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Bar Association Report: Former diplomats sexually abused with batons and tortured

Former Turkish diplomats arrested over terrorism charges claim they have been tortured as well as sexually abused with police batons, Ankara Bar Association reported.

According to the report, the ex-diplomats were endured torture such as sexual harassment with batons, threats of rape, reverse handcuffing, harsh beatings, being knocked unconscious, and being forced to completely undress.

Arrest warrants were issued last week for 249 former employees for Foreign Ministry. It has been claimed that some of the detainees were exposed to systematic torture in Ankara Police Headquarters so that “they would sign the petition for making use of effective remorse law and become informants.” Ankara Police, on the other hand, denied the allegations in a press statement and stated that 130 attorneys saw the suspects 545 times.

The exact number of detainees is not known under the file with a confidentiality order on it. It is believed that the number exceeds 100 including those who have been arrested or surrendered since May 20.

According to the information the BBC Turkish has garnered, the detention order of detainees, who have been detained for a week, has been extended until Friday through a court order. Statements started to be taken from the detainees today.

All of the female detainees except one have been released. The claims about torture in detention surfaced on Saturday when the women were released.

HDP lawmaker Gergerlioğlu submitted a written question

HDP Kocaeli lawmaker Ömer Faruk Gergerlioğlu announced the claims of torture in Ankara Police Headquarters the other day from his Twitter account. Then Mr. Gergerlioğlu submitted a written question regarding the issue to be answered by Vice President Fuat Oktay.

Speaking to the BBC Turkish, Gergerlioğlu said most of the detainees had been dismissed through emergency decrees and there were claims that 20 suspects were exposed to brutal torture.

In his press statement, he urged the Interior Ministry and Ministry of Justice to take action about the claims.

“I’m told that they said they’d rape him with a truncheon unless he talked”

Moreover, the attorneys contacted by the BBC Turkish requested that “the names of their clients, who will be detained until Friday,” should not be mentioned in the news story “for their safety.”

An attorney told about the torture inflicted on his client as follows:

“They bring him in for questioning on Saturday night, take him downstairs, and then blindfold him. They strip him naked and handcuff him in the back. They keep him on his knees with his head on the ground. They oil his anus, brush a truncheon around it, and tell him they’ll insert it unless he talks. “

“They tell him that the procedure will continue unless he talks until Friday when detention will be over and they demand they want a statement for effective remorse. When my client gets worse there, they stop torturing. When he gets up at night to go to the toilet, he collapses. He passes out once again in the morning during breakfast. Whereupon they take him to the hospital.”

The attorney says that his client was examined at the hospital but was too afraid to tell the doctor about the torture because he was accompanied by officers.

“When my client said he’d been tortured, I didn’t think about anything like it and asked “Roll up your t-shirt so I’ll see it.” I thought it was beating and I could take a photograph. But when he told these, I got speechless. There isn’t any physical sign or mark because the torture had been performed by a professional team.”

According to the statements from 3 different attorneys who spoke to the BBC Turkish, at least 6 persons were exposed to “the activity or threat of rape with truncheon” and at least 20 persons to torture in a room other than the prison cell.

“They are demanded to be informants through torture.”

Another attorney says that the torture started with the release of female detainees and some of the suspects who were taken to court for an extension of detention “limped” because of the torture inflicted on them.

“I’m told that some were raped with a truncheon, and others were threatened again as the top of a truncheon was oiled and moved around the anal area. After these instances of torture, one said he’d take advantage of effective remorse and sign whatever they wanted. To those he did not take advantage of effective remorse, they said, ‘You have time until Friday. If you don’t talk, we’ll do all kinds of torture on you.’”

 

FULL REPORT

 

ANKARA BAR ASSOCIATION

CENTER FOR ATTORNEY RIGHTS, PENAL INSTITUTION BOARD AND CENTER FOR HUMAN RIGHTS

REPORT REGARDING CLAIMS OF TORTURE IN ANKARA PROVINCIAL POLICE HEADQUARTERS INVESTIGATION DEPARTMENT OF FINANCIAL CRIMES

Subject: The report regarding the meetings and inspections performed by Ankara Bar Association Center for Attorney Rights, Penal Institutions Board and Center for Human Rights into claims about torture in the Investigation Department of Financial Crimes which appeared on the press and exposed to public on 26 May 2019.

REPORT

Initially, a message was shared on Kocaeli Lawmaker Ömer Faruk Gergerlioğlu’s account on Twitter, the micro-blogging site, on 26 May 2019 that “there are claims of torture in Ankara Police Headquarters.” In later hours and days, claims of “beating to unconsciousness, harassment and forcing to watch those who were being tortured, the fact that acts of torture that were incompatible with human dignity were inflicted in at least four cases, the acts were performed by persons coming to Ankara Police Headquarters from outside who identified themselves as MIT; a diplomat who was beaten to unconscious was hospitalized; doctors did not write any report regarding the incident; the torture continued and it was openly stated that it would get worse; attempts were made to get statements through torture ” appeared on the media, thus revealed to the public about some 100 people identified to be Foreign Ministry Staff dismissed through emergency decrees who were kept in custody in Investigation Department of Financial Crimes.”

