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THE STATE of HUMAN RIGHTS in TURKEY (AN UPDATE) Prepared by the Staff of THE

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THE STATE of HUMAN RIGHTS in TURKEY (AN UPDATE) Prepared by the Staff of THE * .:-.~~~~~~ [COMMITTEE PRINT] I 100TH CONGRESS I CSCE I2d Session I HOUSE OF REPRESENTATIVES t ,, Id S __sionHOUSE OF REPRESENTATIVES nnn no THE STATE OF HUMAN RIGHTS IN TURKEY (AN UPDATE) Prepared by the Staff OF THE U.S. COMMISSION ON SECURITY AND COOPERATION IN EUROPE SUBMMED TO THE CONGRESS OF THE UNITED STATES ?-: - -, Af,, - -.i 11 .A. a t %..,.%Z, - e .". JULY 1988 Printed for the use of the Commission on Security and Cooperation in Europe U.S. GOVERNMENT PRINTING OFFICE = WASHINGTON: 1988 L I Fe -ile bs Ih. Superintendent of Documents. Congressional Sales Office U.S Gom-rnment Printing Office. Washington. DC 20402 - ---, - . WM COMMISSION ON SECURITY AND COOPERATION IN EUROPE STENY H. HOYER. Maryland. Chairman DENNIS DeCONCINI. Arizona. Cochairman DANTE B. FASCELL. Florida FRANK LAUTENBERG, New Jersey EDWARD J. MARKEY. Massachusetts TIMOTHY WIRTH. Colorado BILL RICHARDSON. New Mexico WYCHE FOWLER. Georgia EDWARD FEIGHAN. Ohio HARRY REID, Nevada DON RITTER, Pennslvvania ALFONSE M. D'AMATO, New York CHRISTOPHER H. SMITH. New Jersey JOHN HEINZ, Pennsylvania JACK F. KEMP, New York JAMES McCLURE. Idaho JOHN EDWARD PORTER. Illinois MALCOLM WALLOP, Wyoming EXECUTIVE BRANCH HON. RICHARD SCHIFTER, Department of State Vacancy, Department of Defense Vacancy, Department of Commerce Samuel G. Wise. Staff Director Mary Sue Hafner, Deputy Staff Director and General Counsel Jane S. Fisher. Senior Staff Consultant Michael Amitay, Staff Assistant Catherine Cosman, Staff Assistant Orest Deychakiwsky, Staff Assistant John Finerty, Staff Assistant Robert Hand, Staff Assistant Gina M. Harner. Administrative Assistant Judy Ingram, Staff Assistant Jesse L. Jacobs. Staff Assistant Judi Kerns. Office Manager Ronald McNamara, Staff Assistant Michael Ochs. Staff Assistant Spencer Oliver, Consultant Erika B. Schlager, Staff Assistant Thomas Warner, Printing Clerk (11) CONTENTS Page word ............. ,,...,,..,...,..,.,,.......,,.,...,................ Aluction. mary of Findings . and Political Rights . The 1982 Constitution . The Criminal Code.10 . Political Prisoners t10 Torture .. 1 Prison Conditions .I edom of Association. I Trade Unions. Other Associations .21 ........... - 25 edom of the Press 231 edom of Expression ................................................ ed morit Expres sion.. ..................................................... edom ofRR31 ig ion........................................................................................................ .35 led somof.Religion.. .. ....................................................................................................................... iclusion.............................................................................. Les. ,7. FOREWORD Since September 12, 1980, many governments, international bodies and nongovernmental organizations have taken an extreme- ly active interest in the human rights situation in Turkey. That date marked the third time in as many decades that the Turkish military had taken power, this time in the wake of governmental paralysis, political polarization, and an uncontrolled wave of vio- lence and terrorism which even civilian-imposed martial law could not stem.1I Still in power in 1982, the ruling generals had made it clear that power would not be returned to civilian hands until, in their view, the causes of the previous unrest had been eliminated. Political ac- tivities remained restricted, and large numbers of Turkish citizens were in prison awaiting trial on a variety of politically related charges. Allegations of serious human rights abuses were wide- spread. 2 The Commission had been urged by nongovernmental organiza- tions, by Members of Congress, and by parliamentarians in other NATO countries, to investigate the charges of abuse.3 A staff dele- gation visited Turkey from August 22-29, 1982, and its report repre- sented one of the first open expressions of concern about the Turk- ish situation by official representatives of the United States. Since the October 1982 report, the Commission, Members of Con- gress, various international bodies, and a variety of private organi- zations have followed events there with great interest. In the past six Years, certain sanctions have been applied by the international community, and have been rescinded as progress was made in im- proving the human rights situation. In light of its ongoing interest in Turkey, and the concern which private organizations continue to express, the Commission felt it appropriate to visit Turkey again and to assess the situation once more. The Commission believes that, since the previous staff report, Turkey has made impressive strides toward a full