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Rule of Law & Arbitrary Detention

Rights groups say 2,278 people tortured, 11 abducted in Turkey in 2017

The Human Rights Association (İHD) and the Human Rights Foundation of Turkey (TİHV) on Saturday said 2,278 people were tortured and 11 abducted in Turkey during the first 11 months of 2017, Gazeteduvar reported.

Releasing a human rights report in Turkey under an ongoing state of emergency, the IHD and TİHV noted that human rights violations have reached worrying levels in Turkey. Recalling that the ruling Justice and Development Party (AK Party) government has issued 28 decree-laws since July 20, 2016, and that only five of them were approved on time by Parliament despite the fact that all legislation must be approved in accordance with the Turkish Constitution, the IHD and TİHV underlined that with its state of emergency decrees the government has created guarantees for state officials that they will not be prosecuted for violations committed during the period of emergency rule.

According to the report issued by the two rights organizations, security forces killed 36 people and wounded 12 in extrajudicial killings and by firing arbitrarily into a crowd on the pretext that they did not obey an order to stop, in the first 11 months of 2017.

A total of 695 people including 183 soldiers, 460 militants and 52 civilians were killed and 310 injured during clashes in Turkey.

Twenty-three people including six children were killed and 46 injured in accidents involving armored security vehicles.
A total of 570 people applied to the TİHV as victims of torture; 2,278 faced torture and maltreatment with 423 of such cases took place while in detention.

According to the İHD report, by May 30, 2017, 11 abduction or enforced disappearance cases had been reported in Turkey.
As of Nov. 1, there were 230,735 people in Turkish prisons, including 1,037 with health problems. The prison population numbered 178,089 in 2015 and 154,179 in 2014.

Source: https://turkeypurge.com/rights-groups-say-2278-tortured-11-abducted-turkey-2017

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Turkish Media Worker Zafer Özsoy Faces 3 Life Sentences With No Evidence

A Turkish media worker, who has been behind bars for 478 days, faces three consecutive life sentences and additional 15 years in jail on fabricated terrorism and coup plotting charges.

Zafer Özsoy, 44-year-old media professional who specializes in broadcasting network and satellite uplink services, is charged under Turkey’s abusive anti-terror laws when his company FİA was found to have provided infrastructure services to critical media outlets.

The company does not get involved in editorial policies of the clients that it provided services yet he stands accused of attempting to overthrow the constitutional order, the Turkish government and the Turkish Parliament without any evidence to back up any of the charges.

Özsoy started his media career at Cihan News Agency in 1995 right after he graduated from İstanbul University’s Radio and Television department. He had worked almost for 20 years at the same company’s various departments. Thanks to his experience and extensive network of contacts, he became one of the best media professional in his field of expertise.

Starting in 2014, Erdoğan’s government intensified pressure on Cihan news agency and its clients, forcing the company to downsize a year later to survive by shedding some of its assets and laying off workers.

Özsoy and his colleagues who worked together for years decided to establish their own production company FİA that would serve live streaming, broadcasting and digital video content for businesses. FİA purchased some of the technical equipment from the Cihan news agency under a deal that included negotiated fee for severance and compensation payments.

However, on March 7, 2016, Turkish government unlawfully seized both the Cihan news agency and FİA as part of the escalating crackdown on critical media outlets in Turkey. Özsoy and his partners were the first ones who were fired by the government appointed trustees who took over the management of these companies.

After working 20 years in media industry, Özsoy’s dream to run his own company with a selected team of his own was over but the worst was yet to come.

He was detained on July 27, 2016 at his home in İstanbul following detention warrants were issued for 47 journalists on dubious charges. He was formally arrested on August 4, 2016 over alleged links to FETÖ, a hoax terror organisation that was fabricated by the regime of autocratic President Recep Tayyip Erdoğan to defame the civic Gülen movement. He was sent to notorious Silivri Prison pending trial.

During the interrogation, Özsoy was asked why he continued to work for “Zaman Newspaper” when Turkey’s biggest corruption investigations incriminating cabinet ministers and President Erdoğan’s family members were made public at the end of 2013. Erdoğan, then prime minister, presented graft probes as a coup attempt against his government and accused critical media outlets, which covered the graft scandal, of being traitors and coup plotters against his government. Özsoy told his interrogators that he has never worked in Zaman newspaper.

