Human rights in Turkey

The human rights situation in Turkey were in the course of history , founded in 1923 Republic of Turkey several times severely restricted. In particular after the military coups of 1971 and 1980 , the systematic violation of human rights was criticized by the European Community and human rights organizations. In the armed conflict between the Turkish armed forces and the illegal Kurdistan Workers' Party , massive human rights violations also occurred, particularly in the 1990s.

The declared state of emergency and the associated measures after the attempted coup in Turkey in 2016 are criticized as human rights violations. Above all, action against basic human rights is "fatally" or these are disregarded.

In the Freedom-in-the-World country list 2018 of the international non-governmental organization Freedom House , Turkey is rated with 32 out of 100 points [1 = miserable; 100 = excellent] and therefore classified as not free. Civil rights are rated 5 and political freedoms 6 on a scale from 7 to 1, which means a minus of one point for both categories compared to the previous year . [7 = least free; 1 = maximum free]. The press and the Internet are judged not to be free. In addition, Turkey is not classified as an electoral democracy. The order of the rights and freedoms concerned is based on the order of precedence established in the European Convention on Human Rights and the International Covenant on Civil and Political Rights .

Mural in Bayramiç with reference to rights and freedoms (2009)

Legal situation

The rule that formally all citizens regardless of language, race , skin color, gender , religion or worldview are equal before the law has existed since the 19th century. The current Turkish constitution (TV) guarantees citizens in its articles 12 to 74 a number of basic and civil rights as well as social, economic and political rights. Art. 10 TV refers to the equality of all citizens, whereby certain fundamental rights and freedoms according to Articles 13 to 16 TV can be restricted by law under certain conditions. Other articles refer to:

• Prohibition of torture (Art. 17 TV)
• Freedom of religion and conscience (Art. 24 TV)
• Freedom of expression (Art. 25 and 26 TV)
• Freedom of the press (Art. 28 TV)
• Freedom of assembly (Art. 33 TV)

Despite the guarantees in the constitution, national and international human rights organizations have often criticized the fact that national laws contain provisions that lead to violations of human rights (especially freedom of expression). In addition to criticism of the Turkish Penal Code , the law on combating terrorism (Anti-Terror Law, ATG with number 3713), which has been in force since 1991 and has been amended several times, has repeatedly been criticized.

According to Art. 90 TV, the international conventions ratified by Turkey take precedence over national legislation. Turkey has ratified a great number of international agreements relating to human rights. In 1954 the Universal Declaration of Human Rights was ratified. More global agreements were also ratified by Turkey, although sometimes (s: with reservations reservations ). At the UN level, Turkey has acceded (ratified) the following international treaties relating to human rights:

UN conventions	Date of ratification
International Convention for the Elimination of All Forms of Racial Discrimination	October 13, 1972
Optional protocol to the Convention against Discrimination against Women	September 8, 1986
UN Convention against Torture	January 25, 1988
Convention on the Rights of the Child	September 14, 1990
International Covenant on Civil and Political Rights	August 15, 2000
International Covenant on Economic, Social and Cultural Rights	August 15, 2000
Optional Protocol to the Convention on the Rights of the Child with regard to the Involvement of Children in Armed Conflict	September 8, 2000
Optional Protocol to the Convention on the Rights of the Child with regard to Child Trafficking, Prostitution and Pornography	September 8, 2000
Optional Protocol to the International Covenant on Civil and Political Rights	February 3, 2004
2. Optional Protocol to the International Covenant on Civil and Political Rights	April 6, 2004
Optional Protocol to the Anti-Torture Convention	September 14, 2005

See also a list from the University of Minnesota, which lists conventions that have been ratified by Turkey.

Of the European conventions, Turkey has ratified the following human rights-related agreements:

EU conventions	Date of ratification
The Council of Europe Statute	April 13, 1950
Convention for the Protection of Human Rights and Fundamental Freedoms	May 18, 1954
Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms	May 18, 1954
General Agreement on the Privileges and Immunities of the Council of Europe	January 7, 1960
European Convention on Combating Terrorism	May 19, 1981
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment	February 26, 1988
European social charter	January 24, 1989
Protocol No. 8 to the Convention for the Protection of Human Rights and Fundamental Freedoms	September 19, 1989
Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment	17th September 1997
Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment	17th September 1997
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, abolishing the death penalty	January 12, 2003
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances	February 20, 2006

In 1987 Turkey recognized the right of individual complaints to the European Court of Human Rights (ECHR) (Art. 25 ECHR ) and in 1990 the jurisprudence of the ECHR was recognized as binding (Art. 46 ECHR).

The right to live

In some situations, states can deny individuals the right to life without violating human rights. However, in cases where civilians in particular are the victims of extra-legal executions , death by torture or “ disappearance ”, the right to life has been violated. These cases were particularly common in Turkey in the 1990s, with (political) murders by undetected perpetrators (tr: faili meçhul cinayetler ) being mentioned.

death penalty

In the course of the accession negotiations to the European Union , the death penalty was abolished in Turkey for peacetime in 2002 and for all time in 2004. Between 1984 and 2002 the death sentences imposed until then were not carried out. The death penalty has been replaced by aggravated life imprisonment (ağırlaştırılmış müebbet hapis cezası) . According to Article 25 of the Turkish Prison Act (tStVollzG), those sentenced to such a sentence are housed in a solitary cell and have the right to walk in the yard and exercise for one hour a day. According to Art. 107 Para. 2 tStVollzG, people who are well managed and sentenced to a more difficult (with more stringent execution) life imprisonment can be conditionally released after 24 to 40 years imprisonment. Conditional release is not possible for persons who have been sentenced to life imprisonment with more stringent prison sentences for crimes committed within an organization against the state security, against the constitutional order and its functioning or against the national defense. They remain in custody until physical death.

There were executions especially in the times after uprisings such as the Dersim uprising or military coups. For example, after the military coup in 1960, the former Prime Minister Adnan Menderes and his ministers Fatin Rüştü Zorlu and Hasan Polatkan were executed in September 1961. After the 1971 coup, the student leaders Deniz Gezmiş , Yusuf Aslan and Hüseyin İnan were executed in Ankara on May 6, 1972 . After the coup on September 12, 1980 , 50 people were executed. The executions involved 17 members of left-wing organizations, 9 members of right-wing organizations, 23 apolitical offenders and one member of the Armenian organization Asala.

Extra legal executions

The figures on the extent of this type of political murder fluctuate, as there are hardly any reliable figures, especially for the first few years after the military coup in 1980. In a study by Helmut Oberdiek, the following figures for extrajudicial executions are given for the period from 1980 to 1990 :

• Security forces were responsible for 50 of these murders
• Village guards were responsible for 11 of these murders
• Left-wing armed organizations committed 395 of these murders of civilians (361 of which were committed by the PKK )
• in 78 cases the perpetrators could not be identified

In 1990 Amnesty International published its first report on extrajudicial executions in Turkey. In the years that followed, the problem grew. The Foundation for Human Rights in Turkey published the following figures for the years 1991 to 2001:

1991	1992	1993	1994	1995	1996	1997	1998	1999	2000	2001
98	283	189	129	96	129	98	80	63	56	37

In 2001 the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions , Ms. Asma Jahangir, published a report on her visit to Turkey. The report mainly contained information on attacks on prisoners resulting in death (September 26, 1999, 10 prisoners were killed in Ankara; December 19, 2000, 30 prisoners and two soldiers were killed in an operation against political prisoners in 20 prisons in Turkey) .

For the years 1999 to 2010 the Human Rights Association (IHD) published figures on dubious deaths in custody, extrajudicial executions / death as a result of torture or by village guards

1999	2000	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010
205	173	55	40	44	47	89	130	66	65	108	100

Between November 26 and 30, 2012, Christof Heyns, the UN rapporteur on extrajudicial, summary and arbitrary executions ( United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions ) visited Turkey. A preliminary report was published in Ankara on November 30, 2012. The report certifies that Turkey has made progress in protecting the right to life, but warned that the perpetrators of a large number of unlawful (political) murders in the 1990s and more recently have been unpunished.

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The funeral procession for Hrant Dink

Murders of unknown perpetrators

The term faili meçhul ("perpetrator unknown") used in Turkey is intended to indicate that the perpetrators could remain undetected because they were protected by the state. It is reasonable to assume that the perpetrators formed part of the Deep State , formed death squads from JITEM units with defectors from the PKK or belonged to the radical Islamic Hezbollah . In any case, the state made no move to solve these crimes. In 2009, the IHD stated that by the end of 2008, 2,949 people had been murdered by unknown perpetrators.

A parliamentary commission was set up in 1993 to investigate the murders by unknown perpetrators (tr: faili meçhul cinayetleri araştırma komisyonu ). The commission was active for two years. There were complaints that the Commission was being hindered in its work. A member of the commission, Eyup Aşık, said Hezbollah was behind many of these murders. He believed that Hezbollah was supported by the state. The commission, chaired by DYP MP Sadık Avundukluoğlu, presented a 200-page report in 1995. According to this, a total of 908 murders were committed by unrecognized perpetrators between 1975 and 1994, most of which were committed in 1992 (316) and 1993 (314). At the end of 2012, the establishment of a further committee on the same topic was on the agenda.

Human Rights Watch (HRW) first called for an investigation into the link between the state and Hezbollah in 1992. In another report, HRW wrote: “In 1992 there was a worrying increase in dubious murders in southeastern Turkey. Hundreds of people were murdered by unrecognized perpetrators, many of them held responsible positions in the Kurdish community: doctors, lawyers, teachers, politicians, journalists, human rights activists, entrepreneurs ... Among the people who have been murdered since January 1992, 13 were journalists . "

Citing the Ministry of the Interior, the daily newspaper “Zaman” published that between 1987 and 2001 a total of 2,914 political murders were committed, of which 457 were within the jurisdiction of the police (cities) and 1,291 within the jurisdiction of the gendarmerie (in the countryside) were not cleared up.

The TIHV determined the following figures for the period between 1990 and 2001

year	1990	1991	1992	1993	1994	1995	1996	1997	1998	1999	2000	2001
Victim	11	31	362	467	423	166	113	65	45	52	13	24

The Human Rights Association (IHD) presented the following figures for the years 1999 to 2010:

year	1999	2000	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010
Victim	212	145	160	75	50	47	1	20th	42	29	18th	22nd

"Disappearance"

While there were a handful of people who disappeared after their arrest in the 1980s (and were therefore on the lists of people suspected to have died in police custody - under torture), this increased in the course of the armed conflict between the Turkish armed forces and the militants of the Kurdish Workers' Party PKK, the number of cases of enforced “ disappearances ” in the 1990s dramatically. The European Court of Human Rights dealt with some of the cases .

