Lawyers' Association reports human rights violations in eastern Turkish prison

Lawyers associations in Turkey visited the Batman closed prison to report human rights violations experienced by the group of youths arrested for dancing to Kurdish music. Accordingly, the group was strip searched and forced to listen to nationalistic marches as "punishment."

Head of the İHD's Diyarbakır branch Ercan Yılmaz

Duvar English

A delegation from the Human Rights Association (İHD) and the Lawyers for Freedom Association (ÖHD) on Aug. 7 visited the eastern Batman province’s closed prison. 

The delegation, which included İHD co-chair Eren Keskin, met with mothers who were arrested after an operation in the Gercüş district and those detained for dancing to Kurdish music. Ercan Yılmaz, head of the İHD's Diyarbakır branch, spoke about the key issues discussed during the visit.

Speaking to the Mesopotamia Agency (MA), Yılmaz reported that women and children brought to the prison were subjected to strip searches upon entry, and prisoners were forced to stand during roll call. He added that four individuals, including two children, were arrested on charges of “making terrorist propaganda” for dancing and chanting slogans, and were forced to listen to racist and nationalist songs while being transported to prison.

Yılmaz criticized the arrests and detentions related to the dance, stating that they cannot be justified legally. He highlighted that investigations were initiated following nationalist groups targeting individuals on social media, leading to hundreds of cases, most of which resulted in acquittals. Yılmaz recalled how the Constitutional Court (AYM) and the European Court of Human Rights (ECHR) have repeatedly ruled on violations in similar cases. 

He pointed out that the ruling Justice and Development Party (AKP) ministers and MPs have often stated that such slogans are not criminal and fall within the scope of freedom of expression. "If we remember Hüseyin Çelik and Bülent Arınç, they proudly declared that using slogans like 'Guerilla' and 'Bijî Serok Apo (Long Live Leader Apo)' was not a crime in Turkey and was considered freedom of expression. Now, we have returned to the processes of the 1990s," Yılmaz stated.

Yılmaz described the act of making the detained youths listen to racist, nationalist anthems in police vehicles as an "act of vengeance." He said, "These actions are developed to satisfy individuals' emotions, which is very dangerous behavior."

Yılmaz also emphasized that all the mothers arrested during the operation in Gercüş are over 65-70 years old and suffer from various illnesses. He noted that one of the mothers has a 72% disability report. "One of them has daily medications for diabetes, hypertension, and heart disease. Prison conditions are not suitable for them due to both their age and their illnesses. Additionally, the physical conditions of the prison are not appropriate. They said there is no air conditioning or fans and no refrigerator in the area where they are held. They mentioned that these items are sold in the canteen, but the prices are so high that they cannot afford them. They also said they cannot access cold water during this hot summer," Yılmaz said.

He added that the mothers' detention reviews were conducted on Aug. 5, and the decision to continue their detention was upheld for the same reasons. "There are measures in the Penal Code other than detention. These people are of advanced age and have health problems. The investigation could continue under judicial control measures. They could be tried without detention, but the insistence on keeping them detained poses a risk to their health," Yılmaz concluded.