Torture in Turkey

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Torture has a long history in Turkey . It was not only used systematically after the military coups to torture opposition members and bring them to court with a confession. Amnesty International (AI) spoke of widespread and systematic torture in Turkey for decades . After the AKP government under Prime Minister Erdogan announced “zero tolerance” for torture in 2004, the cruelest methods of torture have declined, but police brutality against demonstrators and reports of torture and ill-treatment in custody continue. According to Human Rights Watch , torture has been explicitly repeated since summer 2016 .

Suspension by the linked arms on the back is in Turkey as a Palestinian-hook (Filistin askısı) referred

history

Reports of torture have existed since the Ottoman Empire . The Committee for Unity and Progress used a place called Bekirağa Bölüğü (Company of Bekir Agha) as a torture chamber on the site where the University of Istanbul is now. Almost all dissidents have been there once. MP Rıza Nur was tortured here in 1910. He raised reproaches in parliament; but the motion to investigate the allegations was rejected by 96 votes to 73.

After the establishment of the Republic of Turkey in 1923, the Sansaryan Han and Harbiye Military Prison became symbols of torture. The "house" Sansaryan was built in Sirkeci (Istanbul) in 1895 and in 1944 it was converted into the Istanbul Police Department. The people who have been tortured here include the writer Attilâ İlhan, the former leader of the Labor Party of Turkey, Nihat Sargın and the poet Nâzım Hikmet . The military prison in Istanbul moved from Tophane to Harbiye in 1945. In one department there were 40 cells measuring 1.5 x 2 meters. Alleged members of the Communist Party of Turkey (TKP) as well as 40 of the 49 Kurds who were indicted in 1959 (in the 49 trial ) were imprisoned. Over a period of 195 days, 24 prisoners died as a result of the poor detention conditions. Members of the extreme right (known in German as “ gray wolves ”, in Turkish as ülkücü = idealists) were tortured in the military prison in Harbiye after the military coup of 1980 . In addition to the bastinade (tr: falaka ) and brutal beatings, it was customary to keep the prisoners in narrow, dark cells called coffins (tr: tabutluk ) or isolation (tr: tecrit ).

Torture after the 1971 coup

After the military coup of March 12, 1971 , torture was practiced in police and counter-guerrilla centers , which were used jointly by the MIT secret service and the Office for Special Warfare (tr: Özel Harp Dairesi , ÖHD). In addition to electric shocks generated by field telephones, various forms of hanging, bastinado, rape, deprivation of sleep and food, and torture of relatives in the presence of the suspect were used. Torture was a means of military policy. There are affidavits that martial law commanders , military prosecutors, and legal advisors ordered and sometimes monitored torture.

The Villa Ziverbey (tr: Ziverbey Köşkü ) is located in the Erenköy district in Istanbul. It was used as a torture center in the aftermath of the March 12, 1971 coup. Well-known personalities such as journalists İlhan Selçuk , Doğan Avcıoğlu, Uğur Mumcu and İlhami Soysal were tortured at Villa Ziverbey .

Torture after the 1980 military coup

In a first campaign in Turkey in 1988 , Amnesty International spoke of a quarter of a million people arrested for political reasons after the coup and almost all of whom were tortured. The human rights association IHD spoke of 650,000 arrests for political reasons after it was founded in 1986. In 2008, the Foundation for Human Rights in Turkey (TIHV) spoke in its torture atlas of one million victims of torture since the coup.

Amnesty International published many reports on torture in the 1980s and called for urgent action to prevent such cases. In addition to Amnesty International, NGOs such as the International Commission of Jurists and the International Federation of Human Rights , but also international bodies such as the Council of Europe, sent delegations to Turkey to investigate allegations of torture. On July 1, 1982, five states ( Denmark , Norway , Sweden , France and the Netherlands ) filed a state complaint with the European Commission for Human Rights . The main complaints were violations of the prohibition of torture , the right to a fair trial and freedom of expression . An amicable settlement was reached in December 1985 calling on Turkey to reduce the length of police detention, repeal martial law and report on progress made. Turkey reduced the length of police detention in May and June 1985 in areas under martial law or a state of emergency from 45 to 30 days and to 15 days in areas not under a state of emergency. Later was European Committee for the Prevention of Torture (en: European Committee for the Prevention of Torture, CPT ), the main body to monitor the situation; but also other institutions such as the UN Special Rapporteur on torture (s: UN Special Rapporteur on Torture ) visited Turkey to make an assessment of the risk of torture.

The level of torture

In order to refute the allegations of torture, figures were repeatedly given on allegations of torture and the proceedings that were opened (or not opened) under the military dictatorship from 1980 to 1983. Such figures are available in special information 4 of the alternative turkey aid . In March 1981 the Prime Minister spoke of 68 complaints about torture. In 14 cases the investigation should be closed and in 14 cases proceedings should have been initiated. In September 1981 the State Department reported 66 complaints of torture and 30 police officers interrogated about it. The military itself conceded higher numbers. Two years after the coup, the National Security Council named the number of 605 complaints and 82 police officers charged. The proceedings were terminated in 177 cases. A month later, the General Staff announced that there had been 540 complaints about torture (another 204 complaints about torture resulting in death). While 241 cases were closed, there were 41 cases involving 201 defendants.

