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International Association for Human Rights of  the Kurds
IMK Weekly Information Service
Date: 17 June –  28 June 2002           Number: 160

 
Not Guilty Verdict against Oztoprak
An Istanbul Court has found the Kurdish author Hasan Oztoprak not guilty on the charge of incite-ment to race hatred. EU and PEN organisations had observed the trial. The case had been brought on the basis of Oztoprak’s book "The Creation of a Lan-guage ". (Source: ap and taz, 21.06.02) 

Cases Discontinued Against Turkey Following Agreements 
Turkey has relented in 2 human rights cases before the Strasbourg courts. Turkey said that it was pre-pared to pay 100,000 Euros to the relatives of a man on hunger strike who had died in police cus-tody in 1993. It also officially declared its regret for the death. The European Court of Human Rights then dropped the case. A case concerning a breach of press freedom and freedom of opinion was also dropped following an out of court settlement. An-kara agreed to pay 3,300 Euros to a journalist who had been fined for allegedly inciting class hatred. (Source: FR, 21.06.02)

Torture in Adana
On 14.06.2002, Ali Polat who works for the publication “Devrimci Demokrat”, held a press conference at the IHD in Adana. He claimed that another of the publication’s employees, Ali Gezer, had been abducted by police in civilian clothing on 01.06.2002. He had been beaten and verbally abused in a vehicle. At a location unknown to him he was then tortured by being hung up. He was let go the following day in an open field. A further employee, Ali Ugurlu, had also been tortured fol-lowing his arrest on 05.06.2002. (Source: Evrensel, 15.06.02)

Shepherd Killed by Bomb 
The shepherd Duran Kazan (18) died on 14.06.2002 when a bomb exploded which he had discovered in the region of Kuzukent near Yesilkent, in the dis-trict of Nurhak (Maras). Four of his animals also died. (Source: Evrensel, 15.06.02)

Doctors Found Not Guilty 
On 17.06.2001, Bursa’s 2nd Criminal Court passed a not guilty verdict against the doctors Bülent Aslan-han - head of Bursa’s Medical Association and member of its honorary committee - Hamdi Ugur, Sule Akköse and Arif Ismet Adanur on a charge of breaching § 526/1 of the Turkish Penal Code. They had allegedly ignored instructions from the Justice Minister when visiting hunger striking prisoners. (Source: TIHV, 18.06.02 )

Doctors Charged Because of Torture Diagnosis 
On 17.06.2002, a case began before the 1st Criminal Court in Istanbul against Dr. Ayhan Sandal and Dr. Orhan Fevzi Gümrükçüoglu. They had been ac-cused of falsifying records in respect of medical certificates for Mustafa Albayrak and Tufan Mengi. The latter had been arrested and questioned by police from the organised crime unit in connection with an investigation against Istanbul’s city admini-stration (during the era of the religious mayor Re-cep Tayyip Erdogan). Dr. Ayhan Sandal told the hearing that he had discovered traces of torture on Tufan Mengi after police officers had left the room. “Mustafa Albayrak then arrived and also complained of havin been tortured. Dr. Orhan Gümrükçüoglu requested the police officers to leave the room, referring to a ministerial directive. At the end of the examination Mustafa Albayrak asked me to make just a normal report because he was afraid he would be tortured again”. Dr. Orhan Gümrükçüoglu said that he had only requested that police officers leave the room and now he was being made to answer to charges of falsifying documents. He pointed out that Tufan Mengi had attempted suicide while in police custody -  an inidcation of the pressure he had been under. So as to refute the report of torture, police took the prisoners to 4 different hospitals. When these hospitals also declared there was evidence of torture, a doctor in Okmeydani then issued a report which claimed the priosners were in good health. However, this doctor was not practicing. The court adjourned the case to question the police officers. (Source: Yeni Safak, 18.06.02)

