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A Fact-Finding Mission in Kurdistan, Iraq: Gaps in the Human Rights Infrastructure

A Fact-Finding Mission in Kurdistan, Iraq: Gaps in the Human Rights Infrastructure is based on a series of visits to the region in the course of 2007 and early 2008, during which mission members detected an enormous desire amongst civil society representatives and government officials for proper implementation of human rights norms, accountability and the rule of law. The reality, however, is a region where there remains a lack of awareness amongst members of the public about their human rights and a dearth of effective systems in place to ensure that these rights are protected. While the mission noted that all countries in transition need time to develop their infrastructure, such weaknesses are also partly due to a lack of strategic planning for long-term strengthening of mechanisms for human rights protection, and in particular to a disappointing absence of investment by the international community in support of this end.
 
The report explains the historical and political context of the current human rights situation in Kurdistan, Iraq, and goes on to explore this situation with special reference to women’s rights, minority rights, freedom of expression, and the rights of prisoners and other detainees. Further sections are dedicated to the human rights situation in Kirkuk and other ‘disputed areas’, and the impact of the military incursions into Kurdistan, Iraq, by neighbouring countries. It concludes with a set of recommendations for the Government of Iraq, the Kurdistan Regional Government, local civil society organisations, the international community and international NGOs working in the region.

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Return to a State of Emergency? Protecting Human Rights in South-East Turkey

This report is based on the findings of a KHRP mission to south-east Turkey in March 2008 to gather information on the situation there following recent military operations – including cross-border incursions and aerial bombardments – against the Kurdistan Workers’ Party (PKK).  Amid the increased unrest, the provinces of Şırnak, Hakkari and Siirt had been declared high-security zones and checkpoints had been set up in neighbouring regions. There were reports of the use of chemical weapons and the mutilation of the bodies of PKK members by state security forces, as well as killings of civilians during PKK attacks. Civil society groups were also said to be facing difficulties carrying out their work.

Mission members met with representatives of political parties, state officials and civil society groups, as well as people living in the high security zones and local administrators. They noted a general consensus that the situation in these regions had deteriorated over the last two years, although it had not reached the same levels of oppression and human rights violations seen in the 1990s. The mission found that the human rights most affected by the conflict were freedom of expression, thought and association, though torture, ill-treatment and extra-judicial killings were also occurring.

The report includes an overview of the political background in Turkey, as well as domestic, regional and international legislative provisions relevant to the conflict. It also deals with the economic, social and political consequences of the fighting in the south-east and places all of this in the context of Turkey’s accession to the European Union.

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Legal Review 13

KHRP’s Legal Review is the only existing legal journal covering significant legislative and policy developments in the Kurdish regions of Turkey, Iraq, Iran, Syria and the Caucuses and is essential reading for anyone interested in monitoring legal developments in these countries.

Covering the period from December 2007 to June 2008, the Review features news and updates from the Kurdish regions, and summaries and analysis of the most significant decisions of the ECtHR, ECJ and UK Courts. Uniquely, the 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. Articles in this issue address the implications of oil contracts in the Kurdistan region of Iraq, women and religious freedom, internally displaced women in Western Turkey and extra territorial acts in Iraq.

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Paper; The Role of Kurdish Women in Dialogue, Conflict Resolution and the Struggle for Human Rights

Paper prepared by KHRP Deputy Director Rachel Bernu

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Persecuting Publishers, Stifling Debate: Freedom of Expression in Turkey

This Trial Observation Report details the processes KHRP observed during the final stages of the trial of Ahmet Önal, the Kurdish publisher, on 13 February 2008 in Istanbul. Mr. Önal’s trial concerned a paragraph in a book he published, Diaspora Kürtleri (Diaspora Kurds), which discussed the role and influence of the Kurdistan Workers’ Party (PKK) amongst Kurds in the former Soviet Union.  This led to charges of his showing demonstrable support of an ‘armed terror organisation’.

The Report also places KHRP’s procedural observations in the context of Turkey’s obligations to ensure a fair trial for all its citizens, as well as the ongoing challenges to freedom of expression in Turkey and its bid to accede to the European Union. Although Mr. Önal was acquitted of his charges, the report reflects concerns that spurious charges and trials are being used in Turkey to obstruct the operation of publishing and journalism, and more broadly to inhibit public discussion of fundamental political, social or historical issues. As the Report details, several similar prosecutions of individuals who have exercised their right to freedom of speech are ongoing in Turkey, indicating the extent of the problem.

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KHRP Responds to Committee of Ministers Resolution on Human Rights and the Turkish Security Forces

KHRP public statement in response to the resolution passed by the Council of Europe (CoE) Committee of Ministers on 18 September 2008, relating to its examination of human rights issues stemming from the actions of Turkey’s security forces.

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Protecting Politicians or Protecting Democracy? Parliamentary Immunity and Party Closure in Turkey

The formation of a Democratic Society Party (DTP) group in parliament following the July 2007 general elections in Turkey gave a pro-Kurdish party representation in the country’s parliament for the first time in 14 years. Since then, prosecutors have filed a number of requests to have the parliamentary immunity of DTP MPs lifted in order to pave the way for legal proceedings against them, and have instigated proceedings to have the party shut down. In March this year, a closure case was also opened against the ruling Justice and Development Party (AKP). KHRP’s latest briefing paper explores the mechanisms available in Turkey for the lifting of parliamentary immunity and the shutting down of political parties, and the ways in which these mechanisms have been employed in the relentless pursuit of parties and politicians by unelected agents.

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A Children’s Choir Face Terrorism Charges : Juveniles in the Turkish Justice System

In June 2008 a KHRP mission travelled to Diyarbakır in south-eastern Turkey to observe trial proceedings against members of a local children’s choir who had been charged under anti-terror laws for singing a Kurdish song at a world music festival in the United States the previous October. Prosecutors argued that the song was associated with the outlawed Kurdistan Workers’ Party (PKK) and that singing it amounted to disseminating propaganda on behalf of a terrorist organisation. Of nine children who went to trial, three faced proceedings in an adult court. Although all were eventually acquitted, the episode illustrated the threats posed to human rights by Turkey’s recently-amended anti-terror legislation, as well as the failure of the country’s criminal justice system to afford adequate protection to children. Contrasting the treatment of the children with standards set out in international human rights agreements, this trial observation report also places the case in the context of broader patterns of restrictions on freedom of expression and cultural and language rights in Turkey.

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Turkey’s Anti-Terror Laws: Threatening the Protection of Human Rights

This briefing paper explores Turkish anti-terror legislation in the wake of amendments in 2006 that brought into effect a series of draconian provisions which fail to meet the country’s human rights obligations under international law and which have in practice been used to violate the human rights of it citizens. In particular, the new law fails to respect international human rights obligations by containing a definition of terrorism which is too wide and vague, by increasing the range of crimes that can count as terrorist offences, and by posing a serious threat to the freedoms of expression and association, the right to a fair trial, and the prohibition of torture. Such legislation only serves to further the deterioration seen in the human rights situation in Turkey since 2005 and should therefore be amended.

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The Situation of Kurdish Children in Turkey: DRAFT VERSION

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