EVAULATION OF 2009 HUMAN RIGHTS VIOLATIONS REPORT BY IHD and HRFT

As Human Right Association (IHD) and Human Right Foundation of Turkey (HRFT), we are declaring 2009 Human Rights Violations Report concurrently prepared by IHD and HRFT.

Considering alleged violations under the titles of fundamental rights in 2009, we want to state that they are similar with those occurred in 2008 and violations, except the title of death in clashes, have increasingly continued.

VIOLATIONS OF RIGHT TO LIFE
When violations of right to life are evaluated under the subtitles, we see that violations, which were made by security forces and called as extra-judicial execution, have increasingly continued. The amendments in the Law on the Duties and Competencies of Police (PSVK), which facilitates the authorization of security force to use gun is one of the main reasons behind increase. As it is mentioned in 2009 IHD Special Village Guard Report, increase in numbers of death by village guard would continue unless the village guard system is abolished. The massacre of Bilge Village is a typical and cruel example of this issue.

Deaths in prison and under custody go on. Regarding the issue, points emphasized in the IHD 2009 Special Prison Reports should urgently be considered. In this context, Optional Protocol to the Convention against Torture should be ratified and National Committee for Prevention of Torture should be established. Additionally, it will be useful to make arrangement on control of Police and Gendarme, which is on agenda of the government, to fight against to violations in prison and custody as soon as possible.

In 2009, many civilians were injured and died because of explosion of mines and unidentified ordinances. In 2009, only a legal regulation on disposing of mines in the border of Syria was made but any measure was not taken to clear the other mined areas inside Turkey.

Although the Kurdish question was formally accepted by the state in 2009, as the government did not make any legal or Constitutional regulations for democratic and peaceful solution of Kurdish question armed conflict restarted as of 2010. In 2009, even government’s statements regarding recognition of Kurdish question and to solve it reduced the number of death in clashes. Statistics show that step to be taken in the way of democratic and peaceful solution of the question will cause a decrease in numbers or maybe to have a minimum level of violations of right to life.

Long period armed conflict, not being able to stop it in one way or another, established violence culture cause to increase in suicides among police and gendarmerie forces.

Unfortunately, violations against women’s and children’s right to life do not decrease. Honour killings, women and children suicides are seems to be interfered within atmosphere without clashes and violence culture.

TORTURE AND ILL-TREATMENT
In 2009, unfortunately there was a rise in torture, ill-treatment, degrading and inhuman attitudes and punishment and claims of violation of these rights. September 12 regime and subsequent atmosphere of armed conflict have created impunity policy; afterwards, this policy has become a culture. It should be stated that if we do not struggle against impunity culture, we cannot hope that there would be decrease in claims of torture and ill-treatments. Unfortunately, the motto of government, “zero tolerance to torture” was not actualized and it could not fight against torture efficiently. According to Ministry of Justice, in 2008, 153 cases were opened on charges of torture and ill-treatment, and 403 people were tried as suspected. On the other hand, in 2008, 11256 cases were opened under the TCK 265, resistance to security forces, and 18859 people were tried in these cases. The data shows that in 2008, 76, 9 cases of resistance to security force were opened for each torture and ill-treatment case. Hence, numbers demonstrate that the impunity culture is going on.

FREEDOM OF OPINION, EXPRESSION AND PRESS
Several important regulations for limitation of these rights exist in the Articles 134, 214, 215, 216, 217, 218, 220/6, 7 and 8, 222, 277, 285, 288, 300, 301, 305, 314/3, 318 and 341 of the Turkish Penal Code; Anti-Terror Law, the Misdemeanour’s Law, the Law No. 2911, the Political Parties Law, the Law on Trade Unions, the Law on Associations and the Law on Protection of Ataturk. The government did not make any changes on these regulations in 2009. According to our determination; there were 569 people who were charged within the frame of freedom of opinion and expression, 36 journalists who are still charged as they are arrested, the editions, broadcastings and publications of newspapers, journals and televisions were banished for 44 times, 23 events were banned, numerous books were collected in 2009 and according to the Telecommunication Headquarters (TIB) 2601 websites were closed down, 167 websites were blocked off until 11th May of 2009. There are more than hundreds investigations against press officers because of their works. Prohibitions of freedom of expression caused numerous politicians, trade unionists, human rights defenders, students and mayors to be charged with “being illegal”. Year of 2009 experienced to go down in terms of freedoms of expression and the press.

