Skip to content
Share with

The Committee Against Torture For the Consideration of the Türkiye’s Periodic Report

You can download this Report: INT_CAT_CSS_TUR_58763_E

This report also published there: https://www.ecoi.net/en/file/local/2112549/INT_CAT_CSS_TUR_58763_E.pdf

HUMAN RIGHTS DEFENDERS E.V GERMANY-BERLIN 2024

The Committee Against Torture
For the Consideration of the Türkiye’s Periodic Report

I- Introduction: Human Rights Defenders e.V in Berlin

1- This report has been meticulously compiled by Human Rights Defenders e.V (HrD) to comprehensively analyse the prevailing situation regarding mass arrests and detention practices in Türkiye. HrD, an autonomous, non-profit, non-governmental organization, is ardently dedicated to advocating for human rights and aiding individuals encountering persecution globally, with a significant emphasis on Türkiye.

2- HRD is an esteemed non-governmental organisation established in Germany in 2018 by Turkish lawyers, former bureaucrats, and entrepreneurs who are political asylum seekers in Germany and Europe. With a deep understanding of the prevailing human rights violations and the culture of impunity in countries like Türkiye, HRD diligently employs diverse strategies at the national, regional, and international levels to effect lasting change and enhance the circumstances of the victims.

3- This report has been prepared with the purpose of providing information to the United Nations Committee Against Torture (CAT) regarding the occurrences of torture, as well as other forms of cruel, inhuman, or degrading treatment, and enforced disappearances involving sympathizers of the Hizmet (Gulen) Movement in Türkiye. These incidents are considered to be crimes against humanity. The United Nations General Assembly resolution 39/46, titled “Torture and Other Cruel, Inhuman or Degrading Treatment,” which was adopted on 10 December 1984 and came into effect on 26 June 1987, is the legal framework that Türkiye, as a party, has agreed to abide. Within the context of the “Convention against Inhuman or Degrading Treatment or Punishment,” the systematic and organized actions targeting members of the Hizmet Movement since 2016, which is the alleged date of the coup attempt, have been recognized as “acts reaching the level of crimes against humanity” in the decisions made by various United Nations Commissions. [1]

II- Increasing Authoritarianism and Gross Human Rights Violations in Türkiye after the 15 July 2016 Alleged Coup Attempt

4- Article 2 of the Convention requires States Parties to furnish fundamental legal, administrative, and judicial safeguards against torture and inhumane treatment. As stated in the Convention: a – Every State Party must enact successful legislative, administrative, judicial, or alternative measures to forestall instances of torture within any area under its jurisdiction. b – No extraordinary circumstances, including a state of war or imminent war, internal political unrest, or any other public crisis, can be used to legitimise torture. c – A directive from a higher-ranking official or a public authority cannot be utilised as a justification for torture.

5- As is well known, the Turkish Government alleges that on 15 July 2016, there was an attempted military coup d’état aimed at overthrowing the democratic order. This allegation has been used as a justification for the subsequent authoritarianisation of political power, the declaration of a state of emergency and the elimination of all social opposition groups. The declaration of a state of emergency has led to mass surveillance, detentions and arrests and a severe and organised persecution of almost all dissenting citizens on charges of “terrorist organisation member/traitor/collaborator/foreign agent”.

6- According to the statements made by the government and the Turkish Armed Forces, 8,651 military personnel participated in the events of 15 July 2016. The proportion of the personnel who participated in the so-called coup attempt is 1.5 per cent of the total personnel of the Turkish Armed Forces. 1,676 of these personnel are ordinary soldiers without command authority. 1,214 people are military students studying at military schools [2]. After deducting the number of alleged coup participants from the lowest-ranking soldiers and military students without any commanding power, we are left with a total of 5,761 ranked military personnel who are said to have taken a role in the alleged coup attempt. The Turkish Government has officially declared that a total of 289 legal cases have been initiated against military personnel in Türkiye regarding their involvement in the alleged coup. The number of military personnel who faced legal consequences of the alleged coup attempt on July 15, 2016, stands at 4,891. Of these individuals, 1,634 were sentenced to aggravated life imprisonment, 1,366 received life imprisonment, and 1,891 were given fixed-term imprisonment sentences. In conclusion, it is claimed that the political power was attempted to be overthrown with 4,891 military personnel who were sentenced to prison due to the so-called coup attempt on July 15, 2016.

