In the year 1984, United Nations accepted “the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” and the convention became valid on 26 June 1987 after adequate number of states signed it. 10 years later, in 1997 UN General Assembly underlined the importance of the convention for our civilization and declared 26 June as International Day in Support of Victims of Torture. The convention absolutely prohibits torture. States have acknowledged that the prohibition of torture is an absolute and universal demand, and there is no condition under which torture is legal. Turkey ratified the convention in 1988 and prohibited torture both within its constitution and penal code. Prohibition of torture is stated in national/international conventions, declarations and agreements . Despite all these, torture has still been used as an inhumane means of punishment and oppression by many states. Recently, there has been an increase in the prevalence of torture not only in authoritarian regimes and dictatorships but also in developed democracies.
The current government has been trying new ways and methods in order to normalise violence and make it accepted by the public. In this respect, we can say torture is not imposed on individuals only, but used as a means of threat upon their families and the whole society. Thus, on the 20th anniversary, The International Day In Support of Victims of Torture has become more meaningful and important.
Both in our country and all over the world there is a crisis coming out as abnormalities declared as an economic, cultural, religious or ethnic etc. “war”. This is actually a humanitarian crisis.” The authoritarian period in Turkey, which was put into practice after the declaration of the state of emergency on 20 July 2016, has turned into a time when non-derogable rights are abused blatantly. Although the SOE was declared with the purpose of fighting against the supporters of the attempted coup, it has become a means of oppression upon the entire society as if the people were deprived of ‘right to have rights’. Within this period, public servants started resisting for their rights; the human rights monument was ‘closed’ or in other words, ‘roped off’ by the police; high school students marched against the education system; some citizens were forced to naked strip search outdoors in Muğla Province; villagers of Şapatan and shepherds of Binahare village (Şemdinli) were tortured; Ayşe, a female teacher, was imprisoned together with her baby only for saying ‘Let children live’.
The incidents of torture and ill treatment have increased since the start of clashes in 2015 in the Eastern and South-eastern Anatolia Regions and on account of the state of emergency. In official/unofficial detention centres, in the streets, and everywhere possible torture has become widespread. Also, Kurdish settlements have turned into a kind of open air torture scene since curfews were imposed firstly in August 2015. Solitary confinement still continues in prisons. Unfortunately, the extent of torture against prisoners has risen to an extra-ordinary level. Within the state of emergency period, there has been beating, arbitrary treatment of all kinds, disciplinary proceedings, solitary confinement, banishment and compulsory transfer, single or small group isolation, tailor made treatment against women and LGBTI+ persons, limitations of medical service, transfers of prisons while handcuffed, and etc. Also, with the decree no 696 issued on 24 December 2017, the convicts that are imprisoned in accordance with Anti-Terror Law are being forced to wear prison uniforms. The imposition of prison uniforms is solely an unfavourable practice. It has been alarming news that Enforced disappearance, which is a black hole within our recent past and actually of our entire civilization, has been recurring. Unfortunately, there are allegations of enforced disappearances.
In 2017 616 persons submitted complaints to the Human Rights Foundation of Turkey (the figure was 487 in 2016). 40 of them were acquaintances of the victims and 12 applicants were tortured outside Turkish borders. The remaining 564 people were subjected to torture or other types of ill treatment in single or multiple places. 272 (48%) of them in police headquarters, 55 people (10%) in police stations, 170 (30) were also tortured inside police or military vehicles. 226 (40%) of the complainants were tortured or treated violently during open air demonstrations and 70 (12%) were exposed to torture and ill treatment at their homes or workplaces. These figures show the severity of torture taking place in unofficial detention settings. According to maps of curfews, valid from 16 August 2015 to 1 June 2018, published by HRFT, curfews were declared in 11 cities and at least 49 districts for at least 314 times either all day long or indefinitely. It is predicted that almost 1.809.000 people were affected by the curfews.
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Based on Human Rights Association of Turkey’s (IHD) data and research, it is identified that in 2017, 5268 people including 133 children were tortured in custody, outside custody, by rangers, during demonstrations, by security forces. Journalists, students, politicians are arrested during the state of emergency and occupancy rate of prisons increased. According to Ministry of Justice data, number of arrested and convicted people in 2005 was 55.870. As of December 2017, the number is 232.179. 467.673 people being on probation as of April 2018 also shows us the general atmosphere of the country. According to latest IHD data, as of March 2018 there are 1154 ill prisoners including 401 prisoners who are extremely ill. The problem of ill prisoners is still to be solved.
