HRJP Human Rights Joint Platform
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The fundamental issue is that the problems should be resolved using democratic and peaceful methods in a democratic country that has accepted rule of law. In the case that the use of armed forces will be unavoidable, the actions should be within the framework of law and the applications should be transparent in such way that the supervision of the actions by the press and non-governmental organizations but particularly by the judicial organs will not be prevented.
As known by everybody, the operations carried out at eastern and south-eastern part of the country and the security measures that will be taken are entirely free of supervision and out of sight. Neither the press nor the non-governmental organizations have any chance to monitor the events in the region. Furthermore, the conditions in the region are not conducive to an effective and impartial work by the courts, which is essential for the protection of the personal rights and freedoms as well as the law in the region.
Taking into consideration that the access of the courts to and the protection of the evidence can only be accomplished by the security units in the region, it is not surprising that the expected results will not be achieved from the investigations and trials involving these security forces. Indeed, the European Court of Human Rights has handed down numerous decisions of conviction for Turkey as a result of the lack of effective investigation and application ways in the region. The fact that no concrete results have been achieved from the investigations that have been conducted and the suits that have been filed regarding the illegal organizations and dirty relations that have been unveiled as a result of the traffic accident at Susurluk in 1996 after 10 years is a clear sign that effective investigation cannot be conducted in such cases. The events that have occurred on 10th November 2005 in Şemdinli clearly show that the illegal activities and organization within the units of the state could not be prevented in spite of all statements to the contrary. The fact that the identity of the person that has been apprehended and delivered to the security forces with the efforts of the people is yet to be disclosed and the fact that the other 2 persons responsible for the same act have been set free and have not yet been apprehended renders the situation even more grave. The fact that one person was deliberately killed as the people have tried to show their reaction in an unarmed democratic demonstration to the weakness and slowness in apprehending and investigating the perpetrators and the fact that shots were fired to prevent the inspection at site by the prosecutor clearly shows and substantiates that the law has been completely set aside in the region and that the principle of the state of law does not function. A committee established by the representatives of Çağdaş Hukukçular Derneği (Association of Contemporary Jurists), İnsan-Der (Human Association), Hakkari Esnaf ve Sanatkarlar Odası (Hakkari Chamber of Tradesmen and Artisans), Hakkari Memur-Sen (Hakkari Civil Servant Union), KESK Hakkari Şubeler Platformu (KESK Hakkari Branch Platform), Hakkari Övder and led by IHD (Human Rights Association) and MAZLUMDER (ORGANIZATION OF HUMAN RIGHTS AND SOLIDARITY FOR OPPRESSED PEOPLE ) that are the members of the İHOP (Human Rights Joint Platform) has carried out an investigation immediately after the incident was made public and drawn up a report. The information reflected to the public has been fully corroborated in this report. You will see that the committee was not able to talk to the authorities in spite of all efforts when you examine this report that will be distributed to you. However, the report is important since it is based on the statements of the eye witnesses and the investigation conducted at site.
The promise made by the Prime Minister after the incident that the incident will be effectively investigated and that the responsible persons will be definitely punished regardless of the name and status of the persons is a positive sign and it gives us hope. However, 1) Taking into consideration the features of the incident and the outcome of the previous similar incidents, it is evident that this promise is not sufficient. First of all, the Governor, district administrator and similar high ranking administrators in Hakkari and Şemdinli as well as the civilian and military personnel responsible for the security in the region must be immediately dismissed to enable an effective and correct investigation. Otherwise, it will not be possible to have access to the evidence and the prevention of the covering the evidence will not be possible. 2) The investigation must be conducted by a “Committee of Prosecutors” established by a few prosecutors. A security team that does not work in the region and is experienced in investigation issues must be assigned to help the prosecutors. 3) The team responsible for the investigation must have the chance to conduct the investigation anywhere including the military sites and to question anybody including the military personnel. It must be prevented that the requests of investigation must be made to persons that could be a suspect or could be accused in the future. 4) The public must be periodically informed on the stages of the investigation except for the situation, in which secrecy is absolutely necessary, and the public must be sure that an effective, independent and impartial investigation will be conducted. 5) Executive and administrative mechanisms must be established beside the legal investigation and the extensions of the illegal structures and their influence on the state units must be subject to an investigation in depth. An investigation committee must be established in connection with this issue in the parliament. Taking into consideration that an investigation conducted by 2 inspectors with respect to the administrative aspect will not be sufficient to unveil the incident with all aspects, an inquiry commission with extraordinary authority established by highest ranking authorized personnel of the related ministries must be founded. An effective administrative investigation must also be conducted by the military. The public must be periodically informed on the work of the committees. The work to be carried out by the Human Rights Organizations and other non-governmental organizations in the region must be facilitated at each level and the reports to be drawn up and the suggestions to be made by these organizations must be taken seriously and assessed. The Prime Minister or a Deputy Prime Minister assigned by the Prime Minister must go to the region and assure the people that an effective investigation will be conducted. Statements must be made that the emotions and reactions of the people will be taken into consideration. 8) Force should not be used in any way in case of the demonstrations by the people as a result of the incidents that have occurred in Şemdinli and response with chemical gas and weapons, which is habitual in the region, and application of force should be definitely avoided in all cases. We hope and expect that these suggestions and requests, the number of which could be increased, will be taken into consideration by the Parliament and the Government. We as 5 organizations that establish İHOP (Human Rights Joint Platform) state that we will pursue this incident and that a committee established by the presidents of all institutions will examine the developments in the region at site in near future. Furthermore, we have requested an appointment from the Minister of Foreign Affairs and Deputy Prime Minister Abdullah Gül since he is the “Minister Responsible for Human Rights”. We hope that this request will be accepted in a very short period and that we will have the chance to inform the Deputy Prime Minister personally on our views. Last of all, we would like to address the people of the region. The people must express their emotions and reactions in a reasonable manner and by making use of democratic methods and must definitely avoid violence. Provocations, regardless of from whom or from what, must be prevented and avoided. Our duty is to carefully pursue and monitor the process from now on. We will express our sensitivities and reactions throughout the country and in a reasonable manner and we will make sure that another cover-up action will not be possible.
