In 2008 evaluation, we claimed that public demands for the establishment of a democratic system based on fundamental rights and freedoms increased, however; neither parliament nor government did not fulfill its obligation.
In 2009, the main topics discussed were trial practices and especially openings. Yet after intensive discusses on the issue discourse of opening, particularly ones regarding to Kurdish Question were blocked.
Local election results at March 2009 placed state under the obligation of taking steps on the Kurdish Question. As a result of international dynamics, in addition to result of local election, the state for the first time accepted the Kurdish Question officially and realized the necessity of reaching a solution for this problem. Yet the Kurdish problem was merely assigned to judiciary in March by the transformation process from Kurdish Opening to the expression “Democratic Initiative”, and then to “National Unity and Solidarity”. In other words, the government who accepted existence of the problem chose the wrong method to solve this problem and created a risk of elimination the Kurds from the civil politics. In this context, Democratic Society Party (DTP) was closed, DTP deputies were forced to give testimony in courts, many member and executives of DTP were arrested, and the pressure on many members and executives of Peace and Democracy Party (BDP) whose activities became more visible after the closure of DTP has continued, and lastly, tens of new and previous municipality mayors were arrested. Thus at the end of the year, the Kurdish Question could not go beyond the doors of court of house. This picture also shows that Grand National Assembly of Turkey (TBMM) could not fulfill its historical engagement and left the Kurdish Question to the administrative and military bureaucracy.
On the other hand, the positive developments in 2009 can be listed as launching the broadcast in Kurdish language in TRT, elimination of the barriers in front of private television to launch broadcast in Kurdish, providing opportunity for speaking in Kurdish, though too restricted, in prisons. Needless to say, the most important one was the acceptance of Kurdish Question officially.
Alevi Workshops and Turkey-Armenia Protocols were also matter of debate in the opening process. Although violation of right to which Alevi have been subjected should have been dealt with and solved in the context of “ anti-discrimination” and “ freedom of thought and faith”, this solution process were temporized, showing political sidedness of government’s view on fundamental rights and freedom. In other word, government pretended to solve problems, while continuing its deadlock policy. Although the establishment of Turkey-Armenia Protocols is an important historical development, to make ratification of these protocols by TBMM bound upon Armenia-Azerbaijan relations shows that these protocols were treated as foreign policy instrument.
Some of the improvements in 2009 were also investigations and prosecutions against coup d’etat attempts, various developments to reduce military tutelage, and paving the way for hearing military officers by civilian courts. On the other hand, the government avoided reckoning with 12 September and facing with the recent past, and did not show a strong will for the investigation of the aftermath enforced disappearances in 80s and 90s and murder by unknown assailants cases, which show its restricted and narrow point of view. It is obvious that the government has taken action only for subjects of investigation which were against itself. Yet a beginner attempt to put those who commit crimes against public on trial should be recorded as an encouraging development.
In 2009, EU enlargement process remained to be stable. Meanwhile, the position of the government and that of EU were very similar and close to each other. Also there occurred no change in the neutral approach of the government which has continued since 2005, regarding to be admitted to membership of EU.
After long years, in 2009, NGOs, democratic mass organizations, trade unions, trade bodies, political parties, intellectuals, writers and journalists came together to organize the “Democratic Constitution Conference”. In this context, they put forward the requirement for a new Constitution to establish a system based on fundamental rights and freedom and to democratize Turkey in a real sense. It is our hope that this need would become a general demand of whole society in 2010. On the other hand, a constitutional amendment that was promised by government in 2007 was unfortunately still not actualized in 2009.
In our 2008 evaluation, we claimed that society in Turkey had heavy demand on new political formations. However, the failure in establishment of new political formation in 2009 can be evaluated as a missed opportunity from the perspective of society in Turkey.
More points of issues can be mentioned about 2009. Human right violations mentioned under the titles of various rights (hereinafter) show that year of 2009 was not too much different than 2008 and violations of rights and freedom have continued increasingly.
VIOLATION OF RIGHT TO LIVE
has carried on. According to HRFT’s findings, 18 persons were murdered by unknown assailants and 46 persons were dead as result of the fire by law enforcement polices after their stop warning, in other words, an extra juridical execution as we define. Moreover, the number of death in prisons and detention centers because of suspicious suicide, fight and prevention of medical treatment increased to 39; while 6 out of them occurred in detention centers, 33 occurred in prisons.