Figures from independent human rights organizations have only been available since 1990, when the Foundation for Human Rights in Turkey (TIHV) issued daily reports on human rights violations, which are then summarized in annual reports. The human rights association IHD has published a comparison of the figures for the years 1999 to 2010. This results in the following picture:

year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
complaints 594 594 862 876 1202 1040 825 708 678 1546 1835 1349

Official statistics are limited to torture of prisoners and are not published regularly. Figures for the years 2003 to 2007, which were given to the Committee of Ministers in the Council of Europe and in response to a parliamentary question, are significantly higher than the figures for the victims of human rights organizations (suspects are the security officers against whom allegations of torture have been brought).

Table 1: Figures to the Committee of Ministers Table 2: Statistics from IHD and TIHV
year complaints Suspects Victim
2003 2612 5588 3702
2004 2413 5173 3899
2005 1721 4277 3208
2006 1965 4443
2007 (Sept.) 1421 3722
year IHD TIHV in the year
2003 1202 925 340
2004 1040 898 348
2005 825 675 193
2006 708 337 252
2007 678 452 320

Methods

One of the main reasons for torture in police custody or at the gendarmerie (in Turkey it has police violence in the countryside) was to extort a confession. To this end, the suspects were blindfolded at the beginning of the interrogation so that they would not recognize the officers torturing them. Even non-political prisoners were stripped naked during the interrogations and, in this situation, hosed down with ice-cold water under high pressure and exposed to the cold. They were deprived of sleep and were not given anything to eat or drink for a long time.

The best-known torture method was the bastinade (tr: falaka ), which is beating on the soles of the feet. In addition, generators (e.g. a field telephone ) were used to deliver electric shocks to sensitive parts of the body. This was often combined with various forms of hanging. Hanging by the arms, which are connected behind the back, is called the Palestinian hook (tr: Filistin askısı. En: strappado or Palestine suspension ) in Turkey .

The torture atlas published by the Foundation for Human Rights in Turkey in October 2010 in English translation based on the Istanbul Protocol (en: Istanbul Protocol ) lists the methods of torture used worldwide with eleven categories in pictorial form of their use in Turkey and figures the frequency. These methods are used by special teams or special interrogation teams (for interrogating members of certain organizations). After Veli Lök had developed the method of bone scintigraphy to prove the consequences of blows even after a long time, the use of the bastinade decreased.

In the reports of the TIHV rehabilitation centers, the torture methods described to them by those who volunteered for treatment for the effects of torture take up one page. When comparing the annual reports on the frequency of some torture methods that can be described as classic in Turkey, it can be seen that z. For example, putting on a blindfold in 1997 was described by more than 80% of the victims of torture: in 2009 the number fell to 9.8%, in 2010 it rose to 12.2%. Electric shocks were applied to 49.8% of torture victims in 1997; since 2007, little more than 6% of victims of torture reported being given electric shocks. It appears that certain forms of systematic torture decreased after 2005 and then varied in frequency; But they have never completely disappeared. As early as 2000, however, the European Committee against Torture said that the worst methods of torture are no longer used as frequently in Turkey.

Death in police custody

Between September 1981 and October 1984, Amnesty International submitted 110 cases to the Turkish government of allegations that prisoners had died during interrogation (presumably under torture). On June 10, 1988, AI sent a list of 229 names to the government and received responses to 55 cases in September 1998. It was only when a list of 144 names of prisoners who might have been tortured to death appeared in the Turkish press. sent the government more information. It was indirectly admitted that the deaths of 40 prisoners were caused by torture. In a further seven cases there was confirmed information that the victims had been tortured to death.

In September 1994 and September 1995 the Foundation for Human Rights in Turkey (TIHV) published two reports of deaths in police custody (14 and 15 years after the coup). Over a period of 15 years, 419 deaths in police custody with suspected torture were listed. Another 15 deaths were due to hunger strikes and 26 deaths from inadequate medical care. Helmut Oberdiek took these lists as a starting point and put together a revised version for 20 years (September 12, 1980 to September 12, 2000). He concluded that 428 deaths in detention could have been caused by torture. There have been other deaths in detention after 2000, some of which were due to torture. One of them is the journalist Metin Göktepe, another is Engin Çeber.

There were also fatalities who took their own lives in protest against torture. In the military prison of Diyarbakır , PKK member Mazlum Doğan set himself on fire on March 21, 1982 in protest of the mistreatment in the prison under director Esat Oktay Yıldıran . On May 18, 1982, prisoners Ferhat Kurtay, Necmi Önen, Mahmut Zengin and Eşref Anyık followed suit. On July 14, 1982, prisoners Kemal Pir , M. Hayri Durmuş, Ali Çiçek and Akif Yılmaz started a hunger strike (death fast) against the conditions of detention. Kemal Pir died on September 7, 1982, M. Hayri Durmuş on September 12, 1982, Akif Yılmaz on September 15, 1982 and Ali Çiçek on September 17, 1982. Among the prisons in which many political prisoners were military after the 1980 coup Drill and ill-treatment were subjected to, besides the prison in Diyarbakir (known as dungeon, tr: zindan or prison No. 5), the military prison in Mamak ( Ankara ) and Metris ( Istanbul ). A hunger strike began there on April 13, 1984, which lasted 75 days and killed the prisoners Abdullah Meral, Haydar Başbağ, Fatih Ökütülmüş and Hasan Telci.

