Lawyers In Exile

WEEKLY HUMAN RIGHTS VIOLATIONS IN TURKEY, 20-26 NOVEMBER 2020

1- VIOLATION OF THE RIGHT TO LIFE)

Ümit Gökhasan passed away from cancer in prison 

Ümit Gökhasan was a former police officer dismissed by a statutory decree(KHK). Ümit Gökhasan, who was tried within the scope of the operations against the Hizmet movement, was released at the last phase of his illness after being detained in Afyon Prison for 4 years. Gökhasan, who has 4th level stomach cancer, had been treated in the hospital since the day he was released. Gökhasan’s death announced by his wife Şükran Gökhasan on social media account.

2nd-year Student at Air Force Academy, Yusuf KURT Died of Cancer

Yusuf Kurt, who was taken to the Bosphorus Bridge while he was a second-year student of the Air Force Academy on the night of July 15, was sentenced to life imprisonment by the 24th High Criminal Court. Kurt was not arrested due to his health condition. But osteoid cancer relapsed with the punishment. He died at the age of 25 in the hospital where he was treated in Eskişehir on 20.11.2020.

2-VIOLATION OF WOMEN’S RIGHTS

25 November 2020; Police Intervention Against Women In Taksim

On November 25, women gathered in Taksim Square(Istanbul) for the International Day for Elimination of Violence Against Women. They came together at the call of the Ankara Women’s Platform.

But police did not allow the march by illegally blockading the square. In the video shared by the Women’s Committees on Twitter, it has been seen that the authorities surrounding the women did not allow the march. The police also did not allow the group to make a statement in front of Çankaya Municipality. It also has been reported that some women have fainted during the intervention.

25 November 2020; ‘Women’s Rights Violations Report’ of Human Rights Association(İHD): 3152 Women Were Subjected to Violence in Adana.

Human Rights Association in Adana shared a report of ‘Women’s Rights Violations in 2020’ with a press release.

“According to data obtained from the Ministry of Internal Affairs, as of 20 November 2020, 234 women died in murders within the scope of domestic violence against women.”

“Compared to the first ten months of last year, there is a 37 percent increase in the number of applications and denunciations regarding domestic violence against women. There was an increase of 46 percent in the injunctions taken in the ten months of this year.”

Click for the 2020 Report on Women Rights Violation.

3- VIOLATION OF RIGHTS OF THE CHILD

‘2020 Report on Child Rights Violation’ of Human RightsAssciation(İHD) Adana Branch: 1287 Violations in Just a Year

Click for the 2020 Report on Child Rights Violation.

4- RIGHTS VIOLATIONS IN PRISON

Corona and Ill-treatment in Urfa

There are currently at least 26 prisoners who are Covid-positive in Urfa T Type Closed Prison. Serhat Bulut, who is detained in Urfa T Type Closed Prison, stated in a phone call with his family that he and all his friends in the B3 room were caught in coronavirus. Bulut informed that some of the prisoners have survived the epidemic and that some are still experiencing serious difficulties.

23 November 2020; Books, Written in Kurdish, Were Confiscated in Van Prison

Thirteen female prisoners in Van T Type Prison wrote a letter to Gülistan Kılıç Koçyiğit, deputy of the Peoples’ Democratic Party (HDP), to explain violations of rights which they experienced.

The women stated that the notebooks written in Kurdish were confiscated by prison officers because “there is no Kurdish translator.” The women said that buying books was also prohibited, and the warden, which they reported, told them, “Do not read a book; what will you do by reading a book.”

5- VIOLATION OF THE RIGHT TO A FAIR TRIAL 

Kosovo and Turkey Was Sentenced to Pay

The United Nations ruled on six people abducted in Kosovo. This 6 people, since it is alleged to be members of the Movement, was abducted jointly by Kosovo and Turkey.

According to the decision, Turkey and Kosovo will pay compensation to the kidnapped persons in Kosovo. It was also stated in the decision that people who are currently under arrest should be released immediately.

24 November 2020; 24 November 2020; ECtHR Ruled On Violation Of Rights in Ahmet Şık Case

Journalist and Independent Member of Parliament Ahmet Şık was imprisoned for about 1,5 years on charges of “terrorism” while he was a reporter for Cumhuriyet Newspaper. Şık had applied to the European Court of Human Rights(ECtHR) for this detention.

