Country of Origin Information Report

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Country of Origin Information Report

Turkey

29 August 2008



UK Border Agency

Country of Origin Information Service

Contents
Preface
Latest News
Events in Turkey From 25 August to 29 August 2008

Reports on turkey published or accessed since 29 August 2008
Paragraphs

Background Information
1. Geography 1.01

Map 1.07

Population 1.08

2. Economy 2.01

3. History 3.01

Recent history 3.01

Recent political developments 3.04

European Union reforms 2007 3.09

4. Recent Developments 4.01

Terrorism in 2007-08 4.01

5. Constitution 5.01

6. Political System 6.01

Turkish Grand National Assembly (TGNA) 6.01

National Security Council (MGK) or (NSC) 6.03


Local government 6.07
Human Rights
7. Introduction 7.01

8. Security Forces 8.01

Intelligence agency (MIT) 8.03

Police 8.05

Other government forces 8.15

Jandarma/Gendarmerie 8.15

Village guard 8.17



Torture 8.25

Turkish Armed Forces 8.40

Discrimination in armed forces 8.42



Extra-judicial killings 8.47

9. Military Service 9.01

Deferring military service 9.06

Evasion of military service and punishment 9.09

Conscientious objectors (vicdani retci) 9.11

Posting after completion of basic training 9.19

10. Judiciary 10.01

Organisation 10.01

Independence 10.05

The Court System 10.09

Courts 10.10

Military courts 10.11

Military criminal courts (Askeri Ceza Mahkernesi) 10.11

Military criminal court of cassation (Askeri Yargitay) 10.14


State security courts (DGM) 10.16

The constitutional court (Anayasa Mahkemesi) 10.21

Fair trial 10.27

Penal code 10.32

Code of criminal procedure 10.36

11. Arrest and detention 11.01

Legal rights 11.01

Warrants and court summonses 11.07

Length of pre trial detention 11.09

Right to legal advice 11.10

Mistreatment in detention 11.20

Legislative framework to prevent mistreatment in prisons
and detention 11. 33


Government and other initiatives to prevent mistreatment
in prisons and detention 11.40


12. Prison conditions 12.01

E and F-Type prisons 12.07

Military prisons 12.16

Monitoring of prison conditions 12.19

13. Death penalty 13.01

14. Political affiliation 14.01

Freedom of political expression 14.01

Freedom of association and assembly 14.09

15. Freedom of speech and media 15.01


Journalists 15.06

Media and press 15.17

The High Board of Radio and Television (RTÜK) 15.21

Internet 15.26

16. Human rights institutions, organisations and activists 16.01

Human Rights Advisory Board (IHDK)/Human Rights
Presidency and Human Rights boards/councils
16.09


Reform monitoring group 16.19

Parliamentary human rights commission/Parliamentary
human rights investigation committee
16.21


Ministry of interior’s investigation office 16.23

Prison inspection committees/Prison monitoring board 16.25

The gendarmes investigation and evaluation centre for
human rights abuse issues (JIHIDEM) 16.28


