DEMA NU Again Confiscated 

The 28th issue of the fortnightly pro-Kurdish publication DEMA NU has been seized by the state prosecutor from Istanbul’s State Security Court.
Grounds for the seizure were 2 articles from the 30th April 2002 issue. The articles were entitled: “Attacks Against the NEWROZ-Celebrations in Bern/ Switzerland“ and “PKK and KADEK – What’s Different“.
In the state prosecutor’s opinion both articles represented “media propaganda for a terrorist organization”.
The PKK had been heavily criticized in both articles. PKK supporters in Switzerland had attacked a NEWROZ celebration organized by another Kurdish organization in Bern.
In the other article, the PKK, their successor –organization KADEK, and party head Öcalan had all been criticized for their non-critical and conformist attitude towards the Turkish state. (Source: Dem Nu, Nr. 29, 15.05.02)

KÜRT-KAV Makes Complaint to ECHR

The Istanbul Kurdish Foundation for Culture and Research (KÜRT-KAV) has made a complaint to the European Court of Human Rights (ECHR) against the Turkish state for “Refusal to permit courses in the Kurdish language”.
Grounds for the refusal: “Permission requires a recommendation from the Turkish National Security Council which must then be passed as a resolution by the Council of Ministers”. 
The foundation’s lawyers said in a statement that the foundation has been forced into making a complaint to the ECHR because all legal steps had been exhausted in Turkey. (Source: Dema Nu, No. 29, 15-31. May 02)

11 Teachers Detained 

In a private apartment in the district of Kiziltepe, 11 teachers and an agricultural engineer were arrested for breaching anti-terror laws and then detained following 6 hours of questioning (...)
According to their lawyer, Hüseyin Canir, the arrests took place during a meeting in the apartment: "There were lawful publications in the flat from the Kurdish Institute. The teacher Sermin Erbas was taken to hospital when she miscarried after having been tortured." (Source: Radikal,, 12.05.2002)
From the 11 teachers who were recently arrested in Mardin, 6 have been released after an appeal had been lodged against their detention. Their arrest was part of a raid on an apartment where the 11 were learning Kurdish. Those released were Sermin Erbas, Faruh Kilinc, Aziz Yücedag, Ahmet Ökten, Nusrettin Demir and Mahmut Kuzu. They were met at the prison entrance by members of the trade union Egitim-Sen. The 5 teachers and 1 agricultural engineer still being held will soon be brought before a judge. (Source: Özgür Politika, 15.05.2002)

Kurdish Tuition as Grounds for Torture 

As was reported in WIS155, 12 people of whom 11 were teachers, were allegedly tortured while being detained by police after having been arrested in Kiziltepe for learning Kurdish together. 
The 12 people, 11 of whom were members of the teachers trade union Egitim-Sen, were arrested in an apartment in the district of Kiziltepe in Mardin on May 7th. A magistrate had issued warrants for their arrest. The Mardin branch of Egitim-Sen said in a written statement that those arrested had been subjected to torture and ill treatment: "Our colleagues were subjected to various methods of torture; they were sprayed with high-pressure water, they had plastic bags pulled over their heads, they were forced to sing marching songs and to do the goose-step, they were brutally beaten, left for 3 days without food or water, they were stripped naked, had their testicles crushed and were verbally abused”. One of the teachers, Sermin Erbas, was not spared the torture despite being pregnant. Because of her  poor condition she was taken to Diyarbakir’s Medical Faculty on the evening of her detention. According to the statement, her condition remains serious.
Egitim-Sen has pointed out that there was a complete disregard for legal procedures following the arrests. Despite complaints from their lawyers, between 25-30 police were involved in the questioning. The trade union has called on the public to be aware of the events. (Source: Yedinci Gündem, 12.05.2002 )

Torture in Mardin 

Mardin’s state prosecutor has begun investigations into 5 police officers (including one female). They are alleged to have tortured Hamdiye Aslan (35). She had been arrested with 3 other people on March 5th in Kiziltepe (Mardin) and taken to the police headquarters in Mardin. Three days later she had to be taken to the state hospital but a doctor there could not find any evidence of torture. After Ms. Aslan made allegations of torture to the state prosecutor he had her re-examined in the state hospital where another doctor found hematoma to the arms, ear and soles of the feet. Hamidye Aslan had been placed in Mardin’s prison for supporting the PKK. The investigations are being carried out against police inspector Levent Birsel and police officers Abdulkadir Özer, Bayram Ural, Nazim Ege and Hanife Sennur Pat. (Source: Yedinci Gündem from 05.05.2002)
 
