The Human Rights Association (İHD) was founded on 17 July 1986 with the signatures of 98 human rights defenders, including relatives of prisoners, intellectuals, writers, journalists, academics, lawyers, physicians, architects, engineers and lawyers, who were aiming at “carrying out works on human rights and freedoms”. A total of 23 members and executives of the İHD have lost their lives in the murders by unknown assailants since its foundation. Chairpersons of the İHD faced armed and physical attacks in the headquarters of the association in 1998 and 2002. We commemorate our founders, who have passed away, with love, respect and gratitude.
Hundreds of members and executives of İHD have faced and keep facing administrative and judicial harassment since its foundation. None of these oppressions has deterred İHD from the determination of defending human rights and freedoms. On the occasion of the 38th anniversary of İHD, we also convey our greetings and love to our members and executives who are still kept in prisons.
The Human Rights Association states that Turkey has a problem of democracy and human rights and continues its struggle persistently, stubbornly and hopefully to contribute to the elimination of this problem. İHD’s struggle has made and keeps making significant contributions to the formation of human rights awareness and culture in Turkey. We therefore say that great to have İHD.
Regrettably, Turkey’s human rights record is still full of violations. We repeat our suggestions on this issue trough updating them with their main headings every year. Therefore, we would like to make some recommendations and express our demands also on the 38th anniversary of our non-stop struggle for human rights, democracy and peace.
One of the most significant democracy and human rights problems in Turkey is the resolution of Kurdish question. The state and political power are still insisting on security-based policies and the politics of denial and negation. The insistence on these policies deteriorates democracy and human rights and causes damage to social peace on the one hand, leads to deep destruction in Turkey’s economy on the other hand. In the fields of conflicts and war, alas, grave human rights violations go on increasing. The policy of deposal of the co-chairs of elected Kurdish mayors and appointment of trustees continue. Closure case against HDP, threats of suing closure case against DEM Party, have struck a blow to the belief in solving the problems through peaceful ways. In the Kobani Case of which 108 people including Selahattin Demirtaş and Figen Yüksekdağ the former co-chairs of HDP (People’s Democracy Party) were tried, the court ruled over 400 years of imprisonment. This shows once again that the judiciary in Turkey is used as a tool of silencing and punishing the opponents. Turkey needs a new peace process through accepting the existence of Kurdish question.
For democratisation of Turkey, it should find solution for democracy and human rights problems through a real conflict resolution process and come to terms with its past. There is a need for political will to accept the human rights-based demands of all marginalised segments of society, peace demands of Kurdish people and Alevis’ demands for equal citizenship in particular. Turkey needs a real conflict resolution process and a new and democratic constitution. The new social contract to be addressed together with the processes of conflict resolution and facing up to the past should involve solid propositions on the main problems of Turkey such as Kurdish question, demands of Alevis, gender equality, decentralised governance model, education in mother tongue and constitutional citizenship.
Freedom of expression must definitely be ensured for paving the way to democracy. Lifting the Anti-Terror Law which is the biggest obstacle to freedom of expression, ending oppression and censorship on broadcasting organisations by Radio and Television Supreme Council (RTÜK), elimination of judicial pressure on opponent press and broadcasting organisations, abandoning the permanent attempts to silence social media are essential in this regard. It does not seem possible to open a road to democracy without ensuring freedom of expression and freedom of the press.
Unfortunately, restrictions on the rights to freedom of association, assembly and demonstration and violations against those who want to exercise these rights have been increasing recently. These violations are more evident in the protests and activities of public employees for their economic and professional rights, in the protests of public employees demanding their jobs back, in the protests of dismissed workers seeking their rights, in the protests of women, in the protests and activities organised by opposition political parties, in the protests of Saturday Mothers, in demonstrations organised for solidarity with arrested journalists. Moreover, discourses on the existence of LGBTI+ people, repressive policies and practices targeting the right to association and demonstration go on as the reflection of the mindset of the power.
The significance of the principle of division of power manifests itself in an independent and impartial judiciary. It is not possible to ensure justice without a judiciary structured in accordance with the rule of law. İHD considers the rule of law, independence and impartiality of the judiciary as an important part of human rights struggle. We have to regrettably state that the judiciary in Turkey is monopolised by the political power. There is a quite grave situation in which judicial bodies gradually move away from the standards set out in international conventions and protocols, produce decisions against Article 90 of the Constitution, take decisions in contradiction with ECtHR and Constitutional Court judgements and case law (for instance Selahattin Demirtaş, Osman Kavala and Can Atalay judgements). As such, people all over Turkey are seeking justice through Vigils for Justice. “Vigils for Justice” by Şenyaşar family, “No to Will Extortion” vigils which is commenced against appointment of trustees, Saturday Mothers’ “Find the Disappeared and Prosecute the Perpetrators” protests, vigils held by Peace Mothers for lifting “isolation” and İHD’s “Vigils for Peace” which has been continuing without interruption every month since 2022, are only a few examples of these kind of protests among many others.
The right to defend human rights of the İHD and human rights defenders whom they have made significant contributions to the development of the human rights consciousness and culture in Turkey should be accepted. Oppression policies through judicial means on human rights defenders should be put an end. The Ministry of Interior’s control over the activities of associations should be ended, the military coup-era practices of labelling individuals through the amendment of the Law on Associations must be abandoned, and the practices of restricting the activities of associations and foundations under the pretext of preventing the financing of terrorism and placing them under full control and easily appointing trustees must be ended. Turkey should adopt the UN Declaration on the Protection of Human Rights Defenders and develop effective policies for the protection of human rights defenders.
A 38-year of struggle of human rights defenders under the roof of İHD will go on through demanding freedom, equality, justice and peace based on human dignity and the struggle for Turkey to reach a democratic regime based on human rights will be insistently pursued.
On the 38th anniversary of the foundation of the İHD, we keep on persistently defend human rights and freedoms; we say good to have İHD, great to have İHD.
HUMAN RIGHTS DEFENDERS DID NOT AND WILL NOT KEEP QUIET
Human Rights Association