However, the emphasis in the 2021 Progress Report stands out as ‘Turkey has not taken the expected steps in the areas of human rights, democratic institutions, rule of law and foreign policy’.

The highlights of the report under various headings are:

• There are serious problems in the functioning of democratic institutions in Turkey: the decline in democracy and structural deficiencies in the Presidential system continue. Turkey did not follow the recommendations made by the Council of Europe. Parliament continued to lack the necessary tools to oversee the government.
• Civil society faced constant pressure. The field of activity of civil society continued to narrow with the restriction of freedom of expression and association. The law on the non-proliferation of weapons of mass destruction raises concerns about the possibility of restrictions on the activities of human rights defenders and civil society.
• The excessive use of Presidential decrees and enactments in the presidential system weakened the functions of the Assembly. The lack of balance and control mechanisms necessary to prevent excessive concentration of power in a single office and to ensure the independence of the judiciary continued. The presidential system negatively affected the activities of the government and public administration, led to the politicization of the public administration.
• The decline in the field of basic human rights continued. Most of the regulations introduced during the state of emergency remained in practice. Turkey’s non-implementation of the ECHR judgments on Demirtaş and Kavala has increased concerns about the adherence of the judiciary to international principles in Turkey. Restrictions on critics, such as writers, journalists, academics, and human rights defenders, resulted in the curtailment of freedoms and self-censorship.
• Freedom of expression and assembly continued to decline. Turkey’s withdrawal from the Istanbul Convention, sexual violence, discrimination, and hate speech against minorities and LGBTI+s continues to be a source of serious concern.
• It is estimated that nearly 60 journalists are in prison in Turkey. Threats and physical attacks continued on journalists for doing their jobs.
• Progress has been made in Turkey’s immigration and asylum policy. The positive reflections of the 2016 Turkey-EU agreement were seen. As the largest refugee-hosting country in the world, Turkey continued to make great efforts to meet the needs of more than 3 million people.

‘Turkey Maintains Its Strategic Preference for EU Membership’

Following the publication of the Progress Report, the Ministry of Foreign Affairs made a written statement. In the statement, it was stated with the criticisms in the report that ‘the EU ignored its responsibilities towards Turkey and again exhibited a double-standard approach’.

Accordingly, Turkey does not accept ‘baseless allegations and unfair criticisms’ in the report, especially in the political criteria and the Judiciary and Fundamental Rights chapter. It is reminded that the EU has not removed the political obstacles to chapter 23, Judiciary and Fundamental Rights and chapter 24, Justice, Freedom and Security.

It is stated in the report that although Turkey called for the 18th of March Agreement with the EU on refugees to be updated in all its dimensions, it was not stated in the Progress Report that the EU was indifferent to this, and the report criticizes the agreement’s approach, which only includes the migration dimension and praises Turkey’s actions but does not address the EU’s obligations.

Turkey also reminds the report that the overall level of harmonization with the EU in 20 chapters is good and underlines its determination to continue harmonization with the EU acquis despite political obstacles.

In conclusion, ‘Turkey maintains its strategic preference towards EU membership in the strongest way possible.’ In the statement of the Ministry of Foreign Affairs called, it is said that the EU should ‘see Turkey as a negotiating candidate country and fulfill its requirements in line with the principle of pact fidelity’.

You can reach the Turkey 2021 Progress Report here.

The post ‘The Decline of Democracy and Human Rights Continues’ appeared first on Sivil Sayfalar.

Istanbul 30th High Criminal Court had previously acquitted nine defendants including Osman Kavala and removed seven defendants from the file; however, this ruling was later overturned by Istanbul Regional Court’s 3. Criminal Chamber, acting as the court of appeal. Upon this decision, the case has resumed. 

Osman Kavala attended the hearing via the Audio and Video Information System (SEGBİS) from the Silivri Closed Prison where he is held. The other defendants Mücella Yapıcı, Tayfun Kahraman, Can Atalay, and numerous lawyers attended the hearing. 