Self Indictments in
Campaign for Mother Language

Bingöl. In the district of Karliova 13 activists of the “Campaign for Reform of Article 42” of the constitution have indicted themselves. Having made statements they were taken to the prison in Kar-liova.
In Mus, (Malazgirt) HADEPmembers were arrested for sending a letter to parliament.
In the district of Bulanik leading members of HADEP were summoned to the state prosecutor’s office to make a statement. While making their statements the hearing was broken up following a call from the state prosecutor to the security authorities. According to the district head of HADEP, a total of 50 hearings had been made and there had been pressure to make statements against leading members of HADEP.
Bolu. At the University of Bolu a case was opened against 4 students who had submitted requests for Kurdish tuition. The court in Ankara found the students not guilty of “supporting the PKK”. (Source:Özgür Politika, 16.05.2002)

Death Fast Victims’ Father Before Court 

On May 6th  2002, a case began in the 4th Chamber of Istanbul’s State Security Court against Ahmet Kulaksiz, the father of Canan and Zehra Kulaksiz, who had died during a death fast (Canan Kulaksiz on 15th April and Zehra Kulaksiz on 29th June 2001). Ahmet Kulaksiz had then written a book “The Lives of Two Sisters: Canan and Zehra”. He, and his publisher, Muharrem Cengiz, and the publishing company Tavir, are now charged with spreading propaganda for an illegal organization. Ahmet Kulaksiz said during the hearing that he did not want his daughters to participate in the protest but at the same time was against the F-type prisons. The case was adjourned. (Source: Cumhuriyet, 07.05.2002)
 
Mezarci Released from Prison 

Hasan Mezarci, former parliamentary member of the RP, was released from prison in Ipsala on May 6th. He had begun a prison term on February 5th which had been imposed on him by Ankara’s Criminal Court No. 5. He had been convicted for a letter he had sent to Nelson Mandela congratulating him on refusing the Atatürk Peace Award because of its associations with a known dictator. (Source: Sabah, 07.05.2002)

Village Guards Convicted for being PKK Activists 

A case has come to an end before the 1st Chamber of Diyarbakir’s State Security Court against 12 people from the district of Uludere (Sirnak). It concerned mainly village guards and their families. Four, who had been held in custody, declared their innocence and stated that there had been no armed skirmishes prior to their detention. However, the court sentenced to death Mustafa Ürek, Kerem Bilen, Ömer Yaman and Hamdullah Salman under § 125 of the Turkish Penal Code (TPC). The punishment was converted to life imprisonment. Kerem Ürek, Ramazan Yaman, Süleyman Yaman, M. Salih Ürek and Mahmut Ender were each imprisoned for 45 months under § 169 TPC. Mustafa Ürek and his relatives, Gevher Ürek and Naime Ürek, were found not guilty. (Source: Yedinci Gündem, 08.05.2002)
 
Torture in Diyarbakir

Bahattin Dogru has made a complaint through his lawyer Reyhan Yalçindag, against police officers and a doctor from the health authority in the town district of Baglar (Diyarbakir). From Diyabakir’s E-Type prison he informed his lawyer that he had been arrested on April 26th 2002 and was held for 4 days in Diyarbakir’s police headquarters. He had been stripped naked and brutally beaten. He had then been tortured by having his testicles crushed and cigarette burns to his body. However, the health authority doctor in Baglar would not attest to any evidence of torture. Therefore, investigations are to also be carried out against him. (Source : Yedinci Gündem, 10.05.2002)
 
Hizbullah Case in Diyarbakir

The 3rd Chamber of Diyarbakir’s State Security Court is continuing with a case against 21 suspected members of Hizbullah. The defendant Yusuf Begiç denies the charge and said that he signed his statement under police torture. Mehmet Veysi Özen, who had complained at the hearing from February 28th that he had been held in police custody for 43 days, did not appear in court because the police were still holding him under Decree 430 (possibility for repeat extensions of police custody in state of emergency regions). Cemal Tutar, who is alleged to be responsible for Hizbullah’s armed wing, pointed out that judges, state prosecutors, prison heads and other security personnel have to fear the same fate as that of police chief Gaffar Okkan (he was murdered in January 2001). The court then charged Cemal Tutar and adjourned the case until July 3rd. The state prosecutor has called for death sentences against 18 of the defendants. Three defendants expect penalties under § 168/2 TPC. (Source: Radikal, 10.05.2002)

