06.11.2007 - Source: European Commission

Civilian oversight of the security forces ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22257]

"Despite public comments from the army and attempts to interfere in the political process, the outcome of the spring 2007 constitutional crisis reaffirmed the primacy of the democratic process. The National Security Council (NSC) continued to meet in line with its revised role. Ambassador Burcuoðlu was appointed as new Secretary-General in September. The total staff of the NSC decreased from 408 to 224, and the number of military personnel from 26 to 12.

However, the armed forces continued to exercise significant political influence. Senior members of the armed forces have stepped up their public comments on domestic and foreign policy questions including Cyprus, secularism and Kurdish issues. On a number of occasions, the General Staff reacted publicly to government statements or decisions. The General Staff directly interfered with the April 2007 presidential election by publishing a memorandum on its website expressing concern at the alleged weakening of secularism in the country.

There were several attempts from senior members of the armed forces to restrict academic research and public debate in Turkey, in particular on security and minority rights issues. Furthermore, the military targeted the press on various occasions (See section on freedom of expression).

The 1997 EMASYA secret protocol on Security, Public Order and Assistance Units remains in force. The protocol, signed by the General Staff and the Ministry of Interior, allows for military operations to be carried out for internal security matters under certain conditions without a request from the civilian authorities.

[...] Overall, no progress has been made in ensuring full civilian supervisory functions over the military and parliamentary oversight of defence expenditure. On the contrary, the tendency for the military to make public comments on issues going beyond its remit, including on the reform agenda, has increased."

Document(s): Open document

06.03.2007 - Source: US Department of State

Role of the police and security apparatus (as of 2006) ("Country Report on Human Rights Practices 2006") [ID 18998]

"The Turkish National Police (TNP), under interior ministry control, is responsible for security in large urban areas. The Jandarma, paramilitary forces under joint interior ministry and military control, is responsible for policing rural areas. The Jandarma is also responsible for specific border sectors where smuggling is common; however, the military has overall responsibility for border control.

In June 2005 the government established judicial police, who were to take direction from prosecutors during investigations; however, human rights groups reported that in practice the judicial police continued to report to the Ministry of Interior.

A civil defense force known as the village guards was less professional and disciplined than other security forces and was concentrated in the southeast. The village guards were accused repeatedly of drug trafficking, rape, corruption, theft, and other human rights abuses. Inadequate oversight and compensation contributed to this problem, and in many cases Jandarma allegedly protected village guards from prosecution. Although the security forces were generally considered effective, the village guards, Jandarma, and police special forces were viewed as those most responsible for abuses. Corruption and impunity from prosecution were serious problems.

Courts investigated many allegations of abuse and torture by security forces during the year; however, they rarely convicted or punished offenders (see section 1.e.). When courts did convict offenders, punishment generally was minimal and sentences were often suspended. Authorities typically allowed officers accused of abuse to remain on duty and, in occasional cases, promoted them during their trials, which often took years.

The TNP and Jandarma received specialized training in a number of areas, including human rights and counterterrorism. According to the government, the armed forces emphasized human rights in training for officers and noncommissioned officers.

During the first nine months of the year, 715 administrative or judicial cases were opened against security personnel and other public officials on torture, maltreatment, or excessive use of force charges. The decision of "acquittal" or "no need to punish" was reached in all 85 maltreatment or torture cases. Out of 630 "excessive use of force" cases, 10 resulted in prison sentences, one resulted in a temporary suspension, 598 resulted in acquittal or no need to punish, and 21 remained ongoing."

Document(s): Open document

01.2007 - Source: Human Rights Watch

Increase in indiscriminate and disproportionate use of lethal force by security forces in dealing with protestors, as well as during normal policing ("World Report 2007") [ID 19018]

"There was a sharp increase in indiscriminate and disproportionate use of lethal force by security forces in dealing with protestors, as well as during normal policing. In March youths attending the funerals of PKK militants clashed with police, throwing stones and petrol bombs. During the ensuing street battles in Diyarbakýr and other cities police fired bullets, gas grenades, and stones at rioters, killing eight people, including innocent bystanders and four children under 10 years of age. In other incidents during 2006, police shot and killed 13 persons either in error or because they were deemed not to have heeded orders to stop. Instead of conducting an inquiry into the use of lethal force resulting in these deaths, in June the government amended the Anti-Terror Law, authorizing security forces “to use weapons directly and without delay.”"

Document(s): Open document

02.05.2006 - Source: Amnesty International

Hakkari province: Article on human rights violations committed by security forces in course of counter-terror operations (investigation, independence of judiciary and prosecution) ("Turkey: No impunity for state officials who violate human rights [44/006/2006]") [ID 15622]

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 15534]

Document(s): Open document

08.03.2006 - Source: US Department of State

Role of the police and security apparatus (as of 2005) ("Country Report on Human Rights Practices 2005") [#46152],  [ID 18999]

"The Turkish National Police (TNP), under interior ministry control, is responsible for security in large urban areas. The Jandarma, paramilitary forces under joint interior ministry and military control, is responsible for policing rural areas. The Jandarma is also responsible for specific border sectors where smuggling is common; however, the military has overall responsibility for border control.

