The
government’s first term of power ended in failure
500 DAYS
The Human Rights Foundation of Turkey (TIHV) issued
in April 1993 a 58-page report dealing with the human rights violations
observed during the first 500 days of the DYP-SHP Coalition Government,
from November 21, 1991 to April 5, 1993.
Below are the large extracts of this significant
report which contradicts the government’s claim of success in
democratization:
The coalition government of the True Path Party
(DYP) and the Social Democratic Populist Party (SHP) which was formed
as the result of the elections of 20 October 1991, was announced on 20
November. Under the leadership of Süleyman Demirel 20 ministries were
given to DYP and 12 to SHP. The new government took the office as of 21
October 1991. The coalition government’s program was read out by
Premier Süleyman Demirel on 25 November and the government obtained
vote of confidence on 30 November 1991.
While reading the government’s program, Prime
Minister Süleyman Demirel stated that Turkey will be changed
completely, that the Constitution and the legal system will be formed
according to contemporary democratic values. that inflation will be
brought down, that union rights will be brought in line with ILO
standards and that all civil servants will get the right to unionize.
Some promises in the government’s program are as follows:
• CSCE and Paris Charter has brought rights and
freedoms for countries and their peoples. Those rules and acts are to
be complied with by Turkey as a signatory part. Turkey will be a
country in peace and security. A state of law based on human rights and
fundamental freedoms will be established all over Turkey. While
struggling with anarchy and terror, democratic means will be applied.
• The area of eastern and southeastern Anatolia will
be given a special weight, in this framework a regional development
plan will be prepared and implemented. The Governorate of the Region
under Emergency Legislation and the system of village guards will be
reviewed. In the whole of the country a state of law based on human
rights and basic freedoms will definitely be enforced. The people of
the area will be met with tenderness and ties of trust will be created.
• The length of detention will be shortened, events
of torture will disappear. Education of the police on individual rights
and freedoms will be secured, their authorities will newly be defined
and legal changes allowing lawyers to be present during interrogation
will be introduced. Police stations will no more be places of fear,
transparency will be secured.
• The practice to prohibit publications will come to
an end; the Law to Fight Terrorism will be reviewed in the light of the
principle of basic rights and freedoms. Press freedom and the right of
the citizens to know the facts and to get the right news will be
secured. In Turkey everybody is equal and a first class citizen.
Research of everybody’s mother-tongue, culture, history, folk music and
religious beliefs is part of basic human rights and freedoms which have
to be protected and developed.
• All political demands will only be enforced after
discussion in parliament, with mass organizations and in the press.
Provisions concerning meetings and demonstrations and the right to form
associations will be rearranged. Everybody will be entitled to use
these rights and everybody can freely express his or her opinion. Law
on Political Parties and Elections will be changed and closed parties
will be opened. Prominent problems of the country will be discussed at
the National Assembly and on Turkish Radio and Television (TRT).
Provisions concerning labour and trade unions will
be brought in line with ILO standards, obstacles for leaders of trade
unions and professional organizations to be elected for parliament will
be removed. All workers including civil servants will be given the
right to form trade unions.
Scientific and administrative autonomy will be
granted for universities and the system of YÖK will be lifted. It will
be secured that institutions of higher education will be administered
by people elected among the personnel. An institution of higher
teaching and education formed by elected candidates will be created to
secure coordination among the universities. Students will be allowed to
join political parties.
Except for one or two of these promises (Period for
military service shortened but not put into practice right away, the
ones deprived of their citizenship were given right to regain their
citizenship and closed parties were opened again) which “raised high
hopes” in the most parts of the society, none of them were put into
practice during the 500 days. Besides, during the meeting in the night
of 23 June 1992, the Council of Ministers agreed to lift certain powers
which enable the Governor of the Emergency State Region “to censor or
to send people into exile”. This decision was presented to the public
as a great achievement. However, the lifted powers had not been applied
since the beginning of 1991 owing to intense reactions. In addition,
because the meeting was held without the President a legal discussion
about the “invalidity of the decision” broke out.
A great portion of the promises were not even
tackled. A small portion was opened for a delayed discussion in public.
Draft laws prepared on subjects such as “the criminal procedure code
and presence of a lawyer during interrogation or “YÖK and elections of
rectors”, were changed according to reactions by certain circles and
passed under different conditions. The coalition government had
promises to install “democracy” and “a regime respecting human rights”
at the beginning of its term in office, but did not fulfil any of these
promises and acted just to the opposite.
During this 500-day period, basic human rights and
freedoms, particularly the right to life were violated in a way that
reminded very much of the dark days of the 12 September 1980 regime.
Society was terrorized and left outside politics. Torture continued
systematically. Torture allegations were not dealt with. Books,
journals and newspapers were confiscated. Journalists were killed. The
ones who tried “to speak up or write” were silenced and jailed. In the
name of “fighting with terrorism”, unlawful methods were applied. The
public only got one side of the picture and facts were turned upside
down. Far from solving the Kurdish question, developments deepening the
problem and opening the way for more serious clashes had to be
observed. Towns were set on fire and destroyed. Demonstrators using
their democratic rights were beaten and shot at. About 500 people (most
of whom in the Emergency State Region), including journalists,
political party leaders, intellectuals and human rights activists
became victims of unclarified murders.
In this period during which political violence
spread, some groups appeared in public sympathizing with human rights
violations or even applauding such practices by terrorizing certain
parts of the society. Intensified PKK actions and the increase of
assassinations and attacks by Devrimci Sol led to a radicalization of
these “terrorized” circles. Human rights activists came under attack on
a level never witnessed before. They were said to be prolongation,
supporters and sometimes even members of organizations resorting to
violence and accepting violence as a means of their struggle.
This black account summarized above in some
key-words relates to a period when a government was in power that made
big promises in establishing democracy, a state of law and human
rights. Turkey entered the 500-day period by listening to many positive
promises but it was faced with the most brutal examples of disrespect
for human rights. During this period, not human rights were protected,
but those who violated them.
RIGHT TO LIFE
Attacks on the most natural right of mankind, the
right to life, increased during the 500-day period compared to the
previous years. Within this period, many practices by the security
forces resulted in death and were considered as extra-judicial
executions. Murders by “unknown assailants” continued on a large scale.