Kurdish Politician Tortured 
On 17.06.2002, the members and officials from the Party for Rights and Freedom (HAK-PAR) who had been arrested in Diyarbakir on 12.06.2002, were brought before the state prosecutor and judges of Diyarbakir’s state security court. Leading mem-ber Mehmet Eren was held in custody for possessing banned literature. The other 22 were released. Some of these turned to the TIHV center in Diyarbakir for treatment for the torture to which they had been subjected. (Source: Evrensel, 18.06.02)

Bomb Explosion
Saddam Poker (11) and Muharrem Poker (9) were killed when a hand grenade they were playing with exploded. They had found it near the village of Aktuglu in the district of Dogubeyazit (Agri). Melih Poker (5), Serhat Poker (8) and Oktay Poker (3) were injured. (Source:  Evrensel, 18.06.02)

Torture in Van 
Memduh Özbey has made a complaint of torture in Van. On 16.06.2002 he took a relative to hospital who had been injured in a fight. He was then arrested at the hospital. At the main police station he was beaten, kicked and abused. He received a broken nose and facial injuries. As he was about to lose consciousness he was taken to hospital. A doctor would not issue a medical attestation be-cause of the pressure he was apparently put under. The state prosecutor later ordered his release. Memduh Özeby then again received treatment. His father Sadi Özbey stated that charges would be brought. (Source: Yedinci Gündem , 19.06.02)

Files on Execution 
The files on 2 more death penalty verdicts have been submitted to parliament. The total number of verdicts has now risen to 32 affecting a total of 83 people. The latest verdicts were against Salih Izzet Erdis, also known as Salih Mirzabeyoglu, the al-leged head of IBDA/C. The other 2, Hasan Ay-dogan and Türkan Özen were sentenced to death under § 146 of the Turkish Penal Code. (Source: Sabah, 20.06.02)

Death in Custody 
On 08.06.2002, Zübeyir Tekin (55) was arrested in Batman along with his daughters, Hatice Tekin and Herdem Tekin, following a fight. Although he was feeling unwell he was taken firstly to the police station. He died later on the way to Batman’s state hospital. He had apparently had a stroke. His family have accused the police of failing to provide help. Zübeyir Tekin had had no history of health prob-lems. (Source: Evrensel, 11.06.02)

TIHV Employees Found Guilty 
On 10.06.2002 Izmir’s 4th Criminal Court passed judgement against Dr. Alp Ayan, a psychologist at TIHV’s rehab center in Izmir, Mehmet Barindik from the trade union Limter-Is, and Abdülbari Yu-sufoglu (who died on 30.09.2001 following a death fast). The 3 persons had been charged in connection with a press statement from 13.01.2001 in which they opposed the F-type prisons and the 19.12.2000 operations against prisons. Dr. Ayan and Mehmet Barindik were sentenced to 1 year in prison for libeling the Justice Minister. The case had been brought by the Minister on 16th May 2001 after a previous case concerning an unauthorized demon-stration had ended on 26th April 2001 with a not guilty verdict. The charge against Yusufoglu was dropped. (Source:  TIHV vom 11.06.02)

Bomb Explosion in Baskale
Children found ammunition for a missile launcher in the district Baskale (Van). It then exploded as they played with it killing Ozan Çiçek (6). Fatma Çiçek (10), Felat Can Çiçek (5) und Nazli Varsak (10) were injured. (Source: Evrensel from 14.06.02)

Journalist Found Guilty 
On 12.06.2002 Anakara’s state security court found Memik Horuz, publisher of the magazine “Isçi Köylü”, guilty of membership of the illegal organisation TIKKO and was sentenced to 15 years imprisonment. His defense lawyer, Filiz Kalayci, claimed that he could not have made the alleged interview with TIKKO militants because he was in Istanbul at the time. She described the defector Erol Çetin who had lied to avoid punishment. But he still received a prison sentence of 12.5 years for being a TIKKO member. Memik Horuz has been in custody since 25.06.2001. The interview with TIKKO members did not appear in “Isçi Köylü” but rather in “Özgür Gelecek”. Therefore, its chief editor of this publication is also to be brought before Istan-bul’s state security court. (Source: Evrensel, 14.06.02)

