Special Reports

Violations of Human Rights during the on-going curfew since 11.00 pm on December 14, 2015 in Cizre and Silopi (covering 15 days of curfew)

Şubat 2, 2016
İHD

CURRENT SITUATION:

A curfew to begin at 11.00 pm on the 14th of December, 2015 has been declared in the centres of Cizre and Silopi towns of Şırnak by the Governorship of Şırnak according to the article 11/C of Law for Provincial Administration numbered 5442.

Human rights violations during the ongoing curfew are;

  • The right to life
  • The right to health
  • The right to education
  • The inviolability of domicile
  • The right to communication
  • The freedom of housing and travel
  • The right to fair trial
  • The presumption of innocence
  • The right to a private and family life
  • The right to free movement
  • The immunity of person and the right to develop one’s physical and spiritual being.

Violations of the RIGHT TO LIFE during the curfew

OBSERVATIONS:

Violations of the right to life in CIZRE;

  1. On December 16, 2015, a 30-year old female, Hediye Şen, was shot dead by security forces as she walked into the garden of her house in the Cudi Neighbourhood of Cizre.
  1. On December 17, 2015, Doğan Aslan (24), father of three, was shot dead on the back by security forces in Cudi.
  1. On December 18, 2015, a 15-year old boy, İbrahim Akan, reportedly died from injuries caused by a cannon ball that hit his house during a tank fire in the Nur Neighbourhood of Cizre.
  1. On December 19, 2015, a 70-year old elderly man, Selahattin Bozkurt, was shot dead by security forces as he walked into the garden of his house in Cudi.
  1. On December 19, 2015, a 42-year old male and a worker of the National Post (PTT), Yılmaz Erz, was shot dead by security forces in the Yafes Neighbourhood of Cizre.
  1. On December 19, 2015, Lütfü Aksoy (25), father of three, was seriously injured in tank fire in Cudi. Aksoy died at the hospital on December 23, 2015.
  1. On December 20, 2015, a 40-year old female, Zeynep Yılmaz, was shot dead by security forces in Yafes.
  1. On December 20, 2015 in Nur, a 32-year old female in the 8th month of her pregnancy, Güler Yanalak, was shot in the abdomen by security forces, resulting in the infant’s death as well as serious injury to the mother.
  1. On December 21, 2015, Cahide Çıkal (38), mother of two, died from injuries caused by a metal object that fell into her kitchen during a tank fire.
  2. On December 22, 2015, a 32-year old male, Doğan İşçi, was seriously injured by shell fragments after a cannon ball fell into his house in Nur. İşçi died due to the prevention of his timely hospitalization by security forces.
  1. On December 22, 2015, a 34-year old male, Mehmet Tekin, was shot dead by security forces in Nur. He was buried in Şırnak as the transfer of his body to Cizre was not permitted by the authorities.
  1. On December 22, 2015, a 38-year old male, Mehmet Saçan, was shot dead on the head by security forces in Cudi.
  1. On December 22, 2015, a 75-year old elderly woman, Emine Duman, died due to a cardiac arrest triggered by tank fire near her house.
  2. On December 23, 2015, a 59-year old female, Azime Aşan, died from injuries caused by a cannon ball that hit her house in
  3. On December 23, 2015, Dikran Sayaca (45), father of five, was shot dead by security forces.
  1. On December 24, 2015, a 19-year old male, Ferdi Kalkan, died from injuries caused by a cannon ball that hit at his house in Cudi.
  1. On December 24, 2015, a 27-year old male, Abdulmecit Yanık was injured in gunfire by security forces in Yafes. Yanık died due to the prevention of his timely hospitalization by the security forces.
  1. On December 24, 2015, Hacı Özdal, father of three, was seriously injured in gunfire by the security forces in Yafes. Özdal died due to the prevention of his timely hospitalization by the security forces.
  1. On December 25, 2015, a 3-month old infant, Miray İnce, was seriously injured in the face in a gunfire by the security forces in Sur. She could not be saved despite hospitalization.
  1. On December 25, 2015, infant Miray İnce’s grandfather, 73-year old Ramazan İnce was shot dead by security forces as he was trying to carry his granddaughter Miray to an ambulance waiting on the main street, waving at the same time a white flag.
  1. On December 28, 2015, a 16-year old boy, Hüseyin Ertene, was shot dead by security forces.
  1. On December 28, 2015, a 5-year old child, Hüseyin Selçuk was shot dead by security forces.