As a result of bomb and armed attacks carried out by illegal
organizations such as the Kurdish Workers’ Party (PKK), which stages a
guerilla war, Devrimci Sol (Revolutionary Left) and TIKKO (Turkish
Peasants’ and Workers’ Liberation Army), lots of people died. A number
of attacks on civilians, some of which were carried out by illegal
organizations while others were merely attributed to them and which
resulted in death, took place.
Within this 500-day period, 19 detainees died under
suspicious circumstances (detailed information is available in the
section entitled “Torture”). 7 persons who according to witnesses or
similar strong evidence had been detained disappeared. A total of 233
persons were killed, of whom 38 were killed in fire opened on
demonstrators, 80 were killed during house raids, 115 were killed as a
result of fire opened at random or for disobeying order to stop, or in
street executions. The bloody sheet of the Newroz events counted 95
deaths (92 of them in 1992 and 3 of them in 1993) and at least 500
wounded people. Furthermore, 44 persons died and about 100 were wounded
during the violence which started with the bloody events in Sirnak and
then was experienced in Çukurca, Musabey, Kulp, Varto and Cizre in the
second half of 1992. The number of persons who died in the explosions
of mines randomly planted or by picking up unclaimed hand grenades, was
52.
Shortly a total of 443 persons died because of
excessive force of the security force, by torture, through mine
explosions, in extra-judicial executions and similar killings. If we
add the number of the victims of unidentified murders (493), of the
civilians, members of the security forces (802) and militants (1161)
who died during clashes, of public officers, policemen, soldiers and
village guards who were killed as a result of armed attacks,
assassinations and of other persons who were killed for being
“traitors”, “denouncers”, “state supporters” (331), of the ones who
died during the attacks on civilians (224), to the previous number, the
bloody scene becomes even more frightening. As a result, a total of
3454 persons died because of the existing atmosphere of violence
between period of 21 November 1991 when the coalition government took
the office, and 5 April 1993.
Most of the deaths which take place in this report
and which were caused by the security forces are “extra-judicial
executions” as defined in the documents of the United Nations. Almost
none of the “necessary criterion” defined by the U.N. with regard to
extra-judicial executions was taken into consideration. Most of the
death events which took place, were not thoroughly investigated.
Instead of investigating, practices and statements were observed bound
to encourage the security forces. Officers involved in the
extra-judicial executions were awarded. In a statement he made at the
end of December 1992, Interior Minister Ismet Sezgin claimed that there
is no extra-judicial execution and that the operations were carried out
in the presence and within that knowledge of public prosecutors. Ismet
Sezgin stated that death events occurred when the security forces shot
back at militants. In another statement Ismet Sezgin made on 14
February, he advanced that “As it was done once in Europe, we may
gather all militants in same place and kill all of them. Then we may
say that they have committed suicide”.
The Ministry of Interior awarded TL 2,5 million to
each of the police officers who participated in two separate house
raids carried out in Maltepe and Küçükesat quarters of Ankara on 13
August 1992. Approving the event, a higher security officer claimed
that money awards encourage the police officers who participate in
operations, and said: “Such practices remove hesitation of police
officers during operations. Therefore, police officers take part in
operations aware that their duty will be awarded”. During the house
raids on 13 August 1992 which resulted in the participating police
officers to be awarded, 5 members of the “Devrimci Sol” organization
were killed.
In the meantime, security officers who were rarely
brought to justice, were either found “innocent” or sentenced to very
insignificant imprisonment terms. These imprisonment sentences were
converted into fines and put on probation.
EXECUTIONS ON SPOT
During the 500-day period worrisome cases which can
be termed as “execution on spot” were witnessed on the dark human
rights picture. Security forces general opened fire at demonstrating
crowds and thus many people died or were wounded. House raids carried
out in the name of “operation”, resulted in deaths of many persons.
People were shot as “they did not obey stop warnings”. As a result of
fire opened by the security forces at random, innocent people lost
their lives. Children and women died because of bombs thrown from war
planes. In consequence of such kinds of events which are studied under
three titles below, a total of 233 people died (38 of whom during
demonstrations, 80 of whom as a result of house raids and the remaining
115 for not obeying stop warning, executing after being apprehended
alive).
ATTACKS ON CIVILIANS
During the 500-day period, a large number of armed
and bomb attacks on civilians and defenceless people was carried out.
In these attacks villages or settlements supporting either the state or
the PKK, village protectors and their families, shopping centers and
means of communal transportation were often chosen as targets. These
attacks which caused an escalation of violence and gave fresh arguments
for those circles who are in search for unlawful practices also caused
reactions from the public. As a result of these attacks 224 people, 49
of them children, died and at least 187 people were wounded.
In some cases, these types of attacks which
presented a pretext to terrorize society and develop anti-democratic
practices, were disclosed to have been carried out by village
protectors. Attacks and subsequent events caused by village protectors
were presented to the public as “actions of the PKK”. In addition, the
damage caused by the security forces in civilian areas was extremely
high. For many of the actions carried out in the Emergency Legislation
Region PKK took responsibility. The number of attacks by the PKK
against civilians and defenceless people showed a dramatic increase in
1992 compared to the years 1990 and 1991. (Attacks determined to have
been carried out by village protectors were presented another chapter
and, therefore, have not been included here). It has not been
established by whom and why some of these attacks (such as on Closed
Bazaar, Mess in Fenerbahce and on Istanbul Chamber of Commerce) were
carried out.
ASSASSINATIONS AND CLASHES
Meanwhile attacks on public officers such as
soldiers, police officers, mayors and prosecutors, on village guards
and on some persons accused of working as “police agents” or of being
“state supporters”, continued intensively during the 500 days. As a
result of these attacks and assassinations carried out by organizations
such as PKK, Devrimci Sol, TIKKO and TIKB, a total of 331 persons
listed below died.