7- Despite the pre-emptive accusations from the political power, the Gülen Movement has been singled out as the scapegoat for the attempted coup on July 15, 2016. However, it is worth noting that the Parliament (Turkish Grand National Assembly) has hindered a thorough investigation by blocking the participation and testimonies of key figures such as the Chief of the General Staff, the Head of the National Intelligence Service, and other intelligence officials in the parliamentary commission of inquiry. This obstruction has undermined the possibility of a fair investigation. Furthermore, it is essential to highlight that an initial investigation was hastily initiated, resulting in coerced confessions from military personnel under severe torture. These confessions served as the basis for holding the Gülen Movement responsible for orchestrating the coup. [3]

8- All the military personnel who later testified in the Court revealed that their confessions were extracted through extreme torture. They adamantly denied any involvement in a coup attempt, stressing that they were manipulated as mere pawns in a government-engineered scheme. Despite their detailed accounts, these crucial testimonies were disregarded. Instead, investigations into the alleged coup were predominantly based on coerced statements obtained from the military under duress. The blame was pinned on the Gülen Movement. However, the subsequent testimonies in court where military personnel exposed the entire coup narrative as a machination orchestrated by the government were disregarded and omitted from official records [4].

9- After the purported coup endeavour, the Government, on 20 July 2016, proclaimed a state of emergency and informed the Council of Europe about the suspension of specific fundamental rights and liberties. The declaration of a state of emergency has led to widespread purges. The breakdown of the officials dismissed includes:

  • Over 33,500 individuals from educational institutions,
  • More than 31,500 police personnel,
  • Approximately 13,000 members of the armed forces,
  • Over 7,000 medical practitioners,
  • Over 6,000 academics,
  • And around 39,000 other public employees. [5]

10- By the conclusion of 2024, the projected number is set to reach 170 thousand individuals. It is crucial to note that none of the individuals who were relieved of their public positions had any affiliation with the events of terrorism that unfolded on the 15th of July in 2016. Extensive investigations have failed to yield any substantiated links connecting them to the events mentioned above.

11- ”Following the coup attempt on 15 July 2016, a total of 23,971 individuals have been discharged from the Turkish Armed Forces due to their affiliation with -FETÖ-‘” [6]. Moreover, 4,662 judges and prosecutors, among them two members of the Constitutional Court, were removed from their positions and issued arrest warrants for them [7].

12- According to the Ministry of Interior’s official statements, a comprehensive total of 4,022 operations were executed targeting the Gülen Movement from June 1, 2023, to February 21, 2024, leading to the apprehension of 6,045 suspects [8]. The items confiscated primarily include books and electronic devices [9].

13- From 2016 to 2021, the cumulative count of investigations related to terrorist organization membership amounted to 1,768,530 [10]. Projections indicate that approximately 2.2 million individuals will have faced legal actions by 2024.

14- Within the last six years, a concerning 1,576,566 civilians have been falsely categorized as part of armed groups [11]. Data as of 02.05.2024 indicates a total of 329,151 individuals in Turkish prisons [12]. The current global rate of incarceration stands at 140 per 100,000, but in Türkiye it spikes to 267 per 100,000 individuals [13].

15- 1,634 individuals received aggravated life sentences from the initial courts [14]. The United Nations has consistently emphasized that such sentences contravene anti-torture standards (CAT/C/TUR/CO/4 [15] and LOIPR CAT/C/TUR/QPR/5 [16]). Human rights activist Osman Kavala [17] and advocate Hüda Kaya [18] face similar harsh sentencing.

16- There have been continuous occurrences of rigorous interrogation methods, baton assaults [19], and enforced disappearances following severe assaults [20]. Respected legal scholar M. Savas Bayindir underwent torture alongside five colleagues from Gazi University [21].

17- Photographic documentation of torture in secret interrogation centres has been recorded. A medical professional stationed at these facilities has personally observed and brought attention to the torture [22].