Adana’s State Security Court Passes Not Guilty Verdict
On 13.06.2002 Adana’s State Security Court found the following not guilty of membership of the ex-treme-religious organisation “Hezbu’t-Tahrir” be-cause of lack of evidence: Murat Gezenler, Hakan Erdem, Cüneyt Akkas, Halil Ibrahim Türkmen, Murat Nalbant, Bahri Kösedag and Kadir Çorum. They had been arrested in Konya in February and, with the exception of Kadir Çorum, had been de-tained in custody for a period of time. (Source: TIHV, 14.06.2002)

Human Rights Court Finds Turkey Guilty of Negligence 
The European Court of Human Rights has found Turkey guilty of an explosion on a rubbish tip 9 years ago in which 39 people died. The Strasbourg judges decided in favor of a 47 year old Turk who lost 9 members of his family in the 1993 explosion. The government in Ankara now have to pay him 154,000 Euros in compensation. (Source: AFP, 18.06. 02)

Turkey Found Guilty of Setting Fire to a Kurdish Village 
The European Court of Human Rights has found Turkey guilty of burning down a Kurdish village and of the disappearance of 3 of its inhabitants shortly afterwards.
Ankara must pay 150,000 Euros to the villagers because their houses were deliberately set on fire.
On 6.05.1994 Turkish soldiers moved into the southeastern Anatolian village of Deboyu and gave its inhabitants 1 hour to leave their homes. They then set fire to the houses.
Two weeks later the soldiers returned and took away 3 members of the Orhan family as guides. They never returned.
The court said that Turkey had breached the Orhan family’s right to life, right to the ownership of property, the right not to be subjected to torture and the right of respect for themselves and their private life. 
The court concluded that Ankara had carried out only a cursory investigation and that it took place too long after the event. The court also stated that the men’s disappearance and the destruction of the village were “especially serious and unlawful“.
The court also recently judged that Turkey had breached the right to free elections after Turkey had removed 13 Kurdish elected members from parlia-ment.
Turkey has not yet been named as an official candidate for assession to the EU because it has not fulfilled basic democractic criteria such as upholding the rule of law in a constitutional state and the upholding of human rights, especially that of the Kurds. (Source: AFP, 19.06.02)

Turkey takes Responsibility for the Deaths of Two Kurds 
Turkey has taken responsibility for the deaths of a Kurdish woman and her son who died in in a mili-tary operation in 1992. In a statement from the European Court of Human Rights, the government in Ankara regretted the “unjust and inappropriate use of violence” which led to the 2 deaths. Turkey reached an amicable agreement with the father of the family who had brought the case before the court. Ankara intends paying him 142,695 Euros in compensation. (Source: AFP, 27.06.02)

27 Children Brought Before Diyar-bakir’s State Security Court 
According to a report in the Turkish newspaper Hürriyet a case has begun before the state security court in Diyarbakir against 27 children aged bet-ween 11-18 because they had demanded the right to native language tuition in the city district of Carikli.
The state prosecutor from the 3rd Chamber of the Courts accuse the children and adolescents of “aid-ing a terrorist organisation” through their demands, and has called for prison terms of 3 years and 9 months.  (Source: Hürriyet, 11.06.02)

