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Hafıza Merkezi Newsletter: Summer-Fall 2016

Newsletter of the Truth Justice and Memory Center
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HURŞİT KÜLTER IS ALIVE!
Human rights organisations in Turkey have learned that Hurşit Külter, who has been missing without any information as to his whereabouts for 134 days, is alive, following his statement on October 7, 2016.

During his absence, appeals that have been made to the Governor of Şırnak, the Prosecutor’s Office at Şırnak and Şırnak City Police Department have remained futile, as his detention was denied despite witness accounts of his detention.

On June 23, it was announced that Ministry of Interior appointed a civil inspector to carry out an investigation about Hurşit Külter’s whereabouts, the findings of which have yet to be shared with the public.

Against this backdrop, reasons were not few for human rights organisations in Turkey – a country in which enforced disappearances and arbitrary executions have remained unrecognized and unaccounted for – to have grave concerns about the whereabouts of Hurşit Külter.

We are happy to learn that Hurşit Külter is alive.

We also abide by our demand and expectation for a full explanation as to Hurşit Külter’s disappearance, during which he alleged that he was detained and tortured.

Click here to read this statement from our website.

SUMMER SCHOOL ON HISTORICAL DIALOGUE AND DEALING WITH THE PAST
This year’s Summer School on Historical Dialogue and Dealing with the Past took place in Istanbul on June 13-18, 2016. Participants of the training were civil society professionals working in Middle East, North Africa and Caucasus on themes related to historical dialogue and dealing with the past.For the last 2 years, Truth Justice Memory Center (Hafiza Merkezi) has been implementing annual training and workshop activities within the framework of theRegional Network for Historical Dialogue and Dealing with the Past, a regional network initiative whose objective is to bring together civil society initiatives from across the MENA and Caucasus. Hafiza Merkezi has been implementing the network initiative in partnership with Columbia University’s Historical Dialogue and Accountability Program and Columbia Global Centers | İstanbul.

Extensive summaries and video recordings of the course presentations are available from our website.

COURSE LIST
CASE MONITING WEBSITE IS IN ENGLISH NOW!
Faili Belli (Perpetrator Not-Unknown) – a monitoring website devoted to cases with symbolic importance in coming to terms with gross human rights violations in recent history of Turkey – is now available in English. Currently, in line with Hafiza Merkezi‘sworking area, the website primarily focuses on cases related to enforced disappearances, functioning as an online platform where fact-based, up-to-date information on each of the monitored cases, as well as various related analytical articles, source documents and tools of legal intervention are available for the access of not only lawyers, but also journalists, researchers and other interested parties.

Enforced Disappearances and the Conduct of Judiciary

Hafiza Merkezi has been documenting legal data, which currently pertains to a total of 310 forcibly disappeared people. The analysis reveals that the complaints are specifically about five groups of government officials and/or paramilitary forces; primarily JİTEM(Gendarmerie Intelligence Organization), and also MİT (National Intelligence Organization), the Special Forces Command and police officers, informants andvillage guards affiliated with them. Analysis also reveal that the investigating prosecutors’ offices, in breach of the law, implemented very few or none of the procedures and mechanisms provided in criminal procedures and disregarded the rights of the victims. Some striking facts and figures indicating the systematic policy of impunity with regards to these cases are as follows:

  • Average time elapsed for investigations since the crime to present day is 19 years and 9 months,
  • Investigations are still ongoing and are protracted regarding files concerning 202 of the total 310 people (%xpercent),
  • Files concerning 25 people (%x) resulted in verdicts of non-prosecution (9 due to statute of limitation, 16 due to lack of evidence and other reasons),
  • 14 criminal cases have been filed concerning enforced disappearance of 83people.

Of the opened 14 cases regarding 83 people,
  • 7 cases pertaining to the disappearance of 34 people resulted in decisions of acquittal, 
  • 5 cases concerning the enforced disappearance of 47 people are currently ongoing.
  • Unfortunately, only 2 cases concerning 2 people resulted in conviction.
Click here to read a more detailed analysis on the conduct of judiciary on cases of enforced disappearances in Turkey. 
Update | August 16, 2016

We have updated our interactive visualizations regarding the civilians who lost their lives throughout the curfews in South East Turkey, based on the recent updating of the fact sheet produced by Human Rights Foundation of Turkey. The data presented have not been verified through forensic data and field work, that is due to both practical limitations and various forms of violations of the right to information (as explained here).The list is an ongoing work prepared by the obtained information as of 16 August 2016, which is open to changes with more access to confirmed data.

Click here to access to the updated data.

