In the search, apprehension and detention operations against the Democratic Society Party (DTP), Asrın Law Office that handles the case of Abdullah Öcalan and Gün TV which were initiated with the adjudication of Diyarbakır Heavy Penal Court No. 6 on 14 April 2009 and still ongoing 70 people were detained and three vice-general chairperson of DTP were among the detainees. From the public statements it is understood that judicial principles were seriously violated during the apprehension and detention process.
This practices against Democratic Society Party which has a group in Turkish Grand National Assembly (TBMM) and is the fourth biggest party of Turkey according to the votes it received in the last local elections (on 29 March 2009) and struggles in the democratic grounds, are attacks against freedom of expression and organisation.
Turkey has not built a judicial system that acts according to the principle of justice and which is loyal to the rule of law until now. Unfortunately courts adjudicate according to the dominant mentality and demands of the political will rather than in accordance with the principle of justice and even adjudicate on judges’ individual interests and tendencies is a common situation.
The judicial system has been politicised and one part of the society has been deprived of their rights of self-realization and freedom of expression with closure cases and with detention and arrestment operations.
The right to political participation is one of the most basic rights. Democracy can only be realised with the practise of the right to political participation. The democratic resolution of the Kurdish Problem is the wish of everyone who has a commonsense. For Kurdish politicians, participating in politics with using their freedom of organisation in peaceful methods is one of their most natural rights. Kurdish people used their right and showed how determined they are for peace, democracy and freedoms by voting for DTP in the last local elections. Because of this the existence of DTP is a great chance and opportunity for Turkey for the democratic and peaceful resolution of the Kurdish Problem.
By this means we would like to state that making a judicial reform without delay, invalidating the Articles of Turkish Penal Code that are contradictory to freedom of expression, and new regulations that will ensure the right to political participation are necessities for Turkey that should not be postponed.
We are addressing to the prosecutors and to the government who have to ensure the right of political participation and we demand from them that the ongoing operations should be aborted and the detainees should be released.
Human Rights Asscoiation (IHD) Human Rights Foundation of Turkey (HRFT)