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International Association for Human Rights of the Kurds
IMK Weekly Information Service
Date: 01 December - 20 December 2001         Number: 139-140

Torture as "Culture of Violence"
"Even if Turkey fulfilled all the EU-criteria, we would still carry on torturing", said the deputy head of the right wing Turkish governing party MHP, Sevket Bülent Yahnici. "Torture has become a part of our nature". Human rights activists agree entirely with the Europe-critical MHP politician: there is a culture of violence in Turkey which is down played and defended by the government. Yahnici, like other party colleagues, reacted angrily to a law proposal from justice minister Türk extending rights to freedom of opinion as part of a programme towards EU conformity. 
At a press conference Yahnici gave a typical example of the manner in which the authorities deal with torture. He recalled that the government had strengthened the ban on torture in paragraph § 243 of the Turkish penal code but "then the chief of police came to the judicial committee and said, 'give amnesty to all my people who were convicted under § 243'". In other words, torturers are not punished but rather protected by their superiors. 
Yahnici's frank outburst on torture practice goes no way to making him a friend of Europe nor an advocate for any major reforms. On the contrary, the nationalist politician accuses the EU of requesting the impossible from Turkey and for making similar demands as the Kurdish rebels of the PKK. Yahnici's bluntness does however bring a rare atmosphere of openness to a sensitive issue which is usually hushed up by others in Ankara. Turks are used to their representatives in government stating that there is no systematic torture. (Sources: Bremer Nachrichten, Cumhuriyet, 14.12.01)
 

Gendarme Secret Service JITEM Incite Fear and Horror
Police Custodial Periods in State of Emergency Regions are Unconstitutional
Lawyers in Diyarbakir have revealed that Decree 430, which was enacted in 1990 to allow longer custodial periods in state of emergency regions (OHAL), is again being used despite such periods having been restricted to a maxi-mum of 4 days by constitutional reforms. In Diyarbakir there are people who have been held by the gendarme secret service JITEM for more than 1 month. It has been revealed that there have also been forced statements against HADEP, IHD and prisoners family associations. 
Such measures, against which the regional lawyer's associations have severely protested, have been persistently pursued for the past 34 days. Emrullah Karagöz, Mustafa Yasar (34 days), Fehmi Ak, Veysi Gümüs and Remziye Dag (24 days) sowie Hatip Alay (14 days) have all been taken from prison by the JITEM for questioning. 
The lawyer Tahir Elci has taken on the cases of the imprisoned students Emrullah Karagöz and Mustafa Yasar. Both men were arrested on 28.10.2001. On 1.11.2001 Diyarbakir's SSG ordered a 10-day extension to their detention. Following a further 10-day extension the students were then detained on remand on 21.11.2001. A request from the governor for a further 10-day extension to allow the students to be questioned was initially turned down by the courts but then accepted following an appeal by the state prosecutor. 
The lawyer Irfan Eser said, on the state of health of his client, Mustafa Yasar, "My client is unable to stand. His whole body shivers and has problems speaking. He is extremely tense. Even breathing is difficult for him. His clothes were ripped and he has lost a lot of weight. They have got him to sign statements against HADEP, IHD and THAYDER while he was blindfolded."
The length of detention in police custody for Emrullah Karagöz and Mustafa Yasar has now exceed a total 44 days. An application for a fifth 10-day extension for police custody was rejected by the SSG in Diyarbakir.
"Do something so that they don't take me there again". These words were spoken by the 60-year-old Remiziye Dag who had been held by JITEM for 24 days. She was also taken on 26.11.2001 to Diyarbakir's prison to obtain authorisation for an extension for her detention for questioning. Her lawyer Ayla Akat was then able to speak with her there. According to Akat her client was suffering from high blood pressure and heart problems. Because of her illness her client had been subjected to less violence. Remziye Dag told her, "Don't ask me anything else. In the first 10 days with JITEM they asked me 2 questions. These questions included the names of people. I said that I did not know them. We sat blindfolded with 6 other people in a cell. Do something so that they don't take me there again". Her lawyer also said that traces of blood could be seen on her shawl.
The lawyer Cihan Aydin let it be known that he would be calling on the European Court for Human Rights to deal immediately with the cases of Mustafa Yasar and Remziye Dag.
Fehim Ak, who had been held for a further 10 days in custody after having been arrested, had his detention again extended by 10 days following an application by the DGM state prosecutor. (Sources: Yedinci Gündem, 01.-07.12.01, Evrensel, 25.11.01; Radikal, 18.12.01)

