Country of origin information report Turkey March 2009



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Country of Origin Information Report

Turkey

13 March 2009



UK Border Agency

Country of Origin Information Service

Contents

Please note: Information which has been updated since the last edition of

this document is indicated by the use of grey highlighting. A version of the

report without highlighting is available from the RDS website at

http://www.homeoffice.gov.uk/rds/country_reports.html
Preface
Latest news
Events in Turkey from 2 February to 12 March 2009
Reports on Turkey published or accessed between 2 February and 12 March 2009
Paragraphs

Background information
1. Geography 1.01

Population 1.07

Map 1.08

2. Economy 2.01

3. History 3.01

Recent history 3.01

Local elections 3.05

Recent political developments 3.07

European Union accession negotiations 2008 3.10

4. Recent developments 4.01

Terrorism in 2008 4.01

5. Constitution 5.01

6. Political system 6.01

Turkish Grand National Assembly (TGNA) 6.01

National Security Council (MGK) or (NSC) 6.03

Local government 6.07
Human Rights
7. Introduction 7.01

8. Security forces 8.01

Intelligence agency (MIT) 8.04

Police 8.06

Other government forces 8.15

Jandarma / Gendarmerie 8.15

Village guard 8.18



Torture 8.25

Turkish Armed Forces 8.35

Discrimination in armed forces 8.37



Extra-judicial killings 8.39

9. Military service 9.01

Deferring military service 9.04

Evasion of military service and punishment 9.09

Conscientious objectors (vicdani retci) 9.11

Posting after completion of basic training 9.15

10. Judiciary 10.01

Organisation 10.01

Civil courts 10.04

Civil Courts of the Peace 10.04



Civil Courts of First Instance 10.05

Commercial Courts 10.06

The Court of Cassation 10.08

Penal courts

Penal Courts of the Peace 10.11

Penal Courts of First Instance 10.12

Central Criminal Courts 10.13

State Security Courts 10.14

Other Courts 10.15

Execution Investigation Authority 10.15



Other Lower Courts 10.16

Intermediate Courts of Appeal 10.17



Administrative courts 10.18

The Council of State 10.18

Subordinate Administrative Courts 10.19

Supreme Military Administrative Court 10.20



Military courts 10.21

Military Criminal Courts (Askeri Ceza Mahkernesi) 10.21

Military Criminal Court of Cassation (Askeri Yargitay) 10.23



The Constitutional Court (Anayasa Mahkemesi) 10.24

Independence 10.26

Fair trial 10.31

Penal code 10.39

11. Arrest and detention 11.01

Legal rights 11.01

Warrants and court summonses 11.06

Length of pre-trial detention 11.08

Right to legal advice 11.09

Mistreatment in detention 11.19

Legislative framework to prevent mistreatment in prisons
and detention 11.32


Relevant Provisions in Law 11.35

Government and other initiatives to prevent mistreatment
in prisons and detention 11.39


12. Prison conditions 12.01

E and F-Type prisons 12.08

Military prisons 12.19

Monitoring of prison conditions 12.21

13. Death penalty 13.01

14. Political affiliation 14.01

Freedom of political expression 14.01

Freedom of association and assembly 14.10

15. Freedom of speech and media 15.01

Journalists 15.07

Print Media 15.15

The High Board of Radio and Television (RTÜK) 15.17

Internet 15.22

16. Human Rights institutions, organisations and activists 16.01

Human Rights Advisory Board (IHDK) / Human Rights
Presidency and Human Rights boards / councils
16.08


Reform monitoring group 16.15

Parliamentary Human Rights commission / Parliamentary
Human Rights investigation committee
16.17


Ministry of Interior’s Investigation Office 16.19

Prison inspection committees / Prison Monitoring Board 16.21

The Gendarmes Investigation and Evaluation Centre for
Human Rights Abuse Issues (JIHIDEM) 16.23