The attorneys who provided legal assistance for the persons in custody submitted complaints to the center and boards of our bar association regarding the claims of ill-treatment and torture.

Besides complaints about torture, complaints have been submitted regarding the fact that the colleagues who went to see their clients under their duty of defense were forced to sign an affidavit in accordance with orders from the prosecutor’s office, but in violation of the provisions of the CMK, that said, “I declare and undertake that I will take the power of attorney regarding my representing the person I will see for the investigation file … and present it to Ankara Chief Public Prosecutor’s Office so that it is included in the investigation file (Attachment-1 Order letter from the prosecutor’s office and the record demanded to be signed).

Our Bar Association’s Center for Attorney Rights, Penal Institutions Board and Center for Human Rights made appointments for the on-site inspection of the claims of ill-treatment and torture and well as the claims that the attorneys were demanded to hand in an affidavit for presenting the power of attorney, which is a violation of CMK provisions, and the appointed colleagues went over to the Ankara Provincial Police Headquarters Investigation Department of Financial Crimes on 27 May 2019 to hold interviews and carry out inspections.

The Trip to Investigation Department of Financial Crimes and the Happenings

  • Coercion into taking an affidavit for presenting the power of attorney

The officials from Center for Attorney Rights of our bar association went over to the department first. As a result of the meetings regarding the order from the prosecutor’s office about taking an affidavit from attorneys for presenting the power of attorney, which violates the provisions of the CMK, the practice of taking an affidavit was discontinued by the chiefs in the Investigation Department of Financial Crimes.

  • Interviews with the persons whose names were reported for suffering ill-treatment and torture

After the discontinuation of the practice of taking an affidavit as a result of the meetings held by the Center of Attorney Rights of our bar association, a second panel comprising members of Penal Institutions Board, Center for Human Rights, and Center for Attorney Rights who visit the Investigation Department of Financial Crimes held a meeting in a closed room with the six persons whose names had been reported regarding the claims of ill-treatment and torture, and statements were officially recorded and signed in the company of the persons who suffered ill-treatment and torture. (The names of the persons interviewed are kept confidential in this report.)

Established by the written statements and as a result of the interviews, the findings regarding the claims of ill-treatment and torture are as follows:

  • All the 6 persons who were interviewed stated that they had been taken to meetings under the pretext of “interviews,” where they were forced to become informants and suffered threats and insults. All the 6 persons who were interviewed stated that they were taken out for an interview more than once, they were put under psychological stress during the interview, and they could identify the persons who carried out the interviews if they saw them.
  • 5 of the 6 persons who were interviewed stated that they suffered ill-treatment and torture outside the interviews. 1 person with whom an interview was held stated that he did not personally suffer ill-treatment and torture but heard about the claims of ill-treatment and torture from the persons with whom he shared a cell and from other persons when they were taken together to the Criminal Judgeship of Peace during the time extension procedures. No discrepancy was found between the names of persons whom this person heard to have suffered ill-treatment and torture and the names of the persons who declared that they suffered ill-treatment and torture
  • According to the common statements of the 5 persons who stated that they had suffered ill-treatment and torture; these persons were taken out of their cells where they were held in custody (one on Saturday night, another the night between Saturday and Sunday, and the other three Sunday night), they were taken to the section on the ground floor of Ankara Provincial Police Headquarters Investigation Department of Financial Crimes (one person said he was taken without handcuffs, while four said they were handcuffed in the back), they were put in through a door with the sign “No Entrance” on it on the narrow hallway at the entrance of the department, the persons who put them in the dark room left, the persons whose faces they could not identify because of the dark first forced them against the wall, blindfolded them (The uncuffed person stated that he was the first to be handcuffed in this room), then forced them to kneel, made them crawl for a while, hit them on the head with truncheons, threatened that they would be raped unless they talked, and the persons in the dark room brushed truncheons on their bodies.

After these events, 3 said they were stripped completely naked, one said he was stripped waist down, one said his trousers were stripped half down; and then 4 persons, the completely and waist-down naked ones, were handcuffed in the back, put in fetus position, had truncheons brush their anal areas; they were subjected to threats and insults all the while; they were given one to two minutes after which they were told “We now move into the next stage” and a substance which they thought to be oil or lubricant was poured on their anal areas and truncheons were brushed around their anal areas. In addition, 1 person stated that they tried to take his trousers off, which they managed to lower halfway, he forced them back up, and he was tortured by having the truncheon brushed over his body and clothes.