Reports on curfews 

In the Resources page of our website, we have opened a new section where we bring together published reports in relation to the curfews implemented in South East Turkey. In this section, you will find a wide range of reports drawn up by rights groups in Turkey on the human rights violations that took place as part of the curfews implemented in Kurdish cities from August 16, 2015 until today.

Click here for the reports.

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Copyright © 2015 Hakikat Adalet Hafıza Çalışmaları Merkezi
Newsletter of the Hafıza Merkezi

Who is Hafıza Merkezi?
Hafıza Merkezi (Truth Justice Memory Studies Center) is an independent human rights organization based in Istanbul, Turkey that aims to uncover the truth concerning past violations of human rights, strengthen the collective memory about those violations, and support survivors in their pursuit of justice.

ICTJ: In Focus: Education in a Context of State-Imposed Amnesia

ICTJ In Focus 61
October 2016

In Focus

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Lebanon: Education in a Context of State-Imposed Amnesia Lebanon: Education in a Context of State-Imposed AmnesiaWhile Lebanon is post-peace agreement, it is not necessarily “post-conflict.” The country struggles to address the legacy of decades of violence, and the lack of a comprehensive approach to dealing with the past means the country’s youth are growing up with scant knowledge of their history. But they want to know more: one project is helping them ask those around them about the past, and giving those who lived it a chance to tell their stories.

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Transitional Justice and Media: A Crucial But Neglected RelationshipTransitional Justice and Media: A Crucial But Neglected RelationshipIn a society grappling with the legacy of the past, citizens must make informed judgements and disentangle the facts from the sticky web of political rhetoric, denial, and polarizing propaganda. To do so, they rely on one key agent of social change: the media. But how can transitional processes effectively partner with the media and engage key constituencies? And what happens when media play a decisively negative role in mediating information about war crimes?

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Ten Years After Peace, Is Nepal Finally Serious About Finding Its Disappeared?Ten Years After Peace, Is Nepal Finally Serious About Finding Its Disappeared?1,300 are still missing in Nepal, nearly a decade after the country’s bloody civil war ended. The peace agreement was meant to provide for the families of the disappeared, but today they are still searching for answers. As a new government body begins investigations, victims wonder: is the commission fully committed to addressing their needs?

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Publications

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Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

In transitional contexts, reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, who the victims were, and who was responsible for the violations.

Recommendations for Victim Reparations in Côte d’Ivoire

Côte d’Ivoire is obligated to provide reparations to victims of both the political violence that shook the country following the 2010 presidential elections and the different episodes of political violence and armed conflict since 1990.

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Upcoming Events

October 13, 2016

Lawyers, Conflict and Transition ConferenceLocation: Queens University, Belfast View Details

October 22, 2016

International Workshop on Historical Dialogue and Mass Atrocity Prevention Location: New York, NY View Details

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Health Care Crisis in Venezuela

By Cintia Garcia

Impunity Watch Reporter, South America

Caracas, Venezuela—Once a model health system in Latin America, Venezuela is experiencing a deteriorating medical system where basic care is impossible. The country is running short on 85 percent of medicines according to the national drugstore trade group.

Ashley Pacheco suffered a staph infection due to the lack of antibiotics. (Photo Courtesy of Fox Latino News)
Ashley Pacheco suffered a staph infection due to the lack of antibiotics. (Photo Courtesy of Fox Latino News)

The local market has stopped producing basic needs. The healthy are falling ill and dying. According to government statistics, one in three people admitted to public hospitals died in 2015. Families are scrambling through out the country to find medicine to treat the ill. Hundreds are waiting outside pharmacies in hopes of finding medicine such as antibiotics or ibuprofen. The government has refused to allow humanitarian groups to enter the country or to assist the country with medical supplies. Venezuela’s president Nicolas Maduro claims that the medical crisis is a political scheme created by opposing party members against the socialist revolution.

According to Dr. Huniades Urbina-Medina who works at Jose Manuel de Los Rios Children Hospital stated that his hospital used to be the best in all of Venezuela but today it does not have enough drugs to treat ill patients. He stated that “five years ago we had an average of 200 patients waiting to be operated on. At the last count, there were more than 5,500 names on the waiting list. We have nine operating rooms, but, today, only four are fully functional.”

Children are the victims of the medical crisis. For example, Ashley Pacheco, a three-year old toddler, scraped her knee, a few days later it turned into a life-threatening staph infection that was difficult to cure because of the lack of medicine, diagnostic machines, and a functioning operating room with a waitlist of 150 children.

In addition, 30 percent of the children in Venezuela are suffering from malnutrition. And there is a high chance of babies dying due to the mother’s inability to provide children basic nutrients like powdered milk. With a failing economy the situation worsens.

For more information, please see:

BBC—Venezuela Crisis: Caracas Hospital Shows Sorry State of Health System—9 October 2016.

Fox News Latino—Venezuela’s Health Care is Such a Failure, Scraped Knee Turns Into Medical Crisis—04 October 2016.

Washington Post—A Child’s Scraped Knee a Life or Death Matter in Venezuela—4 October 2016.

Egyptian Parliament Member Calls for Virginity Tests Prior to University Admission

by Yesim Usluca
Impunity Watch Reporter, Middle East

CAIRO, Egypt — A member of the Egyptian parliament’s Human Rights Committee, Ilhami Agina, declared that females seeking to attend university should be required to undergo a mandatory “virginity test” before being admitted.

Mr. Agina called for virginity tests for university admission (Photo courtesy of Al Arabiya)
Mr. Agina called for virginity tests for university admission (Photo courtesy of Al Arabiya)

In an interview with an Egyptian newspaper, Mr. Agina stated the parliament has to check the medical examination of “any girl who enters university” in order to “prove that she is a Miss.” He further commented that each female must present an “official document” upon university admission, which states that “she is a Miss.”

Mr. Agina defended his comments by stating that the virginity tests would help reduce the number of Urfi marriages in the country, and further commented that “no one should be upset by this decision.” Urfi marriages, also known as customary marriages, are viewed as a religiously sanctioned way of having premarital sex, which is a taboo in the conservative country. In Egypt, a young woman’s virginity is widely seen as a matter of family honor, and its loss could prevent her from getting married. Accordingly, Mr. Agina indicated that a woman who fails the virginity test will have her parents notified immediately in an attempt to prevent couples from entering into pre-marital relations.

National outrage broke out after Mr. Agina’s use of “Miss” was interpreted by Egyptians as referring to a woman who is a virgin. Egypt’s National Council for Women is set to file a report with the country’s top attorney over Mr. Agina’s “offensive remarks about women in Egypt and abroad.” The Council will also be submitting a complaint to the speaker of parliament, demanding Mr. Agina’s expulsion from parliament and seeking a criminal investigation into his actions and comments. In addition to his statements about medical exams for university admission, the council is also referencing previous remarks in which Mr. Agina stated that the practice of female genital mutilation was needed in Egypt to restrict women’s sexuality and counterbalance male impotence.

Ms. Amna Nosseir, an Egyptian female parliament member and Islamic Law professor, stated that “Agina’s remarks represent an insult to women and public manners in Egypt.” Mr. Agina, however, has stated that his remarks had been misinterpreted and that he only made a “suggestion,” not a “demand” in response to a question regarding the government’s role in ending customary marriages.

For more information, please see:

AhramOnline—Egypt’s women’s council to file complaint against MP who called for college virginity tests—1 October 2016

Al Arabiya—Egyptian lawmaker’s call for virginity tests draws fire—2 October 2016

Washington Post—Egyptian lawmaker says women should prove they are virgins to go to college—01 October 2016

Daily Mail—Egyptian MP calls for universities to perform virginity tests on female students – and tell their parents if they fail—30 September 2016

New York Times- Why I Go to Aleppo

CHICAGO — The hospital where I work in Aleppo, Syria, is in a basement. The building above has been bombarded so many times that the top floors are too dangerous to use. Barrels and sandbags line the entrance to fortify it as a bunker.

Aleppo is a long way from my home in Chicago. That city, too, has its share of human suffering. Any Chicago surgeon who takes emergency duty can attest to the gun violence that plagues local communities. But the hospital where I work has state-of-the-art resources and some of the best doctors and nurses in the world. Scalpels are sharp, operating rooms are sterile, and specialists are abundant.

Aleppo, too, has some of the best doctors and nurses in the world, but there are so few left. They are exhausted, endangered, and they need help. That is why I volunteer for medical work in Syria; even the few weeks a year that I can offer provide some respite for the handful of surgeons who serve a population of 300,000 in a war zone. It is a heavy responsibility, but I feel I cannot ask world leaders to risk their citizens’ lives to save people there if I myself am unwilling to take such risks.

My weeks in Aleppo are intense. In Chicago, where I specialize in surgical oncology, I see one patient at a time. In Aleppo, I see 20 at once. You live your life one massacre to the next: of children at school, or of families sleeping at home or shopping at a market. We hear the jets screech by, the helicopters whirring in the sky, the mortars launching, then the bombs exploding. Followed by sirens and screaming.

The screaming seems never to end, some days. So many people pushing through the entrance. There are never enough beds, so patients have to share gurneys or lie on the floor. Sometimes, there is no place to step, with patients lying on floors smeared with blood and strewn with body parts. There are few field hospitals left in Aleppo, so patients who are stuck outside and can’t make it in sometimes die on our doorstep.

