Dear Members of the Press,
As already known the following four different law packages were issued in 2003,
1) Law no 4778 (Official gazette on January 11, 2003)
2) Law no 4793 (dated 4 February 2003 Official gazette)
3) Law no 4928 (dated 19 July 2003 Official gazette)
4) Law no 4963 (dated 7 August 2003 Official gazette)
It was expected that the amendments in the law packages resulted in important improvements in the areas such as freedom of expression, freedom to organize, prohibition of torture, freedom to peaceful assembly, cultural rights, right to a fair trial, the right to personal security and liberty, superiority of civil authority, the use of different languages, the right to retrial.
Over 120 articles of total of 41 laws were amended since adoption of 7 packages in 2002 including 3 harmonization packages adopted by the 57th Government.
Dear Members of the Press,
2003 Human Rights Violation Turkey Report is composed of 600 pages. 200 pages of it are related to the torture cases. As our report is due to be published in book format on March. We have now presented the summary table for 2003. As you have seen, we are presenting more detailed summary table.
As it has always been done, we will analyze the torture and freedom of expression matters. However, we would like to express the results of a general observation and evaluation. It is not possible to say that no laws with the reform meaning are carried out in Turkey. Taking into consideration some applications, we think that a realistic evaluation is following:
a) Some of the reforms have not been implemented. For example, Kurdish or other minority language courses have not been secured yet, because of the bureaucratic obstacles. For instance broadcasting in other languages has not been realized. In both areas, bureaucracy have resisted to prepare new legislations and expanded the limitations which are not predicted in laws; created excuses (such as standards of windows and doors is not fit; programs or schedules are insufficient; teachers has no certificate…etc.) and this process has caused a delay on implementation. Some of the reforms have been formally carried out. For example, retrial under the relevant decision of European Court of Human Rights has been made legally possible but, the trials' procedure have been limited.
b) Some of the reforms have not been implemented in a stable way. For instance, implementations of amendments in the area of freedom to organize and freedom of demonstration and of association are implemented according to the understanding of governors and security directors in each city. The laws should be equally carried out under the same sense all over the country. Yet various social groups or individuals in various districts and cities have enjoyed the rights and freedoms according to governors and security director's evaluations or they have not been able to enjoy the rights and freedoms. Especially in panels, symposiums, meetings and demonstrations, and press conferences, there are different implementations. Attitudes and decisions of the public prosecutors and judges on the area of freedom of expression may be considered as an example of steadiness in implementation.
c) Some of the reforms have automatically been carried out in a normal way. For example, death penalty removed from the laws and normally no one has been sentenced to death penalty since the relevant law was amended. Another example is that on 30 November 2002 the State of Emergency lifted and related exceptional legal system is not carried out. If it is necessary to give a clear example, we may say that the decrease to detention period has been commonly implemented. An important exception is that tortures committed out of the official detention facilities have been continuing. In this kind of events, people whose liberty has been restricted have not been officially recorded and no prosecution has been opened against them. Clearly, there is no evidence that these people have been in detention. This issue is very important point. We will also refer this matter when we are analyzing the torture.
Improvements on the prohibition of torture in 2003
Under article 1 of the Law no 4778(4th Harmonization Package) adopted on 2 January 2003 and entered into force following the publication at the Official Gazette 11.01.2003, one paragraph has been added to article 245 of Turkish Criminal Code. According to this added paragraph;
"Given sentences under the article 243 provisions can not be postponed and transformed into fine sentences or other measures"
Briefly, according to this provision, sentences that were given to torturer can not be transformed into fine or postponed.
Article 33 of the law adds a new paragraph to article 2 of Law No. 4483 on Trials of Civil Servants (2.12.1999).
According to the attached paragraph;
"This provision shall not be carried out in investigations and prosecutions which are launched under the articles 243 and 245 of the Turkish Criminal Code (No. 765) and article 154/4 of the Turkish Criminal Procedure Code (No. 1412)."
