Dear Members of the Press,
Today we celebrate the 18th anniversary of the establishment of the Human Rights Association. The HRA was founded by 98 individuals on July 17, 1986. We would like to thank again the founders, members and activists of the HRA, as well as all those who have supported the association.
Dear Members of the Press,
It is well known that the HRA has presented summary tables with its annual, monthly, three month, and nine month period reports since 2000. We are now preparing comparative tables to show the changes among these periods. This comparative method provides us an opportunity to evaluate the activities of the executive body and to assess the effects of any new laws if applicable to the relevant period. At this point, we would like to recall that the HRA does not make certain judgments about the improvements on the figures of its summary tables concerning short term changes and it does not use expressions such as “Okay, this situation became a steady experience”. The HRA merely expresses appreciation when, as a result of comparison between a subsequent period and a previous one, an improvement is found.
Additionally, as the journalists who have been attended our press meetings well know, the HRA also submits the last 5 years of data regarding certain rights categories. We use this method in order to provide better observation of the changes of practices and of their characteristics. If there is an improvement, its steadiness is evaluated by considering its implementation for an extended period.
At today’s press meeting, we will present a summary table in a different way. We will present three summary tables: first, a summary table concerning the first three months of 2004 (January-March); second, a summary table concerning the second three months of 2004 (April-June); and third, a six month period’s summary table which indicates total figures.
Before we submit them, however, we would like to evaluate the important events of 2004.
The local administrations were voted on 28 March 2004. Generally, it was a calm election and the level of participation was high. The election also provided an opportunity to discuss the problems of local administrations.
During the first six months of 2004, people continued to die because of the death fasts. Since 20 October 2000, some detained and convicted people have implemented a resistance to the isolation conditions found in F Type Prisons by engaging in hunger strikes and death fasts. Many of these persons have lost their lives and the number of deaths increased to 115. Silence regarding these deaths also continues. We oppose the isolation and we are making efforts to deal with this problem. Unfortunately, the isolation problem continues.
We also note that the isolation problem also appears in the new D Type prisons.
On the other hand, the İmralı Closed Type Prison is a prison where only one person is held and where intensive isolation is experienced. Abdullah Öcalan has been held there in this condition of isolation since 1999. Visits from his relatives and lawyers are being restricted, and his family and lawyers have not been given clear information concerning his health.
Another important event of the period is that the Kongra-Gel abandoned its unilateral cease fire resolution since 1 of June. As we indicated in our statements concerning the matter, the HRA opposes both violence and wars. The HRA strives to avoid the recurrent experience of armed conflict. It therefore defends the view that all problems involving the Kurdish question should be resolved by peaceful and democratic methods and means. It recalls the government to perform profound economic, social, democratic, cultural and political reforms regarding the establishment, protection and improvement of the peace.
At the beginning of 2004, the International General Secretary of Amnesty International visited our country. She visited our association and expressed her solidarity. Madam Secretary General carried out official meetings with the high level authorities including the Prime Minister. In June, delegations of Human Rights Watch, the International Federation of Human Rights and Amnesty International visited our country and our association as well. We held meetings with ministers and high level authorities regarding the human rights situation in our country.
At the first six month period of 2004, the Birtan Altınbaş trial, which was put in the agenda after HRA’s initiatives in 1991, ended. For the present, the trial is preserved from the time elapsing by the intense concern of public opinion. Torture perpetrators in this case were punished.
We experienced some pleasing developments and some worrying events during the last few days. For example, on 9 June the Court of Cassation’s Criminal Chamber No.9 decided to release the four former deputies of DEP. It was very important decision. The Court then abrogated the decision procedurally on 13th of July. According to us, it abrogated the decision both procedurally (usulden) and on the basis of the decision (esastan). On the same day, the Second President of the General Staff of the Army organized a press conference and evaluated the political struggle of civil politicians. The official and competent civilian executives were criticized in the same meeting. Such criticism can not be accepted in any way in a democratic state of law because the charge and competence of the military must fall within a democratic system. Conversely, the political activities of parties and civilians do not fall into the charge and competence of the military.
The reason for the trial launched against the Eğitim-Sen (Trade Union for Teachers) with closure demand is based on the function of the military to monitor and observe civilian life. The General Staff’s interest in a trade union’s rules and initiative concerning it is also an unacceptably intrusive practice. In a democratic system, lack of such interest of the General Staff is required at the institutional level.
Another pleasing decision is the Court of Cassation’s Criminal Chamber No 8’ resolution concerning the freedom of expression. The resolution is based on the standards of the European Courts of Human Rights and related to the protection of the freedom of expression. We hope that all first degree courts will henceforth make decisions according to the Chamber 8’s provisions.
