IMK Weekly
Information Service
Date: 16
November - 22 November 2001
Number: 135-136
IHD Nine-Monthly
Report Criticises Human Rights Situation
IHD-head Hüsnü
Öndül said at a press conference in the IHD headquarters on 21.11.2001,
that in the first 9 months of this year 762 people had been subjected to
torture and ill-treatment. Öndül said that the EU-Com-mission’s assessment,
which could not report any improvements in the human rights situation in
Turkey, was to be seen as objective.
Instead of
improvements there had instead been an increase in incidents of torture
and violations of human rights.
To compare;
in the first 9 months of 1999, 472 people were subjected to torture and
ill-treatment. In the same period for 2000, this figure was 508 and for
2001, 762. (Source: Anadolu Ajansi, 21.11.01)
Law Amendment
to State Security Court’s Jurisdiction
According
to Turkish Justice Minister Hikmet Sami Türk, the Turkish State Security
Courts (DGM), which hear offences against the state, are to be aligned
with the regular courts.
Like other
democratic countries, the DGMs are to be converted to “Specialist Courts”.
The removal from the DGMs jurisdiction of Article 313 from the law on organised
crime, is to be an important aim in this respect. Law changes will enable
differentiation for organised crimes between “those who commit violent
acts and those who rob a bank”. Because such a distinction does not currently
exist the DGMs activity is being blocked. Of the 4,036 Turkish courts,
20 are state security courts.
A proposal
from the Islamic party AKP [an off-shot of the former Fazilet Party] to
remove Article 312/2 from the Turkish penal code was rejected. This Article
concerns the “incitement of hatred and hostility between groups by accentuating
differences of race, language, religion, region, class and social standing”.
(Sources: Turkish Daily News, 16.11.01; Turkish Probe, 18.11.01)
Concern
for the safety of the Human Rights Activist Saban Dayanan (33), the Head
of the Istanbul IHD Office Eren Keskin (44) and Other IHD Workers in Istanbul
On 15.11.2001
at around 14:30, Zeki Genc entered the offices of the Human Rights Association
(IHD) in Istanbul and threatened to everybody there. He was armed with
a pistol and large knife and had a package which he claimed contained a
bomb. He shot into the air and forced everybody present to lie on the floor.
“I will kill you all. I’m not alone – I have friends”, he threatened.
Some of the
IHD workers, including Eren Keskin the head of the Istanbul branch, barricaded
themselves into one of the offices. Zeki Genc than threatened to open fire
on them. Saban Dayanan and three others present managed to get him on the
ground and to disarm him, with Saban Dayanan receiving serious cut wounds
to his hand. Zeki Genc was then handed over to police and was taken with
Saban Dayanan to hospital. Genc then allegedly threatened Saban Dayanan
with the words: “The next time I’ll kill you”. Bomb disposal experts confirmed
that the package did not contain a bomb.
According
to current information, Zeki Genc had already attacked 2 HADEP offices
on 14.11.2001. He had entered the HADEP office in the Istanbul district
of Sisli at 14:15, gave his name and stated that he was acting “on behalf
of the state” and wanted to revenge the death of his brother who had been
killed by the PKK in Diyarbakir. Zeki Genc than shot the 19-year-old Ömer
Kalayci in the leg.
Around 10
minutes later he appeared in the nearby Istanbul central offices of HADEP
where he stabbed Cemal Kiliki twice in the leg and produced a package which
he claimed was a bomb. He then allegedly said to representatives of a HADEP
women’s or-ganisation who were present in the office at the time: “If you
were men, I would kill you all. You murdered my brother in Diyarbakir.
My name is Zeki Genc – I’m acting on behalf of the state and have come
to revenge my brother’s death. I have killed the 2 HADEP members from Silopi
[he was probably referring here to Serdar Tanis and Ebubekir Deniz, who
“disappeared” following their arrests by gendarmes in January 2001
(s. UA 26/01)]. I will be back to kill you all. If you touch the bomb it
will explode”. Following the attack, Zeki Genc was able to escape unhindered
from the building despite a continual police presence surrounding the HADEP
offices. (UA 272/01-1 ai-Index: EUR 44/083/2001 15th November 2001
– bs) (Further information on UA 272/01 (EUR 44/076/2001, 25th. October
2001)
Case Opened
on Torture
On 13.11.2001,
the case opened in Criminal Court No. 3 in Ankara against the police officers
Ilhan Bozkurt, Ali Hasim Erkus, M. Kemal Yildirim, Musa Aktürk, Nedim Binay,
Yusuf Büyükoglu and Serafettin Varol for torture against the brothers Metin
and Ismail Candogan in a police station in Mamak (Ankara).