  • The 5 persons who said they had been subjected to ill-treatment and torture were asked whether the persons who performed the ill-treatment and torture were one of the persons whose face they saw and voice they heard in the Investigation Department of Financial Crimes and they replied that these were different persons. When asked if they used any expression that might reveal their identity, four of the persons said no such expression was used but one stated that he heard them say, “We came from outside; we’re a professional team.
  • The 5 persons who said they had been subjected to ill-treatment and torture stated that they were accompanied by a police officer during the daily examination of the doctor and they could not tell the doctor about what they experienced because they feared for and were worried about their safety of life.
  • 1 person who said he was subjected to ill-treatment and torture stated that before the ill-treatment and torture defined as the second stage one person asked him whether he was married and when he said he was he was told “Look, you won’t be able to sleep with your wife and you’ll wake up at night and cry.”
  • 1 person who said he was subjected to ill-treatment and torture stated that he got bruises on his knees due to the crawling (the bruises were seen and photographed by the visiting commission) and declared to the doctor on his first examination the day after the torture, but when the doctor verbally declared that he had written in the report as bruises the female officer who was present during the examination panicked, got hold of her mobile phone, and wrote something to someone, and he was then taken out of the room and he was not shown the completed version of the report and they were later transferred to the Criminal Judgeship of Peace for procedures of extending detention time, and the same doctor wrote in the report that there was no mark of battery or coercion in the examination they were taken after the extension decision, and he had no idea about the fate of the other report.
  • 1 person who said he was subjected to ill-treatment and torture stated that he was told before they started ill-treatment and torture that “We rape with truncheons here; you must’ve heard about it. It’s all true,” and then he was subjected to the ill-treatment and torture explained above.
  • 1 person who said he was subjected to ill-treatment and torture stated that he did not say anything to his friends when he returned to the cell after the experience; all he could say was that there was torture, and then he went to sleep; when he wanted to go to the toilet when he woke up he passed out; 112 medical team came in, checked his blood pressure and then left; he also passed out in the morning after the events; and he had not slept for 48 hours.
  • 1 person who said he was subjected to ill-treatment and torture stated that when they were taken before the Criminal Judgeship of Peace he said to the Criminal Judge of Peace that he had been subjected to ill-treatment; the judge answered, “Is it just you? Why doesn’t anyone else have it;” whereupon another person who stated that he had been subjected to ill-treatment and torture said, “I’ve subjected to torture too.” 2 persons in the same trial stated that the judge said, “I’m not a doctor; this isn’t my job; Go tell it to the doctor.”

 

EVALUATIONS

When our colleagues who were appointed by the central office and boards of our bar association informed the officials at the Investigation Department of Financial Crimes about the names of the persons with whom they wanted to interview, they were told that statements were taken from 3 of these persons since they wanted to take advantage of the provisions of effective remorse and they were then released. The files of these persons had been reviewed and no finding about ill-treatment or torture had been reported in their files. Similarly, the reports of the persons with whom interviews were conducted and about whom the findings above are confirmed had been reviewed and it was reported that there was no sign of battery or coercion. The persons with whom the interviews that revealed the findings were made named the 3 persons who took advantage of the effective remorse and were released and stated that they heard from others who went to the interviews and from still others whom they met at the Criminal Judgeship of Peace when they were transferred to the courthouse for the time extension order for detention that they were subjected to ill-treatment and torture like they were. As stated in the ECHR as well as other international conventions, the presence of the doctor’s report per se is not a sign that no ill-treatment or torture was experienced. When the accounts that reveal the findings above are evaluated as a whole, (it can be seen that) the persons were illegally taken to doctor’s examination in company of a police officer. The accounts of the persons who were heard do not contradict one another. When the accounts are evaluated as a whole, they confirm the fact that these persons were subjected to torture and ill-treatment in a way that would not leave any mark of battery or coercion.

Article 17/3 of the Constitution, which stipulates a ban on torture, reads as follows:

“No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.”

In addition, Article 3 of the ECHR is as follows:

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Moreover, Article 1 of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that

“For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.”

These provisions ban torture and ill-treatment in international and national norms.

Furthermore, Article 4 of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is as follows:

“Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.”

International norms stipulate that torture should be defined as crime and penal sanctions should be enforced. Turkey is one of the state parties in the abovementioned convention.

Article 94 of the Turkish Penal Code, titled Torture, is as follows:

“(1) A public officer who performs any act towards a person that is incompatible with human dignity, and which causes that person to suffer physically or mentally, or affects the person’s capacity to perceive or his ability to act of his own will or insults them shall be sentenced to a penalty of imprisonment for a term of three to twelve years.

(2) If the offence is committed against:

  1. a) a child, a person who is physically or mentally incapable of defending himself or a pregnant women; or
  2. b) a public officer or an advocate on account of the performance of his duty, a penalty of imprisonment for a term of eight to fifteen years shall be imposed.

(3) If the act is conducted in the manner of sexual harassment, the offender shall be sentenced to a penalty of imprisonment for a term of ten to fifteen years,

(4) Any other person who participates in the commission of this offence shall be sentenced in a manner equivalent to the public officer.

(5) If the offence is committed by way of omission there shall be no reduction in the sentence.”

In our Turkish Penal code, the crime of torture entails penal sanctions. In this respect, considering the findings above, an investigation must be launched against the concerned parties and not also the persons who ignore the crime of torture and commit the crime of torture but also anybody else who attacked the physical and mental entity of others must be identified and punished.

