Human Rights Watch Accuses Turkey of Arbitrarily Using Terrorism Laws

ISTANBUL, Turkey (A.W.)—On. Nov. 1, Human Rights Watch (HRW) released a report on Turkey based on a review of 50 cases. The report describes 26 cases of individuals prosecuted for terrorism simply for taking part in protests deemed by the government to be sympathetic to the outlawed armed Kurdistan Workers’ Party (PKK). Hundreds of Kurdish demonstrators are currently in prison pending the outcome of their trials or appeals against convictions. Others are serving long sentences that have been upheld by Turkey’s top court of appeal.

The report calls on the Turkish authorities to amend the laws that have resulted in the arbitrary and punitive application of terrorism charges against demonstrators, to suspend ongoing prosecutions against demonstrators under these laws, and to review the cases of those already convicted.

Below is the press release issued by HRW. Download the full report by clicking here.

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Human Rights Watch unequivocally condemns the October 31, 2010 suicide bomb attack in Istanbul. It is essential that Turkey’s response targets the perpetrators, not legitimate dissenters, Human Rights Watch said. A Human Rights Watch report released today documents the use of anti-terror laws to prosecute hundreds of Kurdish demonstrators as though they were armed militants, violating free expression, association, and assembly.

The 75-page report, “Protesting as a Terrorist Offense: The Arbitrary Use of Terrorism Laws to Prosecute and Incarcerate Demonstrators in Turkey,” is based on a review of 50 cases. It describes 26 cases of individuals prosecuted for terrorism even though they had nothing to do with violence such as the October 31 attack, but simply for taking part in protests deemed by the government to be sympathetic to the outlawed armed Kurdistan Workers’ Party (PKK). Hundreds of Kurdish demonstrators are currently in prison pending the outcome of their trials or appeals against convictions. Others are serving long sentences that have been upheld by Turkey’s top court of appeal.

“When it comes to the Kurdish question, the courts in Turkey are all too quick to label political opposition as terrorism,” said Emma Sinclair-Webb, Turkey researcher at Human Rights Watch and author of the report. “When you close off the space for free speech and association, it has the counterproductive effect of making armed opposition more attractive.”

Over the past three years, courts have relied on broadly drafted terrorism laws introduced as provisions of the 2005 Turkish Penal Code, plus case law, to prosecute demonstrators. The courts have ruled that merely being present at a demonstration that the PKK encouraged people to attend amounts to acting under PKK orders. Demonstrators have been punished severely for acts of terrorism even if their offense was making a victory sign, clapping, shouting a PKK slogan, throwing a stone, or burning a tire.

The report calls on the Turkish authorities to amend the laws that have resulted in the arbitrary and punitive application of terrorism charges against demonstrators, to suspend ongoing prosecutions against demonstrators under these laws, and to review the cases of those already convicted.

Following domestic and international criticism over the prosecution on terrorism charges of children who attended Kurdish demonstrations, parliament amended the laws in July to quash such convictions and prevent the prosecution of children in courts that specialize in terrorism cases.

But the laws otherwise remain unchanged, including article 220/6 of the Turkish Penal Code, prohibiting offenses committed on behalf of the PKK, which is used to prosecute demonstrators in conjunction with article 314/2, criminalizing armed membership in the organization.

“Ending the prosecution under these laws of most child demonstrators was an important step forward,” Sinclair-Webb said. “But allowing laws clearly aimed at terrorism to be used against adult demonstrators inflicts immense damage on free expression, assembly, and association in Turkey.”

Among the cases cited in the report are the following. In each case, the court concluded that the individual joined the demonstration under PKK orders because of news reports in advance of the demonstrations saying the PKK urged people to take part.

•A university student, Murat Işıkırık, is serving a sentence of six years and three months for making a victory sign at the March 2006 funeral procession in Diyarbakır for four PKK members, and clapping during a March 2007 protest on the campus at Diyarbakır’s Dicle University.

•A mother of six, Vesile Tadik, was sentenced to seven years for holding up a banner with a slogan “The approach to peace lies through Öcalan” during a December 2009 protest in Kurtalan, Siirt, against the prison conditions of the imprisoned PKK leader. Her case is on appeal.

•Medeni Aydın shouted, “Long live Chairman Öcalan” at a similar demonstration on the same day in Eruh, Siirt, and was sentenced to seven years. He is in prison pending his appeal. At the same demonstration Selahattin Erden was similarly punished for holding the edge of a banner with a pro-PKK slogan. He too remains in prison pending his appeal.

•Fatma Gökhan, Tufan Yıldırım, and Feyzi Aslan received sentences ranging from 10

years and 5 months to 11 years and 3 months for shouting slogans, making victory signs and throwing stones during a March 26, 2008 demonstration in Diyarbakır. Their convictions for “committing crimes on behalf of the PKK”, punishable as “membership in an armed organization,” have been upheld, and they will serve at least seven years in prison, with an ongoing retrial on other charges against them following a July 2010 amendment to the Law on Demonstrations and Public Assemblies.

