Highlighting Limits on Freedom of Expression in Turkey on World Press Freedom Day, 2013

Amnesty International has just issued its annual report for 2013 and the section on Turkey is, once again, grim reading.  It included ten major issues of concern

1. Some of the worst abuses remain in the area of freedom of expression:

Little progress was made in addressing the restrictions on freedom of expression in the media and more widely in civil society. Criminal prosecutions frequently targeted non-violent dissenting opinions, particularly on controversial political issues and criticism of public officials and institutions. Dissenting opinions related to issues of Kurdish rights and politics were foremost of those subjected to criminal prosecution.

The other nine issues raised in the report were as follows:

2. Torture and ill-treatment:

Allegations of torture and other ill-treatment in official places of detention persisted. In June, the Parliament passed legislation to create an Ombudsman’s Office and a separate national human rights institution. The national human rights institution lacked guarantees of independence. At the end of the year, it was unclear how or whether it would fulfil the obligations of the Optional Protocol to the UN Convention against Torture in providing independent monitoring of places of detention. Other independent mechanisms promised by the government, such as a police complaints procedure, were not established.

3. Excessive Use of Force: “There were frequent allegations of excessive use of force by police during demonstrations, including beatings, throughout the year. Three deaths at demonstrations, allegedly as a result of excessive use of force, were reported.”

4. Impunity: “Investigations and prosecutions of public officials for alleged human rights violations remained flawed with little prospect of those responsible being brought to justice. Convicted officials frequently received suspended sentences and remained in post.”

5. Unfair Trials:

Unfair trials persisted, particularly in respect of prosecutions under anti-terrorism legislation before Special Heavy Penal Courts. Extended pre-trial detention during protracted trials remained a problem notwithstanding legal changes introduced in July seeking to limit its use. Secret witness statements that could not be challenged were used in court and convictions continued to be issued in cases which lacked reliable and substantive evidence. Thousands of such cases brought under anti-terrorism laws related to alleged attendance at demonstrations.

6. Abuses by Armed Groups: “Bomb attacks by unknown individuals or groups continued to kill civilians. The PKK kidnapped civilians in violation of the principles of international humanitarian law.”

7. Conscientious Objectors: “No reforms were introduced to recognize the right of conscientious objection or to prevent the repeated criminal prosecution of conscientious objectors for their refusal to perform military service. People publicly supporting the right to conscientious objection faced criminal prosecution.”

8. Refugees and Asylum-Seekers:

The government failed to adopt promised legislation protecting the rights of refugees and asylum-seekers in Turkey. Problems remained regarding the implementation of existing regulations, in particular with regard to allowing asylum applications from places of detention, resulting in the return of individuals to places where they may be at risk of persecution.

9. Rights of lesbian, gay, bisexual, transgender and intersex people

The government rejected civil society calls to include sexual orientation and gender identity as prohibited discrimination grounds in the new Constitution. No progress was made in adopting comprehensive non-discrimination legislation. LGBTI rights groups continued to report suspected hate murders motivated by the victim’s sexual orientation or gender identity, including the murders of five transgender women.

10. Violence Against Women and Girls:

In March, Turkey ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence, and passed a law which strengthened protections and allowed for the direct application of the Convention. At the end of the year there were only 103 shelters for survivors of domestic violence, far below the number required by law.

In May, the Prime Minister announced forthcoming legislation on abortion which, if passed, would further restrict access to needed health care for women and girls and contravene their human rights.