The defendants
claim that they were on duty on that day, but torture was out of question.
The injured Metin Candogan stated that he and his brother had been beaten
and kicked by 8-10 police officers. After being released they had to be
written off sick for more then 2 weeks. The case was adjourned so that
statements could be heard from the defendant Yilmaz Cetin and the complainant
Ismail Candogan. (Source: Evrensel, 14.11.01)
Before Courts
for Insulting the Armed Forces
A case began
on 9.11.2001 against the head of the Istanbul IHD Eren Keskin, the chief
editor of the magazine Yeni Aydinlik and the reporter Ugur Aildirim. The
armed forces were allegedly insulted in an interview with Eren Keskin who
was therefore being tried under § 159 TSG.
A case has
also opened in Criminal Court No. 2 in Istanbul against Erol Özkoray, owner
of the publication Idea Politika. The republic and the armed forces had
allegedly been insulted in a variety of articles. (Source: Evrensel, 10.11.01)
Raid on
Solidarity Hunger Strikers in Kücükarmutlu and Alibeyköy
On the morning
of 13.11.2001 police raided a third flat housing solidarity hunger strikers
in Istanbul-Kücükarmutlu. Selma Kubat and Vedat Celik (carers) and the
hunger strikers Özkan Güzel, Ferhat Ertürk, Gamze Turan, Madimak Özen,
Halil Acar and Hüseyin Akpinar were taken to hospital. Because they would
not accept any food they were then taken to the police headquarters. Ergin
(Ersin) Karagöz remained in hospital because he required treatment for
injuries resulting from a gas grenade. Shortly after midday a flat was
then stormed in Alibeyköy where hunger strikers were also being housed.
The carers Gülten Kahraman, Beser Yildiz, Ali Gül and Fatma Hanbayat were
arrested along with the hunger strikers Hüseyin Yildiz, Tekin Yildiz, Aydin
Hanbayat, Cemal Keser, Yeter Güzel, Murat Sahin and Orhan Gül.
On 14.11.2001,
18 of those arrested during the operations were brought before the State
Security Courts in Istanbul. Gamze Turan, Selma Kubat and Vedat Celik were
held in custody under the suspicion of being members of an illegal organisation.
The 10 people from Alibeyköy were initially released but on appeal by the
state prosecutor Cemal Keser, Murat Sahin, Aydin Hanbayat, Orhan Gül and
Yeter Güzel were also then held in custody. (Sources: TIHV, 14.11.01; Cumhuriyet,
Milliyet, 15.11.01)
RTÜK Silence
the BBC
The Turkish
Board for Radio and Television (RTÜK) have silenced the Turkish language
broadcasts by the BBC World. The board ordered the Turkish station NTV,
who broadcast the BBC programmes, to discontinue BBC broadcasts within
a 30 day period.
The BBC reacted
with disbelief saying that the RTÜK order was against international agreements.
Until further authorisation of FM transmissions, BBC programmes could still
be received on short wave.
RTÜK head
Nuri Kayis had said that the prevention of renowned international broadcasters
such as the BBC or Deutschlandfunk was questionable. (Source: Hürriyet,
18.11.01)
Arrested
Because of Kurdish Music Cassettes
Because 12
cassettes by Siwan Perver and Dilges were found in his truck, Fehmi Andan
was arrested while on the way from Diyarbakir to Lice. . (Source: Evrensel,
14.11.01)
Verheugen
Criticises and Praises Turkey
According
to the EU Commission, Turkey still does not fulfil the constitutional preconditions
to enable the commencement of entry negotiations. However, despite continued
deficiencies referred to in a progress report for 2001, the commissioner
responsible for enlargement, Verheugen, warned against dismissing the reform
processes taking place in Turkey as cosmetic.