There were also hunger strikes later, which often resulted in a death fast. Twelve prisoners died in 1996 during the protests against isolation in the high-security wards (the F-type prisons ). 61 prisoners died in the actions between 2000 and 2007.

In addition, individual prisoners were beaten to death. This includes;

  • İlhan Erdost on November 7, 1980 in the Mamak Military Prison, Ankara
  • Necmettin Büyükkaya in Diyarbakır Military Prison on January 23, 1981
  • Ali Sarıbal on November 13, 1981 in Diyarbakır Military Prison
  • Bedii Tan in Diyarbakır Military Prison on May 17, 1982
  • Engin Çeber on October 10, 2008 in Metris Prison, İstanbul

There were also operations in prisons, which resulted in several deaths. This includes:

date jail dead
September 12, 1995 Buca / Izmir 3
4th January 1996 Ümraniye / Istanbul 4th
September 24, 1996 Diyarbakır 10
September 26, 1999 Ulucanlar / Ankara 10
December 19, 2000 20 prisons 30th

Legal situation

In the third paragraph of the article, the 1982 constitution bans torture : “Nobody may be tortured or ill-treated; no one should be subjected to punishment or treatment inconsistent with human dignity. ” Previous constitutions had similar provisions. In the Constitution of 1876 it was Article 26, in the Constitution of 1924 it was Article 73, and in the Constitution of 1961 it was Article 13 (paragraphs 3 and 4).

The prohibition of torture was not only valid in the constitutions (even before the establishment of the Turkish Republic), but was also defined as a criminal offense. In the Criminal Code of 1858 it was Article 103. Between 1926 and 2005, Penal Code number 765 was in force. In Law 765, torture was punished under Article 243 and ill-treatment was punished under Article 245. The maximum sentence for torture was 5 years and for ill-treatment the sentences ranged from 3 months to 3 years. In particularly serious cases (e.g. when someone died under torture) the sentences could be increased by a third. Law 4449 of August 26, 1999 raised the maximum sentences to 8 years imprisonment (under Article 243) and 5 years imprisonment (under Article 245).

On January 11, 2003, a paragraph was added to Article 245 prohibiting sentences imposed under Articles 243 or 245 from being converted into fines or suspended. This provision was not included in the new 2005 Criminal Law.

The new Turkish Criminal Law (TSG) was passed as Law 5237 on September 26, 2004 and came into force on June 1, 2005. It contains the offense of torture in Article 94 and aggravated forms of torture in Article 95. Article 96 added another category “torment” (tr: eziyet ). Torture is now punished with three to twelve years in prison. If aggravating elements are added, such as torture of the vulnerable or in the form of rape, the sentence can be increased to up to 15 years in prison or the sentences are increased by half. In the event of the death of the victim, the maximum penalty is an increased life sentence. The offense of torture carries a sentence of two to five years in prison.

Neither torture nor "agony" was clearly defined. For the lower penalties in Article 96, there is the possibility of probation periods and an early statute of limitations. Even after the amendments to the law, the problem of impunity for human rights violations has been criticized and criticized that officials convicted of torture or ill-treatment continue to receive low sentences.

Length of police custody

Five days after the coup of September 12, 1980, the maximum time the police or gendarmerie could interrogate a prisoner was extended from 15 to 30 days. This is often done in solitary confinement ( incommunicado ), d. H. without the possibility of contact between the prisoner and the outside world. On November 7, 1980, the maximum duration was extended to 90 days. On September 5, 1981, it was reduced to 45 days. It was valid until June 17, 1985. After that, the maximum duration of police detention was again 15 days (30 days in areas under a state of emergency). Until February 6, 2002, offenses dealt with by State Security Courts (political perpetrators) were subject to a maximum of 7 days (10 days in areas under a state of emergency).

The following rules have been in place since 2002. Article 19 of the Constitution limits the length of time that a person can be held in police custody to 48 hours (plus the time taken to travel to the nearest court). In the case of jointly committed crimes, the duration can be extended to 4 days. The Turkish Code of Criminal Procedure (TSPO, until 2005 Law 1412, then Law 5271) regulates the maximum length of police detention in Article 91. It is 24 hours. In the case of jointly committed crimes, a public prosecutor can extend this period up to three times by one day each time. In the case of offenses under the jurisdiction of State Security Courts (courts that had jurisdiction under Article 250 TSPO), a maximum duration of 48 hours was applicable under Article 250 TSPO. In areas under a state of emergency, this period can be extended to 7 days.

With Law 6352 of July 2, 2012, the provisions of Articles 250–252 became part of Article 10 of Law 3713 (Anti-Terrorism Act, abbreviated as: Anti-Terrorism Act, ATG). Here, Paragraph ç states that the maximum length of police detention for crimes covered by this Act is 48 hours. Heels. determines that these suspects are not entitled to legal assistance for the first 24 hours.

