THE REPORT ON THE INTERVENTIONS TOWARDS “DEMOCRATIC SOLUTION TENTS” AND “CIVIL DISOBEDIENCE” ACTIONS
(Reporting Period between 15 March and 28 April 2011)
“DECLARING STATE OF EMERGENCY TOWARDS KURDISH PEOPLE”
The Peace and Democracy Party (BDP) and the Democratic Society Congress (DTK) decided to start “civil disobedience” actions for peaceful and democratic solutions for the Kurdish question through building “Democratic Solution Tents” in 26 cities ((Batman, Dersim, Adıyaman, Diyarbakır, Bingöl, Gaziantep, Şırnak, Siirt, Silopi, Kızıltepe, Nusaybin, İdil, Cizre, Van, Doğubayazıt, Bulanık, Varto, Malazgirt, Adana, Mersin, İzmir, Manisa, Iğdır, İstanbul, Hakkari, Yüksekova). In contravention of the right to demonstrate, “Democratic Solution Tents” were interfered 56 times in the period between 15 March and 28 April 2011. During the interferences, several human rights violations occurred: arbitrary detention and arrest, use of excessive force to death and injury, death caused by execution without due process and exposure in torture and ill-treatments in pre-detention. The data on human rights violations we collected during these interferences can be found below.
For one and half months, implementing such interferences into only democratic solution tents and civil obedience actions shows that “State of Emergency” is declared specially towards Kurdish people. Turkey still pursues the State of Emergency procedures towards Kurdish people and applies pressure onto Kurdish people by using legal ways systematically. As happened in the State of Emergency period, numerous fundamental rights and freedoms are ignored for Kurdish people, especially right to demonstrate. Nearly every day tens of people are taken into custody and arrested. Military operations are augmenting gradually. The government provokes Kurdish people and makes them revolt against it by these policies. We condemn this policy. Since 2009, Turkey changes its policy of denial and annihilation to determination and elimination policy. Immediately, the government should annul the policy of elimination, recognize Kurdish legitimate representatives as interlocutor and solve this problem by ensuring constitutional security in democratic and peaceful ways. The policy of pressure against the Democratic Solution Tents went too far, so that İHD Executive Board Member Prof. Dr. Osman Küçükosmanoğlu and İHD member Dr. Ömer Ekşi were taken into custody in an insulting way in their workplaces charging with their visit to the tents on 28 April 2011. This attitude of the government clearly shows that this policy can be directed to not just Kurdish people but also people in solidarity with Kurdish people.
We protest this attitude against human rights defenders again.
On the path of solution for the Kurdish question, the Prime Minister’s speech ‘there is no Kurdish question’ is a dangerous and denialist speech. It is inexplicable that when the Prime minister does not see the Kurdish question as a problem, the President sees it as the most important problem. Should we believe in the President or the Prime Minister? This speech provokes military officers and policemen, influences on judiciary and cause to arrest or detain several people in political operations. If the Prime Minister denies the existence of the Kurdish question in sake of political interests, this shows authoritarian he became, too. It should annul such speeches and actions that increase tension before the elections.
This report does not cover human rights violations during KCK operations and entombing dead militants, but just the democratic solution tents and civil disobedience actions. Since the day of publishing this report to public on 05.05.2011, the State of Emergency procedures are still being implemented over the Kurdish people.
BALANCE-SHEET ABOUT INTERFERENCES OVER DEMOCRATIC SOLUTİON TENTS AND CIVIL OBEDIANCE ACTIONS
|
TYPES OF VIOLATIONS |
NUMBER OF PERSONS WHOSE RIGHTS ARE VIOLATED |
|
DETAINEES |
872 |
|
ARRESTED |
36 |
|
DEATH |
2 |
|
INJUIRED |
63 |
|
TORTURE AND ILL-TREATMENT |
872 |
|
INTERFERENCE INTO THE TENTS |
56 (Number of tents) |
I- Distribution of the interferences into the tents by cities
Diyarbakır 6 times; Nusaybin 5 times; İstanbul, Van, Batman 4 times; Kızıltepe, Mersin, Hakkari, Yüksekova, Varto 3 times; Mania, Şırnak 2 times; Tunceli, İzmir, Gaziantep, Adana, Adıyaman, Bingöl, Siirt, Silopi, İdil, Cizre, Doğubayazıt, Bulanık, Malazgirt and Iğdır 1 time.