The ongoing prosecutions of demonstrators are part of a wider crackdown on pro-Kurdish legal political parties for alleged ties to the PKK. On October 18, 152 members and officials of the Democratic Society Party, which was closed by the Constitutional Court in December, 2009, and its successor, the Peace and Democracy Party, which has 20 members in parliament, went on trial in Diyarbakır on charges ranging from separatism, to membership of an armed organization, to aiding abetting that organization.

The defendants include serving and former mayors, a prominent human rights defender, and lawyers. Six of the serving mayors and a human rights defender were arrested last December and have been detained since that time. Another 53, including the lawyers, have been detained since April 2009. Across Turkey around 1,700 party members are in detention facing trial on similar charges.

“The government should complete the task of reform by changing laws relating to adult demonstrators, to bring them fully into line with Turkey’s human rights obligations,” Sinclair-Webb said. “Throwing people in jail is no way to halt terrorism—or protest.”

17 Comments

  1. How is it possible to suppress freedom of expression and through in jail a demonstrator for making the V sign with his fingers?
    This can only happen in Turkey which I see remains a barbaric nomad race as when they came from the deep of Asia in our lands, causing death and suffering, mainly on the weak and innocent, in the lands they forcefully occupied.  Now they cause hardship to their own people which live in Turkey.
    They think that with the measly $12000 per capita, cooked in US and UK financial institutes, EU begs for their custom!  EU will never admit barbaric Turkey as an equal partner.  Turkey should have shown and proved it has become a just state for all its people and a good neighbour to the other countries in the area before even considering application.
    Turkey belongs to the masses of people living in it.  Not to the few crooked politicians and military and security services officers.

  2. Turkey, USA, and some others have labeled the Kurds as ‘terrrorists’ – just to be agreeable with the Turk. Kurds see freedom from the tyranny of the Turks!
    Reality:  the real ‘terrorist’ is the Turk leaderships, over the centuries, pursuing the issue of eliminating peoples… any and all whom turks label ‘terrorists’- in order to continue to commit their GENOCIDES.  Manooshag

  3. If I were a Kurd I would STOP paying taxes to the turk terrorist government. Since they are citizens of turkey, and do not have the same rights and freedoms, they should not be paying taxes until their rights are restored, along with their right to their cultural heritage, and their right to their own language. the turks are fast to talk about terrorists, but not so fast to talk about the terrorists funded and sponsored by turkey, who boarded the mavi mavaara, disguised as “peace activists” with assault weapons, praying for matyrdom, shouting obscenities and wishing death on Israel. the presence of turkey in northern Cyprus is an act of terrorism, ongoing since 1974. 

  4. I thought this was an Armenian news site but all I see in the front page is always Turkey, Turkey, Turkey. There were many atrocities in the history, I don’t know if there is any other nation so obsessed with another.

  5. Metin,

    have you visited any Turkish websites? If not, I suggest that you do and you will be surprised to see how many discussions and links are related to Armenians. I was caught with the same kind of surprise as you think you are. Are you guys in love with us? If you think you are not obsessed with Armenians why do you even check what’s on Armenian Weekly? Do you also check, for example, Spanish, French, Mexican, South African,Chinese etc. websites or it’s the Armenians that keep haunting you?    

  6. Ahmed Shawqi;He was the most famous Egyptian poet… was named the Prince of Poets.He was Kurdish in origin. Every Arab thinks he was Arab but he was Kurd and fluent in Arabic language.
    They say his mother was Turkish (as usual) may be she was Armenian carrying a Turkish nationality.Also they said poet Rumi was Turkish but he was persian.
    Any Arminian knows more information about Ahmed Shawqi let us know.
    Ahmed Shawqi (1868–1932) (Arabic: أحمد شوقي, Egyptian Arabic: Egyptian Arabic pronunciation: [ˈæħmæd ˈʃæwʔi]) was one of the finest Arabic Language poets and dramatists who pioneered the modern Egyptian literary movement, most notably introducing the genre of poetic epics to the Arabic literary tradition. Shawqi also produced distinctive poetry that is widely considered to be the most prominent of the 20th century in Egypt. His family were of Kurdish origin[1] and his parents were born and raised in Egypt.

  7. Murat, what drives your obsession with Armenians?  You can be found all over this site, commenting on multiple articles or commentators comments!  What is your goal?  Don’t be so sure about your Turkophobia theory.  You are being too dismissive of the rightful claims for justice made by Armenians.

  8. Why, Murat, you expect us to exercise Turkophilia after having been almost entirely annihilated as a race by your barbaric forefathers? Our distinct culture and national identity had existed  l-o-o-o-ng before the nomadic Turkic tribes invaded the lands of our sedentary ancestors. The achievements of this culture are documented in ancient Sumerian, Greek, and Roman chronicles. Might you know where Turkish “culture” and “national identity” have been at the time or what contributions they made to the world civilization?

  9. Gina, of course I’m very interested in Armenians. I check this site regularly and I don’t deny that but I would like to see some articles about Armenians. What’s going on in Armenia? All I see is what’s going on in Turkey, what Turks did something wrong again. I believe this site is trying to fuel more hatred against Turkey.