Judgment on Bahçelievler Massacre

The 3rd Criminal Court in Ankara convicted Mahmut Korkmaz for his participation in what is known as the Bahçelievler massacre from 8th October 1978, whereby 7 students from the workers’ party TIP were killed. Under § 450/4 TPC the defendant received 15 years imprisonment for each murder. The complete sentence of 195 years was reduced to the maximum of 36 years. The court had separated the case from that against Kadri Kürsat Poyraz, who until now has ´not been apprehended. In November 1999, the same court had given 7 death sentences to the defendants Bünyamin Adanali and Ünal Osman Agaoglu. The 9th Chamber of the Court of Appeal revoked the sentences on July 14th 2000 on the grounds that the defendants could not be convicted as the principal offenders. However, Ankara’s 3rd Criminal Court upheld the original judgment. The Court of appeal also then concurred with the judgment. (Source: Cumhuriyet/TIHV , 15.05.2002)

Military Operation in Dersim

According to reports from units of the Turkish army, an operation with air support has begun in the region of Alibogazi (district Cemisgezek, Dersim province). Because of the operation, the region is closed to civilians until further notice from the authorities for safety reasons.
At the same time, following the EU’s classification of the PKK as a “terrorist organization”, the Turkish army have begun new operations mainly in the regions of Haftanin und Botan. There have been clashes. According to local sources, the Turkish army are also preparing themselves for operations in southern Kurdistan. (Source: Özgür Politika, 15.05.2002)

Amicable Agreement on Freedom of Opinion

The writer and journalist Ahmet Altan has reached an amicable agreement with the Turkish gov-ernment before the European Court of Human Rights after the government gave assurances of amending § 312 TPC and other legislation to combat terrorism to comply with Article 10 of the European Convention on Human Rights. The case had been brought concerning Ahmet Altan’s conviction for an article in the daily newspaper “Milliyet” from 17.04.1995 entitled “Atakürt”. (Source: Milliyet, 15.05.2002)

Turkey Passes Controversial Radio and TV Legislation 

The Turkish parliament have voted for a new media law which for the first time can impose sanctions against the Internet. Following heavy debate, the National assembly passed the legislation without amendment. Parliament therefore overrode the veto from president of state Sezer who had rejected the law a year ago because it aided the establishment of monopolies and its high penalties would restrict freedom of opinion. 
In future, media organizations will be allowed a 50% control of a radio or TV station. Up to now it had only been 20%. The regulation has also been abolished which excludes media concerns from receiving state commissions. This existed to prevent any amalgamation of media power with eco-nomic and political interests..
The board of control which monitors the content of radio and TV broadcasts, and in the past has frequently imposed broadcasting bans, shall in future mainly impose financial penalties. For nationwide broadcasters these can be between 125 to 250 Billion Lira (100 000 to 200 000 Euro), and for regional and local stations from 5 to 100 Billion Lira. Small broadcasters in particular are now concerned about their survival. 
The same penalties for the normal press can now be used against the Internet for “falsified news, slander and other offences”. (Source: dpa, 15.5.02)

Turkish President to Take Media Legislation Before Constitutional Court  

The Turkish President of State Ahmet Necdet Sezer, is against many passages within the new Turkish radio and TV legislation and has therefore appealed to the Constitutional Court. The former president of the court said that some of the bans within the law were so vaguely formulated that they would lead to uncertainty and would hinder broadcasters from reporting “truthfully and objectively”..
The new legislation forbids, amongst other things, broadcasts which “spread fear” or “provoke pessimism and hopelessness”. Turkey, an EU entry candidate which is making efforts for a speedy begin to entry negotiations, has had criticism from Brussels on the new media legislation. 
Critics in Turkey claimed in particular that the law would aid the creation of monopolies and the high penalties would impose restrictions on freedom of opinion. In future, media concerns will be allowed a 50% control of a radio or TV station. Up to now it had only been a maximum of 20%.. (Source: dpa, 21.5.02)

Turkish Media Legislation as 
Censorship Legislation -  Ban on “Opinions Contrary to Reality”

The Turkish parliament has passed a radio and TV law which has been heavily criticized by the press and opposition politicians. The Board of Control is to protect the public from “falsified reports” and “pessimism”. The president of state had rejected the law as undemocratic and unconstitutional. 
It had been drawn up a year ago as part of Turkey’s compliance with the European Union (EU) and had then, as now, come up against opposition. Particularly controversial is the regulation which permits media companies practically unlimited ownership of printed, electronic and Internet media outlets. A monopoly of the press in Turkey is nothing new. The Dogan Holding in particular has a commanding position in the media market. The fact that many of the restrictions on media moguls have been revoked in the new law, leaves many small and local media organizations anxious about their survival. Even the Turkish-Islamists fear that their relatively small media outlets could be silenced. 

