Observatory for the Protection of Human Rights Defenders Annual Report 2007 - Turkey

Political context

In Turkey, the year 2007 was undoubtedly marked by the murder, on January 19, 2007, of Mr. Hrant Drink, the founder and Editor-in-chief of the weekly newspaper Agos¹ and by the fight for justice led by his family and lawyers.² Political violence was also manifest when, on April 18, 2007, three people who worked for the protestant publishing company Zirve in Malatya had their throats cut. There were several arrests of extreme right-wing nationalists following these murders.

In 2007, vigorous armed conflict continued in the eastern provinces of the country, opposing the armed forces and the forces of the Kurdish Workers' Party (PKK). Many civilian areas were affected, but due to the inaccessibility of these regions, it is difficult to evaluate the consequences. This year the conflict also spread to Iraq, where Turkish armed forces carried out bombings and forays into the territory to fight the PKK. The conflict with the PKK also led to serious restrictions of freedoms of expression and association in particular, thus affecting individuals, the media and organisations defending the rights of the Kurdish population.

The year 2007 was also one of political and institutional crisis during the election of the President of the Republic by the Parliamentary Assembly. Indeed, the election of the sole presidential candidate, the Foreign Affairs Minister Mr. Abdullah Gül, candidate of the Justice and Development Party (AKP), was blocked by the Constitutional Court, which issued its ruling after the parliamentary opposition members decided to boycott the Assembly elections. This decision led to early legislative elections being called and which were held on July 22, 2007, when the ruling AKP party won, holding 341 of the 550 seats. The Assembly elected Mr. Gül as President on August 28, 2007.

Although democratic expression played its full role in the outcome of this crisis, the persistent, omnipresent influence, even interference of the army in the civil and political life of the country, cannot be hidden. Ten years after the last military coup d'état, which until recently was a recurrent practice, Turkey remains marked by the considerable influence of the armed forces in the management of public affairs. The army still possesses broad powers to intervene in the case of the undefined notion of threats to national security, powers which are outside the control of the executive or the Assembly and which, in practice, are open to broad interpretation. The army also interferes in the exercise of freedom of expression and recognition of the rights of minorities, and even in the course of justice.

On the other hand, there have been notable advances in reducing the use of torture and the reduction to four days of the maximum period of detention in police custody, but these advances have proved to be limited in practice. For example, serious human rights violations, especially acts of torture, continue to be carried out with complete impunity by the police in the context of the fight against terrorism.³ In addition, the adoption, on June 2, 2007, of amendments to the anti-terrorist law and to the law on the duties of the police and the authorities, risks creating a legal framework that would permit new human rights violations, in that recourse to preventive detention is extended and the police are allowed to open criminal proceedings without the authorisation of the Prosecutor.

Abusive sentencing of human rights defenders who exercise their right of peaceful assembly

In 2007, many human rights defenders were sentenced for taking part in demonstrations calling for greater respect for human rights. On April 4, 2007, nine members of the Confederation of Public Sector Unions (KESK), including Mr. Alaaddin Dinçer and Mr. Emirali Simsek, respectively President and Secretary General of "Egitim Sen", Mr. Bülent Kaya, former President of the Municipality Workers Union (BES), Mr. Köksal Aydin and Mr. Erkan Sümer, respectively President and Secretary General of the Trade Unions of Public Employees in Health and Social Services (SES), Mr. Bedri Tekin, President of the Construction and Roads Workers' Trade Union (YAPI YOL Sen), Mr. Özgür Bozdogan and Mr. Abdullah Çiftçi Presidents of Egitim Sen Ankara Branches n° 1 and n° 2, and Mr. Murat Kahraman, Executive Committee member of Egitim Sen Ankara Branch n° 1, were each given suspended sentences of one year and three months' imprisonment and a fine of 407 YTL (around 223 Euros), for "violating Law n° 2911 on Public Meetings and Demonstrations". Proceedings against them had been started following the organisation in Ankara by Egitim Sen of a peaceful teachers' demonstration that had been violently repressed by the police on November 26, 2005. Similarly, on June 7, 2007, Mr. Ethem Acikalin, Mr. Mustafa Bagcicek and Mr. Hüseyin Beyaz, respectively President, Secretary General and Accounts Secretary of the Adana branch of the Human Rights Association (Insan Haklari Dernegi – IHD), were sentenced by Adana Criminal Court n° 1 to two years and eight months' imprisonment for "inciting hatred and hostility" and "praising crime and criminals" (Article 215 of the Criminal Code). They had organised a demonstration in protest against the "Return to Life" campaign in December 2000⁴ calling for punishment of those responsible for the resulting violations of rights.

Legal proceedings against human rights defenders: criminalisation of freedom of expression

Despite the reforms carried out in recent years, the Criminal Code still includes many provisions that are destructive of freedom, particularly concerning the exercise of freedom of expression and freedom of the media.⁵ Thus, the year 2007 in Turkey was marked by serious attacks on freedom of expression that seriously hindered human rights defenders in carrying out their activities, despite the fact that President Abdullah Gül announced on October 3, 2007 that he was in favour of amending Article 301 of the Criminal Code. This Article was again used far too frequently this year against defenders who condemn the human rights violations committed by the authorities. For example, on January 27, 2007, Ms. Eren Keskin, former Chairwoman of the Istanbul branch of IHD, was sentenced to six months in prison by the Tunceli Criminal Court of first instance for "denigrating Turkish identity" (Article 301 of the Criminal Code) after giving an interview to a German newspaper in June 2006, in which she had expressed her opinion on the influence of the Turkish army on the Government.⁶ Ms. Keskin appealed against this decision and, on October 22, 2007, the Court of Appeal quashed the sentence. A new hearing took place on December 26, 2007 before the Criminal Court of the 3rd District of Kartal, and a second hearing was due to be held at the beginning of 2008.

A great number proceedings are still taken against individuals and sentences are issued for the expression of non-violent opinions, notably on the situation of minorities, including Armenian and Kurdish minorities. As an example, Mr. Baskın Oran et İbrahim Kaboğlu, eminent professors and former members of the Human Rights Advisory Board attached to the Prime Minister's Office, saw the acquittal they had been granted in 2006 by the Ankara Criminal Court overturned in May 2007 by the 8th Chamber of the Appeal Court for having published in 2006 a report entitled Rights of Minorities and Cultural Rights, arguing in support of the rights of Turkish minorities. The Court of Appeal ruled that "the discussion of major and minor identity went beyond the limits of freedom of expression" and that "the expressions used had reached the dimension of a danger to society".⁷ They risk a five year sentence for "incitement to racial hatred". Proceedings were still under way at the end of 2007.

The Observatory for the Protection of Human Rights Defenders is a joint programme of the World Organisation Against Torture (OMCT) and the International Federation of Human Rights (FIDH).

1 See Observatory Annual Report 2006.

2 The trial for his murder began on July 2, 2007 and 18 people were changed.

3 The Human Rights Foundation of Turkey (HRFT) noted that out of 452 people who had sought medical care from the Foundation in 2007, 320 people had stated that they had been tortured by agents of the State, as opposed to 252 in 2006.

4 On December 19, 2000, the army had launched the military operation "Return to Life" in 22 prisons simultaneously throughout the country, to put an end to two months of hunger strikes by hundreds of political prisoners, resulting in the deaths of 31 people.

5 See Observatory Annual Report 2006.