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Legal Review 16
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Legal Review 16 covers the period from June to December 2009 and features news and updates relevant to the Kurdish regions, as well as summaries and analysis of relevant decisions of international, UK and U.S. Courts. Articles in this edition cover the procedural aspects of convention rights, the failings and threat of Turkey’s Anti-Terror laws regarding human rights standards, an overview of the lesser-known Council of Europe’s powers in respect of human rights, the factors to be considered for the enhancement of democracy and justice regarding the Kurdish issue, as well as the deficiencies of the regime of Refugee Status Determination and its impact on the status of Kurdish asylum seekers and Iraqi refugees.
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Submission to the UN Universal Periodic Review of the Republic of Turkey
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Submission to the UN Universal Periodic Review of the Republic of Turkey
For consideration by the Office of the UN High Commissioner for Human Rights for the eighth session of the UPR Working Group in 2010
9 November 2009
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NGO Coalition Submission to the UN Universal Periodic Review of the Republic of Armenia
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NGO Coalition Submission to the UN Universal Periodic Review of the Republic of Armenia
For consideration by the Office of the UN High Commissioner for Human Rights for the eighth session of the UPR Working Group in 2010
9 November 2009
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The Civilian Toll of Cross-Border Operations in Iraq: Fact-Finding Mission Report
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For the past 26 months Turkey and Iran have been engaging in extensive cross-border military operations in northern Iraq, ostensibly with the purpose of fighting the Kurdistan Workers’ Party (PKK) and the Free Life Party of Kurdistan (PJAK), Kurdish separatist groups seen as threats to their national security. Mounting evidence indicates that far from being isolated cases of belligerence, these two states often work in concert with each other, harmonising their attacks. Despite persistent claims from both governments that these campaigns are only directed at the PKK and PJAK, a claim sustained by the media which largely portrays the air strikes and offences as being directed solely at military targets, multiple KHRP missions to northern Iraq have provided compelling evidence of the significant harm caused to the civilian population by Turkey and Iran’s ongoing operations.
This report builds on KHRP’s report of July 2008, ‘A Fact-Finding Mission in Kurdistan, Iraq: Gaps in the Human Rights Infrastructure’. Drawing on the statements of affected individuals, those providing humanitarian assistance to the affected and the observations of the mission members themselves, this new report details the ways in which these ongoing cross-border operations have detrimentally affected the lives of the inhabitants of the region. The operations have led to loss of life and debilitating injury, loss of livelihood and property, the destruction of traditional village modes of life and the traumatisation of the affected communities, especially children.
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Human Rights in the Kurdish Regions of Turkey: Three Pressing Concerns
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This report is based on the findings of a mission dispatched to Turkey by KHRP in May 2009 following reports of widespread detentions and investigations of pro-Kurdish politicians and activists in the aftermath of the March 2009 local elections. The mission travelled to the provinces of Şırnak, Siirt, Mardin, Batman and Diyarbakır, collecting information regarding impunity of state officials, women’s access to justice and restrictions on the work of human rights defenders. Concerns highlighted include the persistence of a culture of impunity among state officials responsible for human rights violations, widespread practice of violence against women, lack of mechanisms for protection and redress for victims of violence, harassing of human rights defenders. Underlying those issues is the lack of implementation of the many legal instruments for the protection of human rights.
The fact-finding mission report places these findings in the context of Turkey’s international human rights obligations and offers concrete recommendations for addressing those concerns.
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Human Rights and the Kurds in Iran
- While human rights violations are a part of everyday life for Iranians from all backgrounds, Kurds and other minorities are particularly vulnerable. With the Iranian authorities inclined to treat much minority activism – whether social, cultural or political – as linked to a separatist threat, individuals from these communities are frequently arbitrarily arrested and held incommunicado, often accused of vaguely-worded crimes relating to national security. This briefing paper gives an overview of the modern history of the Kurds in Iran, and the international and domestic legal framework in relation to the human rights situation that they and other Iranians face today. It goes on to explore patterns of human rights violations according to four key themes: discrimination on grounds of gender and ethnicity; arbitrary detention; torture and ill-treatment; and corporal and capital punishment. In the wake of the brutal crackdown that followed the disputed presidential elections in Iran in June this year, the evidence presented here underscores the need for the international community to ensure that human rights concerns are kept squarely at the forefront of diplomatic engagement with Tehran.