We would like to refer to two developments that are encouraging but require further attention. First is the circular issued by the Ministry of Interior on 11 June relating to the freedom of peaceful demonstration. Supported by the HRA, the idea ‘to reach a standard regarding the freedom of peaceful demonstration generally and issuing a circular to establish a standard’ become real. Now, the HRA is monitoring the implementations set forth in the circular. The second development is that ten articles of the Constitution were amended. Under the amendment, the constitutional basis for the State Security Courts was abolished. As already known, the HRA defends the position that the Constitution should be amended in its entirety. We welcome, however, this positive development. But the structure of the new courts, which have been formed by appointing many former prosecutors and judges of the state security courts, having the same duties and responsibilities, shows that the critics of the new courts, that the only change regarding the state security court is made on its name, is appropriate.
We will refer our evaluation concerning the legal amendments in a separate meeting because a number of laws were issued in June and July and the contents of these issued laws are quite extensive.
Dear Members of the Press,
Figures regarding the human rights situation at the first six month period of 2004 are as follows:
A total of 61 individuals died during the armed conflicts at the first 6 months of the year. The figure for the first three month period is 6. 55 individuals died during the last three months. By comparison, the figure was 41 at the first six month period of 2003.
A total of 692 individuals were subjected to torture at the first six months of the year. If we consider monthly reports, we may say that 336 individuals were subjected to torture during the first three month period, 356 individuals during the second three month period.
The number of individuals who were subjected to torture was 972 during the first six months of 2003.
Regarding this point, extra explanation is required:
We determined that torture methods, such as electric shock, Palestine hanging and falaka, had been used on persons in 2003. The same methods are also in use in 2004.
The number of individuals subjected to torture in the official detention premises was 451 during the first 6 months of 2003. The figure is 202 for the same period of 2004. The number of individual who were subjected to torture outside of the official detention premises, however, is 111 in 2003 and the figure increased during the first six month period of 2004. A total of 208 individuals were subjected to torture outside of official detention places during the six month period of 2004. 139 of the torture cases were during the first three month period of 2004, 69 were during the second three month period of the year. We pointed out this important deviation in our 2003 report. As you may find out in the relevant reports, torture is still continuing and is systematic and widespread. Decrease or increase of the number does not change the fact that torture continues. When the figure is zero or indicates that a single case was experienced, it can be said that “There is no torture case in Turkey.
The government’s wording, “zero tolerance for torture” is positive. The HRA, however, cares about processes and activities instead of the wording. The activities and processes are related to concrete facts. In this framework, the recent legal amendments are not enough to prevent torture. Our association and the Human Rights Foundation of Turkey informed dear members of the Reform Monitoring Group and Mr. Abdullah Gül about an effective method. We demanded that the officers, who allegedly committed torture, including the chief of the relevant police station and the chief of the relevant security unit, should have been laid off temporarily by administrative disposition. We know that the wordings such as “the case has passed to the judiciary” and ministry’s statements such as “we will investigate, we will prosecute, we have sent an inspector and so on” does not mitigate the torture. We believe that the long judicial periods, known by torture perpetrators to last for up to 10 years or 15 years, encourage acts of torture. Thus, the current process is not effective or dissuasive. We are repeating the above mentioned demand that the officers who are convicted by torture should be laid off by disposition.
5353 individuals were arbitrarily taken under custody during the first six months of 2003. This figure is 3688 for the same period of 2004.
Dear Members of the Press,
Figures concerning violations experienced in the areas of freedom of expression and organization were not different from the figures of 2003. The number of books, journals and newspapers banned and seized, however, importantly decreased. For instance, 29 journals, 143 newspapers and 9 books had been confiscated during the first six month-period of 2003. 3 books and 4 journals were confiscated, and a newspaper and 4 journals were banned during the same period of 2004. Trials launched, banned activities and decisions of the RTUK are referred in the report.
Despite the fact that 27 trials were launched against a total of 78 individuals under Articles 312, 169, and 159 of the Turkish Criminal Code during the first six month period of 2003, 35 trials were launched against 218 individuals at the same period of 2004. There is no positive development in public prosecutors’ attitudes regarding the prosecution of persons who express their thoughts.
You may find other data regarding other rights categories in our detailed summary tables.
Dear Members of the Press,
I would like to thank you for your interest and participation on behalf of the General Executive Committee of the HRA.
Sincerely,
Hüsnü Öndül
President of the HRA