During the clashes between PKK militants and security forces on 05.08.2017, one police officer was killed and another got wounded. Following the clashes, 36 residents aged 17-30 of a village nearby called Altınsu (Şapatan) were detained; 15 of them were released on 06.08.2017. The released ones had marks of torture over their bodies and beating as displayed in the news and social media. The 21 detainees’ families accessed no information; security officials abstained from informing them. None o the detainees were exposed to proper legal proceedings on 06.08.2017. A of 08.08.2017, the 21 detainees were released. Those 36 residents were obviously tortured and beaten as reflected in the press. all these have shown there was not legal detention but arbitrary treatment.
As is known, Turkish Constitution Article 17, European Convention on Human Rights article 3, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment absolutely prohibits torture. The Constitution’s 17th article and international conventions imposed negative obligation on Turkish Republic in terms of torture, and inhumane and degrading treatment.
The Government is absolutely obliged to maintain effective judiciary investigations and find out the perpetrators. As of the mentioned incident, the society and associations concerned with justice are deeply worried about the practices and statements of authorities. Şemdinli Prosecutor’s Office has not taken any action. As learned from the press statement on 08.08.2017, by the Hakkari Governorate, 10 residents filed a lawsuit of torture. It is the major responsibility of Hakkari Governorate and the Prosecutor’s Office to thoroughly maintain judicial and administrative processes in order to find and punish the perpetrators. However, within the press statement by the Governorate, it says “the allegations that our security forces tortured the villagers are completely untrue, and they aim to advocate terror propaganda”, which means the Governorate judges too quickly without any investigation. This is unacceptable of a Government, charged with investigating these claims, to make such a statement. That kind of a statement means labelling the citizens seeking justice as criminals, and this approach is a major obstacle against the right to legal remedies.
The Government has aimed to struggle against torture, along with a slogan ‘Zero Tolerance of Torture’. At present, there are officials and authorities that have been supporting torture. If they are not tried and punished, it will be politically and ethically unexplainable.
Even if the state of emergency laws were obeyed strictly, there would not be any practices violating the Convention against torture. Nevertheless, there are de facto conditions, and even the rules within a state of emergency are being disregarded. There are strict rules saying that these rights and freedoms cannot be restricted.
Political polarization and coalitions do not justify the worsening of the rule of law, and security precautions do not mean a state could disregard its obligations related to human rights. ECHR has passed many verdicts that acknowledge similar practices as grave violation of human rights, pointing out that torture is completely unacceptable for within a democratic society.
Turkey is heading towards a worrying destination in terms of justice, similar to its political situation.
We strongly condemn the arbitrary practices, which have taken place in Şemdinli and other places. We call on independent individuals and rights groups to raise their voice and work collectively in order to prevent these violations from being the official government policy. We would like to assure the public of that we will be fighting against those violations.
Diyarbakır Bar Association
Diyarbakır Medical Chambers
Human Rights Association, Diyarbakır Branch-İHD
Human Rights Foundation of Turkey-Diyarbakir Office- TİHV
Human Rights Initiative