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International Association for Human Rights of  the Kurds
IMK Weekly Information Service
Date: 17 February –  02 March 2003                 Number: 181-182

Children Tortured 
On February 15th in Kadiköy-Istanbul the children V.Y., C. Çelik, H.A., S.K., S.S., I.A., S.Ç., V.T. and H.K were arrested following a demonstration against war in Iraq. On February 17th they were detained in custody. One of the children’s father, Zeki Çelik, said: “We found out that our children were being tortured. My son has undergone a to-pographic examination. The children were very tired and exhausted. It was obvious that they had been tortured.” The lawyer Fatma Karakas said that the children had claimed that they had been tor-tured. There were signs that they had been hit in the face. (Source: Özgür Gündem, 19.02.2003) 

Case Suspended Against Torturer 
On 18.02.2003 Beyoglu’s 6th criminal court reached a decsiion in the case against Süleyman Ulusoy who, while serving as a police officer in Beyoglu, beat 8 transvestites with a hosepipe. A video was later broadcast on television. The court decided that the case should be suspended for 5 years under the law on “conditional release and the suspension of legal proceedings and sentences”.The inspector, known as “Hosepipe Süleyman”, had been charged under § 245 of the Turkish Penal Code (TPC). (Sour: TIHV, 19.02.2003) 

Torture Case Dismissed 
On 18.02.2003 a court case came to an end concerning the torture of Enver Gündüz, Sehabettin Alp, Hanifi Turan, Hüseyin Avcu, his wife M. Avcu and Sirin Agahatun during 1995. The case against Ramazan Sürücü (head of the anti-terror unit) and the police officers Haluk Bayram Deniz, Hasan Koçak, Nebil Alpaslan, Giyasettin Özturan, Mustafa Bölük, Cafer Ongün, Sevki Tasçi, Yusuf Ziya Evran, Ihsan Kara, Recep Kaplan, Tevfik Isik, Ömer Uslu, Ibrahim Uçar, Numan Çakir, Ekrem Korkmaz, Mahmut Yilmaz and Orhan Çerçi was dismissed because the period of limitation had been reached on 31.12.2002. The investigation had at first been unsuccessful. Only after the European Court of Human Rights had awarded compensation of 150,000 Francs had the case been opened. The lawyer Sezgin Tanrikulu said that she would be referring the decision on the period of limitation to the European Court. (Source: TIHV 21.02.03) 

Students Not Guilty 
Izmir’s state security court have found the students Hatip Aydin, Berivan Alatas and Sanem Erdil not guilty in a re-hearing of a case concerning allegations of supporting an illegal organisation. They had been sentenced to 45 months imprisonment in March 2002 for submitting a petition for tuition in Kurdish to the vice-chancellor of the Aegean University. The court of appeal had then revoked this judgement. (Source: Evrensel, 21.02.2003) 

Torture Statistics 
Justice minister Cemil Çiçek has responded to a question from Ankara’s CHP member of parliament, Yakup Kepenek. The minister revealed that between 2000 and 2002 4,600 people had been charged of torture. From the 1,633 cases from the year 2000, 490 came to court; from 1,605 cases in 2001 245 came to court and from 1,362 in 2002, 210 came before a court. There were a total of 2,471 cases under §§ 243 (torture) and 245 (ill treatment) TPC. A total of 344 complaints were made to the European Court of Human Rights. No decision has yet been made in 247 of these. A violation had been judged to have taken place in 32 cases and amicable agreements had been reached in 65. (Source: Cumhuriyet from 21.02.2003) 

Not Guilty Verdict Against IHD Diyarbakir
Diyarbakir’s 3rd criminal court has found the former executive board of the local IHD branch not guilty on allegations of breaching the law on associations. The case had been brought because the board had written the word “Newroz” with a “w” (which does not exist in the Turkish alphabet). (Source: Evrensel vom 21.02.2003) 

IHD Report on Human Rights Violations in 2002 
The ban on torture over the past 4 years:
According to IHD figures, in 1999 594 people had been tortured, in 2000 594, in 2001 862 and in 2002 876 people. This means a total of 2926 people in 4 years. According to justice minister Cemil Çiçek 4,600 people have been charged with torture in the last 3 years. However, 80% of these did not end up before a court.