Finally, the public prosecutors will be able to directly launch judicial proceedings about torture.
Under the article 19 of the Law No. 4928 (6th Harmonization Package) adopted on 15 July 2003 (published in n Official Gazette 19.7.2003) and Article 31 of Law No. 3842 was removed. Provision of the article regulated the restrictions about rights of detainees who were arrested due to offences under the State Security Court. Abolishing of the article caused implementation of same law provisions to all detainees irrespective of ordinary/political crimes. According to the provision, detainees have the right to access lawyers. Thus, an important step was achieved in the matters of personal security and liberty, right to a fair trial and also prohibition of the torture.
It is also an important improvement that under the article 5 of Law no 4963 (7th Harmonization Package) approved on 30 July 2003 (Official Gazette, 7.8.2003), article 7 was added to the Turkish Criminal Procedure Code;
"The prosecutions and investigations against people who have committed crimes under the articles 243 and 245 of Turkish Criminal Code (No. 765, 1.3.1926) are considered as urgent matters. And they shall be solved rapidly and they shall have priority. Relevant trials can not be discontinued more than 30 days, if there is no exceptional reason. These trials are also heard in judicial holiday."
In summary, crimes of torture will be considered in urgency; priority will be given to these cases; torture cases will also be determined in judicial holiday and hearings can not be postponed more than 30 days.
As you can follow from the mentioned figures, quite important legal measures have been taken in the area of torture. However, the torture was systematically and routinely continuing in 2003. According to information collected by the HRA, 1391 individuals were reportedly subjected to torture in 2003. 505 of 1391 cases were in the southern east region. From these torture events, we have made a main determination that 241 individuals were subjected to torture out of the official detention facilities in 2003. This fact means that those people have not been detained officially; these detentions have not been recorded; and officials have tortured them in streets, in markets, warehouses, minibuses or cars, or vineyards or orchards, out of the settlements. This new policy is to be ended.
We would like to refer Diyarbakır Branch Office's statistics about torture methods which have been used in torture cases experienced in Diyarbakır. Our Association found that 30 types of torture methods have been used in the southern east. According to findings, there were 505 torture cases; one of them is the falaka was used. 5 individuals were subjected to electric shocks and 4 individuals were subjected to Palestine Hanging. 416 people were beaten, 259 were insulted, 185 were forced to stay in a cell, 121 were not allowed to go to toilets, 118 were cursed, 87 were threaten and tortured by various ways during detention period.
Number of the torture cases in recent years as follows;
594 torture cases in 1999
594 torture cases in 2000
862 torture cases in 2001
876 torture cases in 2002
1391 torture cases in 2003
The increase of case is connected with the increase people's consciousness about the right to remedy. The torture data of HRA are based on the applications to it. But we know that, torture complaints do not reflect the total torture cases. The fact that number of torture cases did not decrease to less than 500 last five years is an important evidence of torture. Moreover we should not conclude to the decrease of torture cases. We should outline that torture methods have been changed. Exampling that one person in southern east region of Turkey was subjected to the falaka which have been traditional torture methods since Ottoman Empire; electric shocks and palestine hanging have been rarely used as torture methods, we should consider these examples indicate the efforts of security forces not to leave any visible signs. This is just a dissuasive effect of the recently adopted laws. However, this fact indicates that the understanding of torture is still continuing. We demand the political power be more stable to prevent torture and judiciary to take decisions according to human rights standards and the principle of superiority of law. In this framework we would like to refer to launched trials against torture perpetrators in 2003. The figures as follow:
There were 44 torture trials and investigations in 2003. Totally 127 people including 188 security officials and 3 medicians were trialed as they allegedly committed torture. 16 trials and investigations were ended.
In ended trials,
20 police officers were sentenced to imprisonment's 76 years and 8 months. Given to 7 people 7 sentences were postponed (4 years 4 months).
11 police officers were dismissed.
Trials against 30 police officers were dropped because of the time statue. 20 police officers were acquitted.
