International
Association for Human Rights of the Kurds
IMK Weekly
Information Service
Date: 06
August – 13 August 2002
Number: 164
IHD on the
Situation in Bayrampasa Prison
Eren Keskin,
head of the IHD in Istanbul, said at a press conference that there was
a group of guards calling themselves the “A-Team” who beat the prisoners
in Bayrampasa prison. An Iranian was recently whipped with a hose and the
political pris-oner Hasan Karabas was beaten for so long on the way to
court that he became unconscious. The IHD could confirm that there was
bruising to his head and body. There are also allegations that 4 transves-tites
were recently raped during registration into prison. (Source: Yedinci Gündem
from 02.08.2002)
Judgment
in Shooting Case
A Turkish
court of appeal has upheld the judgment concerning the shootings of Murat
Bektas and Er-dinç Aslan in the city district of Akincilar in Adana on
5th October 1999. On 09.05.2002, the 1st Cham-ber of Adana’s Criminal Court
sentenced the police officers Nurettin Bülbül, Eyüp Yalçinkaya, Ali Erdurucan
and Haydar Erol to 8 years imprison-ment under § 448 and 450/2 of the Turkish
Penal Code (death by use of unreasonable force) for shooting dead Murat
Bektas. The sentences were reduced to 6 months and 20 days and then were
suspended. The police officers Fevzi Mustan and Muammer Topaç were found
not guilty of shooting dead Erdinç Aslan because under § 49 of the TPC,
they had only been carrying out orders. He had allegedly been a militant
from the DHKP/C, while Murat Bektas (from a neighboring apartment) did
not belong to the organization. (Source: Milliyet from 03.08.2002)
Campaign
for Tuition in Kurdish
On 05.08.2002
Van’s state security judged as not guilty 6 leading members of the IHD
in Van includ-ing its head Abdulvahap Ertan, on charges of sepa-ratist
propaganda. The case had begun following the start of the association’s
congress in February because a banner had been seen there claiming that
a right to a native language was a human right. The state security courts
in Istanbul ordered the release of those 6 still being held in custody.
Mehmet Salih Anly, Alican Babahan, Mehmet Orhan, Abdullah Akyncy, Ali Dinçer
and Mehmet Meriç are among the 92 people charged who had handed over a
petition to the director for national education in Istanbul. (Source: Yedinci
Gündem from 06.08.2002)
Death in
Police Custody
A suspected
thief, Ilkay Tasdemir allegedly killed himself by jumping from the fifth
floor of the po-lice headquarters in Istanbul. He had been arrested in
Kadiköy on 05.07.2002 and was apparently wearing handcuffs when he jumped
through an open window (Source: Cumhuriyet from 07.08.2002)
Hunger Striker
Pardoned
President
of state Ahmet Necdet Sezer has pardoned Ayla Özcan under Article 104 of
the constitution. She had been taking part in a hunger strike since November
2000 in protest against the F-type prisons. She was pardoned on grounds
of ill health. (Source: Cumhuriyet 08.08.2002)
President
Sezer Puts Reform Package into Force
The Turkish
president of state Ahmet Necdet Sezer
has signed
a reform package recently passed by parliament. With its official publication,
the legisla-tive changes now come into force. They include the lifting
of the death penalty in times of peace, con-sent to the restricted use
of the Kurdish language in education and the mass media, extended freedoms
of opinion, and stricter constitutional rules for po-lice operations. Following
its signing Sezer said that the European Union must now demonstrate its
sincerity concerning EU entry negotiations.
Parliament
had also passed a reform on employ-ment legislation. Random dismissals
should now be more difficult. Because of the serious economic crisis over
the past year nearly 2 million Turks have lost their jobs. (Source: Frankfurter
Rundschau, 10.08.2002)
New Chief
of General Staff Named
The Turkish
military recently named the new Chief of the General Staff. The 62 year
old General Hilmi Ozkok, till now chief of the military, is to be the successor
to General Hüseyin Kivrikoglu who is to retire on 30.08.2002. (Source:
ap)
Ecevit Considers
EU Criteria to have been Fulfilled
According
to Prime Minister Ecevit, Turkey, with its recent reform package, has fulfilled
the criteria for the commencement of entry negotiations to the EU. Ecevit
said, “From now on Turkey will be freer, more democratic and more European”.