At Risk of Draconian Penalties 

Revoking the ban on media organizations obtaining state commissions was highly controversial. This ban was originally intended to prevent any amalgamation between media powers, the economy and politics. Media concerns have let it be known for some time of their interest in public tenders, whether they concerned the privatization of state banks or the awarding of energy projects. They found keen listeners particularly in the conservative Motherland Party (Anap), who had heavily sup-ported the legislation.
The new law has also led to a change to the Press Code and has extended the powers of the Board of Control for Radio and TV. This Board monitors programme content. Over the past few years they have imposed numerous broadcast bans on awkward programmes. There has been a preference to ban broadcasters who criticize the military leadership, question the government’s Kurdish policies, or who express opinions other than the official ones on the secular organization of the state. According to the new legislation, the Board of Control can now take action against broadcasters who spread “opinions contrary to the reality”, for broadcasting “falsified news and offensive reports”, or to “provoke pessimism” through their reporting. However, the board is to now primarily impose financial penalties instead of broadcasting bans. Financial penalties range from 10 billion to 250 billion Turkish Lira, around 14 000 to 290 000 Francs. Such penalties would mean the financial ruin for the smaller stations. The penalties also apply to Internet broadcasts. The new media legislation still permits broadcasts in Kurdish.

Renewed Veto by President?

A speaker for EU enlargement said that the new legislation was not a reform but rather “a step backwards” and called on Ankara to again review it. Turkish critics are placing their hope on President Ahmet Necdet Sezer. Sezer had already rejected the law a year ago for being undemocratic and unconstitutional. However, according to the constitution he may not veto a law that has been passed twice, without amendment, by parliament. However, experts say there is a possibility of veto because of the fact that the coalition partners, in their haste, only debated 18 of the 36 paragraphs in total. The president could also call on the constitutional court to oppose a law which he has not approved. The Islamic Opposition have also stated that they will take this approach. (Source: NZZ, 17.05.2002)

Media Board May Censor Internet 

Turkish Internet providers will in future have to submit the content of their websites to a state media board for authorization. This is the intention of a new radio and TV law which was recently passed by parliament in Ankara. According to the new regulations, the providers of chat rooms and other discussion forums could be made legally responsible for all information they generate. According to observers, the new censorship regulations will lead to many Turkish Internet providers having to close their websites.
In future, “falsified news reports” and reports which “provoke pessimism” or “cause fear” can be liable to fines of up to 200,000 Euros. According to critics, regulations in the new legislation will speed up the concentration of the media landscape. (Source: FR, 16.05.2002)

Turkey Strengthens Internet Legislation 

A ban on the spreading of pessimism; new Websites to be authorized per post. Turkey is taking a completely new approach to restricting on-line freedom of opinion. While Turkey attempts to comply with the Copenhagen Criteria for EU entry, the Turkish parliament has passed new media legislation: free expression of opinion on the Net will be drastically diminished, but not completely without opposition: a brawl in the Turkish parliament was only just prevented following the 10 hour debate. However, the legislation, which was heavily criticized by the EU, was passed without amendment. 

Company Interests at the Expense of the Citizen 

Despite the passing of the legislation with 202 yes votes and 87 against, there are still some members of the 3-party Turkish coalition government who are not prepared to give up the fight against this repressive legislation. One of these, Nezir Aydin, accuse the yes voters of supporting media moguls at the expense of the citizens’ interests and he called on President Sezer not to agree to the law. However, the president has already exhausted his right of veto after vetoing the law last June for being unconstitutional.

No Website without Authorization 

The law allows for astronomically high financial penalties for indistinct offences such as “provoking pessimism”. Media observers fear that powerful media moguls will use their influence to force awkward small providers out of the market and to establish monopolies. Website providers must also receive authorization from the government before going online with a new site. They have to send 2 printed sides by post of the site to be published to obtain authorization..

