ByTurkish Minute
July 12, 2024
Morethan 40 civil society organizations (CSOs) have submitted reports to the United Nations Committee Against Torture (CAT) detailing systematic torture practices, enforced disappearances, extrajudicial killings and widespread impunity in Turkey.
Torture in custody and prisons is a systematic problem in Turkey about which local rights groups, parliamentarians and state authorities receive hundreds of complaints every year. Earlier this year, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution that expressed concern about an increase in alleged incidents reported from Turkey in past years.
After an attempted coup in 2016, ill-treatment and torture became widespread and systematic in Turkish detention centers. Lack of condemnation from higher officials and a readiness to cover up allegations rather than investigate them have resulted in widespread impunity for the security forces.
These submissions, ahead of the committee’s 80th session, provide a comprehensive analysis of Turkey’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).
The 80th session of CAT, scheduled from July 8 to July 26, 2024, in Geneva, will address the compliance of various state parties with the Convention against Torture, examining reports from countries including Turkey, Ecuador, the Republic of Korea and Côte d’Ivoire.
Solidarity with Others, The Arrested Lawyers Initiative (TALI), the Human Rights Foundation of Turkey (HRFT) and Human Rights Watch are among the groups that submitted reports. Also among the CSOs are the Association for Monitoring Equal Rights (AMER), the Association of Lawyers for Freedom (ÖHD), the Diyarbakır Bar Association’s Center for Children’s Rights, the Institute for Diplomacy and Economy (instituDE) and the Border Violence Monitoring Network. These organizations highlight severe human rights violations in Turkey, focusing on issues such as torture, arbitrary detention and enforced disappearances.
The European Association for the Defense of Rights and Freedoms (ASSEDEL) highlights systemic torture and ill-treatment in Turkish prisons, particularly for political prisoners. The report focuses on the inhumane conditions, overcrowding, denial of medical care and arbitrary solitary confinement that political detainees face. The case of Gökhan Açıkkollu, a teacher who died in custody after being tortured, exemplifies severe abuse. Despite the UN Human Rights Committee’s ruling that Açıkkollu was tortured and the state’s failure to investigate adequately, no action has been taken against those responsible.
The Association for Monitoring Equal Rights (AMER) underscores the arbitrary arrests and detentions under Turkey’s counterterrorism laws, which have led to the imprisonment of thousands, including minors and university students. The detentions often lack a proper legal basis and serve as a tool to intimidate and suppress dissent. The report highlights the systemic targeting of individuals associated with the Gülen movement and the broader opposition.
The Diyarbakır Bar Association’s Center for Children’s Rights sheds light on the plight of detained and convicted girls in Turkey. As of May 2, 2024, there are 140 girls in correctional facilities, with 92 detained and 48 convicted. The report highlights various rights violations, including routine strip searches, restricted access to education and recreation, inadequate health care and the psychological impact of detention conditions. The lack of designated facilities for detained girls leads to gender-based discrimination and neglect of their physical and psycho-social needs.
Human Rights Watch (HRW) documents enforced disappearances and extrajudicial killings of individuals suspected of ties to the Gülen movement. The report includes cases of Turkish nationals abducted from foreign countries and forcibly returned to Turkey, where they faced torture and ill-treatment. HRW highlights the lack of effective investigations into these incidents, contributing to a culture of impunity.
Since a coup attempt in July 2016 the government of President Recep Tayyip Erdoğan has employed extra-legal methods to secure the return of its critics after its official extradition requests have been denied. The government’s campaign has mostly relied on renditions, in which the government and its intelligence agency, MİT, persuade the relevant states to hand over individuals without due process. The victims have been the subjects of a number of human rights violations including arbitrary arrests, house raids, torture and ill-treatment during these operations.
The Border Violence Monitoring Network (BVMN) presents extensive evidence of Turkey’s forcible return of refugees to their countries of origin, where they face significant risks of torture. The report details violent pushbacks at the borders with Greece, Iran and Syria, where refugees, including Syrians and Afghans, are subjected to abuse. Testimony reveals the use of excessive force, electric discharge weapons, threats and firearms to deter migrants from seeking international protection.
The Institute for Diplomacy and Economy (instituDE) focuses on the systematic crackdown on lawyers in Turkey, highlighting the arbitrary detention, imprisonment and harassment of legal professionals. The suppression of bar associations and the targeting of lawyers for their professional activities undermine legal safeguards against torture. The report details the torture of lawyers in police custody, emphasizing the need for independent judicial oversight.
Human Rights Watch’s submission on gender-based violence highlights the Turkish government’s failure to enforce protection orders for women facing domestic violence. Despite the high number of protection orders issued annually, the lack of effective enforcement mechanisms leaves women vulnerable to ongoing abuse. The report calls for stronger measures to protect women and ensure accountability for perpetrators.
The submission by the Arrested Lawyers Initiative to the UN Committee Against Torture, presented for its 80th session, focuses on how the systematic crackdown on lawyers in Turkey undermines legal safeguards against torture. Since the failed coup attempt in 2016, over 1,700 lawyers have been prosecuted, with at least 700 remanded to pretrial detention under broad and vague charges. This crackdown directly contravenes several articles of UNCAT, particularly those ensuring adequate legal representation and the right to a fair trial.
A joint report by the Association of Lawyers for Freedom (ÖHD), the Foundation for Society and Legal Studies (TOHAV), the Media and Law Studies Association (MLSA) and the World Organization against Torture (OMCT) highlights the inhumane conditions in removal centers. The report categorizes the conditions as ill-treatment, with access to rights largely dependent on the arbitrary attitudes of the staff. The organizations call for independent monitoring and improved oversight mechanisms to ensure humane treatment.
ASSEDEL addresses the erosion of judicial independence in Turkey, which impedes victims of torture from accessing effective judicial remedies. The report highlights the systematic targeting of judges and prosecutors perceived as opponents of the government, undermining the rule of law. The lack of independent judicial oversight allows perpetrators of torture and ill-treatment to act with impunity.
The CSOs call for the UN Committee Against Torture to address these severe human rights violations and hold Turkey accountable for its obligations under UNCAT. The reports urge the committee to recommend measures to ensure effective investigations into allegations of torture, ill-treatment, enforced disappearances and extrajudicial killings. Conducting prompt, thorough and impartial investigations, holding perpetrators accountable and providing adequate compensation to victims are essential steps.
According to the CSOs, strengthening judicial independence is crucial to guarantee the independence of the judiciary and prosecution services, ensuring they can operate without political interference. Restoring the rule of law and protecting judges and prosecutors from arbitrary dismissal or harassment is vital for maintaining judicial integrity.
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