Research-Inquiry Report about Arbitrary Detention, Threat, Food Embargo, Compel to Forcibly Evacuation and other violations in Çemekare Field of Yaprak Village in Pervari District of Siirt Province, Southeast Region of Turkey
Organization for Human Rights and Solidarity for Oppressed People
(MAZLUM-DER)
17 August 2007
A group, which live in Çemekare Field of Pervari District in Siirt Province, have applied to IHD (Human Rights Association) Branch Siirt in 10.08.2007. The group alleged that soldiers and village guards had attempted to evict their field after the declaration of temporary security zone, in 26.06.2007, by General Staff of Turkey. Then the road from Çemekare to Pervari was blocked with sand and stones. Subsequently, entrances of villagers were forbidden and a baby-Ünal Çakır- who was in high fever died since the family was not allowed to go to the doctor. When they applied to public prosecutor about practises, villagers were subjected to ill-treatment, beat, threat, took under custody arbitrarily by Commandership of Pervari Gendarmerie. The group demanded help from IHD Branch in Siirt.
COMPOSITION of the COMMITTEE:
Upon the application to IHD Branch in Siirt, the following Human Rights Committee was composed;
Ms. Reyhan Yalçındağ-Lawyer-General President of IHD, Mr. Selahattin Çoban-Lawyer-Chairperson of Mazlum-Der Branch in Diyarbakır and Central Board member of Mazlum-Der, Ms. Vetha Aydın Chairperson of IHD Branch in Siirt and Executive Board member and Mr. Raci Bilici Board member of IHD Branch in Diyarbakır.
The committee was composed to inquire allegations about compelling to forcibly evacuations, restricting right of travel, communication, ill-treatment, embargo on food-essential goods and to provide accession to real facts by means of research/inquiry and to contribute protection of right to resident, to travel live under security atmosphere, which are covered by various national and international rules.
INTIATIVIES by the COMMITTEE:
The Human Rights Committee had informed Administrative District of Pervari, Pervari Public Prosecutor and Governorship of Siirt province about its plan and aim to search the abovementioned allegations before the committee went to the venue. Also, the committee had asked appointments from these institutions.
In order to inquire the case in venue, in 13 August 2007; the committee went to the field with applicants after they had meeting with victim applicants. However the committee was stopped, at a point 7 kilometres to the field, by officer sergeant from Gendarmerie Commandership in Pervari and village guards. So, the committee’s entrance into the field was blocked by the officers. The committee came back to Pervari district and had meeting with the Public Prosecutor, Mr. Ahmet ATAMAN. On the other hand, District Governor Mr. Hakan BİLGİN rejected our demand for meeting, by saying he had another meeting about tender, even the committee had asked for appointment earlier.
The Human Rights Committee could not have meeting with the Governorship in Siirt since the Governor, Mr. Hüseyin Avni MUTLU was out office the city and the Deputy Governor had another meeting.
INTERVIEWS with VICTIM APPLICANTS,
The applicants made the following statements, which were summarized, to IHD Branch in Siirt, to which they had applied in 10 August 2007, and to the Human Rights Committee that was in Pervari to inquire the case in 13 August 2007.
1. Mr. Halil Çakır: Victim said that his ancestors had been living the mentioned field for many years and they had been working in agriculture. He explained that their fields were quite fertile. He said that in the past; there had been 16 units in the field but at this moment the field was like desolation. He stated that they had to evacuate their field because of the OHAL (State of Emergency Rule). He said that a newspaper-Siirt’de Son Söz- dated 19 October 1988 and Numbered 2929 could be used as evidences. He made the following statement:
There are 49 houses of tents, 11 of which are permanent and 38 are temporary, and 403 people in our field. All people, especially children, from the field have trauma symptoms. There is safety for neither our lives nor goods. We have complaints against security force members, who have practiced inhuman and degrading treatment and attempted to evict our village…”
2. Mr. Abdulcabbar İĞDİ: The applicant, Mr. Abdulcabbar İğdi, has similar complaints with other villagers. He has added the following in summary:
“Since our field has been declared Temporary High Security Zone by General Staff, we have been subjecting serious pressures and threaten. Firstly, 12 families and their animals were forcibly moved to out of village by Ekindüzü Gendarmerie Station. We, 17 people from Çemekare clan, were held arbitrarily in Gendarmerie Station for 2 days. Since they did not allow us to milk for three days, some illness (deformations at their udders, infectious hepatitis) occurred among our animals. About 89 animals were affected with deformation at udders and disabled. 22 of them were perished because of infectious hepatitis (this illness as called Zerig by people). Actually our animals were healthy. Animals had been examined, vaccinated by veterinaries from Agriculture Office in Cizre District. Moreover, our animals had a medical certificate. The only reason, which made ill and perished our animals, is that they were waited unhealthy conditions without food and water in the Gendarmerie Station’s area.
