International
Association for Human Rights of the Kurds
IMK Weekly
Information Service
Date:15th
March – 20th April 2002 Number: 151-152
German Foreign
Ministry Confirms
Presence
of Iraqi Kurds
The German
Foreign Office has confirmed that leading representatives of opposition
Iraqi Kurds had been in Germany. A ministry spokesman Andreas Michaelis
said in Berlin, "The Foreign Office were informed that these persons would
be staying here”. There was no information "on who would be in-volved in
any possible talks”.
According
to a report from the Arabic newspaper As-Sharq Al-Awsat the leaders of
the two most im-portant Kurdish parties are said to have had secret meetings
with US military and intelligence service officials on plans for toppling
Iraqi leader Saddam Hussein. The rival Kurdish leaders agreed at the meeting
near Berlin “ to unite their governments and military”. According to the
newspaper report, the Kurdish leaders Dschalal Talabani and Massud Barsani
want to participate with a common programme in an Iraqi Opposition Conference
in 2 months time. Talabani is the head of the Patriotic Union of Kurdistan
(PUK) and Barsani is head of the Democratic Party of Kurdistan.
PUK leader
Talabani said that there had been no meeting in Germany between the party
leaders and the US military (Sources: IMK e.V., dpa, 22.04.02, )
Human Rights:
UN Refrain
from Condemning Iran
For the first
time in 19 years, the UN’s Human Rights Commission have refrained from
condemning Iran. In a resolution brought by the European Union in Geneva,
19 countries voted for, 20 against, and 14 abstained. Zimbabwe and Russia
had previously just escaped being condemned.
The proposed
resolution regretted the continued breaches of human rights in Iran including
cases of disappearances and the systematic discrimination of women and
girls. The commission indicated their concern at the continued brutal public
executions such as stoning and punishments such as amputa-tions and whippings.
It was also regretted that Iran had not permitted entry of a UN special
envoy since 1996.
It was principally
Islamic countries and Chinas who rejected the proposal because it had,
according to the Chinese delegate, ignored all the positive developments
in Iran. Libya’s representative claimed that the Human Rights Commission
was just a tool for interfering in internal affairs under the pretext of
defending human rights. Pakistan spoke of a politically motivated resolution
and offered, on behalf of the Organization of Islamic Countries (OIC),
to enter into to dialogue with Iran on human rights is-sues. (Source: Frankfurter
Rundschau, 23.04.2002)
Foreign
Office Berlin:
Report
on Asylum and Deportation Issues
In Turkey
(Situation
as at February 2002)
5. Human
Rights Situation and
Human Rights
Organizations (Extract)
With regard
to international agreements and conventions in the area of human rights,
there had been no new developments in Turkey during 2001. In the latest
constitutional amendment, a proposed arti-cle was dropped at its first
reading which intended to give priority to international agreements over
internal law.
...The EU
Commission state that the human rights situation with regard to specifics
must be improved, and that the situation regarding torture since the last
progress report (November 200) has not got better and is cause for great
concern.
Despite the
implementation of positive constitutional and legislative amendments, there
is little im-provement to be seen in practice in the area of human rights.
Disappearances of people and unresolved deaths have become more infrequent
but Turkish and international human rights organizations report an increase
in cases of torture and ill treatment over the past year. This information
can not be verified by the Foreign Office. Legal action taken against alleged
anti-state comments have increased. Freedom of opinion in Turkey goes only
as far as the judiciary and security forces consider the state to be at
risk through “Reactionary forces” or “Separatism”.
Human rights
in practice suffers mainly from the continued inadequate observance by
the security forces of legitimate rights. This problem is underlined in
a memorandum (11-point-plan) from Interior Minister Yücelen in June 2001
to governors and the gendarmerie, in which he expressly requests the observance
on the prohibition of torture and on the existing regulations regarding
arrest and interview procedures.