In December 2004 parliament adopted legislation calling for the establishment of judicial police, who were to take direction from prosecutors during investigations. The judicial police had not been established at year's end.

A civil defense force known as the village guards was less professional and disciplined than other security forces and was concentrated in the southeast. The village guards were accused repeatedly of drug trafficking, rape, corruption, theft, and other human rights abuses. Inadequate oversight and compensation contributed to this problem, and in some cases Jandarma allegedly protected village guards from prosecution. Although the security forces were generally considered effective, the village guards, Jandarma, and police special teams were viewed as those most responsible for abuses. Corruption and impunity were serious problems.

Courts investigated many allegations of abuse and torture by security forces during the year; however, they rarely convicted or punished offenders (see section 1.e.). When courts did convict offenders, punishment generally was minimal and sentences were sometimes suspended. Authorities typically allowed officers accused of abuse to remain on duty and, in some cases, promoted them during their trial, which often took years.

The TNP and Jandarma received specialized training in a number of areas, including human rights and counterterrorism. The armed forces emphasized human rights in training for officers and noncommissioned officers.

During the first 6 months of the year, prosecutors opened trials against 1,337 security personnel and other public officials on torture or abuse charges. During that period courts reached final verdicts in 531 torture and abuse cases begun in previous years, convicting 232 defendants and acquitting 1,005. Of the convicted officials, 30 were given jail terms, 32 were fined, 7 were jailed and fined, and 163 were subject to other punishments. >br />
Authorities issued administrative punishments, including suspensions and salary cuts, to three police officers for abuse during the year through November."

Document(s): Open document

24.02.2006 - Source: Radio Free Europe/Radio Liberty

Mardin: 5 suspected Kurdish rebels, reportedly members of PKK, killed in shoot-out with security forces ("Turkish Troops Kill Five Kurdish Rebels") [#45067],  [ID 14390]

Document(s): Open document

29.11.2005 - Source: Radio Free Europe/Radio Liberty

2 soldiers suspected of involvement in 9 November bombing attack on Kurdish bookstore arrested and charged ("Turkey Arrests Two Paramilitaries Over Kurdish Bombing") [#39871],  [ID 14391]

Document(s): Open document

18.11.2005 - Source: Amnesty International

Hakkari: Civilian killed and others injured in bomb explosion at bookshop in Semdinli ("Bombing in Semdinli: How high up does it go?") [#39418],  [ID 14392]

Document(s): Open document

16.11.2005 - Source: BBC News

Hakkari: 4 people killed and several injured in clashes between riot police and Kurdish protesters; protests were sparked by bomb at bookstore in Semdinli ("Several killed in Turkish clashes") [#39356],  [ID 14393]

Document(s): Open document

11.11.2005 - Source: BBC News

Hakkari: 5 civilians injured by police during clashes sparked by explosion in local bookstore, which killed 1 person ("Turkish Kurds riot after bombing") [#39116],  [ID 14394]

Document(s): Open document

25.05.2005 - Source: Amnesty International

Persecution of security officials ("Annual Report 2005") [#32304],  [ID 14395]

"Es fehlte an wirksamen Mechanismen zur Überwachung der Einhaltung der Haftbestimmungen und zur Untersuchung von wiederkehrenden Arten der Misshandlung von Gefangenen durch die Sicherheitskräfte. Die staatlichen Menschenrechtsgremien auf Provinz- und Regionalebene gewährleisteten keine effektiven Ermittlungen zur Aufklärung von Beschwerden über Folterungen und Misshandlungen und wiesen auch nicht die erforderliche Unparteilichkeit und Unabhängigkeit auf.

Untersuchungen von Folter- und Misshandlungsvorwürfen durch die Strafverfolgungsbehörden waren selten angemessen und endeten häufig mit der Entscheidung, kein Strafverfahren zu eröffnen. Die mangelnde Gründlichkeit solcher Untersuchungen ließ Zweifel an deren Unparteilichkeit aufkommen. Die Entscheidungen gründeten sich zudem oftmals auf medizinische Untersuchungen der Häftlinge, welche gleichfalls unzureichend waren und häufig trotz ausdrücklichen Verbots im Beisein von Angehörigen der Sicherheitskräfte vorgenommen wurden. In der Regel ließen Ermittlungen und Gerichtsverfahren auch eine Überprüfung der Befehlsstrukturen vermissen, um Verantwortlichkeiten auszumachen. Beschuldigte Behördenvertreter wurden oft für die Dauer der Ermittlungen nicht vom Dienst suspendiert.

Verfahren gegen der Folter oder Misshandlung verdächtigte Personen zogen sich vielfach derart in die Länge, dass in einigen Fällen Strafverfolgungsmaßnahmen wegen Überschreitung der Verjährungsfrist eingestellt werden mussten.

Am 10. November hielt das Berufungsgericht das Urteil gegen einen Polizeibeamten wegen seiner Beteiligung am Tod des Gewerkschafters Süleyman Yeter aufrecht, der im März 1999 an den Folgen der Folter im Polizeigewahrsam gestorben war. Die gegen den Polizisten verhängte zehnjährige Gefängnisstrafe wurde wegen »guter Führung« auf vier Jahre und zwei Monate verkürzt, von denen er lediglich 20 Monate verbüßen muss. Das Verfahren gegen neun weitere Polizisten, die ebenfalls beschuldigt wurden, im Jahr 1997 Süleyman Yeter sowie 14 weitere Häftlinge gefoltert zu haben, musste mit Ablauf der Verjährungsfrist am 11. November eingestellt werden.