Freedom of opinion over the past 4 years:
According to IHD figures, in 1999 166 people had legal action taken against them for expressing their opinion; in 2000 there were 468 people; in 2001 3473 people and in the year 2002 2498 people. Over this period there has also been a shift in the reasons for legal action. Earlier prosecutions had been made under Article 8 of the anti-terror law (separatist propaganda), then under § 312 of the TPC (incitement) and then finally under § 169 TPC (supporting an armed organisation). The head of IHD branch in Istanbul, Kiraz Biçici, received a 45 month prison sentence under this paragraph of the law because he had described police operations in the prisons as “massacres”. 
On 30th  November 2002 the last 2 states of emer-gency were lifted in the provinces. This meant an end to 24 years of special administration of the region. However, in practice nothing has changed. There is no legal jurisdiction of the coordinating governor’s department. The super governor, who had been in office in the region during the states of emergency, said that up to November 2002, 51,000 people had returned to their homes. In the context of the 500,000 displaced people, the governor’s figure represents just 10% of these. Officially, 3428 villages and settlements have been depopulated. The IHD has determined this figure to be 3688 and estimate that 3 million people have been displaced. 60,000 village guards still exist. This fact, along with the existence of minefields, is preventing peo-ple from returning to their homes. 

Further figures
The right to life
Deaths through:
Unsolved political killings           75
Random use of firearms           40
Mines and bomb explosions          35
Armed confrontations           30
Other acts of violence             7
“Disappearances”“             2

Torture
Number of torture victims         876
Deaths in police custody             2
Deaths in prisons            29 
-  number of these as a result of 
 death fasts            20

Freedom of opinion 
Ban on associations             7
Confiscated publications         169
Legal action against expression of opinion     2498
Sentences called for(in total)
 6155 years and 8 months
Sentences passed          362 years, 7 months
Against            228 people
Legal action taken for requesting Kurdish tuition 
       448 people
Sentences called for           2747 years
Sentences passed             26 years 3 months
Against                7 people
 

Turkish National Security Council Against Film “Ararat”
In a report from the Turkish national security coun-cil (NSC), serious concerns have been expressed about the showing of a film called “Ararat”. In the NSC’s opinion the film would have a greater effect on the public than the 1970s film “Midnight Express” which had prejudiced Turks. According to the NSC the film is hostile to Turks and “propa-gates a genocide against the Armenians”. The film portrays the Turkish military as torturers, rapists and destroyers and as being corrupt. A decision has not yet been reached on whether or not the film is to be shown. (Source: Milliyet, 20.02.03)

Calls for New States of Emergency in 6 Kurdish Provinces 
In a letter to the Turkish prime minister the general staff of the Turkish armed forces has called for states of emergency in 6 provinces.
Deputy head of the general staff, Yasar Büyükanit, justified the request because of an expected 100,000 refugees in Turkey at the outbreak of a US war in northern Iraq. In order to prevent refugees from flooding over the border, 12 refugee camps are to be built in northern Iraq (South Kurdistan: editor’s note). If these camps are not sufficient then a fur-ther 6 will be set up near to the Iraqi border.

In the same letter to the prime minister it was said that, based on intelligence information, a resump-tion of the armed struggle by the PKK/KADEK terrorist organisation  was anticipated.
The general staff therefore called for the reinstatement of states of emergency in the provinces of Diyarbakir, Batman, Mardin, Siirt, Sirnak and Hakkari. (Source: Hürriyet, 21.02.03) 
 

Legal Action Opened to Ban the Pro-Kurdish HADEP Party  
Ankara (dpa) – A case recently opened in the Turk-ish constitutional court to ban the pro-Kurdish party HADEP. The Turkish chief public prosecutor had applied for the ban 4 years ago. He accuses HADEP of being a “centre of activity”, against the unity of the state. In the November 2002  parliamentary elections HADEP received the majority vote in the 13 mainly Kurdish populated provinces in the south east of Turkey. With a national average of just 6.2% the party failed to achieve the 10% hurdle. Many of HADEP’s predecessor parties have been banned over the past 20 years. (Source: dpa, 26.02.03)

Alevite Association 
Ankara’s 2nd judicial court has rejected an applica-tion from the interior ministry to have the Union of Alevite-Bektashi Institutions banned. A landmark decision was then reached by the court of appeal. (Source: Evrensel, 27.02.2003) 

