Weapons Transfers and Violations of the Laws of War in Turkey
Human Rights Watch Arms Project
Human Rights Watch
Since 1984, the Government of Turkey has been mired in an increasingly bitter war with insurgents of the Kurdistan Workers Party (PKK). To date, the war’s toll is estimated at over 19,000 deaths, including some 2,000 death-squad killings of suspected PKK sympathizers, two million internally displaced, and more than 2,200 villages burned to the ground, most of which were destroyed by Turkish security forces. In an effort to root out PKK fighters and sympathizers from southeast Turkey, the government has adopted increasingly brutal counterinsurgency measures, in clear violation of international law. The PKK, for its part, has also systematically engaged in violations such as summary executions and indiscriminate fire. Both before and during this period, Turkey’s NATO partners have extended generous political and military support, helping Turkey to develop a formidable arms industry and supplying it with a steady stream of weapons, often for free or at greatly reduced cost. The U.S. government in particular has been deeply involved in arming Turkey and supporting its arms production capacities. Although several NATO governments have occasionally protested Turkish policies, most have continued to supply Turkey with arms. This report documents the Turkish security forces’ violations of the laws of war and of human rights, and their reliance on U.S. and NATO-supplied weapons in doing so. Drawing on investigations of twenty-nine incidents that occurred between 1992 and 1995, the report links specific weapons systems to individual incidents of Turkish violations. Supplemented by interviews with former Turkish soldiers, U.S. officials and defense experts, the report concludes that U.S. weapons, as well as those supplied by other NATO members, are regularly used by Turkey to commit severe human rights abuses and violations of the laws of war in the southeast.
Contents
Acknowledgments / vii Map of Eastern Turkey / viii
I. Summary / 1 Recommendations / 14
II. Background / 19 The Turkish-Kurdish Conflict / 19 Turkey’s Counterinsurgency Strategy / 20 Consequences of the Counterinsurgency Strategy / 26
III. Arms Transfers And Military Aid To Turkey / 28 The United States / 29 Germany / 34 The Russian Federation / 36 France / 37 Italy / 38 The Netherlands / 38 Others / 39 The Turkish Arms Industry: Joint Production / 41
IV. Turkish Security Forces: Composition, Weapons, And Responsibility For Abuses / 44 The Turkish Army / 45 The Jandarma / 50 The Police Special Forces: The Ozel Hareket Tim / 53 The Turkish Air Force / 55 The Village Guards / 55 Command and Control in the Southeast / 56
V. Case Studies / 58 Violations of the Laws of War / 59 The Weapons Used / 61 Government Attempts to Disguise the Identity of the Perpetrators / 64 The Cases / 65
VI. Abuses by the PKK / 137 PKK Arms Supplies / 141
VII. The U.S. Government and the War / 146 Official Statements / 147 Acknowledgments of Turkey's Behavior: Not for Attribution / 148 The June 1995 Report to the U.S. Congress / 154 Failure to Gain Independent Access to the Southeast / 157 Need for Turkish Investigative Bureau / 158
Appendix A The Laws of War and the Turkish/PKK Conflict / 160 The Turkish Government versus the PKK / 160 Guerrilla War / 161 The Application of Article 3 / 162 The Application of Customary Law / 163 The Application of Protocol II to the Geneva Conventions / 164 Restrictions Flowing From the Laws of War / 164 PKK Violations of Internationa) Humanitarian Law / 167
Appendix B Turkey’s Arms Inventory / 168
ACKNOWLEDGMENTS
This report was researched and written by James Ron, a consultant to the Human Rights Watch Arms Project. The report is based primarily on his field work in Turkey in June and July 1995, and on a visit to northern Iraq by a second consultant in June 1995. Chapter III on arms transfers to Turkey was researched and written by Kathleen Bleakley, research assistant for the Arms Project. The report was edited by Stephen Goose, program director of the Arms Project, and Joost Hiltermann, the Arms Project’s director, who was also responsible for oversight and guidance for the field work. Selamawit Demeke, Arms Project associate, prepared the report for publication. Human Rights Watch associate Kerry McArthur provided editorial assistance. Of the many individuals and organizations who gave guidance and support, Human Rights Watch would like to thank Yelda, an independent researcher in Istanbul, the Human Rights Foundation of Turkey and the various branches of the Human Rights Association for sharing their data and providing background information.