State officials
regularly distance themselves from breaches of the law perpetrated by their
subordi-nates. There has been a rise in the number of convictions and legal
action being taken against the per-petrators. But such action continues
to be rare (see item. III.2.a) despite there being existing legislation
to deal with it..
In the 4 state
of emergency provinces in the south east basic rights can come under even
harsher attack because of the emergency regulations there, in particular
the long periods one can be held in police custody - the so-called “incommunicado-detention”
(see item III.2.a.).
It is not
unusual for Turkish human rights organizations to be hindered by the state
(see item. II.1.b.dd.). The most important of these non governmental organizations
are:
- The Human
Rights Association ("Insan Haklari Dernegi" - IHD), founded in 1986 by
98 founding members in light of the 1980 military putsch and the associated
human rights abuses. In their half-yearly report the IHD documents human
rights violations and organizes symposiums, discussion rounds and courses
on human rights issues as well as campaigns for the abolition of the death
penalty , for peace, amnesty and the abolition of the state security courts
etc. The IHD cares for victims of hu-man rights abuses and has been very
active in seeking solutions to the hunger strikes. This led to a confrontation
course with the government.
- The Turkish
Human Rights Foundation ("Türkiye Insan Haklari Vakfi" - TIHV), founded
in 1990 by 51 founding members (including the IHD) with the aim of providing
medical and psychological care for the victims of torture and to document
human rights abuses in Turkey. TIHV’s Documentation Center records human
rights breaches in Turkey and publishes them in daily bulletins. (available
over the Internet – also in English). They also provide annual statistics.
The TIHV support 5 treatment and rehabilitation centers for victims of
torture in Istanbul, Ankara, Izmir, Diyarbakir and Adana. Doctors, psychiatrists
and social workers work in the centers to provide victims of torture and
their families with cost-free medical and psychological treatment, to train
health workers on torture and its effects and to carry out studies on the
physical and psychological problems of victims of torture. The TIHV can
provide alternative medical reports to official ones. These have been used
in court cases on torture.
- The Islamic
oriented human rights organization “Mazlum Der", founded in 1991, organizes
confer-ences and seminars on human rights abuses, Muslim headscarves, and
Kurdish questions. They say their central activity is to help people in
need (e.g. aid to Bosnia, aid for victims of earthquakes, etc.) and to
document situations concerning human rights, particularly in northern Iraq.
There are
also several other foundations and associations who are active in the field
of human rights such as the “Foundation of the Turkish Community for Human
Rights” (IHK, founded in 1999), the “Foundation for Research into Social
Rights” (TOHAV) or the Association of Contemporary Jurists ("Cagdas Hukukcular
Dernegi"). There are also philosophical or political science institutions
associ-ated with human rights at some universities. Lawyers’ associations,
representatives of industry and other organizations are becoming more and
more involved with human rights issues.
Ankara Reacts
Skeptically to PKK Name Change
The Turkish
government and military have reacted skeptically to the name change by
the banned PKK party to “The Freedom Party of the People” (PAG). According
to Turkish press reports, Prime Minis-ter Bülent Ecevit said that the PKK
just wanted to disguise itself by changing its name. Interior Minis-ter
Rüstü Kazim Yücelen said that the PKK, even with its new name, was still
a “terrorist organiza-tion”. The deputy head of the Turkish General Staff,
Yasar Büyükanit, referred to the PKK as just “playing games”. He also criticized
the European Union for still having not placed the PKK and the extreme
left wing DHKP-C on their list of terrorist organizations. (Source: AFP,
26.3.2002)
PKK Renounce
Armed Campaign for
Kurdistan’s
Liberation
The PKK have
renounced any armed campaign for a Kurdish state. The organization recently
let this be known in Brussels. The immediate renaming of the party to the
“Congress for Kurdistan Freedom and Democracy” (KADEK) was also decided
at a party conference. It was also revealed that Abdullah Öcalan, imprisoned
and sentenced to death in Turkey, had been voted to the KADEK leadership.
