DocumentsDate added

Briefing Paper - Implementation Gaps in Turkey's Domestic Law

Entry to the European Union is predicated on the state achieving the political elements of the Copenhagen Criteria. Turkey 's domestic law, in its pre-accession state, fell short of these requirements and of its obligations under the European Convention on Human Rights. In order to meet the criteria, the Turkish Government began in 2001, a program of legislative reforms designed to harmonize its domestic legislation with the Copenhagen Criteria and set out her progress to Accession.

At the heart of these reforms was a major overhaul of the Turkish Constitution, accompanied by seven packages of legislative reforms amending a number of pieces of legislation including major redrafts of the Turkish Civil and Penal code. These amendments were intended to liberalise the Turkish legal system, advance fundamental rights and freedoms and end years of states restrictions in a number of key areas such as torture and the freedom of expression; to address the security situation in the Southeast of Turkey and to promote the ideals of democracy and the rule of law.

KHRP believes that Turkey 's membership of the EU offers the only real and stable viable option for resolution of the Kurdish question. However, it is essential to closely monitor Turkey 's progress on both legislative reform and its practical implementation.

Since the opening of official EU Accession negotiations in October 2005, KHRP is concerned that a sense of complacency has pervaded the Turkish government's attitude towards full implementation of the reforms. This concern seems to be echoed at the European level. The European Parliament's draft report on Turkey 's progress towards accession released in June 2006 has criticised the pace of change in Turkey , deploring the limited progress on fundamental rights and freedoms, and has stated that there is an urgent need to implement the legislation already in force.

This briefing paper lays out a number of key areas that Turkey must still address if it is to meet with its international human rights obligations. Without pressure from the international community on Turkey to keep the promises it has made, the harmonization packages could become nothing more than Turkey paying ‘lip service to EU bureaucrats', and the human rights situation in the country will remain fundamentally unchanged.

Publication available for free from khrp@khrp.org or +44 (0) 207 405 3835, or by downloading below.

• Details

Turkey's Accession to the EU: Democracy, Human Rights and the Kurds

This publication, presented at the 2nd annual EUTCC conference on Turkey , the Kurds and the EU in September 2005, discusses the background to Turkey 's accession to the EU. It evaluates the likely impact of EU membership on the democratisation process within Turkey and its likely benefits for human rights and fundamental freedoms and for Turkey 's Kurdish population. The publication goes on to assess the reforms that have been enacted thus far as part of the accession process, particularly the amendments that have been made to the Turkish Penal Code. Whilst acknowledging that great strides have been made, it ultimately concludes that a lot of work remains to be done on the part of the Turkish administration if the accession process is to fulfil the promise that it has engendered.

ISBN 19001750991

Available for £10.00 by contacting khrp@khrp.org or by downloading below

• Details

Kurdish Culture in the UK – Briefing Paper

The Kurdish community in the United Kingdom provides a rich fabric of cultural expression and talent from which the rest of society can benefit. A number of significant Kurdish cultural projects have been located in the UK, and Kurds have received a degree of acceptance in mainstream culture. This briefing paper highlights measures that could support such intergration, including the need for accurate ethnic monitoring, the encourage of Kurdish language education by education institutions and by parents, by according political rights to refugees, and by developing relationships between the Kurdish community and bodies such as the new Commission for Equality and Human Rights. The paper was presented at a Council of Europe Hearing on Kurdish Culture in January 2006.

• Details

Briefing Paper: Freedom of Expression in Turkey

Turkey is committed under international law to secure the right to freedom of expression and has instituted numerous reforms in this area in relation to the EU accession process. Yet despite the abundance of new legislation, there remain serious concerns that the law continues to emphasise the protection of the state at the expense of the individual. In recent months the widespread apprehension has proved to be well founded. Publishers, journalists, and satirists continue to be prosecuted and convicted for non-violent expression.

If Turkey is to adequately protect the right to freedom of expression, additional reforms are needed to bring legislation in line with international standards. Furthermore, legal reform must be accompanied with a fundamental shift in the attitudes of the Turkish authorities.

Available for free by contacting khrp@khrp.org or by downloading below

• Details

Briefing Paper: Torture in Turkey

Turkey’s efforts to align its legislation and policy with EU standards have been positive, yet implementation on the ground has been uneven. An area of particular concern is the continuing practice of torture or ill-treatment. Perpetrators are usually law enforcement officials, gendarmerie and security forces and in recent years there has been a marked increase in more sophisticated torture methods that do not leave visible marks and ill-treatment outside of places of detention.

This report addresses the issue of torture and ill-treatment of individuals in detention and police custody in Turkey, and the most effective means of prevention.