Restrictions of Freedom of Speech

The law’s opponents are greatly concerned that the law will put a stop to regime-critical forums and political opposition on the Internet. Yaman Akdeniz, the director of a cyber rights and cyber freedom organization said “I am sure that it is intended to silence criticism of the Turkish parliament as well as any form of political expression or criticism”.
“That’s what it’s basically about. It must immediately  be made clear to the parliamentary members that the Internet is a global medium without frontiers and that restricting freedom of speech could devastate the Internet’s development in Turkey. (Source: Netzeitung, 17th May 2002)

Entry Ban to Turkey for General Secretary of Reporters Sans Frontières 

Turkey has issued an entry ban on the general secretary of the journalist organization Reporters sans frontières (RSF), Robert Mänard. The German section of RSF reported that the written entry ban was issued to Mänard, who intended to give a press conference in Istanbul, by the Turkish Embassy in Paris. Linked to the ban is a world map that was unveiled in the Paris station of Saint-Lazare in which the Turkish head of the general staff, Hüseyin Kivrikoglu, was depicted as an “enemy of press freedom” alongside dictators such as Saddam Hussein,”. The map had led to tension between Ankara and Paris. The Turkish general staff had threatened breaking off military contact. (Source: dpa, 16.5.02)

Conviction in Murder Case

On 16th May 2002, the 2nd Criminal Court in Kadiköy convicted Ihsan Bal, head of the Idealist Association in Küçükbakkalköy, to 24 years in prison for the murder of Hüseyin Duman (28), member of the Socialist Power Party (SIP). However, he was then released under a law allow-ing sentence reduction. Following the murder on 17.04.1999, the defendant gave himself up on 14.01.2001 but was freed on bail on the same day. He was only detained on 30.11.2001 after a witness had identified him. Ihsan Bal has already been twice charged in the past with other political murders but had always been found not guilty because of lack of evidence. This concerned the murders of Ali Güngör from the KSD on 23.04.1983 and Mete Yüksel from Akincilar on 23.02.1979. (Source: Yedinci Gündem, 17.05.2002)

Urgent Call from the Syrian Human Rights Committee 
(SHRC) to reveal the Whereabouts of Nawras Hussein el-Ramadan

SHRC has found out that airport and security authorities had arrested Nawras Hussein el-Ramadan on 13th February in Damascus following his arrival in Syria from the UAE where he works as a teacher. No one knows of his whereabouts, nor of his fate.
Mr. Nawras Hussein el-Ramadan (b.1944) is from the village of Tamaniah, Idlib Province. He is a father of 5, had studied in Damascus University and now works as a teacher in the UAE. 
He left Syria in 1980 during the wave of arrests there. Prior to his return he had contacted the authorities who had ensured him that his return was not a risk. However, on arrival he was immediately arrested.
SHRC called on the Syrian authorities to release Mr. el-Ramadan and to give guarantees that he would not be tortured. 
Send your complaints to the Syrian authorities. 
Further information is available under: 
http://www.shrc.org/english – Syrian Human Rights Committee (SHRC) (Source: SHRC,  22nd. April 2002)

88 Illegal Immigrants 
Arrive in Greece

A group of 88 illegal immigrants have arrived at the Aegean island of Eubaea onboard a sailing boat. The people, mainly of Kurdish origin, had set sail 2 days previously from Turkey. According to Greek coastguards, the boats 2 crew members, a Greek and an Albanian, were arrested as suspected human traffickers.
The Aegean is one of the routes over which international smugglers continually attempt to bring illegal immigrants into the EU. (Source: dpa, 12.5.02)

Twelve Kurdish Refugees 
Drown in Croatia 

Twelve Kurdish refugees fleeing from Turkey have drowned in Croatia. According to the news agency HINA, the final 4 bodies have been retrieved from the river Sava near the town of Zupanja in the eastern part of the country. There were 2 women and 2 children amongst the dead. A ferry also sunk recently on its way to Italy with 16 Kurds onboard. Police found an empty boat in the Bosnian part of the river. Four survivors were arrested. (Source: afp, 19.5.02)

Can the USA Attack Iraq 
With Kurdish Support?

An advisor from the French Ministry for Prognosis and Analysis has said that in his opinion there is a 90% probability that the USA are planning an at-tack against Iraq.
Gerard Chaliand, an international expert in the field of terrorism, said that in his opinion the US would require the Kurdish people’s support in any attack against Iraq. Everything would depend on whether the first attack against Baghdad was successful. 
He said that only then, when the US were in a position to use Kurdish forces, would America begin the attack. "As soon as the Iraqi army are on the defensive”, said Chaliand," the US would be in the situation to activate a Kurdish offensive with Kurdish troop, within Iraq who would the serve as a supplementary force”.  
He pointed to the presidential guards, numbering around 200,000, as the main reason why, despite any US attack, Hussein will still have enough energy irrespective of the ferocity of the attack. “The Presidential Guard is an elite force and includes the best warriors from the region”.
"A further reason why the US have thought twice about an attack is the possibility that a successful offensive against Iraq would lead to a partitioning of the country with the creation of an independent Kurdistan” (Source: wki, 17.5.02)
 

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With Best Regards

The Editorial Team