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TÜRKİYE’DE YARGI RAPORU

17-25 ARALIK 2013 ve 15 TEMMUZ 2016 SONRASI TÜRKİYE’DE YARGIYA DARBE!

17-25 ARALIK 2013 SONRASI TÜRKİYE’DE YARGIYA DARBE!

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ÖZET

Demokratik rejimlerin, doğal olarak bir hukuk devletinin temel ilkesi, yargı erkinin bağımsızlığı ve tarafsızlığıdır. Yargı, demokrasilerin zayıf olduğu ülkelerde siyasi müdahalelere maruz kalıp zayıfladıkça faşizm ve dikta yönetimlerinin sindirme aracı haline gelebilmektedir. Yargının bağımsızlığı ilkesi Türkiye Anayasası tarafından da koruma altına alınmıştır. Türk yasaları ve uluslar arası sözleşmeler ayrıca hakim ve savcıların kararlarından dolayı tutuklanmalarını engelleyen güvenceler sağlamaktadır. Yargı mensuplarına yönelik baskı, yönlendirme, müdahale de yasaklanmaktadır, sadece ağır cezalık suçüstü halinin bulunduğu durumlarda hakim ve savcılara tutuklama kararı alınabilmektedir.

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Send A Letter to Stop Abductions of Erdogan Regime

Sample letter to send international organizations to stop abductions carried out by authoritarian Erdogan regime in Turkey and abroad is below.

Dear ………………….,
I would like to share my deep concern about the prevalent abduction cases conducted globally by Turkish authorities under the Erdogan regime. Below please find detailed information about the issue and a link to a report on the abduction cases released by
Advocates of Silenced Turkey (AST). I’d appreciate your concern and support regarding this dire human rights violation.

Since July 2016, the Turkish government went on to imprison hundreds of thousands of homemakers, mothers, children, babies, teachers, NGO workers, academics, judges, prosecutors, journalists and countless other victims. Erdoğan declared a “witch-hunt” against Gülen’s followers, attempting to convince countries through carrot and stick policies or more diplomatic means to join his personal fight and do the same to the Hizmet members within their borders.

Unfortunately, in some countries, the local intelligence agencies cooperated to seize Gülen followers, while in some others, Turkey’s National Intelligence Agency (MİT) didn’t even need to ask for permission to stage an operation. Albania, Angola, Azerbaijan, Bahrain, Bulgaria, Bosnia, Cyprus, Gabon, Georgia, Indonesia, Iraq, Kazakhstan, Kenia, Kosovo, Lebanon, Malaysia, Mexico, Moldova, Mongolia, Montenegro, Morocco, Myanmar, Pakistan, Qatar, Saudi Arabia, Sudan, Turkmenistan, Ukraine are some of these countries.

Although ascertaining the exact number is not easy, AST has put together a List of Abduction Report, which includes: names, professions, date of disappearances, place of the incidents, the current status of the persons and the details regarding the incidents. Victims were abducted inside and outside Turkey through nefarious methods, brushing away even the most basic rights to fair trial and defense.

Here are some examples of the cases from the report: Isa Ozdemir, a businessman, was abducted from Azerbaijan in July 2018. He is currently jailed and pending trial in Turkey. İsa Özdemir was delivered to the Turkish National Intelligence Organization (MİT) by the Azeri authorities unlawfully. The European Court of Human Rights demanded Azerbaijan authorities to explain the reason for the rendition of Özdemir despite concerns that he may be subjected to torture in Turkey. Başoğlu was questioned by the MİT before submitting him to the prosecution.

Arif Komis, an educator, was detained in Malaysia in August 2019. The police from the Malaysian Immigration Bureau detained Arif Komis, his wife and four children. Komis, the director and a teacher at Hibiscus International School, had applied for asylum and was under UN protection. Malaysia surrendered the teacher to Turkey, ignoring reactions against this decision in the international and domestic circles. He is currently jailed and pending trial in Turkey.

