for violations were rarely brought to justice.

    Human rights deteriorated in the eastern and south-eastern provinces
    in the context of a rise in armed clashes between the Turkish security
    services and the armed opposition Kurdistan Workers' Party (PKK).

    Background

    In June, the new Turkish Penal Code (TPC), Code of Criminal Procedure
    and Law on the Enforcement of Sentences (LES) entered into force. The
    laws contained positive aspects, with the TPC offering greater
    protection from violence to women.

    However, the TPC in particular also included restrictions to the right
    to freedom of expression. Human rights defenders in Turkey also raised
    objections to the punishment regime for prisoners envisaged by the LES.

    A revised draft of the Anti-Terror Law was being discussed by a
    parliamentary sub-commission at the end of the year; human rights
    groups had commented critically on earlier drafts. In September Turkey
    signed the Optional Protocol to the UN Convention against Torture and
    Other Cruel, Inhuman or Degrading Treatment or Punishment. In October
    the Council of Ministers of the EU formally opened negotiations for
    Turkey's membership of the EU.

    Freedom of expression

    A wide range of laws containing fundamental restrictions on freedom
    of expression remained in force. These resulted in the prosecution
    of individuals for the peaceful expression of opinions in many areas
    of public life.

    The pattern of prosecutions and judgments also often demonstrated
    prosecutors' and judges' lack of knowledge of international human
    rights law. In some cases comments by senior government officials
    demonstrated an intolerance of dissenting opinion or open debate and
    seemed to sanction prosecution.

    Article 301, on the denigration of Turkishness, the Republic, and the
    foundation and institutions of the state, was introduced in June and
    replaced Article 159 of the old penal code. Article 159 and Article
    301 were frequently applied arbitrarily to target a wide range of
    critical opinion. Journalists, writers, publishers, human rights
    defenders and academics were prosecuted under this law.

    Among the many prosecuted were journalist Hrant Dink, novelist Orhan
    Pamuk, Deputy Chair of the Mazlum Der human rights organization Sehmus
    Ulek, and academics Bask¹n Oran and ±brahim Kabo¬lu . An international
    academic conference on perceptions of the historical fate of the
    Armenians in the late Ottoman period, to be held in May at Bosphorus
    University in Istanbul was postponed after comments made by the
    Minister of Justice, Cemil Cicek, which fundamentally challenged the
    notion of academic freedom by portraying the initiative as treacherous.

    The conference eventually took place at Bilgi University in
    September. However, in December legal proceedings under TPC Articles
    301 and 288 were initiated against five journalists who reported on
    attempts to prevent the conference. A further restriction on freedom
    of expression remained in the broad restrictions on the use of minority
    languages in public life.

    Frequent prosecutions for speaking or uttering single words in
    Kurdish continued to be brought under Article 81 of theLaw on
    Political Parties. In May the Court of Appeal ordered the closure
    of the teachers' union, Egitim-Sen, on the grounds that a clause in
    its statute defending the right to "mother tongue education" violated
    Articles 3 and 42 of the Constitution which emphasize that no language
    other than Turkish may be taught as a mother tongue.

    Egitim-Sen later revoked the relevant article of its statute in order
    to avoid closure.

    * In October the prosecutor initiated a case to closedown permanently
    the Diyarbakir Kurdish Assocation (Kurd-Der) on various counts,
    including the decision to adopt a "non-Turkish" spelling of the word
    Kurdish in the association's name and statute, and provisions in
    the association's statute defending the right to Kurdish language
    education. The association had previously been warned to adjust the
    disputed elements in its statute and name. Provisions in the Press
    Law restricting press coverage of cases under judicial process were
    used in an arbitrary and overly restrictive way to hinder independent
    investigation and public comment by journalists on human rights
    violations. These provisions were also used to hinder human rights
    defenders. Legal proceedings were begun against the Chairperson
    of the Diyarbak¹r branch of the Human Rights Association (HRA),
    Selahattin Demirtas, and Mihdi Perincek, HRA Regional Representative,
    in connection with a report they co-authored with others on the
    killing of Ahmet Kaymaz and Ugur Kaymaz (see below).