The police even asked Özsoy whether he made any contribution to a piece written by Today’s Zaman former editor-in-chief Bülent Keneş who forewarned that a coup would be terrible for Turkey’s future, in an article Keneş wrote on July 8, 2016. Özsoy replied “I heard about the article for the first time here.” Keneş has also been indicted over absurd terrorism charges in several cases and remain at large. Ironically, this question was asked to all suspects who were detained along with Özsoy on July 27, 2016.

Özsoy appeared before judges for the first time in 14 months after he was arrested on September 18, 2017. The most difficult moment of the hearing was that he had to defend himself against the indictment that included no direct accusation on him. The public prosecutor mentioned his name twice in 64-page indictment. The first citation of him is recorded among the list of defendants in the first part of the indictment. The second and the last was in the list of suspects for whom the prosecutor demanded severe punishment for him. The prosecutor did not bother to present any evidence against the suspect whom he asked for sentencing that amounted to three life sentences and additional 15 years in prison.

As expected the court ruled for the continuation of his arrest pending next hearing which will be held on December 8, 2017.

Özsoy who is married with two children and known for his Formula-1 passion is looking forward to being free one day and reuniting with his loved ones.

Turkey is the biggest jailer of journalists in the world. The most recent figures documented by the SCF has showed that 256 journalists and media workers are in jails as of November 21, 2017, most in pre-trial detention languishing in notorious Turkish prisons without even a conviction. Of those in Turkish prisons, 230 are arrested pending trial, only 26 journalists remain convicted and serving time in Turkish prisons. An outstanding detention warrants remain for 135 journalists who live in exile or remain at large in Turkey.

Detaining tens of thousands of people over alleged links to the Gülen movement, the government also closed down more than 180 media outlets after the controversial coup attempt.

Turkey survived a controversial military coup attempt on July 15, 2016 that killed 249 people. Immediately after the putsch, the Justice and Development Party (AKP) government along with President Erdoğan pinned the blame on the Gülen movement.

Gülen, who inspired the movement, strongly denied having any role in the failed coup and called for an international investigation into it, but President Erdoğan — calling the coup attempt “a gift from God” — and the government initiated a widespread purge aimed at cleansing sympathizers of the movement from within state institutions, dehumanizing its popular figures and putting them in custody.

Turkey has suspended or dismissed more than 150,000 judges, teachers, police and civil servants since July 15. Turkey’s Justice Ministry announced on July 13 that 50,510 people have been arrested and 169,013 have been the subject of legal proceedings on coup charges since the failed coup.

Souce: https://stockholmcf.org/turkish-media-worker-zafer-ozsoy-faces-3-life-sentences-with-no-evidence/

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Detention warrants issued for 79 teachers on Teachers Day

As Turkey celebrates the Teachers Day, the Ankara Chief Public Prosecutor’s Office on Friday issued detention warrants for a total of 79 teachers due to alleged links to the faith-based Gülen movement, the state-run Anadolu news agency reported.

According to the report, all of the 79 teachers were dismissed by the government following a failed coup attempt on July 15, 2016.

Teachers Day in Turkey is celebrated on Nov. 24, which marks the day when Mustafa Kemal Atatürk, the founder of the Turkish Republic, was declared the nation’s head teacher 86 years ago.

The Gülen movement is accused by the Turkish government of mounting the attempted coup last year, but the movement strongly denies any involvement.

Amid an ongoing witch-hunt targeting the Gülen movement, Turkish Interior Minister Süleyman Soylu on Nov. 16 said 48,739 people had been jailed and eight holdings and 1,020 companies seized as part of operations into the movement.

The Turkish Justice Ministry announced on July 13 that 50,510 people have been arrested and 169,013 have been the subject of legal proceedings on coup charges since the failed coup on July 15, 2016.

Turkey has suspended or dismissed more than 150,000 judges, teachers, police and civil servants since July 15 of last year through government decrees issued as part of a state of emergency.

