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FOREWORD
In July 2002, the KHRP and the Bar Human Rights Committee of England and Wales sent a delegation to South East Turkey to observe two important trials in order to investigate concerns that the prosecutions do not meet internationally recognised standards of justice. The first trial, held at the Diyarbakir State Security Court, addresses the area of language rights as it concerns the defendants’ illegal use of the Kurdish spelling of a word. The second trial, held in Sirnak, investigates allegations of torture. In the face of widespread allegations and numerous NGO reports documenting the ongoing practice of torture in Turkey, it is apparent that there are inherent structural and legal limitations to the effective operation of the rule of law in the country despite the three reform packages passed this year by the Turkish Parliament.
Accession to the European Union (EU) remains one of the Turkish Government’s primary objectives during this first decade of the twenty-first century. It has long recognized (although perhaps never expressly) that it must dramatically improve its human rights record before accession can become a reality. All applicant states wishing to gain membership to the EU must guarantee “democracy, the rule of law, human rights, and respect for and protection of minorities.” Despite the assurances of the Turkish Government that the human rights of the Kurdish population are being rigorously observed, the continued use of anti-terror legislation to imprison those pursuing legitimate activities, and the number of people still complaining of the use of torture when in police detention would suggest otherwise. This report explores the two areas of language rights and torture, and while it is not supposed to represent a comprehensive study of both areas, it goes some way towards highlighting quite how far Turkey still has to travel on the road to Strasbourg.
Kerim Yildiz / Mark Muller / Reyhan Yalcindag
Executive Director / Vice President / Deputy Chair
Kurdish Human Rights Project / Bar Human Rights Committee / IHD Diyarbakir
Introduction
In July 2002 two London based Barristers, Richard Heller and Peter Lowrie, travelled to Turkey as a KHRP and BHRC delegation to attend and observe two important and contrasting trials.
Firstly the delegation travelled to Diyarbakir to observe the ‘W’ trial as part of the ongoing reportage of the denial of Kurdish language rights. The defendants in this action are members of the Human Rights Association of Turkey (IHD), an organization with which the KHRP and BHRC have close links. While in Diyarkabir the delegation had the opportunity to hold meetings with unions, the Human Rights Foundation, HADEP, the Diyarbakir Bar Association, the Human Rights Committee and individual Kurdish lawyers. The delegation then travelled to Simak to observe the ongoing efforts of lawyers from the Human Rights Association (including several of those charged in the ‘W’ trial) in their representation of alleged victims of torture. The delegation was one of the first to visit Simak since the unilateral ceasefire declared in 1999.
The delegation was able to observe the pressures on human rights lawyers who were defendants one day and representatives the next. The contrast between the approach of the authorities to proceedings against Kurdish lawyers and those against civil servants accused of torture was a marked one. On a wider scale the delegation was able to assess the implications of the unilateral ceasefire in people’s daily lives and whether or not the human rights situation has improved in 2002. Specifically with regard to the ongoing problem of torture, the delegation was able to assess the present frequency of allegations of torture in Diyarbakir. The Turkish authorities have often been encouraged by international human rights organizations to improve the judicial machinery in place to deal with allegations of torture. Observing the ongoing trial in Simak presented an opportunity to give an overview of the problems facing victims of torture who assert their right to justice.
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