Reports

This report investigates if the acts of torture and the abductions, as described in the other reports presented to the Turkey Tribunal, can be qualified as crimes against humanity, according to the Rome Statute and the case law of the International Criminal Court (ICC).

This report aims to provide an answer to the key questions addressed to the Turkey Tribunal about abductions. These questions are: can we, taken into account the reports and the testimonies produced before the tribunal, conclude that abductions again are a part of the action of the state towards opposing persons and that no serious inquiry is organized about these facts?

This analysis will allow us to answer two important questions: Can Turkey currently be considered a country within which a sufficient degree of freedom of the press and freedom of expression is guaranteed, so it can follow the standards of a functioning democracy? Can the decisions taken by the Turkish government still be considered as a reaction linked to the “coup d’état” or do they need to be evaluated as a way to “destroy” the voices and/or organisations critical of the government?

Sümeyye Yılmaz, Fatma Betül Zeybek, Aycan Kaya, Zehra Genç Türkmen, Nilüfer Irmak, Mikail Ugan, and Nuray Tunç filed applications with the Human Rights Center of the Ankara Bar Association on 25.04.2019, 03.05.2019, 13.05.2019, 17.05.2019, 24.05.2019, 14.05.2019, and 29.08.2019 respectively, and lawyers that are member to the Human Rights Center of the Ankara Bar Association recorded these applications. The preliminary review has revealed that the allegation of enforced disappearance under the knowledge and authorization of public officers indicates a structural problem, and these applications in fact play a critical role in the fight given to protect human rights since it is possible that the right to live and prohibition on ill-treatment might have been violated.

The final aim of the report is to answer the two following questions.1) Can we evaluate the judiciary system of Turkey as corresponding to internationally protectedstandards of independence and impartiality?2) Can we evaluate the judicial system of Turkey as ensuring full access to justice and effectivejudicial protection in case of human rights violations?

This report addresses the persistent problem of impunity in Turkey in respect of serious human rights violations committed by state officials. More particularly, it aims to provide answers to two overarching questions: I. Is there an internal system of preventing and monitoring torture or mistreatment, and if yes, how does it function in reality? II. Is there an efficient system of sanctioning possible torture or mistreatment, or can we speak of an organised impunity towards torture or mistreatment against people held in detention?

This report aims to provide an answer to the key questions addressed to the Turkey Tribunal about torture. These questions are: Who are the targeted groups? What is the purpose and the motivation of the perpetrators? Is there a pattern in the way torture is inflicted? Is it being used systematically? Is it an organised practice? Is torture tolerated within the security system itself and what is the involvement at the central governmental level?

20 Temmuz 2016’da ilan edilen OHAL, görünürde 20 Temmuz 2018 tarihinde sona ermiştir. Ancak, realitede, sona erdirilmek yerine 31 Temmuz 2018 tarihinde Resmî Gazete’de yayımlanan, 7145 Sayılı “Bazı Kanun ve Kanun Hükmünde Kararnamelerde Değişiklik Yapılmasına Dair Kanun” ve bazı ilave mevzuat değişiklikleri ile sonsuza dek uzatılmıştır. Bu sebepledir ki görüntüde 20 Temmuz 2018’de sona eren ancak uygulamada halen devam eden OHAL toplumsal bir yük olarak ülke ve toplum üzerinde binmeye ve Türkiye’deki tüm kişi ve kurumları baskılamaya veya ezmeye devam etmektedir.

This report includes a summary of the report published by the Ankara Bar Association as well as domestic and international legal framework concerning torture and a consolidated list of state officials who are suspected to have ordered, facilitated, carried out concealed the torturing of former Turkish diplomats at Ankara Police HQ.

In recent years, Turkey has experienced a massive deterioration of its human rights record, judicial independence, and adherence to the rule of law. This decline began in December 2013, when two major corruption scandals surfaced, incriminating many in the inner circle of President Recep Tayyip Erdoğan. It accelerated following a coup attempt on July 16, 2016, after which the Turkish administration declared a state of emergency that allowed it to pass decrees without the approval of the legislature or judicial oversight.

The country experienced significant political changes during the year. The twoyear-long state of emergency--imposed following the 2016 coup attempt--ended July 19, but had far-reaching effects on the country’s society and institutions, restricting the exercise of many fundamental freedoms. New laws and decrees codified some provisions from the state of emergency; subsequent antiterror legislation continued its restrictions on fundamental freedoms and compromised judicial independence and rule of law.

The two-year state of emergency formally lapsed in July but was replaced with new counterterrorism legislation, approved by parliament in August. The legislation contains many measures similar to the extraordinary powers the authorities enjoyed under emergency rule. They include widening already broad powers of appointed provincial governors to restrict assemblies and movement; executive authority for three years to dismiss public officials, including judges, by administrative decision; and increased police powers including custody periods extendable for up to 12 days.

This report is the fruit of the first (baseline) evaluation procedure carried out in respect of Turkey. It covers the Istanbul Convention in its entirety and thus assesses the level of compliance of the Turkish legislation and practice in all areas covered by the convention. In light of the scope of the convention the baseline evaluation focuses on measures taken in relation to “all forms of violence against women, including domestic violence, which affects women disproportionately”. The term “violence against women” used throughout this report thus refers to all forms of violence against women criminalised (or, where applicable, otherwise sanctioned) under Chapter V of the convention, which are psychological violence, stalking, physical violence, sexual violence – including rape – forced marriage, female genital mutilation, forced abortion, forced sterilisation and sexual harassment.

The present report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) provides an overview of key human rights concerns in Turkey in the period between January and December 2017, with a focus on the consequences of the state of emergency on the enjoyment of human rights. The findings of OHCHR point to a constantly deteriorating human rights situation, exacerbated by the erosion of the rule of law.