Memorandum submitted by Kurdish Human
Rights Project
1. The Kurdish Human Rights Project (KHRP)
is a UK-based independent, nonpolitical, non-governmental organisation
committed to protecting the human rights of all persons living
within the Kurdish regions irrespective of race, religion, sex
or political persuasion.
2. In this memorandum, KHRP has endeavoured
to focus upon essential issues only given the understandable constraints
imposed. Furthermore, the FCO annual human rights report reflects
a large number of human rights concerns, particularly in relation
to Turkey, that KHRP would wish to highlight. We have not commented
on these issues due to our agreement with the report.
3. In a general comment however, KHRP is
concerned and surprised that the extensive human rights violations
against Kurds are not specifically referred to in the FCO annual
human rights report. This supports the international community's
failure to call Iran, Iraq, Syria, Turkey, Azerbaijan and Armenia
to account for the treatment of their Kurdish population. With
numbers in the region of 20 to 30 million, the Kurds are accepted
as the largest stateless ethnic group in the world and the fourth
largest ethnic group in the Middle East. There has been a consistent
pattern of human rights atrocities towards the Kurds, including
the Anfal campaigns in Iraq, enforced disappearance in Turkey,
and inhuman and degrading treatment and torture throughout the
Kurdish region, most of which continue to this day.
4. In a further general comment, KHRP welcomes
the report's references to human rights violations in Turkey but
criticises the report for not dedicating a section to Turkey in
Chapter, 1 "Challenges and Progress". Turkey's candidacy
for EU membership raises a significant need for a more in-depth
analysis of the general human rights progress in Turkey.
Human Rights Challenges and progress—P.
16
5. While the FCO human rights report in
its general introduction to Chapter 1 makes reference to the "impressive
legal reforms in Turkey, another candidate for EU membership"
and KHRP equally welcomes this legislative reform, the degree
to which this reform has yet to be translated into practical reality
should not be underemphasized by the report at any point through
simplistic statements which belie the true state of affairs in
Turkey today.
Iraqi Tribunal—P. 21
6. The FCO annual human rights report states
on page 22 that in relation to an Iraqi war crimes tribunal "We
have always believed that this is a matter for the Iraqis themselves
to decide, with suitable international help". KHRP condemns
this policy, particularly in relation to the possibility that
the Iraqi Special Tribunal may have the power to impose the death
penalty. Throughout the FCO annual human rights report it is clear
that the UK is against the death penalty and yet in relation to
Iraq this issue has not been sufficiently addressed when determining
the powers of the Tribunal.
Minorities in Iran—P. 44
7. While KLHRP welcomes the report's outline
of the serious human rights violations in Iran, KHRP is concerned
that the numerous human rights violations against Iran's estimated
4 million Kurds are not adequately addressed.
8. Furthermore, the report places particular
emphasis on religious minorities including the Sunnis without
noting that Article 13 of the constitution of the Islamic Republic
of Iran states that the "Zoroastrian, Jewish, and Christian
Iranians are the only recognised religious minorities, who, within
the limits of the law, are free to perform their religious rites
and ceremonies, and to act according to their own canon in matters
of personal affairs and religious education."
9. KHRP's concern regarding this matter
is two-fold. In the first instance, Iranian Kurds, who are majority
Sunni, are not protected by the constitution.
10. More importantly however, Kurds are
subjected to human rights abuses not only because of their religion
but more often than not simply because they are Kurds. By failing
to specifically recognise any minorities other than religious,
the FCO annual human rights report further endorses the Iranian
authorities policy of not accepting minorities on the basis of
linguistic, racial or other such criteria. The effects of such
a policy are that the rights of these groups remain unprotected.
The European Court of Human Rights—P. 103
11. KHRP acknowledges the report's admission
that "NGOs did not agree with recommendations to introduce
filter mechanisms that would reduce the number of cases given
full consideration by the Court." However, this statement
is extremely misleading and it is not clear whether the report
is referring to the proposed filter mechanisms for Article 28
or the four proposals for Article 35. KHRP generally agrees with
the proposed amendment to Article 28 in the "Interim Activity
Report by the Steering Committee for Human Rights (CDDH)—Guaranteeing
the long-term effectiveness of the European Court of Human Rights",[44]
which would reduce the workload of the Court. However, KHRP is
opposed to all four proposals for amendment of Article 35 as they
would not decrease the Court's workload but merely increase it
in the initial admissibility stages. In addition the proposals
would curtail the right of application.
12. KHRP also notes that the date "November
2004", referred to in the annual report for the preparation
of a draft amending protocol to the European Convention on Human
Rights, is incorrect. The amending protocol must be passed at
the 114th Session of the Committee of Ministers in May 2004.