Strasbourg Decides in Favor of Leyla Zana
The Turkish politician and human rights activist Leyla Zana has received a decision in her favor from the European Court of Human Rights - but still remains in prison after 8 years of being  behind bars.
The former parliamentary president Hüsamettin Cindoruk described Leyla Zana as „spokewoman for a gang of murderers within the parliament“. As a newly elected member of parliament Zana gave her oath to the constitution and then said in Kurdish “I have made this oath on the brotherhood of the Turkish and Kurdish people”. In Turkish eyes, this was not just a statement expressed in the wrong language. The 30-year-old slim woman also wore a red, yellow and green ribbon in her hair - the col-ours of the Kurdish Workers’ Party or the colours and of the Kurdish movement dating from the the short-lived Iranian-Kurdish Republic of Mahabad from 1945/46?  
From a Turkish point of view, there was no differ-ence. The parliament was in uproar. Leyla Zana held up under the pressure from the chamber, com-prised mainly of men, and when the chairperson asked whether she wanted to withdraw what she had said, she cleverly replied, “Should I withdraw brotherhood?”
In 1994 Leyla Zana and 6 other parliamentary members of the DEP party received long-term prison sentences. Seven members fled abroad and others attempted to do so.- Leyla Zana awaited her arrest in parliament. The state prosecutor had called for the death penalty against her, but instead she was convicted to 15 years in prison. The court claimed that she was guilty of “membership to an illegal and armed organisation“.
Leyla Zana came from the country and was married at 14 to the politician Mehdi Zana. She had her first child at 15. The military putsch took place when she was pregnant with her second child and her husabnd, who had reached the position of mayor of Diyarbakir, was sent to prison. He was only relea-sed 11 years later. Leyla Zana had been made ho-meless and only kept going by, for example, work-ing as a cleaner. She also learnt Turkish becau-se Kurdish was strictly forbidden during prison visits and in any dealings with the authorities..
She began her political career in acts of protest against prison conditions - during this time many political prisoners died in Diyarbakir. When Mehdi Zana was eventually released he no longer had an obedient, village beauty as a wife, but rather an energetic politician. The marriage almost broke up because of this. 
For many Kurds Leyla Zana is a saint. For many Turks she is a witch who insidiously conspires with PKK leader Abdullah Öcalan. These views and life experiences are worlds apart.
The European Court of Human Rights awarded compensation of 5,000 Euros to Leyla Zana and 12 other Kurdish former members of parliament be-cause their right to be elected had been violated. Of the seven people convicted at that time, Leyla Zana, Hatip Dicle and Orhan Dogan remain in Ankara’s central prison. (Source: ND, 14.6.2002)

Anti Torture Committee: Electric Shock and Cold Water Treatment also Evident in Europe 
Electric shocks to sensitive body parts, beatings to the soles of the feet, held under water or sleep dep-rivation. What reads like a catalogue of cruelty from a dictator state actually comes from the reports of the Anti Torture Committee of the Euro-pean Council who also claim that torture and abuse of prisoners is still evident within Europe even if it is becoming less frequent. The committee had its 15th anniversary on 26.06.2002, the United Nations’ Anti-Torture Day. 
The committee was set up as result of the “Euro-pean Convention on the Prevention of Torture and Inhuman or Undignified Treatment or Punishment” which the European Council passed in 1987. The convention intends to protect prisoners and patients in psychiatric institutions from abuse. The committee has a world-wide jurisdiction. It is the only instituion currently permitted to inspect any custodial institutions of the signatory countries, at any time , and to be able to speak alone with the prisoners. 
Doctors, lawyers, prison, police and human rights experts make up the committee which regularly sees behind the prison walls of all countries within the European Council. The number of experts corresponds to the number of signatories to the convention which currently stands at 43. The committee president since March 2002 has been the British criminologist Silvia Casale.
The committee usually travels to individual countries by prior notification, but also sometimes carries out surprise visits - the so-called "ad-hoc-Visit". This was the case when inspecting the prison conditions of the fromer PKK leader Abdallah Öcalan in Turkey. The gates are not always will-ingly opened for the experts, said Casale, even when this is guaranteed by the convention. Police and prison governers are sometimes reluctant. "Then a mobile phone is very handy for getting hold of the top person", said Casale. Up to now, she amd her team have been given access everywhere they’ve been. The committee also uses reprots from national and international human rights organisa-tions to prepare fro their trips 
The committee issue a report following every visit. It is, however, confidential and can only be made public with the agreement of the government concerned. This is a weak point as Casale admits: "We can only speak openly, and critically, with the authorities and achieve long term improvements". If the conditions in a country do not improve follow-ing numerous visits then the committee goes public. This happened with Turkey in 1992 and 1996 and with Russia in respect of the Chechenya.
Casale did not differentiate between abuses in the individual European countries. Mild forms of abuse  were found in all European states: overfull prisons, poor hygiene, too little light within the cells. "But it is clear that there are fewer complaints in those countrires which have belonged to the convention fro 15 years as in countries which are new members". In general Casale said that the abuse of prisoners happened considerably more often during or shortly after arrest than in normal prison institu-tions. 
However, Casale has seen a worrying trend in re-cent times concerning abuse which is medically difficult to prove because it leaves little trace. For example, prisoners are sprayed with cold water or forced to stand for hours in their cells without being allowed to sleep. (Source: dpa, 24.06.02)

