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HEIGHTENED REPRESSION BY
THE AUTHORITIES - A
SERIOUS SETBACK FOR
HUMAN RIGHTS
Introduction .................................................................................................................2
Freedom of expression................................................................................................2
Human rights of lesbian, gay, bisexual, transgender and intersex persons ........................3
Human rights of lesbian, gay, bisexual, transgender and intersex persons ........................6
Endnotes .....................................................................................................................9
Annex ........................................................................................................................11
Turkey: Submission to the UN Universal Periodic Review
21st Session of the UPR Working Group, January 2015
INTRODUCTION
This document is based on a submission prepared by Amnesty International for the
Universal Periodic Review (UPR) of Turkey in January 2015. In it, Amnesty
International evaluates the implementation of recommendations made in the
previous cycle of the UPR, assesses the human rights situation on the ground, and
makes recommendations to the government of Turkey to address the key human
rights challenges with which it is faced.
The situation of human rights in Turkey has deteriorated markedly in several key
areas since its first review in 2010. Freedom of expression has been increasingly
denied, including online, excessive use of force has been employed with impunity in
response to peaceful street demonstrations deemed unlawful by the authorities,
including notably, the “Gezi Park” protests held across the country during June and
July 2013. The independence and impartiality of the judiciary has been
undermined. Concerns also persist in relation to the rights of lesbian, gay, bisexual,
transgender and intersex persons and the right to conscientious objection to military
service. Laws relating to urban transformation fail to uphold Turkey’s obligations
under the International Covenant on Economic, Social and Cultural Rights and have
resulted in forced evictions.
Social media and other internet-based media have also come under increasing
pressure. In February 2014, the government passed amendments to the already
restrictive Internet Law which increased the powers of the authorities to block or
remove content.3 Twitter and YouTube Internet sites were arbitrarily blocked in March
2014 followed these changes. However, both blocking orders were subsequently lifted
following rulings by the Constitutional Court.
In line with the commitment made during its first UPR,8 Turkey ratified the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment in September 2012; however, nearly two years later it
remains unimplemented, with Turkey having failed to establish a national preventive
mechanism. Turkey has yet to ratify the Optional Protocol to the Covenant on
Economic, Social and Cultural Rights and the Convention for the Protection of All
Persons from Enforced Disappearance.
Hundreds of abusive criminal prosecutions are brought every year against political
activists, human rights defenders, journalists, lawyers and others, under articles of
the Penal Code and anti-terrorism provisions. Such cases are generally brought
against individuals who criticize the state or express opinions contrary to official
positions on politically sensitive issues.
Criminal cases have also been brought against social media users in violation of
their right to freedom of expression. A standout case based entirely on tweets was
opened against 29 young people in the western city of İzmir for “inciting the public
to break the law”, under Article 217/1 of the Criminal Code. Three of the
defendants we also charged with defaming the Prime Minister. The tweets were sent
during the first weekend of the Gezı Park protests ın June 2013 and contained
information, such as where the police were using force against demonstrators and
available wireless passwords, or messages of support for the demonstrations. None
of the tweets in the indictment contained any incitement to violence or indication of
participation in violence. A number of the tweets were said to defame the Prime
Minister, who intervened in the case and was listed as a “victim”. The police
operation to arrest the social media users took place in June 2013, the day after
the Prime Minister notoriously referred to Twitter as “a menace”. At the third
hearing in July 2014, a local court in İzmir convicted three defendants of defaming
the Prime Minister, sentencing them to a fine suspended for five years, and
acquitting all of the defendants of the charge of “inciting the public to break the
law.”
The authorities brutally crushed the anti-government Gezi Park protests taking place
across Turkey in May, June and July 2013. Since then, there has been no
improvement in respect by the authorities of the right to take part in peaceful
assemblies. The police continue to use excessive and arbitrary force to prevent or
disperse demonstrations. Thousands of people have been prosecuted for taking part
in Gezi Park protests or other demonstrations. 12 The restrictive Law on Meetings and
Demonstrations, No. 2911, is central to the failure to uphold the right to freedom of
peaceful assembly in Turkey. The law regulates the conduct of the authorities and
protestors alike in relation to demonstrations.13 Its restrictive nature and arbitrary
application present a fundamental barrier to the exercise of the right to peaceful
assembly in Turkey. The authorities’ restrictive approach to peaceful assemblies was
extensively criticized following the Gezi Park protests during the summer of 2013.