Am 2. Dezember wurde der Prozess gegen vier Polizisten, die sich wegen sexueller und anderweitiger Folterungen von zwei Schülerinnen im März 1999 in Iskendurun verantworten mussten, zum inzwischen 30. Mal verschoben, obwohl medizinische Gutachten die Foltervorwürfe erhärteten. Eines der beiden Mädchen, Fatma Deniz Polattaş, blieb wegen Mitgliedschaft in der PKK auf der Grundlage von Aussagen, die unter Folterungen erzwungen worden sein sollen, in Haft.

Personen, die wegen exzessiver Gewaltanwendung bei Festnahmen und Demonstrationen Beschwerde gegen die Polizei einreichten, wurden anschließend häufig des »Widerstands gegen einen Behördenvertreter durch körperlichen Einsatz, Gewalt oder Drohungen« beziehungsweise des Verstoßes gegen das Gesetz Nr. 2911 über Versammlungen und Demonstrationen angeklagt.

Bei einer Demonstration am 12. April in Ankara festgenommene Studenten wurden dem Vernehmen nach von Angehörigen der Bereitschaftspolizei misshandelt, die übermäßige Gewalt einsetzten, um die Teilnehmer auseinander zu treiben und in Haft zu nehmen. Auf der Polizeiwache und im Gerichtsgebäude sollen die Studenten weiter misshandelt worden sein. Der mit dem Fall betraute Vorsitzende Richter ignorierte die Misshandlungsvorwürfe der Studenten, erhob gegen sie Anklage wegen Verstoßes gegen das Versammlungs- und Demonstrationsgesetz und ordnete ihre vorläufige Freilassung an."

Document(s): Open document
Open document

25.05.2005 - Source: Amnesty International

Killings of security officials ("Annual Report 2005") [#32304],  [ID 14396]

"Die Sicherheitskräfte erschossen im Berichtszeitraum nach vorliegenden Meldungen bis zu 21 Zivilisten, viele von ihnen in den südöstlichen und östlichen Provinzen des Landes. In der Mehrzahl der Fälle sollen die Opfer nach Darstellung der Sicherheitskräfte dem Befehl stehen zu bleiben nicht nachgekommen sein.

Şiyar Perinçek, ein vermeintliches Mitglied von Kongra Gel, wurde am 28. Mai in der Stadt Adana von einem Polizeibeamten in Zivil angeschossen, nachdem man ihn von seinem Motorrad heruntergestoßen hatte. Augenzeugen gaben an, der Polizist habe ohne Vorwarnung das Feuer auf den unbewaffneten Mann eröffnet. Şiyar Perinçek erlag zwei Tage später im Krankenhaus seinen Schussverletzungen. Der Fahrer des Motorrads, Nurettin Baçşı, wurde festgenommen und dem Vernehmen nach gefoltert. Am 4. Oktober mussten sich drei Polizisten wegen der »Misshandlung« von Nurettin Baçşı vor Gericht verantworten, ein weiterer wurde der »unabsichtlichen Tötung« von Şiyar Perinçek angeklagt. Laut Anklageschrift soll er erst geschossen haben, nachdem Şiyar Perinçek auf ihn gefeuert hatte. Das Verfahren war bei Jahresende noch nicht abgeschlossen.

Am 21. November erschossen Polizisten Mehmet Kaymaz und seinen zwölfjährigen Sohn Uğur vor ihrem Haus in Kızıltepe. Die Behörden behaupteten, bei den Getöteten habe es sich um bewaffnete Mitglieder von Kongra Gel gehandelt, die auf die Polizisten geschossen und diese gezwungen hätten, das Feuer zu erwidern. Zeugen berichteten hingegen, dass die beiden extralegal hingerichtet worden seien und man ihnen die Waffen nachträglich untergeschoben habe."

Document(s): Open document
Open document

03.2005 - Source: Amnesty International

Killings under unclear circumstances ("Anliegen in Europa und Zentralasien Juli-Dezember 2004: Türkei") [#32532],  [ID 14397]

"Es gab viele Fälle der Erschießung von Zivilisten durch Sicherheitskräfte, die sich zumeist in den Provinzen im Südosten und Osten ereigneten. Bei manchen Vorfällen behaupteten die Sicherheitskräfte, dass die Opfer Mitglieder einer bewaffneten Gruppe waren und auf sie geschossen hätten, als sie zum Anhalten aufgefordert wurden. Dem wurde häufig von Augenzeugen widersprochen, die behaupteten, es habe sich um außergerichtliche Hinrichtungen gehandelt. Es wurden Besorgnisse darüber bekannt, dass in von Staatsanwälten eröffneten Verfahren nur die Aussagen der beschuldigten Beamten berücksichtigt wurden.