Length of Police Custody Exceeded Outside of State of Emergency Area in Van 
In Van, where there is no state of emergency and therefore is not under the jurisdiction of Decree 430 which allows the prolonging of the period people can be detained by the police, Fehime Ete's detention has been exceeded. She had been arrested for aiding an illegal organisation and has been held for 20 days in police custody. During her detention Ete's lawyer was not informed of her whereabouts.
According to prison authorities, after her conviction on 25.10.2001 she was taken for questioning on 25.11.2001 by gendarmes from Diyarbakir on orders from the state security courts. The complaint from Ete's lawyer that this was illegal was rejected. After the third application had been rejected to extend the period of questioning, Fehime Ete was then taken back to prison. (Source: Radikal, 18.12.01)
 

AI-Urgent Action: Concern for Yücel Filizler, Reporter for the Magazine "Alinteri" 
Hakan Kemaloglu, Administrator at the Newspaper "Yedinci Gündem"
Hasan Kaya, Head of the "Kurdish Institute" and 19 Other People
Filizler, Kemaloglu and Kaya along with 19 other people were all arrested on 29.11.2001 during police raids on offices of around 20 legitimate pro-Kurdish and left wing publishers and associations in Istanbul. Apart from Yücel Filizler, who was arrested in the offices of the magazine "Alinteri", all those arrested were detained in the Anti-Terror Unit of Istanbul's central police station and are at risk of being ill treated and tortured. Amnesty International are concerned for the safety of Yücel Filizler because his whereabouts are unknown.
The state security court in Istanbul had ordered the raids on the grounds of a suspected "campaign of civil disobedience" by the banned armed opposition group, the PKK. Targets of the raids were the newspapers "Yedinci Gündem" and "Azadiya Welat"; the publishers "Mem Basin" and "Zend"; the publications "Özgür Halk", "Özgür Kadinin Sesi" and "Jiyana Rewsen"; the "Kurdisch Institute"; the "Mesapotamian Cultural Centre (MKM)"; the "Women's Cultural Centre Dicle"; the "Youth Cultural Centre" and the "Anatolian Youth Centre". 
The offices of the cultural centres "Tohum" "Yüz Cicek Acsin" and the publications "Isci Köylü", "Devrimci Demokrasi", Atilim", "Alinteri" and "Kizil Bayrak" were also targeted. They have been accused of being left wing and of aiding the hunger strikes by prisoners and their families. These are protests against the new F-type prisons because they fear that prisoners will be isolated there in single cells.
Files, books, documents and computers were confiscated during the raids. Police accused workers at the "Women's Cultural Centre Dicle" of the, receiving "....instructions from Imrali [the island where PKK leader Öcalan is being held]. You are being controlled from there": (Sources: UA 308/01, ai-Index: EUR 44/087/2001, 30th November 2001 - bs. The complete text is available at our web site: www.kurden.de)
 

Controversy Over Make-Up of Prison Monitoring Commission
The problem is clearly apparent in the make-up of the commission in Izmir: a retired state prosecutor who was Izmir's state prosecutor during the prison conflict in Buca on 21.09.1995 in which 3 prisoners were killed, and the state prosecutor Melih Dari who was also then in office. Noyan Özkan, head of the lawyers association in Izmir, made it clear that these people should not have been selected for a commission which was supposed to prevent human rights abuses. 
The commission, established following a change to the anti-terror law, has excluded representatives of legal and medical associations. This is contrary to the new regulations. Izmir's lawyers association has therefore set up its own prisons monitoring commission. 
Ismail Hanoglu, the head of this commission, said that degrading treatment and torture were still being practiced in prisons. "The changes to the anti-terror law have regrettably had no effect. Music is being played continuously. Prisoners are unable to turn it off or turn it down. During the transfers to the F-type prisons, prisoners were beaten and had their hair cut off. The changes to the anti-terror law has abolished isolation in as much that prisoners can now see each other. But according to prisoners, they are still not allowed to talk to each other. When we receive such information we inform Izmir's state prosecutor."
Hanoglu and Özkan complained that the city judicial commission, responsible for the make-up of the commission, rejected all those recommended by the lawyers association. This was the same for the head of Izmir's medical association, Fatih Sürenkök. The judicial commission had requested names from him for the prison monitoring commission but then rejected all his proposals. This contravenes the law which expects the participation of professional associations in the commission. (Source: TDN, 06.12.01)
 