Source: https://www.turkishminute.com/2017/11/24/detention-warrants-issued-for-99-teachers-on-teachers-day/

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Report exposes death from torture of Turkish teacher in police custody

A new report from the Stockholm Center for Freedom (SCF) titled “Tortured to Death” exposes the case of 42-year-old history teacher Gökhan Açıkkollu, who died after enduring 13 days of torture and abuse in police detention in İstanbul.
The report details every day he was kept in custody, where he was repeatedly beaten by his interrogators. The government documents, medical reports, independent opinions and witness statements obtained by SCF and revealed in the report show his death was not due to natural causes.

“The details of this single case with hitherto unknown facts about Açıkkollu’s death have really shaken our investigators, and we have decided to dedicate this report to his memory to show the world what is taking place under President Recep Tayyip Erdoğan’s brutally oppressive regime,” Abdullah Bozkurt, the president of SCF, said.

“He was telling doctors every day what he was going through, and the prosecutor’s office was getting copies of these records on a daily basis. Yet he was time and again sent back to detention to face a new round of torture that eventually claimed his life,”’ he added.

The report also exposes the names of the police officers who were present in the building at the time of Açıkkollu’s death and urges the Turkish government to hold to account those who were responsible for his death.

Unfortunately, the terrible saga of Açıkkollu’s family was far from over even after his death as authorities neither arranged for a hearse to transport him nor provided embalming of the body, which are standard services in Turkey for all deceased. He was hauled in a utility vehicle to the cemetery where the government imam refused to lead a prayer service. His wife, Mümüne Açıkkollu, was also briefly detained afterwards by the same prosecutor who ordered the detention of her husband.
The public prosecutor dropped the probe into torture allegations although he had more than enough evidence of torture according to the documents provided by government-designated health facilities. Several witnesses came forward and testified to torture. After a long legal challenge, the prosecutor had to open another probe, but there was no progress reported on the second probe, either.

Turkish authorities continue to deny that there is torture in Turkey while blocking the publication of a report by the Council of Europe Anti-Torture Committee (CPT), which visited Turkey for a fact-finding mission in September 2016.

The accumulation of overwhelming evidence in this case is quite valuable considering that the police in Turkey often try to cover up the commission of crimes. Authorities tamper with evidence and doctors’ records and ensure that the text of witness accounts, autopsies and medical reports reflect the official version of the detainee’s death.

Deaths in detention and prisons due to torture, abuse and ill treatment have become a recurring theme in Turkey with close to 100 cases reported as suspicious deaths and suicides in the last 16 months alone.

Many human rights monitoring groups have documented cases of torture and ill treatment of detainees that suggest a widespread, systematic and deliberate torture by the government of President Erdoğan.

SCF has already published several reports confirming that such cases have been taking place in detention centers and jails or sometimes in black sites that were used as mass holding facilities for a large number of detainees without due process.

Source: https://www.turkishminute.com/2017/11/21/report-exposes-death-from-torture-of-turkish-teacher-in-police-custody/

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Turkish family of 5 drowns trying to flee to Greece

A Turkish family of five attempting to flee persecution in Turkey has drowned in the Aegean Sea near the Greek island of Lesvos, according to the Aktif Haber news portal.

Sources told Aktif Haber that bodies recently found by Greek authorities on Lesvos belong to Hüseyin Maden, who was affiliated with faith-based Gülen movement, and his family members.

The sources told Aktif Haber that relatives of the Maden family in Turkey’s Samsun province had not heard from them for several days, leading to speculation that the bodies found by Greek authorities might belong to the five members of the Maden family.

According to information gathered by Aktif Haber, detention warrants were outstanding for Hüseyin Maden (40), his wife Nur Maden (36). Both were teachers who were sacked from their jobs following a failed coup last year over alleged links to the Gülen movement, which the Turkish government accuses of being behind the coup attempt. The couple and their children Nadire Maden (13), Bahar Maden (10) and Feridun Maden (7) drowned as they fled from the Recep Tayyip Erdoğan regime’s persecution targeting members of the Gülen movement.

Greek authorities delivered identity cards found on the bodies to Turkish police to see whether they belonged to members of the Maden family.

It was reported on Nov. 11 in the Greek media that authorities had discovered three dead children within the space of a few days on the northeast coast of Lesvos, baffling local port authorities, who launched an investigation.

