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Today's Zaman, Turkey
May 29 2008
AI: Fair trial concerns persist in Turkey
Amnesty International (AI) has voiced concerns in its latest report
regarding fair trial processes in Turkey as it documented a number of
freedom of expression, human rights and ill-treatment cases throughout
the country.
"This concerns elements of the judiciary's interpretation of laws in
an arbitrary and restrictive fashion, leading to fair trial concerns
in Turkey," said Andrew Gardner, Amnesty International's researcher on
Turkey, speaking to Today's Zaman from London.
"In the wake of increased political uncertainty and army
interventions, nationalist sentiment and violence increased. Freedom
of expression continued to be restricted. Allegations of torture and
other ill-treatment and the use of excessive force by law enforcement
officials persisted. Prosecutions for violations of human rights were
ineffective and insufficient, and fair trial concerns persisted,"
stated AI's Report 2008, released yesterday.
Following the developments in 2007 in regard to human rights
practices, the report said an atmosphere of intolerance prevailed
following the shooting of Turkish-Armenian journalist Hrant Dink last
year.
"The peaceful expression of opinion continued to be restricted in law
and practice. Lawyers, journalists, human rights defenders and others
were harassed, threatened, unjustly prosecuted and physically
attacked. An increased number of cases were brought under Article 301
of the Turkish Penal Code [TCK], which criminalizes 'denigration of
Turkishness' despite national and international opposition to the
article," the report stated, adding that previous to his murder Dink
was prosecuted under the article.
"While a police investigation into the murder resulted in a number of
suspects being brought to trial, the full culpability of the security
services was not examined," it stated.
Gardner said Article 301 was revised in 2008 and not in 2007, the year
which the report covers, but that Amnesty International supports its
abolishment.
"Amnesty International has long campaigned for the abolishment of
Article 301. It puts an unacceptable limitation on freedom of
expression. And we are still campaigning for its abolishment," he
said.
Another freedom of expression restriction Amnesty International
mentioned concerns Article 216 of the TCK, which criminalizes
"inciting enmity or hatred among the population." The report said it
was applied in an arbitrary and overly restrictive manner.
The report drew attention to insufficient impunity
measures. "Investigations into human rights violations perpetrated by
law enforcement officials remained flawed and there were insufficient
prosecutions."
Political uncertainty increases
"The inability of Parliament to elect a new president resulted in
early parliamentary elections in July. The government was re-elected
and in August Parliament elected Abdullah Gül as president. In
September the government appointed a commission to draft major
constitutional amendments. In November the Constitutional Court began
proceedings to ban the pro-Kurdish Democratic Society Party (DTP),"
the report also stated.
Gardner noted that Amnesty International monitors party closure cases
in Turkey closely, including the case against the ruling Justice and
Development Party (AK Party) filed on March 31 of this year.
When asked about religious freedoms and the headscarf ban, Gardner
said Amnesty International welcomed the lifting of the ban at
institutions of higher learning this year.
"If you look at our 2007 report [on Turkey], it clearly states the
right to wear a headscarf or not to should be granted, whether these
rights belong to a minority or the majority," he added.
The report also marked escalation in armed clashes between the Turkish
Armed Forces (TSK) and the outlawed Kurdistan Workers' Party (PKK),and
said it led to human rights abuses. "The military declared temporary
security zones in three districts bordering Iraq in June and a further
three districts in December," it said.
When it comes to defending human rights, Amnesty International noted
that rights defenders were prosecuted for their peaceful activities,
including Amnesty International's own members. "In January the bank
accounts of Amnesty International Turkey were frozen on the demand of
the Ä°stanbul Governor's Office on the grounds of alleged
'illegal fundraising' and in May an administrative fine was imposed on
the organization's chairperson for the same offence. Amnesty
International Turkey appealed, but both issues remained unresolved at
the end of the year."
The report also highlighted Nigerian asylum-seeker Festus Okey's case
under the subtitle of "killings in disputed circumstances." Okey had
died after being shot in police custody in Ä°stanbul. A crucial
piece of evidence, the shirt he wore on the day of the shooting, was
apparently lost by the police. A police officer was charged with
intentional killing.
"Fatal shootings by the security forces continued to be reported, with
failure to obey a warning to stop usually given as
justification. However, incidents often involved a disproportionate
use of force by security forces and some killings may have been
extrajudicial executions. In a number of instances, investigations
were compromised when evidence was lost by law enforcement officials,"
the Amnesty International report stated.
Regarding torture and other ill-treatment, Amnesty International said
these cases continued, "especially outside official places of
detention."
It also noted that "harsh and arbitrary punishments continued to be
reported in F-type prisons," and added: "Some prisoners were held in
solitary confinement and small-group isolation. Widespread protests
called for an end to the solitary confinement of outlawed PKK's leader
Abdullah Ã-calan, and for an investigation into his treatment."
The report also noted that the European Committee for the Prevention
of Torture (CPT) visited the prison island of İmralı
where Ã-calan remains imprisoned to examine the conditions of his
detention and his state of health but their findings had not been made
public yet.
Other concerns of Amnesty International regarded conscientious
objection to military service and its non-recognition. "No civilian
alternative was available," it said.
On refugees and asylum-seekers, the report said they continued to be
denied access to a fair and effective national asylum system: "The
Turkish authorities forcibly returned recognized refugees and
asylum-seekers to countries where they were at risk of serious human
rights violations, in violation of international law."
The report also highlighted violence against women. "Laws and
regulations to protect women victims of domestic violence were
inadequately implemented. The number of shelters remained far below
the amount stipulated under the 2004 Law on Municipalities, which
required a shelter in all settlements with a population of more than
50,000."