Also based on IHD data revealed on 30 May 2017, 11 forced disappearances occurred, mostly in Ankara. Four of these people were later released, one of whom committed suicide. One more forced disappearance case occurred in 2018. We still don’t know the whereabouts of these eight people. All of these cases were reported to United Nations working group on forced disappearances. In addition, many people in Ankara and around the region were abducted and threatened, also tortured.This downright, reckless execution of torture, defending it, encouraging it, not only destroys the superiority of law but also indicates that authorities are willing to discipline the public with violence and create a community of fear.
Decrees with the force of law declared during the state of emergency brought serious limitations on people’s rights and liberty . It also overthrew the right to live. An atmosphere was created to tolerate torture and perpetrators were both encouraged and protected. Starting with the state of emergency, decrees with the force of law, sustained the judiciary base of this. Many state of emergency decrees, especially number 667 and 668, guaranteed impunity with withdrawing binding legal obligations of government officials. The violence monopoly of the state protected by impunity has been shared with individuals as well and created a partnership in crime. These applications encouraged armed forces, paramilitary and military forces and even civilians. According to Ministry of Justice data, 42 lawsuits were filed for torture n 2019 whereas 340 lawsuits were filed for persecution which requires a smaller punishment. In exchange, 26.195 contra lawsuits were filed for “resisting police officers”. These figures show that counter law suits are systematically used as an intimidation method to suppress/discourage torture survivors from filing complaints against perpetrators. All these data show that impunity is the biggest obstacle when fighting against torture.
ECHR’s decision to reject the case of Roboski massacre on 17 May 2018 also presents an unforgettable turning point indicating the state of impunity even at international mechanism levels. Although the right to reparation is a fundamental part of the right to live and prohibition of torture, decisions like “the physical damage is due to persons own defect” or “law enforcement is without a guilt as public is not responsible for the incident” result in the elimination of the right to reparation and these tend to become regular court cases.
Procedural security had an important role in preventing torture but it has been neglected for many years. It became further destructed with recent negative regulations regarding torture legislation and approaches of ruling political power.
Turkish Human Right and Equality Institution was established with the law dated 20 April 2016. The institution was expected to be impartial and independent. It is the most recent example of eviscerated national human rights institutions which are certainly not in compliance with Paris Principles and OPCAT principles. This institution did not have any meaningful activity during such a period that contains various right violations, starting with torture. ‘Instructions on Human Rights and Equality Speciality’ was published on 11 November 2017 and Regulations on the Application of Turkish Human Rights and Equality Institution Law was published on 24 November 2017. Both documents were not in compliance with Paris Principles and OPCAT principles.
As a result, we as the organizations that signed this declaration, without losing our hope and ambition for a future without torture, would like to share once again on International Day in Support of Victims of Torture;
The state of emergency, applied with arbitrary decrees far away from all kinds of inspection, creating a convenience for a torture atmosphere, must be lifted immediately.
Urgent and effective legal and constitutional adjustments to prevent and prohibit torture must be immediately implemented and precautions must be taken to make prohibition against torture visible.
Public effort to prevent torture is more important than ever considering the systematic teaching of torture to armed forces, the mentality that normalizes torture, and the risk of legal adjustments that support this normalization.
We, as human rights defenders, will continue to expose all pressure, torture and all kinds of violence against humanity. We will continue to document it, continue our fight with all our strength to prevent torture, continue to be in solidarity with everyone tortured.
We would like to declare once again our call to everyone who has been subjected to torture or ill-treatment as well as their relatives. We would like to remind that HRFT coordinates treatment and rehabilitation, conduct research on unseen effects of torture, help with forensic-medical reporting, and provide legal support.
Dignity of Humanity Will Prevail Over Torture!
Diyarbakır Bar Association
Diyarbakır Medical Chambers
Human Rights Association, Diyarbakır Branch-İHD
Human Rights Foundation of Turkey-Diyarbakir Office- TİHV
Human Rights Initiative