Onat Kutlar Murder
A case has come to an end at Istanbul’s state security courts against 20 PKK members who are alleged to have caused the deaths of the writer Onat Kutlar and sociologist Yasemin Cebenoyan through a bomb explosion at the Café Opera in Istanbul (Taksim) on 30.12.94. Deniz Demir, Hicran Kaçmaz and Abdülcelil Kaçmaz received life sen-tences under § 125 TPC (violent attempt to partition a section of the state). For Deniz Demir § 59 (good conduct) was not accepted and he must therefore now remain in prison until he dies. Hicran Kaçmaz and Abdülcelil Kaçmaz may be released in 36 years time because the court did accept § 59 in their cases. Hasan Kizilkaya was also found guilty under § 125. Because he was under 18 years old at the time of the offence he was sentenced to just 16 years and 8 months imprisonment. Hasan Ergün and Kemal Aydin were sentenced to 12 years and 6 months for membership of the organisation. Meh-met Sah Altan, Abdülhalik Yunus and Mehmet Ugurlu were found not guilty. The cases against Abdullah Yunus, Zeydin Güleç, Abdullah Çolak, Ömer Filizer, Hamit Sen, Nimet Kaçmaz, Sait Aytemiz, Abdulkadir Er, Abdülrezzak Aydin, Ramazan Gülle and Mehmet Ali Günesli were suspended. Hamit Sen was found not guilty on allegations of manufacturing explosives. During the proceedings, Hasan Kizilkaya claimed he had been tortured and raped at Batman’s police headquarters following his arrest on 30.06.1995. His case, and the cases of Hasan Ergün and Kemal Aydin were included in the main trial. The islamic organisation IBDA/C had initially taken responsibility for the explosion. (Source: TIHV, 27.02.2003) 

Radio Station Not Guilty 
Seyfullah Karakurt, chief  editor for the radio sta-tion “Anadolu’nun Sesi” and newsreader Selda Demir have been found not guilty of supporting an armed organisation. The case before Istanbul’s state security courts followed the broadcasting of a pro-gramme on F-type prisons. (Source: TIHV, 26.02.20003)

Amnesty Condemn Sexual Abuse in Turkish Prisons 
Bern – Sexual abuse and the rape of women in Turkish prisons are a daily occurrence. Amnesty International (ai) claim that women of opposing political opinions and Kurdish women are espe-cially at risk.
In a press statement, the human rights organisation referred to a new report from last year of interviews with 100 female prisoners over an area stretching from Diyarbakir through Mardin and up to Midyat. Because the women had been abused by officers of the state they had not been able to go public. Ac-cording to ai, they would then have been at risk of legal action, threats and renewed imprisonment. Even lawyers defending such women would frequently become victims of official, media and personal persecution.
As ai went on to say, since publication of the report, Turkey has elected a new government. The organi-sation is calling on the new government to make comprehensive reforms to put a stop to sexual abuse against women. Above all there must be a ban on the blindfolding or stripping naked of de-tained women during questioning. (Source: News.ch, 26. February 2003 Bert sda)

Beatings in Prison
The lawyer Gülizar Tuncer has made a complaint concerning the alleged beating of her client, Bülent Barmaksiz, in the E-type prison in Bolu. He has regularly required hospital treatment for various illnesses such as tuberculosis. On 20.12.2002 he was searched prior to being taken to hospital. He was thoroughly searched twice before reaching the x-ray scanner at the prison gates. He then had to pass several times through the scanning machine because his belt and other objects kept triggering the alarm. The same happened on his return and he was then placed in a single cell. He was later forced by prison guards to strip naked. He refused and pointed out that he had already been repeatedly searched. A guard then struck him in the face. The others then also began hitting him and ripped off his clothes. He was then searched and checked with a detector. After the events he requested an exami-nation but had to wait 1 week before seeing a doc-tor. The doctor did not examine him but wrote a report saying that he could find no evidence of abuse. Barmaksiz was arrested in 1994 and later sentenced to 18 years and 6 months imprisonment. Following the prison operations he was transferred from Gebze to Bolu. (Source: Özgür Gündem, 27.02.2003) 

