Fundamental Human Rights and Democracy Problem of Turkey has been postponed also in 2008
to be solved in another year
Human rights defenders express the basic human rights problems of Turkey generally in terms of fundamental human rights as: military tutelage, deadlock in Kurdish question, freedom of expression, freedom of religion and conscience, minority rights, torture and right to life. In terms of democracy; political parties regime, law on elections and problematic regulations in regard to local administration. If we evaluate 2008 within the framework of these issues, it ca be said that it is a year on which the parliament and other ruling groups blocked the process, however; people and civil society organizations pressured the process.
Deadlock policy based on violence in Kurdish question has continued. The Government’s step regarding Kurdish TV Channel has turned into, in fact, an attempt to create its Kurdish type. Some Kurdish letters, which are used in the Kurdish TV Channel, in the Latin alphabet are accepted as forbidden in the Turkish alphabet that is in fact a Latin alphabet as well and caused prohibition of thousands names of people and change of name of places and hundreds people were sent to prison and now there is an atmosphere in which as if these facts were forgotten. Actually, the Government and especially the Parliament must apologize to Kurds. Although establishing a TV Channel in Kurdish language, which was considered as unknown language until recent time, is a positive improvement, the question can be solved with recognizing Kurdish identity and a Constitutional circumstance that will provide an atmosphere for survival of the identity. Common and strong reactions of Kurds in 2008 have shown that the question must be solved through peaceful policies.
Effects of military tutelage regime over politics have continued in 2008. The Government’s militarist utterances, not denying memorandums that were published in the media, transferring Semdinli case to the military court, media briefings and statements about political issue by the Turkish General Staff have presented the problem in this field. Limited scope of the Ergenekon case and not including crimes conducted in the East and Southeast can be explained with an efficient military tutelage regime.
In regard to freedom of expression in 2008; change of the Article 301 did not make change in its essence and this fact shows that problem in this issue is going on. There has been no change in the articles, which are obstacles to freedom of expression, in the Turkish Penal Code (TCK) and Anti Terror Law (TMK). Even after change of the Article 301, the Minister of Justice has permitted for case in more than 50 files. The Minister has asked for a court case against Mr. Temel Demirer in a manner that sentenced Mr. Demirer. The most problematic event in the field of the freedom of expression is that the High Court has made decisions according to which people can be sentenced as a member of illegal organizations, in accordance with the Article 220 of TCK, though they are not. These decisions have been made to sentence people as a member of illegal organization if their expressions in demonstration show similarity with expressions of illegal organizations. It is a decision, which has been made to reduce social opposition to silence. This decision of the High Court is even opposite to the Turkish Constitution of 1982. The judiciary decisions, which are not impartial, in regard to the freedom of expression have been sustained with old State Security Court’s practices through new heavy penal courts. Increase in number of arrest people is a typical indication of this situation.
Developments in the field of freedom of religion and belief was limited with headscarf step, which was cancelled by the Constitutional Court. However there was a development, which was celebrated in the squares, for Alevis in 2008. Not fulfilling the responsibility of the European Court of Human Rights (ECtHR) decision about abolishment of compulsory religion course, subsequently exercising an opposite constitutional regulation by the same court in regard to Leyla Şahin case has revealed the Government’s ideological characteristic. The Government has wasted 2008 regarding the freedom of religion and belief. It has tried to create its Alevis in the freedom of religion and belief field like it works to create its Kurds in the Kurdish Question.
The new law on foundations has brought some changes partly in terms of minority rights. However fundamental problems of minorities have not been solved yet.
After the change in the Law on the Duties and Competencies of Police in 2007, police violence has increased in 2008. Some people were shot as they did not obey stop warning of the police forces. Although it is blatantly against the Constitution, the Government did not take any measures. Torture incidents increased in 2008. Making apology after Engin Ceber was killed did not solve the problem. When the Government will abolish impunity regarding torture and right to life violations, there might be positive developments.