Enlisted man 15
Non-commissioned officer 10
Retired General
1 Police officer 72
Village guards
47 Night guard . 2
Jugde-civil ser
7 Mayor 2
MIT officer 4
Office driver 3
Village head 6
Confessor 5
Denouncer 52
State supporter 77
Teacher 4 Stray
bullet, by fault 8
Other 14
Iranian opponent 14
Many clashes were experienced between the security
forces and armed groups particularly in the Emergency State Region and
Istanbul. During the clashes, including attacks and raids on military
stations and units in the Emergency State Region, a total of 1156
militants, 1079 of whom were PKK, 15 Devrimci Sol (Revolutionary Left),
33 TIKKO (Turkish Peasants’ and Workers’ Liberation Army), 9 Hizbullah
militants and of whom 20 were militants whose organizations were not
identified died. This number reached 1161 with the deaths of two TIKB
(Turkish Revolutionary Communists Union) militants and one TKIH
(Turkish Communist Workers’ Movement) militant, and with the death of
one TKP (Turkish Communist Party-Sparkle) militant and one right-wing
(ulkucu) militant as a result of bombs which blasted in their hands
while preparing for an action. Furthermore, during the clashes, a total
of 802 people (331 security officers who died in armed attacks and
assassinations are not included in this total.), 426 of whom were
enlisted men, 54 non-commissioned officers, 26 military officers, 36
police officers or special team members, 188 village guards, 6 night
guards, 62 civilians and 4 persons by stray bullet, lost their lives.
THE KURDISH PROBLEM & THE EMERGENCY LEGISLATION
The Kurdish problem, one of the most important
problems of Turkey for years, became more complex in the 500-day
period. The political power preferred to apply military methods instead
of a democratic and peaceful solution. On the other hand, the Workers’
Party of Kurdistan, PKK, staging a guerrilla war in the region,
continued its attacks by increasing their dose. Promises like “the
state of emergency provisions and the village guard system will be
revised” were not kept and furthermore no concrete step was taken
concerning this issue. In spite of different views among the coalition
parties, the period for the state of emergency provisions was extended
three times. PM Demirel criticizing persons who wanted the state of
emergency to be lifted, was content in saying “This system will
continue until a solution is found”. The village guard system was not
even mentioned.
The dimension of violence in the Emergency State
Region grew bigger day by day. Gendarmerie stations were subject to
hours-long PKK attacks. Clashes which arose in the region, lasted for
days. Settlements were turned into ruins. Each day corpses of young
soldiers who died during clashes, raids or traps, were sent to cities
in western parts of Turkey. Turkey conducted many air and ground
operations directed at PKK camps and units within or outside its
national borders. The quantity of bombs used during the air attacks
against the PKK, was several times higher than the quantity used during
the Cyprus operation.
Claims regarding inhuman treatment during the
clashes and events following them were widely reported. Corpses of PKK
militants who died in clashes and raids, were displayed. Corpses torn
into pieces and women stripped off after being killed, were shown on
TV. It was frequently claimed that the security forces killed militants
after apprehending them alive. Another thing which caused great
reactions was the sight of corpses of women and children actually or
allegedly killed by PKK militants.
The provocative attitude showed its effect in the
second half of 1992 in counties of the western part of Turkey. After
the funeral ceremonies held for the security officers who died in the
Emergency State Region, tension increased and clashes were witnessed
between the Turkish and Kurdish people in Urla district of Izmir (3-4
August 1992), in Fethiye district of Mugla (during the first days of
October 1992), in Alanya district of Antalya (during the last three
days of October 1992) and in Kusadasi, Bursa and Erzurum (while the
events in Alanya were continuing). Similar events were witnessed in
Igdir province on the days of 2 and 3 November.
The authorities did not step up measures for
prevention during repeated events which arose during funeral
ceremonies. In November, Interior Minister Ismet Sezgin who gave an
interview to the daily Cumhuriyet in November 1992 about events which
sometimes turned into attacks against Kurdish people, said the
following: “Effects cause reaction. The national feeling of our people
makes them more sensitive. 0f course, certain agent provocateurs turn
up everywhere, as usual. However, I believe that the great common sense
of our people will be sufficient for the protection of our national
unity”.
Social life, educational activities, health services
etc. almost came to a stand-still in the Emergency State Region during
the 500 days . The population of many districts and towns decreased in
an outstanding manner due to an enormous exodus. About 400 villages and
settlements were evacuated. The buildings in the evacuated places
became unusable. In the region, a total of 622 primary and secondary
schools were closed during the last 3 years because of life security,
village evacuation, lack of students and difficulties in finding
teachers. According to the data released by the Ministry of National
Education, 35 schools were closed in Van, 59 in Sirnak, 12 in
Diyarbakir, 188 in Mardin and 201 in Elazig in three years. The number
of the medical doctors and assistant health personnel in charge of
hospitals and health institutions declined rapidly. Mass organizations,
political parties and entertainment centers became places deserted by
the people.
Negative events in the Emergency State Region, was
replaced with a hopeful waiting starting from the middle of March 1993.
The existing tension decreased suddenly when the PKK leader Abdullah
Öcalan disclosed in a press conference on 17 March 1993 that he
declared one-sided cease fire for the period between 20 March and 15
April. Abdullah Öcalan who held a press conference in Bekaa Valley,
stated that he wanted to turn the PKK into a political party and said:
“We declared one-sided cease fire. In so far as no attacks are carried
out against us, we will not open fire. None of the attacks during this
period will not originate from us. The thing that I am afraid of is a
possible provocation on Newroz Day. This cease fire is a response to
the demands of both international society and of the Turkish and
Kurdish public opinion. Let us stop the war and come to term. We
believe that Turkish authorities need to review the situation. In order
to enable such a review, we think that this cease fire is necessary”.
Stating that he wants to return to Turkey and to occupy with the
politics, Abdullah Öcalan said that Turkish authorities had to give a
guarantee on this issue, because he did not want to be another Sheik
Sait or Sheik Bedrettin. He also pointed out that he was ready to
withdraw himself from negotiations if he was an obstruction before an
agreement. Jelal Talabani,-leader of the Patriotic Union of Kurdistan
(PUK) was present in the press conference.
