Dear Mr. Arinç, We would like to thank that you have welcome the delegation of Human Rights Association, as you did last year.
Dear Mr. Chairman, We visited you in last year on 2th December of 2002, and submitted a petition concerning our opinions and suggestion. The petition was briefly included following views and suggestions;
Turkish constitutional and legal system is contrary to democratic standards
Legislative protection is the basis of human rights protection; and within this frame the judicial is not independent because of its structure; we emphasized, it cannot be accepted that a civilian’s case is herd by a military and the judiciary system includes the State Security Courts. We expressed that 5th government did not implement the National Program’s principles regarding the superiority of law, with the exception of the Law on Lawyers.
We criticized concerning the freedom of belief and religion that directorate of the religion affairs is a constitutional body; courses on religion is compulsory in the public schools; Alawi civilians are discriminated by the system, the headscarf question we describe as a question regarding freedom of individual is not solved.
We pointed out bans on other languages and dialects’ using and we criticized that in spite of some law amendments these are not implemented. And we pointed out the bans on using other languages under the law on election and political parties, in same petition.
We criticized unclear projects and obstacles concerning to internal displaced villagers returns in Southern east and East Anatolia. We asked government to destruct mined areas and abolish the village guard system.
We demanded the freedom of expression is to be protected. We pointed out adequate measurements are not taken to prevent torture, noting the existing death fasts and hunger strikes in F type prisons we demanded the isolation is to be ended.
Finally, we expressed that we were against to the USA attacks on Iraq and we demanded that Turkey should make an effort to prevent the war and Turkey should not take a part in the war.
Dear Mr. Arınç
Recent one year, in the Turkish Grand National Assemble approved the 4th harmonization package on 2nd January 2003, 5th harmonization package on 23rd January 2003, 6th harmonization package on 15th July 2003 and in harmonization package on 30 July 2003. Although the boarders of democracy have enlarged because of approved laws, we cannot say that Turkish constitutional and legal system is democratic as a whole. Additionally, some serious problems regarding to implementation of the amended have been experienced. Also existing Government have not be carried out needed constitutional and legal amendments in order to reconstruct judiciary according to the principle of impartiality and independency. We criticized this attitude last year. Definite project for internal displaced villagers’ return has not been prepared. Land mines have still caused deaths. The village guards system has not been abolished. Torture is still practiced as a systematic and routine way. There are still problems in the prisons. Lawyers and relatives of Abdullah Ocalan have not been allowed to visit him for last three months. Isolation In imrail Prison nor in other prisons has not been abolished. We have demanded that the questions, matters should be solved by considering human rights law. All people have the rights to live in conditions that are complying with human honor irrespective of that he/she is in prison.
Dear Mr. Chairman.
In the petition we submitted last year, we informed you 437 trials were launched against the human rights association in last two years. Today, namely trials launched in 2003, this number is more than 500 and this is one of the matters that the EU progress reports include. Obstacles over the activities of the HRA have transformed to judicial harassment. On 6 May when we participated in a meeting that was organized by the EU General Secretariat and we were invited by The Minister of Foreign Affairs, Mr. Abdullah Gul, Headquarters and Ankara Branch office of the Human Rights Association were raided and documents were confiscated. Chairman of the Bingol Branch Office was threaten, Chairperson of Mugla Branch was detained. Additionally, a prosecution was launched to be dismissed of Executive Board of Human Rights Foundation of Turkey. Chairman of the Mazlumder Malatya Branch were detained in prison. On this year’s 10th of December, in the Human Rights Day, we sent our posters, including “peace will win”, “all equal, all different” in Turkish and Kurdish to our 33 branches and these poster were hung in various cities. Because Van Security Directorate had transferred those posters to Van Public Prosecutors Office and the prosecutor decided to confiscate them, all posters were seized by Peace Court’s judge. Under the decision, posters in both headquarters and branches were confiscated. In spite of amendments on articles 5, 6 and 44 of the Law on Association facing these situations and treatments is very distressing.
Dear Mr. Chairman.
More law should be issued in the area of democratization. And issued laws should be implemented. As known, last two articles of the laws are related with the implementation of them. Issued laws shall be carried out by the executive bodies. The executive body is responsible and authorized for this duty. At this point executive body should supervise the relevant bureaucracy and avoid the procedures and activities which might cause overcome of legislative body’s will. When we evaluate Turkey’s situation, we face with the fact that issued amendments on the implementation of the laws are restricted and these restrictions have not been foreseen. For example, implementation of article 16 of law on population, only given by courses other languages training and new regulations on broadcasting in other languages. Although according to the Constitution fundamental rights and freedoms can only be restricted under relevant law. Also, it cannot be acceptable that restrictions are made by normative amendments. We consider that these applications are infringement.
Dear Chairman.
At the 55th anniversary of the universal declaration, protection and improvement of human rights is still one of the essential matters in Turkey and the world. We believe that freer world and freer Turkey is possible. Just arrangement of the legislation which depends on human rights and freedom shall be the basis of more peaceful Turkey and World. Theme of the human rights association’s activities in this year has been the peace. In order to establish peace both in our country and the world, the principles of equality, freedom and fellowship should be implemented. It is not possible to establish, protect and improve the peace in a world that is characterized by economic, politic, social and political inequalities. There are millions of people who suffer hunger, poverty, whose right to enjoy the education, health and judiciary services are restricted in the world. The principle of social justice could not be implemented and inequality of distribution of income between the social classes and ranks has reached higher level in Turkey. Turkey needs a new constitutional and legal system which respects all differences in the sections of the Turkish society such as language, ethnic origin, and beliefs. In spite of the fact that the universal declaration was decelerated 55 years ago and we ratified European Convention on Human Rights 49 years ago, if we cannot reach a democratic system yet; and there still problems about having and enjoyment of rights and freedoms, our basic problem is human rights and democracy.
As indicated in the investigation report of the Turkish Grand National Assemble, if 3688 villages and areas were evicted in East and southern east, the problem shall be evaluated in the term of that “these villages and areas are in the geography where our people live; we should make good the injuries of our people”. In the area of cultural matters, firstly we should solve our people’s problems. Our awareness about the problems should not be foreseen by the EU. We shall establish and develop our own internal peace within democratic and peaceful relationship with our own people. Because of this the Projects should be prepared by the support of the society, and it should be carried out with the assistance of the society. The state should show its democratic and peaceful face to its citizens.
Citizens- will to be assisted should be responded. Vexations, disappointments should be overcome.
Dear Mr. Arınç
We would like to express our respect and best wishes in 55th anniversary of the universal declaration.
On Behalf of the HRAs Executive Committee
Hüsnü Öndül
Presindent