Tension Caused by Campaign for Education and Lessons in Kurdish
A campaign for education and lessons in Kurdish being carried out by students at several universities, demands that Kurdish be made a subject of choice at universities. The campaign points to the fact that there is no article within the constitution which prohibits the Kurdish language and that the Copenhagen Criteria does not allow the banning of Kurdish. They call for a democratic and multi-cultural society. 
Two hundred students from the University of Istanbul began the campaign by submitting applications. Nationwide 7,000 applications have now been submitted.
The state news agency Anadolu reported that "Sympathisers of the terrorist organisation PKK" intended to create tension within universities through such action. The Turkish universities council YÖK also responded by saying, "Throw out those who demand education in Kurdish!". Through a poster campaign, it has demanded that the students withdraw their applications Two hundred students have responded to the demand.
At a demonstration in Diyarbakir-Carikli 6 primary school teachers were arrested under the accusation of carrying out a demonstration for education in native languages. They were released after having been questioned. An inquiry has begun against 900 students in Izmir who had submitted applications. Thirteen students were taken into police custody. Three students from the Dicle University in Diyarbakir were also taken into police custody after they had handed over 1,500 signatures to the university's administration. 
Twenty nine students were expelled from Istanbul University's Faculty of Arts because they had participated in the Newroz celebrations on 21.03.2001. 
Six students were suspended for 1 year from the University in Malatya because they had spoken out for education in Kurdish. Four other students were suspended for 6 months because they had participated in a protest against YÖK. 
Three grammar school teachers were arrested in Bismil because slogans had apparently been written on the walls demanding education in Kurdish. (Sources: Cumhuriyet, Yedinci Gündem, 04.12.01; Milliyet, 13.12.01; Radikal, 15.12.01)
 

Interior Minister Yücelen Admits Torture and Explains Emotional State of Security Forces
In connection with a complaint from the AK-Party member of parliament Faruk Celik on accusations of torture within police stations, the interior minister Rüstü Kazim Yücelen has admitted that torture continues to take place despite measures having been taken against it.
Yücelen explained why there was still an inappropriate use of violence involving "civil incidents" despite there having been constitutional changes. He said it concerned single acts which were not premeditated but resulted from an inability to suppress agitation within crowd psychology. 
Asked about the violent methods used against the protesters of the universities council, the interior minister said that there was no systematic policy of torture, it was a purely specific problem. The police could warrant the use of violence through existing laws. To overcome the specific problem of violence a training programme has been initiated which was to be continued.
Yücelen justified police methods used against illegal demonstrations. Even police in the EU states used warnings, water cannons, tear gas and batons. Such methods corresponded to EU norms. (Sources: Milliyet, 12.12.01; Yeni Safak, 13.12.01)
 

Shameful State of Human Rights Situation
Fifty-three years ago Turkey became a signatory of the International Declaration on Human Rights, but the state of the human rights situation in Turkey is shocking.
According to the governors of the state of emergency regions, in the past 14 years 23,500 terrorists and over 5,000 members of the security forces have been killed. Together with civilians, the total number of dead exceeds 33,000. According to official sources a total of 3,092 settlements and villages have been cleared in the regions because of terrorism. According to trade unions there have been a total of 500 bans since 1991 with 275 of these being imposed in Diyarbakir alone.
The most painful experience for the inhabitants of the state of emergency regions arise from the so-called murders by unknown persons. From 1989 to 1991 there were 62 murders of this type in the regions, 119 in 1992, 193 in 1993, 214 in 1994, 104 in 1995, 219 in 1996 107 in 1997, 78 in 1998 und 209 in 1999. A total of 1,305 people have lost their lives in murders by unknown persons. 
Connected to murder by unknown persons are disappearances while in custody. The most recent "disappearance" are of the HADEP activists Serdar Tanis und Ebubekir Deniz, who have been missing for the past 11 months.
There is no end to the accusations of torture and rape. (Source: Cumhuriyet, 11.12.01)
 

