Şehriban Aslan 

 

DİYARBAKIR - Speaking about the racist attacks and massacres against Kurds, OHD’s lawyer Gulan Çağın Kaleli said: ‘’The perpetrators make racist attacks in front of the law enforcement, the prosecution hides the evidences, and the courts reward them with impunity.’’

 

The reactions to the racist attacks that took place only in the last two weeks, in which eight Kurdish citizens were killed and tens of injured, continue. Although the government tries to cover it up with rhetoric of ‘’hostility between families’’, it is emphasized by many that the ongoing attacks against the Kurds are ‘’racist attacks’’. Gulan Çağın Kaleli, a member of the Association of Lawyers for Freedom (OHD), also talked about the state's attitude towards the Kurds through the judiciary during these attacks.

 

‘Racism has become a form of government’

 

Stating that the increasing attacks in the recent period are a reflection of the racism that has become the country's form of government, Gulan said: ‘’Until the 19th century, societies were categorized on the basis of skull size or structure, skin and eye color, and cultural codes to which they are subject. With the emergence of nation-states after the 19th century, we are talking about racism, which has now become a regime in which there is a relationship between the oppressor or the oppressed. Well, if we look for an answer to the question of how this system creates itself; With the emergence of nation-states, we see that the concept of 'superior race' is imposed, and the non-sovereign ones are classified as 'harmful' and destined to be assimilated or destroyed. Racism, on the other hand, has been institutionalized within this system and has now become a form of government.’’

 

‘Racism is a form of covered destruction’

 

Gulan stated that the state maintains its continuity through the ‘’superior race’’ and that other identities are rendered unrecognizable and forced to be deprived of all their rights. Referring to the emergence of protest movements at this point, Gulan said: ‘’The rights that refuse to be destroyed and assimilated, and those who struggle for the right to life and for the establishment of a relationship on the basis of equality, are being tried to be destroyed. However, while this form of destruction takes place covered in places, it is also done openly in places. If we give an example of covered practice; There is a definition that is frequently used in the laws of the Republic of Turkey; ‘inclusion’... If we look at what this is inclusion, it is a definition that has started with the education system since history and is frequently used in certain areas of rights, which is essentially assimilation itself. It is a covered form of destruction.’’

 

‘The biggest supporter in the policy of destruction is the established order’

 

While emphasizing that covered destruction forms the basis of the exploitative relationship, Gulan pointed out that it is the first step to make a people dependent on itself in many fields such as education, economy and culture. Gulan also noted that racism is a way of alienating a people from their ownself and wearing the clothes of the sovereign, continued: ‘’Thus, it takes an objecting community under its influence and sees it as a colonial people. While taking it under its own patronage, it activates the education policies, makes it economically dependent, and standardizes it with its political and cultural activities. If this method is not completely successful, it implements the policy of open destruction, which from this moment on, its biggest backer is the order established to support racism. If we give an example of this order; The judiciary, the press, and the fascist groups it created.’’

 

‘No trial for hate crimes’

 

Gulan pointed out that until today, after a racist attack, public prosecutors have not prepared an indictment for hate crimes, prohibition of discrimination or crimes against humanity. Noting that the courts do not make judgments in this context, Gulan said that the political power defines racist attacks as ‘’judicial cases’’ and stated the following statements: ‘’Indictments that evaluate it as a judicial case are prepared and showpiece trials are held. Of course, these showpiece trials are held after a massacre has taken place. Threats, oppression, when used forcefully, are seen as ‘small enmities’ between the two sides and considered as solvable problems by law enforcement. However, although this assessment is not the duty of the law enforcement, it is often not even referred to the prosecutor's office. The silent consensus between the law enforcement and the prosecutor's office is then reflected in the courts. The perpetrators make racist attacks in front of the law enforcement, the prosecution hides the evidences, and the courts reward them with impunity. Thus, the system continues to support. In terms of these officials in national legislation; Regulations such as misconduct or neglect of duty remain as they are written and no one in the chain of responsibility is prosecuted. Because, in order for these people to be prosecuted, they are also protected by the system by requiring an investigation permission.’’

 

‘There was no attempt despite the protection measure’

 

Gulan underlined that although the Kurdish family who was murdered in Konya’s Meram district reported that they had been threatened for a long time and that protecton measures were given,  but no judicial action was taken. Gulan said: ‘’The perpetrators who carried out an attack in May are released one by one, with a protection order. With this, we see that the way for the massacre is opened. Will an investigation be conducted only through this perpetrator? Will the responsibility of the state end after the perpetrator is found and punished? Of course no. The state is also responsible in this incident, since it did not prevent the massacre that was came openly. Therefore, the intention in the investigation to be conducted is not an investigation with the intention of a judicial case; The failure to prevent the person or persons who carried out the racist attack should be a judicial process in which the responsibility of the state, which cannot prevent the racist mentality that is fed more and more in the society, should be revealed.’’