POLICE DEMONSTRATIONS
Demonstrations made during funeral ceremonies by
police officers following armed attacks and assassinations, were one of
the worrisome developments witnessed in the 500-day period. During the
demonstrations, particularly the ones in Istanbul, Adana and Izmir,
human rights activists, certain politicians and some press members were
shown as targets. During the demonstrations, journalists were beaten
and detained. The authorities connived at the demonstrations.
Furthermore, the activists were encouraged and demonstrations were
incited. With his statements and speeches President Turgut Özal showed
an attitude to enhance tension. Interior Minister backed police
officers with his statements and said: “The slogans shouted at the
demonstrations are psychological. We should accept that police officers
shout slogans due to their sorrow caused by the killing of their
friends”.
The unpleasant events observed in Lice on 28
November 1991, in Istanbul on the days of 5 December 1991 and 4
February 1992, in Izmir on 5 February 1992, in Istanbul and Adana on 7
February 1992, in Sirnak on 5 March and in Batman on 21 April 1992, may
be show as examples on this subject. During the demonstrations in
Sirnak and Batman, people were beaten and shops were damaged.
Demonstrations by police officers were delayed for a
long while upon in tense reactions and criticisms. Police officers who
attempted to make demonstrations or to shout slogans, were silenced by
their heads. Nevertheless, police demonstrations started again starting
from November 1992. Police officers made demonstrations in Diyarbakir
on 10 November 1992, in Istanbul on the days of 19 November 1992, 20
March 1993 and 2 April 1993.
TORTURE
Torture cases continued during the first 500 days of
the coalition government which resembled the ones witnessed in the
previous years. However, promises such as “preventing torture and
punishing torturers” occupied prominent places in the government’s
program and in statements by government officials. In his first
statement after taking office Justice Minister Seyfi Oktay said that
the new government would make extensive legal changes to put an end to
all kinds of cruelty, adding that he was opposed to detentions without
a judge’s decision. Prime Minister Demirel frequently repeated similar
statements. But none of these words was ever put into practice. Torture
continued to be applied as an interrogation method like it had been
applied for years. Changes of the Code of Criminal Procedures which was
put on the agenda with a great noise and became law following long-term
debates, could not prevent torture. Sayings of “Transparent Police
Station” and “Walls of Glass” remained pleasant slogans of the election
campaign. Police stations and interrogation centers turned out to be
places surrounded by thick walls which could hardly be looked behind
even if by deputies.
Like before, most of the public officers responsible
for torture who, despite all difficulties, were actually put on trial,
were generally acquitted. In a trial which ended on 12 February 1992 at
Istanbul Kadikoy Criminal Court, police officer Hüseyin Polat accused
of having tortured MD Hüseyin Özkahraman was acquitted. The reason for
the acquittal was that Hüseyin Özkahraman did not recognize the accused
police officer Hüseyin Polat. Hüseyin Özkahraman detained on 6 July
1991, had been interrogated at Yeldegirmeni Police Station and
tortured. He certified the torture inflicted on him with a medical
report showing his inability to work for 15 days.
AMENDED CODE OF CRIMINAL PROCEDURES (CMUK)
During the 500 days , discussions on “torture”
mostly focused on amendments of the Code of Criminal Procedures shortly
called CMUK. These amendments which were among the important promises
of the government, were put on the agenda of the National Assembly in
April 1992 under the name of “draft law on the reform of Justice”. The
draft which shortened the detention period, banned bad treatment and
torture, enabled lawyers to be present during police interrogation, and
limited the period under arrest was adopted by National Assembly on 21
May. In spite of many improvements, the draft included many
deficiencies.
The draft, despite all its deficiencies, disturbed
many circles particularly the ones who accept torture as the only
possible interrogation method. Subsequently President Turgut Özal
blocked the draft law on 8 June 1992 and sent it back to the Assembly.
In justifying his decision Turgut Özal pointed out that fundamental
rights and freedoms may be limited in cases of curfew, emergency and
wars, and said: “When ordinary crimes are considered under the same
conditions as terror crimes, certain inconveniences will arise”. It was
later established that the draft law was rejected upon reactions by
certain security authorities, particularly the Emergency State Governor
Unal Erkan, and in accordance with the demand of the National Security
Council (NSC).
Following lengthy debates the draft law was adopted
on 18 November 1992 after being changed in accordance with the
criticism of the National Security Council. The law numbered 3842 which
was approved by President Turgut Özal this time, was promulgated in the
Official Gazette on 1 December 1992 and came into force. Most of the
amendments brought by the law will not be applied for political
investigations (Article 31) under the jurisdiction of the State
Security Courts (SSCs) and in the Emergency State Region. By excluding
certain offences from the jurisdiction of SSCs, an attempt was made to
silence some criticisms.(Actually by Article 29 of the law, the number
of the crimes under the scope of SSCs was decreased. But at this point
there is an attempt to cover up one important fact. Article 1 of the
“Law to Fight Terrorism” is still in effect. Therefore, many crimes
excluded from the scope of SSCs are considered as terror crimes under
the “Law to Fight Terrorism”. It means that a writing, a speech or a
leaflet found in a flat may easily be taken up under the “Law to Fight
Terrorism”. Thus the defendant will be tried by a SSC, may be kept in
detention for 15 days (30 days in the Emergency State Region), will not
be allowed to have access to her/his lawyer, and her/his relatives will
not be notified.)
The amendments of the Code of Criminal Procedures
caused various public discussions and criticisms by human rights
activists and jurists. The focus of the criticisms intensified on the
exclusion of political crimes from the improvements. The law was also
criticized from the point of views that it does not bring an
arrangement to lift torture, it is hard to believe that this will
prevent torture without changing the staff who during years got used to
torture, and that Articles 5 and 6 of European Convention on Human
Rights are infringed.
DEATHS IN DETENTION & DISAPPEARANCES
In the 500-day period, deaths in detention occupied
a prominent place on the “dark human rights” balance sheet. Within this
period 19 detained persons died under suspicious circumstances. 13 of
the deaths in detention were witnessed in the Emergency State Region, 2
of them in Adana, 2 of them in Istanbul and the others in Artvin and
Antalya.
