The Human Rights Association (HRA) considers the right to asylum as a part of human rights. HRA is bound to the universal standards with respect to the right to asylum. This indicates that the HRA acts, takes a stand and decision independently from the policies of governments (the governments of the Turkish Republic and of other governments). In other words, the HRA does not act according to the policies of the governments of Turkish Republic or to other governments policies; HRA does not act according to the military, politic, national and commercial interests of any country. HRA carries on its activities in accordance with the requirements for the protection of human rights in Turkey and in the world and considers all human rights as indispensable values.
HRA is not in cooperation neither with the German nor the Turkish governments by any means concerning the deportation of Kurdish refugees (in Germany) to Turkey. HRA has rejected all applications for being in cooperation with the governments, since 1994. The reasons for rejecting such demands have been stated many times by Akin Birdal (President of the HRA) and Hüsnü Ondül (Secretary General of the HRA); and German authorities from different provinces in Germany have been informed on that, in 1994, 1995 and 1996. HRA’s approach has not changed since then.
HRA regards the deportation of the Kurdish refugees as to be in contradiction with the Geneva Convention Related to the Status of Refugees dated 1951. The reason set behind this objection is that Turkey’s constitutional and legal structure and its practices in terms of the enjoyment of the rights and freedoms.
HRA thinks that there are crucial problems in Turkey in terms of the implementation of the European Convention on Human Rights: article 2 (regulates the right to life), article 3 (regulates the right to avoid torture or inhuman or degrading treatment), article 5 (regulates the right to liberty and security of person, article 6 (regulates the right to a fair trial). It is known that there are also problems in terms of the implementation of article 9 and 10 of the Convention which regulate the freedom of thought, conscience and the freedom of expression. The HRA, in principal, objects to deportation of any person to the countries where such problems exist. Such practices mean that the countries, who take the decision to deport a person under such circumstances, violate the Convention.
HRA issues torture cases and other forms of ill-treatment in its monthly reports and considers these cases as administrative practices. While torture cases, are documented in its reports, the HRA cannot state its confidence to the governments’ statements addressing that “no one will be subject to torture”. In this context, the HRA cannot give any assurance to those who are deported that they will not be subject to torture or degrading treatment. The Turkish legal structure and its practices have restricted the right to have access a lawyer and the right to receive legal aid for persons who are detained. These rights are completely ignored for those who are detained for political reasons. HRA cannot take a risk of making mistakes which might result in suffering for the people in question because under these circumstances this is a very high possibility. In the case of Kurdish refugees to be deported to Turkey, HRA does not have any opportunity to accompany the interrogation process by any means. However, when the HRA should be informed about a deportation case (though not through the Turkish or German authorities), then HRA requests the assistance from its members who are lawyers. These lawyers, who work as volunteers, will then go to the airport and explain to the authorities why they are there. If the authorities, however, respond that nobody under that name (the name of the deported person) is there or known to them, then the lawyers cannot do anything.
In 1996, 19 February, Secretary General of the HRA, Hüsnü Öndül, went to the Ankara Esenboga Airport, upon the information he received about a deported person. Authorities told him that there is nobody in the plane who had been deported. A camera man from a German TV channel had the opportunity to film this conversation. The top police officer who was at the airport said to the HRA‘s Secretary General “God will not forgive those who defame Turkey. I will also not forgive them. The person you look for is not in the plane and has not come here” The German camera man and a journalist of Turkish origin who had been working for that TV channel for the last 25 years heard the officer‘s words. But the day after, it was understood that the authorities had lied to the HRA‘s Secretary General because the person, who had been deported, was kept one day at the police station at the airport where he was harassed and ill-treated. The deportee, later, informed the HRA on the treatment he was subjected to during this period. In case a deported person is detained for a crime, which described within the context of the State Security Courts, he/she allegedly committed, even if the HRA has reliable evidence of the person’s arrival in Turkey, the deportee cannot have access to any lawyer and receive legal aid. HRA cannot offer such persons any legal aid. HRA cannot prevent any torture and illtreatment practices used against deportees. Such claims are “totally absurd remarks. Those who presume this can only be persons who are very ignorant and do not have any knowledge about torture practices.