Badr-Batallion Transferred to Iraq 
According to the Financial Times, a 5,000 strong armed force of opposition Shiites in Iraq, who have been militarily trained in Iran, have been stationed in northern Iraq. The Pentagon has confirmed the report. 
The armed force belongs to the “Supreme Council of Islamic Resistance in Iraq – SCIRI”. Official reports from Iran states that this Badr-Batallion would be stationed in the regions controlled by the Patriotic Union of Kurdistan (PUK). (Source: Milliyet, 20.02.03)

Barzani Warning to Turkey:
Turkish Incursion Into Iraq Will Cause Problems 
The president of the Democratic Party of Kurdistan-Iraq (KDP-Iraq), Masud Barzani, in an interview with the British broadcaster BBC, warned Turkey against entering northern Iraq. He said that the population there would not accept it and would defend themselves against it. Barzani said he had informed Turkish officials of this at a meeting in Silopi. (Source: Milliyet, 20.02.03)

German Intelligence Service (BND) Aware of Mobile Poison Labs 
Even before the beginning of the current crisis the German intelligence service (BND) had knowledge of the existence in Iraq of mobile labs for the pro-duction of biological weapons. Information, classified as being accurate indicate that Saddam Hussein had begun, at the latest, in 2000 to have such mobile labs built. 
(Source: SPIEGEL 9/2003 , 24. 02.03)

Secret EU Plan for Aid in Iraq War 
Secret document submitted one day prior to EU Special Summit: 
Despite deep splits between member states on a military strike, plans have already been made for any emergency 
A mother and child are waiting at a hospital in Baghdad. The UN are anticipating hundreds of thousands of emergency cases in an Iraqi war. While the German government remain steadfast to their “No” to an Iraqi war, the EU commission for humanitarian aid (ECHO) have long since made preparations for humanitarian aid. Under top se-crecy and in cooperation with international aid organisations, they have been planning emergency measures for any military conflict. The outcome has been a secret document obtained by the German newspaper, WELT am SONNTAG. 
The paper, entitled "Information Note on ECHO's Contingency Plan for an Iraqi crisis" from 31st January 2003, sees the International Red Cross  (ICRC) as the coordinator for aid action in the Iraqi war zones. The aid organisation confirmed that it had made comprehensive provisions for the event of a war: "We hope that there isn’t a war but it would be irresponsible not to be prepared for such an event ", Red Cross spokesperson Donatella No-tari told the WELT am SONNTAG. 
The Red Cross are planning for 2 possible war scenarios. In Phase A (a 1 month war) 150,000 refugees and 7,000 injured would be immediately cared for; in Phase B (a 3 month war) an expansion to 500,000 refugees would be possible. 
Stores are fully equipped in Iran, Kuwait and Jor-dan, said Notari. The Red Cross has also acquired additional vehicles and employed foreign drivers. Their budget for Iraq has been increased, from 15 million Euros, by 11 million Euros. 
The EU expect the Red Cross partner organisation, the Red Crescent, to take control in the regions around Iraq. Concerning the Red Crescent’s prepar-edness, the secret ECHO document says that "Emergency aid for over 100,000 people is already ready ". Its major supplies of workers and materials are already located in Iran, Turkey, Syria and Jor-dan. In Iraq itself the Red Crescent could only pro-vide aid to 1,000 people.
According to the EU authorities UNICEF have already budgeted 9.1 million dollars with 40% of this going to Iraq and the rest to Iran and Jordan. The care of 600,000 refugees over a 6 month period could cost the UNHCR 150 million dollars. 
The document named the Jordanian capital Amman as the aid organisations’ regional headquarters. An ECHO office would be opened in Baghdad, "as soon as the conditions on the ground would allow". In the event that this is not possible, the EU have alternative plans: "If a departure from Amman is necessary on security grounds, then an alternative office could be set up on Cyprus (a UN base) or any other location agreed on by those concerned.". 
Along side the measures already being taken, ECHO have also thought of other possible require-ments: "Within a few hours of an outbreak of war, decisions will be made on further urgent aid for the Iraqi interior". Three million Euros would be required for this, and the Red Crescent would undertake the task. 
Concerning the progress of any war, the EU have planned the following: "If the conflict does not remain within the region then a second plan for urgent aid is envisaged. This will cater for the ini-tial costs of caring for refugees in neighbouring countries, with the possibility of redirecting finance from other ongoing programmes".
The German development minister Heidemarie Wieczorek-Zeul said, regarding the ongoing prepa-rations, "UN General Secretary Kofi Annan has emphasised that UN aid organisations are having to play out crisis scenarios but are continuing to work for a peaceful solution to the Iraq conflict through diplomatic means”. She also said that, “German aid work had proven often enough that they can work fast and professionally with international organisa-tions”. (Source: Welt am Sonntag)

