Dr. Omer Atilla Ergi
Turkey Tribunal held in Geneva concluded on Friday, 24 September 2021. The Tribunal which consisted of panel of five judges, three of them former judges at the European Court of Human Rights, listened to the testimonies of academics, lawyers, judges, teachers, journalists who were victims of human rights abuses in Turkey. The judges also heard the testimonies of the rapporteurs like Johan Vande Lanotte, Luca Perilli, Philippe Leruth, Yves Haeck, Emre Turkut, Johan Heymans and Eric Sottas who reported a number of crimes against humanity committed by the Erdogan regime, focusing specifically on the period since the failed coup attempt on 15 July 2016.
The Tribunal, although not a legally binding body, was organised to raise awareness in the international community and perhaps to take the matter to the Hague where the Erdogan regime can be tried for crimes against humanity. After listening to the testimonies of witnesses for four consecutive days, the judges delivered their verdict with a long statement confirming a series of human rights abuses which included abduction, torture, unlawful detention, prevention of basic rights such as legal representation, food, water, medicine, and sleep. The verdict also included that the current judicial system of Turkey was not independent and there was no freedom of media. The presiding judges were in the view that there is systematic torture, abduction, unlawful detention, and human rights abuses in Turkey, mostly against the members of the Gulen Movement and the Kurdish people.
Some of the testimonies included stories of horrific tortures. Mustafa Özben, a lawyer and an academic testified that in May 2017, after dropping his little girl off to her school, he was abducted by four men who pushed him into a black van, possibly a transporter, then placed a bag over his head and drove to an unknown location in Ankara. He was detained for 92 days in a facility where he was subjected to systematic torture which included electroshock, continuous beating, threatened with a sex object. Özben explained that his abductors were either the antiterror unit (TEM) or the intelligence service (MIT) who forced him to sign some documents and accept that he belonged to a terrorist organisation.
Another witness, Tülay Açıkkollu testified that her husband Gökhan Açıkkollu was taken from their home, severely beaten as he was place into to the police vehicle and denied legal representation. Gökhan Açıkkollu, a teacher at the time, died in custody when he was given access to essential medicines for his critical health condition.
Mehmet Alp, a teacher in a government school was abducted by the MIT (intellegence service), threatened with a gun and forced to sign documents incriminating him of encouraging his students to join the PKK (a terrorist organisation). When he refused to sign, his house was raided and his wife was also arrested while his one year-old son was left unattended in the house.
Erhan Doğan, another teacher, was arrested by TEM (antiterror unit) nine days after the fail coup and systematically tortured. He testified that he was hanged on what he describes as Palestine Hanger (Strappado) for 2 hours. Doğan almost burst into tears when he explained that he saw three women taken into the next room to be torured. They were screaming and begging their captors not to rape them, he said. He continued by stating that he thought of committing suicide when they threatened him with his wife, claiming that they would bring his wife and do the same thing to her in front of their children.
During the tribunal there were other testimonies by judges, lawyers, human rights activists and a Kurdish politician who testified about the atrocities committed on Kurdish citizens in Cizre.
The Tribunal however, mainly focused on the postcoup purge which saw the investigation of 600,000 people and arrests of more than 100,000 people who had no connection to the coup. Over four thousand judges and prosecutors were expelled straight after the failed coup attempt and 2,286 were arrested. Süleyman Bozoğlu, who served as a judge for fifteen years, was arrested six days after the coup. During the Turkey Tribunal, he testified that the list of thousands of judges who would be expelled or arrested was in the hands of the authorities a day before coup attempt.
Eren Keskin, a layer and human rights activist, also testified to women being sexually abused or raped during custody and explained that she was also given a prison term for being a member of a terrorist organisation. She added that she had appealed the verdict and was waiting for the higher court’s decision.
Unfortunately, the stories of many other victims of torture, abduction, and unlawful detention, could not be heard during the four-day tribunal.Historical evidence indicates that the human rights record of Turkey has never been perfect. There were periods in which significant improvement was achieved and other times, like to 1980 military coup when crimes against humanity had intensified. During the early days of Erdoğan administration which endeavoured to establish social justice, improve democracy, and make the necessary adjustments to join the EU, Turkey showed signs of significant improvement in its justice system, democracy, economy, education, and other areas. Unfortunately, following the 17/25 December 2013 corruption investigation which produced evidence that suggested the involvement of AKP Ministers, Erdoğan’s son Bilal and other senior government officials, everything took a drastic turn where the laws of the Constitutional Court of Turkey were violated by the AKP government. Members of the police force and the prosecutors who initiated the investigation were expelled and later arrested. Pro-government prosecutors and judges were assigned to the case and the investigated was gradually abandoned and all suspects were released.
Erdoğan was quick to announce that the investigation was an attempt to overthrow his government and blamed the Gülen movement arguing that the allegations were fabricated, and the audio recordings of bribery and corruption were fake. He then commenced a campaign targeting the members of the Gülen movement. The campaign continued through the mainstream media, largely controlled by the government until the July 15 failed coup
when situations worsened, and the members of the Gulen Movement were systematically dehumanised via the media. Erdoğan pointed to the Gülen movement on the night of the coup, quickly blaming them for the attempt when no one had any idea of who was behind the coup. He dubbed the coup attempt as “a gift from God” as it gave him the opportunity to commence a major purge of people whose names were already listed long before July 15.
A state of emergency was announced and a power to pass legislations that allowed the government to commit crimes against humanity were given to Erdoğan. New laws (KHK) also alllowed the persecution of more than 600,000 people. Over 100,000 were arrested and 41.326 were sent to prisons. Arrests, detentions, abductions, tortures and unlawful imprisonments contiue today.
The judges of the Turkey Tribunal confirmed that crimes against humanity have been committed by the Erdoğan regime and continues to do so today. Experts in Turkish politics also assert that human rights violations have never been committed this openly before. In the past, officials would try their best to conceal crimes against humanity such as abduction, torture, and unlawful detention, but today they are advertising it with an objective to put fear into people. Almost, anyone who opposes the Erdoğan regime is accused of terrorism, and this gives the officials to do as they wish with them.
As mentioned above, human rights violations against minorities such as the Kurds, Alawies, Armenians, Greeks, faith groups, socialists and nationalists have been committed in various periods of Turkish history but never to the extent they were done so openly by the Erdoğan regime.
The Turkey Tribunal was a significant step towards taking further legal action. Perhaps the next step is an application to the Hague, where Erdoğan can be tried for crimes against humanity.