Human Rights Association (HRA) embraces the assessments regarding war at the preamble of the United Nations (UN) Universal Declaration of Human Rights (December 10th, 1948) and the spirit of the (social and international) order pointed out in Article 28. In the preamble, just in the first paragraph, it is emphasized that recognition of the dignity and rights of all members of the human family is the foundation of freedom, justice, and peace in the world. In the second paragraph, it is written that disregard and contempt for human rights have resulted in outrage of the conscience of mankind. In the third paragraph, it is emphasized that if people are not to be compelled to rebel against tyranny and oppression, it is essential that human rights should be protected by the rule of law.
Turkey has a political and legal regime that is alien to the values of equality and freedom, that is not relying on democracy and the rule of law, that is unjust, and that, as a consequence of all these, creates conflict (war).
In 41 years out of the 92 year period between 1923 and 2015, there were martial rule and state of emergency regimes. There were several military coups d’etat and coup attempts. Since June 7th, without any respect for the election results, a de facto presidential system has been in place, and in this context, curfews have been declared since August 16th, 2015 without any legal grounds. In this de facto situation that has been going on to date since August 16th, curfews have been declared in 8 districts of Diyarbakır for a total of 32 times, in 3 districts of Mardin for a total of 9 times, in 2 districts of Şırnak for a total of 7 times, in 1 district of Hakkari for 4 times, and once each in Muş/Varto, Batman/Sason and Elazığ/Arıcak. 1,300,000 people have been directly affected by these curfews, while the entire population in these towns have been affected indirectly as well.
The curfews have been based (by the government) on the authority given to governors and district governors in the law no. 5442 11/C and 32/Ç to take security precautions in their general vicinity. However, it should be noted that, according to Article 13 of the Constitution, it is only possible to regulate fundamental rights and freedoms via law articles, and there cannot be any modifications to the core of these fundamental rights in these regulations. In Turkey’s legislation, curfews are the most serious security precautions that can only be declared in a state of emergency or during martial rule. Thus, current declaration and implementation of the curfews are clearly against the law. Appointed governors and district governors are acting against the law in a subject that is under the authority of the Ministerial Cabinet and the Grand National Assembly of Turkey (GNAT), and therefore, have extorted the authority of GNAT. The government has been executing against the law via the governors and district governors, and in this way, has deactivated GNAT. Article 15 of the Constitution determines the circumstances where fundamental rights and freedoms can be restricted, and does not specify any such practice by the governors or district governors. There is a very severe violation of the Constitution. This violation will have legal consequences in the future.
There have been severe legal violations in the following districts over the following periods: from December 2nd, 2015 to date in Diyarbakır’s Sur district, in Mardin Dargeçit from December 11th to December 29nd, and in Şırnak’s districts of Cizre and Silopi from December 14th onwards. There were also curfews lasting 12 days in Mardin’s Nusaybin district, between December 4th to 11th and between December 14th to December 26th, 2015.
Turkish courts not imposing legal stays on the curfews, despite the fact that they are clear violations of the European Convention of Human Rights (ECHR), the Constitution, and the related laws, is another clear indicator of Turkey’s anti-democratic character discussed above. In Turkey there is an absence of an independent and impartial judicial system that adheres to the principle of rule of law.
The reason Turkey’s constitutional and legal systems are described as “conflict breeding systems” is the fact that they have aspects incompatible with civil, political, economic, social and cultural rights. Furthermore, the existing system rejects pluralism. A monolithic constitutional, legal, administrative and political system has emerged despite Turkish society’s plural political, ethnic, linguistic, religious and cultural nature. Policies of refusal, denial and assimilation have been pursued for many years now, banning and punishing different cultures, languages and opinions. Traces of these policies can still be seen in many instances and areas of life. Forced migrations with the aim of scattering the Kurdish population and banning Kurdish culture and language are forms of policies that have actively been pursued against Kurds, as well as other dissident groups, Alevis, various Muslim and Non-Muslim populations. The system is not inclusive of these social groups, but seeks to exclude them.
The conflict breeding system and its significant rights violations, its consequences for the people, its structure, and the policies it has produced and implemented have reflected in official documents as well. Two reports that have been prepared in 2013 within the GNAT highlights very significant evidence and analyses.
These were the GNAT Human Rights Research Commission’s February 2013 report and the November 2013 report by the GNAT Research Commission to Evaluate the Path to Social Peace and Assessment of the Resolution Process (published with BDP’s dissenting opinion).
Even though there are inconsistencies with official figures, GNAT’s Human Rights Commission report notes that the number of casualties as of the end of 2012 included 7,918 security personnel (soldiers, police officers, and village guards), 5,557 civilians, and 22,101 armed militants.
According to the HRA and Human Rights Foundation of Turkey (HRFT) data, the number of troops, police officers, village guards and armed militants who were killed between 1993 and the end of 2014 was 23,758, while during the same period, the number of civilians who lost their lives as a result of attacks, landmines, unsolved murders and extrajudicial executions was 8,104. Between 1980 and 2003, 940 individuals have been victims of enforced disappearances and 1,308 have died suspiciously or have been killed in detention centers or prisons.