Therefore, the law stipulates that

  • Considering the fact that the law enforcement officers who carried out the investigation into the detainees could be the suspects of a probable investigation of torture or ill-treatment, they should be suspended from the investigation so that torture and ill-treatment against the detainees can be prevented and the investigation can be carried out effectively;
  • Although daily doctor’s examinations must be conducted in accordance with the Istanbul Protocol, to which Turkey is a party, necessary instructions must be submitted for examination procedures to be conducted in accordance with the Istanbul Protocol because law enforcement was kept present during examination in violation of the protocol;
  • All the suspects kept in custody in Ankara Provincial Police Headquarters Investigation Department of Financial Crimes must be brought before the prosecutor’s office immediately without getting their statements completed at the police headquarters;
  • An investigation must be launched ex-officio for the identification of the persons who committed the crime of torture; an effective investigation must be conducted so that material facts can be revealed and any spoliation of evidence can be forestalled; units and members of Provincial Gendarmerie must be used as per Articles 160/2 and 164 of the CMK no. 5271, and units and members of the police must not be appointed directly in this investigation;
  • All the raw camera footages from 20 May 2019 when the detention procedures were started to 28 May 2018 must be collected immediately starting with those of the different places of detention where the suspects were kept at Ankara Provincial Police Headquarters, the camera footages that show the entrances and exits of the Investigation Department of Financial Crimes as well as all the camera footages inside the Investigation Department of Financial Crimes, and the moments when the detained suspects were being taken away for interviews and torture so that the suspect law enforcement officers can be identified; because it is known that camera recordings were previously erased after their preservation for 30 days in similar applications due to claims of law enforcement officers’ battery and torture against both attorneys and suspects, legal obligations must be fulfilled for all pieces of evidence to be collected and protected;
  • Considering the fact that the law enforcement officers who carried out the investigation could well be the suspects of a probable investigation of torture or ill-treatment, the staff who were assigned to the said operations must be suspended until the investigation into claims of torture and ill-treatment is completed;
  • Considering the fact that a judge who learns about a claim of torture and ill-treatment is obliged to take action and that the Criminal Judge of Peace did not take any action although the persons declared to him that they were subjected to torture, the Criminal Judge of Peace who issued an extension on detention period must be identified and necessary legal action must be taken against him.

In this respect, we bring to the public attention the fact that we are ready to present Ankara Chief Public Prosecutor’s Office with the records and documents drawn up by the members of our bar association in the boards and central office in case or when they are demanded and we as Ankara Bar Association will continue the legal struggle to the very end so that torture and ill-treatment can be eliminated.

Human Rights

Life of a child murdered – Ahmet Burhan Ataç

The story of two years with resistance, suffering, and persecution is told from September 24, 2018, when he was diagnosed with cancer, until May 7, 2020, when he died.

Zekiye-Harun Reha Ataç’s child Ahmed Burhan Ataç was diagnosed with bone cancer on September 24, 2018. At the time he was diagnosed, his father was arrested. Ahmet’s two-year-long struggle mirrors the situation in Turkey.

On February 20, 2018, while Ahmet was playing games with his friends in the nursery, his mother Zekiye Ataç and his father Harun Reha Ataç were detained. Ahmet was only six years old. The mother Ataç, who was expelled during the state of emergency, was detained for 14 days. She was released after being arrested for about three months. The father Ataç was expelled from the teaching profession with a Decree-Law and got arrested after being detained for 13 days over being a director in a private dormitory related to the Gulen Movement. The diagnosis of Ahmet’s disease coincides with the period that he has been left without a mother and father for three months.

“No discount for you!”

Harun Reha Ataç, who was on trial at the Adana 2nd High Criminal Court, was sentenced to nine years and nine months in prison after his son was diagnosed with cancer. On November 30, 2018, the reports about Ahmet’s illness and chemotherapy period were submitted to the court to request Harun Reha Ataç’s release pending appeal. The judge decided to continue his detention by saying, “I have no discount for you.”

Because Ahmet did not recover with chemotherapy and radiotherapy, he was operated in July 2019, and the tumor in the shoulder blade was cleaned. However, in September 2019, it was determined that the tumor had spread to the lung.

Via social media, Zekiye Ataç, said, “We had a test this week. A tumor was detected in the lung. Doctors were also shocked at the tumor’s growth in such a short time. I have no choice. My son is dying before my eyes. “Social media users put the issue on the agenda after the videos of the mother’s comments and Ahmet’s speech for his father’s release.
A campaign was launched on social media for Ahmet’s father to be tried without arrest and to be with him during the treatment process. Zekiye Ataç said, “There was a phone call from my husband in the morning, but Ahmet did not want to talk to his father on the phone. Because he couldn’t stand, but then he asked me, “What does my father say? My God, I wish my dad comes.” Thousands of social media users joined the label about Ahmet and his father’s release, and Ahmet was known widely by public opinion.

Ahmet’s mother detained

While the intense criticisms directed to Adana Courthouse about the difficulties for Ahmet’s treatment abroad and his father’s not being released, mother Zekiye Ataç was detained for the second time on October 15, 2019. Ahmet was without a father and a mother. Zekiye Ataç was accused of being a ‘member of the organization’ because she accepted the aids given for the treatment of his son. Zekiye Ataç was released the next day under the condition of judicial control after the reactions increased further.