Scandal: The film "Big Man, Little Love" Apparent Metaphor for Kurdish Resistance
A film is again causing a commotion in Turkey. This time it concerns the film "Big Man, Little Love" about the love of a retired judge for a Kurdish girl. 
Scandal No. 1: two college teachers who were the authors of an English text of a brochure for a film festival in Antalya referred to "a five year old girl from Kurdistan", and lost their jobs as a result. "Kurdistan" is a taboo word in Turkey! The festival committee, who traced the oversight back to pressure of time, immediately stopped the distribution of the brochures. The film won the "Golden Orange" in 5 categories at the 38th Film Festival in Antalya. 
Scandal No. 2: the Culture Ministry had granted the film a subsidy of 45 billion Lira. The film has already been successful at the cinema. The Turkish media had promoted the film.
Sandal No.3: the film only superficially deals with the love of the retired judge Rifat Beny for the 5-year-old Kurdish girl Hejar. The film, its characters and their treatment is a metaphor for the situation of the Kurdish people, symbolised by Hejar, and their resistance to the Turkish state, symbolised by Rifat Bey. The film's message is: acknowledge the reality of the Kurds! 
Following this somewhat late appreciation of the film, the newspaper "Star" has called on culture minister Istemihan Talay to make a statement on the scandals. (sources: Cumhuriyet, 05.12.01; NRZ, 06.12.01; Star, 11.12.01)
 

Death Sentence in Dev-Sol Trial
A retrial of 21 people came to a close on 27.11.2001 before the state security courts in Izmir. The 21 had been charged with membership and activity for DHKP/C connected with an armed skirmish on 30.11.1998 in the village of Balkica in the district of Tavlas (Denizli). Three DHKP/C militants were killed along with the soldier Cumali Kaya.
The initial judgements, which included 5 death sentences, were repealed by the Court of Appeal on 5.02.2001. This time 3 of the defendants were sentenced to death. Death sentences for the other 2 were converted to life-term prison sentences. Two other defendants were sentenced to 15 years imprisonment with 1 other receiving 15 years. (Source: TIHV, 30.11.01)
 

Ankara Sweetened Up in Cooperation with "Anti-Terror Alliance" Powell in Ankara: No Decision Yet on Attack Against Iraq
The US government have reassured its NATO partner Turkey, for the time being, on the issue of a possible strike against Iraq as part of its anti-terror campaign. US president George W. Bush has not yet reached any decision on the next phase of the war, said the US foreign secretary Colin Powell during a visit to Ankara. At the same time the US would do everything to prevent Iraq from acquiring weapons of mass destruction. Washington was still concerned that Baghdad has been supporting terrorists for years.
The possibility of a strike against its neighbour Iraq has led to concern in Turkey. Over the past weeks. Ankara had given its full support to the US in its offensive against Afghanistan but had rejected any extension of the attacks to Iraq. (Source: afp, 5.12.01)
 

"Initiative for Democracy and Resolution of the Kurdish Question" Declares Formation of New Party
The "Initiative for Democracy and Resolution of the Kurdish Question" declared on 01.12.2001 in Ankara, their intention to form a new political party at the end of January 2002. The "Kurdish Democratic Platform" would also participate in the party. 
According to a statement the party will work for a pluralistic and democratic Turkey. The statement also indicated that it was urgent for any resolution to the Kurdish question to form parties and to engage with the risks arising from this. 
The party is being supported by a wide, pluralistic spectrum of people and groups holding a range of views. (Sources: Statement from the " Initiative for Democracy and Resolution of the Kurdish Question ", 01.12.01)
 

Turkey Agrees to EU Strike Force Access to NATO Installations Powell Promises Financial Aid to Turkey
Ankara has backed down on its resistance to planned EU strike force access to NATO installations. The force can therefore now operate from bases in Turkey. It may not, however, be used in action in the Aegean or Cyprus.
Shortly before the visit of American foreign secretary Powell, the Turkish government unexpectedly agreed to the stationing of EU strike forces at Turkish NATO installations, planned for 2003. Following a special meeting involving important ministers and the head of the general staff Hüseyin Kivrikoglu, Turkish Prime Minister Ecevit revealed that "reasonable expectations" had been taken into consideration during talks with London and Washington. 
Surprised by this positive development, Powell then came up against the Iraq question. He said that president Bush had not yet made any decision on the next step in the fight against terror. Turkey have doubts about any renewed military operation against Iraq. The 1991 Gulf War and the UN sanctions against Iraq have caused the country losses worth billions. 
Powell ensured Ankara of American government support so that Turkey would receive a new aid package work 10 billion dollars from the International Monetary Fund. (Source: NZZ; 05.12.01, 06.12.01)
 