Evidence of statements made

Turkey banned the use of tortured evidence when it ratified the UN Convention against Torture in 1988 . Article 15 of the Convention stipulates: “Each State Party shall ensure that statements that are proven to have been produced through torture are not used as evidence in proceedings, unless against a person charged with torture as evidence that the Statement was made. " Article 90 of the constitution of Turkey of 1982 stipulates: " Insofar as provisions governing fundamental rights and freedoms do not comply with national provisions with the same regulatory content in accordance with the procedures in force under international law, the provisions of international treaties take precedence. "

An explicit prohibition on the use of statements that were recorded with unauthorized methods was included in the Turkish Code of Criminal Procedure (TSPO) in November 1992. The form of interrogations was regulated in Article 135 of the TSPO. In Article 135a of the TSPO, the prohibited methods were described and said: "Statements that were recorded using the prohibited methods described above may not be used as evidence even with consent." Article 148 in the new TSPO of June 1, 2005 corresponds in the first three paragraphs of Article 135a of the old TSPO, but added a further condition in paragraph 4: "A statement from the uniformed forces that was taken in without the presence of a defense attorney may not be used to reach a judgment as long as the suspect or accused it is not confirmed by a judge or a court. "

In the supreme jurisdiction of Turkey ( Court of Cassation and Military Court of Cassation) there were both judgments against an exploitation ban (if other evidence such as the discovery of a weapon confirmed the confession made) and for an exploitation ban (if no other evidence was available).

Yet, without further scrutiny, the courts in Turkey have consistently used statements as evidence that were seriously alleged to have been tortured. In his report from 2006, in which 18 political proceedings were analyzed, Helmut Oberdiek came to the conclusion: “I think that practically for all proceedings in which statements were made to the uniformed workers who were recorded before June 1, 2005 and from who are credibly alleged to have been extorted under torture, who do not have the prospect of a fair trial, d. H. that they are admitted as evidence in court and make a decisive contribution to the reaching of a judgment. "

Torture Reports in Turkey

While human rights organizations such as Amnesty International and Human Rights Watch in particular drew attention to the problem of torture in Turkey in the 1980s and 1990s , and national civil society organizations began to grapple with the problem from 1990 onwards, international bodies later came up with their reports in the foreground.

The Committee for the Prevention of Torture

With the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (short: European Convention against Torture ) a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (short CPT = Committee for the Prevention of Torture ) was created. Since Turkey ratified the Convention in 1988, the CPT has made repeated visits to the country and reported on the ad hoc visits to prisons and police stations. These reports are confidential but can be published with the consent of the states concerned. Turkey agreed to the publication of the reports after a visit by the CPT in February / March 1999.

The results of the first visits from September 9 to 21, 1990, between September 29 and October 7, 1991, and November 22, 1992 and December 3, 1992 prompted the CPT to issue a public statement ) on December 15, 1992, which spoke of "widespread torture and ill-treatment of ordinary and political prisoners in Turkey" . Each CPT report contained detailed recommendations on how the Turkish government could combat the phenomenon of torture (e.g. shortening police detention, legal assistance, effective prosecution). Four years later, on December 6, 1996, there was another public statement certifying that Turkey had made little progress in the fight against torture.

After the July 16-24, 2000 visit, the CPT concluded that (in the Istanbul area) the worst forms of torture had decreased. After that, the CPT's reports on Turkey became more positive. There were several statements and visits to the high-security prisons (called: F-type prisons ) introduced in 2000 , which prisoners and human rights organizations criticized as a form of solitary confinement . The Foundation for Human Rights in Turkey has expressed this criticism in the form of an open letter.

The CPT later became more critical of the isolation of certain prisoners in the F-type prisons (and particularly of the detention conditions of PKK leader Abdullah Ocalan ). On September 6, 2006, the report on a visit between December 7 and 14, 2005 was presented. Here was u. a .: "Isolation can have dire consequences and under certain circumstances lead to inhuman and degrading treatment." On March 6, 2008, the report of a visit from 19-22 Published May 2007. This was the CPT's fourth visit to Imralı Island , where Abdullah Öcalan was the only prisoner held. After Abdullah Öcalan's solitary confinement for 8.5 years, the CPT came to the conclusion: “... (so far) the CPT had not been able to determine any significant harmful effects on health. This assessment must now be revised in view of the development of the physical and mental conditions of Abdullah Öcalan. "

More recent reports by the CPT on Turkey are from March 31, 2011 (visit between June 4 and 17, 2009) and July 9, 2010 (visit on January 26 and 27, 2010). In the report of the 2009 visit, the CPT noted a "downward trend in both incidents of ill-treatment and severity" with ongoing problems in the Diyarbakir area . In January 2010 the CPT visited the prison on the island of Imrali again, where since November 2009 five other prisoners besides Abdullah Öcalan had been held in the prison, which had been converted into a type F prison. The detainees made no allegations of ill-treatment. It was critically noted that it was not possible to read in the 9.8 m² single cells without artificial light. Due to criticism from the CPT after the visit, the prisoners were allowed to meet three times (previously once) a week for an hour.

