Right to life and right of inviolability of material and spiritual entity are the rights that are guaranteed by Universal Declaration of Human Rights and basic human rights instruments, to which Turkey is a party State, of the UN and Council of Europe. These rights are guaranteed in the 1st Paragraph of the Article 17 of the Constitution. It has been clearly regulated that right to life, right of inviolability of material and spiritual entity, right not to be forced to express religion, conscience, opinion and assessment shall not be violated even in period of war, martial law, mobilization and emergency rule with the amendment in the 2nd Paragraph of the Article 15 of the Constitution, which has been made via the Article 2 of the Law No. 5710 and dated 7.5.2004.
Right to life and right of inviolability of material and spiritual entity, which are pointed out as untouchable rights in the highest national and supranational law documents, are under a threat in Turkey. This threat is closely related with laws made by the Parliament and activities by the Government.
There is a serious increase in violation of using gun by Police Forces and Right to Life
Police Forces’ authority regarding using force and gun has been expanded with the amendment in the Article 16 of the Law on Duties and Competencies of Police No. 2559 in June 2007. With this authority using gun, there is a blatant violation of the Constitution and the Constitutional Court’s decision no. 1996/68 E, 1999/1 K and dated 06.01.1999. While this regulation was being prepared, Human Rights Association (IHD) and Human Rights Foundation of Turkey (HRFT) have expressed in their call to the public opinion and the Parliament that regulation would threat right to life and cause increase in human rights violations. IHD and HRFT, unfortunately, were justified. After the amendment of this law, 35 people lost their lives, became disabled and were wounded as a result of gun used by police forces in an opposite manner to human rights only in 2008. We fear that the dreadful situation will be more serious because of statements “love or leave the country” and “citizens shall protect themselves” by the Prime Minister and some irresponsible statements by MPs that support the same mentality.
We call the Parliament and the Government to amend the Article 16 of the Law. No. 2559 in a way, that is appropriate to the Article 15 of the Constitution and the decisions by the Constitutional Court, and to stop these violations caused by police forces.
Police Forces’ Authority of Using Gun is against the Constitution
Expressing the following statement to parties of the cases related with violation of authority gun used by police forces as well as to the Courts might be useful for them. The Paragraphs of 7, 8, and 9 of the Article 16 of the Law No. 2559 are against the Articles 2, Paragraph 2 of the Article 15, 17 and 90, as a result; to the basic human rights instruments to which Turkey is a party. Therefore, an application should be made to the Constitutional Court for abolishment of this Article. The Constitutional Court, when there is an application, should make decision (as it did in 1999) in a short period and stop this situation against human rights.
We Condemn the Mentality that Is Happy with the situation where citizens are Sho
We demand that required legal processes should be made against MPs that stated they were happy with shooting of citizens by police forces. We ask that Mr. Abdulkadir Akgül, who is an MP of AKP from Yozgat and provoked and encouraged police forces for more offences, should be tried immediately. Parliamentary immunity of this MP, who stated that justice was being applied to everyone in an excessive level, must be abolished and he must be tried before the court.
No one should forget that Justice is necessary for everyone. We wish a future on which justice will be applied to everyone.
HUMAN RIGHTS ASSOCIATION
HUMAN RIGHTS FOUNDATION OF TURKEY