International Fresh Water Conference in Bonn Calls on Government to Refuse Export Credit Guarantees for Controversial Ilsiu Dam Project in
Turkey-Kurdistan
On 02.12.2001 in Bonn the Society for Threatened People declared that "the German government would lose credibility for their engagement in sustainable water supply if they aided the forced resettlement of 60,000 Kurds through an export credit guarantee". Consolidation to the Anti-terror Coalition cannot mean that human rights are trampled over.
Because of their commitment to the Anti-terror Coalition, Turkey as well as India have been promised concessions in the issuing of export credit guarantees applied for by the German branch of the Swiss-Austrian firm Sulzer Hydro. The Ilsiu dam would flood an area of 313 square kilometres around the Tigris including parts of the archaeologically and historically significant town of Hasankeyf. One hundred and one Kurdish towns and villages would be under water. 15,500 Kurds from 88 villages have already left their homes. The dispossessed small farmers have not yet been adequately compensated. A further 43,700 Kurds are threatened with forced resettlement.
The society also warn that the massive Ilsiu dam project will create difficult political problems of security. The neighbouring states of Syria and Iraq, only 65km away, have already been making massive protests. They fear that the quality and amount of water flowing into their countries would be impaired by the dam. A war for water would be the last thing this crisis ridden region needs.. [...]  (Source: Press Statement GfbV, 2.12.01. Further information available on the GfbV-Homepage www.gfbv.de).
 

Reporter Sans Frontiere Welcome Release of the Iranian Alidschani
The journalist association Reporter Sans Frontiere (RSF) have welcomed the release of the Iranian regime critic and journalist Reza Alidschani. "But we must not forget that Iran is still the biggest prison in the Middle East for journalists", said the organisation in Berlin. Three weeks ago Alischani was awarded the organisation's human rights prize for his efforts for press freedom in Iran. (Source: afp, 18.12.01) 
 

KDP Head Massoud Barzani Makes Statement on Threats from Turkey and Iraq
Turkish threats against an autonomous Kurdistan arising from a US attack against Iraq and the stationing of large numbers of Turkish and Iraqi troops on the northern and southern borders of South Kurdistan, has given the KDP leader Massoud Barzani occasion to make a statement in a speech to his party on 29.11.2001.
Barzani made it clear that the main priority of the KDP was peace and the safety of the Kurdish people and that the interests of the Kurdish people were central in any negotiations. Regarding Turkish threats against a Kurdish state in northern Iraq as well as threats from Saddam, he said, " We will not play with the fate of our nation. We are well aware of the current world situation and we know our limitations. Our aim is clear  [...]. We want to solve the question of the Kurdish people in Kurdistan on the basis of federalism as part of a democratic Iraqi state [...] We have chosen this way because we believe that it is possible. We do not demand an independent state, not because this is unjust but rather because we are aware of the current situation. To demonstrate such fear or sensitivities is simply provocation towards the feelings of the Kurdish people. Why are the Kurds being accused of something they have not demanded?  We are a peaceful nation and do not wish to be threatened - we are not a threat to anybody. But if anybody believes they can impose their will onto us by force or that they can lead us into negotiations which are against the interests of our people, then they are making a big mistake. If we are forced to defend the Kurds and Kurdistan then we are ready to sacrifice everything. But we intend to continue with our peaceful and democratic way and will not let ourselves be provoked. "
Barzani also said that the Kurdish question could not be solved through the ignorance of states. It was a question of 30 to 40 million people which could not be solved through violence of genocide. This had not been possible in the previous century and would not be possible in this century. 
On his party's stance towards terrorism Barzani said that peace and dialogue was the only way, no matter how long it might take. This has not just been the KDP's stance since September 11th but has long since been a basic principle of the KDP. (Source: Iraqi Kurdistan Dispatch, 05.12.01)
 