According to the reports, the body of a boy in an advanced stage of decomposition and undetermined age was found on Nov. 11 near Mantamado. It followed the discovery of two other bodies, of a boy aged between 12 and 13 on Friday and a similarly aged girl on Thursday. Both were also found near Mantamado. Investigators estimate that all three were refugees, but no bodies or organizations that work with refugees have reported anyone missing.

According to the Lesvos News, the Greek police speculated that the three children were refugees, part of a larger group that died as they tried to approach the island on a boat. They are investigating the case by interviewing refugees who recently arrived on Lesvos. A post-mortem examination is expected to shed light on the case.

Many people have tried to flee Turkey illegally as the Turkish government canceled their passports.

Turkey survived a coup attempt on July 15, 2016 that killed 249 people. Immediately after the putsch, the Justice and Development Party (AKP) government along with President Erdoğan pinned the blame on the Gülen movement.

Fethullah Gülen, who inspired the movement, strongly denied having any role in the failed coup and called for an international investigation into it, but President Erdoğan — calling the coup attempt “a gift from God” — and the government initiated a widespread purge aimed at cleansing sympathizers of the movement from within state institutions, dehumanizing its popular figures and putting them in custody.

Turkey has suspended or dismissed more than 150,000 judges, teachers, police and civil servants since July 15, 2016. Turkey’s Justice Ministry announced on July 13 that 50,510 people have been arrested and 169,013 have been the subject of legal proceedings on coup charges since the failed coup.

Source: https://www.turkishminute.com/2017/11/21/turkish-family-of-5-drown-trying-to-flee-to-greece/

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Demise of Turkish Judiciary

Erdogan’s Government Established Political Control over Turkish Judiciary and Selective Application of Law

Following the attempted coup, very extensive suspensions, dismissals, and arrests took place in Turkey. There are numerous reports of extremely serious human rights violations, including alleged widespread ill-treatment and torture of detainees. The crackdown has continued since and has been broadened to all opposition voices. The measures affected the whole spectrum of society, with a particular impact on the judiciary, police, gendarmerie, military, civil service, local authorities, academia, teachers, lawyers, the media and the business community. Human rights authorities across the World are gravely concerned about the degradation of the rule of law and democracy unfolding in Turkey.

Under the rule of law, everyone is considered innocent until proven guilty. In Turkey, it’s now the opposite. People from all across the ideological spectrum have been baselessly charged with crimes and expected to prove their innocence. If there is no rule of law, then there is neither order nor democracy. Turkey is, unfortunately, moving away from democracy and heading toward
authoritarianism.

Turkey ranked among the Worst 15 among 113 Countries on Rule of Law Index published in 2016 by the World Justice Project, trailing Iran and Russia.
Source: https://worldjusticeproject.org/sites/default/files/documents/RoLI_Final-Digital_0.pdf

WJP Rule of Law Index
The WJP Rule of Law Index provides original, impartial data on how the rule of law is experienced in everyday life in 113 countries around the globe. It is the most comprehensive index of its kind. To date, more than 270,000 citizens and experts have been interviewed worldwide. Index findings have been referenced by heads of state, chief justices, business leaders, public officials, and the press, including media outlets in over 125 countries worldwide.

“No Rule of Law” brings “Absolute Human Rights Violations”
The following are excerpts from expert comments and watchdog reports on the establishment of political control over Turkish judiciary by Turkey’s ruling party:

U.S. State Department’s Human Rights Report 2014:
Impunity and weak administration of justice: The judiciary and law enforcement agencies were politicized, giving the appearance of impropriety and bias. The government reassigned thousands of police and prosecutors in response to an anti-corruption investigation they were conducting of a number of senior government officials and their families, and the prosecutors who initiated the investigation were suspended. The government closed the investigation and destroyed evidence that was gathered; many police officers involved in the investigation were accused publicly of a conspiracy to overthrow the government. Very few police were prosecuted for excessive force that led to dozens of deaths and scores of injuries among demonstrators in 2013 and 2014. The executive branch took greater control over the bodies responsible for judicial appointments and discipline and created a new set of courts in which single judges wield extraordinary powers and to which it assigned politically sensitive cases, which had a chilling effect on potential future investigations of politically connected persons. Wide leeway granted to prosecutors and judges contributed to inconsistent court verdicts. Authorities applied the broad antiterror law extensively with little transparency and continued to engage in arbitrary arrests, hold detainees for lengthy and indefinite periods, and conduct extended trials.
Source: http://www.state.gov/documents/organization/236798.pdf
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/ – wrapper