During the 500 days, along with the persons who died
in detention, 7 persons disappeared after being detained. In addition,
no information could be obtained about the fate of Yusuf Eristi, Haydar
Altun, Ibrahim Gundem and Hüseyin Toraman who disappeared in 1991. The
authorities did not give any satisfactory information to the families
who said that their relatives had disappeared after they had been
detained. No serious investigation was made into the fate of those
persons. Furthermore, Prime Minister Süleyman Demirel replied to the
families of the disappeared who visited the Prime Ministry’s Office on
8 November, saying that “your children are not in my pocket, so I
cannot give them to you”. Police authorities were content with answers
such as: “The aforesaid persons were not detained. We are looking for
them too”.
ESTABLISHED TORTURE CASES
According to the statistics of the Human Rights
Foundation of Turkey a total of 804 persons, of whom 14 were children
and 121 were women, were subjected to torture within this period. 226
of those persons certified with medical reports that they had been
tortured. 27 of the tortured women reported that they were raped or
sexually abused in detention. Within one year, a total of 177 persons
allegedly tortured, applied to the treatment centers of the HRFT, 29 of
them applied to treatment center in Ankara, 50 in Istanbul and 98 in
Izmir. (This figure does not cover the persons who were recently
released from prisons or the persons who applied to the HRFT although
they were tortured before 21 November 1991) The cases established by
the HRFT are only a small part of the torture cases that happened in
Turkey.
It is generally known, that torture is inflicted
almost on every defendants, both political and ordinary offenders, as a
systematic interrogation method in Turkey. Although there is a
widespread use of well-known torture methods against suspects of
ordinary crimes at police or gendarmerie custody, an important part of
torture cases can not be revealed as these suspects do not insist on
their rights.
PRISONS
During the first 500 days of the coalition
government, various inhuman cases were witnessed in prisons, too,
highlighting another prominent problem of Turkey. Complaints about
negative life conditions increased day by day. Hunger strikes started
in some prisons. The coalition government which closed down Eskisehir
Special Type Prison as soon as it came into power, created an
impression that it would follow a policy respectful to human dignity.
But various pressures and inhuman treatments witnessed throughout the
year caused disappointment. Sometimes, prison inmates were ruthlessly
beaten. Justice Minister Seyfi Oktay, who often objected to
anti-democratic provisions of the “Law to Fight Terrorism” when he was
in the opposition, did not make any legal attempts to lift these
provisions. He preferred to keep silent on matters such as that “no
defendant tried under Article 125 of the Turkish Penal Code in
connection with Kurdish organizations may benefit from conditional
release” and that “political prisoners may not benefit from free
visits”.
Injustice faced by the defendants or convicts tried
in connection with Kurdish organizations, particularly with the PKK,
was not removed. The coalition government preferred to wait for the
decision of the Constitutional Court related to conditional release of
prisoners convicted under Article 125 of the Turkish Penal Code (TPC),
instead of legal changes. The Constitutional Court did not cancel this
section which foresees that “no defendant tried under Article 125 of
the TPC in connection with Kurdish organizations may benefit from
conditional release”. According to the decision, in trials launched
against Kurdish organizations, defendants sentenced to death will stay
in prison for 20 years instead of 10, and defendants sentenced to life
imprisonment will stay in prison for 15 years instead of 8 in order to
be released. This decision shows that two different standards are used
for Turkish and Kurdish organizations, which is against the principle
of equality in the Constitution.
During this 500-day period, hunger strikes took
place three times in Izmir Buca Closed Prison, 2 each times in Malatya
E Type Prison, Kayseri Closed Prison, Elazig E Type Prison and Aydin E
Type Prison, one each time in Ceyhan Special Type Prison, Ankara
Central Prison, Urfa E Type Prison, Diyarbakir E Type Prison, Yozgat E
Type Prison, Çanakkale E Type Prison, Amasya E Type Prison, Metris
Closed Prison, Bursa Special Type Prison and Nevsehir E Type Prison,
because of intensified pressures or beatings and with demand of
improvement in life conditions. Besides, many prisoners and convicts
were beaten, especially in 1993. As a result of beatings, hundreds of
prisoners and convicts were wounded.
FREEDOM OF PRESS AND THOUGHT
The first 500 days of the coalition government were
not positive from the view of the cultural life, and freedom of press,
thought and belief, either. However, certain positive decisions taken
at the end of 1991 and at the beginning of 1992, led to the impression
that the limits and pressures on freedom of press and thought would
decrease. During the first days of the government, “practice of
prohibited publications” was brought to an end in libraries of the
Ministry of Culture, prohibitions put on some art works and artists in
previous periods were lifted, and the Council of Ministers cancelled
prohibition orders given earlier for about 700 publications.
During the same period, bans on Kurdish publications
were completely lifted, and production and sale of Kurdish cassettes
were allowed. The rights of 227 persons who had been deprived of their
Turkish citizenship and whose properties and assets had been
confiscated after the 12 September military coup, were restored.
Nevertheless, the above mentioned positive developments and amendments
remained ineffective in the face of pressures and restrictions on free
thought and legal obstacles and physical attacks against the press. The
number of the journalists killed was over the number of journalists
killed during the last 30 years. Trials were launched against
journalists and writers demanding tens of years in prison and fines
totalling billions of TL. Almost all of the private radio and TV
stations were closed.
ASSASSINATED JOURNALISTS
Within this period, a total of 16 journalists, 14 of
them in the Emergency State Region, were killed as a result of armed
attacks carried out by unknown persons. In addition, Burhan Karadeniz
(20), Diyarbakir correspondent for the newspaper Özgür Gündem, was
severely wounded in an armed attack he sustained on 5 August 1992.
Burhan Karadeniz shot in his nape became paralyzed. It was put forward
that those killed journalists were “militants” and a way was given to
other assassinations.
Along with journalists, persons in charge of
distributing or selling the publications such as “Özgür Gündem”,
“2000’e Dogru”, “Yeni Ülke”, “Azadi” and “Gerçek” were subject to
attacks by unknown assailants in the Emergency State Region. As a
result of such kinds of attacks, 4 newspaper distributors named Halil
Adanir (Batman-21 Nov.. 1992), Kemal Ekinci (Diyarbakir - 15 Dec.