According to the HRA’s information center, in 2015:
Civilians who were wounded or killed by soldiers, police, or village guards, were as follows:
January 1 to July 24, 2015: 21 individuals (including 2 children) killed
January 1 to July 24, 2015: 49 individuals (including 20 children) wounded
July 24 to 29 December, 2015: 226 individuals, including 58 children of which 2 were unborn, were killed
July 24 to 29 December, 2015: 441 people, including 91 children, were wounded
The Number Of People Who Lost Their Lives Or Were Wounded During Armed Conflicts Between January 1st, 2015 and December 24th, 2015, included:
January 1 to June 7, 2015: 2 police officers, 1 soldier, and 6 armed militants were killed
June 7 to December 24, 2015:
Soldiers, Police, and Village Guards:
191 casualties (84 soldiers, 66 police officers and 3 village guards)
486 wounded (215 soldiers, 197 police officers and 9 village guards)
Armed Militants: 186 casualties and 19 wounded
Civilians: 12 deaths and 107 wounded
The Attacks of Illegal Organizations:
On June 5, 2015, 5 people lost their lives and 402 got injured in the Election Rally organized by HDP in Diyarbakir.
On July 20, 2015, in the Suruç district of Urfa, a group of young people gathered after a call from the Federation of the Socialist Youth Association (SGDF). 33 people got killed and 104 got injured after a suicide bomb attack.
On July 10, 2015, people from all over Turkey gathered in Ankara for the Labor, Democracy and Peace Rally and as a result of a suicide bomb attack, 101 people lost their lives, 460 people got injured, and some of whom were left handicapped.
2 Civilians, 8 Policemen, 4 Sergeants, 4 Politicians, 1 Doctor, 1 Headman, 1 Worker, 2 Journalists lost their lives as a result of the attacks of illegal armed organisations. 19 Civilians of whom 1 was a Child, 18 Policemen, 4 Sergeants, 3 Politicians, and 2 Workers got injured in these attacks.
As a result of bomb attack in the bureau of Adımlar Fikir Kültür Siyaset Dergisi (Adımlar, Journal of Ideas, Culture,and Politics) and 3 employees of the journal got injured.
1 Prosecutor was abducted by armed militants and was later got killed as a result of armed interference. 2 armed militants also lost their lives in the same abduction.
Lynching Attacks Towards Civillians:
University students, Kurdish people living in the western Turkey: 4 deaths and 540 injures.
1 University student was attacked because he was not fasting (during the month of Ramadan) and got injured. 3 Alevi people were attacked because of being “Alevi”.
1 Journalist (Ahmet Hakan) was attacked and injured.
As seen and lived through, many violations towards the right to life occurred after the armed conflict started again. The current situation can only be described as a state of armed conflict or war. The ongoing armed conflict creates a situation in which the 3rd article of Geneva Conventions, which regulate humanitarian law and are also ratified by Turkey, should be applied.
In this case, we are repeating our slogan, “No to War, Peace Right Now”. We perceive peace as “the sacred right” of the people, as emphasized by the UN declaration. We perceive peace as a state in which freedom is recognized, defined, protected and improved. Peace, as described by I. Kant, means “the end of all hostilities”. We do not want (armed) conflicts.
We want Democracy.
We perceive democracy as a value and a system that carries with itself the elements of Article 8/b of UN World Conference on Human Rights, Vienna Document. Democracy, according to this document, is not a only the election of those who will govern the country every four years. “Democracy is based on i) the freely expressed will of the people to determine their own political, economic, social and cultural systems, and ii) their full participation in all aspects of their lives”.
It is important to think once more about the meaning of “their full participation in all aspects of their lives”. It is known that self-governance of people is a determining and outstanding element In the solution of all ethnic problems in the world. The models may differ. The point here is to approach the issue in the context of democracy. Autonomous governance of local administrations, local governance, autonomous governance, democratic autonomy, federal governance and similar issues and concepts should not be tabu and should be expressed and discussed freely.
Turkey has signed UN’s “Twin Contracts” on August 15th, 2000 during which period MHP, ANAP, and DSP formed a coalition government. On March 24th, 2001, it was formally announced in the Official Gazette that the UN’s Acquis will be ratified after the 2001/2129 decision of the Council of Ministers. Devlet Bahçeli’s, the General President of MHP, signature is also on this document. Later during the AKP government, the International Covenant on Civil and Political Rights as well as the International Covenant on Economic, Social and Cultural Rights were ratified with the law number 4867 and this was later announced in the Official Gazette on June 18th, 2003. The International Covenant on Civil and Political Rights was put into practice on July 21st, 2003 based on the 203/5851 decision of the Council of Ministers and International Covenant on Economic, Social and Cultural Rights was put into practice based on the 203/5923 decision of the Council of Ministers. The first articles of both covenants include the issue of people’s self-governance. The general comment numbered as 12 of the 21th session the UN Human Rights Commission in 1984 was accepted. According to this, the self-determination of every nation has utmost importance because the practice of this right is a necessary condition for the recognition of individual rights and their application. After the revision of the 1st article of the Commission’s Contract, it is stressed that there is a right that pertains to every group of people. According to this right, every group of people can determine their political situation freely and should be provided with the necessary conditions for their economic, social, and cultural improvement. The Committee refers to the Declaration of Human Rights determined on October 24th, 1970 at theUN General Commission regarding international law principles to foster friendly relations and cooperation between states. In this declaration, it is clearly emphasized that the signatory states should respect all peoples’ right to determine their own future.