The report, which has been prepared related with the campaign conducted by the IHD about sick prisoners in Turkey, shows that violations in prisons have reached to a very high level. Total number of prisoners are higher than the capacity of prisons in Turkey. Prisoners’ fundamental rights are ignored, subsequently; prisoners’ many rights especially right to life, right to health, right to communication, right to conversation and linguistic rights have been violated. It seems that High Security Prisons will be one of the prominent issues that we will carry out activities in 2009. Violations in Imrali Prison, in which Mr. Abdullah Öcalan is being kept, have caused serious reactions by democratic public opinion and many Kurdish people. We hope that the Government’s statements, which have been announced to the public opinion, will decrease problems in Imrali prison in 2009 to the lowest level. IHD has announced to the public many times that Imrali Prison should be closed.
In terms of economic and social rights, the world economic crisis was the most important event in 2008. Reflections of the crisis are more poverty and unemployment in Turkey. Police attack on workers, who wanted to celebrate 1st May as unity, solidarity and struggle day of working class, has revealed the Government’s policy that is against labour. Workers deaths in Tuzla shipyard is a serious phenomenon to show how wild capitalism is being exercised. The working class in Turkey could not solve even this problem and it is an exemplary situation in regard to its weakness and not being unified.
2008 was the year on which censorship raised again. Blocking websites, in manner that is contrary to the law, with court decisions, confiscating opposite newspaper even while they were being prepared to issue, cancelling accreditations of some TV channels and newspapers correspondences, which followed Prime Ministry news, revealed the Government’s censorship aspect in 2008.
Although, the problems, which were mentioned above generally, could be solved via a democratic Constitution, the Government wasted its chance in this issue with change in the headscarf issue. AKP faced the closure case against it in that period and then started to follow a militarist policy to rescue itself from the closure. The ruling party was not closed by the court but now the part is in a position that has danger of closure in any time. This is an exemplary situation to show effect of military tutelage system. Judiciary system had an attitude that is appropriate for spirit of the Constitution of 1982. Silent position of democratic groups regarding the closure case against the Democratic Society Party (DTP) resulted from ambiguity in the Kurdish Question.
Although state institutions wasted 2008 in regard to transforming the state from an oligarchic to a democratic one, there was an increase in the struggle of people, various disadvantaged groups and non-governmental organizations. The struggle of the latter gave hope to human rights defenders. 2008, on which politics was in a deadlock situation and could not produce any solution, is like an indicator for 2009 regarding establishment of new developments in this field. New political searches and some political cooperations and activities to establish a comprehensive party, which will include include various social groups, among democrats, patriots, leftist and socialist groups are hopes that struggle will increase in 2009 in favour of oppressed groups.
There were many extensive evaluations on human rights by human rights organizations and human rights defenders in 2008 because of the 60th anniversary of the Universal Declaration of Human Rights. These evaluations highlighted mainly that people became distant from the ideal situation of overcoming fear and poverty in all over the world, however; people have still hopes.
Pressures on human rights defenders increased in 2008. The following cases are some of the examples pressures that human rights defenders were subjected to; Mr. Rıdvan Kızgın one of the former Central Executive Board members, Mr. Ethem Açıkalın the president of IHD Adana Branch stayed in prison just because he did what he should as a human rights defender, sentence against IHD Canakkale Branch because of the peace activities on 1st September and torture and ill-treatment against IHD Adana and Izmir Branches. There was hardly dialogue between human rights defenders and the Government in 2008. Of course the Government is responsible for it. Indeed same person is the ministry of both security and human rights in this Government. This situation shows that Government sees human rights as a security question.
EU process was forgotten in 2008 on which people, despite all kinds of nationalist statements and lynch practices, want brotherhood insistently, Kurds and Alevis fought for their rights, politics was in deadlock situation but new searches were started. Expressing EU progress reports in a more critical manner showed that EU process is also in situation of parting ways for Turkey. The current position of the Government, which set out to become a full member of the EU, shows that politics is in a deadlock situation in Turkey.
In conclusion, it can be said that problems regarding fundamental rights and freedoms could not be solved in 2008, however; people, non-governmental organizations and disadvantaged groups were decisive to fight for a better future.
Öztürk Türkdoğan
General President