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Contempt for Freedom: State Use of Tear Gas As a Weapon and Attacks on Medical Personnel in Turkey

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Contempt for Freedom: State Use of Tear Gas As a Weapon and Attacks on Medical Personnel in Turkey Executive Contempt for Freedom: Summary State Use of Tear Gas as a September 2013 Weapon and Attacks on Medical Personnel in Turkey Protesters hold up their hands as they gather in Taksim Square before clashing with Turkish riot police in Istanbul on June 22, 2013. Photo: BULENT KILIC/AFP/Getty Images About Physicians for Human Rights Physicians for Human Rights (PHR) uses medicine and science to document and call attention to mass atrocities and severe human rights violations. PHR was founded in 1986 on the idea that health professionals, with their specialized skills, ethical duties, and credible voices, are uniquely positioned to stop human rights violations. PHR’s investigations and expertise are used to advocate for persecuted health workers, to prevent torture, to document mass atrocities, and to hold those who violate human rights accountable. PHR has worked in more than 40 countries, including Afghanistan, Bahrain, Burma, the Democratic Republic of the Congo, Iran, Iraq, Kenya, Libya, Sudan, Syria, and the United States. In 1996, PHR documented the widespread and systematic use of torture in Turkey and the complicity of physicians in this practice. In 1999, PHR led the international effort to develop United Nations Guidelines on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, known as the Istanbul Protocol. physiciansforhumanrights.org Contempt for Freedom: Executive Summary 32 Executive Summary n response to peaceful protests that protesters, attacks on medical personnel, • Police and other law enforcement began in May 2013, the Turkish and other violations of medical neutrality.2 officials attacked clearly identifiable, government used unnecessary The findings of the PHR investigation independent medical personnel and and excessive force1 and attacked corroborate the reports of human rights medical facilities with tear gas, water independent medical personnel who violations documented by the Turkish cannons, and rubber bullets. Police beat courageously provided care to the Medical Association (TMA), the Human and detained dozens of physicians and Iinjured in accordance with international Rights Foundation of Turkey (HRFT), the other medical personnel for providing medical ethical standards and Turkish law. Human Rights Association, the Istanbul emergency medical care to those Progressive Lawyers Association, the injured during the demonstrations. Demonstrators initially assembled Contemporary Lawyers Association, and to protest against a government- the Turkish Bar Association, as follows: • The Ministry of Health (MOH) not supported plan to raze Gezi Park, a only failed to provide adequate section of Taksim Square in Istanbul. • The police systematically used tear medical care to the injured – as it does The violent government response to the gas as a weapon on hundreds of in earthquakes and other medical peaceful protests ignited widespread thousands of demonstrators, firing tear emergencies – but it also requested demonstrations throughout Turkey, gas canisters and capsules directly at that medical personnel report the which transformed into broader protests protesters at close range, in confined names of both injured protesters and against Prime Minister Recep Tayyip spaces, and in other areas with no those medical personnel providing care Erdoğan’s autocratic governing style and outlet for escape. Some 130,000 to the wounded. his departure from Turkey’s longstanding canisters were reportedly used against policy of secularism. protesters.3 • In the absence of adequate emergency services by the MOH, thousands of Turkey is obligated under international • The police fired rubber bullets and independent physicians and other law to respect the right to peaceful live ammunition directly at protesters medical personnel provided essential assembly, freedom of expression, the at close range, reportedly used water emergency care as individuals and right to health, and freedom from torture cannons spiked with chemical agents through the organization of the TMA. and other cruel, inhuman, and degrading (likely tear gas), and beat and detained treatment or punishment. In violation of hundreds of protesters. • The MOH submitted a health bill in these obligations, the Turkish government July 2013 that remains on the agenda used unnecessary and excessive force1 • As of July 2, 2013, the TMA had in the Turkish parliament. If passed, against protesters and treated protesters collected medical information on the bill would criminalize the provision and medical first responders as criminals, more than 8,000 injuries due to tear of “unlicensed” or “unauthorized” which served to escalate the scale of gas, rubber bullets, water cannons, emergency medical care not only to the protests and ultimately led to violent beatings, and live ammunition. There demonstrators, but also to anyone in police actions. As a North Atlantic were at least five civilian deaths caused need of emergency medical assistance Treaty Organization (NATO) partner and by unnecessary and/or excessive use in Turkey. This legislation would be candidate for European Union accession, of force and other demonstration- in direct conflict with Articles 97 and Turkey must be expected to uphold the related injuries. In all, 61 protesters 98 of the Turkish penal code, which highest human rights standards. were severely injured, including 11 make it a crime for medical personnel people who lost their eyes. As of July to neglect their duty of providing Physicians for Human Rights (PHR) 10, 2013, the HRFT had conducted emergency care to those in need.5 conducted a one-week investigation in approximately 200 medical evaluations Istanbul and Ankara from June 25 to July of injured protesters in accordance 2, 2013. During this investigation, PHR with the Istanbul Protocol standards.4 interviewed more than 50 victims and According to the HRFT, the physical and others who witnessed violence against psychological evidence in each case was reported to be consistent with torture and/or ill treatment. physiciansforhumanrights.org Contempt for Freedom: Executive Summary 3 Policy Recommendations urkey remains obligated • Prohibit all forms of violence against • Immediately release and cease further to uphold all human rights peaceful protesters and respect United detention of those who were simply treaties they have ratified and Nations standards for the use of force, exercising their right to peaceful to respect the fundamental which must always be based on the protest. rights of its citizens. PHR calls principles of necessity, proportionality on the government of Turkey, (minimum level of force), legality, and • Require that the parliament and the Tthe international community, and the U.S. accountability.6 Ministry of Justice obtain and publicly government to implement the following report a comprehensive summary of all recommendations without delay. • Ensure comprehensive training on the protest-related injuries documented by proper use of force and adherence to the Forensic Medicine Department. To Prime Minister Erdoğan and the international law for all current and Turkish Government future members of law enforcement. • Prohibit all attacks on medical personnel who provide emergency • End policies of contempt and • Ensure accountability mechanisms assistance to injured protesters. Hold all criminalization of basic rights and for all those responsible for excessive perpetrators of violence against medical freedoms, including peaceful assembly use of force and other human rights personnel and/or facilities accountable and freedom of speech. violations. according to fair and transparent legal procedures. • Immediately end all use of tear gas in • Require that riot police display Turkey – as it has been systematically identifying numbers for command and • Repeal the recent MOH circular used as a weapon on a massive scale control and accountability purposes. requesting that medical personnel with devastating health consequences – After Turkey has fully addressed report the names of injured protesters until such time as the government the issues related to the improper and medical providers to authorities. has implemented full investigations of use of tear gas (as outlined above), misuse, held perpetrators accountable, the government must ensure that removed perpetrators from the security riot police warn protesters before forces, and trained all security officers any use of force in accordance with on the proper use of riot control international best practices7 and then materials. record any use of tear gas and/or other riot control materials. Riot police fire tear gas bombs to disperse protesters at Harbiye near Taksim Square in Istanbul on June 16, 2013. Photo: OZAN KOSE/ AFP/Getty Images physiciansforhumanrights.org Contempt for Freedom: Executive Summary 4 Policy Recommendations continued • Respect Articles 97 and 98 of the To the International Community To the U.S. Government Turkish penal code, which make it a crime for medical personnel to • End exports of tear gas to Turkey • Suspend export licensing of tear gas to neglect their duty of providing until the government of Turkey has Turkey until the government of Turkey emergency medical care to those conducted full investigations of misuse, has conducted full investigations of in need, and immediately suspend held perpetrators accountable, removed misuse, held perpetrators accountable, recently proposed legislation that perpetrators from the security forces,
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