During the ongoing armed conflicts, 138 people out of which 61 were soldiers, 7 were temporary village guards, 66 were militants, 4 were civic people lost their lives. As a result of land mine and ammunition explosion, a total of 41 people out of which 7 were children, 18 were civilians, 15 were soldiers, one was militant and one was police officer died.
Given that deadlock policy about the Kurdish Question causes violation of right of life, we should not have any citizen to lose. The fact that Honorable Prime Minister, who says “Mothers shall not cry”, has adopted an elimination policy rather than the application of examples of France, Spain and England to solve the Kurdish Question seems contradictory. An additional fact which has lead violation of right of life is PSVK amendment. The increase in number of people who died as a result of extra juridical execution shows how illegal this law amendment is. Yet government did not take any action about this issue.
Moreover, the government’s claim about the Kurdish Question that any monitoring mechanism of police and gendarme has not been established during the democratic opening process can be considered as a confession of an important deficiency in this area.
TORTURE and ILL-TREATMENT
Until the end of November, 436 people applied to HRFT claiming torture and ill-treatment. According to official statistics of Ministry of Justice, in 2008, 153 cases on torture and persecution crimes were opened and 403 people have been put on trial as crime suspects. Even these numbers are sufficient to show that torture and persecution have continued gravely. Relatedly, in 2008, 11256 case were opened in accordance with article of 265 of Turkish Penal Code (TCK), using violence or threats against a public official to prevent them from carrying out a duty and in these trial 18859 people who alleged to have committed this offence were judged. According to 2008 statistics, 76,9 cases in accordance with the article of 265 in per a torture and persecution case were opened. These numbers illustrates that impunity policy to fight against torture and ill-treatment, which unfortunately created an impunity culture, has continued. In another perspective, the transmittal of the Optional Protocol to the Convention to Torture to TBMM in order to fight against impunity culture and reduce claims of torture and ill-treatment was an important step. However it was a proof of political deficiency that TBMM has not yet ratified the protocol.
PROHIBITION OF DISCRIMINATION
Given that our current constitution is not respectful for differences because of its ideological characteristic, it has basis for discrimination practices. Absence of an institution that deals with equality through fighting against discrimination and a law codifying the prohibition of discrimination in Turkey can be listed as the already discussed but not yet actualized issues in 2009.
FREEDOM OF THOUGH AND FAITH
To avoid taking a decision for opening of Clergy School in Heybeliada, which is one of the main demands of non-Muslim citizens, and for meeting Alevi’s demands were main of topics of 2009 which were emphasized but not actualized.
FREEDOM OF THOUGHT , EXPRESSION AND PRESS
The articles of 134, 214, 215, 216, 217, 218, 220/6,7 and 8, 222, 277, 285, 288, 300, 301, 305, 314/3, 318 and 341 of Turkish Criminal law, anti-terror law, misdemeanor law, law of 2911, political parties law, law on trade union, law on foundation and law to protect Atatürk contain very important legal regulations regarding restricting freedom of thought, expression and press. According to findings, in this year, 387 were sentenced in accordance with freedom of thought and expression law, 36 journalist were judged as being under arrest, 31 newspapers and journals were confiscated, 66 books were banned and access to 4662 web were restricted. The number of investigations against press members for their duties rose to thousands. In conclusion, 2009 can be defined as a black mark in history in terms of freedom of thought, expression and press.
CHILD VICTIMS OF ANTI-TERROR LAW (TMK)
In 2009, 177 juveniles that have been tried in Heavy Penal Courts with accusation of joining to demonstrations were sentenced to imprisonment of 772 years, 2 months, 26 days. Trial of these children, called as “child victims of TMK” in public, in Heavy Penal Court is critical violation of anti-terror law. The transmittal of amendment of law regarding that issue, though insufficient, to TBMM should be evaluated as success of “Justice Inviter” and “Judicial Initiative For Children”. Yet efforts of the government to make this important issue regarding children a matter of bargain shows its security-sided approach to fundamental rights and freedom.