He considers
the widespread consensus within parliament on far-reaching constitutional
reforms, as a clear signal that Turkish policies towards Europe still have
the highest priority. There is evidence of initial success and activity
should be intensified concerning the scrutinizing of Turkish law and its
linking to EU norms.
Prior to the
commencement of any entry talks, the report did request more extensive
legislative and administrative efforts, beyond the already “notable” reforms,
concerning constitutional guarantees for citizen and minority rights as
well as ensuring the primacy of the political above that of the military.
(Source: NZZ, 14.11.01)
IMF Praise
Turkey’s Reform Progress and Reveal New Injection of Funds
The International
Monetary Fund (IMF)are considering a new loan for financially stricken
Turkey. IMF head Horst Köhler said that he recommended the board of directors
to quickly authorise the payment of the next tranche of over 3 billion
dollars of an already planned loan and to negotiate another emergency loan
for December. He said that Turkey “had made very good progress on reforms”.
Köhler gave no indication on the amount of the emergency loan but
IMF sources say it would be around 10 billion dollars. The organisation
have already raised Turkey’s credit limit twice this year.
Meanwhile,
the government in Ankara revealed that public spending would be reduced.
In this way the country wants to meet the conditions for further IMF loans,
said Prime Minister Bülent Ecevit. Amongst other things, health service
expenditure would be capped and agricultural subsidies would be ended.
Their own
experts allegedly recommended the IMF board of directors to authorise a
new loan in the region of 8-12 billion dollars. This was to include 5 billion
dollars which Turkey could use for IMF repayments due next year. According
to information from Ankara, the country needs around 13 billion dollars
to get through next year. The USA also supported a new IMF loan for Turkey
praising their reform efforts. The NATO member is considered to be an important
bastion in the war against the Taliban in Afghanistan. (Sources: reuters,
Frankfurter Rundschau, 17.11.01)
Iraqi Prisons:
“Sentenced to death within minutes”
Extract of
an interview with Murad Mohammad (name changed - ed), representative of
the Iraqi National Congress for human rights issues.
“Apart from
regular prisons, there are many secret detention centres. [...]. We estimate
the number of people detained in Iraq to be between 700,000 and 1 million.
These figures are for all detainees including those held pending trials,
people being held without a warrant to do so and detainees in military
prisons. The largest prison is in Baghdad, called Abu Graib, where 5,000-6,000
people are being held. Alone in Baghdad there are 5 further prison which
are all over-full. Each secret service department, military as well as
those from the ministry of the interior, also run their own prisons. Then
there the so-called “Detention Camps” where people are held without a warrant
to do so or without any specific charge. [...]. General conditions in the
prisons are terrible. Apart from the regular use of torture, people die
there daily because of malnutrition or because they are refused medical
treatment. Conditions are better only in Abu Graib, which also holds those
serving lengthy prison sentences, because family rela-tions are allowed
to provide for the prisoners there. But even in Abu Graib there are sections
where family relations are not permitted. These are also the sections which
remain closed to human rights organisations and the Red Cross. This of
course also applies to the secret pris-ons. Foreign organisations may only
speak to those prisoners selected by the security forces. They are prepared
beforehand so as to give a good impression of prison conditions. [...].
Since the
1991 uprising there have been mass detentions of people suspected of belonging
to the opposition or who have behaved in a dissident way. The regime decreed
special courts to enable the large number of those arrested, a situation
not foreseen by the constitution, to be quickly brought to trial. The largest
interior secret service, the security service of the military and interior
ministry, support such courts. One court is under Saddam Hussein personally.
The trials are secret and the accused have no legal representation. They
are usually accused of being spies, of attempting to murder the political
leadership or of planning sabotage. As a rule, they are usually found guilty
within a matter of minutes and nearly all are sentenced to death.
[...]. There
are also quasi martial law executions without any trial. The condemned
from the special courts are left waiting, mostly between 2 and 4 weeks
long. They know that they are to die because they are held in special death
rows, but they are unaware of their date of execution until the very end.
Executions regularly take place twice a week – Sundays and Wednesdays.
Each time 40-50 people are executed. Their bodies are disposed of in anonymous
graves. Representatives of the secret services and Saddam’s Guards are
usually present at the executions.
[...]. We
know that since 1994/95 around 100 people are executed weekly in Abu Graib.
