Torture in Turkey

Torture in Turkey

Hon.
Christopher H. Smith
United States
House of Representatives
106th Congress Congress
First Session Session
Friday, November 05, 1999

Mr. Speaker, in a matter of days President Clinton and the leaders of the OSCE participating States will gather in Istanbul, Turkey for the final summit of the century. Among the important issues to be discussed will be a charter on European security. As the leaders of our countries assemble on the banks of the Bosphorus, few are likely to realize that the torturers continue to ply their trade, crushing the lives of countless men, women, and even children.

In recent days I have received disturbing reports that highlight the fact that torture continues in Turkey despite Ankara's stated zero tolerance policy. Once again, we see that those who attempt to heal the physical and emotion scars of victims of torture are themselves often victimized by the so-called “Anti-Terror Police.” A case in point involves Dr. Zeki Uzun, a medical professional volunteering his services to the Human Rights Foundation of Turkey's Izmir Treatment and Rehabilitation Center. Dr. Uzun was reportedly forced from his clinic by Anti-Terror Police and held for interrogation about past patients he had treated. During the interrogation, he was apparently subjected to various kinds of torture, including having a plastic bag placed over his head to stop his breathing. Dr. Uzun was held by the police for a period of six days during which time he was repeatedly abused.

In March I chaired a Helsinki Commission hearing on human rights in Turkey in anticipation of the OSCE Summit that will be held in Istanbul, November 17-18. Experts testified to the continued widespread use of torture in Turkey, including the increasing use of electric shock. The gripping testimony included the case of torture against a two-year-old child.

Mr. Speaker, I urge President Clinton to place the issue of prevention of torture at the top of his agenda when he meets with Prime Minister Ecevit and include these longstanding concerns in his address before the Turkish Grand National Assembly. If the Government of Turkey is serious about ending the practice of torture, it must publicly condemn such gross violations of human rights, adopt and implement effective procedural safeguards against torture, and vigorously prosecute those who practice torture. Instead of treating individuals like Dr. Uzun as enemies, Ankara should direct its resources to rooting out those elements of the security apparatus responsible for torture.

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    WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Anti-Semitism, Racism and Discrimination in the OSCE Region Tuesday, July 22, 2014 10:00 a.m. Dirksen Senate Office Building Room 562 Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions. The following witnesses are scheduled to testify: Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions

  • U.S. Helsinki Commission Cites Deterioration of Media Freedoms across OSCE Region

    WASHINGTON—In advance of World Press Freedom Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and U.S. Representative Chris Smith (NJ), Co-Chairman of the Commission, addressed the deterioration of media freedom in Ukraine, and the continued presence of criminal defamation:  On the situation in Ukraine, Chairman Cardin stated: “I am deeply concerned by the rapidly degenerating state of media freedom precipitated by pro-Russian separatists in eastern Ukraine. Pro-Russian militias continue to harass, intimidate, and censor both Ukrainian and foreign journalists reporting on the situation in an attempt to quell criticism of separatist-instigated violence and upheaval. Free and independent media is a crucial component of the commitments adopted by the Organization for Security and Cooperation in Europe (OSCE), of which Russia and Ukraine are participating States. I urge Russia to respect media independence and freedom in its own territory as well as in Ukraine.” “Many countries in the OSCE region continue to limit speech to an extraordinary degree,” said Co-Chairman Smith. “I’m particularly concerned by the rise of criminal defamation laws which make it increasingly difficult, and even dangerous, to criticize those in power. These libel and insult laws have an absolutely chilling effect on robust inquiry and the ability to hold politicians and others accountable. I commend the efforts of the OSCE and other organizations to call attention to these and other attacks against freedom of press. A strong and independent media, free from political pressure and censorship, is fundamental to sustainable and accountable democracy.” The OSCE Representative on Freedom of the Media reports regularly to the OSCE Permanent Council in Vienna, including on developments in Ukraine. In advance of World Press Freedom Day, the Commission also noted concern about media freedom in the following countries: UKRAINE: In the town of Slavyansk, over 40 individuals, including many reporters, have been abducted by separatists and held hostage in various makeshift prisons. In the Donbas region, pro-Russian armed forces discontinued digital broadcasting of Ukrainian TV channels and replaced them with Russian ones, mirroring the disruption of Ukrainian press by Russian forces in Crimea. There have been several accounts of journalists being physically intimidated while reporting both in the field and within their offices. TURKEY: Turkey imprisoned more journalists in 2013 than any other country. Currently, legislation is going into effect in Turkey that expands the powers of secret services and stipulates 10 year prison sentences for journalists who publish leaked information. In the last few months, Turkey undertook an immense crackdown on social media, particularly by banning access to Twitter and YouTube. MACEDONIA: In Macedonia, media coverage, largely unbalanced in favor of the ruling party and against the opposition, was a leading criticism of the conduct of last week’s presidential and parliamentary elections. This bias is symptomatic of the great regression in media freedom noted in Macedonia in recent years. Journalists and news sources not allied with the government tend to face increased scrutiny and legal hurdles. KAZAKHSTAN: Recent changes to Kazakhstan’s legislation are likely to further restrict media and access to the Internet. New rules control what the media can report during a state of emergency; a new code criminalizes “dissemination of false information” that harms “interests of society or of the state”; and pending legislation would allow the government to shut websites and other communication networks if they disseminate “harmful” information or call for “extremist” activities. Kazakhstan also has closed virtually all independent newspapers for minor infractions of publishing regulations or on charges of extremism. CROATIA: In Croatia, where the legal definition of “insult” is vague and open to arbitrary enforcement, there are currently over 40 pending criminal insult cases against journalists. This situation, whether or not the cases result in convictions, could lead to increased self-censorship in the media. AZERBAIJAN: The status of press and media in Azerbaijan is decidedly not free. Criminal defamation is still punishable with up to three years in prison. Media and NGO movements that aim to create space for media freedom have been checked at every turn, through various techniques ranging from ignoring lawsuits seeking access to information, to pressing criminal charges on journalists. Most recently, Azerbaijani journalist Rauf Mirkadyrov was arrested and charged with espionage. 