US Delegation: No Second Border Crossing Between Turkey and Iraq
The KDP have revealed, following talks with a US delegation, that Washington has given Massoud Barzani guarantees that no second crossing point would be opened between Turkey and Iraq. The US have increased pressure on Turkey who are attempting to normalise relations to Iraq and to boost cross-border trading. A second crossing would relieve the crossing at Haburbut but would effect the balance of power in northern Iraq. 
A second crossing would go through a corridor through Iraqi controlled territory and would exclude the KDP governed region from an important source of income. (Source: Cumhuriyet, 15.12.01)
 

UNO and Iraq Sign "Oil for Food" Programme
Iraq and the UNO have signed an extension to the "Oil for Food" programme. UN spokesman Fred Eckard said in New York that the programme is expected to run until the end of May 2002. It permits the Baghdad government to export a limited amount of oil, under UN control, to allow the import of food and medical supplies for the Iraqi people. From June next year import restrictions are to be eased. The UNO then want to issue a list of products which could be used for military purposes and which will not be allowed to be imported without UN authorization. The import ban on all other products would then be lifted. The UN Security Council recently agreed to the extension. (Source: afp, 04.12.01)
 

Organised People Smuggling from Iraq
The flight of intellectuals out of Iraq continues despite severe government penalties against both those fleeing and those doing the smuggling. The list of people not allowed to leave Iraq is long. Included are university professors, army officers, doctors, engineers and those involved in weapons production. But in strictly controlled Iraq even prisoners can be smuggled out of prison and taken abroad - as long as they can pay 12,000 US dollars. 
Behind the smuggling network is the high-ranking officer Amer al-Nasseri. Some of those who fled Iraq have said that they signed over all their assets to al-Nasseri so that their names would be removed from the list of those not permitted to leave enabling them to receive passports and visas. Al-Nasseri is related to Saddam Hussein and a member of the Tikrit clan, Saddam's birthplace. (Source: Iraq Press, 03.12.01) 
 

Church Asylum Initiative Awarded Carl-von-Ossietzky-Medal
The Church Asylum Initiative in Germany has been awarded this year's Carl-von-Ossietzky-Medal by the International League for Human Rights. The League justified the award by saying that church parishes had demonstrated civil courage in being active against the deportation of refugees. The League want to use the medal to encourage citizens to be active in bringing about basic and human rights. The church asylum initiative provides protection to refugees for whom there are reasonable doubts of a risk-free return to their homelands. They take a position between refugees and authorities, enabling a reassessment of cases and preventing deportation.
Those honoured in Berlin were die Bundesarbeitsgemeinschaft Asyl in der Kirche, die Berliner Arbeitsgemeinschaft Asyl, die evangelischen Kirchengemeinden in Guben und Moers as well as  Wanderkirchenasyl NRW. 
According to the  Arbeitsgemeinschaft Kirchen-asyl, it is becoming increasingly difficult for churches to offer asylum. The state was becoming less prepared to cooperate in finding solutions for people who had received church asylum, said Pastor Quandt, head of the Ökumenischen Bundesarbeitsgemeinschaft Asyl in der Kirche. 
Quandt criticised that police had ended their restraint in entering church buildings. They made searches and confiscated minutes of meetings. "This is a taboo which was even respected by the state in the worst times from 1933-1945. Human rights must be valued higher than the rights of the state in regulating immigration" (Source: taz, 05.12.01, 08.12.01)

Genocide and Remembrance: Expulsion, Persecution and Destruction of the Armenians
In remembrance of the Armenian genocide from 1915, a photo exhibition and many other events are to be held in the Alte Feuerwache in Cologne  from 13-01-2002 to 22.01.2002.
The exhibition is to be opened by Karekin Bekdjian, Archbishop of the Armenian Church in Germany. Following a talk by Ralph Giordano, Edgar Hilsenrath will read from his novel Das Märchen vom letzten Gedanken.  (The full programme is available under www.kurden.de.)
 
 

Dear Readers,

This is the last issue of the Weekly Information Service for this year.
Editorial Team 
Merry Christmas and a successful New Year.
Serkevtî û saxî li sala nu da. Sersala we pîroz be.
Besinnliche Feiertage und ein erfolgreiches neues Jahr
 


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