However, despite cosmetic changes in March 2014, the law remains highly
restrictive and its application by the authorities remains unchanged.
Article 3 of the law provides for the right of all persons to hold peaceful
demonstrations without obtaining prior permission.14 However, Article 10 requires
the organizers to notify the authorities in detail about the nature of the
demonstration, its time and location 48 hours in advance of the planned
demonstration. Under Article 23, failure to provide such notice automatically
renders a public gathering unlawful.15 The notification procedure itself is not an
unlawful limitation to the right to freedom of peaceful assembly; however, the
procedure in Turkey is overly burdensome and in practice applied in such a
restrictive manner that it is akin to having to obtain permission.
International standards on freedom of peaceful assembly are quite clear that the
exercise of this right should not be subject to permission by government authorities.
States may require notice – but not authorization - of assemblies in order to
facilitate the right to peaceful assembly and to take measures to protect public
safety and the rights of others.
The Ministry of Interior introduced two circulars regarding the use of force at
demonstrations in June and July 2013 following criticism of police violence at Gezi
Park demonstrations.17 The June circular requires police officers to allow people
enough time to leave a demonstration after a warning that force using tear gas will
be used, to use water cannon before resorting to tear gas, and to refrain from using
tear gas against peaceful protestors or protestors who have ceased any violent acts.
However, these instructions are routinely ignored.
The July circular provides additional important safeguards, notably that plain
clothes police officers must wear identification when policing demonstrations and
that tear gas canisters may not be fired from a distance of less than 40 meters or
directly at people. While protests that Amnesty International observers have
attended over the past year suggest that riot police have, indeed, been observing the
requirement to display visible identification numbers on their helmets, plain clothes
police officers without any identification continue to use force and to make arrests
at demonstrations, contrary to the terms of the circular. Similarly, the provisions on
the use of tear gas are also routinely ignored, which police still regularly fire at
dangerously close ranges and directly at protestors.
International is aware of only one case - the well-publicised case of officers beating
demonstrators and pulling the hair of a young woman on the Izmir seafront - in
which internal disciplinary proceedings have resulted in police officers being
sanctioned.19 Most internal investigations have since been closed.20
Of the four criminal prosecutions against police officers, three of them relate to
deaths. The fourth relates to a police officer accused of spraying pepper spray
directly into the face of a woman since dubbed “the woman in the red” on the
second day of the protests in Gezi Park. 21 All four incidents received widespread
media coverage and generated significant pressure on the authorities to act.
Investigations into these cases have proceeded exceedingly slowly or have been
closed without result.
FORCED EVICTIONS
Urban transformation projects conducted by the authorities have resulted in forced
evictions and violations of the right to adequate housing, as set out in the
International Covenant on Economic, Social and Cultural Rights to which Turkey is
a party. These projects have been carried out in areas where some of Turkey’s
poorest and most marginalized groups live, and local authorities have failed to
conduct genuine consultations with affected residents and to give them adequate
notice of evictions. Often they have not been offered adequate compensation or
affordable alternative housing and this has driven them further into poverty and into
sub-standard housing and left others homeless.
SYRIAN REFUGEES
The Turkish authorities continue to make considerable efforts to accommodate
Syrian refugees in the face of an international failure to meet the needs of these
refugees.23 While the provision of services to refugees in government-run camps is
reported to be good, the living conditions are dire for many of the Syrian refugees
who are not accommodated in camps, without provision for basic needs or access to
employment. At least 80 percent of the more than one million Syrian refugees in
Turkey live outside of the camps.
ENDNOTES
1
A/HRC/15/3, paragraphs 100.71 (Chile), 100.73 (Japan), 101.5-101.6 (Switzerland),
102.20 (Netherlands), and 102.24 (Ireland).