  10. Metin, it is not very difficult to see how this article is relevant to Armenians.
    1) For decades Turkey denied the existence of Kurds, labeling them as “mountain Turks,” in much the same way they have denied the Armenian genocide. Persecution today against Kurds in Turkey shows that state-sponsored oppression and denial have not changed. This has important national security implications for Armenia and the Diaspora.
    2) Turkey readily jails people remotely connected to PKK yet it has STILL not reached a verdict on Hrant Dink’s murder, which was an open and shut case. This HRW report shows this hypocrisy and again raises powerful concerns for the Armenian minority in Turkey and Armenia.
    Stop saying “hatred against Turkey” or “Turkophobia.” It implies that Armenians oppose Turks because of who they are. That’s not true. Armenians oppose Turks because of what Turks do. If Turkey admitted to the genocide and took some compensatory stops, there would be a lot less “Turkophobia.”

  11. Metin, I am happy that Alex has denounced the use of expressions like ‘hatred of Turks’ or ‘Turkophobia.’  I agree with him completely.  It is the acts of violence and degradation against Armenians that I hate, not the Turkish people.  You can take decisive steps to end what you call Turkophobia, by encouraging fellow Turks to face the truth, admit it and offer an apology for the genocide and for 95 years of denial, distortion and blaming the victims.  This doesn’t mean that Armenians deny that Turks suffered too, but the vast majority of suffering of Turks was caused by the decisions of the Turkish governments, not the Armenian people.  Sadly, for Armenians, they suffered greatly merely because they were Armenians and stood in the way of a pan-turanic agenda.  The leaders of the Ottoman empire, the CUP, the Kemalist and successive governments have failed their own citizens, whether Turkish, Kurdish, Armenian, Assyrian, Greek, etc., and it is time for ordinary Turks to put the blame where it belongs.

  12. Boyajian, you are right, but I don’t understand why only Turkey should face its history. Why don’t the US face its genocide against Native Americans. White people in the US created their capital with slave labor, why don’t they pay reparations? Why doesn’t anybody talk about Circassian genocide during the Russian conquest of Caucasus. Genocide in Congo during Belgium rule. Let me tell you why? Before WW2, nobody really cared about Armenian Genocide. After the WW2, victorious countries wanted to punish Germany and they defined what’s right and wrong. Actually Stalin was worse than Hitler but they just didn’t care. Because Armenian Genocide was similar to Holocaust, now everybody just blames Turkey. But there were many tragedies, atrocities in the history that nobody talks and cares about now. Then Turkish people ask, why should only we have to face our history and not others?

  13. “Before WW2, nobody really cared about Armenian Genocide.” Exactly, which is why Hitler said, “After all, who today speaks of the annihilation of the Armenians?” before he committed the Holocaust. And this is why the world realized the need to define and condemn genocide. The UN Genocide Convention in 1948 had this purpose. It had nothing to do with “punishing Germany.” West Germany in fact participated voluntarily in this convention.
    Metin, I understand you feel a sense of hypocrisy. But there is no hypocrisy. The US has apologized to and compensated the Native Americans with money and reserves, albeit inadequately. Look at this statement made by the Canadian Government and opposition parties two years ago to its natives: http://www.youtube.com/watch?v=-ryC74bbrEE&feature=related
    Germany has apologized for the Holocaust and pays reparations to this day. It also apologized for its little-known genocide of the Herero tribe in Namibia in 1908 (http://news.bbc.co.uk/2/hi/africa/3565938.stm). Responsible countries admit their mistakes and make amends.
    And irresponsible countries don’t apologize, but they at least don’t deny and continue to persecute the genocide victims. Belgium pulled out of Congo, and Russia doesn’t target Circassians.
    But reprehensible countries continue their genocides. What has the Turkish government done to the Armenians? Blame them, blockade them, threaten to invade them. That’s why people focus on Turkey. Because it’s the only state in the world that denies its genocide and continues to punish the descendants of the victims.

  14. Metin, read what Alex wrote above.  I agree with him.  Turkey is in the very inauspicious class of stubborn genocide deniers who continue their abuse of the surviving members of the victim group by distorting the truth and blaming the victims.  I understand that one does not want to believe such things about one’s country. But Metin, it is true, and Turkey will never advance as a society that values all human life until it comes to terms with its dark history.  Some members of your society have begun the difficult job of facing the truth and I admire them and know that their courage will inspire others.  I hope you will join them.

  15. Also Metin, you write “Because Armenian Genocide was similar to Holocaust, now everybody just blames Turkey. But there were many tragedies, atrocities in the history that nobody talks and cares about now. Then Turkish people ask, why should only we have to face our history and not others?”
    You ask why?  So sad that you must ask.  When my children do something wrong they know they must say sorry even if others don’t.  Wrong is wrong and we say sorry because we care to repair what we have harmed, because it is what humans do to restore things.  Because the world is a better place when we care about repairing things.  Because we want others to say sorry when they harm us and to care about repairing what they have hurt or broken.  It is time, Metin

  16. Boyajian, thank you for your support. I’ve long read your comments on this forum with reverence so I appreciate your agreement.

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