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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