1992), Lokman Gunduz (Nusaybin - 31 Dec. 1992) and Orhan Karaagar (Van
- 19 Jan. 1993) were killed. Furthermore, newspaper distributors Hasan
Ozgun and Ali Ihsan Kaya were wounded in the attacks they sustained.
The physical attacks by public officers on the press
continued in the 500-day period during which 16 journalists were killed
and one journalist was crippled. According to the figures determined by
the HRFT, a total of 67 journalists were insulted or beaten with
sticks, curbs or truncheons by public or security officers in 31
different incidents. Bahri Kayaoglu one of the correspondents for the
newspaper “Meydan” was beaten by the guards of President Turgut Özal
two times within a three-month period. Many journalists were detained.
The newspaper Özgür Gündem (32) and the journal Mücadele (41) ranked
first in connection with detained journalists. There were also
bomb-armed attacks carried out by radical islamic groups or certain
illegal leftist organizations against journalists and press
organizations.
PRESSURES ON FREEDOM OF THOUGHT AND PRESS
In spite of several statements by authorities that
“no books will be banned any more”, 244 magazines and newspapers were
confiscated by court orders within the 500 days. In the same period,
confiscation decisions were also given for 27 books. Books and
newspapers were accepted as “crime means” and denounced on TV. Ismail
Okçu (Hekimoglu Ismail - served 71 days in prison), one of the authors
of the newspaper “Zaman”, Sukru Aksoy, former chief editor of the
journal “Emegin Bayragi” (served 2 months in prison), Sinami Orhan,
chief editor of the journal Ak-Dogus (served 3 months 18 days in
prison) and Erdogan Yasar Kopan, (still in prison) former chief editor
of the journal “Mücadele”, were put in prison because of sentences
given in connection with their articles. In addition, one year’
imprisonment sentenced given for Mustafa Kaplan, one of the columnist
for the newspaper “Yeni Asya”, on charges of insulting Atatürk in a
meeting held in Usak in 1989, was approved by the Court of Appeals in
January 1993. The sentences given for journalists or writers totalled
50 years 9 months 15 days, while the total of fines reached TL
17,358,200,000.
Private radio stations functioning in many
settlements first of all in Ankara, Istanbul, Izmir and Adana, were
closed in the first days of April 1993. The Ministry of Transportation
had sent a circular to the governorates and ordered them to close all
private radio stations in March. The closure was not applied on private
TV stations broadcasting from abroad. This implementation caused a
great reaction. The Article 132 of the Constitution of the Republic of
Turkey foresees that “radio and TV broadcasting is able to be carried
out by only the state”. In Turkey there are more than 500 radio
stations most of which broadcast locally.
THE KURDISH LANGUAGE
One of several positive steps taken by the coalition
government in this period concerned the Kurdish language and Kurdish
publications. On the first days of 1992, some amendments were made
which mollify prohibitions and limitations applied on Kurdish
publications for years. Afterwards communication means such as
cassettes, books and newspapers could freely be sold in the market. The
ban put on the film “Mem-u Zin” based on a novel by the Kurdish poet
and thinker Ehmedi Xani was lifted by Culture Minister Fikri Saglar.
The film had been prohibited because of some Kurdish folk songs.The
premiere of the film was realized by the Human Rights Foundation of
Turkey in Ankara on 18 January 1992.
By lifting the restrictions on names that could be
given to newly born children, the Ministry of Interior started to
implement the right that parents can choose whatever name they wish for
their children. Following the 12 September Military Coup Kurdish names
to be given for the children had been banned. In addition, in March
1993 studies began in order to give former names of the settlements
whose names had been changed after the Military Coup.
Nevertheless, all those amendments did not suffice
to completely lift the pressures and limitations on the Kurdish
language and Kurdish traditions.Certain positive step taken as to
Kurdish, were replaced with pressures similar with the ones in the
past, as of the second half of 1992. Unlawful practices were applied on
the subjects such as Kurdish publications and traditions. Some people
were detained because of Kurdish folk songs. Wedding ceremonies and
circumcision feasts organized according to Kurdish traditions were
prevented by security forces. The ones who attended the ceremonies were
beaten, detained and arrested.
Turkey did not sign the charter prepared by the
Council of Europe which enables minority and regional languages to be
protected and improved. The charter opened for signatures for member
countries of the Council of Europe in September 1992, were signed by
Germany, Luxembourg, Malta, Hungary, Liechtenstein, Spain, Austria,
Denmark, Finland, Holland and Norway in its first stage. In the
charter, the concept of “minority and regional language” is described
as “A language which is spoken on a country’s soil by a group of people
whose population is less than the population of the people of the
state, and is different from the official language of the state”. The
contract defines some obligations for signatory countries for the
protection and improvement of minority and regional languages. If
Turkey signs the contract, it has to consider obligations for many
languages spoken in the country, particularly for Kurdish.
The Kurdish Institute, founded as part of the
Mesopotamian Culture Center which researches and develops the Kurdish
language, history and culture, was opened in Istanbul on 18 April 1992.
The plate of the institute which was prepared both in Turkish and
Kurdish was taken down by the police 3 hours later. The plate was put
up again. The Kurdish Institute was raided by the police in the morning
of 15 November 1992 upon written directives of Istanbul SSC’s
Prosecution Office. During the raid, many documents, publications,
books, films, photographs and computer diskettes were seized and three
persons were detained. Display of Mirin u Jiyan (Life and Death)
performed by Jiyana Nu Theatre established within Mezopotamian Cultural
Center, was prohibited in Ankara.
The Kurdish Cultural Foundation which completed its
founding procedures on 22 June 1992, applied to Istanbul First Instance
Court No. 1 for registration. The Kurdish Cultural Foundation was
established with the aim of conducting research on the Kurdish
language, literature, geography, folklore, music and ethnography, and
publishing and introducing such a research. The Kurdish Cultural
Foundation was not registered by 31 December dated decision of Istanbul
Court of First Instance No.l on the grounds that it is based on a race.
Diyarbakir Deputy Hatip Dicle who is one of the founding members of the
Kurdish Cultural Foundation said: “The thing prohibited is the name of
Kurd. The things not wanted to be recognized are the national and
democratic rights of Kurdish people.Thus, Turkish Republic acted in
contravention to Paris Charter and CSCE.