Majority of Turks Want EU Membership 
Clearly more than a half of the Turkish population support their country’s membership to the EU. According to a survey by the Turkish Foundation for Economic and Social Studies 64 percent of the 3,060 people surveyed would vote in a referendum for membership, with 30 percent being against. Six percent had no clear opinion. At the same time 52 percent were against Kurdish language school tui-tion and 47 percent rejected Kurdish language radio and TV. However, a clear EU demand for assession to the EU is to give greater cultural rights to the Kurdish minority.  (Source: AFP, 28.06.02)

Baath Regime’s Persecution Against Kurds and Other Etnic Groups 
Under the pretext of wanting to upgrade the tele-communications system, the Iraqi regime has taken every opportunity to install telephone lines in the traditional Kurdish town districts of Kirkuk such as in Rahim Awa, Shaja, Imam Kasim, Azadi and Oskan.
This is part of an escalating policy of ethnic clean-sing in Kirkuk.
The regime continues to enforce a policy of Arabi-zation in the province. Arab families are being offered cost-free land, land which has been taken from Kurds, Assyrians and Turkmen. Arab families receive between 500 and 7,500 US dollars in aid if they are prepared to settle in the province of Kirkuk.
There are even reports in the offical Iraqi press which shamelessly confirm these racist policies such as the article in the Iraqi Kirkuk newspaper „Sawtal-Ta’mim“ which reports on the transfer of 10000 Kurdish lands to members of the Arabian military and their families.
The Kurdish newspaper Brayeti from 26.06.2002 also reported on the seizure of around 45,000 hec-tares of agricultural land which had belonged to Kurds and Turkmen. (Source: Kurd. Newsline, 11.06.02)

Iraq Seeks Ways of Avoiding UN Em-bargo 
The Iraqi regime are seeking ways of exporting to its neighboring countries more than the permitted levels of crude oil and other products.
Freight and passenger aircraft have been flying from the city of Mossul in northern Iraq to Turkey and Syria. The connection, which has been in exis-tence since August 2000, has led to a significant increase in export trade, particularly with Syria. 
A further train connection bewteen Iran, Iraq and Syria may be finished next year. This would con-nect Teheran and Khorramshar - one of the largest ports in Iran - with Baghdad and the town of Al-Qaim on the Iraqi-Syrian border, and then finally with Damascus.
“Iraqi Railways“ had been concentrating on the manufacture of tanker trains of which 250 have just been finished. According to official reports each one has a capacity of 56,000 liters of crude oil. It is not known how many of these trains are currently in operation but it is said that their construction and repair is being continuously carried out. Further-more, Iraq has been transporting crude oil and other products by road to Syria, Turkey and even to Iran. Economic analysts estimate that Iraq exports daily up to a half a million barrels more than is permitted by the UN’s oil embargo resolution.
Transportation lines to Syria have a potential capac-ity of 1.6 million barrels per day - currently 250,000 barrels are being exported from Iraq. Syria oppose breaking trade sanctions which were impo-sed on Iraq following its 1990 invasion of Kuwait.
Despite the embargo Iraq has strengthened trade relations to its neighbors. Even wealthy Gulf states have opened their markets to Iraqi traders. Saudi Arabia have been considering a free trade agree-ment with Iraq and have therefore opened their borders to trade.
Iraq are getting support from Arab states, especially from Syria, Egypt and Saudia Arabia, to get around UN sanctions. Saddam is also seeking their help against the US’s declared intention to topple his regime.
Economic agreements are helping the regime to overcome its isolation in the Arab world. Even oil rich Qatar signed a free trade agreement in June 2002 and is the 10th state to do so within the past 2 years. (Source: Iraq Press, 10.06.02)