Treatment hope

As Ahmet’s disease progressed, his doctors directed him to the Immun-Oncology Center in Germany and stated that he could be treated there. In the first contact with the clinic, it was stated that Ahmet should be brought quickly. The family did not have the economic power to pay the expenses. Ahmet went to Germany on January 20, 2020, after a businessman said he would pay the first stage expenses. His mother could not go with Ahmet because of her travel ban. Ahmet went to Germany with his 70-year-old grandmother.

Required sum collected in 24 hours

Artel Natali Avazyan, a rights advocate who followed the case of Ahmet, started a donation campaign on January 24, 2020, for treatment expenses. The required 50 thousand euro was collected in 24 hours.

Mother Ataç said that the collection of the necessary money for the treatment was very moving: “I would like to thank Mrs. Natali and everyone who contributed in money and spirits. My belief in Ahmet’s recovery is strengthened. I think he will recover and have a nice family day.” She also added that her husband was also pleased that Ahmet went to Germany for treatment: “I will inform him that the money needed for treatment is collected. He will be very happy because he always thinks about Ahmet and us.”

Application for travel permission

Zekiye Ataç intensified her attempts to get travel permission and obtain a passport. However, the prosecution did not allow her to travel abroad.

It was stated that Ahmet was constantly crying and was depressed, and therefore did not respond to the treatment. Businessman Mete Atakul, who hosted Ahmet at his home in Germany, stated that Ahmet did not even eat because he was sad.

Travel ban restored three times

Due to intense public pressure, Zekiye Ataç could get travel permission in February 2020. However, upon the objection made by the prosecutor’s office, the court canceled her passport for the second time.

Because her mother could not go to Germany, Ahmed returned to Turkey to see his mother on February 8 for two weeks.

As a result of the efforts of Natali Avazyan and MP Ömer Faruk Gergerlioğlu, travel permission was given again on February 21, 2020. The German Embassy quickly issued a visa to mother Ataç.

While trying to go to Germany on March 2, 2020, Zekiye Ataç learned at the airport that the Mersin 7th High Criminal Court canceled her passport for the third time.

“You are killing my son”

Zekiye Ataç posted a video on her social media account with the note, “You are killing my son in cooperation”.

Ahmet and his mother started waiting at the airport to solve the problem. The reactions have increased via social media. Singer Haluk Levent announced that he had met with Minister of Interior Süleyman Soylu. The next day, on March 3, 2020, the travel permission was given again, and Ahmet flew to Germany with his mother.

Too late for treatment

Ahmet’s disease spread because judicial processes lasted too long. The blood values of Ahmet, who had many fractures in the leg bones, also decreased and did not respond to the treatment.

Doctors stated that Ahmet’s blood values were very low, and his body could not support the treatment.

Ahmet and his mother moved back to Turkey on March 11, 2020.

Phone conversation between father and son

A campaign was started for Ahmet’s father to be tried without an arrest to support his son during the treatment period. On March 27, 2020, the recorded telephone conversation between Ahmet and his father was published.

Ahmet wants his father to ‘come’. “Come here now; I can not stand.” His father, Harun Ataç, answered, crying: “My son, I cannot come. I want to come too, but I can’t, son. They don’t let me go, baby.”

After the intense effect created by the recorded speech, the prosecutor’s office allowed the father to meet his son for the first time. For a 5-hour meeting, father Harun Ataç came to the hospital to see Ahmet.

After the meeting, the photos of Ahmet, who slept smiling, were published.

Subsequently, all of the appeals for Harun Ataç’s trial without arrest were rejected.

Second campaign for morale: I love Ahmet

Arlet Natali Avazyan started a new campaign to cheer up Ahmet. Social media users said, ‘I love Ahmet’ with the videos and messages they shared. Famous people and social media users shared motivating videos.

Intensive care: Dad not allowed

Ahmet, whose condition worsened every day, got worse on May 6, 2020, and was taken to intensive care. Doctors put Ahmet to sleep.

Permission was requested from the prosecutor’s office for the father, Harun Reha Ataç, who was arrested in Tarsus Prison to see Ahmet for the last time. The prosecutor was stubborn not to let Harun Ataç see his son before the morning.

Ahmet left us

The heart of Ahmet, who struggled with the bone cancer disease he had caught in 2018 under the conditions of ‘state of emergency’, stopped three times. On May 7, 2020, Ahmet closed his eyes.

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Human Rights

The story of Demir Family: Imprisoned and plundered

Living in Fethiye for 28 years, Demir Family, from the Erzurum city located in eastern Turkey, has experienced a severe trauma after July 15, 2016, as eight of its members were imprisoned.

After the controversial July 15 coup attempt, the Erdoğan regime canceled Mrs. Fatma Demir’s and her husband Mr. Mevlüt Demir’s passports and imposed an interim injunction on their assets.