European Court of Human Rights (ECTHR) 16.33

17. Corruption 17.01

18. Freedom of religion 18.01

Headscarves 18.13

Alevis including Alevi Kurds 18.20

Beliefs and practices of Alevis 18.25

Difficulties and problems for Alevis 18.29

Mystical Sufi and other religious social orders and lodges 18.33


Non Muslim minorities 18.35

Christians 18.40

Jews 18.45

19. Ethnic groups 19.01

Kurds 19.07

Kurdish language 19.14

Teaching in Kurdish 19.20



Pro Kurdish political parties 19.25

Hadep 19.35

Hadep membership cards 19.37

Relatives of Hadep 19.39

Dehap/Democratic Society Party (DTP) 19.41

PKK/Kadek/Kongra-Gel and the conflict in the south east 19.45

Relatives of PKK 19.60

Newroz/Nevruz celebrations 19.62

Arabs 19.65

Caucasians 19.68

Armenians 19.71

Greeks 19.77

Roma 19.80

20. Lesbian, gay, bisexual and transgender persons 20.01

Legal rights 20.01

Government attitudes 20.04

Social and economic rights 20.13

Societal ill-treatment or discrimination 20.15

Transvestites 20.19


Transsexuals 20.22

21. Disability 21.01

People with disabilities 21.01

22. Women 22.01

Legal rights 22.04

Political participation of women 22.12

Social and economic rights 22.18

Employment and gender equality 22.22



Marriage 22.29

Forced marriages 22.32



Violence against women 22.37

Honour killings 22.53

Women suicides in Turkey 22.62

Virginity testing 22.68

Treatment of women in detention 22.73

Complaints procedure for women mistreated in custody 22.80

Protection of victims of violence 22.83

Women’s organisations 22.93

Women’s NGOs 22.97

23. Children 23.01

Basic Information 23.01

Unregistered children 23.07

Age of consent 23.16

Customary marriages 23.19

Child abuse 23.24

Child labour 23.32



Legislative framework 23.46

Education 23.51


Religious education 23.63

Child care 23.71

Health issues 23.77

Mistreatment of children in detention 23.80

24. Trafficking 24.01

Support and assistance 24.13

Training activities 24.21

25. Medical issues 25.01

Overview of availability of medical treatment and drugs 25.01

Pharmacies 25.08

HIV/AIDS – anti-retroviral treatment 25.10

Cancer treatment 25.13

Kidney dialysis 25.17

Tuberculosis (TB) 25.18

Deaf and hearing impaired 25.21

Mental health 25.23

Home health care 25.33

26. Freedom of movement 26.01

Nüfus card/identity card 26.09

27. Internally displaced people (IDPs) 27.01

Compensation 27.08

28. Foreign refugees 28.01

Treatment of foreigners seeking asylum in Turkey 28.01

29. Citizenship and nationality 29.01

30. Exit/entry procedures 30.01

Treatment of returned failed asylum seekers 30.06

The problem of falsified documents 30.11

The General Information Gathering System (GBTS) 30.13

31. Employment rights 31.01

Labour Act of Turkey 31.01

Major Trade Union Confederations 31.12

Main Employers’ Associations 31.21
Annexes
Annex A – Chronology of major events

Annex B – Political organisations

Annex C – Prominent people

Annex D – Administration of Justice

Annex E – The Court System

Annex F – List of abbreviations

Annex G – References to source material

Preface________________________________________
i This Country of Origin Information Report (COI Report) has been produced by COI Service, UK Border Agency (UKBA), for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. The main body of the report includes information available up to 24 August 2008. The ‘Latest News’ section contains further brief information on events and reports accessed from 25 August 2008 to 29 August 2008. This COI Report was issued on 23 September 2008.

ii The Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any UKBA opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process.

iii The Report aims to provide a brief summary of the source material identified, focusing on the main issues raised in asylum and human rights applications. It is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly.
iv The structure and format of the COI Report reflects the way it is used by UKBA decision makers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report.
v The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated.

vi As noted above, the Report is a collation of material produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties, etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term ‘sic’ has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material.

vii The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued.
viii This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the COI Service upon request.
ix COI Reports are published regularly on the top 20 asylum intake countries. COI Key Documents are produced on lower asylum intake countries according to operational need. UKBA officials also have constant access to an information request service for specific enquiries.
x In producing this COI Report, COI Service has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to the UKBA as below.
Country of Origin Information Service

UK Border Agency

Apollo House

36 Wellesley Road

Croydon CR9 3RR

United Kingdom


Email: cois@homeoffice.gsi.gov.uk

Website: http://www.homeoffice.gov.uk/rds/country_reports.html

Advisory Panel on Country Information

xi The independent Advisory Panel on Country Information (APCI) was established in 2003 to make recommendations to the Home Secretary about the content of the UK Border Agency’s country of origin information material. The APCI welcomes all feedback on UKBA’s COI Reports, Key Documents and other country of origin information material. Information about the Panel’s work can be found on its website at www.apci.org.uk
xii In the course of its work, the APCI reviews the content of selected UKBA COI documents and makes recommendations specific to those documents and of a more general nature. The APCI may or may not have reviewed this particular document. At the following link is a list of the COI Reports and other documents which have, to date, been reviewed by the APCI: www.apci.org.uk/reviewed-documents.html
xiii Please note: It is not the function of the APCI to endorse any UKBA material or procedures. Some of the material examined by the Panel relates to countries designated or proposed for designation for the Non-Suspensive Appeals (NSA) list. In such cases, the Panel’s work should not be taken to imply any endorsement of the decision or proposal to designate a particular country for NSA, nor of the NSA process itself.
Advisory Panel on Country Information:

Email: apci@homeoffice.gsi.gov.uk

Website: www.apci.org.uk

Latest News


Events in Turkey from 25 August 2008 to 29 August 2008

29 August A group of PKK terrorists opened fire on a truck in Southeastern province of Hakkari, killing the truck driver and injuring two soldiers and three village guards on Thursday.

