Source:

Harassment of human rights defenders [ID 13698]

"A range of laws and regulations was used to restrict freedom of expression and obstruct the activities of human rights defenders. Peaceful statements and activities were prosecuted on grounds of “insulting” various state institutions (Article 159 of the TPC), “aiding and abetting an illegal organization” (Article 169) or “inciting the people to enmity” (Article 312). Other activities were prohibited or punished under Law No. 2911 on Meetings and Demonstrations, the Law on Associations, press laws and public order legislation. In some cases human rights defenders were imprisoned. However, most of the investigations and trials resulting from such prosecutions ended in acquittals or with sentences being suspended or commuted to fines, highlighting what AI regarded as a pattern of judicial harassment of human rights activists.

Some individuals – including Alp Ayan, a psychiatrist at the Human Rights Foundation of Turkey (TİHV) in Izmir; Rıdvan Kızgın, Head of the Bingöl branch of the Human Rights Association (İHD); and Eren Keskin, a lawyer who co-runs a legal aid project for women survivors of sexual assault in custody – appeared to have been particularly targeted. Punitive fines were a heavy burden on branches of associations and their members.

On 12 November, the first hearing of a trial against TİHV took place in Ankara. Seeking the suspension of nine executive board members of the foundation, the prosecutor alleged that in 2001 TİHV had violated the Law on Foundations by “cooperating” with international organizations without securing the permission of the Council of Ministers, and by raising funds via the Internet. The alleged “cooperation” took the form of translating reports and distributing them to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the European Parliament Rapporteur for Turkey, and the Council of Europe Commissioner for Human Rights.
Özkan Hoşhanli began serving a 15-month prison sentence on 28 October. He had attempted to observe demonstrations in April and May 1999 in his capacity as the then Chair of the human rights group Mazlum Der (Organization of Human Rights and Solidarity for Oppressed People) in Malatya, and was sentenced to prison and fined in May 2003 under Law No. 2911 for “participating in an illegal demonstration and not dispersing after orders and warnings, and having to be dispersed by government forces with force”. He was a prisoner of conscience.
According to the İHD, 450 prosecutions had been brought against it since 2000 compared to 300 in the previous 14 years. On 6 May police searched the headquarters and local offices of the İHD in Ankara and confiscated books, reports on human rights violations, files, cassettes and computers. The Ministry of Justice informed AI that the search had been carried out on the orders of Ankara State Security Court under Article 169 of the TPC because the İHD was suspected of “coordinating a campaign to voice support for the terrorist organization PKK/KADEK [Kurdistan Freedom and Democracy Congress]”.
Teachers and health workers were often posted away from their home as a disciplinary measure for involvement in human rights or trade union activities, and some student activists were expelled or suspended from university."

19.08.2008 - Source: World Organisation Against Torture

Allegations against the police of excessive use of force against the 2 leading members Human Rights Association ( ("Police excessive use of force and judicial harassment against Messrs. Ethem Aç [TUR 003 / 0808 / OBS 137]") [ID 24495]

Document(s): Open document

19.06.2008 - Source: World Organisation Against Torture

Annual report on the situation of human rights defenders (as of 2007) (see p. 260) ("Steadfast in Protest; Annual Report 2007"), Autor: The Observatory for the Protection of Human Rights Defenders [ID 23583]

Document(s): Open document

28.05.2008 - Source: Amnesty International

Human rights defenders prosecuted for their peaceful activities ("Annual Report 2008") [ID 23434]

" * In January, the bank accounts of Amnesty International Turkey were frozen on the demand of Istanbul 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.
 * In June, three people associated with the Human Rights Association (ÝHD) were each sentenced to two years and eight months in prison for criticizing the “return to life” prison operation by state authorities in 2000.
 * Serpil Köksal, Murat Dünsen and Ýbrahim Kizartýcý were prosecuted for taking part in a campaign against compulsory military service. They were acquitted in December.
 * Istanbul Governor’s office applied to the courts for the closure of the lesbian, gay, bisexual and transgender people’s organization Lambda Istanbul on the grounds that the name and objectives of the group were against “law and morals”."

Document(s): Open document

16.04.2008 - Source: Human Rights Watch

According to HRW, police raid on human rights organisation Lambda Istanbul Cultural Center is latest incident in an escalating pattern of harassment of gay rights groups ("End Harassment of Gay Rights Groups") [ID 22987]

Document(s): Open document

04.2008 - Source: Amnesty International

Enquiries by the public prosecutor against human rights activist Eren Keskin; demands 1 year prison for "insulting Turkishness" according to article 103 of the penal code ("Im Zweifel für den Generalstab") [ID 22984]

Document(s): Open document

21.03.2008 - Source: Amnesty International

Human rights activist Eren Keskin has been sentenced to six months and 20 days in prison after being convicted of “denigrating the Turkish army ("Turkish activist gets jail sentence") [ID 22690]

Document(s): Open document

18.03.2008 - Source: World Organisation Against Torture

Ongoing judicial harassment against Ridvan Kizgin, board member of the Human Rights Association (IHD) headquarter office and former chairperson of the Bringöl Branch of IHD; Kizgin is currently detained in Bingöl detention centre; he has been sentenced for various charges and appeals are pending ("Ongoing judicial harassment against Mr. Ridvan Kizgin [TUR 002 / 0308 / OBS 039]") [ID 22688]

Document(s): Open document

11.03.2008 - Source: US Department of State

Governmental attitude regarding international and nongovernmental investigation of alleged violations of human rights (as of 2007) ("Country Report on Human Rights Practices 2007") [ID 22973]

"A number of domestic and international human rights groups operated in many regions but faced government obstruction and restrictive laws regarding their operations, particularly in the southeast. Government officials were generally uncooperative and unresponsive to their views.