29 May 2008, Thursday
YONCA POYRAZ DOÄ?AN Ä°STANBUL
May 29 2008
AI: Fair trial concerns persist in Turkey
Amnesty International (AI) has voiced concerns in its latest report
regarding fair trial processes in Turkey as it documented a number of
freedom of expression, human rights and ill-treatment cases throughout
the country.
"This concerns elements of the judiciary's interpretation of laws in
an arbitrary and restrictive fashion, leading to fair trial concerns
in Turkey," said Andrew Gardner, Amnesty International's researcher on
Turkey, speaking to Today's Zaman from London.
"In the wake of increased political uncertainty and army
interventions, nationalist sentiment and violence increased. Freedom
of expression continued to be restricted. Allegations of torture and
other ill-treatment and the use of excessive force by law enforcement
officials persisted. Prosecutions for violations of human rights were
ineffective and insufficient, and fair trial concerns persisted,"
stated AI's Report 2008, released yesterday.
Following the developments in 2007 in regard to human rights
practices, the report said an atmosphere of intolerance prevailed
following the shooting of Turkish-Armenian journalist Hrant Dink last
year.
"The peaceful expression of opinion continued to be restricted in law
and practice. Lawyers, journalists, human rights defenders and others
were harassed, threatened, unjustly prosecuted and physically
attacked. An increased number of cases were brought under Article 301
of the Turkish Penal Code [TCK], which criminalizes 'denigration of
Turkishness' despite national and international opposition to the
article," the report stated, adding that previous to his murder Dink
was prosecuted under the article.
"While a police investigation into the murder resulted in a number of
suspects being brought to trial, the full culpability of the security
services was not examined," it stated.
Gardner said Article 301 was revised in 2008 and not in 2007, the year
which the report covers, but that Amnesty International supports its
abolishment.
"Amnesty International has long campaigned for the abolishment of
Article 301. It puts an unacceptable limitation on freedom of
expression. And we are still campaigning for its abolishment," he
said.
Another freedom of expression restriction Amnesty International
mentioned concerns Article 216 of the TCK, which criminalizes
"inciting enmity or hatred among the population." The report said it
was applied in an arbitrary and overly restrictive manner.
The report drew attention to insufficient impunity
measures. "Investigations into human rights violations perpetrated by
law enforcement officials remained flawed and there were insufficient
prosecutions."
Political uncertainty increases
"The inability of Parliament to elect a new president resulted in
early parliamentary elections in July. The government was re-elected
and in August Parliament elected Abdullah Gül as president. In
September the government appointed a commission to draft major
constitutional amendments. In November the Constitutional Court began
proceedings to ban the pro-Kurdish Democratic Society Party (DTP),"
the report also stated.
Gardner noted that Amnesty International monitors party closure cases
in Turkey closely, including the case against the ruling Justice and
Development Party (AK Party) filed on March 31 of this year.
When asked about religious freedoms and the headscarf ban, Gardner
said Amnesty International welcomed the lifting of the ban at
institutions of higher learning this year.
"If you look at our 2007 report [on Turkey], it clearly states the
right to wear a headscarf or not to should be granted, whether these
rights belong to a minority or the majority," he added.
The report also marked escalation in armed clashes between the Turkish
Armed Forces (TSK) and the outlawed Kurdistan Workers' Party (PKK),and
said it led to human rights abuses. "The military declared temporary
security zones in three districts bordering Iraq in June and a further
three districts in December," it said.
When it comes to defending human rights, Amnesty International noted
that rights defenders were prosecuted for their peaceful activities,
including Amnesty International's own members. "In January the bank
accounts of Amnesty International Turkey were frozen on the demand of
the Ä°stanbul Governor's Office on the grounds of alleged
'illegal fundraising' and in May an administrative fine was imposed on
the organization's chairperson for the same offence. Amnesty
International Turkey appealed, but both issues remained unresolved at
the end of the year."
The report also highlighted Nigerian asylum-seeker Festus Okey's case
under the subtitle of "killings in disputed circumstances." Okey had
died after being shot in police custody in Ä°stanbul. A crucial
piece of evidence, the shirt he wore on the day of the shooting, was
apparently lost by the police. A police officer was charged with
intentional killing.
"Fatal shootings by the security forces continued to be reported, with
failure to obey a warning to stop usually given as
justification. However, incidents often involved a disproportionate
use of force by security forces and some killings may have been
extrajudicial executions. In a number of instances, investigations
were compromised when evidence was lost by law enforcement officials,"
the Amnesty International report stated.
Regarding torture and other ill-treatment, Amnesty International said
these cases continued, "especially outside official places of
detention."
It also noted that "harsh and arbitrary punishments continued to be
reported in F-type prisons," and added: "Some prisoners were held in
solitary confinement and small-group isolation. Widespread protests
called for an end to the solitary confinement of outlawed PKK's leader
Abdullah Ã-calan, and for an investigation into his treatment."
The report also noted that the European Committee for the Prevention
of Torture (CPT) visited the prison island of İmralı
where Ã-calan remains imprisoned to examine the conditions of his
detention and his state of health but their findings had not been made
public yet.
Other concerns of Amnesty International regarded conscientious
objection to military service and its non-recognition. "No civilian
alternative was available," it said.
On refugees and asylum-seekers, the report said they continued to be
denied access to a fair and effective national asylum system: "The
Turkish authorities forcibly returned recognized refugees and
asylum-seekers to countries where they were at risk of serious human
rights violations, in violation of international law."
The report also highlighted violence against women. "Laws and
regulations to protect women victims of domestic violence were
inadequately implemented. The number of shelters remained far below
the amount stipulated under the 2004 Law on Municipalities, which
required a shelter in all settlements with a population of more than
50,000."
29 May 2008, Thursday
YONCA POYRAZ DOÄ?AN Ä°STANBUL