Other European institutions

On January 28, 1987, Turkey ratified the right of individual complaints to the European Court of Human Rights (ECHR) under Article 35 of the European Convention for Human Rights (ECMR). On January 22, 1990, it recognized the case law of the ECHR and has since been obliged to implement the judgments both with regard to compensation awarded to applicants and with regard to structural problems. Since 1987, very many complaints by individual citizens have been submitted to the ECHR, in which the allegation of a violation of fundamental rights and freedoms in the ECHR was criticized. Complaints about torture and ill-treatment were treated as a violation of Article 3 of the ECHR ( prohibition of torture ). The conviction statistics on the ECHR page show a total of 2747 decisions on Turkey with at least one violation of a right for the years 1959 to 2011, of which 243 cases were decided on a violation under Article 3 ECHR. In many decisions, however, the ECHR found no substantial violation of Article 3 ECHR, but only at the procedural level. If the applicant (s) were unable to produce medical certificates confirming their portrayal of torture, the ECHR ruled against a violation of Article 3 of the ECHR. Between 2004 and 2007 there were a total of 57 decisions on a violation of Article 3 ECHR and 33 decisions against a violation of Article 3 ECHR.

The Committee of Ministers in the Council of Europe is u. a. responsible for the implementation of the decisions of the ECHR. In various resolutions it referred to structural problems in Turkey and called for remedial action so that there would not (continue to) be so many decisions on a violation of human rights in Turkey. The Interim Resolution ResDH (2002) 98, which was passed on July 10, 2002, addressed "progress made and outstanding problems" in the actions of the security forces in Turkey. The phenomenon of torture was a subject of the resolution. Since Provisional Resolution DH (99) 434 of June 9, 1999, Turkey has made slight progress in combating the phenomenon (such as introducing training for security forces, prosecutors and judges on human rights issues, reducing police detention to 4 days, and law) for legal assistance after 48 hours); However, deficits, especially in the south-east of the country, were also warned, the low penalties against torturers were criticized and it was demanded that political prisoners also have the right to legal assistance immediately after their arrest.

The provisional resolution ResDH (2005) 43 of June 7, 2005 dealt with the same problem. Here, the lifting of emergency rule in southeastern Turkey, the abolition of the State Security Court and other remedial measures (s: remedial action ) praised as positive steps. In addition to “zero tolerance”, the possibility of legal contact from the moment of arrest was described as progress since the last resolution from 2002. However, the Committee of Ministers lacked evidence that the reforms introduced were effective and B. lead to the punishment of officials who are proven to have been tortured. The Committee of Ministers decided to revisit the problem in nine months to a year.

In the following Provisional Resolution CM / ResDH (2008) 69 of September 18, 2008 on the progress and outstanding problems in the implementation of decisions of the ECHR on actions by the security forces in Turkey, the high number of decisions on the violation of provisions of the ECHR (175) and amicable settlements in which a violation of articles of the ECHR (69) was admitted. These decisions concerned violations of the right to life, ill-treatment, destruction of property and effective remedies at the national level. The Committee of Ministers showed satisfaction with the results achieved so far, encouraged the government to make further efforts and thereupon continued monitoring of the problem areas a) procedural security in police custody, b) training of members of the security forces, c) direct effect of the requirements of the ECHR, d) immediate compensation for damage caused by terrorism or counter-terrorism measures; and e) improved liability of members of the security forces. The committee expected further information, particularly on proceedings against security officers, in order to satisfy itself that the measures taken were having an effect. It wanted to revisit the subject in its third session in 2009. By the end of 2012, however, no further reports from the Committee of Ministers relating to torture in Turkey were known.

As part of Turkey's accession negotiations with the European Union , the European Union publishes reports each year on progress in various areas, including human rights. At the beginning the reports were called "Regular Reports". The first regular report from 1998 referred to the opinion of the EU Commission from December 1989, according to which the human rights situation had not yet reached the level required by a democracy. The Commission's “Agenda 2000” assessment of torture was then quoted:

"The ongoing incidents of torture, enforced disappearances and extrajudicial executions call into question whether the officials can monitor and control the activities of the security forces."

The 2003 Regular Report said of torture, "Allegations of torture and ill-treatment persisted and there was little progress in prosecuting those accused of such offenses." The mood changed in 2004 when it said, " The fight against torture and ill-treatment has been strengthened and the Turkish legal system has come closer to European standards in this regard. The level of torture has decreased, but there are still reports of specific cases that are cause for concern. "

The then commissioner for EU enlargement, Günter Verheugen , had emphasized after a meeting with Prime Minister Erdogan in Brussels that there was “no more systematic torture” in Turkey. He has been criticized for this by both conservative members of the European Parliament and human rights groups in Turkey.

Although Verheugen's opinion that nothing would stand in the way of Turkey's accession to the EU turned out to be rash, the EU's criticism of the practice of torture in Turkey has since weakened significantly. Regarding the problem of torture, the October 14, 2009 report stated:

"There are safeguards against torture and ill-treatment in the law, but the government's efforts to fully implement them and apply the declared zero tolerance policy have been limited."