  • Co-Chairman Smith Responds to Turkish Government Move to Block Twitter

    WASHINGTON - Responding to the Turkish Prime Minister Erdogan’s action in blocking access to Twitter in Turkey, U.S. Rep. Chris Smith (NJ-04), Co-Chairman of the Commission on Security and Cooperation in Europe, released the following statement: “I urge the Prime Minister to answer his critics directly rather than try to silence them. This would show respect for the Turkish people and for his responsibilities as an elected official. In recent years the Turkish government has shown a troubling propensity to target journalists as well as Web sites and social media, as has been amply documented by the United States government and independent human rights monitors. Blocking Twitter violates Turkey’s commitments in the Organization for Security and Cooperation in Europe to free expression and freedom of the media.” According to reports, Prime Minister Erdogan used court orders to block Twitter in Turkey on Thursday, March 21. The Prime Minister himself has a Twitter account, however, as does the President, who tweeted his hope that the ban would be short-lived. The U.S. Department of State reports comprehensively on human rights in Turkey in its annual Country Reports on Human Rights Practices. Co-Chairman Smith is also the Chairman of the House panel that oversees human rights worldwide and the author of the Global Online Freedom Act, H.R. 491, human rights legislation that would promote Internet freedom around the world.

  • U.S. Helsinki Commission to Hold Briefing on Human Rights in Turkmenistan

    WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following briefing: Disappeared in Turkmenistan’s Prisons: Are They Still Alive?  Thursday, February 20, 2014 3:00 p.m. Cannon House Office Building Room 122 Ten years ago, the Organization for Cooperation in Europe’s Moscow Mechanism was invoked against Turkmenistan after hundreds were arrested in the wake of an alleged coup attempt. The resulting report detailed the lack of rule of law during the arrest process and subsequent trials, as well as the absence of information about the health and whereabouts of those imprisoned. And despite years of inquiries and a change in regime in Turkmenistan, the fate of many of those who have disappeared into Turkmenistan’s prisons over the past ten years remains unknown. Their families deserve answers, and this briefing will take a new look at these cases. Turkmenistan has been characterized as one of the world’s most repressive countries, with virtually no freedom of expression, association, or assembly. The U.S. Commission on International Religious Freedom again recommended in 2013 that the Secretary of State designate Turkmenistan a “country of particular concern,” and the State Department placed Turkmenistan on its “Tier 2 Watch List” for trafficking in persons - the second lowest category. Imprisonment has been used as a tool for political retaliation against those who do speak out, and Turkmenistan’s prisons – closed to outside monitoring - are notorious for torture, poor conditions, and disease. The following panelists are scheduled to participate: Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Catherine Fitzpatrick, Independent Expert on Eurasia Peter Zalmayev, Director, Eurasia Democracy Initiative Kate Watters, Executive Director, Crude Accountability Boris Shikmuradov, Editor, Gundogar.org