Terrorist Attack On Truck Kills One And Injures Five Others, 29 August 2008 http://www.turkishpress.com/news.asp?id=249249

29 August Turkey’s President Abdullah Gul said that a solution in Cyprus could be found under the roof of United Nations, within the framework of UN Secretary-General’s goodwill mission, based on realities in the island and with a new partnership to be established by two equal communities and two founder countries.

Turkey Reiterates Need For A Fair, UN-led Solution In Cyprus Ahead Of Peace Talks, 29 August 2008 http://www.turkishpress.com/news.asp?id=249252


28 August Demolitions continue in the Sulukule district of Istanbul today. Roma communities have lived in the Sulukule area of Istanbul for centuries. The members of the Sulukule Platform say buildings are being demolished without taking precautions, while people and children are around.

Demolitions Continue In The ‘Gypsy’ Neighborhood Of Istanbul, 28 August 2008 http://www.bianet.org/english/kategori/english/109364/demolitions-continue-in-the-gypsy-neighborhood-of-istanbul


28 August Gen. Yaşar Büyükanıt handed over his duty to the new Chief of General Staff, Gen. İlker Başbuğ. Başbuğ emphasized that the concept of nation-state was not open to discussion and ethnically there could not be new rights under constitutional rule.

New Chief Of Staff Insists On Not Recognizing The Kurdish Identity, 28 August 2008 http://www.bianet.org/english/kategori/english/109367/new-chief-of-staff-insists-on-not-recognizing-the-kurdish-identity

26 August A court in Turkey has lifted a ban on YouTube, the video sharing website, after hundreds of sites voluntarily blocked themselves in protest at growing internet censorship. Access to YouTube had been blocked since May in the latest of a series of bans triggered by the posting of videos deemed insulting to Mustafa Kemal Atatürk, founder of the modern Turkish state… Websites can be blocked under Article 5651 of the Turkish penal code for a range of offences including insulting Atatürk

Turkish court lifts YouTube ban after online censorship protest, 26 August 2008 http://www.guardian.co.uk/world/2008/aug/26/turkey.youtube

26 August The office of the governor of Bitlis province said 14 rebels were killed in a clash with Turkish soldiers aided by village guards near the town of Mutki. Five guards were also killed. Two other rebels were killed Tuesday near the city of Mardin.

21 killed in clashes in Turkey, 26 August 2008 http://www.iht.com/articles/ap/2008/08/26/europe/EU-Turkey-Kurds.php

Reports on Turkey published or accessed since 29 August 2008
Religious Freedom in Turkey 2008, published 31 July 2008

http://www.jubileecampaign.nl/downloads/File/Religious%20Freedom%20Turkey%20July%202008%20Jubilee%20Campaign%20NL.pdf

(Accessed 1 September 2008)

Background Information


1 Geography
1.01 The Republic of Turkey covers an area of approximately 780,580 square kilometres. Turkey is located between south-eastern Europe and south-western Asia (that portion of Turkey west of the Bosporus is geographically part of Europe), bordering the Black Sea, between Bulgaria and Georgia, and bordering the Aegean Sea and the Mediterranean Sea, between Greece and Syria. Its border countries are Armenia 268 km, Azerbaijan 9 km, Bulgaria 240 km, Georgia 252 km, Greece 206 km, Iran 499 km, Iraq 352 km, and Syria 822 km. (CIA World Factbook updated 15July 2008) [103]