The Court has ruled that the detention was against the European Convention on Human Rights (ECHR) and sentenced Turkey to pay 16 thousand euros as compensation. The Court has drawn attention to the violation of the right to Liberty And Security(Article 5) and his right to freedom of Expression(Article 10) by pointing out that the articles and news that he published were within the scope of his journalistic activities.

19 November 2020; Judgment From Turkish Constitutional Court on ‘Plastic Handcuffs’ in Prison: Prohibition of Ill-treatment Was Violated

The Turkish Constitutional Court (AYM) decided that Cem Kuru, who was convicted in İzmir, tied his hands and feet with plastic handcuffs in the observation room for two and a half days was a violation of the ill-treatment prohibition. The Court stated that the İzmir Chief Public Prosecutor’s Office should conduct an investigation again.

Cem Kuru’s older sister L.K. informed the İzmir Chief Public Prosecutor’s Office that his brother was tortured in prison and pressed charges against the authorities. Sister L.K. alleged that her brother Kuru was handcuffed in the form of a hogtie for five days until 14 December 2016. He was kept in a cold room with open windows. Furthermore, even while giving food, the officers did not untie their hands, and he was famished. After his sister, Cem Kuru also filed a complaint to the prosecutor’s office, claiming that two prison officers tortured him between 9 and 12 December 2016.

The Constitutional Court unanimously decided that the authorities violated the prohibition of ill-treatment due to the handcuffs on the hands and feet in the period in which officers held Kuru in the observation room. The Court also ordered Cem Kuru to receive 20 thousand Turkish Lira of compensation for immaterial damages.

6- VIOLATION OF THE RIGHT TO LIBERTY AND SECURITY: (Turkish Constitution art.19, ECHR art.5, UDHR art.3) 

Uyghur activist İhsan under custody and under threatened to extradite to China

Uyghur activist İhsan was detained from his home in Istanbul recently. Ihsan took refuge in Turkey to not exposure to a similar treatment in China.

Defense is trying to be silenced in Diyarbakır 

Diyarbakır Provincial Security Directorate carried out operations in four provinces based in Diyarbakır at five o’clock on 20 November 2020. In the operation against the Democratic Society Congress, a detention warrant was issued for 101 people, 24 of whom were lawyers. It was understood that 22 of the detainees were released after being detained for one night. The detention process is still ongoing for the remaining two lawyers. The day after the announcements regarding the judicial reform, this unlawful intervention in the defense caused huge public reaction.

Lawyers in Custody in Bursa After Diyarbakır and Şanlıurfa

One day after the Diyarbakır Bar Association lawyers were detained, our colleague, who is registered with the Şanlıurfa Bar Association, was detained with no attorney guarantees.

In Bursa, detention warrants were issued for the lawyers Cahit Kırkazak, Mehmet Denizbüyük, and İbrahim Fatih Korhan, who are members of the “Lawyers Association for Freedom”. Cahit Kırkazak, lawyer of Selahattin Demirtaş, and former HDP deputy candidate Mehmet Denizbüyük were detained during the operation, their homes and offices were searched. In a video posted on social media, Demirtaş’s lawyer Kırkazak said that Demirtaş was unfairly arrested and this arrest was continued for political reasons. As a matter of fact, the ECHR gave its decision on Demirtaş in this direction. Lawyers were detained for alleged membership of a terrorist organization for such reasons.

Bursa’da ise ‘Özgürlük için Hukukçular Derneği’ üyesi olan Av. Cahit Kırkazak, Av. Mehmet Denizbüyük ve Av. İbrahim Fatih Korhan hakkında gözaltı kararı çıkarıldı. Selahattin Demirtaş’ın avukatı olan Cahit Kırkazak ve HDP eski milletvekili adayı Mehmet Denizbüyük yapılan operasyonda gözaltına alındı, evleri ve ofisleri arandı. Çeşitli internet gazetesi haberlerine göre, sosyal medyada yayınlanan bir videoda Demirtaş’ın avukatı Kırkazak, Demirtaş’ın haksız yere tutuklandığını ve bu tutuklamanın siyasi saiklerle devam ettiğini söylemişti. Nitekim AİHM de Demirtaş hakkındaki kararını bu yönde vermişti. Avukatların örgüt üyesi olmak iddiasıyla gözaltına alındığı bildiriliyor.

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