Owing to the pandemic, only a limited number of journalists and spectators were allowed into the courtroom, and the hearing began with the reading out loud of the court of appeal’s decision to overturn the previous ruling. 

The first defendant to take the floor was Mücella Yapıcı, Secretary of the Environmental Impact Assessment Advisory Board at the Istanbul Chamber of Architects, who reminded the court that she had already been acquitted in two previous trials concerning the Gezi Park protests and requested another acquittal. 

Afterwards, lawyer Can Atalay took the floor and reminded the president of the court his words “I have to comply with the court of appeal’s decision” pronounced at the beginning of the hearing. Atalay indicated, “You do have to comply with the said decision, but owing to the principle of freedom after the reversal decision, you should once again reach a verdict of acquittal.” 

Atalay reminded the court of the Court of Cassation 16. Criminal Chamber’s decision to overturn the acquittal of 35 members of the football fan group Beşiktaş Çarşı, charged with attempting to overthrow the government during the Gezi Park protests. Atalay said, “As such, the Court of Cassation is trying to fit everything under the sky into a single case”. 

Tayfun Kahraman from the group Gezi Solidarity stated in his defense that claims in the file did not have any sound legal basis. 

It was then the turn of Osman Kavala, who stated that the court of appeal had overturned the previous ruling so as to consolidate different cases. Kavala said, “Without any concrete evidence, it is alleged that I and the other defendants here set up a secret organization to overthrow the government. If this case is combined with the case against the Çarşı group, it will be all too evident that these charges are politically motivated. The Court of Cassation overturned the previous ruling to consolidate these different cases. The consolidation of the cases will be an attempt to revive a scenario, forged eight years ago to influence the public opinion, which had lost all credibility with the acquittal verdicts issued by district courts.” 

“The charges change continuously, yet the different judges and courts continue my imprisonment, much like athletes passing the flag in relay races,” said Kavala.

Referring to the play “The Crucible” penned by Arthur Miller during the McCarthy era, Kavala remarked, “The prosecutor who has drafted the indictment knows all too well and even admits that there is no evidence for the charge of espionage, which has been apparently forged to bypass the verdict by ECtHR. 

Following Kavala’s words, the panel of judges adjourned the hearing before announcing their interim decision. After a two-hour break, the panel of judges announced an interim decision, ruling for the continued imprisonment of Osman Kavala. The said decision was reached by a majority of votes. President of the Court Sercan Karagöz opposed the said decision, attaching an annotation favorable to Kavala’s release.

The panel of judges will also examine the case file concerning 35 members of Beşiktaş Çarşı group, whose acquittal was overturned by the Court of Cassation’s 16. Criminal Chamber after six years. 

The next hearing will be held on August 6, 2021. 

About the Case 

The court of appeal overturned İstanbul 30. High Criminal Court’s verdict in the Gezi Park Case, requesting a retrial. 

Turkish President and AKP Chairman Recep Tayyip Erdoğan targeted the judges who reached a verdict of acquittal in the Gezi Case, at a group meeting held right after the announcement of the verdict. In reference to Osman Kavala, Erdoğan said, “That person who tried to stage a provocation in the Gezi Park is behind bars, and some tried to acquit him with a sleight of hand.”

Right after Erdoğan’s speech, the Council of Judges and Prosecutors initiated an investigation against the three judges of the Istanbul 30. High Criminal Court.

The prosecutor’s office also filed an objection to the court’s acquittal verdict. In his objection, public prosecutor Edip Şahiner requested that the court reverse the acquittal decision.

On January 22, 2021, Istanbul Regional Court of Justice’s 3. Criminal Chamber (acting as the court of appeal) duly overturned the acquittal verdict by Istanbul 30. High Criminal Court.

Reiterating the charges leveled against the defendants in the indictment, the court of appeal explained its decision with the argument that evidence such as the defendants’ social media posts, press releases and slogans chanted during protests were not duly discussed in the justification section of the verdict.

Who is Standing Trial?