Iraq’s Neighbours Warn of “Humanitarian Nightmare” 
New York (dpa) – In a debate on Iraq at the UN security council, Iraq’s neighbours have warned of a “humanitarian nightmare” in the event of a war. At the 2-day debate each 191 member state was allowed to present its position on the Iraq conflict. A large majority of the speakers argued for a peace-ful solution. by way of weapons inspections. Only Australia and Japan stood on the side of Washing-ton and supported a second Iraqi resolution.
Iraq’s immediate neighbours, as well as Turkey, Algeria, Morocco and Iran spoke of  the  “humanitarian nightmare” a war would mean for a population which has already been suffering for years.
Jordan made an impassioned appeal to the Iraqi leadership in Baghdad to spare its people further suffering by giving immediate support to the UN’s efforts at disarming.
The Iranian UN ambassador Javad Zarif made it clear that  his country had an “incomparable inter-est” in Baghdad’s disarming. Many Iranians were still suffering today from the effects of Baghdad’s use of chemical weapons in the 1980s war, said Teheran’s UN representative in New York. How-ever, he saw “no reason for an immediate attack”. Kuwait accused its neighbour Iraq of still not hav-ing fulfilled all the requirements of UN resolutions following the 1990 invasion.
The Iraqi UN ambassador, Mohammed Aldouri, said that any military attack would mean the failure of the international community in respect of the UN Charta. He called of the UN security council to listen to calls for peace from millions of people from around the world and to prevent a military conflict. Aldouri said that his country would fully support the weapons inspectors. If the USA were to attack Iraq, Iraq would not hesitate in defending its sovereignty.
South Africa opened the debate by appealing for a peaceful disarming of Iraq without any time restric-tions. (Source: dpa, 19.02.03)

First Refugees from Northern Iraq  Arrive in Turkey 
Out of fear of a US attack against Iraq, hundreds of people have fled from their villages in northern Iraq. According to recent Turkish media reports from the border regions, around 500 Iraqi refugees were queuing at the border for entry into Turkey. There were whole families afraid of being caught between 2 fronts if US troops invaded. They were camping in the eastern border regions near the Turkish province of Hakkari and apparently were still able to care for themselves. (Source: AFP, 24.02.03)

Kurdish Parliament in Northern Iraq Warn Against Turkish Incursion 
The parliament in Kurdish controlled northern Iraq has warned against any Turkish incursions into the region in the event of an Iraqi war. In a unanimous vote at a recent special sitting, the Kurdish parlia-ment rejected “any military intervention by Turkey or any other country ". The member of parliament Saadi Pira from the Patriotic Union of Kurdistan, said that a Turkish incursion might encourage other nations to do the same. His colleague Ahmad Salar from the Democratic Party of Kurdistan said that the Kurdish people had not forgotten the help they received from Turkey and other states following the 1991 Gulf War. Turkey were, however, using erro-neous arguments now to justify an incursion. (Source: AFP, 25.02.03)

Turcoman Minority Reject Turkish
 Interference in Iraq 
The Turcoman minority in Iraq do not see the need for Turkish military action to protect them. This was recently said by the head of the Turcoman People’s Party, Irfan Kirkukli, in the northeastern capital city of Sulaimanija. Turkish interference would only make the geopolitical situation in the region even more complicated. Kirkukli was re-sponding to Turkish plans to station its own troops in northern Iraq, in the event of a war, to protect the Turcoman minority there and to prevent the establishment of an independent Kurdish state. The Turcoman representative considers relations to be stable between his ethnic group and the Kurds and rejects Turkish allegations that the rights of Tur-comen are being violated in northern Iraq. After a long period of repression by Saddam Hussein’s regime, the situation for Turcomen had improved following the Gulf War and the establishment of an autonomous Kurdish region. Amongst other things, the Turcomen can now set up their own political parties. Iraq has a population of around 24 million of which 5% belong to ethnic minorities. (Source, dpa, 25.02.03)

