International
Association for Human Rights of the Kurds
IMK Weekly
Information Service
Date: 01
June – 09 June 2002 Number: 158
Not Guilty
Verdicts in Torture Case
On 24.05.2002,
Ankara’s 3rd Criminal Court found the police officers Ilhan Bozkurt, Ali
Hasim Erkus, M. Kemal Yildirim, Musa Aktürk, Nedim Binay, Yusuf Büyükoglu,
Serafettin Varol and Yilmaz Çetin not guilty of torturing the brothers
Metin Candogan and Ismail Candogan. The brothers had been arrested on 26th
June 2001 following a skirmish in the city district of Tuzluçayir (Ankara).
A new hearing was called for because of a report substantiating the alleged
torture and because the doctor who attested that the brothers had no health
problems has admitted that this claim was made without having made an examination.
However, the court agreed with the public prosecutor’s request for a not
guilty verdict because of lack of evidence. (Source: Evrensel, 25.05.2002)
Kurdish
Names
Two fathers
in Ardahan got into problems when they attempted to give their children
Kurdish first names. Kocalak Koç from the village of Bayramoglu was not
allowed to name his son Ro-jhat (Dawning Day) or his daughter Rojin (Face
the Day). When he insisted he was arrested. Shortly after this Tufan Akcan
from the village of Bagdesen went to the registry office in Ardahan and
obtained an identity card for his daughter Berivan.
Akcan had
given his daughter the name of “Berivan” because of his enthusiasm for
the heroine of a TV series. The naming has led to him being brought before
the State Security Court. If found guilty he could be sentenced to 4 years
impri-sonment for “supporting a terrorist organization”. According
to the news agency Anadolu, the director of the series, which is very successful
in Turkey, has reacted with bewilderment to the charge.
In Turkey’s
east, predominantly inhabited by Kurds, parents who give their children
Kurdish names are regularly being brought before the courts on the grounds
that these names are then being used “pseudonyms” for PKK members. A recent
case in the southern Anatolian town of Diyarbakir ended in a not guilty
verdict for the parents. The press had given a lot of coverage to the case
because the judge himself had a Kurdish name.
The head of
the registry office which had issued the identity card to Berivan, had
also informed the state prosecutor who had also questioned the public employee
Sengül Gök. The case was referred to the state security court in Erzurum
because of a possible violation of Articles 7 and 8 of the Anti-terror
law and §169 of the Turkish penal code. The state prosecutor at the court
in Erzurum did not, however, see any grounds to pursue a case because no
links could be established between the fathers and the PKK. In Nusaybin
(Mardin), Hasan Bozkurt was charged for naming his daughter Rojin. In Malatya,
Kadir Bilgiç was arrested for intending to register his daughter under
the name of Jiyan. He was released but will have to answer to the courts
for alleged support of an illegal organization. (Source: Radikal, 30.05.2002,
Anadolu Ajansi, 29.05.02)
Numerous
Organizations End Death Fasts
Prisoners
from 8 different organizations have said they are to end their hunger strikes
and death fasts. The protests against the F-Type prisons and isolation
detention had begun on 20th October 2000. As at May 28th 2002, prisoners
of the organizations TIKB, TKP/ML, TKP (ML), MLKP, TDP, Resistance Movement,
MLSPB and the TKP (Kivilcim) ended their action because nothing much more
could be achieved by it and their aims could be pursued by other means.
Only members of the DHKP/C and TKEP/L intend to continue with their action.
There are
apparently still 31 prisoners on death fasts. Along with 400 prisoners
who have suffered long-term damage resulting from death fasts, the protests
have cost 100 people their lives to date. In the operation “Return to Life”
on 19th December 2000, ordered by the government to transfer political
prisoners to high security prisons, 30 inmates (H Akbaba and M. Buldukoglu
were allegedly killed by organization members) and 2 soldiers were killed.
