"Government Should Stop Arbitrary Application of Terror Charges"

"Using the Anti-Terror Law against adult demonstrators is a severe blow against freedom of expression, association and assembly in Turkey" said Emma Sinclair Webb, Turkey Researcher at Human Rights Watch (HRW) and author of the report "Protesting as a Terrorist Offence: The Arbitrary Use of Terrorism Laws to Prosecute and Incarcerate Demonstrators in Turkey".

The report was introduced in a press conference held in Istanbul on Monday (1 November). First of all, HRW condemned the attack of a suicide bomber in Istanbul on 31 October.

The report is based on the review of 50 cases. "It describes 26 cases of individuals prosecuted for terrorism [...] 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", HRW announced.

Sinclair-Webb explained, "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."

The 75-page report points out that "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".

"Amend the laws"

"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. 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 [...]"

Across Turkey around 1,700 party members are in detention facing trial on similar charges.

"The government should complete the task of reform by changing laws relating to adult demonstrators, to bring them fully into line with Turkey's human rights obligations," Sinclair-Webb said. "Throwing people in jail is no way to halt terrorism - or protest." (BT/EÖ/VK)

Source: Human Rights Watch

Click here to read the full report.