II- Detentions and Arrests
On 20 March, a group of people who started to walk to ‘Democratic Solution Tents’ built in Koşuyolu Park in Diyarbakır were interfered by policemen with gas bombs and panzers. During the interference, 10 people were taken into custody.
On 23 and 24 March, the democratic solution built on 15 March tent was interfered twice. During the interference, 99 people were taken into custody and BDP parliamentarian Bengi Yıldız was assaulted and dragged on ground. Three of the detainees were arrested. After the celebration of Newroz, a group of people who walked to the tent were interfered and detained by the policemen and 4 of 14 people were arrested on 24 March 2011.
The democratic solution tents built on 24 March 2011 in front of the Diyarbakır Metropolitan Municipality was destructed by the Diyarbakir Governorship with reason ‘it is not adequate place due to Law No 2911 on Meetings and Demonstrations”. It was banned to make demonstration in front of the guesthouse. In spite of this decision, the group which held a sit-in to start civil disobedience actions in front of the guesthouse was blockaded by law enforcement officers. Then, it was allowed just for BDP parliamentarians and executive members to pass to the guesthouse. The ban was abandoned on 25 March 2011 and the meeting with the executives and group members was allowed. As a group that wanted to make civil disobedience actions with holding a sit-in was interfered without warning, 7 people were taken into custody in front of the guesthouse.
While scorpion-typed police cars, panzers and TOMA Interference instruments were placed in Ofis Town where the guesthouse is located, at several points the riot squad and civil policemen were placed. The policemen also made id checks and body search.
On 28 March, in Kızıltepe town in Mardin, as the policemen interfered into a sit-on that would be held in front of the ‘Democratic Solution Tent” with batons and gunstocks, 25 people were taken into custody. 12 persons of 25 detainees were arrested including BDP Kızıltepe Branch Chairperson Ömer Turgay.
On 31 March 2011 in Mersin as a result of law enforcement officers’ interference by using gas bombs into a sit-on in the context of ‘civil disobedience’, 82 person were taken into custody and 21 of them were children. During the interference, Akdeniz Mayor M. Fazıl Türk were assaulted and dragged on ground by the policemen.
On 1 April in Bismil town in Diyarbakır, a group that came together in front of BDP Bismil Branch in the context of “civil disobedience were not allowed to walk by police. The police interfered into the group which came to Istasyon Street by using pressurized water and gas bombs without warning. Two people were taken into custody during the intervention.
One of the civil obedience actions was on 8 April 2011 Friday prayer was performed leading with civilian imam (a imam who is not working at the Presidency of Religious Affairs) in Diyarbakir. After the prayer, the people from BDP were not allowed to build a tent. The law enforcement officers intervened them by using pressurized water and pepper gas. During this conflict, Bengi Yıldız did not want to give a stick holding for building the tent to the policeman so that she was dragged on ground for 10 m with that stick.
On 8 April in Dağkapı Square in Diyarbakır, the policemen interfered into citizens who wanted to build ‘Democratic Solution Tent’ by using gas bombs and pressurized water. During this interference, 2 people were taken into custody.
On 19 April, at Taksim Square in İstanbul after a group declared their statement, they started to walk towards the ‘Democratic Solution Tent’ in Aksaray. They were interfered by the policemen by using gas bombs and 44 people were taken into custody.
On 19 April, in Diyarbakır a group of people gathering in front of the Democratic Solution Tent who wanted to protest against veto decision given by SCE against independent candidates and the KCK trial was interfered by policemen. During this interference, 90 people were detained. 22 people were injured by this interference.
On 19 April, in Van the law enforcement officers that interfered into the interfered into the democratic solution tents took 80 people into custody. 24 people were injured. One of them was injured gravely.