Offenbach Union Against Right Wing Violence and Racism 
Appeal
Dear Ladies and Gentlemen, Dear Friends,
We ask for your help and support for a young man who has been sentenced to death. His name is Sas-san Alkanaan and he is 34 years old. He has been imprisoned for the past 4 months in the town of Sanandaj in the Kurdish part of Iran. 
We have become aware of his fate because he has family in Offenbach/ Frankfurt.
Like many others in Iran, he risked his life for freedom and democracy. In January 2003 he was sentenced to death for supporting a left-wing organisation. The judgement, which was also passed on 2 other co-prisoners, stated: “This hearing concerns the offence of high treason under. § 186, page 190  of the Islamic Penal Code and you have therefore rescinded your right to life on earth”. His lawyer has submitted an appeal to a court in Teheran to save his client’s life ….
The complete appeal can be read at our web site www.kurden.de.
 
 

The following press statements and appeals on a possible Iraq war can be read at our web site www.kurden.de:

“Iraq: a danger now of a “war within a war” 
Press statement from deputy head of the SPD parliamentary party Gernot Erler 

“Concern for Turkish Intentions in Iraqi Kurdistan” 
Appeal from Dilshad Barzani, representative in Germany for the regional government in Kurdistan-Iraq 

“No to the occupation in South Kurdistan (Northern Iraq) of Turkish military forces” 
IMK e.V. Bonn press statement

As before, please let us know your e-mail address. E-mail is faster and cost effective.
We would also like to refer you to our web site where the following interesting articles are available:

· IMK e.V press statement from 07.01.2002 (German and English)
· Comments of German Foreign Office’s State of Affairs Reports (German)
· Open Letter to German Government on possible Turkish EU entry (German)
· Thoughts on the subject of Iraq I and II, by Alexander Kauz (German)
· Campaign against impunity - “Justice Heals” (German)
· “Squaring the Circle”, by Ofra Bengio (German and English)
· IMK e.V press statement on the 40th anniversary of Syria’s racist census (German)
· An analysis of the behavior of the Turkish media during the German general elections (German) 
· Press statement from deputy head of the SPD German parliamentary party, Gernot Erler “Iraq: a danger now of “a war within a war” 
· Appeal from Dilshad Barzani, representative in Germany of the regional government in Kurdistan-Iraq, “Concern for Turkish Intentions in Iraqi Kurdistan” 
· IMK e.V.press statement “No to Occupation of South Kurdistan (Northern Iraq) by Turkish Military Forces” 
· Offenbach Union Against Right Wing Violence and Racism: Appeal for help and support for Sassan Alkanaan (34), sentenced to death in Iran

These articles do not necessarily reflect our opinions but do concern the current debates on the issues we deal with. Visit us at www.kurden.de
Best regards,

The Editorial Team
 
 
 
 

 
   ISSN 1438-2016   Publisher: IMK e.V.,  Postfach 20 07 38,  53137 Bonn,  Germany   Telephone: + 49 – 228 – 36 28 02, Fax: + 49 – 228 – 36 32 97   e-mail: IMK-Bonn@t-online.de  and   imkkurds@aol.com   Visit our website at: http://www.kurden.de   Director: Abubekir Saydam   Subscriptions (annualy): Institutions, foundations, political parties, governments,   and international organizations: Eu 92,00   Courts, lawyers, human-rights organizations, refugee counseling centers: Euro 48,00   Solidarity subscriber:  Euro 31,00   Bank account: Volksbank Bonn (Bank code number: 380 60 186),  Account number: 201 246 9023
 
 

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»Last update
17/03-2003
» actual news and article
»Kurdish Parliament in Northern Iraq Warn Against Turkish Incursion
»Barzani Warning to Turkey:
»Torture Statistics 
»IHD Report on Human Rights Violations in 2002 
»urkish National Security Council Against Film “Ararat”
»Legal Action Opened to Ban the Pro-Kurdish HADEP Party 
»The following press statements and appeals on a possible Iraq war can be read at our web site www.kurden.de:
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