He added that he was not concerned about legal action to be taken before
the constitutional court against the reforms which were announced by nationalists.
Ecevit said
further the reform package meant Tur-key had complied with EU requirements
on the issues of human rights and democracy. Following their passing by
parliament the reforms would then be implemented, “From now on, the wall
between us and the European Union will crumble”. (source: Reuters
4th Aug. 2002)
Turks Expect
Extradition of Islam Leader Kaplan - Ankara Hopes for Swifter Extradition
of Extremists follow-ing Lifting of Death Penalty
Turkish authorities
have been used to negative responses from Europe over the past years concerning
extradition requests for political extremists and “heavies”. Because of
the death penalty in Turkey, the message from European capitals had been
that there was no question of extradition to Ankara.
Now that parliament
have lifted the death penalty in times of peace, not only has a stumbling
block for Turkey’s entry to the EU been removed but also a significant
hurdle to extradition. Metin Kaplan, the head of the "Kalifats State" who
is imprisoned in Germany, could soon now be handed over to Tur-key.
There is no
automatic extradition even after the abolition of the death penalty. According
to Euro-pean diplomats, there could be other grounds for refusing extradition
to Turkey such as a “real risk of torture”. However, Turkey’s chances have
clearly increased. That’s why the justice ministry has had a completely
new request drawn up for Kaplan’s extradition, after all Ankara’s previous
requests failed because of the death penalty. Kaplan has been accused in
Turkey of planning an attack on the Atatürk-Mausoleum where state leaders
had assem-bled at the 75th anniversary of the Turkish Republic in 1998.
This charge carried the sentence of death by hanging. Now Kaplan has only
to fear life long imprisonment if found guilty. The German North Rhine
Westphalia interior ministry has already hinted that Kaplan, being held
in Düsseldorf, could be handed over. In March next year the sentence of
the Muslim-extremist, who wants Turkey to be-come a religious state, will
have been served.
Kaplan’s extradition
would be a political triumph for Ankara. In the past, the Turkish government
always felt humiliated by Europe’s refusal on ex-tradition. Turkish fury
on this was never greater than at the end of 1998. PKK head Abdullah Öcalan
had turned up in Italy but the government in Rome refused extradition to
Turkey.
Following
the lifting of the death penalty PKK activists detained in Germany or other
European states could more easily be deported to Ankara.
Even if there
had been no politics involved, Turkish authorities could still hope for
the extradition of a wanted person through a variety of legal and judi-cial
means. For example, a number of years ago Turkey managed to have mafia
boss Alaattin Cakici extradited from France by promising not to put him
on trial for murder. The era could now soon be over where suspected criminals
and members of anti-Turkish groupings could avoid the judiciary in Turkey
by fleeing to Europe. (Source: Stuttgarter Nachrichten, 07.08.2002)
Setback
in Ankara
The Turkish
government tightens up media laws and now wants stricter control over the
Internet.
Fikret Baskaya
knowingly took the risk. In an arti-cle from 01.06.1999 in the daily newspaper
"Özgür Bakis", the founder of the “Turkey and Middle East Forum” publicly
queried Turkish policies towards the Kurds. Unsurprisingly the outcome
was 16 months imprisonment in June 2001 for “spreading separatist propaganda”.
It was not his first prison sentence.
Restrictions
on press freedom and freedom of opin-ion on the Bosphorous are being critically
observed by the European Union. The parliament in Ankara has now tightened
up the media law. The law failed to be passed in June of last year because
of a protest by president of state Ahmet Necdet Sezer. In his opinion around
half the law’s paragraphs did not comply with democratic traditions or
constitutional principles. Furthermore, the law contradicted an agreement
the government had given Brussels when democratic reforms had been announced.
Despite Sezer’s criticism, the majority of the National As-sembly passed
the law, without amendment, on May 15th following a 10-hour contentious
and turbulent debate. Sezer could not veto it a second time. The only way
open to the president is the constitutional court. According to the president,
who was himself once a judge of Turkey’s highest court, several prohibitions
in the law are so vaguely formulated that the media would be prevented
from “accurate and objective” reporting.