Human Rights Watch, World Report 2015, Chapter on Turkey:
“In the name of reducing the alleged influence of the Gülen movement in the justice system, the government took steps to bring the police, prosecutors, and judges under greater executive control. The government oversaw the mass reassignment or demotion of judges, prosecutors, and police, including all those involved in the corruption investigations. It adopted a law in February to restructure the Higher Board of Judges and Prosecutors (Hâkimler ve Savcılar Yüksek Kurulu, HSYK) responsible for the administration of the judiciary, to tie it closer to the executive, and created in July a new category of criminal judges of the peace responsible for key decisions at the criminal investigation stage.
In April, the Constitutional Court partially quashed key provisions of the HSYK law concerning enhanced powers for the Minister of Justice on the grounds that they violated the separation of powers in important respects, threatened judicial independence, and opened the way to political pressure on the judiciary.”
Source: https://www.hrw.org/world-report/2015/country-chapters/turkey

Amnesty International: Annual Report 2015/16, Chapter on Turkey
“Politically motivated appointments and transfers of judges and prosecutors continued throughout the year, wreaking havoc on a judiciary already lacking independence and impartiality. Criminal Courts of Peace – with jurisdiction over the conduct of criminal investigations, such as pre-charge detention and pre-trial detention decisions, seizure of property and appeals against these decisions – came under increasing government control.”
Source: https://www.amnesty.org/en/countries/europe-and-central-asia/turkey/report-turkey/

European Union Progress Report
“Independence of the judiciary and the principle of separation of powers have been undermined since 2014 and judges and prosecutors have been under strong political pressure.”
Source:http://www.theguardian.com/world/2015/nov/10/turkey-criticised-over-media-freedoms-and-judicial-independence-in-eu-report

British Legal Experts Lord Woolf, Sir Jeffrey Jowell, Sir Edward Garnier:
“Since December 2013, the government has taken unprecedented steps to exert executive control over Turkey’s judiciary, to interfere with and derail the corruption investigation, to stifle criticism in the media and on the Internet.“
“The government has brought the main institution responsible for the judiciary, the High Council of Judges and Prosecutors, under its control by purging its members of anyone suspected of opposing the AKP government.”
Source:http://www.onebrickcourt.com/files/REPORT_ON_THE_RULE_OF_LAW_FINAL_FINAL_240815_27622.pdf

Ergun Ozbudun, Professor of Political Science and Constitutional Law at Sehir University:
“AKP government’s establishment of its control over the judiciary will certainly lead to a wider use of selective application of the law”. In Pending Challenges in Turkey’s Judiciary, January 2015 Policy Brief published jointly by Istituto Affari Internazionali, Rome, Italy.
Source: http://www.iai.it/en/pubblicazioni/pending-challenges-turkeys-judiciary

Hasim Kilic, Former Chief Justice at Turkey’s Constitutional Court:
Constitutional Court chairman Hasim Kilic, who announced he was retiring a month early, said the government’s “extraordinary interest” in the court’s affairs was undermining judicial independence. “Everybody knows the political views of judges and prosecutors, even in the remotest villages of the country. We cannot move forward with such a judiciary,” Kilic said. “The judiciary is not an instrument of revenge, it is not anyone’s tool to achieve their aims,” he told a news conference in Ankara.
Source: http://www.theguardian.com/world/2015/feb/11/turkish-courts-being-turned-into-revenge-instruments-says-outgoing-top-judge

Hikmet Sami Turk, Former Minister of Justice:
“The judicial system that the government is trying to establish is unconstitutional and against the basic principles of law.”
Source: http://www.todayszaman.com/anasayfa_pm-erdogan-confesses-to-creating-super-judges-for-anti-hizmet-plot_353671.html