Incidents of Injury in Cizre

  • On December 14, 2015, a 15-year old girl, Mevlude Igdi, was injured on the right side of her head by a metal object as she was in the backseat of her family’s car, leaving Cizre for the village of Davutkaya with her family who, after the curfew notification, had decided to leave Cizre for safety issues.
  • On December 15, 2015, as the curfew was going on, an 11-year old boy, Ferat Tanış was shot in the eye with a bullet. His condition remains serious.
  • On December 16, 2015, around 5.00 am, a 23-year old man, İsmail Acay was shot by the security forces as he was returning to his house from the outdoor toilet in his pyjamas. His relatives called 155 and 112 for an ambulance. However, they were told that the ambulance could not enter the street due to safety issues and were asked to come out to the main street themselves waving a white cloth. At daylight Acay’s relatives brought him to the ambulance, waving a white flag as they were told. Acay was first admitted to Cizre State Hospital and then referred to Şırnak City State Hospital. On December 19, 2015 he was prematurely discharged due to the police pressure although his condition was not stabilized. Immediately after his discharge and early in the morning, he was taken first to the Şırnak Police Department Counter-terrorism Unit as a “suspect” and then, after his interrogation, to the prosecutor. He was arrested and sent to the Şırnak T-type Prison on the allegations of “acting against the indivisible integrity of the state with its territory and nation” according to the article 302 of the Turkish Penal Code.
  • On December 16 2015, in Cudi, a 21-year old man, Mevlüt Şimşek, was shot in the left hip by security forces whilst climbing on the rooftop of his house to get water.
  • On December 17, 2015, a 14-year old boy, Davut Yanık, was injured in a gunfire by the security forces.
  • On December 17, 2015, in Cudi, a 75-year old elderly man, Osman Emcür, was shot and seriously injured in the abdomen by security forces.
  • On December 18, 2015, an employee of the Cizre Municipality, 29-year old İrfan Uysal, was shot in the left arm by security forces. His arm has been amputated.
  • On December 20, 2015, a 35-year old woman, Hediye Çete, was injured by a metal object that hit her chest as she was in the garden of her house in Cudi.
  • On December 20, 2015, a 17-year old boy, Yakup Kural, was shot in the right leg as he came out to his doorstep in order to escape the barrage of police gunfire targeting his house. Almost immediately after his admission to the hospital, he was discharged and, on a stretcher, first taken to the prosecutor and then to the courtroom. He was arrested on the charge of “acting against the indivisible integrity of the state with its territory and nation” according to the article 302 of the Turkish Penal Code and and sent to the Şırnak T-type Prison.
  • A 37-year old man, Kahraman Caba, was injured in the abdomen by shell fragments fired from a grenade launcher in Yafes. After his discharge from the hospital, he was immediately detained and interrogated as a “suspect” for two days at the Şırnak Police Department Counter-Terrorism Unit. He was then taken to the prosecutor and arrested on the charge of “membership in an illegal group” according to the article 314/3 of the Turkish Penal Code and sent to the Şırnak T-Type Prison.
  • On December 23, 2015, a 55-year old woman, Adile Karaduman, was shot and injured by security forces at her doorstep.
  • On December 25, 2015, infant Miray İnce’s aunt, 38-year old Rukiye İnce, who was with her father Ramazan İnce (see above), trying to bring her baby niece to the ambulance waving a white flag, was injured in the gunfire by security forces.
  • On December 26, 2015, Zekiye Eren, affected suffered a spontaneous miscarriage under the impact of bombardment.
  • On December 26, 2015, Asya Sezgin suffered a spontaneous miscarriage under the impact of the bombardment.
  • On December 27, 2015, a 35-year old man, Ali Tetik, was injured in a gunfire by security forces in Cudi.
  • On December 27, 2015, a 23-year old man, Mehmet Erik, was injured in a gunfire by security forces in Yafes.
  • On December 29, 2015, 16-year old mentally #handicapped or disabled# retarded boy, Yunus was injured in a gunfire by security forces in Cudi.