This political
quarrel will then continue over the coming weeks and months. However, there
is also criticism coming from abroad – and not only from Brussels. According
to the organization "Reporter ohne Grenzen" (ROG), the law will lead to
even more repression. In particular, new penalties will put press freedom
at risk because fines of around 200,000 Euros will endanger the survival
of smaller publishers or broadcasting stations. The penalties are up to
a thousand times higher than in the old law from 1994.
Amongst other
things, articles can now be penal-ized which spread “false and offensive
content”, "incite pessimism and hopelessness", "damage Turkey’s image abroad”,
offends Turkey’s founder Atatürk or spreads "separatist propaganda". Under
the latter, articles on the Kurdish problem or texts just in the Kurdish
language could be penalized if wanted. Along with financial penalties,
censorship measures, with broadcasting bans, can also be im-posed.
Members of
the government or their representatives will in future make up the majority
of the current board of control, RTÜK, which deals with media issues. Not
only "Reporter ohne Grenzen" are there-fore concerned at increasing state
control by RTÜK. ROG general secretary Robert Ménard said that this could
not even be offset by the future inclusion in RTÜK of the 2 largest journalist
associations. He had been refused entry into Turkey on the day following
the passing of the law where he had wanted to hold a press conference.
Even without
the tightening up of the law, the situa-tion for journalists is not easy.
It is true that over the past decade a diverse media landscape has de-veloped
on the Bosphorous, where many committed and critical editors work. Corruption
and political scandals are scrupulously researched and ruthlessly uncovered.
However, Amnesty International see in particular 3 issues which remain
a problem: articles on Kurdish problems, criticism on the high security
prisons and demands for the strengthening of Islam quickly come under the
scrutiny of the authorities. In the past year charges have been brought
against 50 Turkish journalists and publishers, mostly re-garding these
taboos. At least 6 media workers are currently imprisoned according to
ROG. This figure could increase because the same benchmarks for newspapers,
magazines, radio and TV are also to soon be valid for the Internet. Control
of the Inter-net would, according to a parliamentary decision, then come
under the new media law. News sites and Kurdish sites are viewing this
development with concern. If the constitutional court does not stop the
legislation, Internet providers must then in future obtain authorization
for all their sites. They would even be made responsible for their chat
rooms. Harald Gesterkamp (Source: ai-Journal July/August 2002 Turkey)
Deutsche
Welle Include Kurdish Texts on their Turkish Pages for the First Time
Following
the authorization of Kurdish language radio in Turkey, the Deutsche Welle
now has Kurd-ish articles available on its Web site. Turkish writer Muhsin
Kizilkaya welcomed the decision by the Turkish parliament as an “historical
turning point”. On the stations internet pages, he wrote that instead of
dividing Turkey it would make it stronger. From a Kurdish point of view
there now begins “the big test”. Because they can not expect much from
the Turkish state in respect of the deficiency in num-bers of Kurdish teachers,
they must “roll up their sleeves and reconcile newcomers to their own lan-guage”.
If they do not take this chance, they risk losing their 1000 year-old language.
(Internet: Deutsche Welle: http//www.dw-world/turkish)
(Source: NewsBote
7.8.2002)
Iran Wants
to Set Up Refugee Camps in Iraq
In the event
of an American military strike against Iraq, Iran wants to set up a refugee
camps on Iraqi territory. Teheran newspapers quoted the Iranian government
spokesperson, Abdullah Ramesan-sadeh, as saying that the flight of Iraqi
civilians into Iraq should then be prevented. The camps would be established
in so-called buffer zones on the borders to the two countries. During the
US-bombing of Afghanistan, Iran already helped hundreds of thou-sands of
civilians within Afghan territory. The spokesman emphasized that Teheran
was strictly against a US attack on Iraq. He said the Iraqi people should
decide themselves about the political future of their country. (Source:
dpa 8.8.2002)
Communist
Released in Syria After Decades in prison
A Syrian,
imprisoned for political activities, has been released after nearly 30
years following pres-sure from human rights activists. Aktham Naisse from
"The Committee for the Defense of Human Rights in Syria” revealed the news
of Haitham Naal (51)’s release. Naal had been found guilty 28 years
ago, along with 2 other communists, of mem-bership to a banned Arab-Communist
organization. All 3 were sentenced to life long prison sentences by a state
security court, said Naisse. The group had been formed with the aim of
undermining US inter-ests in the Arab world. Five members were exe-cuted
in 1974. Others such as Naal, received prison sentences, with 2 still being
held in prison. Naal is suffering from cancer of the bladder and is in
poor health. Naisse welcomed his release as progress in the country’s human
rights record, but also called for an amnesty for all political prisoners
in Syria. (Source: dpa 8.8.2002)
Iran: Well
Known Lawyer Jailed
The lawyer
Nasser Zarafshan has recently been arrested in Teheran, say taz according
to informa-tion from his family. Zarafshan became well known during the
1999 “chain murders” which concerned the murders of a politician and 2
writers from the Information Ministry. Zarafshan acted for the vic-tims.