Very recently, Orhan Inandi went missing in Kyrgyzstan in June 2021. Educator İnandı, founder and director of the Sapat school network in Kyrgyzstan, went missing after leaving his house in Bishkek on Monday evening, the TR7/24 news website reported. He was last contacted by a friend at around 9 p.m. Attempts by his family to contact him all failed. He is feared to have been abducted by Turkey’s National Intelligence Organization (MİT) due to his alleged links to the Gülen movement, according to his family. Taalaygul Toktakunova, Inandi’s lawyer, shared with the press a footage recorded by a camera in Orhan Inandi’s car. Inandi’s lawyer claimed that Akbarov Ulan, a former employee of Kyrgyzstan Ministry of Internal Affairs, met Orhan Inandi at the night of his abduction. The family has been seeking more information to find Orhan Inandi regarding these claims.

The veil of secrecy over the enforced disappearances has still not been lifted, and it will probably take many years for a full-fledged illumination of them. Those who were found were mostly traumatized after long sessions of tortures. Their physical and psychological conditions were devastated beyond description.

I urge all relevant institutions of the International Human Rights community to urgently provide information to resolve questions and suspicions about the incidents. I also urge the Turkish authorities to carry out a thorough, prompt, independent and impartial investigation on enforced disappearances and abductions. I also call on Kyrgyzstan government to investigate the abduction case of Orhan Inandi, who is still believed to be in Bishkek, take urgent action to find his whereabouts and prevent him from any possible deportation.

Please find the whole report at
https://silencedturkey.org/global-purge-1-144-abductions-conducted-by-the-turkish-government-in-turkey-and-abroad

also another report on abductions at
https://silencedturkey.org/erdogans-long-arms-abductions-in-turkey-and-abroad

Freedom House’s report on Turkey’s Transnational Repression at
https://freedomhouse.org/report/transnational-repression/turkey

more information about the most recent abduction case (Orhan Inandi case) at
https://silencedturkey.org/for-immediate-release-calling-on-kyrgyzstan-government-to-investigate-the-abduction-case-of-orhan-inandi-and-take-urgent-action-to-find-his-whereabouts

more information about Orhan Inandi’s lawyer’s statements at
https://www.facebook.com/100002458866130/posts/4105583339533588/?d=n

You can find the whole copy of the letter from the LINK to send the addresses below.

Relevant Contacts

The Honorable Dunja Mijatovic

Office of the Commissioner for Human Rights Council of Europe
Avenue de I’Europe F-67075 Strasbourg Cedex, France
Tel: +33 (0)3 88 41 34 21
Fax: +33 (0)3 90 21 50 53
Email: [email protected]

Committee Against Torture – Petitions and Inquiries Section

Office of the High Commissioner for Human Rights United Nations Office at Geneva
1211 Geneva 10, Switzerland
E-mail: [email protected],  [email protected],  [email protected],  [email protected]

United Nations Working Group on Enforced or Involuntary Disappearances

OHCHR-UNOG CH
1211 Geneva 10 Switzerland
Téléphone: (41-22) 917 90 00
Fax: (+41-22) 917 90 06
E-mail: [email protected]

Petitions and Inquiries Section/Committee on En- forced Disappearances

Office of the High Commissioner for Human Rights United Nations Office at Geneva
Email: [email protected]

Tom Lantos Human Rights Commission

House Committee on Foreign Affairs 5100
O’Neill House Office Building 200 C Street SW Washington, D.C. 20515 United States of America
Phone: +1 (202) 225-3599
Fax: +1 (202) 226-6584
Email: [email protected]

US Helsinki Commission

234 Ford House Office Building 3rd and D Streets SW Washington, DC 20515
Email: [email protected]

United National Human Rights Committee Petitions Team

Office of the High Commissioner for Human Rights United Nations Office at Geneva
1211 Geneva 10 (Switzerland)
Fax: + 41 22 917 9022 (particularly for urgent matters)
E-mail: [email protected]

 

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“GLOBAL PURGE” : 144 ABDUCTIONS CONDUCTED BY THE TURKISH GOVERNMENT IN TURKEY AND ABROAD

“GLOBAL PURGE” [1]

Since July 2016, the Turkish government went on to imprison hundreds of thousands of homemakers, mothers, children, babies, teachers, NGO workers, academics, judges, prosecutors, journalists and countless other victims. Erdoğan declared a “witch-hunt” against Gülen’s followers, attempting to convince countries through carrot and stick policies or more diplomatic means to join his personal fight and do the same to the Hizmet members within their borders.
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Erdogan’s Torture Squads and Torture in Turkey as a Grave Human Rights Violation

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THE CRIME OF TORTURE

As a member of the Council of Europe, Turkey has ratified the European Convention on Human Rights. Even according to the 15th article of the European Convention on Human Rights which permits under extreme circumstances the suspension of certain obligations by members, the ban on the use of torture cannot be suspended. According to the 3rd article of the European Convention on Human Rights titled.