Violations of the Right to Life in Silopi

  1. On December 16, 2015, a 70-year old elderley man, Hüseyin Güzel, died due to a cardiac arrest caused by stress factors after his house in the neighbourhood of Başak was hit by a grenade shell.
  2. On December 17, 2015, a 80-year old elderly man, Yusuf Abi, died due to a cardiac arrest after a long-lasting barrage by security forces targeting his house in the neighbourhood of
  3. On December 18, 2015, a 17-year old boy, Reşit Eren, was killed by a cannonball shell that hit a house in the neighbourhood of
  4. On December 18, 2015, a 16-year old boy, Axin Kanat, was killed by a cannonball shell that hit a house in the neighbourhood of
  5. On December 19, 2015, 18-year old, İbrahim Bilgin, was injured in a gunfire by security forces targeting his house in the neighbourhood of Yeşiltepe. He died due to the prevention of his timely hospitalization by security forces.
  6. On December 19, 2015, a 25-year old man, Şiyar Özbek, was killed in a gunfire by security forces in
  7. On December 19, 2015, a 70-year old elderly man, Süleyman Çoban, was killed in a gunfire by security forces in Başak.
  8. On December 19, 2015, a 57-year old woman, Taybet İnan, was shot by security forces in armoured vehicles in front of her house on Cumhuriyet Street in Nuh. Her body remained uncovered on the ground for 7 days and was finally taken to the Şırnak State Hospital for autopsy on December 25.
  9. On December 19, 2015, Taybet İnan’s brother-in-law, 40-year old Yusuf İnan was shot and died due to blood loss in the garden of his house on Cumhuriyet Street in Nuh as he was striving to help his injured sister-in-law Taybet.
  10. On December 20, 2015, 40-year old Ayşe Buruntekin, mother of nine, was shot dead by security forces as she climbed up to the roof of her house in
  11. On December 21, 2015, an 11-year old boy, Mehmet Mete Kutluk, died due to serious injury on the head sustained from fragments of a cannonball shell that hit his house.
  12. On December 26, 2015, a 75-year old man, Hasan Sanır, was shot dead in a gunfire by security forces.
  13. On December 27, 2015, 70-year old dengbêj Salih Erener, aka Salih Şirnexi, died by reason of the impossibility of an hospitalization despite all efforts due to heavy bombardment.
  14. On December 29, 2015, 30-year old Seyfettin Sidar’s body was recovered. His family reported that the father of two had been absent for 4 days.

Incidents of Injury in Silopi

  1. On December 16, 2015, a 60-year old man, Hacı Yusuf was injured in a barrage of gunfire  by security forces in the neighbourhoods of Başak and Barbaros.
  1. On December 19, 2015, Taybet Inan’s husband, Halit İnan was shot and injured by security forces as he went out on Cumhuriyet Street in Nuh to take his wife’s body.
  1. On December 19, 2015, a 50-year old man, Mahmut Erdoğan, was injured in the foot by fragments of a grenade shell that hit his house.
  1. On December 20, 2015, 22-year old mentally retarded Egit Kaçar was shot by security forces in Başak.
  1. On December 21, 2015, a 55-year old man , Yusuf Nas was shot by security forces as he was trying to reach his brother’s house in the neighbourhood of Karşıyaka in order to put out the fire that started after a cannon ball shell hit the house.
  1. On December 22, 2015, in Nuh, a 28-year old man, Mahmut Oruç, was shot and injured in the chest by security forces.
  1. On December 22, 2015, in Nuh, 45-year old Cindi Algur, was shot and injured in the back by security.
  2. On December 24, 2015, 45-year old Şirin Altay, mother of seven, was shot and seriously injured on the head and the foot by security forces.
  3. On December 25, 2015, 23-year old Mihriban Ökten, mother of one, was shot and injured by security forces whilst in the garden of her house.

