Turkey’s Anit-Terrorism Laws Leading to Violations of Human Rights

By Greg Hall
Impunity Watch Reporter

ISTANBUL, Turkey – New arrests in Turkey represent a new low in the application of terrorism laws to crush freedom and expression.   An Istanbul court ruled to imprison a publisher and political science professor pending their trial on terrorism charges.  Tahsin Yesildere, head of the Association of Academics, called the arrests a blow to scientific and academic freedom.

PKK demonstration.  (Photo courtesy of Transnational Middle-East Observer)
PKK demonstration. (Photo courtesy of Transnational Middle-East Observer)

This arrest is the result of a crack down on those engaged in legal political activity associated with the pro-Kurdish Peace and Democratic Party (KPDP).  Fifty people have been arrested since October 27.

The arrests appear to be in continuation of the October 4 police operation that resulted in around 100 more arrests.  Most of those arrested were involved in the Peace and Democracy Party’s Politics Academy, which provides courses and training to party activists and officials.

Emma Sinclair-Webb, a Turkey researcher at Human Rights Watch, said, “[w]e are seeing the Turkish police casting the net ever wider in the crackdown on legal pro-Kurdish politics.  Unless there is clear evidence of people plotting violence or providing logistical support to armed groups, prosecutors and courts should throw these cases out.”

The Turkey anti-terrorism law defining terrorism is broad and ambiguous, giving the courts a difficult time with its interpretation and application.  Martin Scheinin, a UN rapporteur, has lobbied for reform in Turkey’s definition of terrorism.  He said that terrorism crimes should be confined to “acts of deadly or otherwise grave violence against persons or the taking of hostages.”   The European Commission has recently made similar suggestions.

Trials of KPDP have begun throughout the country.  The first, and main trial, began in October of 2010.  The trial consisted of 152 defendants and had a 7,578 page indictment.   The defendants were charged with crimes such as: (1) aiming to destroy the integrity and unity of the state; (2) being a member of the Kurdistan Workers’ Party ; and (3) aiding and abetting the  Kurdistan Workers’ Party.

Much of the evidence is in the form of emails, wiretaps, surveillance videos and testimonies from secret witnesses.  However, there is no evidence that any of the defendants’ actions have qualified as terrorist acts or activities defined by the international law.  In addition, there is no evidence that any of the defendants directly incited violence.

An October Interior Ministry statement put the number in pretrial detention of people believed to be associated with the Kurdistan Workers’ Party related charges at 605, though the figure has fluctuated considerably over the past two years.  More than 2,500 Kurds, including five lawmakers, mayors and elected local officials of the KPDP, are in jail on similar charges.

For more information, please see:

Ahram Online – Arrests of Turkish Intellectual  with Alleged Links to PKK Spurs Protest – 3 November 2011

Human Rights Watch – Turkey: Arrests Expose Flawed Justice System – 1 November 2011

Today’s Zaman – More Democracy is Antidote Against Rising PKK Terrorism – 23 October 2011

Author: Impunity Watch Archive