Syria Suppress Freedom of Opinion: Police Action Taken Against Peaceful Criticism 
One of Amnesty International’s major concerns is the sudden increase of political imprisonment of members of parliament, prominent opposition figures and other members of citizen groups and human rights movements since the end of 2000. An AI report reveals cases of 12 prisoners who have been solitarily confined and who had only used their internationally recognised right to free expres-sion and then ended up in a Syrian jail. The cases in the report can be divided into 3 categories:
a) 10 prisoners of conscience have been detained in Adra prison since September 2001. Two have been brought before a criminal court and the others be-fore the supreme state security court.
b) One prisoner of conscience was brought back by force from abroad and is now in the infamous prison of Sednaya. He is also to be brought before the state security court.
c) Another prisoner has been held since 1992 in the same prison after being sentenced to life imprison-ment in an unfair trial before the state security court.  (Source: SHRC, 06.06.02)

Arrest of Muslem Shaick Hassan by Security Police 
The Syrian Kurd Muslem Shaick Hassan was ar-rested on 17.05.2002 at his house in the town of Ain Al-Arab (region Kobani, province Aleppo), by security police without any charge. He was firstly questioned in Aleppo and later transferred to the secure prison in Damascus.
Up till now neither his lawyer nor family have been permitted contact with him.
Shaick Hassan is known in his town as a well-liked and respectable citizen. “His only crime is his obvi-ous efforts towards personal integrity and Kurdish dignity as well as his activities on general national issues, his love of knowledge, his rejection of any form of backwardness, his rejection of the appalling clique economy, his opposition to any form of dis-crimination and oppression based on ethnicity or religion…”. Around 2 months ago the Kurd Ibra-him Naasan was arrested in the district of Afrin along with numerous other persons in the provinces of Latakia and Homs.  (Source: Press Statement of the Kurdish Democratic Party for Unity in Syria- YEKITI, 03.06.02 and reports from SHRC)

Arrest of Journalists in Syria 
Syrian security authorities arrested 2 journalists, the sisters Aziza and Shirin Sibini, at the beginning of May. By the end of the month their father still did not know the reason for his daughters’ arrests.
The Syrian human rights organisation SHRC said that the Syrian regime is not relenting in putting its people under pressure. Examples were given whereby many Syians had been arrested without any reason. Time passes and prioners can even die without their families knowing of their fate. 
The arrests of the 2 journalists is just a continuation of reprisals which began last August and Septem-ber. Furthermore, Syrian citizens, who had been allowed to return from exile, have been arrested at the border. One of these has been tortured to death. The SHRC continue to express their concern for the journalists because it is routine in Syria to subject prisoners to psychological and physical torture. The memoirs of Ms. Hiba Dabbagli have been referred to in connection with this, in which she writes on how female prisoners suffer in Syrian prisons.
According to the SHRC many political prisoners in Syria are kept in strict isolation, with no access to a defense lawyer and without being told of the rea-sons for their detention. (Source: SHRC Press Statement, 22.05.02)

One Million Illegal Refugees in Turkey 
According to the Turkish gendarmerie, there are around 1 million illegal refugees staying in Turkey. Alone last year a total of 92,000 refugees had been arrested, said gendarme commandant Aytac Yal-man. The general leutenant added that Turkey was being harshly treated in respect of the recent US governmental report on human trafficking. (Source: AFP, 13. 06. 02)

145 Illegal Immigrants Arrive in Italy 
145 illegal immigrants have arrived by boat on the Italian island of Lampedusa. The island’s authori-ties revealed that the refugees originated from sev-eral African countries as well as from Iraq. They were taken to reception centers and are thought to have later been deported from Italy. (Source: dpa, 14. 06. 02
 

 
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