Attacks carried out by HTS and ISIS gangs in North and East Syria continue. In response to these attacks, the Kurdish people and human rights defenders who have come together all over the world condemn what is happening, and actions related to this continue everywhere. In Bakur (North Kurdistan), marches and protests are organized every day in different cities, and during the unlawful attacks on these actions, many people are beaten or detained. In protests over the last two weeks, hundreds of people were detained, and despite there being no ban decision, those detained were arrested on charges of “membership in an illegal organization” or “making propaganda for an illegal organization.” In Mardin, one of the cities where these detentions and acts of torture have been most intense, more than 100 people were detained both in the streets and through home raids, and more than 20 people were arrested.
Beating, threats, arrests continue
Similar arrests took place not only in Mardin but also in Şırnak, Urfa, Van, and Bitlis. During detentions that included children, people were subjected to ill-treatment, torture, insults, unlawful interrogation, fabrication of evidence through threats, and coercion into acting as informants. While lawyers filed objections regarding the detention processes, many detainees were prevented from giving statements, and lawyers were obstructed from exercising their right to defense.
Cemil Karakoyun, a member of the Mardin branch of the Lawyers for Freedom Association (ÖHD), emphasized that this process of detention, torture, and arrest has no legitimate basis and stated that it is aimed at frightening and intimidating the public. Listing the unlawful practices one by one, Karakoyun also drew attention to what Diyar Koç—who is still undergoing medical treatment—experienced, underlining the severity of the torture inflicted. Karakoyun noted that lawyers were also subjected to rights violations during this process, stating in particular that doctors did not issue assault reports in cases of beating and that examinations were conducted in the presence of police officers. He added that during home raids, people’s phone passwords were obtained through torture and that evidence was attempted to be fabricated by force.
Systematic violations of rights
Karakoyun said: “Since the beginning of the year, in Mardin and surrounding provinces, in Van, Diyarbakır, other nearby provinces, and regarding the massacres in Rojava, all citizens have carried out peaceful actions within their constitutional right to demonstrate and assemble. These actions have taken place across the country. However, during these actions, unfortunately both law enforcement and judicial authorities have acted unlawfully toward these peaceful protests. In this regard, law enforcement in particular has acted outside both the Criminal Procedure Code and the Constitution. All of these matters are, unfortunately, within the knowledge of us all. We can follow the rights violations and systematic torture occurring outside Mardin through the news or learn about them through our colleagues.”
Lies about detention of Diyar Koç
Speaking about what happened in Mardin, Karakoyun listed the unlawful practices experienced by both themselves and their clients one by one: “Throughout these processes, we systematically encountered unlawful practices both regarding individuals’ right to life and health, and our rights as defense lawyers were unfortunately restricted. In the initial stages, we faced very serious problems in overcoming this. One example is as follows: We had a client named Diyar Koç who was detained.
On the first day Diyar Koç was detained, we asked about him at the Anti-Terror Branch in Nusaybin—whether he was in custody or not. That evening, our colleague was informed that Diyar Koç was not in custody and was not at the Anti-Terror Branch. However, the next morning we learned that he was at the Diyarbakır Nusaybin State Hospital. In other words, although the detention had begun the previous day, we were given misleading information by law enforcement.”
Passwords were obtained under torture to fabricate evidences
Drawing attention to the violations, Karakoyun emphasized the violence faced especially by children and women. Stressing that the same violations occurred during home raids, he said: “In the days immediately following these peaceful protests, dawn raids were carried out on homes. During these raids, homes were seriously damaged and doors were broken. In addition to the person detained, their relatives were subjected to threats and insults. We have relatives of clients who were made to squat facing the wall and kept waiting for hours. Again, very serious cases of beating occurred while clients were being detained. As can be seen in apartment camera recordings, in front of family members, people were stepped on, handcuffed behind their backs, beaten, and struck with hard objects—systematic torture was carried out. Despite there being no search warrant for clients’ phones, phone passwords were forcibly obtained through torture and in front of their families in an attempt to fabricate evidence. The investigation is based on the evidence on these phones, and my client is under arrest.”
No assault reports issued
Karakoyun said: “In addition to this, problems were also experienced during hospital procedures regarding both the health and right to life of individuals. In Kızıltepe, when one of our colleagues tried to have the systematic torture inflicted on a person recorded in an assault report, this was not allowed. Apart from these, there are many people in Nusaybin who were detained, suffered material and physical damage, and were victims of torture. Law enforcement practices toward women and children have also constituted extremely bad examples. We learned that young people whose statements were attempted to be taken without lawyers were confronted with offers to become informants. They were forced into naming and identification.”
Stating that violations continued at every stage and that lawyers were also subjected to this situation, Karakoyun said: “As a result, both our rights as lawyers to defense were restricted, and our clients faced serious violations in terms of fair trial rights, as well as their rights to life and health. There are also allegations of ill-treatment at the police station. My clients stated that they were made to wait on their knees, facing the wall, for about two hours, that they were not given water or food, and that they were subjected to threats and insults. These statements were recorded in the interrogation minutes.”
No legal basis
Finally, emphasizing that the arrests have no legal basis, Karakoyun said: “The investigations and detentions carried out are aimed at suppressing citizens’ constitutional reactions to what is happening in Rojava. While the allegation of violating a military forbidden zone may be debatable, there is no legal basis for charges of membership in an organization or propaganda. Ultimately, these detentions and arrests are systematic practices aimed at frightening and intimidating the public.”