Long-term military curfews a human rights violation, says former ECHR judge

Long-term military curfews constitute a violation of the European Convention of Human Rights, former European Court of Human Rights (ECHR) judge R?za Türmen has told daily Radikal, amid continued curfews in a number of towns in southeastern Turkey.

Türmen, who is also currently an ?zmir deputy for the main opposition Republican People's Party's (CHP), said long-term curfews constituted a "violation of state responsibility" and the ECHR would likely find Turkey guilty and rule for an interlocutory injunction of curfews. 

He listed the state's responsibilities as being to not kill its citizens deliberately, to take necessary precautions when its citizens' lives are in danger, to conduct efficient investigations when its citizens' right to life is violated, and to avoid inhumane treatment as principles that have been violated over the past months. 

"Those people's right to life is threatened because they cannot leave their houses. They cannot go to hospital, access water, etc.," Türmen said. 

"The state fails to cater for these needs, despite its responsibility to do so," he added, pointing out that unidentified security personnel who commit crimes in the region are not subject to investigations. 

In response to a question on the legal basis of military curfews, Türmen said declaring martial law or a state of emergency was necessary in order to enforce long-term curfews, but this has not been done in Turkey. 

Under current circumstances, state-appointed local governors' mandates are used as the legal basis for curfews in southeastern towns.

"Governors have no democratic mandate during mass violations of human rights," Türmen said, adding that asserting such an authority violated both the ECHR and Turkey's...