We are only talking of this one prison because we have reliable numbers
and also often the names of the victims [...]. But many people are also
being killed in other prisons. We do not have any accurate information
but we do know that there are also systematic executions taking place in
Mossul, Raduaniah and Al-Makassa. Therefore, around 400-500 people are
being executed every week in Iraqi prisons. Executions in the death camps
can be added to this. Those detained there originate from various groups.
Some are Baath Party members themselves who are accused of disloyalty [...].
Others are people with a religious background who had been taken into custody
along with their families. We are sure that these have become victims of
cleansing because it has been so long since anything has been heard from
them. Then there are, for example, the around 8,000 communists who were
arrested in 1978. To date nobody knows what really happened to them. We
assume that they were killed.
[...]. What
is happening in the prisons reveals the innermost character of the regime.
It cannot be changed, only eradicated. We are trying to fight the regime
at various levels. One level is the demand to enforce UN Resolution 688
which requires the Iraqi regime to end the suppression of the population
and guarantee freedom of movement for humanitarian aid organisations. We
also support the international campaign that wants to put Saddam Hussein
and his clique before an in-ternational tribunal. Despite intensive explanatory
work by the Iraqi opposition, there are still people with illusions about
the character of the regime. In this respect, many people have recently
participated in so-called solidarity flights to Iraq because they wanted
to show their solidarity to the Iraqi people. Such people have a completely
distorted impression of Iraq and we ask them to just request the Iraqi
regime to visit the prisons and detention camps. The regime’s answer would
definitely be no.” (Source: Junge Welt, 21.11.01)
Kurdish
Agriculture Minister Appeals to Australia, Britain and USA for Support
The minister
for agriculture and irrigation in the Kurdistan regional government in
Suleymania, Dr. Jemal Fuad, revealed on his return from a 2-month trip
for talks in Australia, Britain and the USA, that a delegation of Australian
governmental representatives and members of parliament would be coming
to Kurdistan to investigate the needs of the region and to find ways of
supporting the Kurdish people.
The aim of
the trip was to obtain support from the UN, governments and NGO’s, which
are positive towards Kurdish issues, for a long-term program to revive
the region.
In New York
the delegation met the UN representative Biton Sivan who is responsible
for the “Oil for Food Programme”. They discussed the speeding up of approved
projects on health, communications and electricity.
He considered
the trip to Australia to be particularly significant and successful. The
Australian government expressed their sympa-thy towards the Kurdish people
and the democratic experiment of Kurdistan. The Kurdish delegation also
had talks there with government representatives on political, technical
and academic issues as well as on human rights and the Iraqi stance.
He urged the
Kurdish administration to open a programmes office which would enable the
participation in programmes from developed industrial countries such as
the USA, UK and Japan, which support development in countries and nations
such as Kurdistan. Such programmes include financial help as well as equipment,
advice, training, university study and many other possibilities. (Source:
KurdishMedia.com, 14.11.01 from: Anba' Kurdistan)
Syrian Vice
President Meets PUK Representatives
Syria’s vice
president, Abdul Haleem Khadam, has met the director of the PUK office
for Arab Affairs, Adil Murad. Murad informed Khadam on the current situation
in the Kurdish region and the peace process between the PUK and KDP. Other
subjects discussed were the events following September 11th as well as
the atrocities by the Al-Islam group in southern Kurdistan, especially
the Khaili Hama massacre on 23.09.2001.
Vice-president
Khadam expressed his pleasure at the positive developments bewteen the
KDP and PUK which were necessary for a stable democracy in the region.
He emphasized Syria’s belief in the territorial integrity of Iraq and expressed
his wish for continued dialogue between the Syrian and Kurdish leaderships.
(Source: Kurdistan Newsline, 12.11.01)
“Modern”
Shackling in Deportation
The so-called
Body-Cuff System was used for the first time in Germany while deporting
a Kurd back to Turkey. According to information from the regional interior
ministry in Bremen, special police bound the man’s hands and legs so that
he could no longer move. Previous attempts to deport him had failed because
of his resistance. A helmet was not used during the deportation. According
to information from the federal ministry of the interior, the use of the
newly developed helmets is not expected until the beginning of 2002. The
reason? The ministry banned the use of the helmet after a Nigerian was
strangled while wearing one during deportation. (Source: TAZ Bremen, 13.11.01).
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