The new Turkey
Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

20-mar-20

More from the report:

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings b. Disappearance c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Prison and Detention Center Conditions d. Arbitrary Arrest or Detention Arrest Procedures and Treatment of Detainees e. Denial of Fair Public Trial Trial Procedures Political Prisoners and Detainees Politically Motivated Reprisal Against Individuals Located Outside the Country Civil Judicial Procedures and Remedies Property Restitution f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence g. Abuses in Internal Conflict

Section 2. Respect for Civil Liberties a. Freedom of Expression, Including for the Press Internet Freedom Academic Freedom and Cultural Events b. Freedoms of Peaceful Assembly and Association Freedom of Peaceful Assembly Freedom of Association c. Freedom of Religion: See the Department of State’s International Religious Freedom Report at https://www.state.gov/ religiousfreedomreport d. Freedom of Movement e. Internally Displaced Persons f. Protection of Refugees g. Stateless Persons

Section 3. Freedom to Participate in the Political Process

Section 4. Corruption and Lack of Transparency in Government

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons Women Children Anti-Semitism Trafficking in Persons: See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking- in-persons-report Persons with Disabilities National/Racial/Ethnic Minorities Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity HIV and AIDS Social Stigma Other Societal Violence or Discrimination

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining b. Prohibition of Forced or Compulsory Labor c. Prohibition of Child Labor and Minimum Age for Employment d. Discrimination with Respect to Employment and Occupation e. Acceptable Conditions of Work

A limited number of domestic and international human rights groups operated throughout the country, although many faced continued pressure from the government during the year. Some had difficulty registering as legal entities with the Ministry of Interior. Others faced government obstruction and restrictive laws regarding their operations. Human rights groups reported the government was sometimes unresponsive to their requests for meetings and did not include their input in policy formation.

Human rights organizations and monitors as well as lawyers and doctors involved in documenting human rights abuses occasionally faced detention, prosecution, intimidation, and harassment, and their organizations faced closure orders for their activities. For example, in May a court sentenced 11 members of the executive board of the Turkish Medical Doctors Union to between 20 months' and three years' imprisonment for alleged terror propaganda for their 2018 public statement that "war is a public health issue" during the country's Operation Olive Branch intervention in Syria. Human rights organizations reported that official human rights mechanisms did not function consistently and failed to address grave violations.

Human rights groups reported continued and intense government pressure. In one case, Osman Kavala, a prominent philanthropist and civil society leader jailed since 2017, remained in prison on charges of "attempting to overthrow the government" for involvement during the 2013 Gezi Park protests. The government also prosecuted on similar charges 15 others loosely associated with Kavala, including human rights activists and academics. Local and international human rights groups criticized the detentions and trials as politically motivated and lacking evidentiary justification.

The HRA reported that as of June its members had cumulatively faced more than 5,000 legal cases, mostly related to terror and insult charges since the group's establishment. The HRA also reported that executives of their provincial branches were in prison. The HRFT reported its founders and members were facing 30 separate criminal cases. The harassment, detention, and arrest of many leaders and members of human rights organizations resulted in some organizations closing offices and curtailing activities and some human rights defenders self-censoring.

Some international and Syrian NGOs based in the country and involved in Syria-related programs reported difficulty renewing their official registrations with the government, obtaining program approvals, and obtaining residency permits for their staff. Some noted the government's documentation requirements were unclear.

Government Human Rights Bodies: The government continued to staff its human rights monitoring body, the NHREI. According to August press reports, the NHREI received at least 10 applications regarding prison conditions and the practices of prison authorities. The NHREI did not accept any of the complaints. In response to an application regarding prison overcrowding, the NHREI stated that "due to the increased number of arrestees [related to the state of emergency period] and intensity of the capacity in prisons, such practice shall be accepted as proportionate." Critics complained the institution was ineffective and lacked independence.

The Ombudsman Institution operated under parliament but as an independent complaint mechanism for citizens to request investigations into government practices and actions, particularly concerning human rights problems and personnel issues, although dismissals under the 2016-18 state of emergency decrees did not fall within its purview. According to online data, in 2018 the office received 17,585 applications for assistance, the majority of which dealt with public personnel issues.

The Inquiry Commission on the State of Emergency Measures, established in 2017 to address cases and appeals related to purges and closures during the state of emergency, announced in July that it had reviewed a total of 482,000 case files since its inception. From 2017 to August, the commission rejected 77,600 appeals and accepted approximately 6,700. Critics complained the commission's decisions were opaque, biased, and slow.

The Ministry of Justice's Human Rights Department served as its lead entity on human rights issues, coordinating its work with the ministry's Victims' Rights Department.

Parliament's Human Rights Commission functioned as a national monitoring mechanism. Commission members maintained dialogue with NGOs on human rights issues and conducted some prison visits, although activists claimed the commission's ability to influence government action was limited.

Source: https://www.state.gov/wp-content/uploads/
2020/03/TURKEY-2019-HUMAN-RIGHTS-REPORT.pdf