  • Fleeing to Live: Syrian Refugees in the OSCE Region

    This hearing will focus on the more than 1.6 million Syrian civilians who have fled the ongoing violence in their country, their impact on the countries that are hosting them, and international efforts to support these refugees as well as the more than 5 million Syrians who are displaced in their own country. The countries that have opened their borders, and in many cases their homes, to the Syrian refugees include Turkey, an OSCE participating State, Jordan an OSCE Mediterranean Partner Country, and Lebanon, a country that has been historically engaged in the OSCE process. OSCE Partner, Egypt, and Iraq have been impacted by this crisis as well. The United National High Commissioner for Refugees (UNHCR) estimates that by the end of 2013 there will be one million refugees each in Turkey, Jordan and Lebanon.  After more than two years, a resolution to the conflict remains elusive and the suffering of the Syrian people continues unabated. The hearing will examine the U.S. and international response to this unprecedented and expanding humanitarian crisis that threatens to destabilize the entire region. 

  • Helsinki Commission Chairman Leads Delegation to Israel and Turkey before Attending OSCE Parliamentary Assembly Session

    By Helsinki Commission Staff En route to the OSCE Parliamentary Assembly’s Winter Meeting in Vienna, Austria, a delegation organized by the Helsinki Commission visited Israel and Turkey for talks on issues of key concern to U.S. foreign policy and the OSCE. These destinations in particular were selected to explore the impact on the OSCE region resulting from the ongoing tensions in the Middle East stemming from the active conflict and humanitarian crisis in Syria. The delegation was not only bipartisan but included Members from the Senate and House of Representatives, as well as two senior officials from the Department of Commerce. The delegation, which departed February 15 and returned on February 23, was led by Helsinki Commission Chairman Senator Benjamin L. Cardin of Maryland and included Representatives Robert B. Aderholt of Alabama, Alcee L. Hastings of Florida and Mike McIntyre of North Carolina as well as Assistant Secretary of Commerce Michael C. Camuñez from the Helsinki Commission. Senator Bernie Sanders of Vermont and Deputy Assistant Secretary of Commerce for Europe and Eurasia Matthew Murray also joined the delegation. High Level Meetings in Israel The delegation’s first stop was Jerusalem. Following a late arrival on Saturday, February 16, the delegation was briefed by Ambassador Daniel Shapiro and Consul General Michael Ratney in preparation for meetings on Sunday with Prime Minister Benjamin Netanyahu, President Shimon Peres, the Institute for Intelligence and Special Operations (Mossad), Palestinian Prime Minister Salam Fayyad and other officials. High on the delegation’s agenda were U.S.-Israeli relations, including economic cooperation, the peace process, renewal of Israeli-Turkish relations and regional security. President Peres welcomed the delegation in his residence and praised the work of the Helsinki Commission on human rights. Chairman Cardin and President Peres engaged in a lengthy conversation regarding the nuclear ambitions of Iran as well as human rights in that country. They also focused on investment and economic development in the region, particularly the need to provide employment and entrepreneurship opportunities for young people in the Arab world. Members of the delegation met with Prime Minister Benjamin Netanyahu in his cabinet offices for a wide ranging discussion on Iran, the peace process, violence in Syria, Israel-Turkey relations and economic cooperation between our two countries. The Prime Minister also offered a candid assessment of the January 22 parliamentary elections in Israel and his efforts to form a new government. Meeting with the delegation in the U.S. Consulate in Jerusalem, Palestinian Prime Minister Salam Fayyad provided an overview of the economic and security situation in the West Bank, the status of Palestinian-Israeli relations and the peace process. The Prime Minister indicated that there is outright disillusionment with the peace process among the Palestinian people. What is badly needed, he said, is a sense of renewal and energy by both parties to return to negotiations. The remainder of the day included meetings with Deputy Prime Minister and Minister of Intelligence and Atomic Energy, Dan Meridor, Central Bank Governor Stanley Fischer and a briefing by Israel’s Institute for Intelligence and Special Operations (Mossad). The delegation departed early the next morning for Turkey. Fostering Security Cooperation with Turkey Chairman Cardin's delegation stopped in Ankara, Gaziantep, and Istanbul while in Turkey. In Ankara, the delegation met with President Abdullah Gul, Deputy Prime Minister Ali Babacan, and Omer Onhon, former Turkish ambassador to Syria. The delegation prioritized international engagement in the Syrian conflict, the status of Syrian refugees, the urgency of improving Turkish-Israeli relations, the Middle East Peace Process, bilateral economic cooperation and ongoing human rights concerns in their consultations with Turkish government officials. The delegation was briefed by U.S. Ambassador Frank Ricciardone and his staff on bilateral U.S.