European Court of Human Rights (ECTHR) 16.28

17. Corruption 17.01

18. Freedom of religion 18.01

Headscarves 18.14

Alevis 18.18

Beliefs and practices of Alevis 18.23

Difficulties and problems for Alevis 18.28

Non Muslim minorities 18.34

Christians 18.40

Jews 18.44

19. Ethnic groups 19.01

Kurds 19.07

Kurdish language 19.15

Teaching in Kurdish 19.23

Kurdish opposition groups 19.28

Hadep 19.37

Hadep membership cards 19.39

Relatives of Hadep 19.41

Dehap / Democratic Society Party (DTP) 19.43

PKK / Kadek / Kongra-Gel and the conflict in the south east 19.47

Relatives of PKK 19.59

Newroz / Nevruz celebrations 19.61

Arabs 19.64

Caucasians 19.67

Armenians 19.72

Greeks 19.77

Roma 19.81

20. Lesbian, gay, bisexual and transgender persons 20.01

Legal rights 20.01

Government attitudes 20.10

Social and economic rights 20.20

Societal ill-treatment or discrimination 20.22

Organisations promoting equal rights for LGBT persons 20.26

Transgender persons 20.29

Transvestites 20.29

Transsexuals 20.32

21. Disability 21.01

People with disabilities 21.01

22. Women 22.01

Legal rights 22.01

Political participation of women 22.14

Social and economic rights 22.19

Employment 22.19



Marriage 22.24

Forced marriages 22.28



Violence against women 22.32

Honour killings 22.49

Female suicides 22.60

Virginity testing………………………………………………………22.63

Treatment of women in detention 22.68

Complaints procedure for women mistreated in custody 22.75

Protection of victims of violence 22.78

Women’s organisations 22.89

Women’s NGOs 22.94



23. Children 23.01

Basic information 23.01

Unregistered children 23.09

Age of consent 23.16

Customary marriages 23.19

Child abuse 23.26

Child labour 23.32



Legislative framework 23.46

Education 23.51

Religious education 23.64

Child care 23.71

Health issues 23.78

Mistreatment of children in detention 23.81

24. Trafficking 24.01

Support and assistance 24.12

Training activities 24.20

25. Medical issues 25.01

Overview of availability of medical treatment and drugs 25.01

Pharmacies 25.05

Hospitals 25.06

HIV/AIDS – anti-retroviral treatment 25.08

Cancer treatment 25.12

Kidney dialysis 25.16

Tuberculosis (TB) 25.17

Deaf and hearing impaired 25.20

Mental health 25.22

26. Freedom of movement 26.01

Nüfus card / identity card 26.09

27. Internally displaced people (IDPs) 27.01

Compensation 27.04

28. Foreign refugees 28.01

Treatment of foreigners seeking asylum in Turkey 28.01

29. Citizenship and nationality 29.01

30. Forged and fraudulently obtained official documents 30.00

31. Exit / entry procedures 30.01

Treatment of returned failed asylum seekers 30.05

The problem of falsified documents 30.10

The General Information Gathering System (GBTS) 30.14

32. Employment rights 31.01

Labour Act of Turkey 31.01

Major Trade Union confederations 31.13

Main employers’ associations 31.22

Annexes
Annex A – Chronology of major events

Annex B – Political groups

Annex C – Prominent people

Annex D – Administration of justice

Annex E – List of abbreviations

Annex F – References to source material

Preface
i This Country of Origin Information Report (COI Report) has been produced by COI Service, United Kingdom Border Agency (UKBA), for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. The main body of the report includes information available up to 1 February 2009. The ‘Latest News’ section contains further brief information on events and reports accessed from 2 February to 12 March February 2009. The report was issued on 13 March 2009.
ii The COI Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any UKBA opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process.
iii The Report includes information from the report of a UKBA fact-finding mission to Turkey undertaken in February 2008. All information contained in the report of the fact-finding mission was obtained from sources interviewed by the mission team and is clearly referenced as such.
iv The Report aims to provide a brief summary of the source material identified, focusing on the main issues raised in asylum and human rights applications. It is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly.
v The structure and format of the COI Report reflects the way it is used by UKBA decision makers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report.
vi The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated.
vii As noted above, the Report is a collation of material produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties, etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term ‘sic’ has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material.
viii The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued.
ix This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the COI Service upon request.
x COI Reports are published regularly on the top 20 asylum intake countries. COI Key Documents are produced on lower asylum intake countries according to operational need. UKBA officials also have constant access to an information request service for specific enquiries.
xi In producing this COI Report, COI Service has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to UKBA as below.

Country of Origin Information Service

UK Border Agency

Apollo House

36 Wellesley Road

Croydon CR9 3RR

United Kingdom


Email: cois@homeoffice.gsi.gov.uk

Website: http://www.homeoffice.gov.uk/rds/country_reports.html
Advisory Panel on Country Information
xi The independent Advisory Panel on Country Information (APCI) was established in 2003 to make recommendations to the Home Secretary about the content of the UKBA’s country of origin information material. The APCI reviewed a number of UKBA’s reports and published its findings on its website at www.apci.org.uk Since October 2008, the work of the APCI has been taken forward by the Chief Inspector of UKBA.