 Human rights organizations and monitors, as well as lawyers and doctors involved in documenting human rights violations, continued to face detention, prosecution, intimidation, harassment, and formal closure orders for their legitimate activities. Human rights organizations reported that official human rights mechanisms did not function consistently and failed to address grave violations.

The HRA had 34 branches nationwide and claimed a membership of approximately 14,000. The HRA reported that prosecutors opened dozens of cases against HRA branches during the year. The HRF, established by the HRA, operated torture rehabilitation centers in Ankara, Izmir, Istanbul, Diyarbakir, and Adana and served as a clearinghouse for human rights information. Other domestic NGOs included the Istanbul‑based Helsinki Citizens Assembly, the Ankara-based Turkish Democracy Foundation, the Turkish Medical Association, human rights centers at a number of universities, and Mazlum‑Der.

At the November 27 opening of the Adana chapter of the Civil Society Development Center (STGM), Adana Governor Ilhan Atis verbally rebuked STGM coordinator Sunay Demircan for suggesting civil society is necessary to fill social, political, and economic gaps where government falls short. Atis claimed civil society should supplement ongoing government work, move in harmony with it, and should be supported only if its work upholds the principles of the Turkish constitution and runs in accordance with state goals.

In January the Istanbul governor's office, with no prior notice, froze three of the bank accounts of Amnesty International's (AI's) Turkey branch, worth approximately $62,600 (75,000 lira). In May AI filed civil cases against two local government authorities, the Beyoglu district governor's office and the Istanbul governor's office, for failing to respond to AI's administrative queries related to the seizure. On May 30, the Beyoglu district governor's office issued a decision that AI had participated in "unauthorized fund raising." The decision did not specify what AI actions violated the law. In a June 22 public statement, AI stated that it does not seek or accept money from governments or political parties for its work but that its funding depends on the contributions of its worldwide membership and fundraising activities, including street fundraising or "face-to-face" activities. The statement noted AI feared the incident could have been "a tactic of government harassment intended to impede legitimate fundraising activities." At year's end AI had not received an official explanation as to what activities violated the law, and the civil case continued.

The government generally cooperated with international organizations such as CPT, UNHCR, and IOM; however, some international human rights workers reported that the government purposefully harassed them or raised artificial bureaucratic obstacles to prevent their work."

Document(s): Open document

31.01.2008 - Source: Human Rights Watch

Criminalization of speech remains key obstacle ("World Report 2008") [ID 23466]

"The criminalization of speech remains a key obstacle to the protection of human rights in Turkey, contributing to an atmosphere of intolerance that assumed violent proportions in 2007. On January 19 the journalist and human rights defender Hrant Dink was shot dead outside his office. Dink came to public notoriety because he was repeatedly prosecuted for speech-related crimes and, in 2006, convicted for “publicly insulting Turkishness” under article 301 of the penal code. The trial of 12 suspects indicted for Dink’s murder, among them the 17-year-old gunman, began on July 2, but the authorities have to date failed to act on significant evidence of negligence or possible collusion by the security forces.  
 
Other public figures associated with human rights advocacy also received death threats. Burdensome registration procedures and legal restrictions on associations continued. The LGBT organization Lambdaistanbul, for example, was prosecuted for having aims that were against “law and morality” and faced possible closure."

Document(s): Open document

06.11.2007 - Source: European Commission

NGOs ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22370]

"However, the obligations imposed by the Law on Associations to notify the authorities before receiving financial support from abroad and to provide detailed documents on such support place a burden on associations' operations. Furthermore, some associations face difficulties. The accounts of Amnesty International Turkey have been blocked since 1 January 2007. Political parties are not allowed to use languages other than Turkish (See cultural rights).

The positive trend in civil society development and dialogue triggered by recent reforms and observed over the last few years has continued. Civil society organisations have been able to take a more active role in shaping policy and addressing social, economic and political causes. There are approximately 80,000 registered associations and several hundred unions and chambers (including vocational and professional associations). However, political pluralism would be enhanced if participation in policy-making would be higher."

Document(s): Open document

27.03.2007 - Source: International Helsinki Federation for Human Rights

Different cases of harassment of human rights defenders in 2006 ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19709]

"Harassment of human rights and prodemocracy activists, lawyers and journalists remained a concern in 2006, and ranged from intimidation and attacks by nationalist groups acting with impunity to politically motivated legal cases.

- In March, lawyer Eren Keskin, vice chairperson of the Human Rights Association, was fined and sentenced to ten months in prison for “denigrating the armed forces” because she had made public cases of sexual assaults by soldiers. Following the trial, she received threatening letters by nationalist groups.