A trial against 1 police officer was postponed for 5 years.
Investigations against 2 police officers were ended by a non action decision. Discipline investigations against 2 police officers (who were found guilty by the court) were cancelled.
Figures of trials about deaths during the detention period read as follows:
A total of 89 security officers (including 54 police officers, 32 village guards and 3 soldiers) were trialed in 9 trials as they played roles in 10 killings during detention in 2003. 4 trials were ended in 2003. In 12 trials, 18 security officers were acquitted; one of the accused officers' case file was separated; remained 6 officers were sentenced to 24 years 7 months and 10 days imprisonments, and totally 3 year 3 month ban from performing their professions.
HRA will keep on saying that "impunity policy is continuing" as long as trials are not ended for 13 years; all level authorities including directors found guilty of torture offence and are responsible will have not been punished and dismissed from duty during the trial periods. In fact this is a no punishment policy. There is no other meaning. The measures should be rapidly taken to prevent torture with the consideration of recommendations (including judicial, administrative, educational and legislative) of HRA, Human Rights Foundation of Turkey as well as Consultative Committee on Human Rights.
Developments in the area of freedom of expression in 2003
Article 15 of the Press Law, Article 6 and 44 of the Law on Associations were amended under the 4th Harmonization Package.
Article 8 of the Anti Terror Law was abolished under the 6th Harmonization Package. The 7th harmonization package amended the articles 159 and 169 of the Turkish Penal Code. Under the same package, one paragraph was added to article 426, and "and destruction" words were removed from the Article 427 of the Turkish Penal Code.
According to HRA's statistics on the area of freedom expression,
Trials against 166 people were launched in 1999,
Trials against 418 people were launched in 2000,
Trials against 3473 people were launched in 2001,
Trials against 2498 people were launched in 2002,
Trials against 1706 people were launched in 2003.
Taking into consideration the last five years, we may observe the willingness of public prosecutors to launch trials. The freedom of expression' understandings of public prosecutors are different in each district and city. In spite of the fact that in some cities the police complain, there are public prosecutors who take non action decisions especially in the investigations about press releases of association. However there are public prosecutors who launch trial against all press releases.
As already known, the freedom of expression is a main freedom. In this area, we should consider not only visual and written press (such as TV, radio, newspaper, journals, books) but also panels, symposiums, press conferences and freedom of demonstration and association. You can follow the figures in this area in the summary table.
Dear Members of the Press,
We have presented a summary table about violations. As you may follow from the table in 1999, 2000, 2001, 2002 and 2003, there is an important decrease of violation in some rights categories. However violations of human rights are still continuing.
HRA has thought that taking into consideration of its existing system and experiences, Turkey has a military and authoritative country quality in spite of its democracy tendency. In order to reach a higher level in the area of human rights standards, it is not enough that the democratic public opinion raise their objections and demands. The political power and authorities of public opinions should behave in the line with human rights and freedoms; they should take into consideration these standards while they are acting.
Based on human rights, a new democratic constitution is needed for Turkey. Human rights are protected by impartial and independent judiciary. So, it is necessary to restrict the judiciary according to the principle of superiority of law. Turkish laws on elections and political parties should not include bans and barriers. Turkey should end torture, protect freedom of expression, and carry out cultural rights. Turkey should prepare open and assessable plans and projects about the evacuated villages and it should establish rooted internal peace. Turkey has an opportunity and possibility to resolve the Kurdish question in a peaceful and democratic way without conflict. Firstly citizens of Turkey with Kurdish origin have demanded it. Turkey should adopt pluralism and respect all its citizens with the sense of constitutional citizenship. Turkey should not be a country where 107 prisoners died due to death fasts. Turkey should not be a country where people who want to inform the public opinion about mentioned violations are beaten and injured.
It is possible to change these figures which were faced in 2003. Changes bring development, protection, and human rights. To achieve this change, the human rights should be respected, required mechanisms and procedures should be established and demised.
HUMAN RIGHTS ASSOCIATION