12th December 2011
Mr. …….
Dear Mr……..
I am writing on behalf of The Peace Assembly of Turkey* to share our concerns and views regarding recent developments on the Kurdish Question, mainly the dissipation of the positive climate of previous years and to make some proposals.
The main problem is that Kurdish citizens of Turkey have been denied their cultural, social, economic and political rights by the state. The Kurdish Question is the biggest obstacle to peace and democratisation in Turkey.
The ongoing violent conflict between the state and the PKK is an impediment to a solution. A democratic solution requires an end to violence and conflict and a climate of dialogue and negotiations.
For a future to be built on trust arms need to be silenced, the past recognized and made visible, mistakes acknowledged so as never to be repeated again and necessary reforms undertaken.
Regrettably Turkey has started to move in the opposite direction. The one party system is dominating every area of life. Especially on the Kurdish Question a peaceful and democratic solution is becoming more difficult by the day.
Since 2009, 7748 people have been detained due to the so called KCK (Union of Communities in Kurdistan) operations. 3895 of them are on remand. Many leaders and 10 mayors, 8 deputy mayors, 2 vice mayors, 29 councillors of the BDP (Peace and Democracy Party) as well as writers, academicians, and NGO representatives are still in custody. 656 summonses were issued against BDP MP’s for “crimes” that ordinarily could only be regarded as acts of freedom of expression. 5 elected MP’s of the BDP are still in prison.
Voicing a view during a press conference, speaking at a rally, giving a lesson at the BDP’s Politics’ Academy or just participating in a protest is sufficient to be detained and even imprisoned these days.
As a result of the aforementioned operations KCK cases have been opened in every city where there is a Special Criminal Court. Human rights defenders, academicians, politicians, university students have not only been detained and imprisoned but have also been cruelly targeted and their reputations have been maliciously blackened.
The accusations of “terrorism” suffered by the detainees are entirely arbitrary and damaging to the principles of universal law. Long periods of detention and cases under the seal of secrecy have added even more controversy to these politically motivated operations. The long periods of detention have turned into a penalty itself. Those unlawfully detained spend years in prison without knowing what they are being accused of. This state of affairs is undermining society’s faith in one vital criteria of democracy: The rule of law.
Many national and international institutions have drawn attention to the practice of ceaseless and arbitrary detentions.
When conflicting with official views and politics, voicing ideas and political preferences within the boundaries of the basic rights of freedom of expression and political affiliation is now regarded as a crime under the Anti-Terror Act.
All the above mentioned detentions are based on the Anti-Terror Act, Turkish Penal Code and codes governing Criminal Courts which - so AKP government claims - have been harmonised through the EU accession process.
Most of the detentions are based on Article 100, 250 and 252 of the Penal Code, the latter two governing special investigations procedures and competences; Articles 6 and 7 of Anti-Terror Act governing freedom of expression and Article 10 governing constrains to legal defence rights; Article 314 and Paragraph 6-8 of Article 220 of the Penal Code which are open to such wide interpretations that each and every activity and idea can be criminalised.
A democratic and peaceful solution to the Kurdish Question is becoming more and more unattainable as politics of war, violence and imposition prevail.
Yet we are at a moment of vital importance as work towards a new civil and democratic constitution that can provide a foundation to a solution to the Kurdish Question is ongoing. This is why we are worried. We are worried because Turkey is moving away from the path of peace and democracy. In order to clear the path for peace and democratisation, The Peace Assembly of Turkey is attributing vital importance to the below mentioned changes:
Detentions and arrests under the so called ‘KCK Operations’ which only narrow, even annihilate the sphere of democratic politics have to be stopped. This policy is escalating violence.
An opening for a democratic solution requires open debate free of oppression. Hence freedom of expression has to be safeguarded. The Anti-Terror Act and Special Criminal Courts have to be abolished and the Penal Code revised. It is impossible to openly debate a new constitution under the shadow and domination of these laws.
Those detained and/or imprisoned because of their political views and political activities by democratic means have to be released. For those who have already been sentenced judicial reforms need to be undertaken and a political amnesty granted.
The war strategy on the Kurdish Question has to be abandoned and a ceasefire declared. A dialogue and negotiation modality has to be adopted for a democratic solution.
Within this framework we urge you to put every effort into relating to your governments, political parties, trade unions, professional associations and NGO’s for them to insist in a friendly manner that Turkey solves its problems within the principles of universal law and democratic values.
Further we would be very happy to see representatives of EL in Turkey to gain first-hand experience of the alarming situation.
On this occasion we call upon your communities and institutions to be receptive to the problems in the sphere of freedom of expression and affiliation and side with peace and freedom.
We wish you every success in your endeavours
Yours fraternally
Dr. Metin Bakkalci
Spokesperson
The Peace Assembly of Turkey
web: www.turkiyebarismeclisi.org
e-mail: istanbulbarismeclisi a] gmail.com
* The Peace Assembly of Turkey was founded on 1st September 2007 in accordance with the resolution of the “Turkey is searching for its peace” Conference of 13-14th January 2007. It was founded by 367 intellectuals, writers, academicians and peace groups which had come to Turkey from Europe and Kandil (Iraq) following the call of PKK leader Abdullah Ocalan in 1999.
As a citizens’ initiative The Peace Assembly is working towards a democratic, equitable and fair solution to the Kurdish question in the light of universal and historical knowledge with the primary objective of developing social awareness in order to dispel violence, nationalistic/racist approaches and the language of hatred.
People from different political, ideological, social, professional and religious backgrounds alongside previous PKK fighters are actively involved in Peace Assembly groups in 17 cities across the country. The Peace Assembly is organising campaigns, meetings, conferences to influence opinion formers who affect different social stratas.