(Source: dpa,16..04.02)
Turkey Amends
Party Laws–Bans More Difficult in Future
The Turkish
Parliament recently voted for a law change that will in future make it
more difficult to ban political parties. The reformed party laws now has
a system of graded penalties. In future, state finance can be partially
or entirely revoked depending on the severity of the offence.
An important
factor for banning a party will be whether it has become a “center” for
banned activities. In the recent past, mainly Islamic and pro-Kurdish parties
have received bans. (Source: dpa, 26.3.2002)
Turkey Intends
to Make Torturers Pay
Whoever perpetrates
torture or abuse in Turkey will now be called on to compensate the victims.
This will apply at least to compensation payments imposed on Turkey by
the European Court of Human Rights in Strasbourg. In future recourse will
be taken against “the torturer” in such cases. A corre-sponding change
to the police laws was recently voted for in the Turkish parliament. The
amendment was part of a package of “compliance legislation” which should
smooth Turkey’s way towards the European Union. (Source: dpa 26.3.2002)
Turkish
Police Arrest
100 Kurdish
Demonstrators
Turkish police
recently arrested around 100 Kurdish protestors in Istanbul who were demonstrating
for Kurdish language tuition. A spokesman for the event said that around
a thousand demonstrators had marched on a post office to send a symbolic
Fax to the Turkish parliament. Police stopped them before the post office
and arrested around 100 demonstrators, with many officials from the pro-Kurdish
HADEP party amongst them. Ankara have to allow Kurdish language education
in order to gain mem-bership to the EU. (Source: AFP, 27.3.2002)
Illustration
of Mosque on Cigarette Packet
Causes
Offence
The illustration
of a mosque on a cigarette packet from the American tobacco corporation
Philip Mor-ris, has called into action the Turkish Authority for Religious
Affairs. Although Islam does not ex-pressly forbid smoking, it was not
“appropriate” for the silhouette of a mosque to be on the packaging of
a product which Islam did not “approve of”. This kind of mild pressurizing
from the authority was successful. The Turkish branch of the US concern,
Philsa, let it be known that the design would be changed on the “Chesterfield”
cigarette packets which have been made in Turkey since 1996. There had
been no intention to offend anybody with the illustration. (Source dpa,
28.3.2002)
Turkey Investigates
Allegations of Spying Against Adenauer-Foundation
The Turkish
judiciary are currently investigating a press report which alleges spying
by the German Konrad-Adenauer-Foundation’s office in Ankara. The German
weekly publication Der Spiegel re-ported that a preliminary inquiry had
already begun. This came about because of comments made by a lecturer at
Ankara’s University that German journalists and employees for German foundations
were working for the German intelligence service. The German Orient Institute
in Istanbul have also mean-while received visits from the police. According
to Der Spiegel, the unusually severe approach being taken against the institute
is being seen as a warning from anti-Europeans within the Turkish judiciary
and military. (Source: AFP, 28.3.2002)
Turkey Admits
Responsibility for the Deaths of Two Left-Wing Militants
Turkey has
admitted responsibility for the deaths of two members of a militant communist
group who were shot dead during a police operation 11 years ago. According
to the European Court of Human Rights, Ankara intends to pay the families
of the victims compensation of €76,224. Following this amicable agreement,
the families’ complaint was put to the files.(Source: AFP, 28.3.2002)
German Foundation
Slandered:
Turkish
Journalist "Warned"
The Turkish
Press Council has issued a warning to a journalist from the newspaper Hürriyet
because of an article on a report from the Friedrich-Ebert-Stiftung in
Istanbul. Passages that were claimed to have been from the report, whose
subject matter was Islamic organizations in Germany, had been made up.
They could not be found neither in the German original nor in the Turkish
translation. The Press Council said that the journalist had therefore presented
the foundation in a false light.