For the last 45 years, since The European Convention on Human Rights was put into force in Turkey by issuing it in the government’s “Official Newspaper” on 9 March 1954, Turkish governments have not applied the provisions of the Convention. Turkish governments ignore the enjoyment of the rights which Turkey is obliged to apply, in accordance with the European Convention. Therefore we, as the HRA, cannot rely on the government’s promises in the field of human rights. Despite our extra-ordinary efforts and self sacrifice, we cannot say that we have advanced much in the struggle for the protection of human rights. We do believe that the struggle for the protection of human rights will be overcome by the common efforts of human rights activists, both in Turkey and in the world. But for the present time, we do not expect that Turkey’s constitutional and legal structure, its repressive and authoritarian system will be replaced with democratic values. Everybody, including Kurds, can face human rights problems in Turkey. But there are also some specific problems for Kurds and for the region where Kurds live. South-eastern Turkey, where Kurds predominantly live, was under the rule of martial law from 1978 to 1987 and since then, the region is under the rule of the State of Emergency Region. A warfare atmosphere has been experienced and this atmosphere still continues, although sometimes its intensity is changing. It is also terrifying in terms of its results. Over 3 million people have been forcibly deported. It has been made intervention to the people’s habitants and cultural environment. Over 3200 villages and hamlets have been evacuated. More than 30.000 people have lost their lives in this warfare. There are 13 laws banning Kurdish language and culture. The names of the villages, cities, mountains, valleys have been changed. Kurds have faced extra problems within the above mentioned framework of the repressive and authoritarian system and also faced problems in terms of their language, culture and the region in which they are inhabitants. Instead of looking at the persecution and possible harm done to one individual of Kurdish origin, we have to look at the Kurdish question regarding all Kurds in Turkey. The question transcends discussions of individual situations. The case is to be belonging to an ethnic group. The problem is whether the rights and freedoms of that ethnic group have and can be guaranteed within the borders of the country. $
There have been intensified security measures taken mainly in Diyarbakir, after the transfer of Abdullah Ocalan to Turkey. This might be seen natural. But over 4000 people were detained mostly for the reason that they have been considered as potential offenders. Those who went to HADEP offices and those who are the members and/or the executives of democratic mass organizations were arbitrarily detained. They were held in custody for 10 days. Racist and chauvinistic news were appeared in the media. These practices still continue. Human rights organizations are accused and under extreme pressure and become, again, the target for smear campaigns. There is not a new package for the strengthening human rights and democratization, brought into force following the transfer of Ocalan. Turkey is going to hold local and general elections; none of the big parties have a reliable program on human rights and democratization. Therefore, we do not expect concrete improvements in terms of rights and freedoms neither for Kurds nor the rest of people living in Turkey. The fact that torture is a widespread practice in Turkey has not only been documented by the Human Rights Association and the Human Rights Foundation of Turkey, but also by the UN Committee against Torture and European Committee for the Prevention of Torture. Therefore, to deport a person to such country means to act in contradiction with the European Convention on Human Rights, article 3 (the right to avoid torture and other forms of degrading treatment). This not only violates the legal norms. Let us remember the ideals of a prominent German philosopher, Emmanuel Kant, ideals, who developed the basis for human rights and ethical values. We are all world citizens under one sky. Our common ethical values should show us the way.
It should be reiterated that the right to asylum is a human right. Those who are seeking for asylum with the political reasons cannot be deported. Without any improvement in the field of human rights and democratization standards in country where they come from, the deportation of refugees, including those who seek for asylum based on race, religion, ethnic, identity, is in contradiction with the human rights law. And those who endanger the lives of political refugees by deporting them should be held accountable for any harm resulting from this decision.Hüsnü ÖndülSecretary General