-Turkish priorities and the security of U.S. embassies following the tragic February 1, 2013 attack on the embassy in Ankara. In Gaziantep, Chairman Cardin's delegation was the first group from Congress to visit the American detachment of the newly established NATO Patriot missile batteries. Members met with the troops stationed near Gaziantep and were briefed on security concerns emanating from the Syrian conflict and NATO efforts to ensure the security of Turkish communities near the Syrian border. The delegation was briefed by regional staff of the U.S. Office of Foreign Disaster Assistance on their substantial efforts to meet the humanitarian needs of the Syrian people in refugee camps and ensure the necessary resources reach the internally displaced civilians within Syria. The delegation then proceeded to visit the central Turkish camp for Syrian refugees in Kilis, which is one of more than 20 such camps along the border. After a briefing by the Turkish Ministry of Foreign Affairs, the Members had an opportunity to see the facilities. The Turkish government has independently made a substantial investment in Syrian humanitarian assistance through their camps. They urged the delegation to encourage the international community to contribute more financial support to address the lack of resources for the growing Syrian refugee population in the region. The delegation also met the camp leadership elected from among the refugees, which reflected the diversity of those displaced by the conflict. The camp leaders urged the delegation to act expeditiously to support the Syrian opposition before the positive perception of the United States irreparably diminishes among Syrian civilians. In Istanbul, the delegation participated in a discussion on the success of bilateral economic cooperation and overcoming barriers to increase U.S. investment in Turkey hosted by the Joint American Business Forum of Turkey and the Turkish-American Business Council. Members then convened a roundtable discussion with a diverse group of Syrian opposition activists based in Istanbul. The activists expressed an urgent interest in the future U.S. role in addressing the security and humanitarian impacts of Syrian conflict. The delegation also had an opportunity to meet with graduate students of Bahcesehir University to discuss the importance of international academic exchanges and youth professional development. OSCE Parliamentary Assembly Meets in Vienna The congressional delegation concluded in Vienna, Austria, to represent the United States at the Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA). Like the OSCE of which it is a part, the Parliamentary Assembly has been an important venue for important initiatives relating to the Helsinki Commission’s work. Those initiatives include addressing specific human rights concerns in numerous countries and combating intolerance in society, organized crime and official corruption, and trafficking in persons. They also include promoting transparency in government and business practices. The United States has traditionally maintained a robust presence in the Assembly, assuring European friends and allies of willing U.S. engagement on issues of common concern and ensuring that the Assembly’s work reflects U.S. interests. Representative Aderholt, for example, is currently an OSCE Vice President and sits on a subcommittee dealing with rules of procedure and an ad hoc committee focusing on reform and transparency of the OSCE. The Winter Meeting is a two-day event held at the Hofburg premises of the OSCE, allowing diplomatic personnel from this multilateral organization to report to the parliamentarians on security, economic, environmental and human rights developments across Europe and into Central Asia. The Winter Meeting also provides a forum for open debate of topical issues and to present ideas for resolutions to be considered later in the year. In the decade since it was first organized, the Winter Meeting has become second in importance only to the OSCE PA’s Annual Session, which is held in June or July in different locations to consider these resolutions and adopt a declaration. In 2013, there were more than 200 parliamentarians in attendance. Ambassador Ian Kelly, the U.S. Representative to the OSCE, briefed the delegation soon after its arrival on the regional issues of interest to the OSCE, as well as organizational developments, from a U.S. policy perspective. Ukraine has taken the OSCE’s chairmanship for 2013, and efforts continue to achieve progress on priority issues in time for a foreign ministerial scheduled for year’s end. As it approaches its 40th anniversary in 2015, the OSCE is also seeking to develop its structural and