Turkish Laws Violate Right to Speech, Association and Assembly

By Ricardo Zamora

Impunity Watch Reporter, Europe

ISTANBUL, Turkey – In a report released today, Human Rights Watch revealed that Turkey, through anti-terror laws, seeks to prosecute peaceful demonstrators as though they were armed militants.  Human Rights Watch cautions that such sweeping laws violate freedom of expression, association, and assembly.

After a suicide bombing during a Kurdish demonstration in Istanbul yesterday, local authorities are seeking to prosecute many attendees even though they were not involved in the bombing itself.

This is not a new approach for the Turkish government.  Over the past three years, courts have prosecuted demonstrators through the use of the 2005 Turkish Penal Code and case law.  Hundreds of Kurdish demonstrators are currently incarcerated awaiting the outcome of their trials or appeals.

“When it comes to the Kurdish question, the courts in Turkey are all too quick to label political opposition as terrorism,” said Emma Sinclair-Webb, Turkey researched at Human Rights Watch and author of the report.  “When you close off the space for free speech and association, it has the counterproductive effect of making armed opposition more attractive.”

In July, parliament amended laws to prevent the prosecution of Kurdish children who attend such demonstrations and quashed any current convictions.  However, Turkey’s approach to handling adults went unchanged.

Now, Human Rights Watch is calling Turkey to similarly amend its approach to the prosecution of Kurdish adults in related cases.

“Ending the prosecution under these laws of most child demonstrators was an important step forward,” Sinclair-Webb said. “But allowing laws clearly aimed at terrorism to be used against adult demonstrators inflicts immense damage on free expression, assembly, and association in Turkey.”

The report documents many “violations” which authorities found sufficiently severe to subject otherwise legal demonstrators from being subject to Turkey’s anti-terror laws and penalties.  For example, several individuals have been convicted for simply shouting slogans, making victory signs and throwing stones.  Sentences handed down for those offenses range from 10 years and 5 months to 11 years and 3 months.

“The government should complete the task of reform by changing laws relating to adult demonstrators, to bring them fully into line with Turkey’s human rights obligations,” Sinclair-Webb said.  “Throwing people in jail is not way to halt terrorism – or protest.”

For more information, please see:

IFEX – HRW Report Shows Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Human Rights Watch – Turkey: Terrorism Laws Used to Jail Kurdish Protesters – November 1, 2010

Monsters & Critics – Turkey Accused of Using Terror Laws to Stifle Kurdish Protests – November 1, 2010

Author: Impunity Watch Archive