Country of origin information report Turkey March 2007

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8.42 The USSD 2005 report recorded that:
“Reports by Mazlum-Der, the media, and others indicated that the military sometimes dismissed religiously observant Muslims from military service. Such dismissals were based on behavior that military officials believed identified these individuals as Islamic fundamentalists, which they were concerned could indicate disloyalty to the secular state. According to Mazlum-Der, the military charged individuals with lack of discipline for activities that included performing Muslim prayers or being married to women who wore headscarves. According to the military, officers and NCOs were sometimes dismissed for maintaining ties to what the military considered to be Islamic fundamentalist organizations, despite repeated warnings from superior officers. In February [2005] a military court reportedly dismissed the deputy commander of the Jandarma command in Ardahan for worshipping at a mosque while wearing his uniform.” [5b] (Section 2c)
See also Section 9:10 Conscientious objectors (Vicdani Retci)
Extra-judicial killings
8.43 For the year 2005, the Human Rights Association (HRA/IHD) recorded 225 extra-judicial executions/deaths as a result of torture/deaths in detention/killings by village guards. (Letter from the British Embassy in Ankara to the Home Office dated 6 April 2006 providing data from the Human Rights Association’s Annual Report 2005) [4l]
8.44 The European Commission 2006 report recorded that:
“The Turkish Armed Forces Internal Service Law remains unchanged. This defines the role and duties of the Turkish military and contains articles granting the military a wide margin of manoeuvre. Similarly, as reported last year, Article 2a of the NSC Law provides a broad definition of national security. No measures have been taken to enhance civilian control over the Gendarmerie. This is part of the army and operates under the General Staff as well as

under the Ministry of Interior in terms of law-enforcement duties.

In March, a draft report of the Şemdinli Investigation Commission of Parliament revealed the existence of a secret protocol on Security, Public order and Assistance Units (commonly called EMASYA). Signed by the General Staff and the Ministry of Interior in 1997, this protocol allows for military operations to be carried out for internal security matters under certain conditions without request from the civilian authorities. Under the protocol, the military can gather intelligence against internal threats.” [71a] (p7-8)

8.45 The Amnesty International (AI) report “No impunity for state officials who violate human rights” noted in May 2006 that:

“Amnesty International considers that the bombing of a bookshop in the southeast town of Semdinli on 9 November 2005 raises fundamental questions about human rights violations allegedly perpetrated by the Turkish security forces in the course of counter-terror operations; and that the incident casts serious doubts on the will of the Turkish authorities to ensure that allegations of grave human rights violations – in particular those allegedly committed by members of the security forces – are promptly, thoroughly and impartially investigated and the alleged perpetrators brought to justice.” [12n]
8.46 The same AI report further noted that:
“Amnesty International is concerned that to date, in spite of such assurances by the Prime Minister, the criminal investigation into the bombing and its circumstances has been mired by the interference of senior government, state and military officials, and that the recent decision by the Higher Council of Judges and Prosecutors to dismiss from office the prosecutor who prepared the indictment constitutes a flagrant assault on the independence of the prosecution in Turkey today. The organization is seriously concerned that the impact of such interference may have a chilling effect on the proper administration of justice in this and any other similar cases.” [12n]
8.47 As outlined in the Human Rights Watch (HRW) World Report 2007, published on 11 January 2007 noted that:
“There was a sharp increase in indiscriminate and disproportionate use of lethal force by security forces in dealing with protestors, as well as during normal policing. In March youths attending the funerals of PKK militants clashed with police, throwing stones and petrol bombs. During the ensuing street battles in Diyarbakýr and other cities police fired bullets, gas grenades, and stones at rioters, killing eight people, including innocent bystanders and four children under 10 years of age. In other incidents during 2006, police shot and killed 13 persons either in error or because they were deemed not to have heeded orders to stop. Instead of conducting an inquiry into the use of lethal force resulting in these deaths, in June the government amended the Anti-Terror Law, authorizing security forces to use weapons directly and without delay.” [9b]