German foundations
located in Turkey consider that they have been subjected for months now
to alle-gations that their work undermines the state and supports breakaway
tendencies. Turkish organizations who have worked with German foundations
have also been subjected to preliminary inquiries from the state prosecution
service and state security courts in Ankara. (Source: dpa, 29.3.2002)
Turkish
Court Lifts Ban on TV Station GÜN-TV
A Turkish Court
has revoked a decision to impose a 1 year broadcasting ban on a TV station.
The court in Ankara judged that the Kurdish songs broadcast by the station
had no “separatist” content. The local station in Diyarbakir, Gun-TV, had
protested against the ban from the Turkish Audiovisual Council for allegedly
promoting the banned PKK party. The court were of the opinion, however,
that the texts in question had been incorrectly translated into Turkish.
(Source: AFP, 29.3.2002)
Armenian
Genocide:
Turkey
Intends Giving Access to Archive
Turkey wants
to prove that there was no Armenian genocide at the beginning of the 20th
century by opening up its archive.
Turkey intends
giving international academics access to their archive on the fate of the
Armenians during the first World War. President Ahmet Necdet Sezer stated
that in this way reports would be disproved which claimed that Turkey,
in the last years of the Ottoman empire, carried out genocide of the Armenians.
Sezer said
to delegates at a academics conference on the theme of genocide in Ankara,
“I call on all academics to decide for themselves on the facts in the archive”.
The Armenians
claim that between 1915 and 1923 up to 1.5 million Armenians were murdered
by Turks. Turkey claims that this figure is greatly exaggerated and that
most of the dead died during dis-turbances.
In a letter
to the conference, Prime Minister Bülent Ecevit also said that “Historical
facts have to be investigated and debated by historians”. He condemned
last year’s decision by France and the Euro-pean Parliament to officially
describe the events as genocide of the Armenians. (Source: nz, 20.4.2002)
Hussein
Daoud Sentenced to Two years
Imprisonment
On 20.03.2002,
the Syrian Kurd Hussein Daoud was sentenced to prison for 2 years. He has
been in prison, however, since his deportation from Germany in December
2000. Following his detention he was considered missing. Nobody could obtain
any information concerning his whereabouts. The Ger-man government only
began to pressurize the Syrian government after protests by Kurds in Germany.
On 26.06.2001 German Embassy representatives were able to visit Hussein
Daoud. In September his parents were able to visit him. It became apparent
at the visits that Hussein Daoud had been severely tortured. Without the
protests from Germany Hussein Daoud would probably now be dead.
After nearly
one and a half years of unlawful detention, Hussein Daoud was then sentenced
to 2 years imprisonment following a dubious court case. The judgment was
based on his activities for the Kurd-ish Peoples Union Party in Germany.
In Germany, however, the courts considered his involvement with the party
as not being relevant to obtaining asylum.
Amnesty International
has now classified Hussein Daoud as a political prisoner. (Source: IMK
e.V.)
Ship with
Illegal Immigrants Sent Back to Turkey
Athens (dpa)
– In the eastern Aegean, Greek and Turkish coastguards forced a ship to
turn around with 84 illegal immigrants on board. The semi-official Greek
news agency ANA claimed that a Greek traf-ficker had been arrested.
According
to reports, Greek coastguards from the eastern Aegean island of Chios noticed
a ship sail-ing from the west Turkish Aegean port of Cesme. Patrol boats
from the Greek coastguard and Turkish speed boats then forced the captain
to return to Cesme.
There is an
agreement between Greece and Turkey concerning the return of illegal immigrants.
Ac-cording to official sources, in the past 6 months more than 900 illegal
immigrants have been returned. The Aegean is one of the routes which international
traffickers continually use to get illegal immi-grants into the EU. (Source:
dpa, 11.4.2002)
Kurds Sent
on Wild Goose Chase
A Kurdish family
has to live apart for 2 years because the authorities won’t help. They
are expecting a second child and now the father has unnecessarily been
put on a police wanted list.