In 1998, the UN Working Group on Forced and Involuntary Disappearances issued a report on a visit to Turkey on May 20-26. September 1998 out. It said u. a .: “ Most of the enforced disappearances concerned people of Kurdish origin and took place in the provinces of Diyarbakir and Siirt in southeastern Anatolia, where the state of emergency was in effect. There have also been some cases in Antalya , Izmir, and Istanbul provinces . Many cases followed the same pattern: the disappeared people were arrested at home as members of the PKK, but their arrest was later denied by the authorities . ”In her report of December 18, 2001, the UN Special Rapporteur wrote on extralegal, summary or arbitrary executions, Ms. Asma Jahangir: “ While the number of kidnappings or enforced disappearances has decreased in recent years, at the time of the Special Rapporteur's visit there were still such cases ... and the disappearance of two people is a matter of deep concern . "

Special bus that was set up at the site of the Saturday Mothers' action

At times there were lists on the Internet with the names of those who had disappeared, which are said to have been compiled by the human rights organization IHD. The number of 839 names was mentioned more often, with the addition that there were actually 1251 cases of disappearances. In a revised list, which relates to the period from 1980 to 1999, Helmut Oberdiek came up with a number of 818 disappeared in Turkey.

Following the example of Madres de la Plaza de Mayo in Argentina , the so-called Saturday Mothers held weekly protests in front of the Galatasaray High School in Istanbul between May 1995 and 1999 . They had to interrupt their action on March 13, 1999. By then, they had protested 200 times, but were repeatedly arrested and mistreated. In March 2009, the Saturday Mothers resumed their action. By December 2010, they had held 300 protests. In 2012 the number was corrected to 402 actions. In August 2018, the Saturday Mothers' rally was held for the 700th time.

See also article of the Turkish Democratic Forum on:

• Mass graves become a hot topic , August 2011
• People who disappeared in Diyarbakir , February 2012

torture

→ Main article : Torture in Turkey

Torture has a long tradition in Turkey. Reports of torture have existed since the Ottoman Empire . Especially after the coup of 1971 and the military coup of 1980 it was used as part of the prosecution of oppositionists. In 2008, the Foundation for Human Rights in Turkey (TIHV) stated in its torture atlas of one million victims of torture since the coup in 1980. As Human Rights Watch reports, torture against opposition members has increased since the attempted coup in 2016 .

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 (en: on UN Special Rapporteur Torture ) visited Turkey to assess the risk of torture.

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 extract confessions. 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 .

Death in police custody

Between September 1981 and October 1984, Amnesty International (AI) submitted 110 cases to the Turkish government, alleging that the prisoners 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 1988. It was only after a list of 144 names of prisoners who might have been tortured to death appeared in the Turkish press 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 are believed to have been caused by torture. One of them is the journalist Metin Göktepe .

Legal background

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. The prohibition of torture was not only valid in the constitution (even before the establishment of the Turkish Republic, see Art. 26 of the Ottoman constitution ), but was also defined as a criminal offense. In the Criminal Code of 1858 it was Article 103. Between 1926 and 2005, the Penal Code number 765 was in force. In Law No. 765, torture was punished under Article 243 and ill-treatment was punished under Article 245.

The new Turkish Criminal Code (tStGB) was passed as Law No. 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 a further category “torture” (eziyet) . Torture is now punished with three to twelve years in prison.

Five days after the coup of September 12, 1980 , the maximum length of time that the police or gendarmerie could interrogate a prisoner ( incommunicado , i.e. without contact with the outside world) was increased from 15 to 30 days. On November 7, 1980 it was extended to 90 days. Thereafter, the maximum length of police custody was reduced at longer intervals to 45, then 30, then to 15 days and later to 4 days. Until February 6, 2002, offenses dealt with by State Security Courts (political perpetrators) were subject to a maximum of seven days (10 days in areas under a state of emergency.)

Since 2002 the constitution has imposed a maximum of 48 hours in police detention. The Turkish Code of Criminal Procedure (tStPO, until 2005 Law No. 1412, then Law No. 5271) limits it to 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 political offenses, the maximum duration is 48 hours, whereby the suspects have no right to legal assistance in the first 24 hours.

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.

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. The results of the first visits prompted the CPT to issue a public statement on December 15, 1992, speaking of " widespread torture and ill-treatment of ordinary and political prisoners in Turkey ". 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's reports on Turkey became more positive. For example, a report dated September 6, 2006, relating to a visit between December 7 and 14, 2005, found that the observations in Adana , Istanbul and Van regarding progress in the fight against torture were encouraging. There were several statements and visits to the high-security prisons introduced in 2000 (called: F-type prisons ), which prisoners and human rights organizations criticize as a form of solitary confinement . After the CPT had no objections to these prisons at the beginning, there was later criticism of the F-type prisons and especially of the prison conditions of the PKK leader Abdullah Öcalan . On September 6, 2006, the report on a visit between December 7 and 14, 2005 was presented.

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 Commission's “Agenda 2000” assessment of torture was initially:

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

The mood changed in 2004 when it was 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. "

Differences in assessments can also be seen in reports from the US State Department ( Bureau of Democracy, Human Rights, and Labor ), Amnesty International, and Human Rights Watch. In 2012 they (still) saw a particular problem in police violence against demonstrators.

Since the attempted coup in 2016 , torture against critics of Erdoğan and the AKP has increased in Turkey, as Human Rights Watch showed in a report published in October 2017. According to this, people who are accused of having participated in that coup attempt or of having supported it, or who are generally referred to as "terrorists" by the government, are at great risk of being tortured. The HRW report shows eleven detailed cases and speaks of sexual harassment , rape , beatings and forced nudity of those affected. In addition, HRW is aware of six cases of kidnappings.

Religious freedom

See also : Religions in Turkey , Christianity in Turkey and Minorities in Turkey

According to Article 24 of the Turkish Constitution , all citizens enjoy freedom of conscience, religious belief and belief ... Worship services, religious ceremonies and celebrations are free. According to the European Commission's progress report of October 10, 2012, freedom of worship was generally respected. However, no concrete steps followed the 2009 opening for Alevis rights . The houses of prayer for Cems (assembly, hence the houses are called Cemevleri ) have not been officially recognized. Non-Muslim communities reported difficulties using their places of worship (places of worship). Both Alevis and non-Muslim groups have to pay for electricity and water, while the state pays for mosques. Non-Muslim circles reported some incidents of hate crimes . The trial of the murder of three Protestants in Malatya in April 2007 was ongoing. The murder of the Catholic priest Santoro in Trabzon in 2006 and the murder of Bishop Padovese in İskenderun in 2010 have not been fully clarified either.

According to the 2011 annual report of the “Association of Protestant Congregations in Turkey”, there were also hate crimes against Christians in 2011 in Turkey. In 2011 five pastors and church services received personal protection from the police. State registration of newly emerging churches is still not possible. For 2011, the report lists a total of twelve physical attacks on Protestant Christians and churches.

In the International Religious Freedom Report for 2011, the US State Department (here, the Office for Democracy, Human Rights and Labor) on Turkey a. a. said:

According to the European Court of Human Rights , Alevis are systematically discriminated against by the Turkish state.

“Some provisions in the constitution restrict freedom of religion. The government issued a decree providing for restitution or compensation for property from religious communities that had been confiscated in years prior ... No clear instructions were given on the reopening of the Halki Seminary , which has been closed for 40 years ... Some Muslims, Christians and others Baha'i complained about harassment for proselytizing when they expressed their religious views. "

external link

• Criterion of freedom of religion - on the situation of religious minorities in Turkey in the context of possible EU accession from East-West European Perspectives 1/2004, by Helmut Wiesmann

freedom of speech

→ Main articles : Media in Turkey  and freedom of the press in Turkey

Articles 25 to 31 TV guarantee freedom of expression , freedom of research , freedom of art , freedom of the press and freedom of information . These rights can be restricted (e.g. to protect public order but also privacy). The Turkish Criminal Code of March 1, 1926 (Law No. 765) contained many provisions restricting freedom of expression. Law No. 5237 replaced the old Criminal Code on June 1, 2005, but retained many provisions of the old Criminal Code that restricted freedom of expression. In addition to the anti-terror law, which can also be used to punish expressions of opinion due to the flexible term of terror, there are a few special laws such as law No. 2911 on demonstrations and rallies and the law on criminal acts against Ataturk , with which Freedom of expression is restricted.

The first penal code of the Turkish Republic (tStGB) was Law No. 765 of March 1, 1926, which was valid until June 1, 2005. In the political proceedings that accumulated after every coup (1960, 1971 and 1980), most were convicted of prisoners of conscience under Articles 140 ( denigrating Turkey abroad), 141 (membership and propaganda for a communist organization ), 142 ( separatist propaganda) and 163 ( anti-laicist aspirations). After the merger of the Communist Party of Turkey (TKP) with the Workers' Party of Turkey (TIP) to form the United Communist Party (TBKP), its President and General Secretary Nihat Sargın and Haydar Kutlu returned from their exile to Turkey in November 1987 and were (like expected) arrested and charged under Article 141 tStGB old version. In addition to the international campaign for their release, the two politicians went on hunger strike. The government under Turgut Özal gave in and abolished Articles 141 and 142 of the Turkish Penal Code, which formed the basis of her imprisonment.

The Anti-Terrorism Act (ATG) of April 1991 deleted Articles 140, 141, 142 and 163 from the Criminal Code. However, Article 142 has been replaced practically identically by Article 8 ATG. Articles 1 and 7 ATG allow the punishment of members in organizations who want to change the system in a peaceful manner. In the beginning, Article 7 was rarely applied, but Article 8 ATG, which was used in particular to punish people who campaigned for the rights of the Kurds , all the more so. When the number of convictions against Turkey at the European Court of Human Rights (ECHR) for violating freedom of expression due to a conviction under Article 8 ATG, the article was abolished with reform package 6 (Law 4928 of July 19, 2003). Thus, punishments under Article 8 ATG were no longer possible.

When procedures under Article 159 tStGB old version ( Article 301 tStGB new version ) increased, campaigns at home and abroad led to a change. This then led to Law No. 5759 of April 30, 2008, which replaced the term “Turkishness” with “Turkish nation” and reduced the range of sentences to a maximum of two years. In addition, since then, proceedings under Art. 301 tStGB can only be initiated with the express authorization of the Minister of Justice.

In the meantime, Article 7 (2) ATG has practically replaced Article 8 ATG, not only in terms of the number of convictions. Furthermore, other provisions have been added that were previously rarely used. The EU's progress report of 9 November 2010 lists 4,091 investigations against journalists for breaching the confidentiality of investigations or attempting to influence fair trials (Articles 285 and 288 of the new criminal law).