Within the same day, 15 people were taken into custody in Hakkari and Yüksekova town caused by the interferences. 8 people were injured; one of them was injured gravely.
On 20 April, in Bismil town in Diyarbakır the policemen interfered into a group protesting against the veto decision of the Supreme Council of Elections. During the interference, more than 20 people were taken into custody.
On 20 April, in İzmir the policemen interfered into the democratic solution tent built in Agora Park. During this interference, 5 people including two executives of BDP were taken into custody.
On 20 April, in Hakkari 52 people were taken into custody during the interference while they were protesting against interferences towards the democratic solution tents. 3 people were injured. During the interferences in Yüksekova, 8 people were injured and 1 person was taken into custody. In Adana 6 people were taken into custody.
Within the same day, during the protests in İdil town in Şırnak against interferences towards the tents in İzmir, Gaziantep and İdil town in Şırnak, one person was injured gravely.
On 21 April, during the protests by the reason of the death of İbrahim Oruç killed by policemen in Bismil in Diyarbakır, the policemen interfered to the group with using gas bombs and pressurized water. During this interference, 40 people were taken into custody; most of the detainees were children.
On 24 April, the law enforcement officers interfered into a group protesting in front of the Democratic Solution Tent in Aksaray in İstanbul. 44 people were taken into custody.
On 25 April, in Hakkari the policemen took 35 people into custody from their houses during the raid carried out for the Democratic Solution Tents and KCK investigation. 6 of 35 detainees were arrested on 28 April.
On 26 April, the policemen interfered into the Democratic Solution Tents built in several cities in Turkey. The tents were broken by policemen and the equipment was retained during the interferences to the tents in İzmir, Mersin, Tunceli, Adana, Batman, Adıyaman, Diyarbakır, Bingöl, Gaziantep, Şırnak, Siirt, Silopi, Kızıltepe, Nusaybin, İdil, Cizre, Van, Doğubayazıt, Bulanık, Varto, Malazgirt, Manisa and Iğdır. 113 people were taken into custody. Tunceli Independent Deputy Ferhat Tunç and Doğubayazıt Mayor Canan Korkmaz were injured during the interferences.
On 26 April, in İzmir 50 people were taken into custody from the tent during the interference made by policemen. At the same day, these detainees were released. Besides, the tent was broken down and the place where the tent was built was surrounded. 19 people were taken into custody during the house raids and forwarded to the courthouse after taking their official statements at the security general directorate. 7 detainees were released. 12 people were forwarded to the İzmir 8. Heavy Penal Court for their arrestments. A child named Batuhan who was forwarded to the courthouse was released. 11 people were arrested charging with ‘protesting in sake of the illegal organization’. Moreover, on 21 April, Chair of BDP Konak Branch and three children were arrested.
20 people taken into custody by policemen during the interference into the tent in Manisa were forwarded to the courthouse. After taking their testimonies at the Manisa Public Prosecutor office, 15 of 20 detainees were released and 5 detainees were forwarded to the Manisa 1. Criminal Court of Peace with demand for arrest. Şehmus Aslan, Gökhan Budak, Hüseyin Gündoğdu, Hasan Peker and Bayram Cüşkün were arrested charging with ‘making propaganda of illegal organisation’.
On 28 April, İHD Executive Board member and former Chair of Adana Medical Chamber Prof. Dr. Osman Küçükosmanoğlu and IHD member Dr. Ömer Eski working at Huzurevleri Family Health Center were taken into custody charging for ‘making propaganda of illegal organisation’ because they visited to the democratic solution tent on 15 April. They were released after giving their testimony.
III- Samples of Interferences into the Tents
On 16 March, a banner in the democratic solution tent built in Van was retained by the law enforcement officers without giving any notification to the authorities. The IHD Van Branch made an official complaint about this case to the Public Prosecutor office.
On 19 March, the police teams interfered into demonstrations in Van and into the democratic solution tents, and then retained the stuff in the tent.