RIGHT TO DEMONSTRATION AND MEETING
In 2009, along with the fact that the Law no. 2911 was not changed, violations on these rights augmented gradually. After interventions by security officers in meeting and protests, heavy violations happened. 229 meetings and demonstrations, such as May Day demonstrations in particularly in Eastern and South-Eastern Anatolian region and in Istanbul and attack against Tekel (a privatized public corporation) Workers in Ankara in December, were intervened in 2009. There were 6 deaths, 356 injuries, 7718 custodies and 1923 arrests in these interventions. In 2009, right to assembly and protest march was violated heavily.

FREEDOM OF ASSOCIATION
10 Court cases to close down political parties, associations and foundations went on in 2009. Closure of the Democratic Society Party or DTP proves existence of heavy violations of this right. Buildings of political parties and associations were attacked by unknown assailants for 227 times. Especially unaltered political party regime becomes effective on prolongation of the judiciary tutelage in this area.

PERSONAL SECURITY AND LIBERITY, AND RIGHTS OF PRISONER
There were 49 prisoners that are extremely sick and need to be released in order to be medically treated in prisons in 2009. At the end of 2009, total numbers of people who have been held in prisons were 118.000 persons. 60598 people of them are detainee, 58331 people of them are condemned. High rate of trial with arrest proves that this detention regime has very heavy effects. For the first time, rate of trial with arrest reached to the highest rate of its time. The violations of rights in prisons have been still at high degree. İmralı Prison remained in the same position as a reason of increased social agitation, NGOs’ request to visit this prison was rejected also in 2009.

5544 children were arrested and 245 children were condemned in prisons in 2009. This high rate of children’s arrest proves that practices of Heavy Criminal Special Court, which is a continuation of ex-SSC, are anti-democratic and an oppressive system. Turkey violated the Convention on the Rights of the Children heavily in 2009.

As a result of lynch attempts, totally 4 people died, 43 people were injured, 13 people were forced to decide returning to their homeland and 42 houses and workplaces were damaged in 2009. Easy lynch attempts shows that this is an important problem for personal security in sake of all citizens.

RIGHTS OF REFUGEE AND ASYLUM SEEKERS
There has been no concrete progress in this area in 2009. Expensive residence fees that are taken from asylum seekers continue to cause serious problems. As Turkey is a transit country, 23014 migrants and asylum-seekers were taken into custody, 33 of them lost their lives in 2009.

PRESSURE AGAINST HUMAN RIGHT DEFENDERS
Pressure against human right defenders has continuously increased in 2009. Along with arrest of Mr. Muharrem Erbey, one of the Vice-Presidents of IHD in Diyarbakır in December, Ms. Filiz Kalaycı was arrested in Ankara in May, 2009 and released in January 2010 in other words 8 months later. Ms. Yüksel Mutlu, a member of IHD Honorary Board, was arrested by Izmir Court in May, 2009 and released in November of that year. Gençeağa Karafazlı, the former executive of IHD Rize Branch has been arrested since June 2009. The former executive, Mustafa Bağçiçek, and former president of IHD Adana Branch, Mr. Ethem Açıkalın, have been tried may times and were sentenced thus they had to leave the country. In addition, there are still many ongoing investigations and court cases against many IHD executives and members and Ms. Şebnem Korur Fincancı, HRFT General President. These court cases and investigations show that the United Nations of the Declaration on Human Rights Defenders, which was adopted by the UN General Assembly to which Turkey is a state party, was not implemented in practice. Despite Ministry of Interior Affair’s Circular no. 2004/139, pressure against human right defender has increased in practice. This is a concrete indicator of security-oriented human right approach of the government. There is not an impartial and independent human right institution in Turkey. Draft law about this institution has still waited before the Constitution Commission under the Turkish Grand National Assembly or TBMM. For your information, human rights organizations stated that draft law should be retracted.

In conclusion, in the context of the situation of human rights in Turkey, there has not occurred any improvement in the said subtitles on the contrary violations of human rights under the subtitles, except death in armed conflicts, has continuously increased.