The wording in the October 10, 2012 progress report followed the words chosen by the CPT in its 2011 report: “The downward trend in incidents of abuse by law enforcement officers continued. However, the use of excessive force during arrests remains a concern. In general, efforts to combat impunity have been inadequate. "

More reports

The UN special rapporteur on torture or other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, published a report on March 15, 2007 on several countries. His recommendations to the Turkish government included:

"Prosecutors and judges should not ask for conclusive evidence of torture or ill-treatment (let alone that someone has been convicted of torture) before deciding to use confessions or information alleged to have been obtained under torture."
  • The US State Department (Bureau of Democracy, Human Rights, and Labor) report dated March 11, 2008 states:

“Human rights organizations have documented an increase in cases of torture, beatings and violations by the security forces.” In the 2012 country report, the US State Department commented on torture in Turkey: “Human rights organizations continued to report torture and assaults. They claimed that this mostly happened outside of detention centers in more informal places, where the attacks are more difficult to document. "

“Reports of torture and other ill-treatment as well as excessive use of force by the security forces were received again in the year under review. The prosecution of human rights violations has been insufficient and ineffective. There were still doubts about the fairness of many trials. ” The 2012 report states: “ Allegations of torture and other ill-treatment continued. ”

The January 2008 annual report with a chapter on Turkey is available in English and Turkish. Here the development in 2007 is summarized as follows: “ The latest trends in the protection of human rights in Turkey have shown regression. In 2007 there was an intensification of criminal proceedings and convictions relating to “speech” (freedom), harassment of officials and members of the DTP and an increase in reports of police brutality. ” The 2012 report said: “ Police violence against Protesters is still a serious problem in Turkey that calls for more decisive government action. "

In October 2016, Human Rights Watch reported massive torture in Turkish prisons. The organization brought this in connection with the measures after the attempted coup in Turkey in 2016 . In the course of these, sleep deprivation, beatings, stress positions, sexual abuse and rape threats were used. The attacks occurred after the attempted coup on July 15, 2016 and were the consequence of the state of emergency announced by President Erdoğan on July 20. Decrees 667 and 668, which came into force on July 23 and 27 in the wake of the state of emergency, would repeal measures to protect detainees from torture and ill-treatment. The report also indicates that the UN Special Rapporteur on Torture wanted to visit Turkey in October but was denied access. In order to quickly return to the rule of law, Human Rights Watch recommends that the Turkish government immediately withdraw the decrees issued in a state of emergency.

