When the Kurdish Issue is in question, Turkish courts are quick to label the political opposition with ‘Terrorism.’  As a result of Anti-Terror laws, thousands of Kurds have been charged or are waiting for the outcome of their trials or appeals against convictions.

The Turkish Government has been criticised countless times by Human Rights groups for violations in relation to freedom of expression, freedom of organisation and freedom of association however yet again it is the Turkish Government who uses the ‘Terrorism’ word most irresponsibly. There are still thousands of people who have been imprisoned because they have shown an interest in solving the Kurdish Issue or have been active political members of groups who have undertaken political activity to represent or defend Kurds.

The courts in Turkey are relying on broadly drafted Anti-Terrorism laws introduced as provisions of the 2005 Turkish Penal Code plus case law to prosecute Kurds and any Political Opposition. The Anti-Terror laws are even used to prosecute people for offences which are not directly linked to any sort of ‘Terrorism.’

So much so, Victory signs via hands, applauding something, shouting slogans, throwing stones, carrying a lemon in your pocket (antidote for the gas extinguished by police) , wearing a scarf which represents the Kurdish opposition or even burning a tyre during protests are acts of ‘Terrorism’ and you could be convicted under the Turkish Penal Code.

Turkey is yet again living through its darkest days in relation to Human rights violations because of its bid to combat the PKK, KCK and BDP. Since 2004, the government of Turkey has embraced a new war concept against Kurds. This concept is completely illegal and doesn’t recognise any universal rules or laws. This oppression on Kurds is increasing exceptionally day by day and the AKP government has adopted a dangerous trend of categorizing everything they can as ‘Terrorism.’

The United Nations and European Union must pressurize the Turkish Government into making reforms or changes so that the trials of those waiting for convictions are halted and for the appeals of those who have been convicted to be accepted.

The Anti-Terrorism, crime and security legislation which was introduced in the post 9/11 period made way for an astonishing ‘Terrorist activity’ statistic for Turkey. The data below represents only the past four years. Just by observing these figures we can understand that the Turkish Republic has transformed into a regime which doesn’t recognise the value of any Human Rights.

 According to official data released by Turkey’s Justice Ministry, for the four years prior to the beginning of 2013, investigations were conducted on 76,576 people on grounds of being a member or manager of a terrorist organization. During the same four year people 20,256 people were sentenced for being an alleged ‘Terrorist’ whilst 10,790 people were acquitted.

 The 314/1 and 314/2 articles of the Turkish penal code which relate to managing a Terrorist organisation and/or membership of a terrorist organisation have made the Turkish republic notoriously renowned for the country which has made most investigations in the world for ‘Terrorism’ related activity.

 The 314th article of the Turkish penal code which is known to be the root of the accusations against those who have never been involved in any form of violence nor any hierarchic connection to outlawed groups was reflected in statistic data. This data showed that every 1 in a thousand people in Turkey have come under investigation for being potential ‘Terrorists’ and that one half of these have been convicted.

 In the past four years, in accordance with the provisions of the Turkish Penal Code, Investigations were made on 3,247 people for being in the management level of a ‘terrorist’ organisation and charges were made against 755 people. In the same period, 73,259 people were investigated for ‘membership to a terrorist organisation’ and prosecutors made charges against 25,633 people.

According to this, over the past 4 years in accordance with the provisions of new articles about alleged Terrorist activity, courts launched cases against a total of 26,388 people. In relation to other suspects, proceedings were stopped on certain cases; consolidation, incompetence, and decision of lack of jurisdiction on some, and certain files were passed on to other desks.

The combination of article 168 (prior to 1 June 2005) of the old Turkish penal code which handled ‘membership’ and ‘management’ related ‘Terrorist’ offences and the 169th article which related to ‘aid’ or helping a terrorist organisation made way for cases to be opened by the courts against 32,279 people.

 Turkish courts made decisions over the past 4 years on 38,135 people who were on trial for either ‘membership’ or ‘management’ of a terrorist organisation. 20,265 were convicted and imprisoned of which 340 were for ‘management’ and 19,925 for ‘membership.’ During the same period, the cases of 463 people for ‘management’ and 10,327 for ‘membership’ were dropped.

There was an explosion of cases and Investigations in 2012. In 2011 investigations were made on 17,777 people but in 2012 this went up to 28,484 new investigations. The decisions of the courts in 2012 is also worth examining. Whilst 4705 people were convicted in 2011, this number went up to 8,224 in 2012.

Management of a Terror affiliated group (TCK 314/1) / (Turkish Penal Code 314/1)  

Number of people under investigation - New cases

2009: 586                                                    169
2010: 618                                                    181
2011: 477                                                    117
2012: 1566                                                  288
Total: 3247                                                  755

Membership to a Terror Organisation (TCK 314/2) (Turkish Penal Code 314/2)

Number of people under investigation – New Cases
2009: 13.253                                               4430
2010: 15.858                                               6142
2011: 17.300                                               7033
2012: 26.918                                               8028
Total : 73.329                                            25.633

Court Decisions
Management of a Terror Organisation (TCK 314/1) / (Turkish Penal Code 314/1)
           Charged          Released              Other                  Total
2009:      90                    400                     583                   1073
2010:    123                      13                       96                      232
2011:      26                       20                     132                     178
2012:     101                      30                     112                      243
Total:      340                   463                      923                   1.726

Membership to a ‘Terror’ affiliated group
             Charged      Released      Other          Total 
2009:        2927            1268          1499           5694
2010:        4196             1405         3216           8817
2011:        4679              1555        2369           8603
2012:        8123              1929        3243         13295
Total:      19.925              6157     10.327        36.409