*********************
iNSAN HAKLARI DERNEGi
HUMAN RIGHTS ASSOCIATION
Tunalyhilmi Cad. 104/4 Kavaklydere-Ankara
Tel-Fax: (312) 432 09 57-58- 425 95 47
e-mail:posta@mail.ihd.org.tr
http://www.ihd.org.tr
15 March 1999
STATEMENT OF THE HUMAN RIGHTS ASSOCIATION
ON THE KURDISH REFUGEES TO BE DEPORTED FROM GERMANY
The Human Rights Association (HRA) considers the right to asylum as
a part of human rights. HRA is bound to the universal standards with respect
to the right to asylum. This indicates that the HRA acts, takes a stand
and decision independently from the policies of governments (the governments
of the Turkish Republic and of other governments). In other words, the
HRA does not act according to the policies of the governments of Turkish
Republic or to other governments policies; HRA does not act according to
the military, politic, national and commercial interests of any country.
HRA carries on its activities in accordance with the requirements for the
protection of human rights in Turkey and in the world and considers all
human rights as indispensable values.
HRA is not in cooperation neither with the German nor the Turkish governments
by any means concerning the deportation of Kurdish refugees (in Germany)
to Turkey. HRA has rejected all applications for being in cooperation with
the governments, since 1994. The reasons for rejecting such demands have
been stated many times by Akyn Birdal (President of the HRA) and Hüsnü
Öndül (Secretary General of the HRA); and German authorities
from different provinces in Germany have been informed on that, in 1994,
1995 and 1996. HRA’s approach has not changed since then.
HRA regards the deportation of the Kurdish refugees as to be in contradiction
with the Geneva Convention Related to the Status of Refugees dated 1951.
The reason set behind this objection is that Turkey’s constitutional and
legal structure and its practices in terms of the enjoyment of the rights
and freedoms.
HRA thinks that there are crucial problems in Turkey in terms of the
implementation of the European Convention on Human Rights: article 2 (regulates
the right to life), article 3 (regulates the right to avoid torture or
inhuman or degrading treatment), article 5 (regulates the right to liberty
and security of person, article 6 (regulates the right to a fair trial).
It is known that there are also problems in terms of the implementation
of article 9 and 10 of the Convention which regulate the freedom of thought,
conscience and the freedom of expression. The HRA, in principal, objects
to deportation of any person to the countries where such problems exist.
Such practices mean that the countries, who take the decision to deport
a person under such circumstances, violate the Convention.
HRA issues torture cases and other forms of ill-treatment in its monthly
reports and considers these cases as administrative practices. While torture
cases are documented in its reports, the HRA can not state its confidence
to the governments’ statements addressing that „no one will be subject
to torture“. In this context, the HRA can not give any assurance to those
who are deported that they will not be subject to torture or degrading
treatment. The Turkish legal structure and its practices have restricted
the right to have access a lawyer and the right to receive legal aid for
persons who are detained. These rights are completely ignored for those
who are detained for political reasons. HRA can not take a risk of
making mistakes which might result in suffering for the people in question
because under these circumstances this is a very high possibility. In the
case of Kurdish refugees to be deported to Turkey, HRA does not have any
opportunity to accompany the interrogation process by any means. However,
when the HRA should be informed about a deportation case(though not through
the Turkish or German authorities), then HRA requests the assistance from
its members who are lawyers. These lawyers who work as volunteers, will
then go to the airport and explain to the authorities why they are there.
If the authorities, however, respond that nobody under that name (the name
of the deported person) is there or known to them, then the lawyers cannot
do anything.
In 1996, 19 February, Secretary General of the HRA, Hüsnü
Öndül, went to the Ankara Esenbo_a Airport, upon the information
he received about a deported person. Authorities told him that there is
nobody in the plane who had been deported. A camera man from a German TV
channel, had the opportunity to film this conversation. The top police
officer who was at the airport said to the HRA’s Secretary General „God
will not forgive those who defame Turkey. I will also not forgive them.
The person you look for is not in the plane and has not come here“ The
German camera man and a journalist of Turkish origin who had been working
for that TV channel for the last 25 years heard the officer’s words. But
the day after, it was understood that the authorities had lied to the HRA’s
Secretary General because the person, who had been deported, was kept one
day at the police station at the airport where he was harassed and ill-treated.
The deportee, later, informed the HRA on the treatment he was subjected
to during this period.
