AI ISSUES MEMORANDUM TO GOVERNMENT ON REFORMS
Kristina Kamp
Today’s Zaman
Jan 24 2008
Turkey
A report released this week by international human rights organization
Amnesty International (AI) has said the state of human rights in
Turkey remained unsatisfactory in 2007.
Though some steps have been undertaken by the government to improve
human rights standards, human rights suffered a regression in 2007,
noted the "Memorandum to the Turkish Government," which is part of
the annual AI report on Europe and Central Asia.
Though AI said it was pleased that the current government had
reinstated its policy of "zero tolerance for torture," which was
followed by a drop in the total number of torture cases, it also
noted that the incidents of torture or other ill-treatment, especially
outside official detention centers, continued in 2007.
In this context the organization criticized solitary confinement of
prisoners in high-security F-Type prisons, as well as the June 2007
amendments to the Law on Powers and Duties of Police, which gave
police the power to stop and search individuals. Police authority to
use lethal weapons has also been expanded, the memo noted. "This law
as it currently stands does not meet international standards on the
use of firearms by law enforcement officers," stated the memorandum.
The organization also criticized a lack of independent and effective
investigation of criminal allegations, adding that in too many cases
the prosecution of perpetrators has not followed in many criminal
cases. One particular case mentioned in this context was that of
Nigerian asylum-seeker Festus Okey, who died in August 2007 after
being shot by police while in custody. The report noted that many
questions in the case remained unanswered.
The failure to prevent the murder in 2007 of Armenian-Turkish
journalist Hrant Dink and the subsequent flaws in the investigation
are cited as another example of the impunity of security officials.
The AI also expressed concern that "unacceptable hurdles are placed
in the way of human rights defenders." They have been subjected to
threats and intimidation from lawyers, police and security forces,
restrictions on freedom of movement, imprisonment and even killings,
it said.
The report also touched on the status of refugees and asylum seekers
in Turkey. "Turkey must fully respect the rights of asylum-seekers and
refugees, including respecting refugee status determination procedures
conducted by the UNHCR, allowing recognized refugees to be resettled."
Amendments of 301, 216 cited as urgent
"In order to achieve lasting, substantive improvements […] current
legal reforms have to be implemented, urgent legislative reform must
be adopted and the opportunity of the drafting of a new constitution
to advance the protection of fundamental rights and freedoms for all
must not be missed," the report said.
Particular references were made to Article 301 of the Turkish Penal
Code (TCK), which the report said should be abolished on the grounds
that it "poses a grave threat to freedom of expression due to the
fact that it is worded in broad and vague terms."
Further mentioned was Article 216, which prohibits inciting the
population to enmity or hatred on social, religious, sectarian,
racial and regional lines. While the organization said it "recognizes
that states are authorized to prohibit advocacy of national, racial
or religious hatred that constitutes incitement to discrimination,
hostility or violence," it concluded that "this article is formulated
more broadly than the relevant provisions in international human
rights law, and has been applied extensively in particular to prosecute
dissenting opinions and to stifle opposition voices."
Also Article 7 of the Law on the Fight Against Terrorism, which
criminalizes propaganda for a terrorist organization or for its aims,
was regarded as harmful by the organization. "Under this law the
peaceful expression of non-violent dissenting opinions has also been
criminalized," the report noted.