FREEDOM OF ORGANIZATION
The coalition government did not cover the
expectations from the view of freedom of organization, assembly and
demonstration either. Pressures and attacks directed at certain
political parties and mass organizations continued on an increased
level. Anti-democratic provisions of the Law on Associations, the Law
on Political Parties, the Law on Meetings and Demonstrations inherited
from the “12 September period”, were often applied. Pressures and
anti-democratic measures intensified during the Newroz Feast, before
May Day and after the Sirnak events. In the extraordinary meeting of
the National Security Council held in Diyarbakir on 27 August 1992,
uneasiness stemming from activities of certain political parties and
democratic mass organizations was depicted. It was decided to follow
closely these parties and organizations and to keep their activities
under control. Thus, existing pressures increased further.
The coalition government made no serious attempt to
execute the promises given during the election campaign. It rejected
further proposal and attempts concerning this subject. Prime Minister
Süleyman Demirel opposed the draft law prepared by Sirnak Deputy Mahmut
Alinak which foresees the lifting of certain anti-democratic provisions
under the “Law on Assembly and Demonstrations”. Demirel who notified
the National Assembly in a writing about his opinion concerning the
proposal, claimed that the demanded changes would prevent the
administration from carrying out its duties and from taking necessary
measures. Demirel also opposed the lowering of imprisonment sentences
for persons participating in unauthorized demonstrations and marches,
advanced that lower sentences would reduce the dissuasiveness and
efficiency of them. Süleyman Demirel stated that if the authority given
to governors for banning meetings and demonstrations would be lifted,
it would constitute a crime against the Constitution.
The Human Rights Association IHD) and its members
were frequently exposed to various pressures and attacks.
PRESSURE ON MASS ORGANIZATIONS
Other mass organizations along with IHD were exposed
to similar pressures and attacks during the 500 days. Works of
democratic organizations were prevented, their activities were banned,
their leaders and members were detained or arrested. Many concerts,
demonstrations, festivals and meetings were not permitted. Fire was
opened by the security forces on people demonstrating particularly
during Newroz Feasts. Many persons died and were wounded. (Newroz
events and demonstrations resulting in deaths are presented in the part
entitled “Right to Life”).34 mass organizations (4 of them IHD
branches) were closed definitely or indefinitely.
PRESSURES ON POLITICAL PARTIES
During the first 500 days, pressure intensified,
obstructions increased and there were more physical attacks on
political parties, especially the People’s Labour Party (HEP), the
Socialist Party (SP), the Worker’s Party (IP), the Socialist Union
Party (SBP) and the Greens Party (YP). Political parties were subjected
to many pressures and attacks stemming from law or practices of the
authorities. Trials and investigations were launched, including demands
of the death penalty, against party leaders and even deputies, and in
some cases they were convicted and sentenced.
In the meantime, a positive change in
legislation made which enables the political parties which had been
closed following the 27 May 1960 and 12 September 1980 military coups,
to be reopened. Benefiting from this opportunity many political parties
including the Democrat Party, the People’s Republican Party, the
Socialist Revolution Party and the Turkey Socialist Worker’s Party,
were opened again. On the other hand, certain political parties (such
as the Justice Party and the Turkey Workers and Peasants’ Party)
invited their delegates to a congress in accordance with the;r legal
rights but preferred to join other political parties instead of opening
again.
A great increase was observed in armed attacks on
members of local administrators of political parties, and in the
unclarified murders within this period. As a result of attacks with
political aims, SHP Nusaybin District President Oktay Turkmen, one of
the leaders of HEP Nusaybin District Organization Abdurrahman Sogut,
one of the leaders of HEP Silvan District Organization Felemez Gunes,
IP Cizre District President Resul Sakar, former president of HEP
Gaziantep Provincial Organization Abdulsalem Sakik, HEP Kovancilar
(Elazig) District President Rodi Demirkapi, leaders of HEP Antalya
Provincial Organization Idris Celik and Yusuf Solmaz, one of the
leaders of HEP Batman Provincial Organization Mehmet Ertan, OZDEP
Erzincan Provincial President Cemal Akar and one of the leaders of the
Socialist Party Sirnak Organization Omer Guven died.
In the 500 days, many enquiries were launched
demanding death penalties against HEP deputies. As known, Ankara SSC
Prosecution Office had decided to launch a trial under the Article 125
of the TPC demanding death penalties against 22 HEP deputies in
December 1991,and applied to the National Assembly Chairmanship for
lifting the immunity of those deputies.
WORKER’S RIGHTS AND TRADE UNIONS
Expectations about the trade union rights and labour
life frustrated, and promises on this matter were not kept in the 500
days. In accordance with the Government’s Program, the Ministry of
Labour started the preparations at the beginning of 1992 to amend the
legal arrangement put into force by 12 September regime about workers’
rights and trade union freedoms. However, these studies were not
completed. The only things performed were statements like that “the
studies will be completed soon and sent to the National Assembly for
debate”.
In the meantime, 7 separate ILO (International
Labour Organization) contracts were debated at the National Assembly
and adopted in November 1992. 6 of the adopted contracts (No 59, 87,
135, 142, 144 and 151) were approved by President Turgut Özal and came
into force. President Özal vetoed the 7th and the most important
contract which is numbered 158. The vetoed contract foresees
precautions for arbitrary dismissals, and provisions which make harder
to dismiss workers and give right to apply to the Court of Appeals.
Although the contracts were adopted, the necessary amendments could not
be applied in practice.
While the legal and constitutional changes which
should be done, were delaying, negative applications were frequently
witnessed in labour life. Dismissals were continued throughout the
year. The most intensive dismissal cases were experienced on textile
and metal sectors. The number of the workers dismissed from their jobs
reached ten thousands. The workers responded to dismissals with
resistance and various activities. Furthermore, strikes were
intervened. Workers and trade unionists were harassed, beaten,
detained, arrested and tried. Workers working in the factories,
workshops etc. without healthy conditions and security of work, often
confronted with industrial accidents.