Riza Turmen, a Former Judge at the European Court of Human Rights (ECtHR):
“Turkey has a serious regime problem; it is not a democracy – you can probably call it ‘elected authoritarianism.’ It is a majoritarian and hegemonic system,”
“There is a structural problem regarding the establishment of magistrate courts (penal courts of peace or criminal justices of peace, or sulh ceza hakimlikleri in Turkish) that was created with Law No. 6545, “The law amending the Turkish Criminal Code and other laws” adopted on June 18, 2014, with an omnibus law that was adopted in 2014. The creation of such special courts is incompatible with the principle of natural justice enshrined in Article 37 of the Constitution [which states: “no one shall be put to trial before a body other than the court he/she is legally subject to. No extraordinary judicial bodies shall be established that would lead to putting a person to trial before a body other than the court he/she is legally subject to.”]
These special magistrate courts have extensive powers to take all decisions related to the conduct of criminal investigations, such as detention, arrest, release and seizure of property. It is almost impossible to appeal their decisions because there is a closed-circuit system contrary to fair trial principles. Only another special magistrate court can review their decisions. As long as those magistrate courts exist, the chaotic judicial decisions will continue.”
Source: http://www.todayszaman.com/anasayfa_former-ecthr-judge-turmen-journalist-police-officers-should-have-been-released_379690.html

Nils Muižnieks, the Council of Europe’s Commissioner for Human Rights:
The top human rights official at a pan-European body has added his voice to critics of newly adopted legislation tightening government control over Turkey’s legal system, even though Ankara defended its move and said it had no alternative.
“This will significantly increase the influence of the executive, raising more concerns about undue political interference on the judiciary,”
Source: http://www.ft.com/cms/s/0/6e6b4b0e-97fa-11e3-8c0e-00144feab7de.html

“Defend Lawyer’s” Statement on The Independence of Judiciary in Turkey:
Source: https://defendlawyers.wordpress.com/2017/03/30/turkeyusa-resolution-of-abaesq-american-bar-association-and-massbar-on-independence-of-judiciary-mass-arrest-and-dismissal-of-judges-and-lawyers/https://defendlawyers.wordpress.com/

American Bar Association’s (ABA) Resolution on Mass Detention
Source:https://www.americanbar.org/content/dam/aba/images/abanews/2016%20Annual%20Resolutions/10b.pdfhttp://www.abajournal.com/news/article/aba_condemns_mass_detentions_and_arrests_of_turkish_legal_community/

“Defend Lawyer’s” Statement on Mass Arrests and Dismissal of Judges in TR
Source: https://defendlawyers.wordpress.com/2017/03/30/turkeyusa-resolution-of-abaesq-american-bar-association-and-massbar-on-independence-of-judiciary-mass-arrest-and-dismissal-of-judges-and-lawyers/

Law Magazine of Boston College on Turkey
Source: http://lawmagazine.bc.edu/2016/08/bc-law-community-calls-for-rights-of-detainees-after-turkish-coup/

“International Commission of Jurists” Report on Turkey Judiciary
Source: www.icj.org/wp-content/uploads/2016/07/Turkey-Judiciary-in-Peril-Publications-Reports-Fact-Findings-Mission-Reports-2016-ENG.pdf

Washington Post’s report on Turkey Judiciary
Source: https://www.washingtonpost.com/world/turkeys-suspension-of-thousands-of-judges-marked-the-start-of-a-widespread-purge/2016/07/20/dbf79e18-4c50-11e6-bf27-405106836f96_story.html?utm_term=.0df19a75cd0c
https://www.rferl.org/a/turkey-us-judge-says-erdogan-took-over judiciary/28076774.htmlhttp://www.rechtersvoorrechters.nl/english/

Texas Bar Associations Statement on Turkey Judiciary
Source:https://www.texasbar.com/Content/NavigationMenu/NewsandPublications/TexasBarJournal1/OnlineMaterial/Pena.pdf

Joint Statement by European Judges, Journalists, Lawyers
Source: http://europeanjournalists.org/blog/2017/04/05/joint-statement-by-lawyers-judges-and-journalists-on-the-ongoing-crackdown-on-the-rule-of-law-in-turkey

“Where-ever law ends, Tyranny begins”
John Locke, Two Treatises of Government, 168

Download pdf version: Factsheet Political Control over Turkish Jud. Updated 10.29.2017

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