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WOMEN’S RIGHTS VIOLATIONS BY THE TURKISH LEGAL SYSTEM

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The intent of this report is to declare the victims of the ‘New Turkey,’ especially women with children who have been under persecution since the July 15, 2016 coup attempt. Although the Turkish government does not promote transparent data on the number of children imprisoned with their mothers, there are 864 children in the prison according to the Justice Department Prison and Penitentiaries Management. The ages of these children vary between newborns to 6 years, as of May 24, 2019.

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TÜRKİYE’DEKİ İŞKENCECİLER

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İŞKENCECİLER

İşkence suçu;
Türkiye Avrupa Konseyi’nin üyesi bir hukuk devleti olarak Avrupa İnsan Hakları Sözleşmesi’ne taraftır. Avrupa İnsan Hakları Sözleşmesi’nin olağanüstü hallerde yükümlülükleri askıya almayı düzenleyen 15. maddesine göre işkence yasağı OHAL’de bile askıya alınamayacak insan haklarındandır. Avrupa İnsan Hakları Sözleşmesi’nin ‘İşkence Yasağı’ başlığını taşıyan 3. maddesine göre ‘Hiç kimse işkenceye veya insanlık dışı ya da aşağılayıcı muamele veya cezaya tabi tutulamaz…”

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ERDOGAN’S LONG ARMS: ABDUCTIONS IN TURKEY AND ABROAD


The Origins of the Problem

Turkey’s struggle to draw the country more in line with the pillars of the European Union faced a long and accelerating slide. The country’s Freedom in the World score has been in free fall since 2014 due to an escalating series of assaults on the press, social media users, protesters, political parties, the judiciary, and the electoral system, as President Recep Tayyip Erdoğan fought to impose personalized control over the state and society in a deteriorating domestic and regional security environment.

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THE TORTURED MOTHERS UNDER ERDOGAN’S REGIME

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By AST Reporter, Nur Ozer

May 15, 2020

“I was so afraid to go to the hospital for delivery. I had planned to have the majority of my labor contractions at home so that I would not be taken into custody,” says Ayse Kaya in an interview she gave to an Advocates of Silenced Turkey reporter. Like many mothers of the Gulen movement, Ayse Kaya’s life took a radical turn after the so-called coup attempt in Turkey, in 2016. Mrs. Kaya, who is a Gulen movement supporter, used to work at a non-profit organization. Mrs. Kaya mentions in her interview that the organization was completely legal, operating under the appropriate government department that oversaw non-profit organizations, and subject to unannounced government audits.

The Turkish Justice Minister data indicates that there are more than 750 babies imprisoned with their mothers. According to the Turkish Criminal Code, Law No# 5275, Article 16, Section 4 the Implementation of Criminal and Security Measures prohibits the arrest of women with babies younger than six months and pregnant women. However, these regulations do not apply to Gulen movement supporters. This brutality is not limited to new moms, and newborns; it is also affecting the new generation of Turkey. There are more than 3000 children in the prisons of Turkey. This growing young generation has witnessed many tortures, and brutal practices in the jails, and at the courts. During this process, one can easily witness a child screaming, or crying uncontrollably as they see their parents in handcuffs.  Some of the mothers have to take their newborns to prison with them, while others have to leave them in tears to their parents.  Worst of all, there are many children whose mother and father were imprisoned and due to their relatives’ unwillingness to accept guardianship, these children were sent to the orphanages. The link below shows a short video of a little girl whose father is in jail, and whose mother was taken to court and arrested. After many hours of waiting, the little girl is talking to a dog asking where her mother is.

