HomeExpertsWhen one can be everything for Turkey ills (2)

When one can be everything for Turkey ills (2)

According to the 2020 State Department Human Rights Report on Turkey, there were credible allegations that the government contributed to civilian deaths in connection with its fight against Kurdistan Workers’ Party (PKK) organization in the southeast.

The International Crisis Group was quoted as reporting that from January 1 to December 10, a total of 35 civilians, 41 security force members, and 235 PKK militants were killed in eastern and south-eastern provinces. Human rights groups stated the government took insufficient measures to protect civilian lives.

The human rights groups documented several suspicious deaths of detainees in official custody, although reported numbers varied among organizations. In November the Human Rights Foundation of Turkey (HRFT) reported 49 deaths in prison related to illness, violence, or other causes. Of these 15 were allegedly due to suicide.

 In August a 44-year-old man convicted of having ties to the Gulen movement died in a quarantine cell in Gumushane Prison after displaying COVID-19 symptoms. Press reports alleged the prisoner had requested medical treatment multiple times, but the prison failed to provide it.

Domestic and international human rights groups reported disappearances during the year that they alleged were politically motivated. In February the Ankara Bar Association filed a complaint with the Ankara prosecutor on behalf of seven men reportedly “disappeared” by the government, who surfaced in police custody in 2019.

One of the men, Gokhan Turkmen, a civil servant dismissed under state of emergency powers following the 2016 coup attempt, alleged in a pretrial hearing that intelligence officials visited him in prison, threatened him and his family, and urged him to retract his allegations that he was abducted and tortured while in custody.

In April the Ankara prosecutor declined to investigate Turkmen’s complaints. Six of the seven men were in pretrial detention on terrorism charges at year’s end. The whereabouts of the seventh were unknown.

Contrary to the constitution and law prohibition of torture and other cruel, inhuman, or degrading treatment, domestic and international rights groups reported that some police officers, prison authorities, and military and intelligence units employed these practices. Individuals with alleged affiliation with the PKK or the Gulen movement were more likely to be subjected to mistreatment or abuse. Human Rights Watch World Report 2020 confirmed this.

Some doctors would not sign their names to medical reports alleging torture due to fear of reprisal. As a result victims were often unable to get medical documentation that would help prove their claims. According to a statement by Minister of Justice Gul, 48,752 persons were in pretrial detention in the country as of July.

Detainees occasionally had difficulty gaining immediate access to lawyers, both because government decrees restricted lawyers’ access to detainees and prisons–especially for those attorneys not appointed by the state–and because many lawyers were reluctant to defend individuals the government accused of ties to the 2016 coup attempt.

Human rights organizations reported the 24-hour attorney access restriction was arbitrarily applied and that in terrorism-related cases, authorities often did not inform defense attorneys of the details of detentions within the first 24 hours, as stipulated by law. In such cases rights organizations and lawyers groups reported attorneys’ access to the case files for their clients was limited for weeks or months pending preparations of indictments, hampering their ability to defend their clients.

Freedom House in its 2020 Freedom in the World report stated: “In many cases, lawyers defending those accused of terrorism offenses were arrested themselves.” Since 2016 authorities prosecuted more than 1,500 lawyers, arrested 605, and sentenced 441 to lengthy prison terms on terrorism-related charges. Of the arrested lawyers, 14 were presidents of provincial bar associations.  

In September the HDP released a statement detailing allegations that police kidnapped, physically assaulted, and later released six HDP youth assembly members in separate incidents in Diyarbakir, Istanbul, and Agri province. The HDP also stated that on May 4 police abducted HDP assembly member Hatice Busra Kuyun in Van province, forced her into a car, and threatened her. Police released Kuyun on the same day.

The judiciary faced a number of problems that limited judicial independence. Following the 2016 coup attempt, the government suspended, detained, or fired nearly one-third of the judiciary accused of affiliation with the Gulen movement. The government in the intervening years filled the vacancies, but the judiciary continued to experience the effects of the purges. Analysis of Ministry of Justice data showed that at least 45 percent of the country’s prosecutors and judges have three years of legal professional experience or less.