2
See also Amnesty International report: Turkey: Adding injustice to injury: One year on from
the Gezi Park protests in Turkey, 10 June 2014, page 30
(http://www.amnesty.org/en/library/info/EUR44/010/2014/en)
3
See also Amnesty International public statements: President Gül: Veto restrictive internet
law changes, 12 February 2014
(http://www.amnesty.org/en/library/info/EUR44/002/2014/en) and Amnesty International
welcomes Internet law changes recommended by President, 27 February 2014
(http://www.amnesty.org/en/library/info/EUR44/004/2014/en).
4
A/HRC/15/3, paragraphs 100-44-100.49 (Switzerland, Denmark, Czech Republic, USA,
Germany, Ireland) and 100.70 (Germany).
5
A/HRC/15/13, paragraphs 100.66 (Australia).
6
See also Amnesty International public statement: Turkey: Independence and impartiality of
the judiciary under threat, 24 February 2014
(http://www.amnesty.org/en/library/info/EUR44/003/2014/en).
7
A/HRC/15/13, paragraphs 100.33 (Norway) and 102.11 (Canada).
8
A/HRC/15/13, paragraphs 100.1-100.5 (Brazil, Chile, Uruguay, Belarus, Denmark, and
Czech Republic).
9
See also Amnesty International public statement: Right to conscientious objection still not
guaranteed in Europe, 14 May 2013
(http://www.amnesty.org/en/library/asset/EUR01/012/2013/en).
10
See also Amnesty International public statements: President Gül: Veto restrictive internet
law changes, 12 February 2014
(http://www.amnesty.org/en/library/info/EUR44/002/2014/en) and Amnesty International
welcomes Internet law changes recommended by President, 27 February 2014
(http://www.amnesty.org/en/library/info/EUR44/004/2014/en). The damaging changes were
mitigated somewhat by changes recommended by the President. See:
http://www.amnesty.org/en/library/info/EUR44/002/2014/en and
http://www.amnesty.org/en/library/info/EUR44/004/2014/en
11
See Amnesty International: Turkey: Pre-election Twitter shutdown brings internet freedom
to a new low (http://www.amnesty.org/en/for-media/press-releases/turkey-pre-election-twitter-
shutdown-brings-internet-freedom-new-low-2014-0). See also Amnesty International: Turkey:
Move to block YouTube ahead of elections points to growing censorship
http://www.amnesty.org/en/for-media/press-releases/turkey-move-block-youtube-ahead-
elections-points-growing-censorship-2014-03
12
See also Amnesty International reports: Turkey: Gezi Park protests: Brutal denial of the
right to peaceful assembly in Turkey, 2 October 2013
(http://www.amnesty.org/en/library/info/EUR44/022/2013/en); and Turkey: Adding injustice
to injury: One year on from the Gezi Park protests in Turkey, 10 June 2014
(http://www.amnesty.org/en/library/info/EUR44/010/2014/en)
13
The Law on Meetings and Demonstrations, Law No. 2911 entered into force on 6 October
1983. Available at
http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=1.5.2911&sourceXmlSearch=&MevzuatIl
iski=0
14
Article 3 – Everyone has the right to organize unarmed and peaceful meetings and
demonstrations without prior permission in accordance with this law that does not consider
such meetings and demonstrations unlawful.
15
Article 10 of the law on demonstrations states that organizers must provide the notification
to the Governorship or the Prefecture within at least 48 hours and during working hours,
stating the aim of the meeting, date, start and end times and the names, home and if
available work addresses of the organizers. Full text available in Turkish at
http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=1.5.2911&sourceXmlSearch=&MevzuatIl
iski=0
16
Ibid.
17
Ministry of Interior Circular No: 2013/28 of June 2013 and Ministry of Interior Circular
No. 2013/33 of July 2013.
18
Ibid.
19
Four police officers were reported to have received an [unspecified] disciplinary
punishment. No information was provided regarding any criminal investigation against the
officers. For details see Radikal, İzmir´de, saç çeken polislere ceza verilmiş, 14 March 2014.