The current defendants are Osman Kavala, Mücella Yapıcı, Can Atalay, Tayfun Kahraman, Ali Hakan Altınay, Yiğit Aksakoğlu, Yiğit Ali Ekmekçi, Çiğdem Mater Utku and Mine Özerden, who had previously been acquitted, as well as Can Dündar, Mehmet Ali Alabora, Ayşe Pınar Alabora, Gökçe Tüylüoğlu, Handan Meltem Arıkan, Hanzade Hikmet Germiyanoğlu and İnanç Ekmekçi, who are now abroad, and whose files were initially separated but later reunited with the case. 

Although Osman Kavala was acquitted during the case, he has been kept in Silivri Prison for 1298 days. Yiğit Aksakoğlu was also imprisoned for 220 days in this period.

The post Gezi Protests Case Back to Square One: Kavala Likens His Imprisonment to a “Flag Race” appeared first on Sivil Sayfalar.

For the sake of their own survival, politicians generate and sustain a political crisis, which in turn triggers a social crisis with severe economic and moral impact on the entire society, as well as a human rights crisis dealing heavy blows to civil society actors.

Judging by the current state of Turkish politics and civil society, one can say that the month of March truly lived up to its reputation this year. The month began with a warm breeze as the government heralded a new reform package, leaving us wondering, ‘Is the spring really about to arrive?’ Yet soon these soft winds ceded their place to political thunder clouds and storms, as the civil society found itself caught between spring and winter, and the country was rocked by turbulence true to this month’s reputation. 

Let us remind ourselves of what happened, although it might be quite difficult to forget for those who experienced it: The Court of Cassation upheld the prison sentence of 2 years, 6 months for the Peoples’ Democratic Party (HDP) MP Ömer Faruk Gergerlioğlu -representing Kocaeli province- who had been waging the most ardent struggle for human rights at the parliament. The district court had handed down this sentence to Gergerlioğlu for retweeting a news story. Some of the phrases and images used in the said news story were presented by the prosecutor as “propaganda for a terror organization”, and the MP was handed down a prison verdict. An analysis of the posts which had previously brought about Gergerlioğlu’s dismissal from his post as a physician at a public hospital and these more recent posts which resulted in the aforementioned sentence clearly shows that Gergerlioğlu stands against violence, and for peace. However, the prosecutor’s office and the court did not hesitate to level the accusation of terror propaganda against Gergerlioğlu, who used to be the president of a human rights organization belonging to the same broad political tradition with AKP, in a striking example of how judiciary institutions have steered far, far away from normality, in their attempt to assume the correct political position. 

In early March, Gergerlioğlu filed a Constitutional Court challenge to the verdict. Due to his qualities mentioned above and the fact that he indiscriminately stood against all human rights violations as an MP, Gergerlioğlu enjoys ample support from different sectors of society. As such, the verdict against him created a huge public uproar. Whatever their opinion concerning Gergerlioğlu’s rights advocacy work might be, all those who can make an impartial assessment about him agree that the judicial proceedings against him were unfair. Most importantly, although the Constitution stipulates that judicial proceedings against an MP ought to be postponed, that was not what happened in Gergerlioğlu’s case.

The prison sentence against Gergerlioğlu, after being upheld by The Court of Cassation, was sent to the Turkish parliament on March 13. All calls made to the speaker of the parliament by civil society actors, political parties and the society at large fell on deaf ears, as the verdict against Gergerlioğlu was read out at the parliament on March 17 and he was officially stripped of his seat. To many observers, the scene was reminiscent of the Kurdish parliamentarians stripped of their MP status in March 1994, and of Merve Kavakçı who was expelled from the parliament as other MPs shouted, “Get Out! Get Out!”. 

As such, although March began with promises of a Human Rights Action Plan, a severe winter storm had gathered already by the middle of the month. Hours after Gergerlioğlu was stripped of his parliamentary seat, the Chief Public Prosecutor for the Court of Cassation, Bekir Şahin announced that he filed a case with the Constitutional Court to ban HDP. The indictment, apparently drafted with haste, requested a political ban for 687 HDP politicians including some who had passed away, as well as the confiscation of the party’s assets.

