We are here to release “The Report on the Human Rights Violation in the Eastern and South-eastern Anatolia Regions during the first 3 months of 2017” by the Human Rights Association
The referendum on 18-article package of constitutional amendment has ended amid disputes over infraction of election rules. Throughout the referendum, especially during campaigns, public resources were used unequally, and drawbacks caused by the state of emergency had a direct impact on the results, which brought the validity and reliability of the elections into disrepute. As mentioned in our report, during the campaigns, NO-Sayers were prevented from using their right to demonstrate and freedom of speech, and were detained and arrested unjustly. On the elections day, the supreme electoral council decided that unstamped ballots and envelopes would be accepted original unless proved that they were brought in from outside. This verdict violates basic electoral regulations and laws. Moreover, formal objection to the council was dismissed by a large majority and people were not given a clear explanation. People doubted that the electoral security was not ensured and the council behaved partially, which made the election results controversial.
As mentioned before, we see it inevitable and urgent to have a civil, democratic and pluralistic constitution. Within this period when politicians ought to lead the society positively, it is a necessity to create a social agreement on important issues such as constitutional amendments and restructuring process. For that reason, the public and NGOs need to take part in discussions and decision-making processes.
In the ongoing process, armed conflict and violence continues without slowing down. Hence, human rights violations take place in every aspect of life systematically and commonly. Since the clashes started in July, 2015, that is, for about 2 years, thousands of people have lost their lives. Persistence in practices apart from dialogue leaves an irreparable death toll behind. We call for a democratic method to be maintained as right to life is sacred under all circumstances. Instead of militaristic practices, de-escalation and peace ought to be sustained by using political and civil methods. That is because as a society, at all times but especially at present we need PEACE.
As is known, Turkey has been governed under the state of emergency for over 9 months. Right after the referendum, it was extended for another 3 months. As an authoritarian style of government, the state of emergency has caused many violations ever since it was declared. By means of decree-laws, there happened to be unjust treatment in terms of freedom of speech, freedom of the press, economical and social rights, personal security and freedom. Therefore, the state of emergency, which leads to the restrictions in numerous freedoms and rights, ought to be ended immediately and all the unjust suffering caused by it should be relieved as soon as possible.
In our region, during the first 3 months of 2017, violations have increased related to the general state of Turkey. There have been violations in various categories such as extra-judicial executions, bans on the right to assembly and demonstrate, losses in freedom of expression and freedom of press, violence against women and children, and losses in economic and social rights.
In a little while, we will be sharing with you the statistical data on violations. As will be seen below, a prominent issue is the violations in prisons including limitations of rights and ill treatment. Along with the state of emergency, there were violations in prisons such as banishment, violation of right to health, torture and ill-treatment, disciplinary proceedings, solitary confinement, limitation of communication and family visits. Prisoners have stated, via letter or family members visiting our offices, that they were exposed to naked strip search during transportation and physical torture, being forced to stand during inspections, solitary cells, medical treatment while handcuffed or no medical treatment in infirmary or hospitals, being pursued by cameras, being forced to wear name tags, which means exposure of identity, and being threatened by prison wardens. We would like to state that during this period there were extensive complaints about the violations against right to health. According to data confirmed by our association, there were 905 ill inmates (323 seriously) as if they were left for dead.
During this period, another prominent violation is unjust detentions and arrests. Over the first three months, the number of detained and arrested people in our region has increased remarkably. Especially, we would like to emphasize that it is a clear violation of personal security and freedom to detain and arrest people over membership of illegal organisation, helping illegal organisations, propaganda in favour of illegal organizations just using their social media posts as evidence. This cannot be dissociated from the conflict-based government policies but can be considered as a political operation.
It can be understood clearly that there has been an increase in torture and ill-treatment in and outside detention centres. We would like to remind that physical and/or psychological torture is unacceptable and absolutely forbidden according to the Constitution and the international agreements signed by Turkey. These non-humane practices must be stopped immediately; whoever employed these methods must be discharged from their positions and taken to court.
Another example for violations during the state of emergency is the declaration of curfews and special security zones. Hundreds of areas covering rural settlements were declared security zones on the grounds of military operations and curfews were imposed a lot of times. Residents of rural areas could not maintain their routines and experienced unjust suffering.
The freedom of demonstration and speech was restricted by provincial governors or district governors. Open-air meetings, demonstrations, rallies, and other events are banned for ‘security reasons”. These restrictions, which extended over the referendum, grew apace and brought about violations. We would like to remind that there are 11 MPs in prison including the HDP’s former co-chair. These MPs are being sued unjustly over tens of years just because of the speeches they made.
There is a serious oppression against the media; and 158 journalists/press employees are in prison at the moment and over 200 people are being tried in court. Journalists are impeached for being ‘terrorists’ by the members of the Government and they are prevented from making news. Through suppression such as detention, arrest and closing down media outlets, thousands of journalists lost their jobs.
By emergency decrees, most of the social groups were exposed to violations of rights. Public officers and academicians were discharged from work without the ruling of the court despite the lack of evidence. They were accused illegally of ‘supporting terrorist activities’ and subsequently were suspended or dismissed from their positions. When they tried to seek justice, they met with legal/bureaucratic obstacles.
In a period of controversial results of the referendum, the mayors and council members from the DBP (Democratic Regions Party) were removed from office, arrested and replaced with government trustees. 86 municipalities are being ruled by trustees. We would like to state that this is a forced intervention of the Government (which emphasizes the importance of public will at every turn) in public will, which is absolutely illegal and anti-democratic.
Unfortunately, violence against women continued increasingly in the first 3 months of 2017. Violence against women is political whether it is domestic, non-domestic or in detention. This problem can be solved only when strong social policies with sufficient precautions and advocating gender equality are developed and male-dominated mentality is fought back efficiently.
We see children the future of our society, but violation of rights that children face increasingly continues. We witness children losing their lives as a result of violence and unclaimed bombs in conflict zones. While our report raises the alarm for rising number of sexual abuse towards children, it is seen that the preventive regulations are insufficient and international conventions are disregarded.
We demand, on this basis, that state of emergency be lifted; armed conflict be ended in no time, and permanent de-escalation and peace talks be maintained afterwards. We wish an honourable life for all persons under all circumstances, without discrimination in terms of language, faith, ethnicity, nationality, gender and culture, and we want to emphasize right to live is unquestionable
HUMAN RIGHTS ASSOCIATION
DIYARBAKIR BRANCH