18- According to teacher Erhan Dogan, he experienced severe mistreatment, including Palestinian hangings and physical assaults [23].

20- Teacher Gökhan Acikkollu tragically lost his life while in police custody [24] [25]. Human Rights Watch reports have recorded torture after the coup attempt [26]. Nesrin Gencosman [27], Halime Gülsu [28], and Halil Simsek [29] are among the victims who lost their lives.

24- The case of Ahmet Asik exemplifies the institutional safeguards masking torture [30]. The Constitutional Court issued a judgement of violation [31], but no inquiries were initiated against the officials [32].

25- Seref Vatansever perished during an epidemic due to inadequate healthcare provisions within the prison environment [33].

26- Public officials often cite missing or compromised CCTV recordings to absolve themselves [34]. The customary procedures breach the duty outlined in Article 2 of the Convention [35].

31- Acts of sexual harassment and menacing statements regarding spouses [36] are prevalent methods [37]. Adolescent girls aged 13 to 17 are also exposed to severe coercion [38].

33- Mustafa Yeneroglu resigned due to severe human rights violations he witnessed [39] [40] [41].

36- The Social Cost Report by Ömer Faruk Gergerlioğlu outlines documented cases based on victim testimonies [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57].

41- The 2022 report by the Ankara Bar Association sheds light on the alarming reality of torture [58] [59] [60] [61] [62] [63].

46- Between 2016 and 2018, numerous individuals were forcibly disappeared, including Önder Asan and Ayhan Oran [64]. Mustafa Özben’s stories were publicized internationally [65] [66] [67] [68].

47- Individuals forcefully taken from Kosovo and Kenya are also included [69] [70].

48- Orhan Inandi [71] [72] was abducted in Kyrgyzstan and disappeared for 37 days [73] [74] [75].

55- Political authorities actively promote the practitioners of torture by furnishing them with legal immunity [76] through Decree-Laws No. 667 [77], 668 [78], 690 [79], and 696 [80].

68- Teacher Serif Vatansever [81] and Academician Dr. Halil Simsek [82] succumbed to harsh circumstances in detention.

69- Applicants reported a higher incidence of combined physical violence in recent cases [83]. The HRFT statistics provide a detailed breakdown of these methods [84] [85] [86].