The number of political prisoners remained a subject of debate at year’s end. In July the Ministry of Interior reported the government had detained 282,790 persons in connection with the coup attempt since 2016. Of those, 25,912 were in prison awaiting trial. NGOs estimated there were 50,000 individuals in prison for terror-related crimes. Some observers considered some of these individuals political prisoners, a charge the government disputed.

At year’s end eight former HDP parliamentarians and 17 HDP comayors were in detention following arrest. According to the HDP, since July 2015 at least 5,000 HDP lawmakers, executives, and party members were in prison for a variety of charges related to terrorism and political speech. The government had suspended from office using national security grounds 48 locally elected opposition politicians in Kurdish-majority areas, and subsequently arrested 37.  The government suspended an additional 16 mayors during the year and suspended   the majority of mayors for ongoing investigations into their alleged support for PKK terrorism, largely dating to before their respective elections.

The government engaged in a worldwide effort to apprehend suspected members of the Gulen movement. There were credible reports that the government exerted bilateral pressure on other countries to take adverse action against specific individuals, at times without due process.

According to a report by several UN special rapporteurs in May, the government reportedly coordinated with other states to transfer more forcibly than 100 Turkish nationals to Turkey since the 2016 coup attempt, of which 40 individuals were subjected to enforced disappearance. In January, Albania deported Turkish citizen Harun Celik, a teacher at a school associated with the Gulen movement, to Turkey after arresting him for traveling on false documents in 2019. Celik’s lawyer reported Celik requested asylum while detained in Albania and that Albania repatriated him to Turkey without giving him an opportunity to appeal the decision.

In multiple parts of the southeast, many citizens continued efforts to appeal the government’s 2016 expropriations of properties to reconstruct areas damaged in government-PKK fighting (see section 1.g, Other Conflict-related Abuse).

According to the Savings Deposit Insurance Fund of Turkey, as of July the government had seized 796 businesses worth an estimated 61.2 billion lira ($7.85 billion) since the 2016 coup attempt. A March NGO report estimated that $32.2 billion in businesses and business assets, including from media outlets, schools, universities, hospitals, banks, private companies, and other holdings were confiscated since the 2016 coup attempt in breach of domestic regulations.

In May press reported the discovery of plastic boxes containing the remains of 261 bodies of PKK terrorists from the Kurdish-dominated southeastern province of Bitlis; the boxes were buried under the sidewalks in Istanbul’s Kilyos Cemetery. Authorities reportedly removed the bodies from a cemetery in Bitlis during a construction project in 2017 and moved them without the knowledge of families of the buried.

In June in response to a parliamentary question submitted six months earlier by an HDP MP, Vice President Fuat Oktay stated, the government shut down a total of 119 media outlets under state of emergency decrees following the 2016 failed coup attempt, including a total of 53 newspapers, 20 magazines, 16 television channels, 24 radio stations, and six news agencies. Independent reports estimated the government has closed more than 200 media companies since 2016.  Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.

Government prosecution of journalists limited media freedom throughout the year attracting prison terms of between three and seven years. On November 10, the ECHR found that Turkey violated the freedom of expression rights of eight of the journalists and ordered them to be compensated 16,000 euro ($19,200) each.  In August an Istanbul court banned access to reporting by major newspapers and broadcast networks that a large tender was awarded to a friend of the president’s son.  

That rounds up the facts, in two installments, the importance of building global awareness of the human rights abuses in Turkey with the view of finding a cure to the ills.  And as, AST argues: “If one thing changes, (for the better) everything can change” and Turkey would be back on the right track. There is return on democracy.

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FELIX KAIZA
FELIX KAIZA
Felix Kaiza is a Tanzanian journalist with more than 50 years of experience currently working as an independent media consultant. Learned in agriculture, journalism, political science and international relations, his main fields of consultancy, besides the media, are good governance, nature conservation, tourism and investment. He was the first Tanzanian Chief Sub-Editor of an English daily newspaper in 1970, he has been behind the establishment and growth of the national independent media since the early 1990s. He is UNFAO Fellow Journalist since 1975 and has wide experience on regional integration. He worked on the Information Directorate of the original East African Community on whose ashes survive the current one. His ambition is to brand Tanzania in the inbound market with made-in-Tanzania brands, including information, almost all of which is currently foreign brewed.
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