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
|