The EU Commission reacted with a separate resolution of March 9, 2011. This resolution may include a .: “ The EU is concerned about a deterioration in the area of ​​press freedom. The EU notes with concern that criminal proceedings under Article 285 of the Criminal Code for 'breaching the confidentiality of criminal investigations' or under Article 288 for 'attempting to influence the judiciary' are being opened against journalists who give evidence of human rights violations or matters of public interest bring up. The EU regrets that a number of provisions such as Articles 301, 318 and 220 (6) in conjunction with Article 314 (2) of the Criminal Code and Article 7 (2) of the Anti-Terrorism Act restrict freedom of expression; repeats the call to the government to adapt the legal framework to the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights . "

On December 20, 2010, the Parliamentary Assembly of the Council of Europe adopted the Doc. 12455 declared report of the Committee for Legal Affairs and Human Rights under the title "Implementation of the decisions of the ECHR". On Turkey is in the report u. a. to read:

“There are still 1,232 cases pending with the Committee of Ministers from Turkey. That's 15% of the committee's workload ”. One of the structural problems to be resolved in Turkey was freedom of expression. "

On this point, the Parliamentary Assembly of the Council of Europe said:

"There have been general measures to address the problem, including a number of constitutional amendments, a package of laws to reverse and repair the violating provisions of the Anti-Terrorism Act, and training and awareness-raising for judges and prosecutors to Encourage application of the standards of the Convention, including examples from national courts.

“However, these legislative changes do not remove the root of the problem and are just another expression of the same substance that violates the Convention ... It is crucial that the Convention and the established case law of the General Court (ECHR) be reflected in national law and its application reflect in Turkey. On this aspect it was noted that the Committee of Ministers has been waiting for information since September 2008. "

Annual reports from various institutions on developments in Turkey in 2010 also contained critical comments on freedom of expression. These included reports from Amnesty International, Human Rights Watch, and the State Department. The reports on developments in 2006 had already contained similar criticism.

In the EU's progress report on Turkey of October 10, 2012, a .:

“Turkey needs to change its criminal law and anti-terrorism legislation so that a clear distinction is made between inciting violence and expressing non-violent thoughts. The application of Articles 6 and 7 of the Anti-Terrorism Act in conjunction with Articles 220 and 314 of the Criminal Code leads to abuse; Writing an article or giving a speech can still lead to legal proceedings and long prison terms for simple or senior membership in a terrorist organization. "

Amnesty International criticized: “In 2011, critical journalists and politically active Kurds who spoke up about the situation of the Kurds in Turkey or criticized the army faced unfair prosecution.” Human Rights Watch emphasized: “Individuals are often because of Charged with non-violent speech or articles. "The US State Department commented," The arrests and indictments of journalists, writers, Kurdish intellectuals and political activists, along with the condemning speeches of political leaders, had a deterrent effect on freedom of expression. " and freedom of the press was protested across the country in Turkey in the summer of 2013 .

In February 2014, the Turkish parliament passed a bill by the Erdoğan government aimed at tightening state internet controls. Under the new law, the government can block unwanted content and websites without a court order. An alleged invasion of privacy or insult are sufficient reasons. In addition, the authorities are authorized to record the surfing behavior of Internet users and to store them for two years . Journalist organizations such as Reporters Without Borders see the new law as a further restriction on the freedom of the press in Turkey. There was also criticism from the secularist opposition party CHP .

In December 2014, the arrest of numerous journalists critical of the government, including the editor-in-chief of the daily newspaper Zaman , led to protests by international organizations and politicians from other countries, such as the German government spokesman Steffen Seibert . The USA appealed to Turkey "not to violate the country's democratic foundations". The European Union condemned the wave of arrests as "incompatible with media freedom".

Conscientious objection

According to Article 72 of the 1982 Constitution, all Turkish men between the ages of 19 and 40 must do "patriotic service". In Turkish law, "patriotic service" is regulated by the Military Service Act (Act No. 1111) and the Act for Reserve Officers and Reservists (Act No. 1076). The length of the military service is generally 15 months.

Turkey does not recognize the right to conscientious objection . Conscientious objectors are repeated because of desertion , disobedience or insubordination convicted. Conscientious objectors are often subjected to abuse in prison. Even after their release, conscientious objectors often live in a legal limbo. They cannot marry, have their children registered, work legally, obtain ID, or go to the authorities for any other matter. Conscientious objectors and pacifists are often faced with charges of “distancing the people from the military” (Article 318 tStGB) because they have criticized the military or talked about conscientious objection.

The first known Turkish conscientious objectors were Tayfun Gönül and Vedat Zencir, who declared their refusal in 1990. Osman Murat Ülke, a Turkish citizen who grew up in Germany and returned to Turkey, was the first prominent objector and the first to go to prison for conscientious objection. In 1995 he publicly stated that he was a conscientious objector and would refuse to do military service. Dozens have followed him since then. Between 1995 and 2004 around 40 men declared their refusal, mostly through a public statement or in interviews with the media in which they explained their motives.

On January 24, 2006, the European Court of Human Rights passed a ruling on conscientious objector Osman Murat Ülke. Osman Murat Ülke had been convicted of conscientious objection eight times between 1996 and 1999 and was imprisoned for a total of 701 days. Since Osman Murat Ülke can be arrested again at any time, the court saw this as a violation under Article 3 of the European Convention on Human Rights: “The numerous criminal prosecutions in connection with the possibility that he could be subject to life-long criminal prosecution are disproportionate to the goal that After the judgment of the ECHR on Osman Murat Ülke, the Turkish government told the Council of Europe that a law was being prepared to solve the problem.

In May 2008, the UN Working Group on Arbitrary Detention issued an opinion on Halil Savda, who has been repeatedly detained and convicted. The working group concluded: “Mr. Halil Savda's detention from December 16-28, 2004, December 7, 2006 to February 2, 2007, and February 5 to July 28, 2007 was arbitrary. His deprivation of liberty since March 27, 2008 is arbitrary and constitutes a violation of Articles 9 and 18 of the Universal Declaration of Human Rights and Articles 9 and 18 of the International Covenant on Civil and Political Rights, which Turkey has ratified November 2011, a chamber of the European Court of Human Rights confirmed the right to conscientious objection in its ruling on the Erçep v. Turkey case (motion no. 43965/04). The case concerned a Jehovah's Witness from Turkey who was repeatedly jailed for refusing to obey approximately 15 drafts for military service.

Other known cases of conscientious objectors detained in Turkey include:

• Mehmet Bal: He was arrested several times in 2002, 2003 and 2008
• Mehmet Tarhan , he was in custody from April 8, 2005 to March 9, 2006 and, like Osman Murat Ülke, could be drafted at any time. He refused to be unfit for writing because of his homosexuality.
• Enver Aydemir, arrested on December 24, 2009. Because he refused to serve in a secular army out of religious convictions, he was detained for several months in 2007 and repeatedly ill-treated. His detention in December 2009 lasted until June 2010.
• Inan Süver refused to do military service after 13 months in 2001 and was imprisoned for seven months. He was arrested again in 2011, but released after a month because he had since been declared unfit.
• Muhammed Serdar Delice, arrested on November 27, 2011. On December 18, 2011, he started a hunger strike to protest abuse in detention. He was sentenced on February 24, 2012, but released.
• Less known is the fate of Barış Görmez, who, as a member of Jehovah's Witnesses, refused to do military service for religious reasons. Until his acquittal in the Isparta Military Court on February 16, 2012, he had stood on trial 12 times and had been in custody since October 2007. The court followed the decision of the ECHR in the case of Yunus Erçep, who saw the repeated imprisonment of a conscientious objector in a country where there is no civil alternative a violation of Article 9 of the European Convention on Human Rights.

Freedom of assembly

According to Article 34 of the 1982 Constitution (as amended on October 17, 2001) “Everyone has the right to hold unarmed and peaceful gatherings and demonstrations without prior permission.” Restrictions can be used to protect national security, public order, and prevent Criminal offenses are committed to protect general morality and health, and to protect the rights and freedoms of others. Article 3 of Law 2911 on Demonstrations and Rallies, which regulates the details, also provides for the right to peaceful demonstrations without prior notification.

Due to the demonstrations, which were often violently broken up by the police, such gatherings were often declared as press conferences, as they can take place at any location, but even then there were police attacks and charges and the like. a. for violating Law 2911. A February 2004 report by Amnesty International entitled "Restricting Laws, Pressure on Human Rights Defenders," said, among other things. A.: “The chairman of the IHD branch of Hatay and three members were charged under Law No. 2911 on Gatherings and Demonstrations after reading a press statement against US preparations for an attack on Iraq outside their office building. "In the 2009 annual report, the Human Rights Association IHD said:" In 2009, Law No. 2911 was not changed and procedures for exercising the right to assemble and demonstrate have increased ... In total, 6 people died in 10 assemblies and demonstrations, 356 were injured and 12,976 were arrested and 732 people were arrested. "

In the 2010 semi-annual report of the Foundation for Human Rights (TIHV) the following information was given: “According to the report by the Supreme Police Directorate for 2009, 570 unauthorized demonstrations were held during which 2,250 people were arrested and 413 police officers and 110 citizens were injured. The TIHV Documentation Center found for 2009 that in addition to 301 people injured in demonstrations, six died. 68 people were injured in the first six months of 2010. 146 people were sentenced to a total of more than 900 years imprisonment for violating Act 2911 on demonstrations and rallies. ”The 2011 annual report of the TIHV lists a total sentence of 148 years, 6 months imprisonment for 27 people a. were charged with violating Law 2911. Seven people were acquitted while the trial of 116 people continued.

Deaths in demonstrations due to targeted attacks or excessive police force have a long tradition in Turkey. This includes:

• May 1, 1997, demonstration in Taksim Square (Istanbul) in which at least 34 people died; one person died on the same occasion in 1989 and three demonstrators in 1996

Deaths at Newroz , the Kurdish spring festival , around March 21st every year

• 1991 one fatality in Nusaybin
• In 1992 94 people died (including 3 security officers).
• 1993, three fatalities in Adana and Batman .

Demonstrations on other occasions

• Burial of Vedat Aydın in Diyarbakır in June 1991, 15 people were shot. The TIHV annual report reported seven protesters killed.
• Demonstration in Digor on August 15, 1993, on the occasion of the 9th anniversary of the beginning of the armed conflict. 15 people were killed.
• Events in the Gazi district of Istanbul on March 12 and 13, 1995, which began with the bombardment of a café visited by Alevis and killed 20 people.
• Burial of HPG militants in Diyarbakır in March 2006. 13 people were killed in Diyarbakır and the surrounding provincial and district towns when the police shot demonstrators.
• Protests broke out under the government of the third AKP cabinet in May and June 2013, and were violently suppressed.

