Turkey: Terrorism Laws Used to Jail Kurdish Protesters

01/11/2010 00:00:00
(Istanbul) - Human Rights Watch unequivocally condemns the October 31, 2010 suicide bomb attack in Istanbul. It is essential that Turkey s response targets the perpetrators, not legitimate dissenters, Human Rights Watch said. A Human Rights Watch report released today documents the use of anti-terror laws to prosecute hundreds of Kurdish demonstrators as though they were armed militants, violating free expression, association, and assembly.

The 75-page report, "Protesting as a Terrorist Offense: The Arbitrary Use of Terrorism Laws to Prosecute and Incarcerate Demonstrators in Turkey," is based on a review of 50 cases. It describes 26 cases of individuals prosecuted for terrorism even though they had nothing to do with violence such as the October 31 attack, but simply for taking part in protests deemed by the government to be sympathetic to the outlawed armed Kurdistan Workers Party (PKK). Hundreds of Kurdish demonstrators are currently in prison pending the outcome of their trials or appeals against convictions. Others are serving long sentences that have been upheld by Turkey s top court of appeal.

"When it comes to the Kurdish question, the courts in Turkey are all too quick to label political opposition as terrorism," said Emma Sinclair-Webb, Turkey researcher at Human Rights Watch and author of the report. "When you close off the space for free speech and association, it has the counterproductive effect of making armed opposition more attractive."

Over the past three years, courts have relied on broadly drafted terrorism laws introduced as provisions of the 2005 Turkish Penal Code, plus case law, to prosecute demonstrators. The courts have ruled that merely being present at a demonstration that the PKK encouraged people to attend amounts to acting under PKK orders. Demonstrators have been punished severely for acts of terrorism even if their offense was making a victory sign, clapping, shouting a PKK slogan, throwing a stone, or burning a tire.

The report calls on the Turkish authorities to amend the laws that have resulted in the arbitrary and punitive application of terrorism charges against demonstrators, to suspend ongoing prosecutions against demonstrators under these laws, and to review the cases of those already convicted.

Following domestic and international criticism over the prosecution on terrorism charges of children who attended Kurdish demonstrations, parliament amended the laws in July to quash such convictions and prevent the prosecution of children in courts that specialize in terrorism cases.

But the laws otherwise remain unchanged, including article 220/6 of the Turkish Penal Code, prohibiting offenses committed on behalf of the PKK, which is used to prosecute demonstrators in conjunction with article 314/2, criminalizing armed membership in the organization.

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