human rights violations report 2023
HUMAN RIGHTS VIOLATIONS REPORT 2023
LONGING FOR A WORLD BASED ON HUMAN RIGHTS
Türkiye, is governed by a State of Emergency regime, which was enacted on 20 July 2016 and abolished on 19 July 2018 and this regime has become permanent through many legal regulations.
In the year 2023, there have been human rights violations in many areas as a result of the policies of the political power that have turned all the country's problems, from the economy to public health, into security problems and polarised society, and the policies that are based on violence inside and outside the country and have made conflict and war the only way to solve the Kurdish problem in particular and international problems in general.
One of the most significant incidents of the year 2023 that must be highlighted are the two sequent earthquakes that struck on 6 February, causing thousands of deaths. The problems, grievances and rights violations caused by the earthquake continue in all their gravity, even though a year and a half has passed. As Human Rights Association, several times we formed delegations to see and report the results[1] and consequences[2] of the 6 February earthquakes where we lost 14 İHD members and executives and we shared the earthquake observation reports[3] publicly.
Two other major issues of the year 2023 were the two-round presidential elections that were held on 14 May and 28 May 2023 respectively and the 28th term parliamentary elections. İHD observed two elections closely and reported human rights violations in this period and shared its observations and findings[4] publicly.
Torture remained a major human rights concern in Turkey in 2023. Following the 6 February earthquakes, the declaration of a state of emergency in the earthquake zone and the extension of detention period led to an alarming increase in violations of the prohibition of torture.
Restrictions imposed by the political power on the freedom of thought and expression and the increasing and perturbative oppression and control on the press and human rights defenders in particular, continued in 2023. In addition to the laws that prevent the exercise of freedom of thought and expression, Law No. 7418, publicly known as the "Disinformation Law", which made some amendments to the Press Law and entered into force by being published in the Official Gazette of 18 October 2022, No.31987, further increased the pressure and restrictions on anyone seeking to exercise freedom of expression, especially journalists.
In the Kobani trial, known as the Kobani conspiracy trial, in which HDP co-chairs, elected politicians, members and executives of the Central Executive Board of the HDP are on trial, the request to postpone the hearing to a later date on the grounds that most of the lawyers of the case lived in the provinces affected by the earthquakes on 6 February and could not practise their profession due to the earthquake was not accepted but the court had to postpone the hearing because the lawyers could not come to the hearing.
All the evidence in favour of the accused politicians since the beginning of the trial has been ignored in the prosecutor's final opinion, which runs to 5268 pages. In the final opinion, hundreds of years of imprisonment were demanded for the politicians, yet lawyers and politicians were prevented from defending themselves. Heavy penalties have been unlawfully imposed on these politicians with the verdict[5] given in the last hearing that was held on 16 May 2024 and many rights of these people on trial, such as the right to a fair trial, the right to liberty and security, freedom of expression, the right to effective remedy, the prohibition of discrimination, the right to vote, to be elected and to engage in political activities have been violated.
Impunity remains one of the fundamental problems of the judicial system in Turkey. Trials that last for years, cases in which the perpetrators often do not even appear in court, end without punishment on the grounds that the statute of limitation has expired.
Trials that go on for years end in the acquittal of the perpetrators. For example, in the "JITEM" case, which was filed over the deaths of 19 people between 1993 and 1996, including Abdulmecit Baskın, the head of Altındağ district registry office in Ankara, all the defendants were acquitted on 26 May 2023. The right to life and the prohibition of torture have been violated by this court decision. The stance of the courts in protecting the state officials where the state is a party has also been revealed in this case and in line with the opinion of the public prosecutor which was in defence of the defendants, the court ruled for the acquittal of the defendants, thus this case has also been resulted with the impunity.
The judiciary’s non-compliance with the decisions of the Constitutional Court is an ongoing practice that should not be the case in a state governed by the rule of law. Following the Constitutional Court's ruling on the violation of the rights of MP Can Atalay, both the local court and the Court of Cassation, which should have recognised this ruling, announced that they did not recognise this ruling. Yet, Article 153 of the Constitution clearly states that the decisions of the Constitutional Court are binding on the legislative, executive, judicial and administrative authorities, real and legal persons. The Court of Cassation has blatantly violated the Constitution with this decision and breached the right to fair trial, right to an effective remedy, right to liberty and security of person, the right to vote and be elected and the right to political activity. The 3rd Chamber of the Court of Cassation did not stop there, stating that it will not abide by the Constitutional Court decision and criticized the Grand National Assembly of Turkey and virtually reminded it of its duty and decided to file a criminal complaint against the members of the Constitutional Court. This is a judicial coup and as human rights defenders we are always against judicial coups.
Article 2 of the Constitution declares that the Republic of Turkey is a “state of law”. The rule of law requires, first and foremost, that all organs, institutions and officials of the State act in accordance with the Constitution and are bound by it. Article 153 of the Constitution states that the decisions of the Constitutional Court are "final" and binding on "legislative, executive and judicial organs, administrative authorities, natural and legal persons". Acceptance of the binding nature of the judgments of the Constitutional Court is a constitutional requirement. Article 11/1 of the Constitution entitled “Binding force and supremacy of the Constitution”, states that “the provisions of the Constitution are the basic rules of law binding on the legislative, executive and judicial organs, administrative authorities and other organisations and persons.”
In the Turkish legal system, no institution or person is authorised to “resist” the decisions of the Constitutional Court. The view that the decisions of the Constitutional Court cannot be implemented on the grounds of “excess of jurisdiction” or “usurpation of function” does not explain the source of the power to “resist”. The use of an authority that is not recognised and regulated by the law ‘in the name of the law’ suggests a serious contradiction.