13. KHRP is concerned that the annual human
rights report does not give enough coverage to the proposed reforms
of the European Court of Human Rights, particularly as the report
accepts that the Court "is the only one to offer such a comprehensive
protection of human rights and they deal with inter-state petitions
and a vast number of individual applications."
Human Rights and the Environment—P. 159
14. The FCO annual human rights report fails
to give due weight to environmental issues and their impact upon
human rights. Simple reference to principles such as good governance,
public participation in environmental decision-making and transparency
only permits an abstract understanding of the gravity of the situation.
It would be far more appropriate for the report to make a more
detailed summary of the issues as they are faced in certain countries,
and how their existence undermines efforts to ensure that all
people are able to exercise their human rights.
15. The report also fails to stress the
circular connection between environmental and human rights issues.
For example, to say that by giving people access to information
regarding pollution affecting their communities enables the affected
community to take action or prevent pollution, takes no account
of the fact that often the worst affected communities are those
that exist in areas where to take action is not a realistic option.
It is for this reason that these communities are so badly affected
to begin with.
16. The Kurdish communities in Turkey can
be seen as an example of this problem in practice. Both the GAP
dam project and the Baku-Ceyhan oil pipeline are infrastructure
developments that have a huge impact upon Kurdish communities;
causing displacement and undermining traditional ways of life.
This has often been carried out in the absence of public participation
in the decision-making process surrounding such developments.
17. This absence is permissible only because
in Turkey the right to challenge government policy does not exist
for many. Unfortunately, nothing could undermine the ability of
these communities to enjoy their environmental human rights more
than the international recognition and support given to these
projects. Such support appears to be given in the absence of a
true appreciation of how environmental developments undermine
human rights.
Torture in Turkey—P. 171
18. With regard to the reports analysis
of the situation in relation to torture in Turkey, KHRP would
like to direct the FCO to the reports of the International Federation
of Human Rights Leagues (FIDH). After visits to Turkey in December
2002 and January 2003 FIDH expressed its concerns about the ".
. .increasing use of more sophisticated methods of torture, detectable
only by advanced forensic investigation methods, which are rarely
available."[45]
FIDH reported that this practice had come "after the recent
shortening of the custody period in the Turkish criminal system"
and that "the practice of abducting and torturing people
without bringing them into custody has allegedly increased in
the last few years, especially in Istanbul, Izmir and Ankara,
as a means of circumventing the new regulations on custody periods."[46]
In this report FIDH went on note that ". . .there is no decrease
in the infliction of torture compared to previous years in Turkey"
and cited the "de facto impunity of torturers" as a
significant obstacle in reducing its occurrence.[47]
19. As a result, the number of arrests and
prosecutions for the perpetration of torture and unlawful killing
is low in comparison to the number of reported incidents. Convictions
are rare and punishment, when given, is usually inappropriately
minimal or retracted at a later date. In its recent publication,
FIDH reported information given by the Minister of Justice Cemil
Cicek that "while 4600 people had been charged with torture,
80% of these did not end up before a court."[48]
20. KHRP further directs the Foreign Affairs
Committee to a KHRP publication entitled "Torture in Turkey",
where in the first three months of 2003 alone, it was reported
that 392 people were subject to ill treatment and torture in the
Kurdish regions of Southeast Turkey.[49]
21. Thus, KHRP questions who are the domestic
human rights advocates and foreign observers that "have noted
a gradual decrease in the practice of torture" as referred
to on page 172 of the annual human rights report and disputes
the information provided.
Conclusion
22. KHRP is concerned that the FCO annual
human rights report is lacking in concrete impartial information
with regards to human rights violations in the Kurdish regions.
KHRP has assisted more than 400 individuals to lodge complaints
with the European Court of Human Rights since 1996. Furthermore,
KHRP continues to collect impartial evidence in the regions through
fact-finding missions and trial observations. KHRP recommends
that in compiling next year's report the FCO should contact such
organisations as KHRP who can assist in providing an accurate
account of the human rights situation in the Kurdish areas.
Kurdish Human Rights Project
44 Strasbourg 26.11.2003-CDDH(2003)026 Addendum I Final. Back
45
FIDH, "After sending a mission to Turkey, the FIDH urges
Turkish authorities to take further steps to eradicate torture",
9 January 2003. Back
46
FIDH Report, International Investigative Mission, Turkey: Torture,
Still a routine practice, No 36 1/2, May 2003. Back
47
Ibid. Back
48
FIDH Report, International Investigative Mission, Turkey. Human
Rights in the Kurdish Southeast. Alarming situation despite extensive
legal reform, 367/2, July 2003. Back
49
KHRP, "Torture in Turkey: The ongoing practice of Torture
and Ill-Treatment", January 2004 p. 9. Back
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