- In July, the public prosecutor of Izmir launched a case against Nalan Erken, a lawyer working on prevention of torture, after she alleged that child prisoners held in a prison in Izmir were tortured.

- In July, a research group who published their findings on the situation of the IDPs in Turkey was attacked by a group of right-wing lawyers and activists during the presentation of their report. No investigation was conducted into this incident and no one was held accountable.

Visiting human rights defenders also faced obstacles in their work.

- In April, HRW researcher Jonathan Sugden was arrested by the gendarmery and deported from Turkey while researching the situation of internally displaced persons in the south east."

Document(s): Open document

14.03.2007 - Source: World Organisation Against Torture

Harassment of human rights defenders in 2006 (cases of harassment of human rights defenders; arbitrary detentions and ill-treatment) ("Steadfast in Protest; Annual Report 2006") [ID 19710]

For further cases of harassment of human rights defenders in 2006 consult the original document

"On September 22, 2006, Ms. Eren Keskin, president of the Istanbul section of the Human Rights Association (Insan Haklari Dernegi - IHD), was charged with “denigrating the Turkish identity” (Article 301 of the Criminal Code) by the Prosecutor’s office of the Kartal district in Istanbul. This followed an interview with the German daily Der Tagespiegel on June 24, 2006, in which Ms. Keskin had expressed her opinion on the influence of the Turkish army over the government.
Charges remained pending by the end of 2006. [...]

On April 2, 2006, after appearing before the Public Prosecutor of Batman, Messrs. Yaray and Kayar were charged with providing “assistance and support to illegal organisations” (Article 220-7 of the Criminal Code) and placed in detention in the town’s prison. [...]

On February 13, 2004, Mr. Alp Ayan and Ms. Günseli Kaya, HRFT members, had been sentenced by the Aliaga Criminal Court of First Instance to 18 months in prison for “using violence to resist and oppose law-enforcement officers” (Articles 32-1 and 32-3 of Law 2911 relative to meetings and demonstrations) following their participation in the funeral, on September 30, 1999, of Mr. Nevzat Ciftci, a prisoner killed shortly before a military operation in the Ulucancar prison in Ankara. Sixty-nine people had been arrested and fourteen of them, including Mr. Alp Ayan and Ms. Günseli Kaya, were placed in pre-trial detention for four months.
The charges against them remained pending as of the end of 2006."

Document(s): Open document
Open document

06.03.2007 - Source: US Department of State

Freedom of association (as of 2006) ("Country Report on Human Rights Practices 2006") [ID 19004]

"The law provides for freedom of association; however, there continued to be several restrictions on this right in practice.

Under the new law adopted in July 2004, associations need not notify authorities before founding an association, but still must provide such notification before interacting with international organizations, and/or receiving financial support from abroad, and provide detailed documents on such activities. Representatives of associations said this placed an undue burden on their operations.

Foreign associations wishing to conduct programs in the country are no longer required to receive separate permission from the interior ministry for each activity, but they are still required to submit detailed reports to the government on each activity, despite the fact that local partners are required to report on the same projects.

According to the Third Sector Foundation of Turkey, an NGO advocacy organization, the criteria for NGOs to obtain public benefit status, entitling them to certain tax exemptions, are restrictive and complicated. Applications for public benefit status must be approved by the Council of Ministers. The law does not allow applicants to appeal if their petitions are rejected."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Human rights defenders routinely placed under surveillance, often prevented from holding public events, and routinely prosecuted for various speech and assembly offences ("World Report 2007") [ID 19013]

"Human rights defenders are routinely placed under surveillance, often prevented from holding public events, and routinely prosecuted for various speech and assembly offences. In March Eren Keskin, president of the Istanbul Human Rights Association (HRA), was sentenced to 10 months of imprisonment, converted to a fine, for “insulting the armed forces” because she had publicized sexual assaults of women by soldiers. In October Diyarbakır Criminal Court sentenced Rıdvan Kızgın, former Bingöl HRA branch president, to three years and nine months of imprisonment for "aiding an illegal organisation" because he had prepared a report on the killing, apparently by security forces, of five villagers in Yumakli village in Bingöl in 2003. Right-wing groups disrupted activities by human rights organizations, including a press conference on internal displacement organised by the Turkish Economic and Social Studies Foundation (TESEV) in July. Also in July, Ayhan Bilgen, president of the Association for Human Rights and Solidarity with Oppressed People (Mazlum-Der) asked for police protection after receiving death threats from the Turkish Revenge Brigade (TİT), which were similar to threats that preceded a near-lethal attack on HRA president Akın Birdal in 1998."

Document(s): Open document

08.11.2006 - Source: European Commission

Freedom of association and civil society organisations ("Turkey 2006 Progress Report") [ID 19681]

"Concerning freedom of association, the legal framework is generally in line with international standards. The impact on the ground of the legislative reforms concerning associations has been positive, in particular the adoption of a Law on Associations in November 2004.

However, the requirement to notify the authorities in case of receipt of finances from abroad results in difficulties and cumbersome procedures for NGOs. Furthermore, unlike associations, foundations still need permission before applying for projects outside Turkey and funded by international organisations.