1.02 The capital city is Ankara, and there are 81 provinces consisting of Adana, Adiyaman, Afyonkarahisar, Agri, Aksaray, Amasya, Ankara, Antalya, Ardahan, Artvin, Aydin, Balikesir, Bartin, Batman, Bayburt, Bilecik, Bingol, Bitlis, Bolu, Burdur, Bursa, Canakkale, Cankiri, Corum, Denizli, Diyarbakir, Duzce, Edirne, Elazig, Erzincan, Erzurum, Eskisehir, Gaziantep, Giresun, Gumushane, Hakkari, Hatay, Icel (Mersin), Igdir, Isparta, Istanbul, Izmir, Kahramanmaras, Karabuk, Karaman, Kars, Kastamonu, Kayseri, Kilis, Kirikkale, Kirklareli, Kirsehir, Kocaeli, Konya, Kutahya, Malatya, Manisa, Mardin, Mugla, Mus, Nevsehir, Nigde, Ordu, Osmaniye, Rize, Sakarya, Samsun, Sanliurfa, Siirt, Sinop, Sirnak, Sivas, Tekirdag, Tokat, Trabzon, Tunceli, Usak, Van, Yalova, Yozgat, Zonguldak. (CIA World Factbook updated 15 July 2008) [103]

1.03 As noted in the CIA FactBook (updated 15 July 2008) Turkish is the main spoken language. In addition to the official language it also mentions Kurdish, Dimli (or Zaza), Azeri, Kabardian and there is also a substantial Gagauz population in the Europe part of Turkey. [103] In addition, the following languages are also spoken by some populations in Turkey: Abaza, Abkhaz, Adyghe, Albanian, Arabic, Armenian, Ashkaraua, Bulgarian, Crimean Turkish, Dimli, Domari, Gajol, Georgian, Greek, Hértevin, Kazakh, Kirghiz, Kirmanjki, Kumyk, Ladino, Laz, Osetin, Pomak, Romani, Serbian, Tatar, Turkmen, Turoyo, Uyghur, Uzbek. [114]
1.04 The US State Department Report on International Religious Freedom, published on 14 September 2007, reported that:
“According to the Government, 99 percent of the population is Muslim, the majority of which is Sunni. According to the human rights nongovernmental organization (NGO) Mazlum-Der and representatives of various religious minority communities, the actual percentage of Muslims is slightly lower. The Government officially recognizes only three minority religious communities--Greek Orthodox Christians, Armenian Orthodox Christians, and Jews--although other non-Muslim communities exist.” [5e] (SSection 1)
1.05 The US State Department International Religious Freedom Report 2007, released on 14 September 2007, noted that:

“In addition to the country's Sunni Muslim majority, academics estimated there were 15 to 20 million Alevis, followers of a belief system that incorporates aspects of both Shi'a and Sunni Islam and draws on the traditions of other religions indigenous to Anatolia as well… The Government considers Alevism a heterodox Muslim sect; however, some Alevis and absolutist Sunnis maintain that Alevis are not Muslims.” [5e]

1.06 The USSD Religious report 2007 also noted that:
“There are several other religious groups, mostly concentrated in Istanbul and other large cities. While exact membership figures are not available, these religious groups include approximately 65,000 Armenian Orthodox Christians, 23,000 Jews, and up to 4,000 Greek Orthodox Christians. The Government interpreted the 1923 Lausanne Treaty as granting special legal minority status exclusively to these three groups, although the treaty text refers broadly to ‘non-Muslim minorities’ without listing specific groups... There also are approximately 10,000 Baha'is; an estimated 15,000 Syrian Orthodox (Syriac) Christians; 5,000 Yezidis; 3,300 Jehovah's Witnesses; 3,000 Protestants; and small, undetermined numbers of Bulgarian, Chaldean, Nestorian, Georgian, Roman Catholic, and Maronite Christians.” [5e]
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Go to list of sources
Map
1.07 Map of Turkey courtesy of CIA World FactBook:

https://www.cia.gov/cia/publications/factbook/geos/tu.html

See also links to more detailed maps of Turkey:
http://www.factmonster.com/atlas/country/turkey.html
http://www.lib.utexas.edu/maps/middle_east_and_asia/turkey_pol83.jpg
Population

1.08 It was reported by the CIA World Factbook, last updated 15 July 2008, the population of Turkey exceeded 71,892,807 (July 2008 est.) [103] while it was reported by Jane's Sentinel Country profile, updated 26 Feb 2008, that the population was in the region of 70,586,256 (TURKSTAT, 2007). [81a]


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