After that, eight were imprisoned from Demir family, five of them on the same day: Mrs. Fatma Demir, her husband Mr. Mevlüt Demir, their son, their daughter, their daughter-in-law, their two sons-in-law, and their granddaughter.

According to Cevheri Güven’s news from Bold Medya, Mrs. Fatma Demir disclosed about the day and her following experience:

“My son Onur, my daughter-in-law Ezgi, my daughter Esra and my son-in-law Mahmut had come to visit us. While we all were at home, the police raided our house. They made us sit on a sofa for 6 hours without allowing any physical movement. They didn’t even let me fetch my grandson’s milk from the fridge right next to me. Just then, my husband and my daughter were outside. The police detained us six all. The police said on the phone to their superiors that ‘We found a treasure’. I think they get a bonus from such raids.

“We were in custody for 11 days. We were even forbidden to look at each other while being daily taken to the forensic physician. At the end of the 11th day, they took my statement for 4.5-hours. A long-faced, tall and bearded policeman made a questioning as if beating me over the table, lying, ‘Talk!!! Hey, you woman, talk!!’ I am 54 years old, and he was consistently asking who made me marry my husband!? I said, ‘I got married in the village in Erzurum.’ And he was asking my matchmaker. I said, ‘My father got me married.’ He just asked strange questions. I had a headache during 4.5-hours of nonsense questioning. Eventually, he said, ‘Take her away… She is useless.’ I didn’t understand what I could say as a 54-year old innocent woman.”

Then everyone was arrested. They sent us to three different prisons in three different cities intending to prevent us from visiting each other in the prison, although our surnames are the same and we had the constitutional right to see each other. Just to give us more hardship.”

When all the members of our family were arrested, neither anyone brought clothes to the prison nor deposited advance money in our accounts for prison canteen shopping:

“I was sent to Denizli T Type Prison. No one brought me clothes, or I didn’t have any down payment for the prison canteen. We were all in the same situation. We were literally in hunger amidst plenty. My husband was a building contractor, and we were financially sound. Suddenly we fell down the hill economically, from heyday days to not having two nickels to rub together.

I had a navy blue dress and a green greatcoat. The officials in the prison entrance said that navy blue and green colors were forbidden in prison. They insisted on taking my clothes out due to their colors. I replied that I didn’t have any other clothes; nevertheless, they still persisted. They even took out my navy blue fabric bonnet from my head under my scarf, which is used to keep firmly the hair under the silk scarf. I reiterated that I didn’t have any other clothes, but the same reply I received:

‘Forbidden!!!’. They pressured a lot. Then I suggested to them that they might bring me a white cloth so that I could cuddle myself like a lunatic one in psychiatry. I wouldn’t enter prison without clothes.

They took me to the ward. There were young students or young teachers in the ward. I was overweighted compared to them. Their clothes did not fit me. I was about to raise my hands and pray, ‘O Almighty, send someone in my weight to this ward to share her clothes.’

“Interestingly, although my husband sent enough clothes for me with my lawyer, he said to my husband that he has handed over my clothes to me, yet he did not. I received those clothes five months later from the lawyer’s car after I was released from prison. The lawyer also gave us a lot of trouble.”

In the second month of Mrs. Fatma Demir’s detention without a visitor, one day, her daughter entered in her ward:

“One day, the ward’s door was opened. We always thought that when someone opened the door outside of the mealtime, another innocent one was sent to our ward. We prepare the place, and we help her. I ran down the stairs and opened the door, and I have seen my daughter out there.

Demir Ailesi cezaevi iç görüşlerinde.

She said ‘Mom’ and I said ‘Dearest’. We hugged and embraced each other. Not only we two, but also everyone in the ward was crying along with us. My daughter said her father was also arrested with her. A tremor began on my left side. It continued for a long time. I went to the infirmary for weeks; they gave me powerful pills. Of course, we do not know what pill it was. They don’t provide the prescription; they just give the capsule. I turned into a person sitting like a robot on my bed while I used to be a morale-booster one who amused everyone in the ward. I was just sitting, numbed. Everyone started telling me what’s going on. Then we found out that it was a very high dose of medication that was given to the people who brutally attacked others. After I was released from prison, I asked a doctor about the drugs, and he said it was too strong for me. I came to myself in days when I quit it. Such wrong drugs are also given to the innocent prisoners, and they are numbing the brains.

I stayed with my daughter in the same ward for three months. My daughter had miscarriage her three children. She was able to have the fourth one with treatment. Of course, she missed her child very much and was crying by calling my grandson’s name ‘Levent’ till the mornings. We could not stand it, and we took my grandson Levent, undesirably, with us to the prison.

