VII. ARE THE CITIZENS OF KURDISH DESCENT MAIN VICTIMS OF HUMAN RIGHTS VIOLATIONS IN TURKEY?

In the previous chapters it is stated that racist and chauvinistic attitudes do not have social support in Turkey. In this regard, the assertion that Kurds have been systematically and deliberately subject to human rights violations would not reflect the reality. Article 10 of the Turkish constitution stipulates that individuals are equal without any discrimination before the law irrespective of language, race, color, sex, political opinion, philosophical belief, religion or religious sect or any such considerations. According to the same article of the constitution, no privilege shall be granted to any individual, family, group or class. In fact, the cases related to human rights violations should be looked at beyond political considerations. For the application of Article 14 of the European Convention on Human Rights which is quite similar to the Article 10 of Turkish constitution, it is reported that the Convention protects the rights of individuals, not groups as such.32

In the case of Ireland v. United Kingdom (1978) the applicant Government alleged that the United Kingdom applied its Special Powers Act, which was intended to contribute to the fight against terrorist activities, in a discriminatory fashion, focusing its force on the Catholic community, to the exclusion of the Protestant community in Northern Ireland. In spite of statistical evidence supporting this claim, neither the European Commission of Human Rights nor the European Court of Human Rights found a violation of Article 14 given the Government’s margin of appreciation and with the justification that the aim of fighting terrorism was legitimate and the means employed were not disproportionate to the ends to be achieved.33 It should be noted that both the Irish and the United Kingdom Governments agreed that a public emergency existed within the meaning of Article 15 (which provides for derogations from the Convention in certain circumstances).

Due to the violence by Kurdish Workers’ Party (PKK)34 in Eastern and Southeastern parts of Turkey, the state of emergency came out for security reasons. The allegation that to resort to violence is inevitable in Turkey because of the oppressive nature of the regime does not conform to the reality (see CHAPTER V). While almost 40% of Kurds live in Western Turkey, allegations of human rights violations usually point the areas in Eastern and Southeastern Turkey where PKK violence intensifies. Hence, there is a direct connection between the PKK violence and human rights matters. Under Article 15 of the European Convention on Human Rights, "in time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law". The reasons for the occasional unlawful and abusive treatments by security forces in Eastern and Southeastern Turkey might be the lack of training on psychological aspect in relations with the local people during the fight against terrorism and the attitudes by some state employees with ultra-nationalist views. In spite of the brutality and intensity of the PKK terrorism, such approach and abuses never reach a wide-scale level and never become systematic. In accordance with the principles of a democratic state respectful for human rights, during 1994 314 government officials were taken to the courts on charges of torture and mistreatment. 35 of these cases were finalized and 11 offenders were convicted. Other cases were continuing.35

To deal with human rights violations regarding primarily ethnic origin of the victims is in itself contrary to the very concept of human rights. It should not be forgotten that fundamental freedoms and basic rights of Turkish citizens which do not have Kurdish origin might also be violated. However, some non-governmental organizations and European universities offer substantial legal aid for the alleged victims of violations if only they are of the Kurdish ethnic origin.36 Moreover, the most serious violations in other countries, particularly in Bosnia-Herzegovina were usually watched inactively by the countries where many human rights organizations have their centers. Such inaction harmed the reliability of the criticisms on human rights issues by those states and organizations.

Consequently, the view which tells that Kurds in Turkey are subject to human rights violations is not in conformity with the law and cases of human rights. What is right, in this context, is to describe activities of the PKK as terrorism, the PKK activists as terrorists and the PKK itself as a terrorist organization, and to act accordingly. Therefore, giving support to Turkey in order to end the state of emergency caused by the PKK violence, banning the PKK and related organizations which serve as cover-up for the PKK, and entering into a close cooperation with Turkish authorities or non-governmental organizations are needed. One can conclude that with no consideration of those facts criticisms on Turkey over human rights issues are mostly caused by insufficient knowledge, if not intentionally.

32 Council Of Europe, Short Guide to the European Convention on Human Rights (Strasbourg: Publication and Documentation Service, 1991), p. 113.

33 Council Of Europe, Short Guide..., pp. 115-116.

34 The PKK will be introduced in detail in the following chapters.

35 Turkish Democracy Foundation, Human Rights, Democracy, Terrorism in Turkey (Ankara: Turkish Democracy Foundation, 1995), p. 13.

36 London-based Kurdish Human Rights Project and Human Rights Centre at the University of Essex might be worth noting. See Associate Professor Semih Gemalmaz, Avrupa İnsan Hakları Komisyonu Kararları 1 [European Commission of Human Rights Decisions, Volume 1], (İstanbul: İnsan Hakları Derneği Yayınları, 1995); "Application on Burning the Village Was Found Admissible by the European Commission of Human Rights", Demokrasi, 11 February 1997.