AS A METHOD OF COLLECTIVE GUILT AND PUNISHMENT
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.
The association “Action for Refugee Aid e.V.” was founded in 2018 by Berliners and refugees who fell victim to political discrimination in Turkey. The aim of the association is, on the one hand, to support refugees in the asylum process and, on the other hand, to help refugees integrate into local society. Another task of the association is to make legal violations (such as persecution) and discrimination in the countries of origin public.
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In Turkey, politically motivated detentions and arrests are carried out against Kurds and members of the Gülen Movement through mass trials and mass arrests. In these cases, suspects or defendants are detained and arrested collectively based on their membership of a particular group, not based on concrete acts committed. There is no individualisation of crimes and punishments. Merely belonging to a specific group is sufficient to be accused of being a ‘traitor’ and ‘enemy of the state’, and evidence and documents of guilt are produced and obtained after the arrest.
The members of the group are considered guilty in advance from the beginning. Therefore, it does not matter which act they have committed concretely. The individual is eliminated, and guilt is created against a group with a collective prejudice. The accusations are directed collectively against all defendants, and they are accused of destroying the country, collaborating with foreign enemies, attempting a coup d’état and being members of a terrorist organisation. It does not matter with which actions they have committed this offence. Although there must be an act, an act of an individual and that act must constitute a violation of the law in terms of criminal law, the completely legal activities of individuals, the books they read, their social media posts, how many children they have, whether they have had an abortion, whether 3 they have disabled children, with whom they chat, with whom they are housemates can be considered sufficient evidence to be shown as a member of a terrorist organisation.
A person’s right to liberty and security is considerably narrowed against political opponents, and even the most natural behaviour can be interpreted as a criminal offence through political interpretation. In many decisions by the United Nations Human Rights organisations so far, it has been found that ‘widespread and systematic imprisonment or other serious deprivation of liberty’ against members of the Gülen Movement has reached the level of crimes against humanity1.
Indeed, the United Nations Working Group on Arbitrary Detention emphasises that mass detentions, mass arrests and mass sentences in Turkey are imposed collectively against a group without individualisation of offences and punishments. In its judgment on 94 military students sentenced to life imprisonment in relation to the events of 15 July 2016, it stated that ‘mass trials are contrary