Am 21. November 2004 erschossen Polizisten Mehmet Kaymaz und seinen 12-jährigen Sohn Uğur außerhalb ihres Hauses in Kızıltepe. Die Behörden behaupteten, sie seien bewaffnete Mitglieder der bewaffneten Gruppe Kongra Gel gewesen und hätten auf Polizisten geschossen, die das Feuer erwiderten. Zeugen behaupteten hingegen, dass es sich um eine außergerichtliche Hinrichtung gehandelt habe und dass die Waffen erst nach ihrer Tötung zu den beiden Opfern gelegt worden seien. Gegen vier Polizisten wurde ein Verfahren wegen des Einsatzes übermäßiger Gewalt eröffnet. Die Rechtsanwälte der Familie beklagten jedoch, die Anklage sei teilweise zugunsten der Angeklagten voreingenommen gewesen und habe wichtige Informationen nicht berücksichtigt, welche die Vorwürfe wegen außergerichtlicher Hinrichtung stützten. Die Polizisten erhielten bis zum Beginn des Verfahrens Haftverschonung. Sie blieben weiter im aktiven Dienst und wurden nur auf andere Posten versetzt.

Forderungen der Parlamentarischen Menschenrechtskommission nach Kopien der Autopsieberichte und der Anklage wurden von dem Staatsanwalt in Mardin mit dem Hinweis auf “Geheimhaltung” zurückgewiesen. Am 30. November 2004 wurde der Schäfer Fevzi Can von einem Gendarmen im Kreis Şemdinli in der Provinz Hakkari erschossen, weil er angeblich die Stop-Warnung nicht befolgt habe. Menschenrechtsorganisationen erklären, dass er unbewaffnet gewesen sei."

Document(s): Open document

28.02.2005 - Source: US Department of State

Security forces committed a number of unlawful killings ("Country Report on Human Rights Practices 2004") [#29519],  [ID 14398]

"There were no known political killings; however, there were credible reports that security forces committed a number of unlawful killings. Police, Jandarma, and soldiers killed a number of persons, particularly in the southeast and east, for allegedly failing to obey stop warnings. The Human Rights Foundation (HRF) estimated that there were 18 killings by security forces between January and September, including shootings by village guards and border patrols. For example, in August, security forces in Van Province shot and killed Senol Kizil after he allegedly failed to heed a stop warning. In November, Jandarma officers shot and killed Fevzi Can in Hakkari Province, also alleging that he failed to heed a stop warning. One officer was arrested in the case and was awaiting trial at year's end. HRF estimated there were 43 killings by security forces in 2003.

The courts investigated most alleged unlawful killings by security forces; however, the number of arrests and prosecutions in such cases remained low compared with the number of incidents, and convictions remained rare (see Section 1.d.).

In May, Adana police shot and killed Siar Perincek after he allegedly ignored a stop warning and shot at police. However, three human rights organizations-–HRF, the Human Rights Association (HRA), and Mazlum-Der–-and the Confederation of Public Sector Trade Unions conducted a joint investigation and concluded that the evidence indicated police shot Perincek at close range while he was lying on the ground unarmed. The organizations also stated that police apparently tortured two men who were detained in the incident. Prosecutors charged one police officer with manslaughter and two others with torture; their trials began in October and were ongoing at year's end.

In November, Mardin police shot and killed Ahmet Kaymaz and his 12-year-old son in front of their home in Kiziltepe. Security officials alleged that Kaymaz and his son were planning a terrorist attack and had fired on police; however, a number of witnesses reportedly denied those claims. HRA representatives investigated the incident and stated that the victims had been shot at close range and there was no evidence they had exchanged fire with police. A parliamentary subcommittee also concluded there was no evidence that the victims had fired at police. Prosecutors opened a case against four police officers involved in the incident. Legal proceedings continued at year's end."

Document(s): Open document

28.02.2005 - Source: US Department of State

Rarity of convictions and generally light sentences in torture cases contradicted the Government's official policy of zero tolerance for torture ("Country Report on Human Rights Practices 2004") [#29519],  [ID 14399]

"During the year, prosecutors opened trials against 2,395 security personnel on torture or ill-treatment charges. Through September, courts reached final verdicts in 625 torture and ill-treatment cases begun in previous years, convicting 345 defendants and acquitting 1,094. Seven security officers received short suspensions from duty during the year for ill-treatment.

Courts investigated many allegations of ill-treatment and torture by security forces; however, they rarely convicted or punished offenders. When courts did convict offenders, punishment generally was minimal; monetary fines did not keep pace with the rate of inflation, and sentences were sometimes suspended. The rarity of convictions and generally light sentences in torture cases contradicted the Government's official policy of zero tolerance for torture. Authorities typically also allowed officers accused of abuse to remain on duty and, in some cases, promoted them during their trial, which often took years.

Administrative and bureaucratic barriers impeded prosecutions and contributed to the low number of torture convictions. Under the law, courts could not convict unless a defendant attended at least one trial session. Police defendants sometimes failed to attend hearings in order to avoid conviction; prosecuting attorneys claimed courts failed to make serious attempts to locate such defendants, even in cases where the defendants received salary or pension checks at their home address.