References

  1. ^ Opinion No. 51/2020 concerning Arif Komiş, et al.
  2. ^ https://www.aa.com.tr/tr/15-temmuz-darbe-girisimi/tskdan-fetocu-asker-aciklamasi/616536
  3. ^ CAT Convention: Article 15; CAT/C/TUR/QPR/5 para: 46-47.
  4. ^ Ibid.
  5. ^ https://www.amnesty.org/ar/documents/eur44/9210/2018/en/
  6. ^ https://www.aydinlik.com.tr/haber/iste-tskdan-ihrac-edilen-fetocu-sayisi-bakan-guler-acikladi-433911
  7. ^ Council of Europe Commissioner for Human Rights; https://www.coe.int/en/web/commissioner/country-work/turkiye/
  8. ^ https://www.icisleri.gov.tr/fetopdy-silahli-teror-orgutune-yonelik-kiskac-7-operasyonlarinda-67-supheli-yakalandi
  9. ^ https://www.tr724.com/kitapli-teror-orgutu-erman-yalaz/
  10. ^ https://www.mustafayeneroglu.com/adalet-bakanliginin-2021-adalet-istatistiklerine-yansiyan-silahli-teror-orgutu-uyeligi-yargilamalari-verileri-hk-basin-aciklamasi/
  11. ^ https://www.karar.com/yazarlar/figen-calikusu/1-milyon-576-bin-566-teror-orgutu-uyesi-mi-1590920
  12. ^ https://www.prisonstudies.org/country/Türkiye
  13. ^ World Prison Population List, 14th Edition.
  14. ^ https://www.aa.com.tr/tr/15-temmuz-darbe-girisimi/darbe-girisimi-davalarinda-1634-saniga-agirlastirilmis-muebbet-hapis-cezasi-verildi-/2634988
  15. ^ https://undocs.org/CAT/C/TUR/CO/4
  16. ^ https://undocs.org/CAT/C/TUR/QPR/5
  17. ^ https://www.hrw.org/tr/news/2023/10/11/Türkiye-top-court-upholds-rights-defenders-life-term
  18. ^ https://www.evrensel.net/haber/519502/ikinci-koban-iddianamesi-eski-hdpli-5-milletvekili-hakkinda-agirlastirilmis-muebbet-istendi
  19. ^ https://www.tr724.com/aymnin-hak-ihlali-karari-verdigi-ogretmen-eyup-birinciye-orucluyken-tem-polisleri-agir-iskence-yapmis/
  20. ^ https://www.youtube.com/watch?v=puzfFotmHqQ
  21. ^ https://stockholmcf.org/former-academic-says-he-was-brutally-tortured-at-ankara-police-department/
  22. ^ https://www.tr724.com/15-temmuzun-iskence-merkezinde-gorevli-resmi-doktorun-anlattiklari-tuyler-urpetti/
  23. ^ https://aktifhaber.com/gundem/erdogan-rejimi-yargilaniyor-nolur-bize-tecavuz-etmeyin-cigliklarini-unutamiyorum-h166646.html
  24. ^ https://www.youtube.com/watch?v=EXDryZ0C8qo
  25. ^ https://ccprcentre.org/files/decisions/G2301281_(1).pdf
  26. ^ https://bianet.org/haber/human-rights-watch-allegations-of-abduction-and-torture-not-investigated-in-Türkiye-223591
  27. ^ https://www.yeniasya.com.tr/gundem/vefat-eden-genc-hafizenin-ailesi-konustu_467926
  28. ^ https://brokenchalk.org/eine-buchbesprechung-von-das-leben-der-halime-gulsu/
  29. ^ https://www.boldmedya.com/2021/05/20/koronadan-olen-akademisyen-halil-simsekin-savunmasi/
  30. ^ https://www.dw.com/tr/emniyetteki-k%C3%B6t%C3%BC-muameleye-aymden-ihl%C3%A2l-karar%C4%B1/a-59177474
  31. ^ https://kararlarbilgibankasi.anayasa.gov.tr/BB/2017/27330
  32. ^ Convention: Article 10; CAT/C/TUR/CO/4 para: 29.
  33. ^ https://www.boldmedya.com/2021/05/17/iskencecilere-hapiste-bile-boyun-egmeyen-seref-hoca-koronaviruse-yenildi/
  34. ^ CAT/C/TUR/CO/4 para: 19.
  35. ^ Convention: Article 10; CAT/C/TUR/CO/4 para: 29.
  36. ^ CAT/C/TUR/CO/4 para: 17.
  37. ^ https://arrestedlawyers.org/2024/02/25/Türkiye-harrowing-details-of-torture-at-the-afyon-police-hq/
  38. ^ https://x.com/SolidarityHR/status/1790817648810274875
  39. ^ CAT Convention: Article 12, 13, 14; CAT/C/TUR/CO/4 para: 39-42.
  40. ^ https://twitter.com/BOLDmedya/status/1206363420477579265
  41. ^ https://yenisoluk.com/yeneroglu-iskence-ve-kotu-muamelenin-ciddi-bicimde-yayginlastigi-karanlik-bir-donemden-gecmekteyiz