My grandson, my daughter, and I were in the same ward. My son-in-law and my husband were in the same ward while my other son-in-law was in Muğla City prison, and my daughter-in-law was in Aydın City prison. Seven persons from the same family were in prisons in three cities… We made my son Onur to be transferred to his father’s ward by writing hundreds of petitions as his father had illnesses and needed care. The father and the son stayed together for a year in the same ward. When the Supreme Court upheld my son’s sentence, they separated my son and took him to another ward. My son said to some staff in prison, ‘I requested the concerned authorities to be transferred to this prison because my father is ill and needs a carer. If I can talk to the prison director and express myself, he may not separate us. There is a blockage in his brain vessels. The required surgery could not be carried out due to the detention.’ Just because he had this request, the Emergency Response Team appeared and took my son by pushing his head down, as if he was a terrorist. They took him to the torture chamber. They wanted him to undress. A room with soundproof walls.. My son did not elaborate on what has happened, but apparently, they undressed him by force, handcuffed him from behind and they tied his feet by laying his face down. Hours later, they took him back by saying, “Did you come to your sense?”. They did so just because my son wanted to explain to the prison director on his father’s illness. Later they asked the prison director anyway, and when prison director said no, nobody insisted.”

Having her grandson’s only toy in prison was the broomstick, Fatma Demir described her days spent in prison:

“My grandson constantly wanted to go out by pushing the door. There was no toy of course. There was a broom which we swept the floor. He was playing with the broomstick. He climbed the bunk beds, fell, and cried. He went up and down the stairs, fell, and cried. When he started talking, he used to say, ‘Don’t get upset, there is little left’ and made everyone laugh. Normally kids do not like some vegetables like leeks, but since he is obliged to eat, he used to say “I feel like eating leeks today”, and leek was coming on the menu. If he said ‘I feel like eating eggs today,’ and we had eggs on the menu. Whatever my grandson said, it was served. My ward-mates were getting around, and saying ‘Dear Levent, please wish such and such food today.’

If anyone cried, my grandson used to solace, “There is too little left, we will be out anyway.” He had been going a number of times to the courts with his mother for two years. One day he got up at the courtroom and started performing prayer. As he only saw women around in prison, he insisted on having a scarf for his head for his prayer. Although we insisted a lot, Levent could not wear shorts or short sleeve t-shirts, since there were cameras everywhere for us, the prisoners and we all were always paying attention to our wearing, I mean the hijab (and being covered in general). Later, there was a kindergarten in prison, but the child could not go out. Thereafter his play was to hook on something around his waist like a key, and he was becoming a prison guardian. Trying to open the doors, he used to say ‘I will take you to the view.”

After five months of detention, Mrs. Fatma Demir was released due to having eight detainees in her family.

“Normally, when someone is released, all the prisoners used to shout out the name with “released, released” in the yard and send her off with applause. This accustomedness did not apply while I was released. It was as if the bride was leaving her house during her wedding day and she was upset as she was leaving her mother. I was leaving for my freedom; nevertheless, I was leaving my daughter and grandson in prison. I was leaving seven people from my family in prisons as if leaving pieces of my lung out there. Everyone cried then. I looked back, my daughter Esra was waving behind me, and it was very difficult.

After I was released, I started to make a tour of visitations among seven people from my family among Aydın, Muğla, and Denizli cities, which are 1.30 to 2.30 hours away from each other. Since the views are very early in the morning, you have to go to the city a day earlier. It was not that easy, especially for a lady my age. I could only stay at my house in Fethiye once a week, and the rest was always on the roads.”

The state, on the one hand, and by the public on the other, started plundering the wealthy Demir family’s assets and properties. It reminds me of the mobs taking the streets of Istanbul and plundered the non-Muslim Greek, Armenian, Jewish houses on September 6 and 7, 1955.

“They blocked our bank accounts and imposed an interim injunction on our properties; however, the debts continued to grow with interest. When I came out of prison, I started dealing with exorbitant debts.

We recently purchased land on the upland. It was 5.6 acres of land and 1.2 acres of peach garden. Peaches’ quality was fantastic. We just collected from the garden once. When my son-in-law was released after me, we said, ‘Let’s go and collect our peaches so that we can sell and get some money for the debts.’ After we reached there, let alone the peaches, there were not even standing trees. The neighbor, whom we entrust our garden, took his tractor into our garden and cut all the peaches from their roots in order to make a field for himself. He literally destroyed 50 of our peach trees, cut our walnut trees, sold the pears, olives, or poplars. They spoke in the village coffee house that ‘The terrorists purchased that house and land, let’s burn it down!’. They broke the windows of the house and committed a burglary. They dismantled the irrigation system in the garden and took it to their own gardens. A peasant, whom we allowed him to cultivate anything on our 5.6 acres land as he wished, cut our 50 peach trees and several walnut trees. There was a difference as chalk and cheese between our intentions.”

Fatma Demir encounters the fact that her assets were plundered after her release.

 

“We had a brand new car that we got on for four months only. We were entrusted to a neighbor in the upland and covered it with a tarpaulin in front of our house. While we were in prison, a police officer stole it with a tow truck in front of our house in the upland at night. We became to know that he used our almost brand new car for about a year. He has opened the car’s doors with something like a screwdriver. We though our car was in the gratuitous bailee depot, but a police officer was using it for himself. Everyone was doing something when you are desperate.

We had some unfinished constructions. A man has spent 40.000 Turkish Lira (TL) ($5.700) inside the house, and he wanted 120.000 TL ($17.100) from us. They both transfer our property to National Estate and don’t pay their utility bills and making us pay the debt. I constantly paid debts. I have been dealing in the offices for two years, like the Courthouse, the Debt Enforcement Office, or the Land Registry Office.