In separate decisions in March and September, an Ankara court convicted five police defendants in the 1991 Birtan Altinbas death-in-detention case and sentenced them each to 4 years and 5 months in prison. The court acquitted five codefendants. In November, the High Court of Appeals overturned the verdict on the grounds that the sentences were too lenient, sending the case back to the lower court."

Document(s): Open document

28.02.2005 - Source: US Department of State

Human Rights training for Police and Jandarma ("Country Report on Human Rights Practices 2004") [#29519],  [ID 14400]

"The TNP and Jandarma were effective and received specialized training in a number of areas, including human rights and counterterrorism. The armed forces emphasized human rights in training for officers and noncommissioned officers. Noncommissioned police officers received 2 years of training.

The Government's Ten Year Human Rights Education Committee held regional seminars to educate civil servants and others on human rights problems. Regional bar associations and the EU held training seminars with police, judges, and prosecutors across the country, focusing on EU human rights standards. The Justice and Interior ministries conducted numerous training programs for law enforcement and security officials, judges, and prosecutors on recent legal reforms and European Court of Human Rights (ECHR) case law."

Document(s): Open document

28.02.2005 - Source: US Department of State

Trials against security officials, police officers and village guards ("Country Report on Human Rights Practices 2004") [#29519],  [ID 14401]

"According to the HRF and press reports, four trials in cases of past alleged killings by security officials ended during the year, resulting in nine acquittals and no convictions. Civilian judges transferred cases against six soldiers to military courts.

Court proceedings continued in the trial of 10 village guards arrested in connection with the 2002 killing of 3 internally displaced persons (IDPs) returning to their homes in Ugrak village. One defendant remained in detention during the trial while the others were released pending a verdict.

In November, the High Court of Appeals upheld the conviction of a police officer charged with the 1999 death in detention of trade unionist Suleyman Yeter and sentenced the officer, Mehmet Yutar, to 4 years and 2 months in prison. According to the law under which convicts serve a portion of their sentences, Yutar would spend 1 year and 8 months in prison. A second officer charged in connection with the death, Ahmet Okuducu, failed to attend the trial; the court issued a warrant for his arrest. In November, an Istanbul court closed a separate trial of four police officers charged with torturing Yeter (see Section 1.c.).

In April, a prosecutor in Mus Province opened a case against seven village guards in connection with the 1994 killing of Ramazan Oznarci. The case continued at year's end."

Document(s): Open document

15.02.2005 - Source: Council of Europe - European Commission against Racism and Intolerance

ECRI: improvement in human rights training of law enforcement officials; Kurds still vulnerable to ill-treatment ("Third report on Turkey: Adopted on 25 June 2004 and made public on 15 February 2005 [CRI(2005) 5]") [#30573],  [ID 14402]

"Conduct of law enforcement officials

105. In its second report ECRI recommended that the Turkish authorities improve the mechanisms for dealing with complaints of ill-treatment on the part of law enforcement officials, by setting up, for example, an independent committee to investigate allegations of this kind. It also recommended that the Turkish authorities maintain and step up their efforts in the field of human rights training.

106. Some steps have been taken to tackle the problem of violence and ill-treatment on the part of the police. They include a reduction in the length of time spent in custody and some improvement in conditions of detention. Ministerial circulars have been issued, reminding law enforcement agencies that ill-treatment and the use of torture are strictly forbidden. This prohibition is regularly reiterated in public by the authorities. Allegations of ill-treatment and torture fall into the category of matters that call for urgent and priority legal proceedings. Since 11 January 2003, furthermore, sentences handed down to law enforcement officials for ill-treatment or torture can no longer be commuted to fines or suspended. A centre responsible for examining and assessing human rights abuses in the gendarmerie was set up on 23 April 2003. ECRI notes that there are several bodies which, alongside prosecutors, can receive complaints of human rights violations, including in cases where the alleged perpetrators are law enforcement officials10. These bodies, however, are not independent and have insufficient powers of investigation and sanction. The Turkish authorities have informed ECRI that they have improved training for law enforcement officials in human rights and the case-law of the European Court of Human Rights11.

107. ECRI welcomes progress made by Turkey in recent years in combating torture and impunity12. It expresses concern however at continuing allegations of ill-treatment and in some cases torture, particularly during custody. According to several sources, the Kurds are particularly vulnerable to ill-treatment, especially Kurdish women who are doubly discriminated against in this area, in that they are subjected to sexual violence firstly because of their ethnic origin and secondly because of their gender13. Further progress is therefore needed, in particular when it comes to implementing the new rules to protect human rights and changing the attitudes of law enforcement officials."

Document(s): Open document

07.07.2004 - Source: World Organisation Against Torture

Cases of violence at the hands of state agents ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 14403]

"Yüksel Zengin, Gülbahar Topdemir, and Leyla Narin
Yüksel Zengin, Gülbahar Topdemir, and Leyla Narin reported to the Human Rights Association Diyarbakır Branch that they were tortured in detention. Ms Zengin reported that she was taken to an outdoor place where she was beaten by the police. Ms Topdemir reported that she was threatened with rape and beaten. She also complained that she was forced to listen music with high volume under detention. Ms Narin reported that her eyes were bowed, her throat was squeezed and she was electrocuted while she was detained.

