By Esra Aygin
In a landmark decision last
week, a Turkish Cypriot court ruled that police, by intervening in a 2011
demonstration against Turkey’s then prime minister, Recep Tayyip Erdogan,
violated fundamental rights and freedoms.
Drawing from articles 10 and
11 of the European Convention on Human Rights covering the right to peaceful
protest, judge Mine Gucluer Ozankaya found the police guilty of violation of
the freedoms of expression and assembly. She also found the police guilty of
assault, wrongful arrest and false imprisonment.
On July 19, 2011, members of
a number of Turkish Cypriot trade unions, civil society organisations and
political parties had gathered in central Nicosia to protest Erdogan, who had
arrived on the island that day. Police violently broke up the demonstration and
arrested six people. Video footage shows police punching, kicking and dragging
protesters and confiscating their placards.
The case, which was concluded
last week, was brought by protestor Nevzat Hami, against police officer Gursel
Gunduzler, the Turkish Cypriot police and the Turkish Cypriot security forces,
which report directly to Ankara. Hami was assaulted, arrested and spent 21
hours under detention.
As she handed the verdict
down, judge Ozankaya stated that the demonstration against Erdogan continued in
a peaceful manner until “police officers intervened to disperse the protesters
through disproportionate use of violence.” She said that the police acted with
“malevolence and despotism”.
Judge Ozankaya ruled that in
addition to the violation of freedom of expression and assembly, Hami was
assaulted, wrongfully arrested and deprived of his right to freedom through
false imprisonment during which he was not informed of the reasons for his
arrest and the charges against him.
The judge awarded Hami 22,250
Turkish lira (around 3,500 euros) in non-pecuniary damages. She also decided on
exemplary damages of 20 per cent for “oppressive, arbitrary and
unconstitutional action” increasing the total to 26,700 Turkish lira (around
4,200 euros).
The Turkish prime minister at
the time, Erdogan had arrived on the island on July 19, 2011 to attend the July
20 parade marking the anniversary of the Turkish military operation in Cyprus.
The demonstrations were aimed at protesting Ankara’s policies in the northern
part of Cyprus as well as Erdogan’s recent statements that were deemed
offensive by Turkish Cypriots.
The year 2011 was
particularly tense in the relations between Turkey and the north after Turkey imposed
an economic programme that included austerity measures and the privatisation of
a number of state owned enterprises.
To protest the economic
programme, Turkish Cypriots organised a huge demonstration against the AKP
government in January 2011.
“We don’t want your money,
your officials or your measures,” was one of the main banners at the
demonstration while the protestors chanted, “Ankara, get your hands off our
collar.”
Erdogan’s reaction to the
protest was particularly harsh: “They tell Turkey to get out,” he complained.
“Who are you? I have martyrs there. I have veterans there. I have strategic
interests there… It is noteworthy that those fed by us, are behaving this way.”
These statements prompted
even bigger protests by Turkish Cypriots in March and April.
On July 19, under strict
orders to ensure calm and order, police had first raided the building of the
Turkish Cypriot Civil Servants’ Union (KTAMS), confiscated a banner that read
“You give us one, you take five and then you shamelessly say you feed us,” and
detained two trade unionists.
Strict security measures were
also taken with armed police and soldiers lining the way of Erdogan’s entourage
while helicopters circled the sky.
Police intolerance and
measures against demonstrations have been increasing in the north in parallel
with intensifying police violence in Turkey.
An attempt to bring a riot control vehicle to the island was blocked in
2013 after a huge outcry by Turkish Cypriots.
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