Freedom of organization

According to Article 33 of the Constitution, “Anyone has the right to form, join or resign from an association without prior permission.” The rights of workers to form trade unions, to bargain collectively and to go on strike are in the Articles 51, 53 and 54 of the Constitution guaranteed.

By March 2008, 26 political parties had been banned in Turkey, two of them before the Constitutional Court was established on April 25, 1962. This does not include the 18 political parties that were banned with the coup of September 12, 1980 and dissolved on October 16, 1981. The Grand National Assembly of Turkey has allowed the Law 2533 of 19 June 1992 that these parties must be active again.

The Foundation for Social, Economic and Political Research (TESAV) has prepared detailed information on party bans. There are 10 parties (not two) that were banned before the constitutional court was established. The details in the expandable and collapsible tables are:

1. Prohibition of political parties before the constitutional court is established:

No.	Name (de)	Name (tr)	founding	closure	Headquarters
1	Democratic Party	Democrat Parti	January 7, 1946	September 29, 1960	Ankara
2	Party of farmers and villagers	Çiftçi ve Köylü Partisi	April 24, 1946	June 2, 1946	Bursa
3	Socialist Party of Turkey	Türkiye Sosyalist Partisi	May 14, 1946	1952	Istanbul
4th	Party of the nation	Millet Partisi	July 20, 1948	January 27, 1954	Ankara
5	Democratic Labor Party	Democrat İşçi Partisi	September 26, 1950	1950	Istanbul
6th	Leading party	Güden Partisi	July 14, 1951	1951	Istanbul
7th	Islamic Democratic Party	İslam Democrat Partisi	August 1, 1951	1952	Istanbul
8th	Fatherland party	Vatan Partisi	October 22, 1954	1966	Istanbul
9	Small party	Ufak Parti	May 23, 1957	1957	Erzurum
10	Equality party	Müsavat Partisi	February 13, 1961	1961	Istanbul

2. Political parties that have been banned by the Constitutional Court

No.	Name (de)	Name (tr)	founding	closure
1	Labor Party of Turkey	Türkiye İşçi Partisi	February 13, 1961	20th July 1971
2	Workers and Peasants Party	İşçi - Çiftçi Partisi	March 30, 1961	15th October 1968
3	Progressive ideal party of Turkey	Türkiye İleri Ülkü Partisi	May 6, 1969	June 29, 1971
4th	Party of Greater Anatolia	Buyuk Anadolu Partisi	5th November 1969	December 19, 1972
5	National Order Party	Millî Nizam Partisi	January 26, 1970	20th May 1971
6th	Party of the Working People of Turkey	Türkiye Emekçi Partisi	February 12, 1975	May 8, 1980
7th	Welfare party	Refah Partisi	July 19, 1983	January 16, 1998
8th	Party of Peace in Turkey	Türkiye Huzur Partisi	July 22, 1983	October 25, 1983
9	Socialist party	Sosyalist Parti	February 1, 1988	July 10, 1992
10	Green party	Yeşiller Partisi	June 6, 1988	February 10, 1994
11	People's Party	Halk Partisi	December 20, 1989	September 24, 1991
12	Party of revival	Diriliş Partisi	March 26, 1990	February 18, 1997
13	United Communist Party of Turkey	Türkiye Birleşik Komünist Partisi	4th June 1990	July 16, 1991
14th	Labor Party of the People	Halkın Emek Partisi	June 7, 1990	July 14, 1993
15th	Socialist Union Party	Sosyalist Birlik Partisi	January 15, 1991	July 19, 1995
16	Party for Freedom and Democracy	Özgürlük ve Demokrasi Partisi	October 19, 1992	November 23, 1993
17th	Socialist Party of Turkey	Sosyalist Türkiye Partisi	November 6, 1992	November 30, 1993
18th	Democratic Party	Democrat Parti	December 12, 1992	September 13, 1994
19th	Democracy party	Demokrasi Partisi	May 7, 1993	June 16, 1994
20th	Party for Democracy and Change	Demokrasi ve Değişim Partisi	April 3, 1995	March 19, 1996
21st	Workers' Party	Emek Partisi	March 25, 1996	February 14, 1997
22nd	Democratic mass party	Democracy Kitle Partisi	January 3, 1997	February 26, 1999
23	Virtue party	Facilet Partisi	December 18, 1997	June 22, 2001
24	People's Democracy Party	Halkın Demokrasi Partisi	May 11, 1994	March 13, 2003
27	Democratic Society Party	Democracy Toplum Partisi	November 9, 2005	December 12, 2009

There have been two cases in which the Constitutional Court rejected motions to ban a political party. On the one hand, there is the motion to ban Hak-Par = Hak ve Özgürlükler Partisi (Party for Law and Freedoms) and, on the other hand, the motion to ban the ruling party, the AKP.

According to Human Rights Watch (HRW), the ECHR has dealt with nine cases of party bans in Turkey to date. With the exception of one decision, the ECtHR has always been in favor of the prohibition being a violation of freedom of organization (Article 11 of the ECMR). In confirming the Welfare Party's (tr: Refah Partisi ) ban , HRW shared the criticism that the decision was inconsistent with previous decisions and that it was not investigated, that there was no evidence to support the claim that the party wanted to eradicate democracy.

The European Court of Human Rights has delivered between 2002 and 2010 following decisions to outlaw parties in Turkey:

date	Surname	complaint	Background, Art. 11 ECHR (violated - not violated)
April 9, 2002	HEP	22723/93	Art. 11 violated, Halkın Emek Partisi (HEP, People's Party of Labor) advocated the right to self-determination and the right to use the mother tongue, which does not conflict with the fundamental principles of democracy.
December 10, 2002	DEP	25141/94	Art. 11 violated, the Demokrasi Partisi (DEP, Democracy Party) campaigns for the recognition of the Kurdish identity, if individuals have spoken out in favor of violence, this cannot be blamed on the whole party.
February 13, 2003	RP	41340/98	Art. 11 not violated, the ECHR found that actions and speeches by members made clear the long-term policy of the Refah Partisi (RP, Welfare Party), that they want to build a Sharia regime ... Such a concept is not compatible with a democratic society.
November 12, 2003	STP	26482/95	Art. 11 violated, the program of the sosyalist Toplum Partisi (STP, Socialist Party of Turkey) contained no call for violence or insurrection or the rejection of democratic principles.
April 26, 2005	DDP	39210/98	Art. 11 violated, the court found that the party program of the Demokrasi ve Değişim Partisi (DDP, Party for Democracy and Change) included an analysis of the history and political aspects of the Kurdish question in Turkey.
May 31, 2005	Emek Partisi	39434/98	Art. 11 injured, the program of Emek Partisi (EMEP, Labor Party) analyzed the development of the working class in Turkey and the world and included a critical analysis of the struggle of the government against separatist activities.
May 3, 2007	DKP	51290/99	Art. 11 violated, the Democracy Kitle Partisi (DKP, Democratic Mass Party) had in its program an analysis of the Kurdish question and a criticism of the government's fight against separatism. Complaints by two officials about transferring sentences were not considered a violation of Article 11 of the ECHR.

Before 2002, the ECHR ruled on two further bans on political parties in Turkey that they violated Article 11 of the ECHR. Those were:

• The United Communist Party of Turkey (TBKP) (complaint 133/1996/752/951), decision of January 30, 1998
• Socialist Party (complaint 20/1997/804/1007), decision of May 25, 1998

See also: On the prohibition of the DTP, special report of the Turkish Democratic Forum of December 11, 2009 (with the history of other pro-Kurdish parties)

The European Court of Human Rights between 2002 and 2010, the following decisions on bans on trade unions and other associations in Turkey (precipitated listed decisions where article has been violated 11 of the ECHR because of a violation of the freedom to demonstrate, if the demonstrations by trade unions or associations organized were ):

date	Surname	complaint	Background, Article 11 ECHR (violated - not violated)
July 12, 2005	Güneri	42853/98	Art. 11 violated, rallies by the Demokrasi ve Barış Partisi (DBP Democracy and Peace Party) in the southeast were banned without giving a reason.
September 20, 2005	Akat	45050/98	Art. 11 not violated, (15 complaints about penal transfers of teachers, members of Eğitim Sen )
September 20, 2005	Aydın	53909/00	Amicable agreement, officials of the DBP wanted to visit provinces in the southeast again.
October 25, 2005	IPSD	35832/97	Art. 11 violated, the association "Fight against unemployment and inflation" was dissolved because of its statutes. It analyzed the country's economic and social situation and criticized the government's policies.
February 21, 2006	Tüm Haber-Sen	28602/95	Art. 11 violated, the union was founded by civil servants to whom the law did not grant this right.
March 2, 2006	SKD	46257/99	Art. 11 violated, members of the "Association of War opponents" in Izmir had traveled to meetings abroad without permission and were sentenced to imprisonment for this.
June 27, 2006	Çetinkaya	75569/01	Art. 11 violated, the chairman of the IHD human rights association in Izmir had attended a meeting in Sivas and was therefore convicted (violation of the association law).
October 10, 2006	Tunceli	61353/00	Art. 11 violated, dissolution of the Tunceli Kültür ve Dayanışma Derneği association (Tunceli Culture and Solidarity Association)
March 6, 2007	Ünlü	31918/02	Art. 11 not violated (complaint by a teacher member of Eğitim Sen because of Tunceli being transferred to a sentence )
March 6, 2007	Çiloğlu	73333/01	Art. 11 not violated, the action of the Saturday mothers had regularly obstructed traffic.
July 17, 2007	Satılmış	74611/01	Art. 11 violated; Eleven members of the Yapı Yol-Sen union had taken part in a go- slow strike , which had been announced.
December 18, 2007	Aldemir	32124/02	Art. 11 violated, 8 members of Eğitim-Sen took part in an unannounced KESK demonstration in Ankara.
February 15, 2007	Soysal	54461/00	Art. 11 not violated (5 complaints about criminal transfers of union members)
November 12, 2008	Demir	34503/97	Article 11 violated, the Tüm Bel-Sen union was founded by civil servants. Officials were denied the right to form a union.
January 29, 2008	Aydın	31695/02	Art. 11 not violated, punitive transfer of a trade unionist.
March 18, 2008	Piroğlu	36370/02	Art. 11 violated, board members of the IHD had not excluded persons with a “political past” as members of the association.
July 17, 2008	Urcan	23018/04	Art. 11 violated, 12 members of Eğitim Sen had participated in a registered strike.
January 27, 2009	Karabulut	16999/04	Art. 11 violated, the IHD Istanbul had organized a demonstration against Israel.
April 7, 2009	Karatepe	33112/04	Art. 11 violated, protest by members of the People's Houses against sending troops to Iraq.
April 21, 2009	Yapı-Yol Sen	68959/01	Article 11 violated, members of Enerji Yapı-Yol Sen participated in a one-day warning strike and were punished for it.
September 15, 2009	Ozcan	22943/04	Art. 11 violated, 2 members of Eğitim Sen had participated in a registered strike and had been punished.
October 6, 2009	Özbek	35570/02	Art. 11 violated, 16 people were refused the establishment of a foundation of a Protestant church.
February 2, 2010	Çiftçi	30307/03	Art. 11 violated, trade unionists were transferred after a hunger strike because the action allegedly supported an illegal organization, which was not confirmed in the criminal proceedings.
May 27, 2010	Biçici	30357/05	Art. 11 violated, the chairwoman of the IHD Istanbul was injured during a demonstration.
July 13, 2010	Çerikçi	33322/07	Art. 11 violated, the unionist stayed away from work for a day to take part in a May Day demonstration

