Human Rights Now, a Tokyo based international human rights NGO, released a statement “Human Rights Now urges the government of Turkey to respect international human rights laws and give all detained and suspended lawyers, judges and prosecutors the full right to exercise their duties” on August 15, 2016.
Also we have received a response letter to our statement from H.E. Mr. A. Bülent MERİÇ, the Turkish Ambassador to Japan. Whole texts of our Statement and the letter are as below.
Download the Statement: 20160815 Statement on Human Rights in Turkey Following the Coup attempt [PDF]
The response letter from the Turkish Ambassador to Japan: 20160817 Response Letter from Turkish Ambassador [PDF]
August 15, 2016
Human Rights Now urges the government of Turkey to respect international human rights laws and give all detained and suspended lawyers, judges and prosecutors the full right to exercise their duties
- Background
The aftermath of the July 15 coup d’état attempt in Turkey has affected the lives of tens of thousands of people. Those who were accused of being “coup plotters” or “rebels” have been detained, arrested, tortured, raped or killed in the name of “a state of emergency” declared by Turkey’s President Recep Tayyip Erdoğan on July 20, 2016.[1] According to media reports, the government of Turkey began a purge against members of its own civil and military service in the wake of the incident. There have been more than 10,000 persons detained since the coup and credible reports that detainees in official and unofficial detention centers have been subjected to beatings, sexual assault, torture, prolonged stress positions, and denials of food, water, medical treatment, and contact with family and lawyers.[2]
Human Rights Now, as an international human rights NGO, is extremely concerned about the current situation of human rights in Turkey and believes that urgent actions need to be taken in order to stop the ongoing human rights violations. Above all, our greatest concern is mass detentions and suspensions of lawyers, judges and prosecutors whose right to exercise their legitimate duties has been taken away during this time of human rights crisis.
- Government Crackdown and a “State of Emergency”
On 16 July 2016, only a day after the failed coup attempt, the Supreme Board of Judges and Prosecutors of Turkey (the Turkish High Council of Judges and Prosecutors) suspended 2,745 Turkish judges including Supreme Court judges from duty and ordered their detention.[3] Of these judges, 541 were in the administrative judiciary and 2,204 were in the criminal judiciary. This amounted to approximately 36% of all judges in Turkey at the time. In addition, approximately 755 judges and prosecutors, including two judges of the Constitutional Court, have been detained without evidence to support the allegations that they were linked to the attempted coup.[4]Along with the government crackdown, Turkey has enacted a series of laws which resemble those often seen in a totalitarian government. On July 20, Turkish President Recep Tayyip Erdoğan declared a state of emergency for at least three months, effectively giving the Prime Minister and his cabinet the power to rule by decree and bypass Parliament.[5] On the following day, a government spokesperson announced that Turkey would formally suspend its compliance with the European Convention on Human Rights (ECHR) and during a temporary state of emergency. In addition, President Erdogan has stated that detentions will rise if people are guilty and that he is prepared to bring back the death penalty if necessary.[6] On July 23, the pre-charge detention limit was increased from 4 to 30 days in the first decree issued under the state of emergency.[7] Suspects can now be detained for as long as 30 days without charge, and the government can listen in on all conversations which they have with their attorneys.[8]
- Turkey’s Human Rights Duties
Human rights in Turkey are protected by international law treaties that take precedence over Turkish legislation according to Article 90 of the 1982 Constitution.[9] Article 15 of the Turkish Constitution provides that the authorities cannot suspend the entire ECHR even during a state of emergency; they may only derogate certain rights to the extent strictly necessary.[10] Moreover, Turkey ratified the International Covenant on Civil and Political Rights (ICCPR) in 2003 and the Second Optional Protocol to the ICCPR in 2006, which prohibits use of the death penalty among member states.[11] Article 4 of the ICCPR also does not permit blanket suspension of the entire treaty or a protocol, only the derogation of certain rights in a state of emergency to the extent strictly necessary. Even accounting for the allowance of specific derogations in emergencies, both the ECHR and ICCPR do not permit the derogation of the rights to life, prohibition of torture, non-discrimination, and the prohibition of ex post facto crimes, and in the ICCPR the freedom of religion, even in emergencies..[12]
Furthermore, we believe that cruel and inhuman treatment of the detainees as well as suspensions and removals of professionals in the fields of the judiciary, education and media also violate the human rights protected under other treaties which Turkey has signed. This includes the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and inhuman or Degrading Treatment or Punishment.[13]
- Recommendations
HRN calls on the Turkish government to:
・Abide by the rule of law and respect Turkey’s duties under its international human rights conventions to protect the human rights of its citizens, including the non-derogable rights to life, no torture, no ex post facto crimes, non-discrimination, and freedom of religion.