    The indictment alleged that the report violated Article 19 of the
    Press Law, undermining the prosecutor's preparatory investigation into
    the killings, despite the fact that the authors had no access to the
    contents of files on the case which, by court order and for reasons of
    security, were unavailable for inspection. The first hearing against
    the two began in July.

    Torture and ill-treatment

    Torture and ill-treatment by law enforcement officials continued
    to be reported, with detainees allegedly being beaten; stripped
    naked and threatened with death; deprived of food, water and sleep
    during detention; and beaten during arrest or in places of unofficial
    detention. Reports of torture or ill-treatment of individuals detained
    for political offences decreased. However, people detained on suspicion
    of committing ordinary crimes such as theft or for public disorder
    offences were particularly at risk of ill-treatment.

    Reports suggested that there were still many cases of law enforcement
    officials completely failing to follow lawful detention and
    investigative procedures and of prosecutors failing to ascertain
    that law enforcement officials had complied with procedures. Police
    also regularly used disproportionate force against demonstrators,
    particularly targeting leftists, supporters of the pro-Kurdish
    party DEHAP, students and trade unionists (see Killings in disputed
    circumstances below). Often those alleging ill treatment, particularly
    during demonstrations, were charged with resisting arrest while their
    injuries were explained away as having occurred as police attempted
    to restrain them.

    * In October in Ordu, five teenagers aged between 15and 18 were
    detained at the opening of a new shopping centre. The five reported
    being beaten, verbally abused, and threatened and having their
    testicles squeezed while being taken into custody and while in custody
    at the Ordu Central Police Station. They were later released.

    Two reported that they were stripped and threatened with rape. Three
    were not recorded as having been in police detention. One was
    subsequently charged with violently resisting arrest.

    Beyond the alleged ill-treatment, which was documented in medical
    reports and photographs, other irregularities in the handling of
    the detained teenagers by the police and prosecutor demonstrated a
    failure to follow legal procedures at any point from the moment of
    detention onwards

    * In March, in the Sarachane area of Istanbul, demonstrators gathering
    to celebrate International Women's Day were violently dispersed
    by police, beaten with truncheons and sprayed with pepper gas at
    close range.

    Three women were reportedly hospitalized. The scenes drew international
    condemnation. In December 54 police officers were charged with using
    excessive force; senior officers were not charged, but three received a
    "reprimand" for the incident.

    Impunity

    Investigations into torture and ill treatment continued to be marked by
    deeply flawed procedures and supported suggestions of an unwillingness
    on the part of the judiciary to bring perpetrators of human rights
    violations to justice. An overwhelming climate of impunity persisted.

    * In April, four police officers accused of the torture and rape with
    a truncheon of two teenagers, Nazime Ceren Salmanoglu and Fatma Deniz
    Polattas, in 1999 were acquitted.

    More than six years after the judicial process had begun and after
    the case had been delayed more than 30 times, a court in Iskenderun
    acquitted the officers due to "insufficient evidence". Lawyers for
    the young women announced that they would appeal against the decision.

    The two women had been sentenced to long prison terms on the basis of
    "confessions" allegedly obtained under torture.

    * Fifteen years after the death of university student Birtan Altinbas,
    the trial of four police officers accused of killing him continued
    in the Ankara Heavy Penal Court No. 2.

    Birtan Altinbas died on 15 January 1991 following six days in
    police custody, during which he was interrogated on suspicion of
    being a member of an illegal organization. The case, which received
    international condemnation and was widely reported in the Turkish
    press, demonstrated many aspects of the flawed judicial process.

    * The trial of four police officers charged with killing Ahmet
    Kaymaz and his 12-year-old son Ugur Kaymaz on 21 November 2004 in
    the K¹z¹ltepe district of Mardin began in February. The four officers
    on trial were not under arrest and were still on active duty. It was
    significant that senior officers responsible for the police operation
    during which the two individuals were killed were excluded from the
    investigation and not charged, supporting the view that in cases of
    this kind prosecutors rarely examined the chain of command.