The human rights association IHD gave the following figures for the associations, trade unions, political parties and cultural centers that were banned between 1999 and 2010:

action	1999	2000	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010
closure	169	130	146	127	47	13	5	6th	13	11	10	11
Raids	266	156	216	83	88	35	7th	48	36	103	227	105

Discrimination

The law in Turkey prohibits discrimination based on race , gender , disability , language or social status, but the government has not effectively implemented these prohibitions. There is still a lack of comprehensive anti-discriminatory legislation. The parliamentary committee removed discrimination based on sexual identity or orientation from a bill. The current legal framework does not comply with the EU acquis . Discrimination occurs on an ethnic and religious level, sexual identity and other areas.

Women's rights

→ Main article : Women's rights in Turkey

As in many countries around the world, women’s human rights are violated every day in Turkey. It is estimated that a third to half of all women in the country experience physical violence in their families. They are beaten, raped, and in some cases even killed or forced to commit suicide. Young girls are traded between families or forced into early marriages. Violence against women is widely tolerated and even endorsed by social leaders and at the highest levels of government and justice. The state has a duty to protect women from violence, even if it is perpetrated not by state employees but by private individuals and groups.

Between October 2011 and September 2012 there were steps to improve case law regarding respect for women's rights and gender equality. The law for the protection of the family and the prevention of violence against women (tr: Ailenin Korunması ve Kadına Karşı Şiddetin Önlenmesine Dair Kanun ) is intended to protect family members and unmarried persons from violence. Nevertheless, gender equality, violence against women (including honor killings ), and early and forced marriage remain a major challenge for Turkey. The Justice Department reported that 10 honor killings were opened in 2011 involving 18 victims and 25 suspects. Eight of these trials with 11 victims resulted in the conviction of 10 people.

The Family Ministry initiated a National Action Plan (2012–2015) to combat violence against women. The ministry signed a protocol with the gendarmerie to train staff to prevent violence against women. The parliamentary committee on equal opportunities between men and women has introduced 20 bills since it was founded in March 2009. The decision of the ECHR in the case of Opuz v. Turkey, which related to domestic violence, was not implemented.

LGBT rights

→ Main article : Homosexuality in Turkey

Although homosexuality was not a criminal offense in Turkey even before the founding of the republic, members of LGBT people (the English abbreviation for lesbian, gay, bisexual and trans = transgender or transsexual) complain about a lack of acceptance in society. The Turkish constitution and national law do not prohibit discrimination on the basis of sexual orientation or gender identity. People are discriminated against because of their sexual orientation or gender identity, both by the state and by non-state actors in the workplace, in health and education as well as in housing. In 2011 they were again discriminated against, intimidated and victims of violent crimes. The military describes homosexuality as a psychosexual illness, which is considered to be the cause of unsuitability . However, if you want to be taken out of service because of this, you can be subject to clinical observation and have disadvantages in later life to fear.

On May 21, 2008, Human Rights Watch published a report entitled “We Need a New Liberation Law” . It is based on 70 interviews that document how homosexual and transgender individuals are beaten, robbed, prosecuted by the police and threatened with murder. Human Rights Watch concluded that there was no adequate official response. In proceedings for homosexual murder, the courts assume “serious provocation” and reduce the sentences. The Turkish Democratic Forum has carried out studies on hate murders (including homosexuals) in Turkey for the years 2007 to 2009 and listed 13 murders for 2007, 5 in 2008 and at least 4 murders in 2009.

Some laws are applied by the judiciary in a discriminatory manner against LGBT people. For example, Article 125 E / 9 of the Civil Service Act (Act No. 657) contains the provision to dismiss persons who “act in an immoral and dishonorable manner”. Of these were u. a. a police officer in Istanbul and a teacher in Çorum were affected. If there have been lawsuits for dismissals based on sexual orientation, the courts have found them lawful.

Disabled persons

Turkey signed the UN Convention on the Rights of Persons with Disabilities on March 30, 2007. After a discussion in parliament, it was ratified on September 28, 2008. In July 2005, Law 5378 was passed, which amended existing regulations and defined the term "disabled".

Even if the organization Mental Disability Rights International, which is now in Disability Rights International has renamed (DRI = Disability Rights International), claims a report from the year 2005 for the abolition of electroconvulsive therapy in the mental hospital Bakırköy to have made was so It was the CPT , after all , that more than a decade earlier drew attention to grievances in the institution. The first visit to the complex, known as the Mental and Psychological Health Hospital, was in 1992. This was followed by a visit in 1997. The report explicitly referred to electroconvulsive therapy ( ECT ). It said:

"The CPT is seriously concerned about the current procedures for administering electroconvulsive therapy in the hospitals in Bakirkoy and Samsun. ECT is a form of treatment, but it is no longer acceptable as it is in modern psychiatric practice Conversations on February 12, 1998, the CPT were assured that EKT will now only be carried out in separate rooms. "

So far, no national observation mechanism has been set up in accordance with the UN Convention on the Rights of Persons with Disabilities. The principle of positive discrimination is not reflected in concrete political measures. In June 2011 a General Directorate for Disabled and Senior Citizens was established in the Ministry of Family. By the end of the year, the facility's hotline had received more than 11,000 calls from disabled people and over 1,400 calls from senior citizens. The law prescribes barrier-free access to public buildings and means of transport; however, this is very limited in most cities and there are no clear sanctions if the regulations are not complied with.

Hate crimes

The hate crimes , better known as hate crimes or bias motivated crimes (was there developed the terminology in the US), will be in Turkey only in recent years the term suçları nefret discussed. The Human Rights Agenda Association (tr: İnsan Hakları Gündemi Derneği ) published a report on hate crimes in Turkey in July 2009 , from which it became clear that many of the people interviewed did not know this term. According to the OSCE Guide to Hate Crimes, hate crimes are composed of two elements:

• Committing an act that is considered an offense under current criminal law .
• A prejudice from which the crime is committed.

A protected characteristic is a characteristic shared by a group, such as their “race”, language, religion, ethnicity, nationality, or other similar common factor.

Meanwhile be hate crimes and the related phenomenon of hate speech (hate speech, tr: nefret söylemi ) intense debate in Turkey. After Deputy Prime Minister Bekir Bozdağ announced in October 2012 that amendments to the criminal law were being prepared to criminalize hate crimes, an initiative for a hate crime law (tr: Nefret Suçları Yasa Kampanyası Platformu ) announced that it would be in early 2013 corresponding draft law will be introduced into parliament. 62 organizations had joined the initiative.

While no official reports of assaults against LGBT people in 2011, the association KAOS GL reported two murders of transsexual people, two cases of rape and eleven physical attacks. KAOS GL also reported four homosexual male murders. The EU's October 2012 progress report noted on discrimination and hate crime:

“No mechanisms or bodies have been created to combat racism , xenophobia , anti-Semitism and intolerance . There is no legal framework that addresses problems of discrimination . There is no effective law enforcement agency for inciting hatred, even if it happens in the media. Turkey has made no progress in introducing inflammatory speech and hate crime laws as requested by the Council of Europe. "

On the English pages of the Turkish Democratic Forum, potential hate crimes in Turkey for the years 2007 to 2009 are listed for the following categories: ethnic groups, religious groups, the political "enemy", racism and xenophobia, homophobia. The Hrant Dink Foundation has repeatedly published reports on hate speech (en: hate speech , tr: nefret söylemi ). For the report from May to August 2012, around 1000 newspaper articles and columns were evaluated. Most of the hateful articles were found in Millî Gazete , Yeni Akit , Ortadoğu and Yeniçağ newspapers . 101 articles targeted ethnic or religious groups and 35 messages found prejudice against women and LGBT people. As in the four months before, most of the inflammatory speeches were directed against Armenians, Christians, Jews and Greeks. Armenians were often equated with the PKK. The Kurds themselves were more often than before the target of hateful articles. This could be related to the increase in fighting in July and August 2012. In the news about LGBT individuals, they were often referred to as perverted, sick, immoral, or “social disaster”. The “nefretsoylemi.org” initiative is also supported by the Friedrich Naumann Foundation .

Human rights activities in Turkey

The commitment to human rights in Turkey is closely linked to the consequences of the coup on September 12, 1980 . It was above all the family members of political prisoners who founded the first human rights association İnsan Hakları Derneği ( IHD ) in 1986 . The Foundation for Human Rights in Turkey ( TIHV ) was founded in 1990 with the active participation of the IHD. It should provide professional assistance to victims of torture and document human rights violations. The Mazlumder (Association for the Oppressed), founded by devout Muslims, is one of the renowned human rights organizations . It was founded in 1991. Since then there have been a variety of other initiatives, often focusing on specific aspects of human rights.

In the 1980s (and in some cases also the 1990s), government agencies tried first and foremost to refute the massive allegations of human rights violations. In particular, the Turkish Ministry of Foreign Affairs and the Ministry of Justice tried to downplay the human rights problems in Turkey. Instead of developing constructive measures, the main attempt was to divert attention from the existing grievances or to justify them with the need to fight terrorism. It was only later that government agencies with a focus on human rights were created and it was recognized that these bodies can make a contribution to the protection of human rights.

The criminal judge and chairwoman of the professional association of Turkish judges and public prosecutors Emine Ülker Tarhan resigned from office in March 2011 in protest against human rights violations and the way the Turkish government dealt with opposition groups and minorities and made a statement in Germany.

In June and July 2017, several human rights activists were arrested in Turkey by Amnesty International and various Turkish human rights organizations, including Idil Eser , Taner Kılıç and Peter Steudtner . They were accused of "supporting terrorism". Steudner and Eser were released weeks later, but Kılıç was not.