Latest news


Events in turkey from 2 february to 12 march 2009

6 March Nearly 400 members of the Kurdistan Workers' Party, or PKK, have been killed since October 2008 by the Turkish army. A military spokesman Gen. Metin Gurak said “’Turkish airstrikes and artillery fire against PKK targets in northern Iraq have caused close to 375 casualties since October’”. The Turkish Parliament in 2008 approved a measure that extended permission for cross-border raids against PKK rebels.

Turkey Claims 375 PKK 'Casualties' 6 March 2009

http://www.upi.com/Emerging_Threats/2009/03/06/Turkey_claims_375_PKK_casualties/UPI-27401236356863/
4 March A 15 year old boy were given a three year sentence for participating in a demonstration organised by the PKK. A 2006 Anti-Terrorism Law amendment allows the courts to treat 15 to 18 years old as adults. More than 100 children have reportedly been arrested in 2009, many for participating in demonstrations commemorating the of the PKK leader, Abdullah Ocallan. According to a Turkish NGO, there are currently 198 children between the ages of 13 and 17 in prison. While in 2006 and 2007, 1,572 children were prosecuted under anti-terror laws and 174 of whom were found guilty.

Children being jailed under Anti-Terror Laws, 4 March 2009 http://www.ifex.org/en/content/view/full/101276


20 February Despite improvements that have been made in the healthcare system, Turkey still has the highest infant mortality rate among OECD countries. The "Infant mortality rate in Turkey has fallen dramatically over the past few decades, down from about 190 deaths per 1,000 live births in 1960 to 22.6 deaths in 2006. Nonetheless, the rate of infant mortality in Turkey remains four times higher than the OECD average.”

Turkey’s infant mortality highest in OECD, 20 February 2009



http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=167445
15 February Police clashed with stone-throwing demonstrators across the country's predominantly Kurdish southeast during protests marking the 10th anniversary of the capture of PKK leader, Abdullah Ocallan. In Diyarbakir, the region's largest city, about 1,500 people gathered in the streets…Police said “they detained about 50 protesters and that around 20 people, including police officers, were injured in the rock-strewn streets of Diyarbakir.”

Turkey: Kurdish protesters clash with, 15 February 2009 http://www.iht.com/articles/ap/2009/02/15/europe/EU-Turkey-Kurds.php


12 February Fight against AIDS Association President, Melahat Okuyan, said that cases of “AIDS is rising in areas such as Hatay and Gaziantep.” Speaking with the Anatolia news agency Okuyan said that “according to Health Ministry records, as of 2008 there were 3,178 people carrying the HIV virus, which leads to AIDS, in Turkey, 960 of them women. As for AIDS, there 1,025 registered carriers in İstanbul, 148 in Ankara and 240 in İzmir, she said.”

AIDS on the rise in southern Turkey, 12 February 2009 http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=166700


4 February Turkey's Telecommunications Directorate has blocked 1,591 web sites since last year under the law against cyber crime, which includes a wide range of offenses. Internet Technology Association (İTD) President Mustafa Akgül said “the bans on Web sites were a result of Turkey's war against the Internet.”

Over 1,500 Web sites banned in Turkey for various reasons, 4February 2009 http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=165887


2 February “Twenty people were injured in a clash between supporters of the outlawed Kurdish Workers' Party (PKK) and members of an Islamist association in southern Turkey. Turkish police had detained seven suspects in connection with the incident, and beefed up security in the region.”

20 injured in clash between PKK supporters, Islamist group in Turkey, 2 February 2009 http://english.people.com.cn/90001/90777/90851/6583974.html




Return to contents

Go to list of sources

Reports on turkey published or accessed between 2 february and 12 March 2009



Committee to Protect Journalists (CPJ) http://www.cpj.org/

Attacks on the Press in 2008: Middle East/North Africa Developments -February 10, 2009



http://cpj.org/2009/02/attacks-on-the-press-in-2008-mideast-developments.php

(accessed 25 February 2009)
U.S. Department of State (USSD) http://www.state.gov/g/drl/rls/hrrpt/index.htm

2008 Country Reports on Human Rights Practices - February 25, 2009



http://www.state.gov/g/drl/rls/hrrpt/2008/eur/119109.htm

(accessed 26 February 2009)