Thirty-two death fasters died in prison and 7 relatives died in solidarity
protests. Eleven prisoners died after continuing their action following
their release from prison. Five people died from setting fire to themselves
(K. Gülbag in Germany). Six people died in suicide attacks (2 perpetrators,
3 police officers and 1 tourist). Four people died in a police raid in
the city district of Küçükarmutlu. Mustafa Coskun died on 3.10.2001 because
of erroneous treatment for cancer while he was on a death fast. H. Demir
died on 27th April from tuberculosis. C. Dereli was beaten to death on
09.12.2000 in Holland by right wingers because he had joined in in a solidarity
hunger strike. (Source: TIHV, 30.05.2002)
Human Rights
Court Accuse Turkey of Violating Basic Rights
Turkey has
violated the basic right to freedom of opinion by convicting a writer and
philosopher for speaking up for the banned Kurdish Workers’ Party, the
PKK. This was decided recently by the European Court of Human Rights in
Strasbourg. The court also instructed the Turkish government to pay the
complainant €7,500 in compensation.. (Source: AFP, 04. Jun 02)
Millions
of Turkish Women Disadvan-taged in Divorce Cases
Millions of
married women in Turkey still have to wait for equal status in divorce
cases despite a new law having been passed. According to Turkish press
reports, this became evident following a decision by the constitutional
court in Ankara. The court rejected a claim from a woman from Izmir, western
Turkey, who wanted a divorce after 41 years of marriage as well as an equal
share of the couple’s assets. She made the claim under the reformed family
legislation which had come into force at the beginning of the year, and
which had strengthened the position of women. The judge stated, however,
that the new law was only valid for couples who married after January 1st.
(Source: AFP, 29. Mai 02)
NSC Curb EU-Opponents
Reform Plans
to be Intensified
At their meeting
on 30.05.2002, the Turkish National Security Council (NSC) revealed a series
of recommendations which should help Turkey’s convergence with the EU.
For example, the states of emergency are to be lifted on 30.07.2002 in
the provinces of Hakkari and Tunceli, and will be extended by 4 months
for a final time in the provinces of Diyarbakir and Sirnak. If the death
penalty is to be abolished, a clause will exist in the constitution whereby
crimes against humanity will not be pardoned. Kurdish broadcasts (in Kurmanci
and Zaza) are to be available over the public station TRT-GAP. Kurdish
tuition is to be available as a special subject, but Kurdish will still
not be used in normal lessons.
Devlet Bahçeli,
deputy Prime Minister and leader of the Nationalist Movement Party (MHP),
bluntly claimed recently that the EU should name a date for the commencement
of entry negotiations – there would eventually be compliance to the Copenhagen
Criteria.
He said that
talks on abolishing the death penalty could begin after PKK leader Abdullah
Öcalan had been executed. Up until the meeting of the NSC, Bahçeli believed
he was in unison with the military in his opposition to the EU. Sitting
on the council are heads of the weapons branch. They also occupy top government
posts. Nobody had reckoned with any serious decisions being made at the
meeting because Ecevit’s illness prevented him from taking part and Bahçeli
was still on a state visit to China. The government was represented only
by the second deputy Prime Minister Mesut Yilmaz.
End of States
of Emergency?
Bahceli had
expected a different outcome. The NSC decided to lift the states of emergency
in the Kurdish provinces of Hakkari and Tunceli. They will be extended
for the “final time” in the provinces of Diyarbakir and Sirnak. By the
time of the EU Council Meeting in December Turkey will have made a step
towards more democracy and the rule of the law. The states of emergency
in provinces mainly inhabited by Kurds, were first imposed in 1987.
The NSC encouraged
a speeding up of the reforms within the “National Programme” and gave the
green light for abolishing the death penalty, for permitting Kurdish language
radio and TV and for the introduction of native language tuition.
In December
the EU are to reward the reforms with a date for the commencement of entry
talks. With the announcements, Turkey is jumping over its own shadow and
keeping to its word. Native language tuition, in Kurdish in the Kurdish
regions, is only to take place in state schools and according to the national
syllabus. It will be ensured that local Kurdish dialects are taught and
not a general Kurdish language as has been called for by various exiled
Kurdish groups. Kurdish radio and TV broadcasts shall remain the preserve
of public stations and are to be limited to news programmes. Despite this
restriction, the NSC’s vote reaffirms the commitment of Turkey’s leadership
to EU mem-bership.
The EU Commission
welcomed the lifting of the states of emergency in the 2 provinces. The
NSC’s decision was “a positive signal and a step in the right direction”,
said commission spokesman Jean-Christophe Filori in Brussels. But the government
in Ankara did need to put it into effect as soon as possible. (Sources:
Cumhuriyet, 31.05.02 and Berliner Zeitung, 01.06.02)
State Prosecutor’s
Charge Against the Lawyer Keskin
(Translated
Extract)
Turkish Republic
(TR), State Security Court (SSR) Istanbul
Chief Public
Prosecutor of the Republic
Case No.: 2002/134
Main Issue:
2002/425
Indictment
2002/425
Prosecutor:Public
Accused: Emine
Eren Keskin, registered lawyer at the Istanbul Lawyers’ Association
Offence: Support
of a banned terrorist organization
Dates of Offences:
08.01.02, 14.02.02, 19.03.02, 21.03.02
Criminal Law:
Art. 169 of the Turkish Penal Code, Art. 5 of Law No. 3713, Art. 31 of
the Turkish Penal Code
Results of
Investigation:
The following
documents were evaluated: Document no. 008746 from 10.01.02 and enclosure
No. 045803 from 15.02.02 and enclosure No. M-03.02/2417 from 20.03.02 and
enclosure No. M-0302/2417/3591 from 26.03.02 and enclosures which the public
prosecutor obtained from the head of security of Istanbul’s police headquarters.
