Despite all of the appeals by NGOs, lawyers and intellectuals; Numbered 5681 Law, which is about Amendment in Law on the Duties and Competencies of Police, was passed in the session of TBMM (Turkish Grand National Assembly) on 02.06.2007.
The law, which is known as the Duties and Competencies of Police (numbered 2559), has been changed in many times throughout the years. Especially, second and third reform packages (numbered 4748 and 4771) made changes, which might be identified as positive regarding with democratic and civil rights, in affiliated articles in the Constitution and in this law. The second and third reform packages were passed in 2002 within the context of complying EU law. This change in law on Duties and Competencies of Police limited their authorities (within the context of law) such as “stopping, searching, arresting, detention and using force/gun” which they have until that time. Actually, all of these authorities restrict human rights and freedoms. However, it has been observed that security forces’ old mentality continued in practice and change attempts for democracy/civil path were not internalized in the general structure of the state and by officers. Moreover, some officers were discomfort because of the change. The most dramatic/remarkable sample of failure in internalization, discomfort for the change occurred in murder of Ahmet and Uğur KAYMAZ by security forces in Kızıltepe district of Mardin province on November 2004.
“State’s necessity of security” started to discuss in all over the world after 11th September Attack in New York City. Then these discussions showed that principles of law state and human rights are not valid in many countries, particularly in USA and England, for opponents and people from South or Middle East even they are not opponents. In that period, Turkey did not take part in the chain of these countries because of strong will to join European Union and no armed conflict regarding with Kurdish Problem. However; since the Governments did not benefit from no armed conflict atmosphere between 1999 and 2004 and some incidents, which reminded the period before Susurluk Accident, and a point of view that evaluates all of these incidents just through “security frame” made the situation worse than the past just 5 years later from reform packages.
Indeed, incidents in Þemdinli, Mersin, Kızıltepe, Trabzon, Malatya, murder of Hrant Dink and the last bomb attack in Ankara should underline that there is a necessity to implement law state’s mechanisms not the “security of the state”. Expanding the authorities of police and gendarmerie contrary to legal and civil rights will transform Turkey to police state and tension country rather than law and peace land. Compelling a citizen to declare his/her identity without showing any reason, searching him/her, de facto detention under the name of stopping, house raids by reason of preventing crime, shooting him/her by reason of he/she escapes, searching without any search warrant and recording finger prints are against human rights. Moreover, these are contrary to Constitution, Code of Criminal Procedures and some other special laws that are in force. Behind all of these points, the amendment violates obviously separation and balance of forces by putting judicial body out of operation and providing large authorities to executive power. Therefore, new situation will impair democratic aspect of the regime. Indeed, previous implementations have proved that large authorities of police were not enough to provide peace and security in the country.
It is impossible to think that violence and other human rights violations are protected by law system. In direct contradiction to prevent such violations; law system should have more power and will than today without being contrary to its fundamental aim and historical mission… Problem cannot be solved via expanding authorities against democratic rights. So as Human Rights Association, we think that Turkey’s distance from law, democracy, economic justice, peace and equality is the same from peace. First, IHD calls for the President, to send back to TBMM and Parliamentary Members to prepare the next amendment considering the mentioned conditions.
HUMAN RIGHTS ASSOCIATION