Human Rights Watch: Ergenekon Trial an Oppportunity

In its World Report 2009, the Human Rights Watch organisation (HRW) has evaluated the state of human rights worldwide in 2008. The chapter on Turkey evaluates the attempt to close the ruling Justice and Development Party (AKP ), arguing that the political crisis has led to a stalling of human rights reforms.

According to the organisation, there has been a rise in torture and maltreatment in the past year.

No new constitution

HRW drew attention to the fact that the AKP has not kept its promise of a new constitution. It added that despite the worsening of the human rights situation, rights activists and journalists are not giving up their opposition, thus facing prosecution.

Impunity for security forces

Under the heading “impunity”, HRW criticises Turkey for leniency towards security forces, as well as a lack of progress in a court case against security forces who killed 30 prisoners during prison transfers in 2000. It also pointed out that the two gendarmerie officers convicted of bombing a bookshop in Şemdinli, Hakkari (southeast Turkey), have been released after a retrial.

Ergenekon trial an opportunity

Speaking of the Ergenekon trial which started on 20 October 2008, the organisation said:

"While there are doubts that the criminal justice system is sufficiently empowered or independent to deal effectively with the case, it provides an unprecedented opportunity for Turkey to confront the negative role in political life played by elements of the military and the state."

Police violence and impunity are worrying

The HRW has pointed to an increase in police violence and says that the use of excessive force during demonstrations and deaths from police shootings have taken on worrying dimensions, particularly since these rights violations often remain unpunished. The report particularly mentions Newroz demonstrations and police violence on 1 May.

Criticising party closure attempts

Touching on the attempts to close the AKP, HRW said:

"The European Union and Council of Europe warned that closure of the party on the basis of the evidence presented would be a major blow to democracy."

As for the attempts to close the pro-Kurdish Democratic Society Party (DTP), the organisation pointed to a precedent when the court ruled against closing the pro-Kurdish Rights and Freedoms party: "Statements about the Kurdish problem fall within the boundaries of free speech."

Other issues the report discusses:

Dink murder: “At this writing, there has yet to be a breakthrough in uncovering a conspiracy behind the killing. Reports by the Parliamentary Human Rights Investigative Commission in July, and by the Prime Ministry Inspectorate in November point to multiple failures by state authorities to act on intelligence reports about plans to murder Dink, and support the Dink family lawyers' demand for criminal investigation of the Trabzon and Istanbul police. At this writing, the trial of two junior Trabzon gendarmerie members is ongoing, and permission has been granted for criminal investigation of six other gendarmerie members.”

Article 301: The government is criticised for making “cosmetic changes” to the article which deals with “denigration of Turkishness”. Furthermore, the Ministry of Justice has given permission for several cases to be tried under the article.

Rights activists: HRW focused on two cases of members of the Human Rights Association (HRA). “Ethem Açıkalın, chair of HRA's Adana branch, spent six months in pretrial detention following his arrest in January for "aiding and abetting an illegal organization" after attending a press conference organized by a legal political group. His prior 30-month sentence for speech-related offenses is under appeal at this writing. Rıdvan Kızgın, former chair of HRA's Bingol branch, is currently serving two-and-a-half years for "concealing evidence" in the 2003 killing by unknown perpetrators of five villagers. A related five-year sentence against him for "aiding and abetting an illegal organization" is currently under appeal.”

Gay rights: HRW states that the fact that an Istanbul court has ordered the closure of Lambda Istanbul, an organisation representing lesbians, gays, bisexuals and transgender people, shows the hostile environment this community faces.

European Court of Human Rights (ECHR): “At this writing, the European Court of Human Rights has issued 210 judgments against Turkey in 2008 for torture, extrajudicial execution, unfair trial, and other violations. In the November Grand Chamber judgment in Demir and Baykara v. Turkey-of major significance for furthering workers' rights in Turkey and across Europe-the court held that interference in the right of municipal civil servants to unionize and the cancellation of a collective bargaining agreement violated the rights of freedom of assembly and association under the European Convention.” (TK/AG)