restoration of human rights and the democratic process. The past six years have seen a renewal of the national commitment to achieving democrat- ic ideals for all Turkish citizens and patterns of tolerance have emerged. They are being strengthened by institutional reform, a citizenry largely committed to the democratic process, and by the activities of the press and various private organizations. The Commission also believes that certain human rights prob- lems, which often predate the 1980 military takeover, persist in Turkey. The report describes them and certain measures which are being undertaken in order to deal with them. (v) VI This report by the staff, describing developments since the 19S2 report and assessing the current state of affairs, is a product of the Commission's continuing interest in Turkey's progress toward full democratization. The hard-won national independence of 1923 en- compassed a vision of the future which incorporated a proud histor- ical heritage in a Western framework. The profound changes that followed required great national will and commitment. It is the Commission's hope that the momentum of Turkish human rights improvements will be sustained. Turkey is a geographical and cul- tural bridge between Europe and the Middle East, and the Turkish experience may serve as a lesson for both worlds. 2 organiza- The Commission had been urged by nongovernmental Congress, and by parliamentarians in other tions, by Members of serious abuses countries, to investigate the allegations that NATO in Turkey.7 A staff delegation vis- of human rights were occurring reported its from August 22-29, 1982, and subsequently ited there and public bodies have findings. Since then, private organizations in Turkey closely as various sanctions were watched developments with improvements in imposed by international organizations and, rights climate in Turkey, were lifted. the human various steps taken to return In the course of 1982-83, there were in- of political power to civilian hands. These increasing degrees the establishment a referendum on a new constitution and cluded with the National Security Coun- of a civilian-led government, but as an important role. General Evren was affirmed cil maintaining resigned his military President under the civilian constitution and a civilian became Prime Minister. duties, and Assembly of the Council of By April 1985, the Parliamentary toward re- determined that progress had been made Europe had rights since the readmis- storing democracy and respect for human to the Assembly in May 1984.8 However, sion of Turkish delegates remained very the Rapporteur of the Political Affairs Committee courts and in prisons, and was particu- critical of practices in the following about the period of custody immediately larly concerned and families was pro- detention, during which contact with lawyers hibited. France, the Netherlands, Denmark, Sweden In December 1985, they had lodged and Norway agreed to withdraw a complaint Human Rights Commission in 1982, which before the European the European Con- charged Turkey with failing to comply with had 9 In return, the Turkish Government vention on Human Rights. human quarterly reports on the progress of promised to- issue of the Commission on rights in the country, to permit members investigations in Turkey, to consider an Human Rights to conduct months. The and to lift martial law entirely within 18 amnesty, accelerate legislation se- Turkish Government further pledged to curing the release of all political prisoners. of the fact that various governmen- In April 1986, in recognition fulfilled, in the sphere of human rights had been tal pledges floating vice-presidency Turkey was offered her regular term in the of Europe. That meant Turkey would automatically of the Council beginning in November accede to the presidency for six months 1986, as in fact occurred. European Parliament voted to renew infor- In January 1987, the had frozen a with the Turkish Parliament. Its Council mal links and voted as late as Octo- protocol providing aid to Turkey in 1980, official contacts with the parliament. Thus, ber 1985 not to renew organizations have by and large, Western states and international with the Republic of Turkey, signalling restored normal relations of Turkish human official satisfaction with the pace and substance rights advances. of thought, expression, assembly and as- In the areas of freedom since the Com- sociation, there have been significant improvements Turkey. With each passing year the Gov- mission last reported on political discus- ernment has acquiesced to increasingly outspoken 3 IS and vigorous activity by Turkish citizens. In that way, the ge of individual liberties is being increasingly broadened, and ,es within Turkey are undertaking ever greater responsibility demanding progress and change. i November 1987, free national elections
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