In case a deported person is detained for a crime, which described
within the context of the State Security Courts, he/she allegedly committed,
even if the HRA has reliable evidence of the person’s arrival in Turkey,
the deportee cannot have access to any lawyer and receive legal aid. HRA
can not offer such persons any legal aid. HRA can not prevent any torture
and ill-treatment practises used against deportees. Such claims are
totally absurd remarks. Those who presume this, can only be persons who
are very ignorant and do not have any knowledge about torture practices.
For the last 45 years, since The European Convention on Human Rights
was put into force in Turkey by issuing it in the government’s „Official
Newspaper“ on 9 March 1954, Turkish governments have not applied the provisions
of the Convention. Turkish governments ignore the enjoyment of the rights
which Turkey is obliged to apply, in accordance with the European Convention.
Therefore we, as the HRA, can not rely on the governments promises in the
field of human rights.
Despite our extra-ordinary efforts and self sacrifice, we cannot say
that we have advanced much in the struggle for the protection of human
rights. We do believe that the struggle for the protection of human rights
will be overcome by the common efforts of human rights activists, both
in Turkey and in the world. But for the present time, we do not expect
that Turkey’s constitutional and legal structure, its repressive and authoritarian
system will be replaced with democratic values. Everybody, including
Kurds, can face human rights problems in Turkey. But there are also
some specific problems for Kurds and for the region where Kurds live.
South-eastern Turkey, where Kurds predominantly live, was under the
rule of martial law from 1978 to 1987 and since then, the region is under
the rule of the State of Emergency Region. A warfare atmosphere have been
experienced and this atmosphere still continues, although sometimes its
intensity is changing. It is also terrifying in terms of its results.
Over 3 million people have been forcibly deported. It has been made intervention
to the peoples habitants and cultural environment. Over 3200 villages and
hamlets have been evacuated. More than 30.000 people have lost their lives
in this warfare. There are 13 laws banning Kurdish language and culture.
The names of the villages, cities, mountains, valleys have been changed.
Kurds have faced extra problems within the above mentioned framework of
the repressive and authoritarian system and also faced problems in terms
of their language, culture and the region in which they are inhabitants.
Instead of looking at the persecution and possible harm done to one individual
of Kurdish origin, we have to look at the Kurdish question regarding all
Kurds in Turkey. The question transcends discussions of individual situations.
The case is to be belong to an ethnic group. The problem is whether
the rights and freedoms of that ethnic group have and can be guaranteed
within the borders of the country.
There has been intensified security measures taken mainly in Diyarbakyr,
after the transfer of Abdullah Öcalan to Turkey. This might be seen
natural. But over 4000 people were detained mostly for the reason that
they have been considered as potential offenders. Those who went to HADEP
offices and those who are the members and/or the executives of democratic
mass organisations were arbitrarily detained. They were held in custody
for 10 days. Racist and chauvinistic news were appeared in the media. These
practices still continue. Human rights organisations are accused and under
extreme pressure and become, again, the target for smear campaigns. There
is not a new package for the strengthening human rights and democratisation,
brought into force following the transfer of Öcalan. Turkey is going
to hold local and general elections; none of the big parties have a reliable
program on human rights and democratisation. Therefore, we do not
expect concrete improvements in terms of rights and freedoms neither for
Kurds nor the rest of people living in Turkey. The fact that torture is
a widespread practice in Turkey have not only been documented by the Human
Rights Association and the Human Rights Foundation of Turkey, but also
by the UN Committee Against Torture and European Committee for the Prevention
of Torture. Therefore, to deport a person to such country means to act
in contradiction with the European Convention on Human Rights, article
3 (the right to avoid torture and other forms of degrading treatment).
This not only violates the legal norms. Let us remember the ideals of a
prominent German philosopher, Emmanuel Kant, ideals, who developed the
basis for human rights and ethical values. We are all world citizens under
one sky. Our common ethical values should show us the way.
It should be reiterated that the right to asylum is a human right.
Those who are seeking for asylum with the political reasons can not be
deported. Without any improvement in the field of human rights and democratisation
standards in country where they come from, the deportation of refugees,
including those who seek for asylum based on race, religion, ethnic identity,
is in contradiction with the human rights law. And those who endanger the
lives of political refugees by deporting them should be held accountable
for any harm resulting from this decision.
Hüsnü Öndül
Secretary General