Two years
ago Nasser Rimmo and his wife Kauzer Al Zein had an Islamic wedding in
the Mevlana-Mosque. Their first child Aischa is now 1 year old and the
second is expected. However, Nasser Rimmo, Aischa’s official and blood
father, can obtain no legal residency in Bremen to be with his wife and
child.
“Everybody
is against us” said the illiterate Kurd, who like his Lebanese wife, can
hardly speak any German. He has been living in Löbau-Zittau in Saxony,
where he had been sent following his asylum application. He would still
be there today if a gynecologist had not certified that he must be with
his wife in Bremen because of problems with her pregnancy.
Kauzer Al
Zein’s written request for her partners “transfer” to Bremen has again
recently been rejected – by telephone. Nasser Rimmo said that “a big boss”
in the Foreigner’s Department told him “No chance without a marriage
certificate from a German registry office”. He is dejected because this
is precisely the next hurdle. For the past 2 years he and his wife have
been trying to marry at a registry office. Everything would then be easier
for them but to date there are still problems concerning the correct documentation..
The problem:
Nasser’s parents apparently did not register his birth, neither in the
Lebanon where his mother still lives in Beirut and where his father is
buried, nor in Turkey. Therefore, Nasser Rimmo has never had a passport.
This is the only reason preventing his deportation - but it is also hampering
any registry office marriage. The couple believe that this is the reason
for their forced separation.
The Foreigner’s
Department had indicated that the husband would be allowed to come to Bremen
after having married in a registry office. However, a written request for
a “transfer” made in January from the wife to the department remains unanswered.
Like a similar request made 2 years ago, it seems also to have been unsuccessful.
A spokesperson from the regional interior department has now said to the
daily newspaper taz that Herr Rimmo would not be dealt with by themselves
and that an application for a reunion would have to be made in Löbau-Zittau.
The Bremen Social Services and not the For-eigner’s Department were responsible
for such matters. Nobody appears to find it necessary to inform the couple
of this let alone give them any sort of support.
In the meantime
the couple, who are both recipients of social security, have spent several
thousands of German Marks on international telephone calls, translations,
the certification of documentation, and on acquiring various other paperwork.
Nasser Rimmo owes money to almost all of his in-laws. The prin-ciple problem
for the husband is that because he does not appear to have been registered
anywhere he cannot obtain any official confirmation that he is not already
married. Without this he can only marry in a German registry office under
exceptional circumstances.
The families
did make an oath. Rimmo said “My parents and 2 witnesses made an oath that
I was sin-gle”. He showed taz this document. However, the registry office
then wanted a document proving that he was the son of these people. Rimmo
said, "There’s always something else”.
The final
bombshell for the couple is notification from the Bremen registry office
that a document from Beirut allegedly has a falsified stamp and signature.
The document would have made unneces-sary a certificate of single status.
There are now allegations of documentary falsification which the state
prosecutor must investigate. Masser Rimmo has therefore been placed on
a police wanted list.
The reason
given for this is that his place of residence is unknown - as if
Nasser Rimmo planned to go into hiding instead of marrying his wife who
has lived, with their child, for years in Bremen and who just recently
informed the Bremen Foreigners Department of her husband’s address to hasten
up the process.
If the husband
was present the wife could even go out to work and therefore would no longer
be de-pendent on state aid. She possesses unrestricted working and residency
permits. Her partner has now registered with the state prosecutor so as
to remove himself from the police wanted list. He will then return to Saxony
where the police wish to question him on the falsifications. Nasser Rimmo
does not think there will be a registry office wedding before the second
child is born in September, “but we would at least like to be able to live
together”. (Source: taz Bremen, No. 6717 from 5.4.2002)
Dear Readers,
We apologize
for the delay in providing you with this issue of WIS.
This double-issue
is as a result of staff changes. We will make every effort in future to
provide you with regular issues of WIS .
Further
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but rather the current discussions concerning the issues we deal
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With Best Regards
The Editorial
Team
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