While we were waiting to give statement at corridor of the public prosecutor’s office, the lieutenant Bedri, who wore a grey sweat shirt, came to judiciary. The lieutenant held my neck and shouted at me with the following words; ’You always cause problems, inform Roj TV. I will shoot directly to your neck because former 3 bullets were not enough for you. I will kill you. Watch your step.’ Before this even; a man, named petty officer Ender from Gendarmerie Commandership, had called me many times and told me to come to the Gendarmerie in Siirt. The phone number of petty officer was 0 537 793 05 14. I did not go there since I did not trust him. 3 men, who told that they were officers from TEDAŞ (Electric Distribution Company of Turkey), came to the field in the last spring and they had meeting with my brother-Mr. Lokman İğdi- by saying that they had come to the field with referring Mr. Kazım Eren, whom we do not know. They threatened my brother with referring to me. They told him ‘Tell your elder brother to watch his step. We will kill him and you with only 2 bullets, which mean 2.5 YTL for us.’ We suppose that these men were not officers from TEDAŞ. However they came to the field on behalf of JİTEM (Gendarmerie Intelligence and Counter Terrorism Bureau). Indeed, we know that one them was a sergeant named Mustafa, who is known man of petty officer named Ender. The sergeant Mustafa waited many villagers in the Ekindüzü Gendarmerie Station for hours arbitrarily many times. At one time; while we were kept waiting at the Doðan point, the man told that I need to ask permission from the lieutenant named Bedri to take food imports to the village. When I was talking to him, the man offered agency to me. Moreover, he told that he would kill me if I would not accept collaboration.
Threatens by the lieutenant Bedri, who shot three bullets to me while there were many villagers, have already disgusted us. I still have empty shells. I said also to public prosecutors that I would give empty shells to you as evidence. Unless serious precautions will be taken, we will have move from the field. We already have poor conditions because of limitations on agriculture and livestock as well as other treatments. We have many debts. We ask help from human rights defenders.“
It has been observed that victim was uneasy, anxious, he regarded himself as helpless. It has been covered that they applied to Public Prosecutor in Siirt since they fear from relevant authorities in Pervari district.
3. Mr. Agit Ruvanas: The Committee had meeting with the headman of the village, too. The headman of the village has similar complaints with other villagers. He has added the following in summary:
“…Statements by other men are completely true. We have poor conditions regarding with economic, moral and material issues. Ms. Türkan Kaya, who is pregnant, is going to deliver a child. We are concerned about her life if she will not be examined by a doctor. All people in the field have nightmares in every night. Children always cry and fear. There is no safety for our life or goods. Most of our animals are already perished. In order to inquire and determine our loss, judicial authorities must come to the field as soon as possible. We could not enter to our field from 1998 to 2002. We could not harvest on our lands. Most of the houses and residences were fired. Currently, 11 families are living at houses in the village other families are living in tents. Since 2002, we do not have any financial sources except for livestock and dealing with our fields. Our conditions are worse than hunger limit. Still, neither food nor essential goods are taken into our village.”
It has been observed that the victim was too anxious and fear from forthcoming events and had a traumatic mood.
4. Mr. Abdulaziz Başaran: The victim villager said that unjust treatment, which was being practised against them, was too difficult to bear. Moreover, he asked for legal assistance from the Human Rights Committee.
5. Mr. Mehmet Engin: Mr. Engin, who made the same statements of other victims. Moreover, he said that they are still anxious, their children are always crying and fear, too. He asked to stop inhuman treatment, which was being practising against them. He informed that if they will move from the field, they will face up to starvation. Indeed, he told that they have already serious financial loss.
GOING TO THE ÇEMEKARE FIELD
After the committee had meetings with the victims, they rented a car and set out to the Field with the aforementioned victims at about 12.30 p.m in 13 August 2007. As it seen from some photos in the attachment of the report; the committee was stopped at a point, which is known as Süleyman Square, by four village guards and a sergeant, whose name was told as Deniz. The committee informed the military officer, who was there at that moment, about demand for appointment by the Headquarters of Human Rights Association in 10 August 2007. Moreover, the committee informed the military officer that they would like to observe allegations at the scene and meet with villagers. The committee said to the military officer that they were concern about the situation of a woman, who would deliver a child and since food-essential goods finished in the village, five villagers should go to the field. However, entrance of the committee was rejected by saying that there might be landmines on the road. Moreover, they told that the committee should turn back to Pervari district and use another route: Doðan road to go to the village. Indeed, it was learned that some villagers had gone to outside of the village by using the same road at 14 August 2007 or just one day after rejection of the committee. Villagers, who were joining the committee, told that the committee might not be allowed to enter to the village even attempting to use the road of Doğan village because they had been blocked when attempting to use the road of Doğan village.