Fahriye Kaya, Ibrahim Kaya ve Yasar Simsek
On 16 January 2002 in the Silvan District of the Diyarbakir province, Ms Fahriye Kaya, who was detained following a house raid resulting in the deaths of two persons, reported to the Diyarbakır Branch of the Human Rights Association that she was threatened with rape and beaten while in detention. She also said that her eyes were bowed during detention. She still remains in prison.

Pelin Çalıskan
A representative of a journal called Atilim, Ms Pelin Çalıskan was detained on 3 March 2002 in Bursa and she reported that she was tortured both physically and psychologically.

M.I.
M.I. who was detained on 7 March 2002 in Diyarbakır reported to the Diyarbakır Branch of the Human Rights Association that she was subject to violence during detention: She stated: After being taken in custody in the District I was brought to the Directorate for Security in Diyarbakır and put in a cell. After one hour, I was taken to the interrogation room blindfolded. In the interrogation room, they were hitting my head. They were threatening me by saying that “let’s undress her and show to the Commander, let’s rape her then she should not be able to get married.” I 369 was subject to this sort of treatment during four days. I was forced to sign a paper while blindfolded. I was to faint. On the fourth day, I was taken to the Emergency Service of the State Hospital in Diyarbakir. I was later taken to the prosecutor’s office and was released.”

E.A.
Ms E.A. who was detained on 10 April 2002 and released on 12 April 2002 reported the following to the Diyarbakır Branch of the Human Rights Association: “As soon as I was detained, I was taken to the Health Centre. A nurse searched on me. When I told her that I have faint problems she took the note. From the health centre I was taken to the Gendarmerie station in Ba?ıvar. Four gendarmerie personnel took my statement. During the interrogation they were continuously swearing, and threatening me with torture. I was at the same time being hit systematically. Later, I was taken to a cell. They have not provided any meal. I was referred to the prosecutor’s office on 12 April and I was released.

H.T.
Ms H.T., who was arrested on the grounds of being member of the PKK, reported to the Legal Aid Office of Sexual Abuse and Rape Project that she was subject to torture during four days of detention. She reported that she was undressed, blindfolded, her vagina was watered. She also added that she was forced to sit on feces in the toilet. She was also sexually abused with hands.

Gülden Sönmez and Sevim Aniktar,
Two women lawyers who are members of the Istanbul Bar Association, Gulden Sonmez and Sevim Anitkar, were subject to attacks and maltreatment by the prison manager and guardians in Metris Prison in ?stanbul. It was reported that these two lawyers went to the Prison to see their clients who were tortured in police detention before being sent to prison. After identifying that their clients were tortured, they asked the Prison management to refer them to the Forensic Medicine Department to get the report on the torture. Upon their request, the Prison manager and guardians attacked and hit them."

Document(s): Introduction and Contents
Cover Turkey

25.02.2004 - Source: US Department of State

Continued cases of torture, beatings, and other abuse by security forces ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 14404]

"The Constitution prohibits such practices; however, some members of the security forces continued to torture, beat, and otherwise abuse persons regularly. Leftists and Kurdish rights activists were more likely than others to suffer torture. Despite the Government's cooperation with unscheduled foreign inspection teams, public pledges by successive governments to end the practice, and initiatives to address the problem, widespread reports of torture continued, particularly in the southeast.

HRF estimated there were approximately 920 credible applications by torture victims at its 5 national treatment centers during the year, compared with 965 in 2002. These figures did not necessarily reflect trends in the use of torture. The reports included complaints stemming from previous years' incidents. Human rights advocates claimed that hundreds of detainees were tortured during the year in the southeast, where the problem was particularly serious, but that only 5 to 20 percent reported torture because they feared retaliation or believed that complaining was futile.

In June, Gulbahar Gunduz, member of the DEHAP Women's Wing in Istanbul, said she was tortured and raped by four men identifying themselves as police officers. The case was under investigation at year's end. In April, Ruhsel Demirbas, Ugur Atilgan and Senol Budak held a press conference in Istanbul in which they claimed police beat them, deprived them of sleep, and repeatedly threatened to kill them after arresting them for hanging anti-war placards.

Human rights observers said that, because of reduced detention periods, security officials mostly used torture methods that did not leave physical traces, including repeated slapping; exposure to cold; stripping and blindfolding; food and sleep deprivation; threats to detainees or family members; dripping water on the head; squeezing of the testicles; and mock executions. They reported a significant reduction over past years in methods such as electric shocks, high-pressure cold water hoses, beatings on the soles of the feet (falaka) and genitalia, hanging by the arms, and burns. The Human Rights Association (HRA) reported that women detainees were sometimes subject to rape, including vaginal and anal rape with truncheons, and sexual harassment.

Female detainees sometimes faced sexual humiliation and, less frequently, more severe forms of sexual torture. After being forced to strip in front of male officers, female detainees were sometimes touched, insulted, and threatened with rape.

Human rights attorneys and physicians who treated torture victims said torture generally occurred during police or Jandarma detention before detainees appeared in court. Because the arresting officer was responsible for interrogating a suspect, officers sometimes resorted to torture to obtain a confession that would justify the arrest. In one example, the European Roma Rights Center reported that, in February, police in Edirne beat and tortured with electric shocks a 14-year-old Romani boy suspected of stealing a wallet (see Section 5).