NGOs

When the IHD started its work in 1986, torture and the situation of detainees were the top priorities. The association was soon under suspicion of conducting propaganda for communists and terrorists, as many of the political prisoners were charged with attempting a communist overthrow. Not only the IHD, but also the Foundation for Human Rights in Turkey (TIHV) that emerged from it, had problems getting their statutes recognized. So it was said u. a. that a foundation could not include the treatment of torture victims in its statutes, "because there is no torture in Turkey". The association for human rights and solidarity with the oppressed "Mazlumder", founded in 1991, has also made universal human rights its flag. The association was founded in addition to IHD and TIHV, which initially excluded the problems of devout Muslims. In the beginning, Mazlumder's work was also severely hindered.

Compared to the 1990s, there have been significant changes in the situation of human rights defenders in Turkey since 2000 . There have been fewer cases of branch closures of the larger human rights organizations and fewer human rights defenders arbitrarily arrested or jailed than in previous years. However, the reforms have not put an end to the persecution of human rights defenders on charges of supporting illegal organizations. A new pattern of pressure that has emerged concurrently with the reform process is the immense number of trials and investigations opened against human rights defenders using various laws and regulations. According to figures presented by the İHD, 300 proceedings were opened against him and his employees in the first 14 years after the establishment. In the last three years alone (2001–2003) there were more than 450.

In the field of human rights advocacy in Turkey, three main organizations should be mentioned:

• Human rights association IHD

Founded on July 17th, 1996 by 98 individuals: relatives of prisoners, lawyers, journalists, doctors ... In 10 years the association had branches in 58 provinces and 18,000 members. After the number of members had risen to 25,000 in the meantime, the number of branches decreased to 28 by 2010 and the number of members to just under 11,000. Proceedings have been opened against more than 500 members of the IHD executive boards, some of which are still ongoing. 25 branches were closed for a short or long period by prohibition. In the Kurdish areas, 13 branches had to close due to pressure and death threats against the board of directors. The first chairman was Nevzat Helvacı. He was followed by Akın Birdal, who barely survived an armed attack in May 1998.

• Foundation for Human Rights in Turkey, TIHV

The Human Rights Foundation of Turkey TIHV was founded in 1990 by the IHD and 32 human rights activists. Her statute was recognized on December 30, 1990. The TIHV works professionally in the field of documentation and treatment of torture victims. There are currently five centers for the treatment of survivors of torture in Ankara , Istanbul , Izmir , Adana and Diyarbakir . By the end of 2010, more than 12,000 people had been treated there free of charge for torture-related illnesses.

• Mazlumder

The Association for Human Rights and Solidarity with the Oppressed (tr: İnsan Hakları ve Mazlumlar İçin Dayanışma Derneği , short: Mazlumder) was founded on January 28, 1991 by 54 people in Ankara. The head office is also located there (as are the head offices of IHD and TIHV). By 1997 Mazlum-Der had 13 branches and 4,000 members. In 1998, the branches in Şanlıurfa , Istanbul and Adana were searched by the police several times. Several criminal proceedings were opened against the chairmen of the Şanlıurfa and Konya branches , almost all of which resulted in an acquittal. The chairman of the Kayseri branch, Prof. Dr. Nihat Bengisu was detained, insulted, and threatened for five hours by the police in October 1998. On October 22, 1998, raids were carried out on the headquarters and branches in Istanbul, Izmir and Adana. In December 1998 the Şanlıurfa branch was closed. In May 1999 the Konya branch was closed. On June 19, 1999, the headquarters and all branches nationwide were searched and important material (including in the offices of board members) was confiscated.

Other notable organizations are:

Designation (de)	Designation (tr)	active since	Area	website
Amnesty International (Turkey Section)	Uluslararası Af Örgütü Türkiye Şubesi (ai-tr)	2002	General MR	Turkish
Helsinki Citizens Association	Helsinki Yurttaşlar Derneği (hYd)	1993	MR, democracy	Turkish , English
Common human rights platform	İnsan Hakları Ortak Platformu	2005	Platform from IHD, ai-tr and hYd	Turkish
Human rights agenda association	İnsan Hakları Gündem Derneği	2003	Projects	Home Turkish and English
Women's Center Foundation	Kadın Merkez Vakfı (CAMER)	1994	Women	Turkish
Solidarity with Refugees Association	Mältecilerle Dayanısma Derneği	2008	refugees	Turkish

See also:

• Search page of the Turkish section for NGOs (Turkish and English) with basic information in English
• Civil society organizations , one side of the "E (electronic) state" divided into foundations, associations, trade unions and professional associations
• Link collection (only names and urls)
• Türkiye'de Hak Temelli STK'lar: Sorunlar ve Çözüm Arayışları (The right-wing organizations of civil society -OZG- in Turkey; PDF file; 2.52 MB), 2nd edition. 2011, 384 pages
• The Center for the Development of Civil Society ( Sivil Toplum Geliştirme Merkezi or Civil Society Development Center ) has pages in Turkish and English where you can search for OZG, subdivided by area, province, etc.

State institutions

Between 1990 and 2002 there was a minister of state in each of the governments of Turkey who was responsible for human rights. The Ministry was replaced under the AKP government by a Presidium for Human Rights, which reports to the Prime Minister. With Law 3686 on December 5, 1990, a commission for the investigation of human rights (tr: İnsan Hakları İnceleme Komisyonu , short Human Rights Commission) was established within the Grand National Assembly of Turkey . President Turgut Özal had already proposed the formation of this commission in his inaugural address on November 9, 1989. This body began its work on March 1, 1991.

Not only the governing parties are represented in the committee, but all parties represented in parliament are represented in proportion to their share of the parliamentary seats. The Commission drew a great deal of attention with its extensive investigations into police stations and detention centers, where it found numerous indications of the systematic use of torture. These torture tools were used by Commission chairman Dr. Sema Tutar Pişkinsüt, who belonged to the left-wing nationalist DSP , then presented to parliament. A total of ten reports of torture at police stations and in prisons were published under the chairmanship of Pişkinsüt. She was released in 2001, her parliamentary immunity was lifted and she was charged with obstructing law enforcement agencies for refusing to disclose the names of the detainees interviewed by the Commission to the authorities.

Depending on its composition, the commission has repeatedly dealt with sensitive issues and has also published critical reports. She met resistance and was hindered several times. Some of the more sensitive issues included: B. the investigation into mass graves and the murder of Hrant Dink .

In the 24th legislative period from June 12, 2011 to July 4, 2012, the commission held 12 meetings. 76 meetings were held in the sub-committees. During this period, the sub-committees may have a. Reports published on the following topics:

• Reports on Ankara Women's Prison , Gaziantep Military Prison , Gaziantep E and H-Type Prison, Konya E-Type Prison , Sincan Children's Prison , Cyprus Military Prison, Osmaniye C and T-Type Prison
• Report on the tent city of refugees from Syria
• Report on the neo-Nazi series of murders in Germany between 2000 and 2006

In the first half of 2012, the Commission was involved in a subcommittee on the investigation of violations of the right to life related to terrorism and incidents of violence. There were also sub-committees on the subjects of “Violence against women and family members”, “Prisons”, “Refugees in Turkey” and “Deaths on the border with Iraq (near Uludere)”. On October 10, 2012 the report of a subcommittee on the situation of refugees in Turkey was adopted. A subcommittee on the incidents in Uludere met on June 13, 2012 .

On April 9, 1997, a High Council for the Coordination of Human Rights was created. The Minister of State for Human Rights chaired the meeting and, in addition to the Prime Minister, the Ministry of Justice, the Ministry of the Interior and the Ministry of Foreign Affairs were each represented by state secretaries. In December 2000, human rights councils were formed in all 81 provincial capitals and 850 county seatings. The Presidium for Human Rights in the Prime Minister's Office is at the top of the hierarchy of the official human rights organs. The main tasks of the Presidium are to coordinate the official efforts in the area of ​​human rights and to supervise that international agreements are adequately implemented.

The human rights councils in the provinces and counties have the task of creating awareness of human rights at local level and researching human rights violations (in the event of complaints, seeking solutions). In addition to representatives of political parties and professional associations, these councils are primarily made up of civil servants, which led to sharp criticism in the early days. Therefore, the corresponding directive was changed in November 2003. Since then there are no longer any representatives of the police or the gendarmerie. In addition to the governor or district administrator (depending on the level), only one civil servant with a law degree should be represented on the councils. However, the governor or district administrator has the option of deciding which representatives of professional or other interest groups are included in the council.

On December 26, 2001, the Human Rights Council, formed as part of the government, met for the first time. When it was published in the Official Gazette on August 15, 2001, an Advisory Council for Human Rights was set up, in which representatives of the Medical Association, the Chamber of Engineers and Architects (TMMOB), the journalists' association and trade unions should be involved. However, it was not constituted in 2001.

On January 28, 2010, a bill to create a Türkiye İnsan Hakları Kurumu (Turkish Office for Human Rights) was introduced in parliament. It should be autonomous according to the principles of Paris. Law number 6332 came into force on June 30, 2012 when it was published in the Official Gazette. According to the law, this institute has an 11-member human rights council as its decision-making body. The members are elected for a period of 4 years by the President (2), the Council of Ministers (7), the University Council (1) and the Bar Association (1).

Even before the law was passed, there was criticism from human rights activists from various associations. In a joint press release they drew attention to the fact that this renewed attempt to set up such an institute was not in accordance with the Paris principles and contrary to the recommendations of the UN and the principles for accession to the EU. Since it is often the state that violates human rights, it cannot monitor compliance with human rights (its own misconduct). All social forces in civil society should be involved in the process of creating such an institution. All initiatives since 2004 have always been prepared in camera.