The verdict confirmed by the Court of Cassation on the sentences passed on Osman Kavala, Can Atalay, Çiğdem Mater, Tayfun Kahraman and Mine Özerden in the Gezi Trial, which was known from the beginning to be a political revenge case through the judiciary, is a declaration that the judiciary in Turkey operates only as a political punishment mechanism and has abandoned all legal grounds.
With this unacceptable confirmation of the sentence by the Court of Cassation, human rights defenders who demand justice not only for the country we live in, but also for the whole world, have once again been persecuted by the judiciary. Being well aware that the essence of defending human rights is the ability to see injustice, we will determinedly defend justice against the injustice that has been reaffirmed by this judgement. We will not give up our objection to the criminalisation of opposing injustice and our responsibility to speak out against unfairness and injustice.
Asylum seekers, refugees and migrants, who have now become an integral part of Turkish society and an essential element of the society are still subjected to all kinds of discrimination and abuse, hate speech and economic exploitation. In 2023, asylum seekers and refugees were subjected to racist and hateful violence and lost their lives. Asylum-seekers and refugees constitute one of the social segments that experience the effects of the ongoing severe crisis in the deepest physical, mental, social and economic terms.
The fact that Turkey is experiencing the worst economic crisis in the history of the Republic, makes it completely impossible for citizens to live in dignified conditions. This situation is in itself a serious violation of human rights.
VIOLATIONS OF THE RIGHT TO LIFE
Violations of the right to life continue to be a major focus of our annual human rights balance sheets. Policies based on violence, the failure of the state to fulfil its obligations to protect its citizens and prevent acts directed against human life, violations resulting from state errors and omissions, and many other violations have been covered under this heading.
According to data collected by İHD’s Documentation Center in 2023:
- A total of 17 people lost their lives and 16 people were wounded as a result of being killed and wounded by security forces for disobeying stop warnings, violations of the authorisation to use weapons and attacks during public demonstrations.
- One person was killed and one person was wounded by village guards.
- 43 people were killed and 35 people were wounded in border areas.
- 42 people lost their lives in prisons, while 6 people lost their lives under custody and 6 others were wounded.
- 7 individuals lost their lives and 1 individual was wounded due to assaults by unknown assailants.
- As a result of errors and negligence by public officials, 53,369 people lost their lives and 108,502 were injured. This includes the death toll 53.227 and 107.213 people wounded in the earthquake. In addition, 58 people lost their lives and 171 people were wounded due to floods. 3 people died and 8 people were wounded as a result of being hit by a military vehicle.
- The number of people lost their lives as a result of suicide/suspicious deaths of police officers and soldiers is 24.
- 2 people lost their lives in attacks by illegal organisations while 4 people were wounded.
- The number of people who lost their lives due to attacks on members/executives of political parties, trade unions and associations, journalists, teachers/lecturers/students, labourers/health workers/public servants/foreigners/members of political parties etc. was 7 while the number of people wounded was
- A total of 242 people lost their lives and 58 people were wounded in armed conflicts.
- A total of 358 people, including 285 women and 39 children, were recorded as suspicious deaths and 6 people, including 4 children and 2 women, were recorded as suspicious injuries.
- According to the data obtained under the heading of violations against women's right to life, 27 women lost their lives by suicide and 6 women were wounded as a result of attempted suicide. Under the heading of Violence against Women in the Social Sphere, Rape and Harassment, Women Subjected to Domestic Violence, we have identified that 349 women lost their lives and 1265 women were wounded as a result of harassment, rape, assault, threats and being held under control.
İnsan Hakları Derneği-İHD
(Human Rights Association)
[1] https://www.İHD.org.tr/hatay-deprem-bolgesi-gozlem-tespit-degerlendirme-raporu/ [2] https://İHD.org.tr/en/İHD-fidh-omct-joint-statement-uphold-human-rights-during-earthquake-response/ [3] https://www.İHD.org.tr/hatay-ili-deprem-raporu/ [4] https://İHD.org.tr/en/İHD-elections-observation-report/ [5] https://www.İHD.org.tr/toplumsal-barisi-ve-demokratik-siyaseti-savunanlar-cezalandirilamaz/ [6] https://ihd.org.tr/en/joint-statement-isolation-and-incommunicado-detention-continue-in-imrali-prison/ [7] https://ihd.org.tr/en/peace-conference-2024-final-declaration/ [8] https://ihd.org.tr/en/joint-statement-close-pit-type-prisons/ [9] https://www.ihd.org.tr/cumartesi-anneleri-turkiyenin-anayasal-normlarina-ve-uluslararasi-hukuk-kurallarina-dayanan-mesru-taleplerimizde-israr-edecegiz/ [10] The gatherings of the Saturday Mothers, who have been coming together in Galatasaray Square since 27 May 1995, were interrupted from 1999 to 2009 due to police interventions, and since the 700th week of the gathering on 25 August 2018, they were not allowed to gather in Galatasaray Square. [11] https://ihd.org.tr/en/frontline-defenders-urgent-appeal-for-saturday-mothers/ [12] https://ihd.org.tr/en/ihd-end-judicial-harassment-against-human-rights-defenders/ [13] https://www.bbc.com/turkce/articles/c727exvzdzqo [14] https://ihd.org.tr/en/world-press-freedom-day/ [15] http://www.isigmeclisi.org/20959-yasamak-icin-orgutlenmek-direnmek-zorundayiz-2023-yilinda-en-az-1932 [16] https://ihd.org.tr/en/joint-statement-close-pit-type-prisons/ For the Table of Human Rights Violations in 2023 in Turkey please click on: 2023 Table of HR Violations in Turkey
Tags: