Today’s Zaman, Turkey
May 10 2009
Massacre in Mardın incites debate over capital punishment
The slaying of 44 people in a massacre in the southeastern province of
Mardin has restarted the debate over capital punishment. Many citizens
who fear the suspects will not get the punishment they deserve believe
that any punishment other than capital punishment will not have a
strong deterrent effect on serious crimes.
Ahmet Ã?etindemir, a 68-year-old retired civil servant,
said, `The death penalty should be reinstated so that those who try to
kill the innocent get the punishment they deserve,’ noting that this
was the view of many people. The same sentiment is appearing on the
Internet as well. Thousands of people have responded to news articles
online about the massacre with the same views.
Also referring to the Mardin massacre, the Felicity Party’s (SP)
leader, Numan KurtulmuÅ?, said, `This event should bring to the
agenda a re-evaluation of capital punishment.’
The administrators of human rights organizations, who note that Turkey
took an important step forward on human rights by signing a European
convention protocolabolishing capital punishment in 2004, urge debates
to focus not on capital punishment, but on understanding the root of
problems. Speaking to Sunday’s Zaman, Association of Human Rights and
Solidarity for Oppressed Peoples (MAZLUMDER) Chairman Ã-mer Faruk
GergeroÄ?lu said: `Looking for a solution with the death
sentence will not mean that you have resolved the problem. It will
mean continuing violations.’ Human Rights Association (Ä°HD)
Chairman Ã-ztürk TürkdoÄ?an said a detailed
analysis of the dimensions of the Mardin massacre was necessary and
added: `We are facing a multifaceted massacre that needs to be
analyzed. The causes of these kinds of problems should be debated;
however, the death sentence should not be a topic in this debate.’
KurtulmuÅ?: Villains are going to be back on the streets
By starting a debate on the death sentence with hopes that it will be
lead to a re-evaluation of the punishment, KurtulmuÅ? told
Sunday’s Zaman that he was acting as the voice of the public
conscience. Noting that there is serious concern over whether the
suspects will get the punishment they deserve, KurtulmuÅ? said:
`They say the suspects have been caught. At best, these people are
going to get life sentences. But 10 or 15 years later they will be
released, and these inhumane villains will be back on the streets.
Turkey must reconsider this as well. This event should put capital
punishment back on the agenda." He said that it was hard to believe
that this massacre was carried out be Turkey’s own children.
He noted that he received thousands of messages of support on his call
to debate the reinstatement of capital punishment and added that the
recent incident in Mardin has exposed the conditions of life for those
in the East and the Southeast. `On the one hand there is poverty,
hopelessness, and loneliness, and on the other there are futile and
cruel traditions. There is also the terror curse and the unresolved
murder cases regarding death wells. On top of all this, imposing
traditions based on who knows what religion, belief, mentality or
civilization has made these people embittered and tired of
living. This is what the massacre has exposed,’ he said.
Noting that victims and the public were disheartened that the suspects
would not get the proper punishment, the SP leader said their call to
debate reinstating capital punishment was appropriate.
`Let’s debate everything but capital punishment’
Noting that they oppose capital punishment regardless of the crime,
GergeroÄ?lu said MAZLUMDER does not believe debating capital
punishment will solve any problems. He said the organization was
against capital punishment because they believe a person’s most
fundamental right is the right to life, and added: `In every
situation, we should try to resolve the problem while protecting human
rights. Resorting to capital punishment does not mean one has found a
solution. Capital punishment violates human rights. We believe
abolishing capital punishment was a positive step for Turkey. There
are important factors involved in the Mardin massacre. There are many
factors rooted in sociological problems such as terrorism, the village
guard system and the Kurdish problem. Debating capital punishment
without resolving these problems is not very reasonable.’
GergeroÄ?lu also expressed the view that approaching these
problems in anger would not help to solve them, and said: `Indeed, the
Mardin massacre is a very disgraceful attack. Indeed, it is
incomprehensible, a tragedy that makes your blood run cold. However,
as an organization we don’t approve of debating capital punishment
before looking into the root of the problems. It is easy to approach a
problem in anger, but this does not solve the problem.’
Highlighting that capital punishment was a violation of human rights,
Ä°HD Chairman TürkdoÄ?an said other punishments
excluding the death sentence should be implemented to deter people
from committing crimes. He also emphasized that the Ä°HD is
against capital punishment, regardless of the situation, and added
that the right to life is the most sacred right for a person. `But the
death sentence violates a person’s right to life and consequently
violates human rights. Therefore, we don’t approve of debating capital
punishment,’ he said.
TürkdoÄ?an said the Mardin massacre and especially the
topic of amnesty should be debated on every level, noting that such a
discussion could prompt a comprehensive debate about the entire
system. Explaining the importance of building a sense of justice,
TürkdoÄ?an said: `A general amnesty is often declared in
our country. The Mardin massacre can be debated in association with
the topic of general amnesty, but it should not be debated with ties
to capital punishment. The punishments and general amnesties granted
to criminals who committed a crime against people weaken people’s
feelings of justice. This is a topic that can be debated. The
punishments imposed on people who commit crimes against the state and
the punishments imposed on people who commit crimes against human
beings can be considered, but we do not approve of debating a
punishment that violates a person’s most fundamental right, which is
the right to life.’
He explained that the death penalty does not have a strong deterrent
effect in countries where it is still used, but in countries where the
death sentence has been abolished the results have been more
positive. He emphasized that Turkey abolished capital punishment by
signing an agreement with both the United Nations and the Council of
Europe and therefore Turkey should not even debate this topic any
longer. Noting that the suspects would get the punishment they
deserved, TürkdoÄ?an concluded his statements by
explaining: `With the new system, in cases where many people are
murdered the punishment will not be limited to 15 to 20 years. Those
who committed the massacre in Mardin don’t have any chance of being
released from prison. Those convicted may get 44 life sentences or get
24 years in prison 44 times.’
Turkey ratified ECHR Protocol no. 13 in 2004
Turkey ratified the sixth protocol to the European Convention on Human
Rights (ECHR), which removed capital punishment from peacetime law, on
Jan. 15, 2003, and signed the protocol that prohibits death sentence
during time of war on Jan. 9, 2004. Turkey was one of the last member
countries of the Council of Europe to sign the sixth protocol, causing
tension between Ankara and Strasbourg for an extended period of
time. Turkey, Russia, Armenia and Azerbaijan were among the countries
that did not ratify Protocol 13 for many years, but Turkey ratified
Protocol 13 to the ECHR, which abolishes capital punishment, in 2004.
The Council of Europe introduced Protocol 13 on May 3, 2002. The
Council of Europe, which gives importance to being a continent free of
the death penalty, is carrying out work to abolish the death penalty
in the US and Japan, two countries that have observer status with the
council.
10 May 2009, Sunday
ALÄ° ASLAN KILIÃ? ANKARA