It was confirmed
that the accused Keskin is head of the Istanbul branch of the Human Rights
Associa-tion (IHD-Istanbul);
that she,
on 08.01.02, in the IHD-Istanbul building in Beyoðlu, distributed the press
statement "Appeal to the Universities” from 08.01.2002, which has been
put on file;
that she,
on 14.02.02 in the IHD-Istanbul building, distributed the brochure “The
Right to a Native Language – Withholding a Native Language”;
That she,
on 19.03.02 in the IHD-Istanbul building, distributed the “Human Rights
Bulletin” which has been put on file;
That the accused,
on 21.03.2002 in the IHD-Istanbul building, distributed flyers with the
head-line “Today is Newroz, the celebration of 21st March".
It was also
confirmed that there was a connection with the content of the flyers to
the campaign for tuition in the Kurdish language which had been decided
upon at the 7th Congress of the banned terrorist organization, the PKK.
In her statements
to the chief public prosecutor from 24.01.02 and 01.04.02, the accused
stated that she had produced and distributed these flyers as head of the
IHD-Istanbul and that she took respon-sibility for them..
[a part is
missing – what is meant is “the PKK”...] is an illegal organization which
aims to establish a Kurdish state on Marxist-Leninist principles in east
and southeast Anatolia where the offence of distributing written propaganda
against the indissoluble integrity of state territory and the Turkish nation
is being perpetrated. They also aim to integrate territory from Syria,
Iran and Iraq and for these purposes have carried out numerous murders,
assaults, attacks against villages and police stations, mass murders, robberies,
lootings and bombings.
The Turkish
Republic have been prosecuting a campaign against the organization known
as the PKK which receives material as well as ideological support from
enemies at home and abroad. As a consequence of the state campaign the
leader of this organization, Abdullah Öcalan, was arrested abroad, tried
and sentenced to death.
Following
the arrest of the organization’s leader, active supporters abroad made
efforts to follow a new political path. For this purpose the leadership
of the armed terrorist organization held its 7th Congress and on this date
[incomprehensible text - translator] carried out a 6th National Conference.
Resolutions passed at this conference concerned achieving their aims by
new methods known as a “democratization and peace project”.
According
to the new strategy, which still intends to achieve the same aims of this
brutal organization, a new “civil disobedience/revolt” action will be followed,
not based on violence, but by violating the laws of the TR, they intend
to bring our security forces and our country into difficulties at an international
level. To implement such activities the following points were agreed upon:
1. Students
who sympathize or who are members of the organization, are to submit printed
requests to university rectors for Kurdish to be taught as a subject
choice at universities;
2. Parents
of school pupils at primary and secondary schools are to submit requests
to the Min-istry for Training and Education, demanding that “I want my
child to be taught in Kurdish”;
3. Women from
supporting organizations are to wear regional costumes;
4. Applications
to be made at registry offices and courts demanding that “I want my identity
card to state ‘of Kurdish Origin’”;
5. Written
declarations to be made stating “I am a PKK activist and I support the
PKK’s new strat-egy”;
6. The PKK
leadership apparently approved of the campaign for Kurdish language tuition
carried out by students who supported their organization, as well as the
points concerning its extension to schools and colleges, and implemented
these.
The decision
by the terrorist organization, the PKK, for civil disobedience was published
in the June-September and December 2001 issue of the organizations publication
Serxwebun, also available on the Internet. This publication has been put
on file as evidence. The following quotes from an article entitled “Comment
on the Future – I want to give free education a chance” in the publication
Özgür Halk, No. 123 from 15.12.2001, make it clear that PKK supporters
were given instructions in this way:
"...a wider
call for Kurdish language tuition is necessary; not just from Kurds but
also Turkish students; it has to be done in lawful ways; limitation to
one or two slogans is to be avoided; Be creative; dozens of civil organizations
are to be established. Everybody should be linked to one or two civil organizations.