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Communication to the Commission on the Status of Women on the Status of Kurdish Women in Turkey
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Communication to the Commission on the Status of Women on the Status of Kurdish Women in Turkey
Submitted by the Kurdish Human Rights Project in August 2009 -
NGO List of Issues for the Review of the Turkish Government Under CEDAW
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NGO List of Issues for the Review of the Turkish Government Under the UN International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Submitted by the Kurdish Human Rights Project in July 2009
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The Death of Engin Çeber: Prosecuting Torture and Ill-Treatment Within the Turkish Detention System
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The Death of Engin Çeber: Prosecuting Torture and Ill-Treatment Within the Turkish Detention System focuses on the trial of 60 Turkish officials charged in connection with the high-profile death of a political activist in Turkey in October 2008, allegedly as a result of severe beatings he sustained in custody. It is based on the findings of a KHRP mission that travelled to Turkey to observe part of the court proceedings in March 2009. It explores the background to the case, the trial process itself and a number of issues that arise from it, including questions about the impunity of Turkish officials, the role of medical staff in relation to alleged torture and ill-treatment, and the extent to which such abuses within the Turkish detention system are successfully covered up.
The official response following Engin Çeber’s death was exceptional, including a public apology from the justice minister and subsequent criminal proceedings against an unprecedented number of officials. However, the mission found that there is cause for very considerable doubt over whether this marks or even predicts a fundamental shift in state policy towards the treatment of detainees. In reality, given the seemingly clear-cut circumstances of Mr Çeber’s death and the level of media attention, it appears more likely that the authorities were left with little choice but to make an example of his case. In fact, the mission heard of many other allegations of similar abuses in Turkey receiving no such response, with countless instances of torture and ill-treatment in custody never being seriously investigated or punished. -
Legal Review 15
- Covering the period from January to June 2009, Legal Review 15 features updates on legal developments relating to the Kurdish regions, as well as summaries and analysis of relevant decisions by international, UK and US courts. Articles in this issue tackle the protection of the right to family life in expulsion cases within the European legal framework, the concept of the rule of law, structural violence against women in Kurdistan, Iraq, and the practical implications for freedom of expression in Armenia of the landmark ruling by the European Court of Human Rights in the KHRP-assisted case of Meltex Ltd and Mesrop Movsesyan v. Armenia.
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Closed Ranks: Transparency and Accountability in Turkeys Prison System
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This report is based on the findings of a mission dispatched to Turkey by KHRP in December 2008 following reports by media and regional partners of increased violations of prisoners’ rights. The mission travelled to İstanbul, Ankara, Mardin and Diyarbakır, interviewing former prisoners, prisoners’ families, NGOs, human rights advocates and lawyers.
Concerns highlighted by the mission include routine ill-treatment, arbitrary punishments without adequate recourse to appeal, arbitrary restrictions on visiting and language rights, overcrowding and the high proportion of inmates in the system who are still awaiting trial. Underlying these problems is a lack of proper accountability and independent oversight within the prison system.
The report places these findings in the context of Turkey’s international human rights obligations and offers concrete recommendations for improving protection of prisoners’ rights. -
The Practice of Female Genital Mutilation (FGM) in the Kurdish Regions
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Speech delivered by KHRP at the Khalili Lecture Theatre, SOAS on 29 April 2009.
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The Turkish Accession and the Need for Change
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Speech delivered by KHRP at a seminar entitled 'The Kurdish Human Rights Situation, a Lasting Peace and a Democratic Development' at the European Parliament, Brussels on 29 April 2009.
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The Impact of Large-Scale Dam Construction on Regional Security in the Kurdish Regions of Turkey
- Speech delivered by the Kurdish Human Rights Project at the Alternative Water Forum, İstanbul, 21 March 2009
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Protecting Politicians or Protecting Democracy?
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Protecting Politicians or Protecting Democracy? Parliamentary Immunity and Party Closure in the Run-Up to Local Elections in Turkey explores the ways in which the mechanisms available in Turkey for lifting the immunity of MPs and shutting down political parties facilitate the targeting of democratically elected politicians by unelected officials whose conception of what is best for the country is grounded in a narrow, secular and ethnically-exclusive form of nationalism.
This briefing paper is an updated version of a paper originally published by KHRP in July 2008, just prior to the final decision of the Constitutional Court on moves to shut down the ruling Adalet ve Kalkınma Partisi (Justice and Development Party, AKP). It features a detailed exploration of that case and ongoing parallel proceedings against the pro-Kurdish Demokratik Toplum Partisi (Democratic Society Party, DTP). It also includes analysis of the concept of parliamentary immunity and its application in different parts of the world, the historical context of the cases against the DTP and AKP, and the implications of these cases for democracy and human rights in Turkey.
The updated version of the paper covers moves against MPs and political parties that were ongoing in the months leading up to the March 2009 elections.