Some difficulties related to the registration of associations remain. The requests of the Diyarbakir Protestant church and of the Jehovah's Witnesses to establish associations were challenged in court. In both cases the court ruled in favour of the associations. In April 2006, a Kurdish association was ordered to close by a Court in Diyarbakır on the grounds that its statute included the objectives of setting up a Kurdish archive, museum and library and that its activities would be carried out also in the Kurdish language. Gay and lesbian associations have encountered fewer difficulties than in the past. However, they are also occasionally subject to court proceedings.

As regards political parties, court cases against several parties, including DEHAP and HAKPAR, are still ongoing. There has been no progress regarding aligning the Turkish Law on Political Parties with EU practice. Parties are not allowed to use languages other than Turkish. The Law on Political Parties needs to be amended to ensure that political parties are permitted to operate in line with the standards established by the ECHR and the case law of the ECtHR.

As concerns civil society organisations, the recent reform environment has led to positive developments. Civil society organisations have become relatively more vocal and better organised, especially since the adoption of the new Law on Associations. There is an increasing variety of organisations in Turkey including approximately 80,000 registered associations, and several hundred unions and chambers (including vocational and professional associations)."

Document(s): Open document

10.10.2006 - Source: International Helsinki Federation for Human Rights

Law of Associations and minority NGOs ("A Minority Policy of Systematic Negation") [ID 18164]

"The ban on associations under the 2004 Law of Associations to engage in “prohibited activities” (article 30) is interpreted in a similar spirit in the Turkish jurisprudence. While the law largely removed many of the restrictions on the registration and functioning of NGOs, it turned out not to be very much in favor of minority NGOs when, in March 2005, regulations were added to hinder the existence of associations with “prohibited objectives” (article 30) “in contravention of law and morality”(article 56)."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

In May 2005, court ruled to close largest teachers’ union, Egitim Sen, for defending the right to education in children’s mother tongues ("A Minority Policy of Systematic Negation") [ID 18278]

"[...] in May 2005, the Turkish Court of Cassation ruled to close Turkey’s largest teachers’ union, Egitim Sen, for defending the right to education in children’s mother tongues. While it first ruled in favor of the union, arguing that the Turkish constitution should be interpreted in accordance with the ECHR and that a decision to close down the union was not in compliance with articles 10 (freedom of expression) and 11 (freedom of association) of the ECHR, the court then reversed its ruling, stipulating that “freedom of association can be limited for the protection of national security, integrity of the country and public order” and that “Turkish citizens cannot be provided education in a language other than Turkish.” This ruling adds to the many other attempts by Turkish authorities to jeopardize the survival of the Kurdish language, one that is spoken by a noteworthy 20 million Kurds in Turkey."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

Closure of the Kurdish Democracy, Culture, and Solidarity Association in July 2005 ("A Minority Policy of Systematic Negation") [ID 18281]

"[...] in July 2005, the Kurdish Democracy, Culture, and Solidarity Association was closed pending prosecution in connection with its statute containing an objective relating to education and broadcasting in Kurdish, one that the authorities condemned as being in contravention with the Turkish constitution."

Document(s): Report
Press Release

10.10.2006 - Source: International Helsinki Federation for Human Rights

2 human rights activists initially faced 5 years in prison for publishing minority rights report; after a 6-month trial, they were acquitted ("A Minority Policy of Systematic Negation") [ID 18296]

"Professor Ibrahim Kabaoglu, the former head of the Human Rights Advisory Board, and board member Professor Baskin Oran initially faced five years in prison for the Minority Rights and Cultural Rights Working Group report released in October 2004, discussing legal and administrative discrimination against minorities in Turkey. After a six-month trial, they were acquitted in May 2006. The charges were brought under article 216 of the penal code (on “inciting enmity or hatred among the population”) and 301 (on the “denigration of Turkishness, the Republic, and the foundation and institutions of the State”)."

Document(s): Report
Press Release

20.06.2006 - Source: World Organisation Against Torture

Ongoing arbitrary detention of and judicial proceedings against several human rights defenders ("Arbitrary detention of and judicial proceedings against six human rights defenders [TUR 001 / 0406 / OBS 045.1]") [ID 17671]

Document(s): Open document

12.04.2006 - Source: Human Rights Watch

Southeastern Turkey: Human Rights Watch researcher detained by police while carrying out research in predominately Kurdish region into abuses allegedly involving Turkish gendarmerie and government-armed local defense units called ("Turkey: Human Rights Watch Researcher Detained in Kurdish Area") [#49038],  [ID 15597]

Document(s): Open document

07.04.2006 - Source: International Federation for Human Rights

Arrest and ill-treatment of several human rights defenders by security forces in different incidents ("Arrests / Ill-treatments / Judicial proceedings - TUR 001 / 0406 / 045") [#48799],  [ID 15536]

Document(s): Open document

10.2005 - Source: UK Home Office

Treatment of NGOs in Turkey ("Country Report - October 2005") [#40563],  [ID 13690]

for more detailed information seek out the original document page 172

"6.428 The European Commission 2005 report recorded that:

“Human rights defenders continue to encounter significant judicial harassment in practice, as illustrated by the number of open investigations and prosecutions…In the report on her October 2004 visit to Turkey, published in January 2005, the UN Special Representative for Human Rights Defenders ‘expresses grave concern with the large number of prosecutions filed against human rights defenders and their organizations’. A new article in the Code of Criminal Procedure, preventing human rights lawyers from representing defendants accused of certain crimes if they are themselves being investigated under particular articles of the Turkish Penal Code, is of particular concern in this regard.” [71e] (p28)

6.429 As noted in the Amnesty International Turkey Memorandum of 1 August 2005:

“Amnesty International welcomes numerous measures taken to lessen pressure on human rights defenders. For example, the new Law on Associations which is less restrictive than its predecessor should offer a significant boost to the development of civil society in Turkey if it is implemented fully. However, human rights defenders in Turkey are still subjected to unnecessary pressures. These range from unsubstantiated allegations by figures in authority which may result in death threats, through to difficulty in carrying out their legitimate campaigning activities as well as the opening of a large number of cases against them for often minor transgressions of administrative regulations. While these cases rarely result in imprisonment, more usually in acquittal, a suspended sentence, or a fine, Amnesty International considers that the opening of such cases constitutes a form of ‘judicial harassment’ and also an apparent misuse by prosecutors of the criminal justice system.” [12s] (Section on Human rights defenders)

6.430 The AI memorandum of August 2005 continued:

“Amnesty International has also documented a pattern in which – in response to amended laws – prosecutors have used alternative charges to seek conviction of individuals and criminalization of acts by applying other legislation in place of the laws that have changed. Therefore, while the legal changes are welcome, such reform may not prevent the continued harassment of human rights defenders… Given this pattern of harassment, Amnesty International is especially concerned about a provision introduced in the new CPC… Amnesty International therefore notes with concern that Article 151 of the new CPC stipulates that lawyers representing defendants accused of certain crimes may be forbidden from representing their clients or visiting them in jail if the lawyers are being investigated or prosecuted under certain articles of the TPC.” [12s] (Section on Human rights defenders)

6.431 The USSD 2004 reported that:

“A number of domestic and international human rights groups operated in many regions, but faced government obstruction and restrictive laws regarding their operations, particularly in the southeast. The Government met with domestic NGOs (which it defined broadly to include labor unions), responded to their inquiries, and sometimes took action in response to their recommendations.” [5c] (Section 4)

6.432 According to the Netherlands Ministry of Foreign Affairs (January 2002):

“Two of the most prominent (NGOs) are the Turkish Human Rights Foundation (HRF or TİHV) and the Human Rights Association (HRA or IHD). In addition to HRA and HRF, many other human rights organisations are active. Mazlum-Der is an organisation with Islamic leanings which has sixteen branches in the whole of Turkey and also regularly reports on abuses. The Turkish Democratic Foundation (Türkiye Demokrasi Vakfi) and the Helsinki Citizens’ Assembly (HCA) work from Istanbul and Ankara respectively. Another human rights organisation is the Association of Contemporary Jurists (Çağdaş Hukukçular Derneği). There are also human rights centres associated with Turkish universities.” [2a] (p69)

6.433 The Freedom House report ‘Countries at the Crossroads 2005 – Turkey, published in December 2004 noted that “Regulation of the activities and membership of nongovernmental organizations (NGOs) has relaxed with recent reforms, but limitations remain. NGOs are often fined, thus making their work difficult and at times financially unfeasible, although imprisonment of members has decreased. Demonstrators and human rights defenders who refer to Kurdish rights or Abdullah Ocalan are particular targets.” [62c] (p11)"

Document(s): Open document

02.08.2005 - Source: Amnesty International

3 members of Insan Haklari Dernegi (IHD), Human Rights Association have not received any further death threats following threatening letters sent by ultra-nationalist group Türk Intikam Tugayi (Turkish Revenge Brigade) ("Turkey - Further Information on UA 94/05") [#34837],  [ID 13691]

Document(s): Open document

08.2005 - Source: Amnesty International

AI: Contineous human rights violations; response of administration and government on reports about torture und misstreatment still inconvenient; limitation of the right of expression by constituion and the new penal law ("Memorandum on AI's recommendations to the government to address human rights violations") [#38256],  [ID 13692]

"HUMAN RIGHTS DEFENDERS

Amnesty International welcomes numerous measures taken to lessen pressure on human rights defenders. For example, the new Law on Associations which is less restrictive than its predecessor should offer a significant boost to the development of civil society in Turkey if it is implemented fully. However, human rights defenders in Turkey are still subjected to unnecessary pressures. These range from unsubstantiated allegations by figures in authority which may result in death threats18, through to difficulty in carrying out their legitimate campaigning activities as well as the opening of a large number of cases against them for often minor transgressions of administrative regulations. While these cases rarely result in imprisonment, more usually in acquittal, a suspended sentence, or a fine, Amnesty International considers that the opening of such cases constitutes a form of “judicial harassment” and also an apparent misuse by prosecutors of the criminal justice system.

Amnesty International has also documented a pattern in which – in response to amended laws – prosecutors have used alternative charges to seek conviction of individuals and criminalization of acts by applying other legislation in place of the laws that have changed. Therefore, while the legal changes are welcome, such reform may not prevent the continued harassment of human rights defenders. Amnesty International urges the government to undertake an urgent review of all outstanding prosecutions of people for the peaceful exercise of their rights to freedom of expression, association and assembly with a view to ensuring that no one remains under prosecution for acts which are guaranteed under international protection in line with international law or standards.