CIVIL SERVANTS’ TRADE UNIONS
The 500-day period did not let civil servants have
trade union rights which have been awaited for years. Whereas, the
promises that “the civil servants would be given trade union rights”
took an important part of the government’s program. These promises were
mentioned in many statements of Prime Minister Süleyman Demirel and
Deputy Prime Minister Erdal Inönü. Nevertheless, any progress could not
be achieved on this matter. Even, the circular of the Ministry of
Interior which was published under the Motherland Party government in
1991 and which announced civil servants’ unions as illegal, was not
lifted for a long time. In accordance with this circular, trade unions
founded by civil servants and teachers were confronted with various
administrative pressures and obstructions. The circular was able to be
lifted by court decision. The Council of State annulled the 28 February
1991 dated circular of the Ministry of Interior which bans the civil
servants to found trade unions, on 12 November 1992. In the
justification of the annulment it was stated that the authority to
determine the legal status of the civil servants’ union was in hand of
courts not in that of the Ministry of Interior. With the annulment of
the circular, an important step was taken towards the trade unions for
the civil servants.
According to HRFT determinations, 67 branches of the
civil servants’ trade unions faced with the obstructions of
governorates or their functions were banned. Besides, lots of their
activities were not allowed. The persons who attended the activities
arranged by civil servants’ unions, were beaten and detained by the
police. Members or leaders of those unions were exiled or appointed to
other places.
It has been revealed that the system used in France
by 1960’s was taken as model for studies of the Civil Servants’ Draft
Law conducted by the Ministry of Labour. In accordance with his system,
civil servants’ trade unions which do not have any rights of collective
bargain or strike, are only consulted about the wage increases and
other rights, and the final decision depends on the political power.
The draft being prepared taking into account of the similarity of the
public administration and state personnel regimes between Turkey and
France, proposes civil servants’ unions to be presented by a “Higher
Civil Servants’ Council” and “Common Technical Committee”. With the
draft, the functions which may be carried out even by means of an
association, will be loaded on the civil servants’ trade unions.
DEATH PENALTIES
Any significant progress could not be realized
regarding to death penalty in the 500 days. As is known, “Law to Fight
Terrorism” which came into force on 12 April 1991, foresees not to
execute death penalty decisions given for the crime committed by that
time or to be committed. This application secured an temporary comfort
on the matter of death penalty which has been on the agenda of Turkey
for years. However, being presence of the criminal articles of laws
which foresee death penalty, is still a threat.
The coalition government did not make any
preparations to lift the threat caused by death penalty during its
first 500 days. Even, the draft which was prepared by the Ministry of
Justice and which foresees certain amendments “Law on Execution of
Sentences”, maintains death penalty exactly the same. In the draft, the
single changing for the death penalty, is brought for the pregnant
woman sentenced to death. The present provision commanding that “The
pregnant women shall not be executed before they give a birth”. is
turned into that “The death execution shall not be committed unless 6
months pass after the pregnant women give a birth”. In spite of the
anti-death penalty statements by the SHP wing of the coalition
government, trials with demand of death were launched. Death penalty
threat was used even for deputies (Detailed information is available on
the section entitled “Political Parties”).
UNIVERSITIES AND YÖK
Disorder in the universities and YÖK (Higher
Education Council) system lasted throughout the year. The government
program had stated that after necessary changes on the Constitutional
Court, YÖK would be lifted and that universities would be administered
by means of professors elected by the universities. On the other hand,
coalition protocol had said that a temporary legal arrangement would be
made in direction with the thoughts of university professors, until the
required amendments were made on the Constitution. First of those
promises was not put on the agenda, and the second promise was
legalized in an unwished manner. The draft law regarding to rectorate
elections brought to the agenda of the National Assembly by the
government, was mostly changed as deputies from the True Path Party
collaborated with the deputies of the opposition parties. The draft was
legalized in a manner which rarely affects the authority of the
President and YÖK President about rectorate elections.
Along with the negative aspects of YÖK system,
students were detained and tortured. Universities and students were
kept under police or gendarmerie surveillance. Clashes and quarrels
between the students in divergent opinions started.
DETENTIONS
In 1992, detentions owing to political activities
and actions continued. During the year, thousands people were detained
all over Turkey, particularly in the Emergency State Region. People
were mostly detained because of authorized or unauthorized
demonstrations, or on charges of being members of illegal organization
or harbouring members of illegal organizations. Detainees were
interrogated under torture for lengthy days. 2 of each 3 detainees were
released on the prosecution office or first interrogation stages. If we
take into account that almost half of the arrested were released at the
first hearing or acquitted at the end of the trial, how the personal
rights and freedoms were infringed by unlawful and arbitrary
attitude witnessed in detention cases.
DEATHS DURING THE 500-DAY PERIOD
Suspicious deaths in detention 19
Those killed during Newroz events (1992) 92
Those killed during Newroz events (1993) 3
Those killed in Sirnak or similar events 44
Those killed in gun fire opened at demonstrators 38
Those killed during house raids 80
Those killed for disobeying stop warnings and etc.
115
Deaths because of mine explosions 52
Killings by unknown assailants 493
Those killed in the attacks on civilians 244
Those killed in armed attacks or assassinations 331
Security officers who died in clashes 802
Militants who died in clashes 1161
Total number of people killed in 500 days 3454
TORTURE
Suspicious deaths in detention 19
“Disappearances” after detention 7
Tortured individuals (known to HRFT)*
806
--------
*) 14 of them are children and 121 of them women. 226
out of 806 torture victims proved with medical reports that they had
been tortured.
FREEDOM OF PRESS,
THOUGHT AND CONSCIOUS
Killed journalists 16
Killed kiosk owners 4
Journalists attacked by officials 67
Confiscated newspapers and journals 244
Confiscated books 27
Total of imprisonment sentences
given to journalists and writers 50 yrs 9 months 15
days
Total fines given to journalists
and writers TL 17.358.000.000
Journalists put into prison 4
Female students punished for
wearing headscarves in classes 63
FREEDOM OF ORGANIZATION
Killed IHD leaders 3
Closed IHD branches 4
Closed democratic mass organizations 38
Obstructed civil servants’ trade unions 67
Killed political party leaders 12
Closed political parties
Political parties demanded to be closed 4
Banned strikes 2