・Return to detained and suspended lawyers, judges and prosecutors the full right to exercise their duties and serve people in need of legal assistance and justice.
・End all abuses against detained persons, including beatings, torture, sexual assault, and deprivations of food, water, medical care, and visits with family and lawyers, and provide an effective remedy to detainees so abused.
End//
[1] Turkey suspends European Convention on Human Rights in wake of attempted coup. Independent. 21 Jul. 2016. http://www.independent.co.uk/news/world/europe/turkey-coup-attempt-human-rights-president-erdogan-purge-turkish-military-a7148166.html
[2] Turkey: Independent monitors must be allowed to access detainees amid torture allegations. Amnesty International. 24 Jul. 2016. https://www.amnesty.org/en/latest/news/2016/07/turkey-independent-monitors-must-be-allowed-to-access-detainees-amid-torture-allegations/ (referencing witness statements made directly to AI).
[3] UN human rights chief urges Turkey to uphold rule of law in response to attempted coup. UN News Centre. 19 Jul. 2016. http://www.un.org/apps/news/story.asp?NewsID=54492#.V6J0qeRTHv9
[4] Human Rights Monitoring Group Update-July21, 2016. Gazette. The Law Society of Upper Canada. 21 Jul. 2016. http://www.lawsocietygazette.ca/news/human-rights-monitoring-group-update-july-21-2016/
[5] Turkey crackdown by the numbers: Statistics on brutal backlash after failed coup. Amnesty International. 26 Jul. 2016. https://www.amnesty.org/en/latest/news/2016/07/turkey-crackdown-by-the-numbers-statistics-on-brutal-backlash-after-failed-coup/
[6] Turkey coup attempt: Erdogan signals death penalty return. BBC News. 19 Jul. 2016. http://www.bbc.com/news/world-europe-36832071
[7] Amnesty International, supra, n. 2.
[8] Turkey detainees tortured, raped after failed coup, rights group says. CNN World. 27 Jul. 2016. http://www.cnn.com/2016/07/26/europe/turkey-coup-attempt-aftermath/
[9] Constitution of the Republic of Turkey. Retrieved. 3 Aug. 2016. https://global.tbmm.gov.tr/docs/constitution_en.pdf
[10] Amnesty International, supra, n. 5.
[11] International Covenant on Civil and Political Rights (ICCPR). United Nations Human Rights. Retrieved. 3 Aug. 2016. http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx; Second Optional Protocol to the ICCPR, 15 Dec. 1989; http://www.ohchr.org/EN/ProfessionalInterest/Pages/2ndOPCCPR.aspx, Art. 1.
[12] The non-derogable clauses are provided in ECHR Art 15 and ICCPR Art 4. Right to life (ECHR: Art 2, ICCPR Art 6) torture (ECHR Art 3, ICCPR Art 7), freedom of religion (ICCPR 18), No ex post facto crimes (ECHR Art 7, ICCPR Art 15), non-discrimination (ICCPR Art 4, ECHR Art 14).