Although the law prohibits evidence obtained under torture from being used in court, in practice prosecutors rarely followed up on detainees' allegations of torture. When prosecutors did follow up on such allegations, the detainee's trial often proceeded, and was sometimes completed, before the start of the torture trial. Treatment of those arrested for ordinary crimes (who were sometimes beaten until they gave a confession) and those arrested for "political" crimes reportedly differed. Observers said that security officials often tortured political detainees to intimidate them and send a warning to people with certain political views.

State-employed doctors administered all medical examinations of detainees. Examinations occurred once during detention and a second time before either arraignment or release; however, the examinations generally were brief and informal. According to the Society of Forensic Medicine Specialists, only approximately 250 of 80,000 doctors in the country were forensic specialists, and most detainees were examined by general practitioners and specialists not qualified to detect signs of torture. Some former detainees asserted that doctors did not conduct proper examinations and that authorities denied their requests for a second examination.

Unlike in past years, the Turkish Medical Association recorded no cases of doctors being harassed, charged with a crime, or reassigned for reporting torture. However, in June, Izmir police raided a Medical Association training seminar in which doctors were being trained in the detection of latent signs of torture. Police told participants they would be investigated, but the Governor canceled the case, according to the Association.

In September, the parliamentary Human Rights Committee reported that doctors in Izmir were signing reports indicating detainees had not been tortured without examining the detainees. The Committee stated that, in some cases, the same detainees were later taken to a hospital where doctors reported signs of torture.

A Justice Ministry regulation requires doctor-patient privacy during the examination of suspects, except in cases where the doctor or suspect requests police presence for security reasons. However, the Society of Forensic Medicine Specialists reported that security officials often remained in the room despite objections, although this occurred less often than in past years. According to the Medical Association and human rights observers, the presence of a security officer could lead physicians to refrain from examining detainees, perform cursory examinations and not report findings, or to report physical findings but not draw reasonable medical inferences that torture occurred. In October, the Council of State annulled a provision requiring that copies of detainees' medical examinations be sent to police authorities.

The law mandates heavy jail sentences and fines for medical personnel who falsify reports to hide torture, those who knowingly used such reports, and those who coerce doctors into making them. The highest penalties are for doctors who supply false reports for money. In practice, there were few prosecutions for violation of these laws. The Medical Association had the authority to levy fines and suspend for up to 6 months the licenses of doctors who falsified reports. However, Association officials said they were unable to enforce these sanctions because most doctors worked at least partly for the Government, which protected the doctors from sanctions.

The investigation, prosecution, and punishment of members of the security forces for torture or other mistreatment was rare, and accused officers usually remained on duty pending a decision, which could take years (see Section 1.d.).

A Prime Ministry directive requires prosecutors to make unscheduled inspections of detention facilities to look for torture and other maltreatment and to report inspection results to the Prime Minister. Although the Ministry of Interior reported that thousands of such inspections took place, human rights advocates and some prosecutors termed the inspections cursory and unlikely to lead to criminal charges against the police.

By the end of October, authorities had initiated judicial proceedings in 8 cases involving torture allegations and 107 involving maltreatment allegations against police (see Section 1.d.). Of these, courts ruled for conviction in one case and for acquittal in two cases. Authorities dropped 64 cases and continued to try 48 cases.

During the year, 93 police officers received administrative punishments, such as short suspensions, for torture or maltreatment.

In September, an Interior Ministry commission dismissed Adil Serdar Sacan as chief of the Organized Crime Department of the Istanbul Security Directorate because of complaints filed against him by alleged torture victims.

In April, an appeals court unanimously upheld the October 2002 Manisa Penal Court conviction of 10 police officers for torture. By July, all of the officers had turned themselves in to authorities. The officers were sentenced to prison terms ranging from 60 to 130 months; according to the Prosecution Law, under which convicts serve a portion of their sentences, they were expected to spend from 24 months to 52 months in prison. The high-profile case involved 16 youths tortured in police detention in 1996.

During the year, the case of five police officers convicted in 2002 for the 1996 torture of nine detainees, including journalists from the leftist newspaper "Atilim," was closed without a verdict when the case, which was being appealed, expired under the statute of limitations.

The trial continued in the case of 10 police officers charged for the death in detention of Birtan Altinbas, who died in police custody in Ankara in 1991. The trial had been subject to repeated procedural delays, including due to the court's inability to locate some of the defendants. The statute of limitations for the charges is scheduled to expire in February 2006, at which time the case will be dropped if there is no verdict.

During the year, the ECHR ruled against the country in one case involving torture and eight cases involving inhuman or degrading treatment.

Police harassed, beat, and abused demonstrators (see section 2.b.).

Due to the conflict with the PKK/KADEK/KHK, the Government continued to organize, arm, and pay a civil defense force of about 60,000, mostly in the southeast region. This force, known as the village guards, was reputed to be the least disciplined of the security forces and continued to be accused repeatedly of drug trafficking, rape, corruption, theft, and human rights abuses. Inadequate oversight and compensation contributed to this problem, and in some cases Jandarma allegedly protected village guards from prosecution. In addition to the village guards, Jandarma and police "special teams" were viewed as those most responsible for abuses. DEHAP officials claimed that security forces in July publicly displayed the bodies of two slain PKK/KADEK militants in the town of Baskale in Van Province. However, the incidence of credible allegations of serious abuses by security forces in operations against the PKK/KADEK/KHK was low.

