No opening of floodgates for torture and arbitrary detention!

“The declaration of a state of emergency in Turkey must be a wake upcall for all. The alarm bells are ringing loud and clear”, said GeraldStaberock, Secretary General of the OMCT commenting on the declaration of astate of emergency by Turkey’s President Erdogan during a press conference yesterdaynight.

The state ofemergency, declared for three months, allows the president and the Council ofMinister to rule by decree, bypassing in this way the parliament when draftingnew laws and concentrating into the hands of a few people the power to restrictor suspend rights and freedoms. Despite President Erdogan’s words ensuring that“this measure is in no way against democracy, the rule of law and freedoms”,OMCT is concerned that floodgates for abuse have been put wide open.

“What wewitness today is a cocktail for abuse and torture” said Gerald Staberock “All ingredients are there: mass arrests onthe basis of vague grounds and generic suspicions, a system tantamount todetention without charge or trial, paired with disturbing accounts of deniedaccess for detainees to lawyers and the outside world”.

With a judiciarywhose independence has been destroyed and with the intensification ofintimidation and reprisals against anybody questioning arrests and detention,we are concerned that a state of emergency will result in a full derogation of keylegal safeguards.

“The legacy – including in Turkey – of states of emergencies is repletewith arbitrary detention, abuse and torture” remarks Gerald Staberock. Itis also for this that military coups are universally condemned. ‘It is now vital that key legal safeguardsare maintained and that anybody arrested is charged with a recognizable crimeand treated within the rule of law”.

We remind thegovernment of Turkey that the prohibition of torture and cruel, inhuman ordegrading treatment applies in war, peace and in a state of emergency, andconstitutes a crime under international law. It is its obligation underinternational law not only to refrain from torture but to ensure that it isprevented at all times.

International humanrights law allows for security measures to be taken in a crisis situation but asa continuation and not abrogation of the rule of law.

We further expressconcern over the unprecedented and illegal interferences into the judiciary aswell as the enactment of arbitrary measures against masses of state officials,teachers and other professional groups outside of any due process. Considerationssuggesting the reintroduction of the death penalty are particularly disturbingas this will not only violate Turkey’s international obligations, but also seta dangerous precedent in the present volatile environment.

“As in many state of emergencies we hear state officials saying thatordinary citizens have nothing to fear and it only serves to maintain democracy”notes Gerald Staberock. “Yet theprinciple of the winner takes is all and a “trust me, believe me” approach arenot compatible with democracy and the rule of law. In a democracy based on therule of law even in times of crisis key guarantees have to apply to whoever, friendor not”.

For more information please contact: Stella Anastasia
Human Rights Officer, World Organisation Against Torture (OMCT)
sa@omct.org, +41 (0) 22 809 49 26