Return to contents

Go to list of sources

Background information
1 Geography
1.01 The Republic of Turkey covers an area of approximately 780,580 square kilometres. Turkey is located between south-eastern Europe and south-western Asia (that portion of Turkey west of the Bosporus is geographically part of Europe), bordering the Black Sea, between Bulgaria and Georgia, and bordering the Aegean Sea and the Mediterranean Sea, between Greece and Syria. Its border countries are Armenia 268 km, Azerbaijan 9 km, Bulgaria 240 km, Georgia 252 km, Greece 206 km, Iran 499 km, Iraq 352 km, and Syria 822 km. (CIA World Factbook, updated 6 November 2008) [103]
1.02 The capital city is Ankara, and there are 81 provinces consisting of Adana, Adiyaman, Afyonkarahisar, Agri, Aksaray, Amasya, Ankara, Antalya, Ardahan, Artvin, Aydin, Balikesir, Bartin, Batman, Bayburt, Bilecik, Bingol, Bitlis, Bolu, Burdur, Bursa, Canakkale, Cankiri, Corum, Denizli, Diyarbakir, Duzce, Edirne, Elazig, Erzincan, Erzurum, Eskisehir, Gaziantep, Giresun, Gumushane, Hakkari, Hatay, Icel (Mersin), Igdir, Isparta, Istanbul, Izmir, Kahramanmaras, Karabuk, Karaman, Kars, Kastamonu, Kayseri, Kilis, Kirikkale, Kirklareli, Kirsehir, Kocaeli, Konya, Kutahya, Malatya, Manisa, Mardin, Mugla, Mus, Nevsehir, Nigde, Ordu, Osmaniye, Rize, Sakarya, Samsun, Sanliurfa, Siirt, Sinop, Sirnak, Sivas, Tekirdag, Tokat, Trabzon, Tunceli, Usak, Van, Yalova, Yozgat, Zonguldak. (CIA World Factbook, updated 6 November 2008) [103]
1.03 As noted in the CIA FactBook (updated 6 November 2008), Turkish is the main spoken language. In addition to the official language it also mentions Kurdish, Dimli (or Zaza), Azeri, Kabardian and there is also a substantial Gagauz population in the Europe part of Turkey. [103] In addition, the following languages are also spoken by some populations in Turkey: Abaza, Abkhaz, Adyghe, Albanian, Arabic, Armenian, Ashkaraua, Bulgarian, Crimean Turkish, Dimli, Domari, Gajol, Georgian, Greek, Hértevin, Kazakh, Kirghiz, Kirmanjki, Kumyk, Ladino, Laz, Osetin, Pomak, Romani, Serbian, Tatar, Turkmen, Turoyo, Uyghur, Uzbek. [114]
1.04 The US State Department report on International Religious Freedom, published on 19 September 2008, reported that:
“According to the Government, 99 percent of the population is Muslim, the majority of which is Hanafi Sunni. According to the human rights nongovernmental organization (NGO) Mazlum-Der and representatives of various religious minority communities, the actual percentage of Muslims is slightly lower. Following the 1923 Lausanne Treaty, the Government officially recognizes only three minority religious communities. These are Greek Orthodox Christians, Armenian Orthodox Christians, and Jews, although other non-Muslim communities exist. The level of religious observance varied throughout the country, in part due to the influence of secular traditions and official restrictions on religious expression in political and social life.” [5e] (Section 1)
1.05 The US State Department International Religious Freedom Report 2008, released on 19 September 2008, noted that:
“In addition to the Sunni Muslim majority, academics estimate that there are between 10 million and 20 million Alevis, followers of a belief system that incorporates aspects of both Shi'a and Sunni Islam and draws on the traditions of other religious groups indigenous to Anatolia as well. Some Alevis practice rituals that include men and women worshipping together through oratory, poetry, and dance. The Government considers Alevism a heterodox Muslim sect; some Alevis and Sunnis maintain that Alevis are not Muslims.” [5e] (Section I Religious Demography)
1.06 The USSD Religious report 2008 also noted that:
“There are several other religious groups, mostly concentrated in Istanbul and other large cities. While exact membership figures are not available, these religious groups include approximately 65,000 Armenian Orthodox Christians, 23,000 Jews, and up to 4,000 Greek Orthodox Christians. The Government interpreted the 1923 Lausanne Treaty as granting special legal minority status exclusively to these three recognized groups, although the treaty text refers broadly to "non-Muslim minorities" without listing specific groups. This recognition does not extend to the religious leadership organs. For example, the Ecumenical (Greek Orthodox) and Armenian Patriarchates continued to seek legal recognition of their status as patriarchates rather than foundations, the absence of which prevents them from having the right to own and transfer property and train religious clergy. Additionally, because the Government requires all places of learning to be under the control of the Ministry of Education, the Greek Orthodox, Armenian Orthodox, and Jews choose not to train their ministry in the country. The Bulgarian Orthodox Church, through a 1945 bilateral agreement, is considered under the ecclesiastical authority of the Greek Orthodox Ecumenical Patriarchate in Istanbul (and Greece), but the Bulgarian Orthodox Church has its own foundation.” [5e] (Section I Religious Demography)

See Section 18 – Freedom of Religion



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