https://www.youtube.com/watch?v=Gni2GbSpoZA

As of now, there is no evidence that connects Gulen supporters to the attempted 2016 coup. However, for Erdogan, and the AKP regime, this does not mean anything. In his article, Tas (2017) states, “Having thwarted a coup attempt, one could plausibly assume that AKP would comb through the evidence gathered and reveal the truth of 15 July. Instead, AKP demonstrated an apparent disdain for facts and employed various means to obstruct the pursuit of truth and maintain its monopoly over the narrative of the abortive coup.” (p.6) Even if we consider that the Gulen movement followers organized the coup, there is no law that allows imprisoning new mothers and newborns. No matter what the truth is, there is one reality that is not changing; Turkey’s prisons are turning into the headquarters of torture for the new generations of Turkey.

Like Mrs. Kaya, there are many mothers living in brutal conditions in the prisons of Turkey without -knowing the exact reason for their imprisonment. They are living with the hope that all of this is a big misunderstanding, and that the authorities would eventually realize that they were making a big mistake. Even though we share the same hopes with these new mothers, the present status of the Erdogan regime has not made any attempt to release them despite the danger of the Covid-19 pandemic. Besides all the trauma and brutality, the mothers are facing, there is another crucial unforeseen fact, which is the psychological status of new mothers.  The delivery process brings many crucial identity, physiological, and physical shifts in a woman’s life. “These changes range from “baby blues” to a spectrum of feelings known as “postpartum mood disorders”. (“Emotions of Motherhood”, n.d, p.0). Besides the poor psychological and physical conditions in prisons, most mothers suffer from deprivations such as not having hygienic enough conditions, and the lack of baby diapers, baby formula, and attention to the nutritional needs of their newborns.

In addition to the mothers in jails, due to unforeseen conditions, many women are forced to live in secret locations with the fear of being taken into custody or imprisoned. Most of these women have been suffering from the lack of access to proper healthcare, and from starvation, and poverty. Today, many Gulen movement supporters are forced into civil death with their families, and many ended up with emigrating from Turkey via dangerous water crossing from Meric (Evros River) with the hope of finding new lives overseas.


References

All Things Baby . (n.d.). Retrieved from https://www.unitypoint.org/waterloo/emotions.aspx

CEZA VE GÜVENLİK TEDBİRLERİNİN İNFAZI HAKKINDA KANUN. (2004, December 13). Retrieved from https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5275.pdf

Tas , H. (2018, March 8). The 15 July abortive coup and post-truth politics in Turkey. Retrieved from https://www.tandfonline.com/doi/pdf/10.1080/14683857.2018.1452374?needAccess=true

https://www.youtube.com/watch?v=Gni2GbSpoZA


 


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Hundreds of young Turkish children jailed alongside their moms as part of a post-coup crackdown

It was a snowy January morning in Istanbul last year when Ayse, a 32-year-old primary school teacher and mother of two, kissed the kids goodbye at school and headed home.

She didn’t make it to her front door before she was surrounded by seven policemen, accused of membership in a terrorist organization, handcuffed and taken away. Two months after being jailed, Ayse was joined behind bars by her youngest son, Ali, then just 4 years old.

For another four months, she said, their lives unfolded like a horror movie. Built to hold 10 people, Ayse said, her cell was packed with 23 detainees. She remembers babies unable to get vaccines, and burning themselves with hot tea. She remembers, too, the traumatic cries at night.

“Loud music blared through our ward every morning, every morning I would wake up scared with my son,” she told Fox News in a recent interview from a refugee camp in Greece. “The ward was a very dangerous place for children. Our bunks were iron. One baby there was learning to walk and hit his head badly, other children were screaming. It was an incredibly difficult time.”

The case of Ayse and Ali is hardly unique. Based on monitoring government decrees and other reports from official sources, by the end of August 2017, advocacy groups had highlighted some 668 cases of children under the age of 6 being held in jails with their mothers. And 23 percent of those youngsters were infants less than a year old.

Several thousand children ages 6-18 are also being held.

Turkey’s Justice Ministry provided a somewhat lower figure, stating that a total of 560 children under the age of 6 were being held in Turkish prisons along with their mothers.