Web links

Individual evidence

  1. ↑ a b The supplement “File on Torture” was part of the September 1987 newsletter. It is available in the form of images under the Illustrated Reports of Amnesty International ; Accessed September 14, 2009.
  2. ↑ See an article by Ömer Erzeren in the Journal of Amnesty International Erdogan's reforms are slow to take off from December 1, 2004, accessed December 12, 2012.
  3. ↑ a b c Taner Akçam: Siyasi Kültürümüzde Zulüm ve İşkence (Oppression and Torture in Our Political Culture), İletişim Publishing House, April 1992, ISBN 975-470-249-7 .
  4. ↑ There is similar information in İşkence 1 / Tarihçesi ve Yaşayanların Anlatımlarıyla. Anadolu Publisher, 2001, OCLC 834751484 (Torture 1: History and Accounts of Tortured Persons); compiled by: Ali Osman Köse
  5. ↑ a b See an article by Demirtaş Ceyhun in Bianet of August 3, 2009 (Turkish); Accessed October 24, 2009.
  6. ↑ a b c d İşkence 1 / Tarihçesi ve Yaşayanların Anlatımlarıyla. Anadolu Publisher, 2001, OCLC 834751484 (Torture 1: History and Accounts of Tortured Persons); compiled by: Ali Osman Köse
  7. ↑ See an article by Muhsin Yazıcıoğlu, published on September 20, 2009 (Turkish) ( Memento from September 24, 2009 in the Internet Archive )
  8. ↑ a b undated article by Ayhan Alemdar (Turkish) ( Memento from December 7, 2013 in the Internet Archive )
  9. ↑ a b File on Turkey (PDF; 10.9 MB), published by the Democratic Resistance of Turkey in August 1972, offered as a PDF file by Info-Turk ; Accessed November 8, 2009.
  10. ↑ Information on Villa Ziverbey at turkcebilgi.com (Turkish); Accessed August 22, 2016.
  11. ^ Entry from March 25, 2008 (Turkish); Accessed October 24, 2009.
  12. ^ First sentence in the Turkey Briefing of Amnesty International in 1988 ; Accessed October 24, 2009. A more detailed document on the campaign was published in German under the title: “Turkey: Die denied Menschenrechte”, Bonn, November 1988, ISBN 3-89290-016-7 . The sentence is on page 9.
  13. ↑ Taksim'de Bomba, 12 Eylül Darbesi ve Anayasa Değişiklikleri (Bomb in Taksim, the coup of September 12 and constitutional amendments), press release of September 11, 2001 (Turkish); Accessed October 24, 2009.
  14. ↑ TİHV, İşkence Atlası'nı Yayınladı (Torture Atlas published), article from April 24, 2008; Accessed October 24, 2009.
  15. ↑ Some examples are available in the book by Helmut Oberdiek: Dışarıdakiler (Die there Draußen) in the chapter on delegations to Turkey. A delegation's report can be found under ICJ: Trials before the Military Courts in Diyarbakir , accessed January 2, 2013.
  16. ↑ See the hearing before the Bundestag on May 11 and 12, 1993, accessed on January 2, 2013.
  17. ↑ See İşkence azaldı mı? (Has torture decreased?), Accessed January 2, 2013.
  18. ↑ a b The special info 4 is available as a PDF file.
  19. ↑ They are available on the Internet as a comparative balance sheet for 1999–2010 (PDF; 221 kB); Accessed December 17, 2012.
  20. ↑ This is information that was given as an annex to resolutions, namely Resolution CM / Inf / DH (2006) 24 which was revised on October 10, 2007 at the meeting from October 15 to 17, 2007 and the title " Actions of Security Forces in Turkey: Progress achieved and outstanding issues ”, as well as Interim Resolution CM / ResDH (2008) 69 of September 18, 2008; Accessed December 17, 2012.
  21. ^ Message from Bianet from August 26, 2008 ( Memento from May 2, 2015 in the Internet Archive )
  22. ↑ Numbers on victims for 2006 and 2007 were not given to the Committee of Ministers. In the parliamentary question, the number of 4917 victims was given in 2006 and 2007.
  23. ↑ The TIHV figures refer to people who requested treatment for the effects of torture. The numbers of people who reported having been tortured in the same year are shown separately.
  24. ↑ a b c The information is taken from the supplement to the Amnesty International newsletter of September 1987. The four-page report (in English) can be read in the form of pictures under Illustrated Reports of Amnesty International . The relevant page is an image ; Accessed December 15, 2012.
  25. ↑ The AI ​​report "File on Torture" contains a pictorial representation of it.
  26. ↑ The English title is: "Atlas of Torture: Use of medical and diagnostic examination results in medical assessment of torture", ISBN 978-975-7217-76-3 .
  27. ^ Human Rights Situation in 1999 , IHD report , accessed on August 22, 2016.
  28. ↑ İşkence sokağa taştı! ( Memento of December 26, 2009 in the Internet Archive ) (Torture has been shifted to the streets - Turkish), Article of May 7, 2008; Accessed October 25, 2009.
  29. ↑ See also İşkencenin kitabı yeniden yazılıyor (The book on torture is being rewritten) Article in Evrensel, May 12, 2008; Accessed August 22, 2009.
  30. ↑ The annual reports can be downloaded in Turkish or in English from the TIHV website, accessed on December 17, 2012.
  31. ↑ Quote: the most severe methods of ill-treatment encountered in the past by CPT delegations has diminished in recent times . The 2000 visit report was issued on November 8, 2001; Accessed October 25, 2009.
  32. ↑ The AI ​​report "Turkey: Deaths in Custody" was published with the January 1989 newsletter. The report is available in the form of scanned images .
  33. ↑ The articles in the daily newspapers Cumhuriyet and Milliyet are also on the side Illustrated reports of Amnesty International to find
  34. ↑ The full report of April 18, 1989 “Turkey: Torture and Deaths in Custody” (AI Index: EUR 44/38/89) can be found under torture and death in police custody ; Accessed September 17, 2009; there is also the list of possible deaths from torture ; Accessed September 17, 2009.
  35. ↑ The report of the TIHV File of Torture: Deaths in Detention Places or Prisons (September 12, 1980 to September 12, 1995), Ankara, March 1996, ISBN 975-7217-09-3 is available in both Turkish and English.
  36. ↑ Text and the lists can be found under Deaths in Custody ; Accessed September 17, 2009.
  37. ^ Website "Dungeons of Diyarbakir": Witnesses describe July 14, 1982 ( Memento of December 26, 2011 in the Internet Archive ) Tanıklar 14 Temmuzu anlatıyor, accessed on December 18, 2012.
  38. ↑ From the report by TIHV: File of Torture: Deaths in Detention Places or Prisons (12 September 1980 to 12 September 1995), Ankara, March 1996, ISBN 975-7217-09-3 , p. 68.