Furthermore the government should take steps to closely monitor investigations opened against human rights defenders and take effective action to sanction state officials who abuse the judicial system (and/or the government administrative system) to the detriment of human rights defenders with the intention of harassing them or curtailing their legitimate activities for the defence of human rights. In addition, the government should ensure that state institutions and individual officials refrain from adopting ‘creative’ ways of persecuting human rights defenders by breaching Constitutional provisions or laws protecting human rights defenders, or through an excessively broad interpretation thereof.

Given this pattern of harassment, Amnesty International is especially concerned about a provision introduced in the new CPC. Cases opened against human rights defenders have previously been opened under a variety of laws but a very significant number of these have been opened for “aiding and abetting illegal organizations” (Article 169 of the previous TPC), “insults” to various state institutions (Article 159), “incitement to enmity” (Article 312) and "making propaganda for illegal organizations” (Article 7 of the Anti-Terror Law). Amnesty International therefore notes with concern that Article 151 of the new CPC stipulates that lawyers representing defendants accused of certain crimes may be forbidden from representing their clients or visiting them in jail if the lawyers are being investigated or prosecuted under certain articles of the TPC. Among these articles are those which are the successors in the new TPC of the above articles. We consider that such a provision may be used to judicially harass human rights defenders through the opening of apparently groundless cases against them but also that human rights lawyers will therefore be unable to represent their clients through the application of Article 151. Such a provision is contrary to the spirit of the UN Declaration on Human Rights Defenders and may also restrict the right to a fair trial of the clients of lawyers thus barred and may be in contravention of the UN Principles on the Role of Lawyers. Amnesty International therefore calls for the abolition of this provision.

Amnesty International considers that greater steps need to be taken to ensure that state officials recognize the legitimacy of work in defence of human rights. The organization considers that one reason that such attitudes continue amongst state officials is the apparently ambivalent attitude towards human rights groups expressed by the government. Amnesty International was disturbed by a statement by the Prime Minister released to the press following his meeting with the organization in February 2004 in which he accused human rights groups of having “double standards” in their treatment of Turkey and acting “ideologically” and was saddened by the apparent disregard for the thousands of Amnesty International members who had campaigned for the Prime Minister after he was sentenced to imprisonment in 1998 when he accused the organization of having been partial in his case and that it had “only made statements”. The organization was further distressed to read the Prime Minister’s speech to the Parliamentary Assembly of the Council of Europe in which he was reported to have said “…those, with ideological approaches, who say that there is still these type of torture... are people who have connections with terror organizations. I especially want to present this for your information.” Amnesty International considers that this statement is in clear contravention of the spirit of the UN Declaration on Human Rights Defenders and would welcome a statement which would publicly recognize the legitimate work of human rights defenders and the contribution that they make to uphold the rule of law.

Amnesty International is aware that the Ministry of the Interior distributed in October 2004 to its officials as a circular the EU Declaration on Human Rights Defenders. However, since this is a document aimed at foreign delegations in second countries, Amnesty International considers that it would have been more appropriate to circulate a copy of the UN Declaration on Human Rights Defenders. We therefore urge the government to take further action to ensure that state officials at every level of the state apparatus, including law enforcement officials, respect the legitimacy of the work of human rights defenders and allow them to carry out this work without hindrance or harassment. The UN Special Representative on Human Rights Defenders has made numerous detailed recommendations in her report. Amnesty International expects the government to incorporate into its programme steps towards implementing these recommendations."

Document(s): Open document

15.07.2005 - Source: Amnesty International

Tunceli: Lawyer and human rights defender reportedly received series of threats from Commander of Gendarmerie Forces ("Turkey - Further Information on UA 36/05") [#34323],  [ID 13693]

Document(s): Open document

03.05.2005 - Source: Amnesty International

Human rights activists are being harassed, tortured and persecuted for peacefully exercising the rights to freedom of expression, association and assembly ("Europe and Central Asia: Human rights activists harassed, tortured and persecuted") [#31734],  [ID 13694]

Document(s): Open document

15.02.2005 - Source: Amnesty International

Lawyer threatened repeatedly by a local military commander, apparently as a result of his work as a human rights defender ("Turkey - UA 36/05") [#29079],  [ID 13695]

Document(s): Open document
Open document

14.01.2005 - Source: Amnesty International

Torture Prevention Group which provides legal aid to the victims of torture, closed by Izmir Bar Association; the closure appears to be in violation with Turkish Law on Legal Practice ("Closure of Torture Prevention Group shocking") [#28287],  [ID 13696]

Document(s): Open document

06.10.2004 - Source: European Commission

Human rights defenders, including NGOs and lawyers, continue to be subjected to considerable judicial harassment ("Regular Report 2004 on Turkey´s progress towards accession") [#26161],  [ID 13697]

"While acquittal rates are significantly higher than in the past, human rights defenders, including NGOs and lawyers, continue to be subjected to considerable judicial harassment, as illustrated by the number of open investigations and court cases brought against them. For example, between October 2003 and August 2004, 98 court cases and investigations were launched against the Turkish Human Rights Association and 58 are currently ongoing. The majority of these are related to press conferences, which, until June 2004, were treated by the authorities under the Law on Public Meetings and Demonstration Marches, which allows for the attendance of the police."