Available for free by contacting khrp@khrp.org or by downloading below

• Details

Human Rights Defenders in Turkey

Turkey has a vibrant and dynamic human rights movement which has defied the odds to form an effective force for bringing the Turkish government to account for breaches of human rights. It is of crucial importance to Turkey's democratisation effort that Turkey acknowledges the validity of Human Rights Defenders (HRDs) activities and respects their rights. HRDs not only play a valuable role to the process of democratic renewal, but provide a gauge of a government's true commitment to genuine democratisation.

Because of their tendency to expose and criticise state actions violating human rights and to seek to impose government accountability, HRDs frequently themselves become primary targets of repressive state practices in breach of human rights. HRDs' messages are silenced; they are denied access to victims of human rights abuses, and frequently face arbitrary detention, torture, ill-treatment and even ‘disappearance'.

KHRP has been instrumental in documenting abuses committed against HRDs, through pressing for improvements in their treatment and using international mechanisms to achieve justice for HRDs whose rights have been violated. This report is the result of research carried out by KHRP in London and representatives in Turkey. The aim of this report is to contribute to analysis and debate on the reform process as part of the EU accession by examining how far is progressing in the direction of European standards in its treatment of HRDs.

Publication available for 10 GBP from khrp@khrp.org or +44 (0) 207 405 3835 – ISBN 19001750991, or by downloading below.

• Details

KHRP Impact Report 2005

The Impact Report presents a unique insight into the work of the non-governmental organisation Kurdish Human Rights Project during the course of one-year, and consequently into the Kurdish regions. Founded in London in 1992, KHRP is the only human rights organisation working consistently in the Kurdish regions of Turkey, Iraq, Iran, Syria and the Caucasus that is completely independent of political affiliation. Founded in London in 1992, it works to enhance the rights of both Kurds and non-Kurds.

This report assesses the impact of the organisation in 2005 – including the outcomes of its litigation, advocacy, training, trial observations, fact-finding missions, research and public awareness initiatives. It details developments on a range of key human rights themes, including issues of political and judicial systems; detention, torture and ill-treatment; discrimination; environmental justice; extra-territorial human rights obligations; freedom of expression; gender equality; internal displacement and expropriation; refugees, asylum seekers and migrants; and the right to life.

The KHRP Impact Report should be viewed as the primary resource for those interested in developments in the human rights situation in the Kurdish regions in 2005.

• Details

Indiscriminate Use of Force: Violence in Southeast Turkey – Fact-Finding Mission Report

On 24 March 2006, fourteen Kurdistan Workers’ Party (PKK) guerrillas were killed in the mountains outside Diyarbakır by the Turkish army. Thousands of people attended the funerals. Although they passed peacefully, some funeral goers threw stones and rocks when passing a police station. The police responded with tear gas, water cannons, batons and firearms, apparently indiscriminately. The security thereafter deteriorated and Special Forces were deployed. Violence rapidly spread to other Kurdish cities; many were killed, including children, and hundreds more were injured. Three people were killed when a bomb was thrown at a bus in Istanbul in protest at the violence in the south-east. Hundreds of people were detained, many of them illegally, including many children, facing a real risk of torture or inhuman treatment.

KHRP mission members, Michael Ivers and Brenda Campbell, visited the region between 19 and 24 April in order to monitor and document the situation on the ground. They spoke with witnesses of the violence and local human rights organisations. This report documents the mission’s findings.

Publication available for 10 GBP from khrp@khrp.org or +44 (0) 207 405 3835 – ISBN 1905592027, or by downloading below:

• Details

KHRP Legal Review 10

This is the only existing legal journal covering significant legislative and policy developments in the Kurdish regions of Turkey, Iraq, Iran, Syria and elsewhere. Published biannually, this edition covers the period from June to November 2006, including summaries and analysis of the most significant decisions of the ECtHR.

Uniquely, this journal covers new cases that have not yet reached any judicial decision, but nonetheless provide invaluable updates of the most recent allegations of human rights violations to be submitted to international courts and mechanisms.


This edition features news and updates on all the Kurdish regions, as well as newly communicated cases and admissibility decisions and judgments of the ECtHR and the UN. The journal is essential reading for anyone interested in monitoring legal developments in Turkey, Iraq, Iran, Syria, Armenia and Azerbaijan.


Publication available for £8.00+ £2.00 (P+P) from khrp@khrp.org or +44 (0) 207 405 3835, ISSN 1462-6535 or by downloading below

• Details

IDPs and refugees : Preliminary findings

A fact-finding mission to Van and Ankara, Turkey, in July 2006 organised by the Kurdish Human Rights Project investigated state policy and practise regarding measures to provide redress to persons displaced during the 1980's and 1990's armed conflict in East and Southeast Turkey, and the treatment of refugees and internally displaced persons in Turkey. In conducting its research, the mission established serious shortcomings in the legal framework in place to address the problems faced by these two marginalised groups. If Turkey is to institute the necessary mechanisms to remedy the situation of IDPs and refugees, the mission recommends a series of reforms which conform with international standards.

Available for free by contacting khrp@khrp.org or by downloading below

• Details