Mothers and their children continue to be rounded up with tens of thousands of other Turks following the July 2016 coup attempt against President Recep Tayyip Erdogan. The country has, since that attempt, been in a legal “state of emergency,” one that allows the government to jail anyone believed to have ties to exiled cleric Fethullah Gulen and his Hizmet movement.

Whatever the number of prisoners, “prison is no place for children in any civilized country,” said Dr. Alan Mendoza, executive director of the Henry Jackson Society, a British foreign policy think tank, He called the policy of jailing mothers and children without charge “a travesty of justice” that will have “lasting effects on the lives of innocent children.”

Other critics of Turkey’s policy noted that the imprisoned women and children were victims of guilt by association.

“What is striking about detained women since the failed coup is that some of them are simply wives or children of suspects, but not suspects themselves. This amounts to collective punishment,” said Merve Tahiroglu, a research analyst with the Foundation for the Defense of Democracies, a Washington-based nonpartisan institute focusing on national security.

Ugar Tok, director of the Belgium-based Platform for Peace and Justice (PPJ), a human rights monitoring group focused on Turkey, said it can take six to 10 months of detention before the women in jail can stand in court. In the meantime, “the government prevents detainees from accessing lawyers and files in order to defend themselves.”

According to the World Prison Brief, as of October of last year, women comprised 4.4 percent of Turkey’s prison population. The official number of females behind bars is just under 10,000, but Tok estimates the numbers could be as high as 17,000.

Kam, a 34-year-old university teacher in İzmir Province at the time of her arrest in October 2016, said she was held for two months for investing – as thousands of other Turks have – in the Gulen-affiliated Bank Asya. She was kept in a cell with her 7-month-old son and two other babies, where they were prohibited from crawling on the floor. Toys were also prohibited, she said, and at times they could not access clean water.

“We were all treated like terrorists, we were isolated,” Kam told Fox News from Germany, where she and her family are now refugees. “We were all humiliated. … I don’t know what was worse, to have my baby in the prison or to have my other son, who was 11, outside the prison. When I saw him, he was changing.”

Case summaries and photographs viewed by Fox News, provided by international human rights investigators and lawyers, bring the grim statistics to life. They showed babies still on jail floors, with no play areas or facilities; women with chunks of hair ripped from their scalp in alleged prison mistreatment; and dozens of infants smiling before being whisked away to detention, where many are believed to remain.

Nurhayat Yildiz, 27, a housewife expecting twins, was arrested on Aug. 29, 2016, after boarding a bus from the northern Turkish province of Sinop, headed for her 14-week checkup. Nurhayat was detained and charged with Hizmet membership – because she allegedly had a popular encrypted messaging app, ByLock, on her phone. The Turkish government believes members involved in the coup attempt communicated through ByLock, and despite the app being commercially available to anyone, the government has systematically rounded up thousands of those who have it.

Yildiz’s supporters say she didn’t even have the app on her phone. In any case, at 19 weeks, on Oct. 6 that year, the first time mom-to-be suffered a devastating miscarriage behind bars.

“Nurhayat lost her dreams,” a prominent Turkish legal activist with Washington-based Advocates for Silenced Turkey (AST), who recently fled to California and requested anonymity for the safety of her relatives in Turkey, told Fox News. “And now she is suffering immense psychological problems, she barely talks. Her twins never got to live.”

Then there are stories like that of Filiz Yavuz, who was suddenly arrested – taken in a wheelchair – just eight hours after giving birth at a maternity hospital in the southeastern province of Mersin on Feb. 7, 2017.

“The police came for me at 3 in the morning. They said I was a terrorist because someone in my dormitory room from 2008 gave them my name,” Nur, 27, a human rights lawyer who was once a student at the Ankara University Faculty of Law, recalled of that frightful morning on Jan. 18, 2017. That’s when she was whisked from her home in the city of Eskisehir to a dark detention cell.

Nur considers herself one of the lucky ones. She was released by a judge after five days due to her severe asthma and a heart condition. She quickly boarded a smugglers’ boat. Today, Nur – from the safety of the United States – is trying to draw attention to the plight of other detained moms, their children and other of pregnant women who she says have suffered miscarriages amid the psychological ordeal of arrest and captivity.

Turkey’s Ministry of Justice and the Ministry of the Interior did not respond to a request for comment for this story.