In the wake of these developments, in the morning of March 19, the police detained Öztürk Türkdoğan, Co-Chair of the Human Rights Association (İHD) -one of Turkey’s most prominent and active human rights organizations. Türkdoğan was also a member of the so-called wise persons group during the Peace Process that lasted between 2013 and 15.

Crisis leading to more crisis

Armed clashes erupting in the Kurdish provinces in the summer of 2015 had resulted in a steep increase in human rights violations. The coup attempt of the summer of 2016 and the state of emergency declared in its aftermath expanded this human rights crisis across the country. Turkey has been going through a severe human rights crisis ever since. This crisis is at times worsened by new legislation restricting civil society’s leeway and creating a very precarious situation for civil society actors and seems to be alleviated at other times with various human rights reform packages – right before taking a turn for the worse owing to developments such as those summarized above. 

This crisis engulfing civil society in fact reflects the crisis of politics. The political crisis began with the Gezi Park protests, worsened with the failure of the Peace Process, and laid deep roots in the wake of the coup attempt and the ensuing state of emergency. After each modest step suggesting a return to the normal, the political crisis in fact became more and more entrenched. For the sake of their own survival, politicians generate and sustain this political crisis, which, in turn, triggers a social crisis with severe economic and moral impact on the entire society, as well as a human rights crisis dealing heavy blows to civil society actors. That is, although the government wants spring for itself in March, it seems unwilling to let others leave the dead of winter. Its inability to improve the economic situation creates immense pressure on the government, which in turn prompts it to further dominate and restrict the field of civil society. 

It seems that large swathes of the society, as well as many civil society actors, consider that the only exit from this crisis is to make sure that the opposition bloc participates in the elections without losing its “unity and cohesion”. However, the current weakness of civil society actors is not only a result of developments involving the government and civil society, since the opposition’s failure to provide strong support to civil society actors has had an undeniable effect as well. The opposition is reluctant to push back the restrictions imposed by the government as regards the Kurdish question, seems to lack a broad and long-term political perspective, and encroaches upon the field of civil society instead of increasing the latter’s freedom of maneuver; all of which give us a clear idea about the risks that the forces of social opposition and civil society may face if they were to let their guard down. 

To conclude, the phrase “March many weathers” has turned out to be very accurate this year. However, when no light is visible at the end of the tunnel, civil society actors must have the ambition and resolve to themselves embody that light at the end of the tunnel. As such, it would be fitting to end this article with a verse from Âşık Daimi’s famous folk ballad: Come what may, the end of winter ushers in the spring!

The post Crisis in Politics, Crisis in Civil Society  appeared first on Sivil Sayfalar.

One thousand people including writers, artists, lawyers, scientists, NGO representatives and politicians gathered for a press conference in İstanbul to call for peace and democracy.

“We are side by side, we stand together! We are against the single-party state neutralizing the Parliament. We live all together in this country and we do not want to be discriminated as Kurdish or Turkish. We do not want to be discriminated according to our ideologies, sexes, religious beliefs. We are highly concerned about the hateful language spreading among our society, safety of our lives, ethical corruption and social indifference,” they said in their statement.

Source

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14^th Conference on Human Rights Movement in Turkey was held in İzmir on November 24^th. Final declaration of the Conference laid the emphasis on mutual effort and solidarity to protect human rights, the most important achievement of the human history.

 14^thConference on Human Rights Movement in Turkey was held by Human Rights Foundation of Turkey, Human Rights Association. The Conference aims to gather human rights activists across the country to discuss the notion of human rights and movement and make decisions regarding the future. Some of the highlights of the Conference’s final declaration are as follows:

*It is necessary to make more gatherings and thematic meetings to stand together against the closure of rights associations due to state of emergency.

*It is necessary to organize judicial, economical and psycho-social support meetings for detained and/or arrested right activists. It is also important to provide supervision, secondary trauma and gender equality trainings for every activist.

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