Most serious obstacles to upgrade human rights and democratic standards in Turkey are embedded in the constitutional and legal structure. The constitutional and legal structure of the country contains anti-democratic, repressive and authoritarian features. Therefore Turkey’s main problem is democracy and the most significant component of this problem relates to the Kurdish problem.
Democratization of the system and implementation of human rights standards can be achieved in Turkey because the public has become more aware of the situation and started criticizing the system. Civil society raises its demands and encourages the authorities to take steps for the realization of human rights and for the establishment of democracy in the country.
Recently, government and legislative organs have taken some positive steps airing at democratizing the country and promoting human rights. Removing military judges from the State Security Courts (SSC) is such a positive change. Prime Minister Bülent Ecevit issued a circular for the prevention of torture on 25 June 1999. However, short after the circular issued by the prime Minister, 6 persons were tortured and killed under police custody. Legal amendment for the prosecution of perpetrators and increasing of sentences for the offence of torture are also positive developments. However, unless the Law on Prosecution of Civil Servants dated 1913 is not lifted, problems and difficulties for the prosecution of perpetrators will continue.
Human Rights Education Program is another positive step. Although this program is crucially needed and its content has been prepared very well, one of the main problems in terms of the implementation of this program is the lack of qualified trainers.
State Minister Responsible for Human Rights, Mr. Mehmet Ali Irtemçelik, organised a Human Rights Summit on 14 October 1999 and invited human rights NGOs to submit their views. This initiative has lead to a positive prospect for the future.
Human Rights Association submitted concrete proposals to the Conference. Human rights violations still continue despite positive developments mentioned above. The situation of fundamental rights and freedoms are as follows, in brief: Death penalty has not been executed since 1984. However, death penalty has become the subject of hot discussions because of the conviction of Abdullah Öcalan. HRA is against .death penalty without considering who commits a crime and what he/she is charged with. Turkey should remove law articles providing death penalty from its law without making any distinction on peace time or wartime. Turkey should ratify the 6th Protocol of the European Convention of Human Rights.
There are 52 laws and over 700 law articles, which restrict freedom of expression and demand imprisonment sentence for those who act in contradiction of these law articles, in Turkish legal system. Freedom of expression should be guaranteed and be protected for developing a democratic society.
Kurdish question is one of the main components of democracy problem in Turkey. Kurds have been under the rule of martial law and state of emergency rule since 1978. The existence of Kurds, like other ethnic groups, has not been recognized by law and they are faced with cultural and linguistic bans.
HRA has used its utmost efforts for the establishment of peace and launched campaigns to this aim. HRA has welcomed the statement made by the General Staff, stating that armed conflicts in the region 90 per cent declined. We demand all conflicts are totally be put an end and thus, none of soldier, police, militant and civilian lost their lives.
We believe that there won’t be any violence atmosphere anymore, if Turkey provides his citizens an adequate legal framework that everyone could freely express their political opinion. Therefore we think that appropriate democratic channels should be created. A very important step would be taken if bans (article 26, 28 and 42 of the Constitution) on Kurdish language and culture and also other restrictions regulated in other 13 laws articles’ are lifted. State of Emergency and village guard system should also be abolished. Thus, human rights and democracy standards will be upgraded throughout Turkey. The economic resources of the country should be allocated to health, education etc. sectors instead of war expenses.
It is possible to solve the problems both in the State of Emergency region and the rest of the country by taking economic and social measures and realizing general political and legal reforms. This should be achieved.
Human Rights Association/insan Hakları Derneği