  42. ^ https://www.omerfarukgergerlioglu.com/tbmm/4-5-ve-6-yilinda-ohalin-toplumsal-maliyetleri-arastirma-raporu-basin-toplantisi/28778/
  43. ^ CAT/C/TUR/CO/4 para: 17.
  44. ^ CAT Convention: Article 12, 13, 14.
  45. ^ CAT/C/TUR/CO/4 para: 17.
  46. ^ CAT Convention: Article 12, 13, 14.
  47. ^ CAT/C/TUR/CO/4 para: 17.
  48. ^ CAT/C/TUR/CO/4 para: 19.
  49. ^ Convention: Article 10; CAT/C/TUR/CO/4 para: 29.
  50. ^ CAT Convention: Article 12, 13, 14.
  51. ^ Convention: Article 14; CAT/C/TUR/CO/4 para: 39.
  52. ^ Convention: Article 14; CAT/C/TUR/CO/4 para: 39.
  53. ^ CAT/C/TUR/CO/4 para: 17.
  54. ^ Conditions of Detention: Article 2, 11, 16. CAT/C/TUR/CO/4 para: 31.
  55. ^ CAT/C/TUR/CO/4 para: 17.
  56. ^ Convention: Article 10; CAT/C/TUR/CO/4 para: 29.
  57. ^ CAT Convention: Article 12, 13, 14.
  58. ^ Ankara Barosu avukatlari tarafindan hazirlanan 26.01.2022 tarihli rapor. https://ankarabarosu.org.tr/duyuru/4227e110-8a71-11ed-ac25-000c29c9dfce
  59. ^ 02.03.2022 dated report prepared by the Ankara Bar Association.
  60. ^ CAT Convention: Article 11; CAT/C/TUR/CO/4 para: 29.
  61. ^ Ankara Barosu Insan Haklari merkezinin 04.04.2022 tarihli raporu.
  62. ^ https://ankarabarosu.org.tr/upload/diger/raporlar/04.04.2022_tarihli_ihm_rapor.pdf
  63. ^ CAT Convention: Article 11; CAT/C/TUR/CO/4 para: 29.
  64. ^ https://icj2.wpenginepowered.com/wp-content/uploads/2018/07/Türkiye-LOIPR-ICJIHOP-June2018-final.pdf
  65. ^ https://Türkiyetribunal.org/the-witnesses/mustafa-ozben/
  66. ^ https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-198642%22]}
  67. ^ https://www.opendemocracy.net/en/north-africa-west-asia/turkish-spies-are-abducting-erdogans-political-opponents-abroad/
  68. ^ https://www.youtube.com/watch?v=G4QeXGqHCF8
  69. ^ https://www.euronews.com/2018/03/31/erdogan-attacks-kosovo-prime-minister-for-sacking-officials-who-sanctioned-teacher-kidnap
  70. ^ https://www.bbc.com/news/world-europe-57304094
  71. ^ https://tr.euronews.com/2021/07/07/insan-haklar-izleme-orgutu-inand-n-n-mit-operasyonuyla-turkiye-ye-getirilmesi-hukuka-ayk-r
  72. ^ https://www.hrw.org/news/2021/06/09/kyrgyzstan-missing-dual-turkish-kyrgyz-citizen-risks-torture-removal-Türkiye
  73. ^ https://kronos36.news/tr/ankara-barosunun-gizledigi-orhan-inandiya-iskence-raporundan-biz-devletiz-istersek-seni-oldururuz/
  74. ^ CAT Convention: Article 11; CAT/C/TUR/CO/4 para: 29.
  75. ^ Transnational repression threat; https://rm.coe.int/
  76. ^ CAT Convention: Article 12, 13; CAT/C/TUR/CO/4 para: 39-42.
  77. ^ https://www.resmigazete.gov.tr/eskiler/2016/07/20160723-8.htm Madde 9.
  78. ^ https://www.resmigazete.gov.tr/eskiler/2016/07/20160727M2..htm Madde 37
  79. ^ https://www.resmigazete.gov.tr/eskiler/2017/04/20170429-M1-2.htm Madde 52
  80. ^ https://www.resmigazete.gov.tr/eskiler/2017/12/20171224-22.htm Madde 121
  81. ^ https://boldmedya.com/2021/05/18/olmeyi-istedim-nazli-bu-insanlar-bize-boyle-ne-yapiyor/
  82. ^ https://www.boldmedya.com/2021/05/20/koronadan-olen-akademisyen-halil-simsekin-savunmasi/
  83. ^ CAT Convention: Article 11; CAT/C/TUR/CO/4 para: 29.
  84. ^ CAT Convention: Article 11; CAT/C/TUR/CO/4 para: 29.
  85. ^ CAT Convention: Article 12, 13, 14; CAT/C/TUR/CO/4 para: 39-42.
  86. ^ https://stockholmcf.org/torture-inhuman-treatment-and-conditions-in-turkish-prisons-2023-in-review/

No comment yet, add your voice below!

Add a Comment

Your email address will not be published. Required fields are marked *