On 20 March, a group of people who started to walk towards ‘Democratic Solution Tents’ built in Koşuyolu Park in Diyarbakır were interfered by policemen with gas bombs and panzers.
On 23 March, after BDP and DTK Co-Presidents declared to start making civil obedience actions for solution of the Kurdish question in Diyarbakır, the tents built in front of the Guesthouse belongs to the Metropolitan Municipality were abolished by the decision of the Governorship charging with ‘this is no suitable place for demonstration and meeting’.
On 24 March, a group of people in Koşuyolu Park, who wanted to march against banning of ‘civil obedience’ actions and destruction of the tents on 23 March in Diyarbakır, were interfered and not allowed by policemen though building barricades.
On 28 March, the policemen interfered into people who wanted to hold a sit-in act in front of the ‘Democratic Solution Tent’ in Kızıltepe town in Mardin with using bludgeons and gun strokes.
On 1 April, the policemen interfered into the march occurred after the ‘civilian Friday prey’ in the tent as civilian obedience actions with using pressurized water and gas bombs.
On 1 April, in Bismil town in Diyarbakır, a group of people was not allowed to march in the context of the ‘civil obedience’ actions after gathering up in front of Bismil Branch of BDP. The policemen used pressurized water and gas bombs against the demonstrators without giving any notifications.
On 7 April, in Diyarbakır, the policemen did not allow replacement of the ‘Democratic Solution Tent’ built in Koşuyolu Park to the Dağkapı Square.
On 8 April, in Diyarbakır, the mobile unit policemen interfered into a group of people who wanted to build the democratic solution tent in Dağkapı Square with using gas bombs and pressurized water.
On 19 April, at Taksim Square in İstanbul after a group declared their statement, they started to march towards the ‘Democratic Solution Tent’ in Aksaray. They were interfered by the policemen by using gas bombs.
On 19 April, in Diyarbakır a group of people gathering in front of the Democratic Solution Tent who wanted to ‘protest against veto decision given by SCE against independent candidates and the KCK trial’ was interfered by policemen.
On 20 April, in Diyarbakır and in Bismil town the policemen interfered into a group protesting against the veto decision of the Supreme Council of Elections for the ‘Labor, Freedom and Democracy Candidates’ with using gas bombs and pressurized water.
On 20 April, in İzmir the policemen interfered into the democratic solution tent built in Agora Park.
On 21 April, in İzmir, the policemen interfered into a group of people who wanted to make demonstrations at the tent against the veto decision given by the Supreme Council of Elections. After this interference, the tent became unusable.
On 21 April, during the protests by the reason of the death of İbrahim Oruç killed by policemen in Bismil in Diyarbakır, the policemen interfered to the group with using gas bombs and pressurized water.
On 25 April, in Hakkari, the policemen raided to the Democratic Solution Tent.
On 24 April, the policemen interfered into a group of people making demonstrations in front of the tent in Aksaray in İstanbul and then broke the tent.
On 26 April, the policemen interfered into the Democratic Solution Tents built in several cities in Turkey. The tents were broken by policemen and the equipment was retained during the interferences to the tents in İzmir, Mersin, Tunceli, Adana, Batman, Adıyaman, Diyarbakır, Bingöl, Gaziantep, Şırnak, Siirt, Silopi, Kızıltepe, Nusaybin, İdil, Cizre, Van, Doğubayazıt, Bulanık, Varto, Malazgirt, Manisa and Iğdır.
On 27 April, the policemen interfered into the tents after they had been broken down by the police teams during the synchronous operations on 26 April.
IV- Deaths, Causalities, Torture and Ill-treatments Happened During the Interferences
During the interferences into the Democratic Solution Tents and civil obedience actions, almost all the people who were taken into custody were being subjected to torture and ill-treatment caused by the fact that the detentions occurred with use of excessive force against the detainees. High number of causalities showed the gravity of the situation.
On 8 April, in Dağkapı Square in Diyarbakır, the mobile unit policemen interfered into a group of people who wanted to build the democratic solution tent in Dağkapı Square with using gas bombs and pressurized water. During this conflict, Bengi Yıldız did not want to give a stick holding for building the tent to the policeman so that she was dragged on ground for 10 m with that stick while being struck with truncheons by policemen.