They transferred our office building to the National Estate. Our house was a four-story building and was sold out. There were debts to the banks, where doubled a few times with interest. We couldn’t sell anything registered on my husband’s name. We sold the properties or assets that registered on my name. I sold my own house and moved to a rental one. We did not have any business operations in 2017 as we all were in prison, and our properties and asset were imposed an interim injunction; however, they charged us 10.000 TL ($1.426) income taxes and 8.000 TL ($1.140) VAT debts. It became, with interest, 35.000 TL ($5000) for not paying on time. They did not remove the blocks in our accounts, our properties could not be sold, we were all under arrest, we could not collect our receivables, and this inexistent 35.000 TL ($5000) tax debt has been doubled to 78.000 TL ($11.120) with more interest. They have imposed an interim injunction for our whole asset for this 78.000 TL debt, although our total asset worth much more.

They did not allow me to draw my husband’s pension. We worked hard for months to get it. My son-in-law, who is a doctor, tried very hard then. Later on, they said they will send his pension money to PTT (The National Post and Telegraph Directorate of Turkey.), I didn’t understand how it happened. Everyone is doing something among themselves.”

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Human Rights

Human Rights Watch: Allegations of Abduction and Torture Not Investigated in Turkey

Human Rights Watch (HRW) has called on the authorities in Turkey to conduct an effective investigation into the allegations of people who say that they were held in custody and tortured by government agents for many months.

Human Rights Watch (HRW) released a statement today (April 29) and requested that the authorities in Turkey urgently carry out an effective investigation into the testimony of a person in pretrial detention who said that state agents forcibly disappeared and tortured him for nine months.

The testimony in question belongs to Gökhan Türkmen. Türkmen, 43, spoke for the first time during a February 10, 2020 court hearing about his abduction, enforced disappearance, and torture. He also said that officials had visited him in prison and threatened him and his family.

“Flagrantly flouting its legal obligations, Turkey has consistently failed to investigate credible evidence of enforced disappearances,” has said Hugh Williamson, Europe and Central Asia director at the HRW:

“The authorities should urgently investigate Türkmen’s allegations that he was abducted, tortured, and pressured to remain silent, and ensure that he and his family are protected against reprisals for speaking out.”

‘Prosecutor said there was no need to investigate’

The HRW has shared the following information about the issue:

“Türkmen disappeared in Antalya on February 7, 2019. His family repeatedly sought information from various authorities about his whereabouts and when met with silence, appealed to the European Court of Human Rights.

“Türkmen resurfaced in police custody on November 6. An Ankara court sent him to pretrial detention, and he remains in solitary confinement in Ankara’s Sincan F-type Prison No. 1. He is facing charges of espionage and links to the Fethullah Gülen movement, which the Turkish government blames for the July 2016 coup attempt.

“Türkmen’s lawyer has also filed complaints that men who introduced themselves as National Intelligence Agency (Milli İstihbarat Teşkilatı, MİT) officers have visited him in prison six times since November 15 and threatened him and his family.

“During a March 2020 visit, the men pressured him to retract his allegations about abduction and torture at the February court hearing. On April 16, the Ankara prosecutor issued three decisions saying there was no need to investigate the complaints. Türkmen’s lawyer is appealing.

“His wife told Human Rights Watch that she had faced intimidation from unknown sources who hacked the Twitter account she had set up in her husband’s name to campaign about his whereabouts when he disappeared, and set up a second one also in his name.”

‘Allegations are not investigated’
The HRW has also indicated that “Türkmen, is one of at least two dozen people over the past three years whose families, or in a few cases the individuals themselves, have said they have been abducted and forcibly disappeared by government agents for many months.”

The organization has shared the following information about them:

“All but one are men. HRW has examined 16 such cases since 2017. Turkish authorities have yet to effectively investigate any of them, and a number of families have applied to the European Court of Human Rights for justice. The whereabouts and fate of one man remains unknown.

“Four other men who were forcibly disappeared in February 2019 and resurfaced in police custody in July have remained silent on the full circumstances, although their families lodged multiple complaints with the Turkish authorities and to the European Court of Human Rights.

“The four – Selim Zeybek, Özgür Kaya, Yasin Ugan, and Erkan Irmak – are in pretrial detention in Sincan prison facing prosecution for links with the Gülen movement and espionage.

“A fifth man, Mustafa Yılmaz, abducted in February 2019, resurfaced in police custody in October, and is also in pretrial detention in Sincan prison.

“Another man, Yusuf Bilge Tunç, disappeared in Ankara on August 6, 2019 and his whereabouts remain unknown despite his family’s repeated pleas to the Turkish authorities for information.

“One man, Mesut Geçer, said he was forcibly disappeared in March 2017, and was held for 16 months and repeatedly tortured before being transferred to police custody. Ayten Öztürk has said that in March 2018 she was forcibly disappeared and tortured for over five months before being officially registered in police custody.”

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