He has been jailed for 5 years for “Revealing secrets”. He is the 6th lawyer
who has acted for the opposition to have received a long prison term. (Source:
taz from 12.8.2002)
Another
Newspaper Ban in Iran
According
to reports from an official news agency, another 2 reform orientated newspapers
have been banned. “Ayineh e Jonub”, which has only recently begun publishing,
may no longer appear because its publisher, Mohammad Dadfar, is in prison.
Dadfar, a reformist member of parliament, was sentenced to 7 months imprisonment
last year for allegedly spreading lies about the Islamic Republic. The
publication of “Rus e Now” was also banned be-cause of the similarity in
names. It may not appear until the ban on the paper “Nowrus” is lifted
in 6 months. “Rus e Now” had only just received per-mission to print. (Source:
Neue Zürcher Zeitung, Ressort Ausland, 10th August 2002)
Boat Containing
Iraqi Refugees Appre-hended in the Aegean
According to
the news agency Anadolu, the Turkish coastguard have apprehended a ship
with 94 dehy-drated men, women and children on the Aegean coast near Kusadasi.
Those aboard,
the majority originating from Iraq, were on the verge of unconsciousness
because of hunger, thirst and heat. Three were taken to hospital. They
said they were aiming for Athens. According to the 94 people, with 8 woman
and 13 children amongst them, they had started out on their journey from
northern Iraq 20 days previously. They had paid smugglers between 3500
and 4000 dollars (3600 to 4125 Euro) per head. There were also 12 Afghans
and 1 Palestinian amongst the refugees. (Source dpa 8. August 2002)
Study Submitted
on Economic Sanc-tions Against Iraq
New York,
6. August 2002: On the 12th anniversary of economic sanctions being imposed
against Iraq (6th August 1990), WEED, along with NGOs from the USA, Great
Britain and France, have submitted a study which addresses the humanitarian
effects of the sanctions. Entitled "Iraq Sanctions: Humanitarian Implications
and Options for the Future", the study concluded that the current system
of economic sanctions has intensified the suffering of the Iraqi people
and has not achieved the political aim of solving the conflict with the
Iraqi regime. According to the study, child mortality has clearly increased
during the period of sanctions, with 400,000 children under 5 having died
in the last 12 years in Iraq. The study lays co-responsibility for the
catastrophic situation of the civilian population with the UN Security
Council. According to the study, the Council has not taken sufficient consideration
of the humanitarian effects of the economic sanctions.
In view of
the US war preparations, the study is also being seen as an appeal for
a peaceful resolu-tion to the Iraq conflict. The study puts forward a comprehensive
catalogue of measures to overcome the crisis. Amongst other things they
call for the lifting of economic sanctions and the use of “tar-geted sanctions”
against the Iraqi leadership.
They also
support the re-establishment of economic relations with Iraq. The catalogue
also refers to detailed requirements on the Iraqi leadership including
opening the country to UN weapons inspectors, upholding human rights and
autonomy for the Kurdish regions. The study was produced under the leadership
of the New Yorker Global Policy Forum. Co-authors were the British charity
Save the Children UK, the US Institute for Policy Studies and various religious
organizations. The study was presented to the United Nations in New York.
It is also
available from the Internet under www.weedbonn.org/unreform/index.htm
Further enquires
can be made to James A. Paul, Director of the Global Policy Forum (james.paul@globalpolicy.org),
Global Policy Fo-rum, 777 UN Plaza, suite 7G, New York, NY 10017; Tel.:
+212-557-3161; Fax: +212-557-3165; Internet: www.globalpolicy.org
(Source: weed,
6.8.2002)
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