    Fair trial concerns

    The continuing inequality between prosecution and defence and the
    influence of the executive on the appointment of judges and prosecutors
    prevented the full independence of the judiciary. While from 1 June
    detainees enjoyed the right to legal counsel and statements made in
    the absence of lawyers were not admissible as evidence in court,
    few prosecutors in the new Heavy Penal Courts (which replaced the
    State Security Courts in 2004) attempted to review ongoing cases
    where statements were originally made without the presence of legal
    counsel and where defendants alleged that their testimony had been
    extracted under torture.

    Little effort was made to collect evidence in favour of the defendant
    and most demands of the defence to have witnesses testify were not met.

    Imprisonment for conscientious objection

    Conscientious objection was not recognized and no civilian alternative
    to military service was available.

    * In August, Sivas Military Court sentenced conscientious objector
    Mehmet Tarhan to four years' imprisonment on charges of "disobeying
    orders" and refusing to perform military service. He was a prisoner
    of conscience.

    Killings in disputed circumstances

    On 9 November in the Semdinli district of Hakkâri, a bookshop was
    bombed, killing one man and injuring others. Three men were charged
    in connection with the incident. The alleged bomber was subsequently
    revealed to be a former PKK guerrilla turned informant and his
    alleged accomplices were two members of the security services, with
    identity cards indicating that they were plain-clothes gendarmerie
    intelligence officers.

    Subsequently, as the prosecutor carried out a scene-of-crime
    investigation, the assembled crowd was fired upon from a car, resulting
    in the death of one civilian and injury of others. The prosecutor's
    crime scene investigation was postponed. A gendarmerie specialist
    sergeant was charged with disproportionate use of force resulting
    in death.

    AI called upon the government to establish an independent commission
    of inquiry to investigate all dimensions of these incidents including
    allegations of direct official involvement. During subsequent protests
    at the events in Semdinli, three people in the Yuksekova district of
    Hakkâri and one person in Mersin were shot dead by police.

    During 2005 approximately 50 people were shot dead by the security
    forces, over half of them in the south-eastern and eastern provinces.

    Many may have been victims of extra judicial executions or the use
    of excessive force. "Failure to obey a warning to stop" was a common
    explanation provided by the security forces for these deaths.

    At least two individuals were alleged to have been assassinated by the
    PKK. On 17 February, Kemal Sahin, who split from the PKK to found an
    organization allied with the Patriotic Democratic Party of Kurdistan,
    was killed near Suleimaniyeh in northern Iraq. On 6 July, Hikmet Fidan,
    former DEHAP deputy chair, was killed in Diyarbakir.

    An organization calling itself the Kurdistan Freedom Falcons claimed
    responsibility for a bomb attack in July on a bus in the Aegean town
    of Ku§adas¹ that killed five civilians.

    266 Amnesty International Report 2006 TUR

    Violence against women

    Positive provisions in the new TPC offered an improved level of
    protection for women against violence in the family. The new Law on
    Municipalities required municipalities to provide shelters for women
    in towns with populations of more than 50,000 individuals.

    Implementation of this law will require adequate funding for the
    establishment of shelters from central government and full co-operation
    with women's organizations in civil society. Further efforts were
    needed to ensure that law enforcement officials, prosecutors and the
    medical profession were fully versed in the still little-known Law
    on the Protection of the Family.

    Official human rights mechanisms

    Official human rights monitoring mechanisms attached to the Prime
    Ministry failed to function adequately and had insufficient powers to
    report on and investigate violations. The work of the Prime Ministry
    Human Rights Advisory Board, encompassing civil society organizations,
    was obstructed and the Board became effectively inactive. Moreover,
    in November, former Chair Ibrahim Kaboglu, and Baskin Oran, a board
    member, were prosecuted for the contents of a report on the question of
    minorities in Turkey commissioned by the Board and authored by Baskin
    Oran. The Provincial and Human Rights Boards, set up by the Human
    Rights Presidency and also attached to the Prime Ministry, failed
    to conduct adequate investigations of human rights violations. Draft
    legislation on the creation of an ombudsman failed to advance.

    --Boundary_(ID_Di15xj2AuOctfthdfDhTDQ)--
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