Prison conditions remained poor. Underfunding and poor administration of penal facilities remained problems. HRF maintained that the Government provided insufficient funding for prison food, resulting in poor-quality meals. According to HRF, food sold at prison shops was too expensive for most inmates, and there was a lack of potable water.

There were reports that prison guards beat children in detention. In September, the parliamentary Human Rights Committee reported that Committee members investigated conditions at the children's ward of Aydin Prison and found that all the children had visible injuries and many claimed to have been tortured. A child held in solitary confinement told the Committee he had requested an isolation cell because some of the children in the ward were raping others.

At year's end, a court decision had not been reached in the case of 38 employees of Bakirkoy Prison for Women and Children who were indicted in December 2002 for mistreating prisoners and official misconduct.

The Government maintained that prisons were staffed with doctors, dentists, psychologists, and teachers, although there were shortages in some areas. According to the Medical Association, there were insufficient doctors, and psychologists were only available at the largest prisons. Some inmates claimed they were denied appropriate medical treatment for serious illness.

Inmates in high-security F-type prisons were permitted to socialize in groups of 10 for up to 5 hours per week. In addition, they were able to participate in communal activities. According to HRF, as of October, one prisoner continued a hunger strike to protest F-type prisons. The Government reported that the President pardoned 172 hunger strikers during the year. Two prisoners on hunger strike died during the year, bringing total deaths to 107 since the start of the strikes in 2000, according to HRF. The Government alleged that terrorist groups forced weaker members to conduct the hunger strikes and threatened family members of those who wanted to quit.

Human rights activists and attorneys for jailed PKK leader Abdullah Ocalan called on the Government to transfer Ocalan from his cell on Imrali Island in the Sea of Marmara to a mainland prison. They claimed Ocalan was being held in isolation and also said he was suffering from health problems. Relatives and attorneys were unable to visit Ocalan for 15 weeks from November 2002 to March; the Government said stormy weather grounded the boat shuttling visitors to the island. The ECHR ruled in March that Ocalan's prison conditions were not unlawful.

The trial against 1,615 persons on duty at Bayrampasi prison during the December 2001 hunger strike was ongoing at year's end. The related trial of 167 prisoners was also ongoing at year's end.

Human rights observers estimated that, at any given time, at least one-quarter of those in prison were awaiting trial or the outcome of their trial. Men and women were held separately. Despite the existence of separate juvenile facilities, at times juveniles and adults were held in adjacent wards with mutual access. According to the Government, detainees and convicts were held either in separate facilities or in separate sections of the same facility.

The Ministry of Justice, the General Directorate of Prisons, and the parliamentary Human Rights Committee regularly inspected prisons and issued reports. Prison Monitoring Boards--five-person visiting committees composed of nongovernmental experts such as doctors and lawyers–-also conducted inspections. The 130 boards conducted 522 visits, prepared 1,638 reports, and made 3,664 recommendations for improvements to the Ministry of Justice. The Government reported that it took action on some of these recommendations, but lacked the funding to respond to others, including those related to crowding and lack of resources for activities. During the year, the 140 special prison judges received 11,923 petitions relating to prison conditions and sentences; they admitted 3,659 petitions, partially admitted 319, and rejected 7,945.

Human rights groups criticized the Government's selection of Monitoring Board representatives. Medical Association officials said the Government did not consult them on Board membership and selected only government-employed doctors for the bodies. The Society of Forensic Medicine Specialists reported that only two forensic specialists served on the Boards. Some bar associations also said that their preferred candidates were not selected.

The Government permitted prison visits by representatives of some international organizations, such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT); the CPT visited in February and September, and conducted ongoing consultations with the Government. Requests by the CPT to visit prisons were routinely granted; however, domestic nongovernmental organizations (NGOs) did not have access to prisons."

Document(s): Open document

25.02.2004 - Source: US Department of State

Division of labour security services ("Country Reports on Human Rights Practices - 2003") [#19741],  [ID 14405]

"The Turkish National Police (TNP), under Interior Ministry control, has primary responsibility for security in urban areas, while the Jandarma, paramilitary forces under joint Interior Ministry and military control, carries out this function in the countryside. Although the Government completed the phased lifting of the state of emergency in the southeast in November 2002, it continued to maintain a heavy security presence in the region. There was a civil defense force known as the village guards, mostly concentrated in the southeast, which were regarded as less professional and disciplined than other security forces. Civilian and military authorities generally maintained effective control of the security forces. Some members of the security forces committed serious human rights abuses."

Document(s): Open document

15.04.2002 - Source: Council of the European Union

Netherlands delegation to CIREA: Security forces ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 14406]

"The various forces engaged in maintaining security are the police, the jandarma, the army and the village guards. There is also an intelligence service: the MIT (Milli Istihbarat Teskilati – National Intelligence Organisation)."

Document(s): Open document