On 19 April, in Diyarbakır a group of people gathering in front of the Democratic Solution Tent who wanted to ‘protest against veto decision given by SCE against independent candidates and the KCK trial’ was interfered by policemen. During this interference, M. Sabri Akar and unknown person were gravely injured. 7 people were taken into the German Hospital including Mayor of Sur Municipality Gülbahar Emek. The Chief of Metropolitan Municipality Environment Municipal Office Şehriban Yasak was injured by a piece of glass coming from the window broken by pressurized water policemen used while she was sitting at her desk in her office. Her head was sutured. During the interference, DHA journalist Bayram Bulut was also assaulted by the policemen.
On 20 April, in Diyarbakır and in Bismil town the policemen interfered into a group protesting against the veto decision of the Supreme Council of Elections for the ‘Labor, Freedom and Democracy Candidates’ with using gas bombs and pressurized water. During the interference, the policemen commenced the fire that caused İbrahim Oruç (17) to death by a bullet onto his heart. Gültekin Kuşu and Mustafa Baykal were taken to the hospital because they were wounded by the gunshot. 2 people that have gunshot wounds and 1 person that was subjected to gas bomb though his eyes were taken into the hospital. Some videos, showing Oruç was kicked by the policemen after his death, came out. In his autopsy report, it was stated that he was assaulted and dragged on floor. During the interference, as the panzer consumed all the water, the policemen returned to the fire station to fill it with some water and beat those firemen because there was no electricity so that they could not take water.
During the interference, it was claimed reportedly that 3 people were injured by gunshot of the policemen. Moreover, the panzer of the policemen broke all the windows of heavy equipment barricading in front of BDP Diyarbakır Branch office for the demonstrators not to come inside. While escaping from the demonstration, a driver lost his balance of his car by a gas bomb thrown by policemen and could only stop his car crashing his car to the apartment. The policemen took the driver out of his car, beat him up for long time and took him into custody. Hundreds of people came to the BDP office and seek for help. They were injured by gas bombs and pressurized water onto the office.
On 20 April, in İzmir the policemen interfered into the democratic solution tent built in Agora Park. During this interference, 5 people including two executives of BDP were taken into custody. During this interference, Behçet Gültekin (46) and two other people were injured. Gültekin had two operations in the hospital.
On 21 April, in İzmir, the policemen interfered into a group of people who wanted to make demonstrations at the tent against the veto decision given by the Supreme Council of Elections. After this interference, the tent became unusable.
On 21 April, in Bismil town in Diyarbakır, a group of people tried to march towards the BDP Diyarbakır Branch office to protest against the events occurred on 20 Nisan. The policemen interfered into the group. Mehmet Yalçın was gravely injured by the gunshot during the events and taken to the Dicle University Medical Faculty Hospital
On 21 April, during the protests by the reason of the death of İbrahim Oruç killed by policemen in Bismil in Diyarbakır, the policemen interfered to the group with using gas bombs and pressurized water. During the event, 12 years-old child was gravely injured by being subjected to gas bomb.
On 26 April, the policemen interfered into the Democratic Solution Tents built in several cities in Turkey. The tents were broken by policemen and the equipment was retained during the interferences to the tents in İzmir, Mersin, Tunceli, Adana, Batman, Adıyaman, Diyarbakır, Bingöl, Gaziantep, Şırnak, Siirt, Silopi, Kızıltepe, Nusaybin, İdil, Cizre, Van, Doğubayazıt, Bulanık, Varto, Malazgirt, Manisa and Iğdır. Tunceli Independent Deputy Ferhat Tunç and Doğubayazıt Mayor Canan Korkmaz were injured during the interferences.
On 27 April, the policemen interfered into the tents after they had been broken down by the police teams during the synchronous operations on 26 April. During the event, Selim Aytaç was gravely injured by being subjected to a capsule of gas bomb on his head.
HUMAN RIGHTS ASSOCIATION