Available at http://www.radikal.com.tr/turkiye/izmirde_sac_ceken_polislere_ceza_verilmis-
1181289 [accessed on 19 May 2014]
20
An administrative investigation into the beating of journalist Gökhan Biçici in a busy street
in Istanbul, which was filmed by a number of cameras was closed without result in November
2013. The administrative investigation into the beating of Hakan Yaman which was also
filmed was closed in April 2014 without result. Criminal investigations continue in both
cases. For details of these incidents see Amnesty International, Gezi Park protests: Brutal
denial of the right to peaceful assembly in Turkey, October 2013. Available at
http://www.amnesty.org/en/library/info/EUR44/022/2013/en, see pages 28 and 32
respectively for the Hakan Yaman and Gökhan Biçici cases.
21
A police officer is charged with “abuse of duty” for spraying pepper spray into the face of
Ceyda Sungur and using abusive force against other environmental protestors peacefully
demonstrating in Gezi Park on 28 May 2013. The first hearing in the case was set for 13
May 2014. Indictment no. 2014/579 of 9 January 2014.
22
See also Amnesty International public statement: Turkey: Independence and impartiality of
the judiciary under threat, 24 February 2014
(http://www.amnesty.org/en/library/info/EUR44/003/2014/en).
23
See Amnesty International: An international failure: The Syrian refugee crisis
(http://www.amnesty.org/en/library/info/ACT34/001/2013/en). In the space of 12 months, 1.8
million people fled the armed conflict in Syria. This briefing provides an overview of the
conditions of refugees from Syria in the main host countries: Lebanon, Jordan, Turkey, Iraq
and Egypt. It then focuses on the difficulties and human rights violations faced by refugees
from Syria in their attempts to reach the EU.
ANNEX
AMNESTY INTERNATIONAL DOCUMENTS FOR FURTHER REFERENCE1
Nineteen deaths reported as violent clashes continue across south-east Turkey, 8
October 2014
Turkey: Closing border crossings with Syria will put lives in jeopardy, 22 September
2014
Turkey must abandon ‘show trial’ against Gezi Park protest organizers, 12 June
2014
Turkey: Adding injustice to injury: One year on from the Gezi Park protests in
Turkey, 10 June 2014 (Index: EUR 44/010/2014)
Turkey: Demonstrators on trial, police unpunished, 10 June 2014
Turkey: Pre-election Twitter shutdown brings internet freedom to a new low, 21
March 2014
Turkey: Conscientious objector imprisoned: Murat Kanatlı, 3 March 2014 (Index:
EUR 44/005/2014)
Turkey: Independence and impartiality of the judiciary under threat, 24 February,
2014 (Index: EUR 44/003/2014) Turkey: Adding injustice to injury: One year on
from the Gezi Park protests in Turkey, 10 June 2014, (Index: EUR 44/010/2014)
Turkey: More deaths as a result of police force, 23 May 2014 (Index: EUR
44/011/2014)
Turkey: Riot police in reprehensible crackdown on peaceful May Day protest, 1 May
2014
Turkey: No more human rights violations in urban transformation, 14 March 2014
(Index: EUR 44/007/2014)
Turkey: Gezi Park protests: Brutal denial of the right to peaceful assembly in
Turkey, 2 October 2013 (Index: EUR 44/022/2013)
Turkey: Conscientious objector detained in Turkey, 18 July 2013, (Index: EUR
44/018/2013)
Turkey: Legal reforms fall short on freedom of expression, 30 April 2013
Turkey: Decriminalize dissent: Time to deliver on the right to freedom of expression,
27 March 2013, (Index: EUR 44/001/2013)
An international failure: The Syrian refugee crisis, 13 December 2013 (Index: ACT
34/001/2013)
Turkey: Time to recognise right to conscientious objection, 12 June 2012 (Index:
EUR 44/010/2012)
1
All of these documents are available on Amnesty International’s website:
http://www.amnesty.org/en/region/turkey