In Germany, special thanks are owed to Otfried Nassauer, director of the Berlin Information Center for Transatlantic Security, Hamburg television reporter Hans-Peter Weymar, Member of Parliament Angelika Beer, and Ralph Backer, all of whom shared information and insights. In the United Kingdom, special thanks are due to Dr. Franfoise Hampson of Essex University who gave invaluable legal analysis and practical guidance, to the staff at the Kurdish Human Rights Project, as well as to union activist Alain Hertzman. In New York and London, thanks are owed to several leading photo agencies and scores of photojoumalists for their generosity in allowing Human Rights Watch to use their archives. The agencies and journalists prefer to remain anonymous.
Human Rights Watch would like to express its gratitude to the many U.S. officials and military officers, both in Washington, D.C. and Ankara, who gave generously of their time and knowledge.
Many other individuals in Turkey and abroad, who have requested to remain anonymous, shared information and provided invaluable guidance, often at substantial risk to their personal safety.
Finally, Human Rights Watch would like to thank the Kurdish witnesses who took the time to recount their experiences in detail, and the Turkish soldiers who shared their experiences in the southeastern emergency zone. Many of these men and women took risks by meeting with Human Rights Watch and telling their stories. Their courage is greatly appreciated.
The Arms Project acknowledges with appreciation funding from the Carnegie Corporation, Compton Foundation, Ruth Mott Fund, Rockefeller Foundation, and Winston Foundation. Human Rights Watch takes sole responsibility for the contents of this report.
I. SUMMARY
For the past eleven years, the government of Turkey has been mired in an increasingly bitter war with insurgents of the Kurdistan Workers Party, the PKK.' To date, the war's toll is estimated at over 19,000 deaths, including some 2,000 death-squad killings of suspected PKK sympathizers, two million internally displaced, and more than 2,200 villages destroyed, most of which were burned down by Turkish security forces.1 2 In an effort to root out PKK fighters and sympathizers from southeast Turkey, the government has adopted increasingly brutal counterinsurgency measures, in clear violation of international law. The PKK, for its part, has also systematically engaged in violations such as summary executions and indiscriminate fire. Both before and during this period, Turkey's NATO partners have extended generous political and military support, helping Turkey to develop a formidable arms industry and supplying it with a steady stream of weapons, often for free or at greatly reduced cost. The United States government in particular has been deeply involved in arming Turkey and supporting its arms production capacities. Although several NATO governments have occasionally protested Turkish policies, most have continued to supply Turkey with arms.
This report documents the Turkish security forces’ violations of the laws of war and of human rights, and their reliance on U.S. and NATO-supplied weapons in doing so. Drawing on investigations of twenty-nine incidents that occurred between 1992 and 1995, the report links specific weapons systems to …
1 In late 1993, unofficial Turkish government figures put the PKK strength at 7,000-10,000 full-time fighters, 50,000 part-time militia, and 375,000 sympathizers. In October 1994, a PKK spokesman in Athens put PKK guerrilla strength at 30,000.
2 The estimates of 19,000 casualties, which includes civilians, guerrillas and security forces, of 2,000 so-called “mystery killings” and of 2.200 fully or partially destroyed villages were given by Interior Minister Nahit Mente$e on June 27, 1995, during a public briefing to the Turkish Parliament. Menteje's statement was communicated to Human Rights Watch by Jonathan Rugman, Istanbul correspondent for The Guardian (London). As a rule, the Turkish government does not acknowledge that most village destructions are carried out by security forces, argues that most civilians are killed by the PKK, and attributes most of the unsolved killings to the Kurdish guerrillas. Human rights groups reject the government’s claims, stating that many civilians are killed by security forces and that most “mystery killings” are carried out by Turkish security forces or government-supported death squads, known as “contra-guerrillas.” The PKK also commits summary executions, but usually takes responsibility for them.
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Human Rights Watch Arms Project
Weapons Transfers and Violations of the Laws of War in Turkey
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