Then, abruptly, it ends. I walk away from all those patients. I am driven through sniper alleys, under airstrikes, and past checkpoints to cross the border into Turkey. From there, I fly home.

It crushes me every time. One moment, I’m in an underground hospital shaking from the blasts of missiles, saving whom we can, watching those we can’t bleed to death. The next moment, I am at the airport coffee shop watching a man in a sharp suit cut the line or a woman berate the barista for putting too much ice in her tea.

Nothing makes sense, and you feel like a ghost. Once you’ve been there, you never really leave Aleppo.

Back in Chicago, it’s my patients who help me stay focused. I had a patient I’ll call Sarah who had a sarcoma of the leg when she was 8. She endured a year of chemotherapy and had a portion of her fibula removed to excise the cancer, followed by radiation. The treatment stunted her leg’s growth and deformed her ankle, but she wanted to be able to run track and play soccer.

On a ski trip to Colorado, she saw people skiing on prosthetics, and that’s what she wanted. When she turned 11, she looked me in the eye and asked me to amputate her left leg. She showed such strength. She reminded me of Ahmad, a Syrian boy who had lost both legs, as well as his mother, when a bomb destroyed their home. He hoped one day to get robotic prostheses so he could walk again. His resilience was inspiring.

Each time I go back to Aleppo, though, conditions are worse. The pockets of life have become more tenuous with each visit. The markets, the children in the streets, the bustle of day-to-day living is replaced with rubble: apocalyptic wastelands of gutted buildings with collapsed roofs, exposed rebar and twisted staircases.

But people still live amid the ruins. You see them hanging laundry from a room on the third floor of a building cut in half. You see kids climbing over a 10-foot mound of rubble on their way home with some bread and water. Life has to go on, and people find ways to cope. They would rather face death at home than suffer in a refugee camp or risk drowning in a sinking boat.

For a surgeon in this setting, triage decisions mean the difference between life and death. A mother pleads with me to attend to her son; his skull is blown open, his brain exposed. He’s gone. There’s nothing we can do.

I move on to a girl with a lacerated artery in her amputated leg. She could bleed to death in minutes, but with pressure and a tourniquet we buy some time. Next to her is another young girl. Her right hand is obliterated: frayed tendons, twisted fingers, crushed bones. Her mother grips my shoulder, begging me to take her daughter to surgery first. But the girl is alive and she can wait.

This can last for hours. I lose all track of time. Eventually, the chaos dissipates. The floors are mopped clean. The dead are wrapped in white shrouds and laid in the street to make room for the next incoming tide of the wounded and dying.

You feel powerless. You can’t stop it. There aren’t enough hands to help, and you can’t save everyone. Should we give all of our blood supplies to save one life? Or ration them to save five who all need some? The choices are impossible, yet we make them.

The Syrian medics and rescue workers in Aleppo have sacrificed everything, some even their lives. They show up to work every day despite all the horrifying brutality. Those of us who go to volunteer cannot stop the bombs, but we can serve in solidarity with Syria’s full-time lifesavers. Who would I be if I could not support them and follow their lead for a few weeks a year?

They are among the most heroic, courageous and selfless people I have ever met — much like the New York firefighters I met on Sept. 11, 2001. A medical student at the time, I squeezed into an ambulance with nurses and medics and we drove toward the smoke and ashes to help. I saw firefighters, paramedics, police officers and citizens rushing to the World Trade Center. That was the side I wanted to be on.

We wrote our names on the back of our scrubs with black markers in case our bodies needed to be identified. I was scared, but I was surrounded by good people doing the right thing.

I had never felt that way again until I went back to Aleppo in August 2013. I had visited Syria several times growing up, and knew Aleppo, but that was my first trip since the conflict started. The overwhelming sadness and dread I felt on Sept. 11, I feel every day in Aleppo.

One night, we treated a child caught in an explosion who had the bone shards of obliterated bystanders embedded in his skin. An airstrike hit his school during a charity event to donate clothes to the poor. The last thing he remembered was seeing his best friend disintegrate in front of him.

The boy’s father saw me and asked who I was, and why I was speaking in a strange language. A nurse explained to him that I was an American doctor. He told me that he had never met an American. He never thought he would. He never believed the day would come when an American doctor — one with Syrian blood but born and raised with the freedoms and luxuries of the United States — would come to Aleppo to help in a time of war.

That gave my work a new dimension of meaning: a palpable connection to alleviate the suffering of a people long abandoned. It lets them know that they’re not alone. It has made me only more grateful for my life in America. It’s also why I go back.