Document(s): Open document

06.11.2003 - Source: Schweizerische Flüchtlingshilfe

Groups at risk (e.g. members of opposition parties, human rights activists, certain groups of women); inadequate implementation of political reforms (German) ("Asylsuchende aus der Türkei - Position der SFH") [#17802],  [ID 13699]

"Einer asylrelevanten Verfolgung können insbesondere Personen unterliegen, für die es aufgrund der mangelnden Umsetzung der Reformen im Menschenrechtsbereich, vor allem aber aufgrund des landesweiten Einflusses der unabhängig von der Reformpolitik agierenden Sicherheitsdienste samt deren informellen Netzwerken keine sichere interne Fluchtalternative gibt. [...]

1.4 MenschenrechtsaktivistInnen

MenschenrechtsaktivistInnen müssen trotz der angekündigten Reformen, welche auch die Arbeit im Menschenrechtsbereich betreffen, aufgrund eines gezielten Vorgehens von staatlichen Behörden nach wie vor mit Repressionen, häufigen Verhaftungen, zahlreichen Anklagen, Gerichtsverfahren, Berufsverbot und Misshandlungen rechnen. [...9

1.7 GewerkschaftsaktivistInnen

GewerkschaftsaktivistInnen müssen trotz der angekündigten Reformen, welche die Arbeit in Gewerkschaften betreffen, wegen politischen Aktivitäten mit Repressionen, Drohungen und Verhaftungen rechnen, wenn sie sich für die Kurdenfrage oder die Irakfrage engagieren.

Beamte und Beamtinnen haben nicht das Recht, sich gewerkschaftlich zu organisieren. Unliebsame BeamtInnen, sind bereits in der Vergangenheit wegen Gewerkschaftsaktivitäten in den Ausnahmezustandprovinzen von intensiver Verfolgung bedroht
und in mehrheitlich rechtsgerichtete Provinzen verbannt worden, wo sie keine Lebenssicherheit hatten. Ihre Versetzung in andere Provinzen kann nach wie vor angeordnet werden. Foltergefahr kann bei besonders aktiven Personen nicht ausgeschlossen werden."

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30.09.2003 - Source: International Helsinki Federation for Human Rights

Report focused on latest human rights developments in the member states of the Organization for Security and Co-operation in Europe (OSCE) ("Interventions and Recommendations by the International Helsinki Federation for Human Rights (IHF) on the Occasion of the OSCE Human Dimension Implementation Meeting Warsaw, 6-17 October 2003") [#16408],  [ID 13700]

"In Turkey, human rights activists face continuous harassment. Lawyer and human rights defender Eren Keskin, who is also head of the Istanbul branch of the Human rights Association of Turkey, has been facing numerous charges related to her human rights activities for years. She is also a founder of a legal aid project for women survivors of sexual assault in custody. Keskin has received death threats, been held in detention, been abused by police officers and there have been attempts on her life. As of the summer of 2003, there were 86 charges pending against her. In November 2002, she was deprived of her license for legal practice for a year.

The court gave a verdict in the case against Dr. Alp Ayan, a psychiatrist of the Izmir branch of the Human Rights Foundation of Turkey, and Mehmet Barindik, official of the LIMTER-IS trade union, on 19 June 2003. Both were sentenced to one year’s imprisonment. The two men were charged in connection with a press statement of 13 January 2001 condemning a police raid in prisons that lead to the death of 32 people."

Document(s): Open document

17.07.2003 - Source: Amnesty International

Chair and executive committee member of the Mus branch of the Human Rights Association (Insan Haklari Dernegi - IHD), detained/ prisoners of conscience allegedly detained for their activities as human rights defenders ("Turkey - UA 218/03") [#14394],  [ID 13701]

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Open document

10.07.2003 - Source: Amnesty International

Human rights defender threatened and harrassed over the telephone after the local branch of the Human Rights Association in Bingöl he chairs released its report on the human rights situation ("Turkey - UA 205/03") [#14259],  [ID 13702]

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21.06.2003 - Source: Schweizerische Flüchtlingshilfe

Menschenrechtsverein (IHD) seit mehreren Jahren schweren Angriffen seitens der Behörden ausgesetzt; MenschenrechtsaktivistInnen nach wie vor Opfer von zahlreichen Gerichtsverfahren ("Zur aktuellen Situation - Juni 2003 ") [#14557],  [ID 13703]