Turkish officials have consistently defended the widespread arrest and detention of thousands of Turkish citizens, including women and children, as vital to national security. They also insist that the detainees are being held in compliance with international law.

The International Committee of the Red Cross (ICRC), which monitors the health and well-being of detainees in crisis spots around the world, confirmed it is not currently present in Turkey, and thus cannot monitor the situation.

But that situation remains a cause of concern for many human rights groups, which routinely spotlight the seemingly arbitrary detainment of Turkish citizens.

“ Following the coup attempt in July 2016, tens of thousands of people have been detained. The vast majority are not accused of participating in the events of the coup and in many cases that Amnesty International has examined there is no credible evidence of criminal acts,” a spokesperson for that group told Fox News.

Source:
http://www.foxnews.com/world/2018/02/13/hundreds-young-turkish-children-jailed-alongside-their-moms-as-part-post-coup-crackdown.html

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At Least 3 Victims Of Erdoğan’s Persecution Targeting Gülen Movement Drowned As Trying To Cross River Between Turkey And Greece

At least three victims of the massive post-coup persecution of Turkish government, led by autocratic President Recep Tayyip Erdoğan, targeting the alleged members of the Gülen movement, have reportedly drowned on Tuesday morning as they were trying to cross the Meriç/Evros river between Turkey and Greece.

Eight Turkish citizens, including 3 children, 2 women and 3 man, have been missed after their rubber boat capsized in Meriç/Evros river on the border between Turkey and Greece on Tuesday. The bodies of the two drowned brothers, estimated to be aged around 11 and 3, and their mother were discovered.

The names of the victims are 37-year-old Ayşe (Söyler) Abdurrezzak from Havran district of Balıkesir province, her sons 3-year-old Halil Münir Abdurrezzak, who was born in Maltepe district of İstanbul and 11-year-old Abdul Kadir Enes Abdurrezzak.

It was learned that contact with the 8 people has been lost at 5 a.m. on Tuesday morning as they were trying to fled from Turkey to Greece via Meriç/Evros river. Uğur Abdurrezzak, the bodies of his wife and his children were found, is still missing.

Ayşe Söyler Abdurrezzak, who was graduated from Turkish Language Department of İstanbul’s Marmara University in 2005 and used to work as a teacher. She and her teacher husband were dismissed by a government decree under the rule of emergency as they were working at a school in Kartepe district of Kocaeli province in the wake of a controversial coup attempt on July 15, 2016.

It was also learned that Doğan Family was accompanying the Abdurrezzak Family on the rubber boat as they were crossing the Meriç/Evros river and the members of the family, Fahreddin Doğan, his wife Aslı Doğan and the couple’s 2,5-year-old son İbrahim Selim Doğan are still missing.

Turkey’s state-run Anadolu news agency (AA) has reported previously that the emergency services are searching for up to 10 migrants reported missing after a boat capsized in a river that flows along the Turkish-Greek border. According to the report, the emergency services were alerted on Tuesday by border guards who heard cries for help from the river, known as Meriç in Turkish and Evros in Greek.

The report said between eight and 10 migrants, including women and children, were trying to cross into Greece aboard the rubber boat, which was found punctured.

Thousands of refugees and migrants enter Greece every year from Turkey on their way to Europe. Most choose the sea crossing in flimsy smuggling boats to the eastern Aegean islands. However, Evros has also been used for passage from Turkey to Greece.

In recent years, beside of refugees from other countries using Turkey as a transit route, some Turkish citizens who had to fled Turkey due to a massive witch-hunt launched by the Justice and Development Party (AK Party) government against sympathizers of the Gülen movement in the wake of a failed coup attempt on July 15, 2016, have also used the same route. Many tried to escape Turkey via illegal ways as the government canceled their passports like thousands of others.

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 Turkish autocratic President Recep Tayyip 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 Interior Minister announced on December 12, 2017 that 55,665 people have been arrested. Previously, on December 13, 2017, The Justice Ministry announced that 169,013 people have been the subject of legal proceedings on coup charges since the failed coup.

Source:
https://stockholmcf.org/two-child-migrants-die-others-reported-missing-during-river-crossing-between-turkey-and-greece/

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