RIGHT OF MEETING AND PROTESTED MARCH
In 2009, not only the law no. 2911 was not amended but also violations in the area of that right gradually increased. Gross violations occurred as a result of intervention of security forces to meetings and demonstrations. 6 people died, 365 were injured, 12976 were detained and 732 were arrested in 10 meetings and demonstration, one consisting of meeting and demonstration hold by Tekel workers in Ankara in December, one in Istanbul on 1 May and especially the ones in East and Southeast region. Thus it can be claimed that right of meeting and demonstration were crucially violated in 2009.
FREEDOM OF ASSOCIATION
In 2009, cases of the closure of 5 political parties and an association have continued. Especially closure of DTP revealed a serious violation of that right. Political Parties’ buildings were attacked by unknown persons in 140 times. Security forces made raids on buildings of institutions, especially that of political parties in 48 times. Especially not changing the regime of political parties became effective on continuity of judicial tutelage by the government.
PERSONAL SECURITY AND FREEDOM AND PRISONER RIGHTS
In 2009, there were 45 prisoners who have been waiting for a proper medical treatment. At the end of November in 2009, 117, 061 prisoners out of which 40206 are pre-trial detainees, 76,855 were convict. High percentage of arresting illustrates how heavy the arrest policy is. It should be noted that the percentage of arrest for the first time raised that much. Violations of rights have continued in prison. Also the issue of Imralı Prison remained the same as result of increase in tension of public. Requests of NGOs to investigate this prison have not been answered yet.
In 2009, as result of lynch attempt, 4 people dead, 43 people were injured, 13 people had to decide to turn back their homeland and 42 house and work places were damaged. These lynch attempts can be defined as an important problem that threatens personal security.
RIGHT TO FAIR TRIAL
Although the strategic action plan on judicial reform was prepared, no concrete step was taken in 2009, thus violation at that area has continued. In this regard, bilateral judicial system in current constitution, existence of Heavy Penal Court that is follow-up of State Security Court (DGM) in civil judiciary, current situation of HSYK, ideological approach in judiciary made argumentations regarding the judiciary a current issue. Moreover, telephone tapping unlawfully and giving permission to audio-surveillance resulted in heavy violation of freedom of communication.
RIGHTS OF REFUGEE AND ASYLUM SEEKERS
In 2009, there were no concrete developments in this area. High residence fee requested from asylum-seekers has continued to cause serious problems.
PRESSURE AGAINST TO HUMAN RIGHT DEFENDERS
In 2009, pressures on human right defenders raised increasingly. The ongoing imprisonment of Lawyer Filiz Kalayci (board member of the Human Rights Association) in 2009, the imprisonment of Ms. Yuksel Mutlu (a member of the Honorary Board of the Human Rights Association ) for six months in 2009, the penalties of imprisonment and fines against Ethem Açıkalın (Former President of Adana Branch of Human Rights Association) in 2009 and the investigations and cases against the other members and executives of IHD were the indicators of existence of the pressure on the human rights defenders in Turkey. UN Declaration of Human Right Defender Protection of which Turkey are party was not actuated. Despite Interior Ministry’ circular letter no. 2004/139, increase in pressure in practice is concrete proof of that the government approach to human right is security-sided. Moreover, Turkey has not had an autonomous and neutral human right institution yet.
ECONOMIC AND SOCIAL RIGHTS
2009 was the year in which destructive effects of world economic crisis were felt in Turkey. Official and unofficial unemployment rates rose the highest level and poverty gradually deepened. As a result of liberal policy of the government, welfare state’s practice turned in to social aid state.
In conclusion, 2009 was the year in which many discussion on democratic opening were hold, however; it was blocked at the end of year. The government did not adopt a brave attitude to actualize what it mentioned earlier and make an effort to reduce violation of fundamental right and freedom. On the other side, 2009 would be defined as a year in which Kurdish question was officially accepted, coup d’etat attempter were tried, 1 May were announced as official holiday, and the unemployment rate was the highest.
It is our hope for 2010 is that solution process of problems of human right and democracy in Turkey would impose itself with its inner and external dynamics and the current blockage would be overcame.
ÖZTÜRK TÜRKDOĞAN
GENERAL PRESIDENT