Web links

• There is a deeply un-European legal culture in Turkey. (Interview with Hrant Dink , published posthumously in 2007, the year he was murdered)
• Turkey: Defend Human Rights Defenders
• Amnesty International: Turkey Coordination Group
• Homepage of the Turkish Human Rights Foundation in English
• Ratification of International Human Rights Treaties - Turkey
• To ban the DTP

References and comments

Commons : Human rights in Turkey  - Collection of pictures, videos and audio files

1. ↑ Rights abuses in Turkey have increased under state of emergency: NGOs. Accessed December 10, 2017 . 
2. ↑ Turkey | Country report | Freedom in the World | 2018. Retrieved January 17, 2018 . 
3. ↑ The constitution with the changes made by January 1, 2012 was translated by Christian Rumpf (PDF file; 658 kB).
4. ↑ See u. a. the Annual Report 2012 by Amnesty International and there on provisions in unfair trials.
5. ↑ On this page of the UN there is an overview of the agreements relating to human rights
6. ↑ The information is taken from this page at the UNHCR ; As of December 2012.
7. ↑ The information comes from a page of the Council of Europe as of November 2012.
8. ↑ The information is contained in Resolution 985 (1992), which the Center for Human Rights at Bilgi University as a Word file ( Memento of the original from August 18, 2011 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (DOC file; 56 kB); Accessed December 8, 2012. 
9. ↑ With Act No. 4771 of August 3, 2002, RG No. 24841 of August 9, 2002 ( online ( memento of the original of February 25, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note. ) The death penalty was implemented in peacetime and with Law No. 5218 of July 14, 2004, RG No. 25529 of July 21, 2004 ( online ( Memento des original from 25. February 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this note. ) Completely eliminated.  
10. ↑ Compare a page on violation of the right to life between 1980 and 1990 1980–1990 arası Türkiye'de yaşam hakkı ihlalleri ; Accessed December 8, 2012.
11. ↑ Compare the page Violations of the Right to Life between 1980 and 1990 (Turkish); Accessed December 10, 2012.
12. ^ The report Turkey: Extra-judicial Executions (AI Index: EUR 44/45/90) can be read in a private wiki; Accessed December 8, 2012.
13. ↑ Source: Annual report for 2001, edition: March 10, 2003, Ankara, ISBN 975-7217-38-7 , p. 49 (Turkish)
14. ↑ ^{a b} The entire report is available as a PDF file ( memento of the original from October 2, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed September 10, 2009. 
15. ↑ The overview is available as a PDF file (Turkish); Accessed September 10, 2009.
16. ↑ The report can be found on this page of the UN in English . The Democratic Turkey Forum (DTF) has made a summarizing German translation under the title UN Report on Extrajudicial, Conciliation and Arbitrary Executions ; Accessed December 10, 2012.
17. ↑ See a report by Amnesty International : The Entrenched Culture of Impunity Must End Index Number: EUR 44/008/2007, published July 5, 2007.
18. ↑ The press release is in Turkish , accessed on September 11, 2009.
19. ↑ ^{a b} See the daily newspaper Radikal of October 24, 2008
20. ↑ See a message in the daily newspaper Zaman on February 13, 2010 Komisyonun 15 yıl önce hazırladığı faili meçhuller raporu arşivde kaldı  ( 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. ; Accessed December 10, 2012.  
21. ↑ Compare the daily newspaper Radikal of December 5, 2012 'Faili Meçhul Araştırma Komisyonu' için yeşil ışık ; Accessed December 10, 2012.
22. ↑ The HRW Report Backgrounder: What is Turkey's Hizbullah? was issued in 2000; Accessed September 12, 2009.
23. ↑ Quoted from the report The Kurds of Turkey: Killings, Disappearances and Torture (PDF file; 341 kB), March 1993, accessed September 12, 2009.
24. ↑ ^{a b} Quoted from the annual report of the TIHV 2001, Ankara 2003, ISBN 975-7217-38-7 , p. 68.
25. ↑ The numbers are taken from the overview in a PDF file (Turkish); Accessed September 12, 2009.
26. ↑ Draft Resolution (Doc. 10679) of September 19, 2005 on Enforced Disappearances ( Memento of the original of May 17, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. prepared by the Legal Affairs and Human Rights Committee for the General Assembly of the Council of Europe; Accessed September 13, 2009. 
27. ↑ Complete text of the report of the UN working group ; Accessed September 13, 2009.
28. ↑ See the daily newspaper Radikal of December 6, 2008 (Turkish); Accessed September 13, 2009.
29. ↑ The English report The Right to Life and Enforced Disappearance Details in English; Accessed September 13, 2009.
30. ↑ See the 1999 annual report of the Foundation for Human Rights in Turkey ( memento of the original from July 24, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (TIHV in English, p. 338); Accessed September 15, 2009. 
31. ↑ See an article in Radikal from December 31, 2002 (Turkish); Accessed September 16, 2009.
32. ↑ See the report by Amnesty International Turkey: Listen to the Saturday Mothers ; Index Number: EUR 44/017/1998 of: November 1, 1998; Accessed September 15, 2009.
33. ↑ According to a report in Bianet of May 18, 2004 and France24 of March 16, 2009 ( Memento of the original of December 15, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed on September 15, 2009. 
34. ↑ See the December 2010 monthly report of the Turkish Democratic Forum , DTF; Accessed December 19, 2012.
35. ↑ See the account of the daughter of one who disappeared in Bianet of December 10, 2012 ; Accessed December 10, 2012.
36. ↑ Saturday Mothers mark 700th protest sitting for disappeared in Turkey . In: Morning Star . August 18, 2018 ( morningstaronline.co.uk [accessed August 22, 2018]).
37. ↑ Taner Akçam: Siyasi Kültürümüzde Zulüm ve İşkence (Oppression and Torture in Our Political Culture), İletişim Publishing House, April 1992, ISBN 975-470-249-7 .
38. ↑ TİHV, İşkence Atlası'nı Yayınladı (Torture Atlas published), article from April 24, 2008; Accessed October 24, 2009.
39. ↑ In Custody | Police Torture and Abductions in Turkey . In: Human Rights Watch . October 12, 2017 ( hrw.org [accessed December 10, 2017]).
40. ↑ See a hearing before the Bundestag on May 11 and 12, 1993: Human rights in German domestic and foreign policy ; Accessed December 31, 2012.
41. ↑ See an article from 2002 İşkence azaldı mı? (Has torture decreased?); Accessed December 31, 2012.
42. ↑ ^{a b c d e} The information is taken from the supplement to the Amnesty International newsletter of September 1987. The 4-page report (in English) can be read in the form of pictures under Illustrated Reports of Amnesty International . The relevant page is also an image ; Accessed December 15, 2012.
43. ↑ The AI ​​report "File on Torture" contains a pictorial representation of it.
44. ↑ ^{a b} The AI ​​report "Turkey: Deaths in Custody" was published with the January 1989 newsletter. The report is available in the form of scanned images .
45. ↑ The articles in the daily newspapers Cumhuriyet and Milliyet are also on the side Illustrated reports of Amnesty International to find
46. ↑ 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 on September 17, 2009; there is also the list of possible deaths from torture ; accessed on 17 September, 2009.
47. ↑ The TIHV report: File of Torture: Deaths in Detention Places or Prisons (September 12, 1980 to September 12, 1995). Ankara 1996, ISBN 975-7217-09-3 is available in both Turkish and English.
48. ↑ Text and the lists can be found under Deaths in Custody ; Accessed September 17, 2009.
49. ↑ ^{a b c d} Christian Rumpf prepared a German translation of the constitution (PDF file; 658 kB) and made it available for download on his homepage; Accessed December 19, 2012.
50. ↑ Hasan Doğancı: İşkencenin Tarihi ( Memento of the original from October 31, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (History of Torture, undated); Accessed October 23, 2009. 
51. ↑ 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.
52. ↑ The deadlines are shown on the İşkence azaldı mı? (Has torture decreased?) Declared.
53. ↑ See Art. 10 ATG. The wording of the Terörle Mücadele Kanunu ( memento of the original from June 29, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (ATG) can be found on the website of the Ministry of Justice; Accessed December 19, 2012. 
54. ↑ Public statement on Turkey (1992); Accessed October 25, 2009.
55. ↑ Public Statement on Turkey (1996); Accessed October 25, 2009.
56. ↑ See the special report of the Democratic Turkey Forum report of the CPT of September 2006; Accessed December 23, 2012.
57. ↑ See the report on a visit in December 2005 ; Accessed December 20, 2012 and May 2007 visit report
58. ↑ The Turkey Regular Report 2004 is available as a PDF file; Accessed December 20, 2012.
59. ↑ The Annual Report 2012 of Human Rights Watch access is available only in English, on 21 December 2012 found.
60. ↑ Elke Dangeleit: Turkey: Are human rights violations the order of the day? Accessed December 10, 2017 (German). 
61. ↑ Constitutional text in German ( Memento of the original from September 22, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
62. ↑ ^{a b c d e f g h} The 2012 Progress Report on Turkey can be downloaded as a PDF file; Accessed December 22, 2012.
63. ↑ Protestan Kiliseler Derneği - Report on Human Rights Violations of 2011 ( Memento of the original from June 30, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. 
64. ↑ ^{a b} The German translation ( Memento of the original from June 30, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. created the Institute for Islamic Issues on September 28, 2012; Accessed December 22, 2012. 
65. ↑ ^{a b} The complete report in English can be read on the website of the US State Department; Accessed December 22, 2012.
66. ↑ European Court of Human Rights: Turkey convicted of discrimination against Alevis . In: The time . April 26, 2016, ISSN  0044-2070 ( zeit.de [accessed December 10, 2017]).
67. ↑ ^{a b} The background is explained in English under Background to the Legal System ; Accessed December 31, 2012.
68. ↑ See a report published on November 1, 2010 by Human Rights Watch (HRW) Protesting as a Terrorist Offense . The report is available as a PDF file. The Turkish Democratic Forum has translated parts of it into German under Demonstrators being turned into terrorists ; Accessed December 22, 2012.
69. ↑ The Turkish Democratic Forum has prepared an overview under freedom of expression ; Accessed December 22, 2012.
70. ↑ ^{a b c} See a comment on a decision by the VG Ansbach , and here the paragraph on freedom of expression ; Accessed December 31, 2012.
71. ↑ As an example, an Amnesty International campaign against this regulation from March 2006 can serve. The Law on the Denigration of Turkishness ; Accessed December 22, 2012.
72. ↑ Progress Report on Turkey 2010 (PDF file; 557 kB), reference on August 27, 2011.
73. ↑ See the monthly reports of the Turkish Democratic Forum (DTF) for March 2011 and August 2011
74. ↑ Quoted from the translation of the DTF
75. ↑ The passages from the report that refer to Turkey can be read in English at the DTF .
76. ↑ The entire AI annual report 2011 on Turkey is available in German; Accessed December 22, 2012.
77. ↑ Quotations from these reports can be found in English on the DTF website ; Accessed December 22, 2012.
