Ankara Chief Public Prosecutor's Office has opened an investigation against Hüda Kaya and Ömer Faruk Gergerlioğlu in a rush. The two deputies of the Peoples' Democratic Party (HDP) are accused of violating the so-called “Turkishness” paragraph. The background is criticism of the bombing of a prisoner-of-war camp in the southern Kurdish guerrilla region of Gare by the Turkish army.The invasion of Gare, launched on Wednesday, was halted early Sunday morning. The camp there, where prisoners of war belonging to the Turkish security forces were held - members of the MIT intelligence service, soldiers and police officers - was intensively bombed by the Turkish army for three days, both from the air and from the ground. While the Turkish government and pro-government media have sparked a disinformation campaign about the Gare invasion, spreading the message that "thirteen Turkish citizens" were "martyred" by being shot in the head and shoulder, the People's Defense Forces Command announced today that the POWs' deaths were intentionally caused by Turkish Defense Minister Hulusi Akar.

HPG: Attack aimed at destruction of prisoners of war

A corresponding statement from the HPG command said, “The camp was intensively bombed from the air at five o'clock on February 10. This was followed by a ground attack in which every form of war technology was used. In order to protect themselves and the prisoners, our forces located in the camp under bombardment gave the necessary response to the occupiers and hit them effectively. After this strike, the occupying Turkish army retreated a bit. Although it knew that there were prisoners there, the camp was again intensively bombed by fighter jets. The bombardment, which lasted for three days, and the fierce battles inside and outside the camp resulted in the death of some of the MIT members, soldiers and policemen we had captured. That no one would survive such a fierce attack is clear to anyone with basic military knowledge. The attack was not aimed at liberating the prisoners of war, but at destroying them. The only person responsible for the death of these people is Hulusi Akar. He gave the order for such an attack and has no human feelings whatsoever.”

Hüda Kaya: State distorts the truth

Deputy Hüda Kaya reacted indignantly to the state-orchestrated disinformation campaign, accusing the authorities of distorting the truth. "The families of these captured soldiers have visited us dozens of times and held talks with our party. But whenever we said peace, they [the government] went on the attack. Now, after Turkey bombed the camp and stopped the attacks because the death [of the POWs] was established, those who said yes to this war mandates are mourning the dead today," Kaya wrote on Twitter.

Gergerlioğlu also criticize the Turkish military operation in Gare on Twitter. Both MPs also pointed to several previous initiatives for the release and safe return of the POWs, to which Ankara has not responded. "If there were an atmosphere of peace, these people would still be alive," Gergerlioğlu said.

Several initiatives for the release of prisoners of war

In fact, there have been numerous initiatives in the past for the release of Turkish soldiers and policemen captured by the guerrillas, usually initiated by the Human Rights Association (IHD). IHD had also taken the initiative in the case of the thirteen Turkish civil servants reportedly killed in the airstrikes on Gare, but ultimately appealed to the government to no avail. In May 2019, letters formulated by PKK prisoners of war had been handed over to the Human Rights Association to be forwarded to their families. In them, some soldiers expressed their concern about bombings in the area surrounding the camp by the Turkish Air Force, but also expressed disappointment at the lack of governmental commitment to their liberation. In handing over the letters, the affected families had also met with the HDP. "The state leaves our cry for help unanswered," those affected complained at the time.

Investigations based on Article 301

The investigations against Kaya and Gergerlioğlu were opened on the basis of Section 301 of the Turkish Penal Code. Until 2008, Section 301 still regulated "insulting Turkishness" but under pressure from the EU, the law underwent a reform. The outdated version now states: "Whoever publicly disparages the Turkish nation, the state of the Turkish Republic, the Grand National Assembly of Turkey, the government of the Turkish Republic and the state judicial organs shall be punished by six months to two years in prison."

Effective instrument against opposition

Opposition figures and disagreeable intellectuals are repeatedly hauled into court in Turkey for allegedly disparaging Turkishness in order to restrict freedom of expression and basic rights. Hrant Dink, an Armenian journalist murdered in Istanbul in 2007, was the first to be explicitly charged with "insulting Turkishness" and given a suspended sentence. His son Arat Dink was also charged with the offense. The lawyer and human rights activist Eren Keskin is likely to be the most frequently charged person in Turkey on the basis of the controversial article.

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