  39. ↑ See the chapter of the 1996 annual report of the TIHV under Hunger strikes and deaths ; Accessed September 20, 2009.
  40. ↑ Christian Rumpf prepared a German translation of the constitution (PDF; 674 kB) and made it available for download on his homepage; Accessed December 19, 2012.
  41. ↑ a b c See the German translation of a study by Mehmet Semih Gemalmaz: “Türkiye Yargısının İşkence Karşısında Tavrı” ( Turkish judiciary's attitude to torture ), accessed on January 2, 2013.
  42. ↑ Hasan Doganci: İşkencenin Tarihi (History of Torture, undated); Accessed August 22, 2016.
  43. ↑ The legal texts are available on the Internet under Law 765 and Law 4449 ; Accessed December 19, 2012.
  44. ↑ This is the Adaptation Act 4 with the number 4778, see reform packages for accession to the EU ; Accessed December 19, 2012.
  45. ↑ a b c The notes are taken from the book by Meryem Erdal: İşkence ve Cezasızlık (Torture and Impunity) , TIHV publication, Ankara 2005, ISBN 975-7217-46-8 ; an English translation ( ZIP ; 227 kB) is available as a compressed file.
  46. ↑ a b See a work by Silvia Tellenbach On the new Turkish penal code (PDF; 73 kB), KAS-Auslandsinformationen 4/05, pp. 76–93; Accessed December 19, 2012.
  47. ↑ See the 2012 EU Progress Report on Turkey in a translation of the Turkish Democratic Forum; Accessed December 19, 2012.
  48. ↑ The deadlines are shown on the İşkence azaldı mı? (Has torture decreased?) Declared.
  49. ↑ The wording of Terörle Mücadele Kanunu ( memento of 23 August 2016 in the Internet Archive ) (ATG) can be viewed on the website of the Ministry of Justice; Accessed August 22, 2016, PDF 210 kB.
  50. ↑ See Amnesty International Justice Delayed and Denied report , September 6, 2006; Accessed December 19, 2012.
  51. ↑ Quoted from the report by Helmut Oberdiek Rule of Law Political Procedures in Turkey ( Memento from August 26, 2014 in the Internet Archive ) (PDF; 785 kB) from February 2006, p. 11ff.
  52. ↑ In the work of Mehmet Semih Gemalmaz: Türkiye Yargısının İşkence Karşısında Tavrı ( attitude of the Turkish judiciary to torture ) z. For example, reference is made to a judgment of the Chamber Assembly of the Military Court of Cassation of February 17, 1983 with the judgment number 1983 / 49-43
  53. ↑ See Amnesty International Justice Delayed and Denied report , September 6, 2006, footnotes 14 and 15; Accessed December 19, 2012.
  54. ↑ Quoted from the report by Helmut Oberdiek Rule of Law of Political Processes in Turkey ( Memento from August 26, 2014 in the Internet Archive ) (PDF; 785 kB) from February 2006, p. 299.
  55. ^ See the 10th report on the activities of the CPT between January 1 and December 31, 1999 ; Accessed October 25, 2009.
  56. ↑ Public statement on Turkey (1992); Accessed October 25, 2009.
  57. ↑ Public Statement on Turkey (1996); Accessed October 25, 2009.
  58. ^ "... the most severe methods of ill-treatment ... has diminished ... in the Istanbul area." Report on the visit in 2000 published on November 8, 2001; Accessed October 25, 2009.
  59. ↑ The communication was made public by the Turkish Democratic Forum (DTF) under Correspondence between HRFT and CPT ; Accessed December 20, 2012.
  60. ↑ The report is written in English ; Accessed December 20, 2012.
  61. ↑ The DTF has made an extract from the translation. It can be read under Report of the CPT (Anti-Torture) ; Accessed December 20, 2012.
  62. ↑ to the complete report in English
  63. ↑ See solitary confinement for difficult life imprisonment , accessed on January 2, 2013.
  64. ↑ The report of March 31, 2011 on the visit in 2009 is available in English; Accessed December 20, 2012.
  65. ↑ The report on the visit in 2010 is available in English; Accessed December 20, 2012.
  66. ↑ See an English article Reflections on judgments of the European Court of Human Rights on Turkey ; Accessed December 20, 2012.
  67. ↑ Interim Resolution ResDH (2002) 98 , in English; Accessed December 20, 2012.
  68. ↑ Interim Resolution ResDH (2005) 43 in English; Accessed December 20, 2012.
  69. ↑ Interim Resolution CM / ResDH (2008) 69 , in English; Accessed December 20, 2012.
  70. ↑ The Turkey Regular Report 1998 is available as a PDF file; Accessed December 20, 2012.
  71. ↑ The Turkey Regular Report 2003 is available as a PDF file; Accessed December 20, 2012.
  72. ↑ The Turkey Regular Report 2004 is available as a PDF file; Accessed December 20, 2012.
  73. ↑ See a message on N-TV from October 2, 2004 Verheugen leaves the end open ; Accessed December 20, 2012.
  74. ↑ Compare a report in RP Online from September 24, 2004 Verheugen quote criticized on allegations of torture , accessed on December 21, 2012.
  75. ↑ See an article by the Turkish Democratic Forum, DTF of September 10, 2004 IHD on systematic torture in Turkey , accessed on December 21, 2012.
  76. ↑ Progress Report on Turkey (2009) (PDF; 481 kB), accessed on October 24, 2009.
  77. ↑ Quoted from a translation by the DTF under EU Progress Report 2012 on Turkey The full length of the report can be found in English (PDF; 544 kB); Accessed December 20, 2012.
  78. ↑ a b Report of the Special Rapporteur on Torture  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (dead link); pages 119 to 129 deal with Turkey, accessed October 25, 2009.@1@ 2Template: Dead Link / daccessdds.un.org  
  79. ↑ The report can be found under Annual Report 2007 , accessed on December 21, 2012.
  80. ↑ The Annual Report 2012 is only available in English, accessed on December 21, 2012.
  81. ↑ On the Internet only the English version of the report on Turkey can be found under Annual Report 2008 ( Memento of April 28, 2009 in the Internet Archive ). The development between January and December 2007 is taken into account. The co-group of the German section cites this statement in the introduction , accessed on December 21, 2012.
  82. ↑ The 2012 annual report refers to events in 2011, accessed on December 21, 2012.
  83. ↑ Reference in September 2008: Annual Report 2008 , PDF 5.3 MB
  84. ↑ The Annual Report 2012 is only available in English, accessed on December 21, 2012.
  85. ↑ Human Rights Watch Report: Torture After the Coup in Turkey? . Tagesschau.de, October 25, 2016.