Detentions and Arrests in Cizre and Silopi

  • On December 16, 2015, around 5.00 am, a 23-year old man, İsmail Acay, was shot by security forces as he was returning to his house from the outdoors toilet in his pyjamas. His relatives called 155 and 112 for an ambulance. However, they were told that the ambulance could not enter the street due to safety issues and were asked to come out to the main street themselves waving a white cloth. At daylight Acay’s relatives brought him to the ambulance, waving a white flag as they were told. Acay was first admitted to Cizre State Hospital and then referred to Şırnak City State Hospital. On December 19, 2015 he was discharged by reason of police pressure although his condition was not stabilized. As soon as discharged and early in the morning, he was taken first to the Şırnak Police Department Counter-terrorism Unit as a “suspect” and then, after his interrogation, to the prosecutor. He was arrested and sent to the Şırnak T-type Prison on the allegations of “acting against the indivisible integrity of the state with its territory and nation” according to the article 302 of the Turkish Penal Code.
  • A 37-year old man, Kahraman Caba was injured in the abdomen by shell fragments fired from a grenade launcher in Yafes. After his discharge from the hospital, he was immediately detained and interrogated as a “suspect” for two days at the Şırnak Police Department Counter-Terrorism Unit. He was then taken to the prosecutor and arrested on the charge of “membership in an illegal group” according to the article 314/3 of the Turkish Penal Code and sent to the Şırnak T-Type Prison.
  • On December 20, 2015, a 17-year old boy, Yakup Kural, was shot in the right leg as he came out to his doorstep in order to escape the barrage of police gunfire targeting his house. Almost immediately after his admission to the hospital, he was discharged and, on a stretcher, first taken to the prosecutor and then to the courtroom. He was arrested on the charge of “acting against the indivisible integrity of the state with its territory and nation” according to the article 302 of the Turkish Penal Code and and sent to the Şırnak T-type Prison.
  • On December 28, 2015, 23-year old anaesthetic technician, Agit Tetik, was taken under custody by security forces for he provided first aid and accompanied to the hospital his uncle Ali Tetik who was injured in his own house. After a 24-hour detention, he was interrogated by the prosecutor and arrested by the Cizre Criminal Court of Peace with neither access to legal assistance nor any evidence against him. The criminal suspicion stated in the preamble of arrest is that “his family having strong ties with the PKK.”
  • Mesut Ayık
  • Mahsum Kert
  • İbrahim Yural
  • Kadri Aşut (released on December 29)
  • Mazlum Özmen
  • İzbat Zeyrek

OPINIONS AND CONCLUSION:

The curfew declared on December 14, 2015 from 23.00 onwards has resulted in a great number of human rights violations, particularly the violation of the right to live, and continues to do so. A great number of citizens lack basic supplies and many patients with chronic diseases cannot receive medical care. Most of the casualties and injuries have been caused by snipers’ shootings or shell fragments. Several neighbourhoods in both towns have been deprived from water and electricity since the first day of the curfew.

Although required, an efficient investigation by the Prosecutors of Cizre and Silopi of the human rights violations cannot possibly be carried out under curfew circumstances. Evidence is being spoliated and even destroyed in the absence of an efficient investigation. During the curfew, civilians who were injured by snipers or shell fragments as well as those who accompanied the injured to the hospital have been treated as “suspects” and taken under custody by security forces. Criminal law attorneys have been unable to be present at court due to safety issues. The courts on duty have unlawfully arrested the accused in absence of evidence and of offered legal assistance. These are clearly violations of the right to a fair trial, the presumption of innocence and the right to defense.

The lawyers of the Human Rights Association were refused the autopsy reports of the casualties by the Şırnak Prosecutor.

The claims by local citizens concerning unofficial (off-the-record) forces taking part in barrages are still to be investigated.

The 19 bodies brought from Cizre and Silopi and kept in the Şırnak State Hospital morgue, which has a capacity of 6 bodies only, are currently decaying since their burial is not permitted by authorities and they cannot be taken to their hometowns due to the ongoing curfew. This is a violation of human dignity as well as an insult to the memory of the deceased.

The curfew itself is a violation of the right to life and prevents the truth about civilian killings from being unrevealed. In fact, the curfews contribute to the legitimatization by the government of civilian killings, which are not considered violations of the right to life.

The ongoing curfews in Cizre and Silopi prevent the assessment of the real outcome in terms of casualties and injuries. We have been informed that a great number of bodies are still lying on the streets and cannot be taken.

The policies of “impunity” lay the ground for the crimes committed by the government. The fact that efficient investigations are not being carried out is one of the most obvious examples of the policy of impunity which encourage the security forces to behave irresponsibly about violations of human rights.

Therefore, it is urgently necessary that the ongoing curfews be immediately lifted and perpetrators be found and punished with efficient investigations, in regard to civilian killings in particular.

*The incidents and observations included in this report are based on the interviews carried out by the lawyers of the Şırnak Branch of the Human Rights Association (İHD) at the Şırnak State Hospital, Şırnak T-Type Prison, Şırnak Public Prosecutor’s Office and the Cizre Public Prosecutor’s Office as well as with members of the Human Rights Association residing in Cizre and Silopi.

 

HUMAN RIGHTS ASSOCIATION, ŞIRNAK BRANCH