Whoever is not prepared to establish or build up civil organizations can
not be an active revolutionary...."
From the contents
of the file, the accused Keskin, in her activities, which are consistent
with the above, has been dealing with the illegal terrorist organization,
the PKK, has therefore aided the activities of the organization and has
therefore committed the offence of supporting an illegal organization.
Under the
corresponding law, the trial and conviction of the accused is applied for
in the name of the public according to Art. 20 of Law No. 2845.
14.04.2002,
Hadi Salihoðlu, Public Prosecutor of the Republic– 23866, State Security
Court Istanbul
(Source: Office
of Women’s Rights Against Sexual Torture e.V., Berlin)
Divorced
Women in Iran May Keep Sons for Seven Years
In future
divorced women in Iran may keep their sons up to the age of 7. Up till
now custody was automatically given to fathers for sons older than 2 years.
According to Iranian public radio, parliament agreed on changing the appropriate
legislation. Accordingly, the father receives custody as soon as the son
is 7. However, a judge can still grant custody for the mother after talking
to the child. The law still has to be agreed by the conservative Guardians
Council. (Source: AFP, o1.06.02)
Iran and
Turkey Tough on Iraqi Refu-gees
A truck with
34 refugees aboard, rolled over in an accident on a motorway in the Kurdish
region of Turkey. One refugee died and others were injured. This was claimed
by the refugees following their forced deportation to Iraq from Turkey.
The refugees were handed over to Kurdish authorities at the border. They
said that 4 of their comrades were seriously injured and were in hospital
in Turkey.
The group
had crossed into Turkey from Iranian territory after they had paid 1000
dollars to smugglers. It was reported that Iranian authorities had apprehended
51 Iraqis who had attempted to cross into Turkey. The refugees were handed
over to the authorities in northern Iraq (regional government of Kurdistan).
Kurdish sources, speaking under conditions of non-disclosure, said that
Iran had sent back 500 illegal Iraqi refugees to northern Iraq recently.
The majority of them came from the towns of Sulaimaniya and Kirkuk. Thousands
of Iraqi Kurds use Turkey as a starting point for the risky journey to
the West. Refugees forced to return when apprehended, have reported ill
treatment and abuse by Turkish troops and police. (Source: Iraq Press,
29.5.02)
Refugee
Drama in Turkey:
Ship
Sinks with Refugees Onboard
A refugee
boat with 40 illegal immigrants aboard is believed to have sunk before
the Turkish Aegean coast. Turkish coast guards searched for the boat after
the bodies of 5 Pakistanis were washed up on the beach near the tourist
spot of Kusadasi. According to statements from other refugees who were
apprehended around the same time on land, an initial group had already
set sail for Greece. The search for the ship was unsuccessful.
19 Refugees
Frozen to Death in Mountains
Nineteen bodies
have been found in mountains near the Iranian border to Turkey. The 10
adults and 9 children, possibly Afghans, are thought to have illegally
crossed the border weeks ago and froze in the snow, said the governor of
the eastern Turkish province of Van. The bodies were discovered as the
snow began to melt.
Amongst the
refugees who were apprehended on the Aegean coast were 31 Iraqis, 6 Indians
and 5 Pakistanis. They had numbered 80 at the outset and had been driven
in 2 lorries from Istanbul to the coast. According to their own statements
they had paid 2300 US Dollars for the planned crossing to Greece.
Turkey is
one of the “major transit countries” for 10 thousand refugees per year
from Asia who are ferried to Europe in inhumane conditions by people smugglers.
(Source: dpa, 30.05 02)
Four
Refugees Drowned
Four from
39 refugees who were found on the Iranian border to Turkey, drowned as
they tried to hide in reeds near the village of Örtülü in the district
of Dogubeyazit (Agri). They are to be buried in Dogubeyazit with the other
39 being deported. (Source: NTV from 29.05.02)
Three
Refugees Killed
The governor
of Erzincan, Halil Ibrahim Altinok, has said that 3 refugees, 2 from Afghanistan
and 1 from Bangladesh, were killed near the village of Aksu. They apparently
became involved in a shoot out with security forces. Thirty refugees were
arrested during the incident and were then deported. Other arrests of refugees
were reported in Van (110), Edirne (50) and Gebze (8). (Source: Cumhuriyet,
28.05.02)
Further
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but rather the current discussions concerning the issues we deal
with. Visit our site at www.kurden.de..
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Regards
The Editorial
Team
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