substantive abilities in order to remain relevant to European security, but it must do so in the face of efforts by Russia and like-minded states to undermine the OSCE’s human rights focus. OSCE PA President Riccardo Migliori of Italy opened the Winter Meeting with a call to find “solutions for the future” based on “the road map signed in our past,” namely the 1975 Helsinki Final Act. The opening plenary was also addressed by Austrian National Council President Barbara Prammer, OSCE Secretary General Lamberto Zannier of Italy, and the Special Envoy of the OSCE Chair-in-Office, Viacheslav Yatsiuk of Ukraine. Additional discussions were held in each of the Assembly’s three General Committees: the First Committee dealing with political affairs and security; the Second Committee with economic affairs, science, technology and the environment; and the Third Committee with democracy, human rights and humanitarian questions. Committee rapporteurs and guest speakers discussed current issues and the prospects for OSCE PA work in the coming year. Assistant Secretary of Commerce Camuñez was a featured opening speaker for the Second Committee, focusing on economic issues in particular. Calling for a “truly 21st century approach” to engagement on these issues within the OSCE, he focused in particular on work being done on energy security and sustainability. He also called for operationalizing OSCE commitments on good governance and transparency adopted at the 2012 Dublin Ministerial Council of the OSCE and asked parliamentarians to play their role by passing needed laws and encouraging government policies that reflect OSCE norms and goals. The Winter Meeting traditionally includes a closing joint-committee session to debate issues that are particularly relevant and timely. This year, the debate focused on how OSCE countries should respond to crises in Syria, the Sahara, and North Africa. Representative Hastings, speaking as the OSCE PA’s Special Representative on Mediterranean Affairs, made a presentation that called on the parliamentarians to consider being in the place of the Syrian people as they flee their homes and lose loved ones, including children, while the world watches. He called on the participating States to halt the flow of arms to Syria, and insisting the Bashar al-Assad “must go,” called for him to be held accountable for his crimes before the International Criminal Court. Chairman Cardin also spoke in the debate, reporting on the discussions the delegation had in Israel and Turkey regarding Syria and praising Turkey’s efforts to accommodate massive inflows of refugees. During the course of the Winter Meeting, the OSCE PA convenes its Standing Committee, composed only of Heads of Delegation and officers, to shape the Assembly’s work. Helsinki Commission Co-Chairman Representative Christopher H. Smith, who was unable to attend the Winter Meeting, and Rep. Hastings each submitted to the committee written reports on their activities as Special Representative on Human Trafficking and as Special Representative on Mediterranean Affairs, respectively. Chairman Cardin participated in a lengthy debate on OSCE election observation, calling for the Assembly and the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) to coordinate in the field and to take advantage of parliamentary leadership to make observation most effective. The delegation used its time at the Winter Meeting to engage in bilateral meetings with parliamentarians and officials regarding Helsinki Commission concerns, including the OSCE Chair-in-Office envoy Yatsiuk, OSCE Secretary General Zannier and ODIHR Director Janez Lenarcic of Slovenia. Representative Hastings also organized a working session with visiting delegates from the Mediterranean Partner countries in order to plan activity for the coming year that will strengthen the partnership between the Mediterranean Partners – Algeria, Egypt, Israel, Jordan, Morocco and Tunisia – and the OSCE. Representative Aderholt also met with human rights activist and opposition representative Andrei Sannikov to discuss common concerns in Belarus. Beyond the Hofburg, the delegation also met with Ambassador Joseph MacManus, who represents the United States at United Nations organizations based in Vienna, and Director General of the International Atomic Energy Agency Yukiya Amano of Japan. Nuclear proliferation was the main issue in these meetings. Chairman Cardin also was accompanied by the U.S. Ambassador to Austria, Willliam Eacho, as he paid tribute at the Austrian National Council to the Vienna-based organization CENTROPA and its American Director, Ed Serotta, for efforts to preserve Jewish memory in Central and Eastern Europe, the former Soviet Union, the Balkans and the Baltics for future generations. By all accounts, the Winter Meeting represented two days of healthy debate and discussion. The U.S. Delegation played an active role throughout the meeting, making presentations and responding to statements of others.

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