It is essential for a democratic state that acknowledges rule of law to solve problems via democratic and peaceful methods. Even when using armed force is an absolute necessity, it would still be needed for to act within limits of law and to carry on implementations in a transparent way that will not impede inspection of judicial bodies, media and nongovernmental organizations.
As it is widely known, ongoing operations and security measures taken in eastern and southeastern parts of Turkey are being performed in a concealed way and free from inspection. Neither media nor nongovernmental organizations have the chance to track the events. The conditions in the region are not also convenient for judiciary, as the guarantee of personal rights, liberties and law, to operate effectively and objectively. Considering that it is via the security forces in the region that judiciary could reach and preserve the evidences, it is not surprising that the investigations and trials into the events that security forces took part are not resulting in the way they should be. Consequently, mainly due to the lack of effective investigation and channels of application, the European Court of Human Rights in many cases had decided against Turkey. Investigations and trials carried on regarding illegal organizations and shady links uncovered by a car accident happened in town of Susurluk in 1996 have not been concluded yet in spite of 10 years that were passed since the event. This is a clear example of lack of effective investigation of such events.
In spite of all opposite discourses, events happened on 10 November 2005 in Şemdinli manifested that illegal activities and organizations in state units have not yet been prevented. The incident has become more grievous due to the security forces’ failing to publicize the identity of the person who was caught by the local people and given to the police and because of the escaping of the other two persons who also took part in the same attack from the hands of security forces. These two persons have not still been captured. Besides the weakness shown in arrest and interrogation of the perpetrators, there had been incidents of unlawful acts and violation of the principle of rule of law such as police forces’ firing into the unarmed people who are staging democratic protests and killing a person, and as the obstruction of the public prosecutor from carrying on inspection by opening gun fires.
Just after the event is heard, a commission composed of the members of the Human Rights Joint Platform (İHOP), Human Rights Association (İHD), Association of Human Rights and Solidarity for the Oppressed (Mazlum-Der) ahead and representatives of Association of Contemporary Jurists, İnsan-Der, Hakkari Chamber of Tradesmen and Craftsmen, Hakkari Memur-Sen, KESK Hakkari Şubeler Platformu, and Hakkari Övder made investigations in Şemdinli and prepared a report, which verifies all the information reflected in public opinion. Examining the report, it will be seen that in spite of all efforts of the commission a meeting could not be held with public authorities. However, the report is important particularly because it includes testimonies of the eyewitnesses and examinations made onsite.
We welcome statements of the prime minister during which he claimed that the events will be investigated effectively and the responsible persons, whoever they are, will be punished. However;
1) Considering the peculiarity of the event and results of similar events in the past, it is obvious that these promises could not be regarded as sufficient. Prior to all, for an effective and healthy investigation, it is necessary that administrative chiefs such as Governor, County Governor in Hakkari especially in Şemdinli should be suspended from their offices. Otherwise, it will not be possible to reach the evidences and covering of the evidences cannot be prevented.
2) Authority of investigating the event should be given to a ‘Committee of Public Prosecutors’ including a group of public prosecutors. And a team of security forces that is not working in the region and specialized in investigation of such issues should be appointed for the orders of these prosecutors.
3) Investigator team should be given the opportunity to investigate everywhere including the military places and to interrogate everybody including military personnel. It should be prevented that investigation evidences are not demanded from the people that could possibly be suspected and charged in the future.
4) All information concerning the levels of investigation, with the exception of the conditions necessitating absolute secrecy, should be publicized. And public should be convinced that effective, independent and objective investigation is being conducted.
5) Besides the judicial investigation, legislative and administrative control mechanisms should be formed, extensions of illegal organizations and their influences on state units should be examined thoroughly. In this context, an investigation commission should be established in Parliament. From the administrative aspect, it is obvious that an investigation held by two territorial inspectors will not be sufficient for revealing all the dimensions of the event. Thus a broader and a competent investigation committee having extraordinary authorities should be established. From the military aspect an effective administrative investigation should be conducted. Public should be informed periodically regarding works of these commissions.
6) Works of human rights organizations and other non governmental organizations in the region should be facilitated; their reports and recommendations should be given consideration and should be evaluated.
7) The prime minister or a deputy prime minister assigned by him should go to the region and guarantee the people about effective investigation. Explanations should be made guaranteeing that the emotions and reactions of people will be considered.
8) Use of violence, in any case should be prevented against the demonstrations and democratic reactions of people because of the Şemdinli incident, implementations of police in response to protests common in the region such as using arms, chemical gases, and force should be given up strictly.
We hope and expect our recommendations and demands will be considered by Parliament and current government to be first and by all the state institutions. As the 5 organizations forming the İHOP, we want to say that we will be follower of this event and in the near future a committee including presidents of the organizations will investigate the events onsite. Besides, we demanded a meeting regarding these events from Minister of Foreign Affairs and Deputy Prime Minister Abdullah Gül because of he is being the ‘Minister Responsible from Human Rights’. We hope our demand to be accepted in a short time and we find the chance to convey our opinions to the deputy prime minister in person.
Lastly we want to address the people in the region. Our people should express their reactions within common sense, in democratic ways and without resorting to violence. They should keep away from any incitement and provocation. It is the duty of all of us to follow carefully the subsequent processes. We will express our sensitivity and reactions with common sense and all over the country and will not just be spectators to the covering up of the events.
HUMAN RIGHTS JOINT PLATFORM (İHOP)
Human Rights Association (İHD)
Association of Human Rights and Solidarity for the Oppressed (Mazlum-Der)
Human Rights Foundation of Turkey (TİHV)
Helsinki Citizens Assembly
Amnesty International- Turkey