Turkey needs to pay attention to the International Covenant on Civil and Political Rights that was defined with law number 5468 and put into practice on August 5th, 2006 via the 2006/10692 numbered decision of the Cabinet. According to this protocol, any individual or legal entity from different ethnic groups can apply to the UN Human Rights Committee after exhausting the domestic legal procedures.
UN Human Rights Commission has discussed Turkey’s first report on October 30th, 2012 and delivered many recommendations for Turkey.
Turkey’s denial and disregard of the right that she ratified and claimed responsibility in the international arena presents a complete oddity. The negative reactions as well as threats towards the self-governance declaration, which includes 14 articles, announced by the Democratic People’s Congress (DTK) on December 27th, 2015 implies the denial of UN’s Bill of Human Rights, Twin Contracts, and UN conferences and declarations. Turkey can move out of the UN’s system or may face an intervention of the UN if she keeps denying the self-determination rights of the Kurdish people.
Kurds can describe their political status as self-governance or autonomy, or demand such a right, and the reaction by the state/government or any other political organization should not be to shut down, threaten, accusations of treason, and detentions. This is a demand and it is a political demand, and an expression of an idea. This topic can be discussed, negotiated, can be agreed upon completely or after modifications, or can be denied.
In Turkey, people and institutions that defend the ideological nation state, which depends upon Turkish ethnicity and state-adopted Sunnite interpretation of Islam (as also defined in the constitution), act as if they are ignorant of fundamental human rights. We condemn those who seek refuge in a constitution that the generals who orchestrated the coup d’état of September 12th, 1980 dictated and forcibly imposed on the public. The actors of the coup are dead, but those who defend their constitution are maintaining their spirit. We implore these so-called nationalist elements to recognize basic human rights that are guaranteed by supranational charters. The opinions declared by the second greatest bar association of the World on the declaration of DTK are scandalous for legists. We invite the Istanbul Bar Association administration to reconsider, to adhere to the human rights values defended by Tahir Elçi, the assassinated head of Diyarbakır Bar Association, and consider all the civilians murdered in 2015.
Given this context, HRA is in the opinion that protection, realization, and advancement of human rights is possible in unitary (as in France) as well as federal (as in Switzerland or Germany) systems. What actually matters is the adoption and implementation of human rights principles and values, and human rights standards.
We are in the opinion that it is natural and a demand of democracy for DTK, HDP, and other non-government and political organizations to criticize, and make proposals on the regime, the system of the state; and making declarations and shaping public opinion with this purpose.
After stating that “in addition to lifting the reservations put on the European Charter of Self-Government in its declaration”, DTK clarifies the fourteen articles. While concluding the declaration, the Congress states that “This declaration is a quest for a dynamic debate and reconciliation. It is open to suggestions and criticism”. Thus it expresses the wish for a public debate of the proposals and intent for reconciliation.
We deem it a right to express opinions and propose programmes about this topic in the framework of freedom of expression and organization. Those individuals or citizens who agree, might embrace these proposals; those who disagree, might not. We find it anti-democratic that people are targeted, investigated, and initiatives to abolish political institutions are being developed.
Political parties and institutions can develop ideas about federals systems, system of presidency or models of self-government and work for them. Indeed, there are parties currently working for such proposals. Also, some parties, for instance CHP has expressed lifting the reservations put on the European Charter of Self-Government in their election statement. This is an absolutely natural demand and is a manner in accordance with democracy. The Charter of Self-Government prescribes administrative and economic self-government. The Charter promotes not separation but voluntary unity. None of the countries that are part of this Charter have been divided or disintegrated. Thus, we would like to say, the threats and inquests against the parties and politicians are against human rights.
As HRA, we have always defended the democratic and peaceful resolution of the Kurdish problem. We are insistent on this point. Thus, we demand the armed conflicts be ended immediately now. We call all parties involved for the cessation of the conflict. Keeping in mind the ongoing negative consequences of the conflict, we want empowerment and monitoring of the cessation of the conflict and that the parties take decisions that they will both abide by.
We support the Dolmabahçe Agreement declared on February 28th, 2015 and we want its requirements be fulfilled.
We want the government to bring an end to the isolation of Abdullah Öcalan, clear the road for a peaceful resolution, establish the necessary administrative, legal and political grounds, and start the negotiations immediately.
We want the political institutions to be inclusionary, to develop inclusive, not exclusive policies, and solve the Kurdish problem through peaceful and democratic means.