78. ↑ The 2007 annual report of Amnesty International published in May 2007, the global HRW report (PDF, 5.35 MB) is from January 2008; the EU progress report appeared in October 2007 and the US State Department published the report on developments in 2007 in March 2008
79. ↑ Quoted from the translation of the DTF ; Accessed December 22, 2012.
80. ↑ The 2012 annual report was published in May 2012.
81. ↑ The 2012 report on Turkey is part of HRW's global report.
82. ↑ ^{a b c d e} The report on Turkey was published under Country Reports on Human Rights Practices for 2011 ; Accessed December 22, 2012.
83. ↑ Turkey tightens Internet controls ( Memento from February 8, 2014 in the Internet Archive ). On: Tagesschau.de , February 6, 2014.
84. ↑ Ankara is tightening its Internet controls . In: Deutsche Welle , February 6, 2014.
85. ↑ Harassed journalists in Turkey: Until you can only hear what Erdogan wants to hear Spiegel.de, accessed on December 15, 2014
86. ^ Raids in Turkey: EU condemns arrest of journalists Spiegel.de, accessed on December 15, 2014
87. ↑ ^{a b c d e f} Connection e. V. reprinted an article by WRI (War Resisters International) entitled Turkey: Human Rights and the Military, dated December 21, 2001; Accessed December 22, 2012.
88. ↑ See a press release from Connection e. V. from January 2006; Accessed December 22, 2012.
89. ^ English report by WRO
90. ↑ See an interview with Mehmet Tarhan at the DTF; Accessed December 22, 2012.
91. ↑ See the DTF report for March 2012 ; Accessed December 22, 2012.
92. ↑ The report Restricting Laws, Pressure on Human Rights Defenders ( Memento of the original from April 11, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. is available in German from the German section of Amnesty International; Accessed December 23, 2012. 
93. ↑ See the translation by the DTF IHD: Annual report 2009 on the situation of human rights in Turkey from December 31, 2009; Accessed December 23, 2012.
94. ↑ Quoted from the DTF's July 2010 monthly report; Accessed December 23, 2012.
95. ↑ The 2011 annual report (PDF file; 1.37 MB) can be downloaded in Turkish from the DTF website; Accessed December 23, 2012.
96. ↑ 1991 Annual Report of the Foundation for Human Rights in Turkey TIHV, Ankara January 1992 (Turkish, p. 62)
97. ↑ 1992 annual report of the Foundation for Human Rights in Turkey TIHV, Ankara January 1993 (Turkish, p. 21)
98. ↑ HRFT: Annual Report 1993, Ankara June 1994, (English) p. 41.
99. ↑ Press release by a delegation from Bochum ( memento of the original from July 19, 2011 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed October 12, 2009. 
100. ↑ HRFT, Annual Report 1993, Ankara June 1994, (English) p. 114.
101. ↑ HRFT: Annual Report 1995, Ankara February 1997, ISBN 975-7217-13-1 (English) p. 193.
102. ↑ See the weekly report 14/2006 of the DTF ; Accessed December 23, 2012.
103. ↑ Article in Samanyolu of March 16, 2008 , Turkish; Accessed October 12, 2009.
104. ^ Yeni Özgür Politika of March 17, 2008 ; Accessed October 12, 2009.
105. ↑ In October 2009 there was a direct link to the documents in Turkish on the TESAV website .
106. ↑ See the special report of the DTF judgment of the constitutional court on the ban application against Hak-Par ; Accessed December 23, 2012.
107. ↑ See an article in the Süddeutsche Zeitung on May 17, 2010 Turkey: AKP ban averted ; Accessed December 23, 2012.
108. ^ ^{A b} Turkey: Party Case Shows Need for Reform - Ruling Party Narrowly Escapes Court Ban , Human Rights Watch , July 31, 2008; Accessed December 23, 2012.
109. ↑ See also an article by Christian Moe Refah Partisi (The Welfare Party) and Others v. Turkey in: The International Journal of Not-for-Profit Law, Volume 6, Issue 1, September 2003; Accessed December 23, 2012.
110. ↑ The decision , which is written in English, can be read on the website of the ECHR; Accessed December 23, 2012.
111. ↑ The decision , which is written in English, can be read on the website of the ECHR; Accessed December 23, 2012.
112. ↑ Comparative statistics 1999–2010 (PDF; 221 kB); Accessed December 23, 2012.
113. ↑ ^{a b} The report by Amnesty International Women fight against domestic violence ( memento of the original from October 2, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. was released on June 2, 2004; Accessed December 23, 2012. 
114. ↑ The law with the number 6284 was passed on March 8, 2012 and published in the Official Journal on March 20, 2012. It can be found in the official journal in Turkish ; Accessed December 23, 2012.
115. ↑ See an English article on the [1] pages of the Commission; Accessed December 23, 2012.
116. ↑ The English text of the decision can be found on the website of the ECHR; Accessed December 23, 2012.
117. ↑ ^{a b c d} Amnesty International's report on Equal LGBT Rights Claimed in Turkey was published on June 21, 2011. The German translation was presented in three parts by the Turkey Kogroup; Accessed December 27, 2012.
118. ↑ See the monthly report April 2012, Clinical observation of homosexuals liable to military service from the Turkish Democratic Forum and also a special report from 2004 Homosexuals are unfit ; Accessed December 23, 2012.
119. ↑ ^{a b} The report in English can be found at this address from HRW ; accessed on March 31, 2011.
120. ^ From the report of a commission from Kaos GL of October 27, 2007, which the DTF has translated into English with the title Hate Killings ; accessed on March 31, 2001.
121. ↑ The series can be found in English under the heading "Hate Crimes in Turkey" ; accessed on March 31, 2011.
122. ↑ See the UN page on the Status of the Convention on the Rights of Persons with Disabilities ; Accessed December 23, 2012. The General Directorate for Disabled and Senior Citizens, which is part of the Ministry of Family and Social Policy, gives the date of ratification December 3, 2008 to Law 5825 ( Memento des original of September 10, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
123. ↑ The text is available in the Turkish language on the website of the General Directorate for Disabled and Senior Citizens. Law 5378 ( Memento of the original of February 20, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed December 23, 2012. 
124. ↑ See the corresponding entry in the English Wikipedia under disabled citizens
125. ↑ The corresponding report "CPT (93) 49" does not seem to be public, i. H. there was no reference on the Internet.
126. ↑ ^{a b c} The report on the visit between July 5 and 17, 1997 also covers other areas
127. ↑ The report is available in the Turkish language and in the English language ; Accessed December 27, 2012.
128. ↑ ^{a b} a German translation of the guideline is available; Accessed December 27, 2012.
129. ↑ See a message from October 6, 2012 Nefret suçları konusunda düzenleme yapılacak in the Mynet portal; Accessed December 28, 2012.
130. ↑ See a report in the daily Sabah from November 6, 2012 Nefret Suçları Yasa Taslağı hazırlandı ; Accessed December 28, 2012.
131. ↑ The entire 2011 Annual Report of the OSCE Hate Crimes in the OSCE Region (PDF file; 2.50 MB) is available in English.
132. ↑ The reports can be found under Possible hate crimes in 2007 , Possible hate crimes in 2008 and Possible hate crimes in 2009 ; Accessed December 28, 2012.
133. ↑ ^{a b c} See a report from Bianet from October 23, 2012 Nefret, Düşmanlık ve Savaş Söylemi Üzerinden Yayılıyor and / or a press release from the Hrant Dink Foundation , or the complete text ( memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (in Turkish; PDF file; 9.75 MB); Accessed December 28, 2012. 
134. ↑ The project is presented on the site in Turkish and in English ; Accessed December 28, 2012.
135. ↑ ^{a b c d} See the article on Human Rights Movement in Turkey from 1999; Accessed December 29, 2012.
136. ↑ ^{a b c d} Dissertation by Oliver Ernst at the University of Münster Human rights and democracy in German-Turkish relations (PDF file; 2.14 MB) from 2002; Accessed December 29, 2012.
137. ↑ Emine Ülker Tarhan: I don't want to be a government puppet. Frankfurter Allgemeine Zeitung, April 11, 2011. Accessed March 5, 2015
138. ↑ Amnesty International Austria: Turkey: Absurd allegations against Amnesty director. Retrieved December 10, 2017 . 
139. ↑ Compare an interview of the chairman Yilmaz Ensaroglu with Amnesty International in the ai-journal from September 1996 Islamic human rights activists ( memento of the original from March 13, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed December 29, 2012. 
140. ↑ ^{a b} See an article İNSAN HAKLARI SAVUNUCULARI ÜZERİNDEKİ BASKILAR ARTIYOR ( Memento of the original from December 2, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. dated July 15, 2004; Accessed December 29, 2012. 
141. ↑ ^{a b} See a report by Amnesty International from February 12, 2004 February 12, 2004 Restricting laws, pressure on human rights defenders ( Memento of the original from April 11, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. ; Accessed December 29, 2012. 
142. ↑ Based on a special edition on the anniversary of the IHD (PDF; 1.4 MB); Accessed December 29, 2012.
143. ↑ ^{a b} This information was provided in the YuksekovaHaber portal on the 24th anniversary of the founding of the IHD ; Accessed December 29, 2012.
144. ↑ From the self-presentation of the German support committee (the Democratic Turkey Forum, DTF)
145. ↑ ^{a b c d e} The information is from the work Türkiye'de Devlet Eliyle Oluşturulmuş İnsan Hakları Kurumsal Yapısı Üzerine Eleştirel Bir İnceleme  ( 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. (A critical examination of the institutional structure of the institutions for human rights established by the state in Turkey; PDF; 2.5 MB), published in volume 1, number 2 of the journal of the Kafkas University, authors: Dr. Nazan ARSLANEL, Dr. Haydar EFE and Berkan HAMDEMİR; Accessed December 28, 2012.  
146. ↑ ^{a b c} The information was taken from the Turkish text About Us: History ( Memento of the original from June 21, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. removed; Accessed December 28, 2012. 
147. ↑ See the section on murders of unknown perpetrators
148. ↑ See the weekly report 52/2004 of the DTF; Accessed December 29, 2012.
149. ↑ See the weekly report 30/2008 of the DTF; Accessed December 29, 2012.
150. ↑ ^{a b c} The President of Parliament provided this information in the activity report for the 24th legislative period (PDF file; 5.28 MB); Accessed December 29, 2012.
151. ↑ See the page Yaşam hakkı ihlalleri ile ilgili TBMM komisyonu (Commission on the Right to Life); Accessed December 31, 2012.
152. ↑ The message belongs to the reports from the committees , on the side of the TBMM; Accessed December 29, 2012.
153. ↑ The message belongs to the reports from the committees, on the side of the TBMM ; Accessed December 29, 2012.
154. ↑ ^{a b} See the 2001 annual report of the Foundation for Human Rights in Turkey. It can be downloaded from the DTF website in both English (PDF file; 1.82 MB) and Turkish (PDF file; 1.49 MB).
155. ↑ The text (in Turkish) is available on the pages of the Official Journal ; Accessed December 28, 2012.
156. ↑ ^{a b c} The press release on the Institute for Human Rights is u. a. to be found on the pages of the Common Platform for Human Rights ; Accessed December 28, 2012.