[13] Ratification of Indernational Human Rights Treaties-Turkey. Human Rights Library. University of Minnesota. Retrieved. 3 Aug. 2016. http://hrlibrary.umn.edu/research/ratification-turkey.html; European Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights. Council of Europe. Retrieved. 3 Aug. 2016. http://www.echr.coe.int/Documents/Convention_ENG.pdf; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment-Text of the Convention and Explanatory Report. Council of Europe. Retrieved. 3 Aug. 2016. http://www.cpt.coe.int/en/documents/eng-convention.pdf.
17.08.2016
Ms. Kazuko Ito
Secretary General
Human Rights Now
7F Creative One Akihabara Bldg. 5-3-4 Ueno
Taito-ku, Tokyo 110-0005
Dear Ms. Ito,
Having read with regret the statement of “Human Rights Now” (HRN) reflecting many unfounded allegations regarding the measures taken by the Turkish Government following the July 15 failed coup attempt in Turkey, I feel myself obliged to address the incorrect information in your statement.
First and foremost, I would like to emphasise that the State of Emergency which was declared by the Council of Ministers of Turkey as of 21 July 2016 for a period of 90 days is a measure permitted by the Turkish Constitution and regulated by relevant national legislation. It was declared in order to take necessary steps in the most prompt and effective manner in the fight against the Gulenist network which is behind the July 15 coup attempt. It is a practice permissible under international human rights law, including the European Convention on Human Rights (ECHR). Turkey is not the only country who resorted to declare State of Emergency in such circumstances. In fact, many other democratic countries did the same when facing similar or even lesser degree security threats. Moreover, contrary to your allegations, the State of Emergency was not declared by the Turkish President himself. In fact, the Council of Ministers took this decision in its meeting under the chairmanship of President Recep Tayyip Erdoğan, in view of the recommendation dated 20 July 2016, no. 498 of the National Security Council of Turkey. The decision was then approved by the Turkish Parliament on 21 July 2016.
Secondly, you mention in the HRN statement that the compliance with the ECHR would be suspended by Turkey. This claim also does not correspond to the facts. Turkey has resorted to the right of derogation as prescribed by the ECHR. Article 15 of the Convention allows the Contracting Parties to take measures derogating from their obligations under the Convention, in extraordinary circumstances such as a state of emergency. Many members of the Council of Europe, most recently France, have also made use of this flexibility allowed by the ECHR. The measures that Turkey may resort to under the State of Emergency, will conform to the principles of necessity and proportionality laid down in the ECHR. Furthermore, while taking these measures under Article 15 of the ECHR, Turkey continue to be subject to the supervision of the European Court of Human Rights.
In your statement, you refer to an article published in the Independent on 21 July 2016 by asserting that “Those who were accused of being “coup plotters” or “rebels” have been detained, arrested, tortured, raped or killed in the name of “a state of emergency” declared by Turkey’s President Recep Tayyip Erdoğan on July 20, 2016”. If you carefully examine the article you refer to, you will notice that the issue of the people whom you claim to be “killed” has nothing to do with the rule of State of Emergency. These people were in fact brutally killed by the coup plotters whose aim was to overthrow the democratically elected government, the President and the constitutional order of Turkey. I think there is a sheer misunderstanding of the article you read.
Moreover, the references you have made to the Amnesty International’s unsubstantial and unfounded allegations that the suspects who were detained after the coup attempt were tortured and ill-treated do not reflect the truth. The rule of law is main principle of Turkey, and even under the rule of State of Emergency, arrest and custody procedures are performed in accordance with the national and international human rights law.
I also would like to clarify that the suspended lawyers, judges and public prosecutors mentioned in the HRN statement are considered to be members of, or have relation, connection or contact with the Gulenist network which poses a grave threat to survival and security of law will be strictly observed, as always.
In this respect, lawsuits may be filed with the competent courts against all kinds of acts and measures taken during the State of Emergency. Legal remedies are available, including the right of individual application to the Constitutional Court. I would also like to reiterate that the supervision of the European Court of Human Rights still continues.
I attach herewith my article on the failed coup attempt and the role of the Gulenist network for your information.
Yours sincerely,
A. Bülent MERİÇ
Ambassador