19 October 2016

BALANCE SHEET OF VIOLATIONS OF RIGHTS OCCURRED DURING 15 JULY COUP ATTEMPT AND STATE OF EMERGENCY

(Violations of rights occurred between 15 July 2016 – 15 October 2016 are compiled in accordance with the information acquired by IHD main and branch offices, statements of government officials and data obtained from press.)

VIOLATIONS OF RIGHT TO LIVE

It was stated that 67 police/soldiers and 174 civilians, 241 people in total were killed by coup plotters in the dates of 15-16 July 2016 (in the course of coup attempt). Furthermore, 2 144 people were injured as a result of the attacks performed by coup plotters in these two days.

It was stated by the government that 24 soldiers were killed while suppressing the coup attempt.

DETENTIONS AND ARRESTS

According to the statement by the Ministry of Justice on 27 September 2016, legal actions for 70 050 people were performed, 58 862 were detained and 31 048 of them were arrested for the claims of involving in coup attempt and being a member of Fethullah Gulen Organization. There are 2 385 judges and prosecutors, 6 488 soldiers and 7 016 constables among them. While the number of those who were decided to be under judicial control was 22 305, 5 509 of them were set free and 638 people out of detainees were released. Because of the fact that detentions and arrestments have been constantly continued since 15 October 2016, we can say that the number of detainees accused of the coup attempt and being in contact with the Fethullah Gulen Organization exceeds 35 000.

Additionally, detentions and arrestments towards social opposition groups, especially HDP and DBP members and executives, have been continued without interruption. Additional statement will be made on this matter.

Keeping detainees naked and handcuffed behind the back in gymnasiums, leaving without food and water, broadcasting and publishing the images of battered people set forth that the claims of torture and maltreatment is substantially strong. However, no effective investigation has been carried out.

Gökhan Açıkkolu who was a history teacher of Ümraniye Atatürk Technical and Industrial Vocational High school and detained in Istanbul on 23 July 2016 within the scope of “FETÖ/PDY (Fethullah Gulen Organization/Parallel State Structuring) Investigation” launched towards public officers on 5 August 2016 following the coup attempt on 15 July 2016, was claimed to have had a heart attack in Provincial Directorate of Security where he was detained for 14 days. Taken to hospital, Gökhan Açıkkolu lost his life there.

CLAIMS OF DEATHS, INJURIES AND SELF MURDER IN PRISONS

Being an executive of DBP District Organization, Segvan Yaman who was arrested with the claim of “being a member of an illegal organization” as a result of the operation performed in Uludere district of Şırnak province in March 2016 and transferred to the Kalkandere (Rize) L-Type Prison, was claimed to have committed suicide in his ward on 18 July 2016. Responding to the claims that Segvan Yaman, who was a sick prisoner held in Rize E-Type Prison, committed suicide on 18 July 2016, Ekrem Yaman indicated the marks on his brother’s body and neck point that his brother was likely murdered and my brother did not have any kind of problem except for the pressures in the prison. Bijan Yaman, the mother, called human rights defenders for “supporting the struggle and revealing the death of her son”.

Hasan Hayri Alp, who was kept in the Sincan Prison as a political prisoner, lost his life as a result of a heart attack on 19 July 2016.

Lieutenant Colonel İsmail Çakmak, who was arrested for the claims of involving in the coup attempt carried out by the “Peace at Home Council” on 15 July 2016 and then accused by the 4th Criminal Court of Peace for “Attempting to Abolish Constitutional Order”, was claimed to have had commit suicide by hanging himself with bed clothes in Silivri (Istanbul) L-Type Prison on 23 July 2016.

Being one of the 5 people who were arrested within the scope of “FETO/PDY Investigation” on 31 August 2016 in İzmir and transferred to the Kırıklar (İzmir) F-Type Prison Number 2, Warden Ömer Çubuklu was claimed to have committed suicide by hanging himself with strings of shoes and sweat suits in the temporary admission deparment where he was kept alone on 1 September 2016.

Arrested within the scope of FETÖ/PDY investigation and being the Public Prosecutor, Seyfettin Yiği who was 47 years-old was found hanged by strings in the toilet of the prison on 15 September 2016.

CLOSED EDUCATIONAL INSTITUTIONS:

– 1061 kindergartens, primary and secondary schools and high schools

– 15 private universities

– 113 student dormitories and hostels

CLOSED HEALTH CENTERS:

– 35 health centers and hospitals

CLOSED ASSOCIATIONS, UNIONS AND FOUNDATIONS

-1125 associations

– 104 foundations

– 19 unions

TRUSTEE APPOINTED MUNICIPALITIES

– Trustees were appointed to 35 municipalities

CLOSED (CEASED) MEDIA ORGANS

16 TV channels, 45 newspapers, 15 magazines, 3 news agencies, 23 radios, 29 publisher and distribution channels were closed.