OFFICIAL MEETINGS in PERVARİ and SİİRT
1. Mr. Ahmet Ataman, Public Prosecutor of Pervari District: When the committee members went to the Government House, the meeting was started without any delay. Briefly, the committee members informed Mr. Ataman about seriousness, content of the application as well as their concerns. Moreover, the committee stated that an effective and efficient investigations should be opened regarding with the event. Then, the Public Prosecutor told that he was agree with the committee about seriousness of the allegations and he would directly follow the event. He continued as the following; “Temporary Security Zone is not related with the Public Prosecutor’s Office but military authorities. I face serious obstacles while I am doing my job in the region. Most of the time, I cannot go to scenes, where I should go, because of security conditions. As a result; I cannot carry out an inquiry. Consequently, I have not finished many files that should have been finished”.
2. The District Governor Mr. Hakan Bilgin: When the committee went to the Administrative District House, their request of meeting was rejected by saying that the District Governor had another meeting about tender. Indeed, the committee had asked an appointment for meeting before they went there.
3. Governorship in Siirt Province: The committee members made a written application to ask an appointment from Governorship in Siirt province as well as other official authorities. In a phone conversation between IHD Headquarters and Governorship in Siirt; our colleague informed the officer in the governorship that “The committee went back to Siirt and wanted to meet with the Governor. The officer in the Governorship replied that the Governor Mr. Hüseyin Avni Mutlu was out of the city and Deputy Governor substituted but he had another meeting.”
DETERMINATIONS by the COMMITTEE
1. The committee intended to carry out inquiry at the scene but their entrance to the village was blocked by four village guards and a sergeant by showing the possibility of landmines in road. The committee was stopped after at a point, whose distance is an hour from Pervari district. However, as it is seen in the attached two photos, the point is a temporary one, which aims to block the committee’s entrance to the village. Because the point has been built, like a resting point, by piece of cloth rather than a permanent checkpoint.
POINTS THAT SHOULD BE CLARIFIED
1. Why Çemekare upland is being attempted to evict once again after there was an announcement of Temporary Security Zone by General Staff though Çemekara Upland Festival had been accepted, by Governorship in Siirt, in 2002 and since then villagers were allowed to go to the field in summers.
CONCLUSION and CONVICTION
Conviction
The Human Rights Committee, considering the all interviews, findings and observation-by the Committee-during the inquiry, thinks that there is an intention for forcibly evacuation of Çemekare field once again, deprivation of means of production and isolation from people. The committee has convinced that right to life, freedom of movement, prohibition on threat/ill treatment will be violated once again unless necessary judiciary and administrative precaution will be taken.
The committee has observed that there is a quite serious pressure and arbitrary implementations on villagers in the region. In addition, the committee argues; there is a perpetual risk for violation of right to life, prohibition on torture, right of property.
Conclusion
Compelling people to forcibly evacuation, blocking access to freedom of movement (which might cause violation of right to life as well), and essential goods are considered as torture, which is practiced during 24 hours or whole day and has serious effects. Investigation period should be completed without concealing proofs. The accused people should be judged and sentenced as it ought to be. In order to protect right to life, right to access essential goods of other villagers, who also subjected serious violations, and to provide an atmosphere in which people can deal with their livestock and agricultural tasks; an effective investigation should be conducted against all security forces (particularly who work in Gendarmerie Station of Pervari) and village guards. Also, responsible people should be removed from their positions.
Security force members’ ideological acting in events for citizens, violation of official authority, using excessive force, practicing torture or inhuman ill-treatment, violation of right of property should not be connived. There is/should not a preferential treatment in law. Power of law is valid for everyone. Judicial mechanism should make a conclusion, in an effective way, without delay. Bar associations, which have responsibility (because of being a law institution) for protection of human rights, should be followers of the judicial process that started in Çemekare field to get an effective conclusion in domestic law.
In order to reveal serious human rights violations, which have been occurred for last two months, and carry out judicial, administrative investigations against responsible people; the Human Rights Investigation Commission, which operates under the Turkish Grand Nation Assembly (TBMM), should conduct inquiry at the scene without any delay.
IHD and MAZLUMDER will be the followers such illegal provocative actions, human rights violations, which have become spread and systematic in Siirt and its neighbourhood and aim to harm social peace atmosphere, both in national and international arena.
General President of IHD: Lawyer, Reyhan Yalçındağ
Chairperson of IHD in Siirt and member of Administrative Board Committee: Vetha Aydın
Administrator of IHD branch in Diyarbakır: Raci Bilici