"Der Menschenrechtsverein (IHD) ist seit mehreren Jahren schweren Angriffen seitens der Behörden ausgesetzt. Immer wieder wurden Regionalbüros des IHD für eine bestimmte Zeit geschlossen und deren Verantwortliche vor Gericht gestellt. Nicht selten ist es zu Razzien, vor allem gegen Regionalbüros, gekommen. Am 6.5.2003 wurde das Zentralbüro des IHD auf Anordnung der Staatsanwaltschaft der 2. Kammer des Staatssicherheitsgerichts Ankara durchsucht. Zahlreiche Dokumente, Handnotizen, Publikationen, Bücher, Computer und vertrauliche Daten sowie die Buchhaltung wurden konfisziert und zwecks Ermittlungen im Zusammenhang mit Art. 312 TStGB mitgenommen. Günter Verheugen, der Erweiterungs-kommissar der EU, hat diese Razzia schärfstens kritisiert und die Regierung aufgefordert, alles daran zu setzen, dass Menschenrechtsorganisationen ungehindert arbeiten können.
Nach der Razzia im Zentralbüro wurde auch die Zweigstelle Ankara durchsucht.
Der ehemalige Vorstand des IHD Diyarbakir wurde am 14. Oktober 2002 von der Anklage des Verstosses gegen das Vereinsgesetz freigesprochen. Die Anklage war erhoben worden, weil Broschüren, Flugblätter und Dokumente von Vereinen in türkischer Sprache verfasst sein müssen und weil das Wort "Newroz" in der türkischen Sprache nicht existiere. Am 18. Februar 2003 erfolgte ein weiterer Freispruch in einem Verfahren, das war eröffnet wor-den war, weil anlässlich einer Newroz-Feier auf einem Spruchband das Wort "Newroz" mit "w" anstatt mit "v" geschrieben stand – ein Buchstaben, der im türkischen Alphabet nicht existiert.
Gegen Vorstandsmitglieder der Zweigstelle Ankara und Mitglieder der Gefängniskommission läuft zur Zeit vor dem Staatssicherheitsgericht Ankara ein Verfahren wegen Unterstützung illegaler Organisationen (Art. 169 TStGB), weil der IHD gegen die Situation in den F-Typ Gefängnissen protestiert hat. Der Staatsanwalt fordert zudem gestützt auf Art. 7 Abs. 4 An-ti-Terrorgesetz die Schliessung der Zweigstelle.
Der Vorsitzende der Zweigstelle Bingöl, Ridvan Kizgin, wurde im Januar 2002 verhaftet, nachdem er sich an einer Feier zur Erinnerung an die beiden im Januar 2001 verschwunde-nen HADEP-Mitglieder beteiligt hat. Er wurde im März 2002 entlassen, das Verfahren lief weiter.
MenschenrechtsaktivistInnen sind nach wie vor Opfer von zahlreichen Gerichtsverfahren, die zwar sehr oft mit einem Freispruch enden, deswegen aber nicht weniger unangenehm sind. Die Verfahren haben das Ziel, AktivistInnen einzuschüchtern und sie an ihrer Arbeit zu hindern. Zahlreiche Pressemitteilungen, Verlautbarungen an Veranstaltungen, Publikationen usw. des IHD führen zu einer Anklage gegen die Verantwortlichen. Diese werden nicht sel-ten aufgrund von Art. 312 Abs. 2 oder Art. 159 TStGB angeklagt und beschuldigt, mit ihren Verlautbarungen, vor allem im Zusammenhang mit der Kurdenproblematik, Hass und Feind-schaft geschürt oder die Sicherheitskräfte beleidigt zu haben. Gerade im Zusammenhang mit den Todesstreiks in den türkischen Gefängnissen sind Anklagen wegen Unterstützung illegaler Organisationen keine Seltenheit.
Zur Zeit läuft ein Verfahren gegen einen führenden Arzt der Zweigstelle Izmir der Men-schenrechtsstiftung und gegen ein Vorstandsmitglied der Zweigstelle Izmir des IHD. Die Anklage erfolgte nach einer Pressekonferenz zu den Operationen in den türkischen Ge-fängnissen wegen Beleidigung der Sicherheitskräfte (Art. 159 TStGB)."

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21.06.2003 - Source: Schweizerische Flüchtlingshilfe

Berufsverbot für Menschenrechtsaktivistin und Rechtsanwältin; daneben unzählige weitere Gerichtsverfahren ("Zur aktuellen Situation - Juni 2003 ") [#14557],  [ID 13704]

"Eren Keskin, die bekannte Menschenrechtsaktivistin und Rechtsanwältin des Frauenrechts-büros Istanbul, wurde mit einem einjährigen Berufsverbot belegt. Daneben laufen unzählige weitere Gerichtsverfahren gegen sie. Unter anderem wird sie angeklagt, die illegale Organi-sation KADEK zu unterstützen, weil die Zweigstelle Istanbul des IHD, dessen Vorsitzende sie ist, ein Bulletin zum Thema "Kurdische Sprache und Kultur" herausgegeben hat. An ei-nem Podium über Gewalt an Frauen soll sie mit ihren Äusserungen zudem separatistische Propaganda verbreitet haben. Von dieser Anklage wurde sie Ende März 2003 nach einem fast eineinhalbjährigen Verfahren freigesprochen."

Document(s): Open document

28.02.2003 - Source: World Organisation Against Torture

Trial against the members of the Turkish NGO “GIYAV” (Migration and Humanitarian Assistance Foundation) forms part of a government harassment strategy to sanction human rights NGOs through the use of the judiciary ("Press release -Turkey: Continuing Judicial Harassment Against Human Rights Defenders") [#11130],  [ID 13705]

Document(s): Open document