Furthermore, especially 12 TV and 11 radio channels performing multilingual broadcasts, especially leftist, socialist and Kurdish ones, were closed with the authority given by the State of Emergency Decree Laws. Following the closure of these channels, their web sites through which they broadcast were blocked by the BTK (Information and Communication Technologies Authority). Some of the TV channels were also confiscated.

Additionally, the Özgür Gündem newspaper was closed.

ARRESTED JOURNALISTS

In Turkey, there are 128 arrested journalists in prisons as prisoner and convicted.

DISCHARGED, SUSPENDED AND DISMISSED PUBLIC OFFICERS

As indicated in the lists in the annex of the State of Emergency Decree Laws, hitherto 56.520 people in total have been discharged from public service as

3 534 soldiers, 158 of which are generals,

10 029 policemen ranging from the chiefs and police officers.

3 456 judges and prosecutors have been dismissed from the profession by the decision of the HSYK (Supreme Board of Judges and Prosecutors).

With the authority given by the State of Emergency Decree Laws, thousands of public officers were dismissed from profession, mainly from the Ministry of National Security, by the approval of the board and minister. The number has not been confirmed yet.

Apart from those who were discharged from the public service with the State of Emergency Decree Laws, approximately 11 000 teachers and 12 000 policemen were suspended from duty.

THOSE DISCHARGED FROM PRIVATE SECTOR

Tens of thousands of people working in the educational institutions, hospitals and other institutions which were closed by the State of Emergency Decree Laws became unemployed. Additionally, work certificates of approximately 30 000 teachers were annulled.

PASSPORT ANNULMENTS

It has been learned that the passports of 56 000 people were annulled with the authority given by the State of Emergency Decree Laws.

OTHER

With the authority given by the State of Emergency Decree Laws, decisions of confiscation have been made for those who were decided to be arrested or detained by the investigation which was opened especially with the claim of being a member of Fethullah Gulen Organization. Thus, severe economic sanctions have being implemented.

MEETING AND DEMONSTRATION PROHIBITIONS

By justification of the State of Emergency, all meetings, demonstrations and press releases have been prohibited in many cities especially in such cities as Diyarbakır and Ankara.

IMPLEMENTATION OF PROLONGED DETENTION (30 days)

With the 23 July 2016 dated and 667 numbered State of Emergency Decree Law, the detention period has been increased to 30 days.

With the 668 numbered State of Emergency Decree Law, lawyer prohibition has been started to be implemented in the first 5 days of detention.

PRISONS

With the Article 32 of the State of Emergency Decree Law entered into force upon its publication on the 17 August 2016 dated Official Gazette and adding the provisional Article 32 to the 5275 numbered Law on the Execution of Sentences and Security Measures, probation period was abated from two third to one half in order for most of the criminal prisoners to benefit from and the probation period for those who have 1-year sentence remaining were changed to 2-year in the regulation, and an “implicit State of Emergency amnesty” was granted by this extension.

A different implementation was resorted for tens of thousands of prisoner arrested after the 15 July coup attempt by indicating the State of Emergency as justification. Especially the arrested generals and soldiers were transferred to the Sincan Prison and all of the political and ordinary prisoners were spread to other prisons. Security of the prison was taken from the gendarmerie and given to Special Operation Forces. At the same time, it was learnt that coup plotters were transferred to others prisons in Anatolia.

For there was no room in prisons, coup plotters were held in gymnasiums by transforming them into wardens, and open sports fields were transformed into open air areas for the aforementioned prisoners. Especially sports, workshop and chat activities were cancelled with the advent of coup plotters.

According to the information obtained, special units started to take care of prisoners both in Sincan Prison and other prisons, rather than ordinary prison administration and personnel. Additionally, it was learnt that the arrested soldiers are still taken to testify frequently.

Again, one of the amendments implemented in prisons after the coup attempt was the implementation of criminal record check (GBT) which was taken from soldiers. In some prisons, this responsibility was directly given to the wardens and criminal record checks were started to be implemented through the system. Taking the criminal record checks from soldiers became an indicator showing that the government does not trust in soldiers.

In accordance with the statistics published by the Directorate General of Prisons and Detention Houses, 187 647 people in total, 26 482 arrested and 161 165 convicted, were held in the prisons of Turkey as of 31 March 2016. With the recent arrestments, the number of arrested and convicted people reached to 220 000. Again in accordance with the same data, the capacity of prisons in Turkey was around 182 000.  Accordingly, the number of excess capacity which was 4 647 as of 31 March 2016 exceeded 30 000 with the recent arrestments. While many prisoners started to sleep on the ground, the cells in the F-Type Prisons, which were for 3 people, were transformed into those for 6 people by adding berths. This brought about important problems for prisoners in terms of area of use, health hygiene.

HUMAN RIGHTS ASSOCIATION