29th Year / 29e Année
Janvier 2005 January - N° 317

 

Call for open discussion of taboos
such as Armenian Genocide in 2005

Droits de l'Homme / Human Rights

2004 Human Rights Report for Istanbul

The Istanbul Branch of the Human Rights Association (IHD) has issued the following report on the human rights violations in Istanbul in 2004:

Prisons:

Deaths  due to hunger strike/other forms of protest: 7
Deaths for other reasons: 18
Arrests under court ruling: 213
Applications to our Association on human right violations: 139

Torture, ill treatment and violence:

Applications to our Assocation: 299
Female torture victims: 86
Male torture victims: 201
Children: 12
Death under custody: 2
Allegations of torture reported by the media: 11

Disappearances:

Applications to our Association: 25
Disappeared persons found alive: 6

Right to life:

Deaths due to shooting by the police: 4
Injured due to shooting by the police: 6
Injured due to armed assault: 11
Unsolved murder cases: 40
Death due to work accident: 15
Women murdered in ≥honour≤ killings: 3
Deaths due to bombings: 9
Injured due to bombings: 45
Deaths due to negligence: 1
Deaths due to assaults during election campaigns: 1
Injured due to assaults during election campaigns: 9
Political murders: 2
Injured in political assaults: 10
Applications to our Association for violation of the right to life: 12

Violation  of right to information, communication, speech and organisation:

Closed down radio stations/TV channels by the Broadcasting Regulation  Board (RTÜK): 29
Total number of days of broadcasting ban imposed by RTÜK: 296
Number of Radio stations/TV channels given ≥warning≤ by RTÜK: 12
Number of books   banned: 3
Number of newspapers and magazines banned: 12
Number of newspapers and magazines which were subject to temporary ban of publication: 24
Number of days the publications were banned from publicatio: 5
Arrested journalists: 4
Scientists removed from office on grounds of their political views: 2
Number of demonstrations banned: 23
Total imprisonment for expressing thoughts: 54 years and 3 months
Total amount of fines imposed for expressing views: 23.801.784.000 TL
Imprisonment demanded by public prosecutors for expressing thought: 647 years 7 months
Activities banned or interfered with on grounds of NATO Summit: 19
Number of associations, newspaper offices, cultural centers raided by the police: 38
Journalists beaten by the police while trying to report on the NATO Summit meetings: 1
Press members attacked: 13
Teachers taken under custody: 1
Students for which legal proceedings started: 20
Closed down election campaign offices: 1
Closed down associations: 1
Postponed strikes: 1
Dismissed students: 42
Cinema films banned: 1

Expatriations, Extraditions, Travel Bans, Violation of Social Rights:

Applications to our association for this reason: 126
Violation of Economic and Social Rights: 295
Applications on grounds of violation of economic and social rights: 135

Bombings:

Incidents of bombing in Istanbul: 39
Deaths in bombings: 9
Injured in bombing: 45

(IHD Istanbul Branch, January 27, 2005)

PM to Investigate "Death Under Custody"

The Human Rights Directorate of the Prime Ministry launches an investigation to look into the allegations that Gokhan Belguzar, who lost his life under detention at the Osmaniye Police Station in Bakirkoy, Istanbul, died as a result of torture.

In a written statement, the Human Rights Directorate said that the Istanbul Provincial Human Rights Committee had been ordered to launch the necessary investigation. The statement added:

"There have been reports in the media that Belguzar, who died under detention at the Istanbul Bakirkoy Osmaniye police station, lost his life due to torture, that the camera in Belguzar's cell wasn't working, that Belguzar wasn't given his medication, and that the officer on duty left the police station. On these reports, it was decided that the incident should be investigated and the Istanbul Provincial Human Rights Committee has been ordered to do so."

Police has stated that Belguzar committed suicide under detention by hanging himself. However, his family is claiming that he died as a result of torture. The prosecutor's office is awaiting a report from the Forensic Medical Institution to go ahead with the probe. The reason for Belguzar's death will become clear with the report.

The Istanbul Police Headquarters has also launched an investigation about the police officers who were on duty the night Gokhan Belguzar lost his life.

A group from the Istanbul branch of the Human Rights Association (IHD) who wanted to conduct investigation at the Osmaniye police station on January 25, was prevented by security forces. (BIA News Center, January 31, 2005)

Physicians on Trial in Istanbul

On 26 January, Istanbul Penal Court of First Instance No 7 continued to hear the case against 85 persons including executives of Turkish Medical Association (TTB), union for the workers in health sector SES, unions, professional chambers and Patients' and Patients' Relatives' Rights Association (HAYAD) who attended the actions organised by TTB and SES on 5 November 2003.

The indictment wants the defendants to be sentenced according to Article 236 TPC for "leaving duty without permission". The court adjourned the hearing for the testimonies of the defendants. (Özgür Gündem-TIHV, January 31, 2005)

IHD Executive on Trial in Diyarbakir

On 24 January, Diyarbakir Penal Court of First Instance started to hear the case against Selahattin Demirtas, Chairman of the Human Rights Association (IHD) Diyarbakir branch, in connection with a statement published on the local paper "Gün".The court acquitted Demirtas. The indictment wanted Demirtas to be sentenced according to the Article 312 TPC. (Radikal-TIHV, January 31, 2005)

AI: Teachers' union under pressure in Turkey

The largest trade union in Turkey, the Education Workers' Union (Egitim Sen), is at risk of closure in an ongoing trial because of a statement in its statute that it will work for the right of individuals to receive education in their mother tongue. Meanwhile, peaceful protests against the trial have been dispersed with excessive force and their organizers have been prosecuted.

Since 2001 numerous constitutional and legal reforms have been made to bring Turkish law into line with international human rights standards. While many laws that have been used in the past to silence society have been changed, ways are still being found to restrict the rights to freedom of association, assembly and expression of human rights defenders - including trade unionists.

An example of this is the recent pressure brought to bear against Egitim Sen. In June 2004, a case was opened against the trade union at a labour court in Ankara asking for its closure since it had refused to remove from its statute the statement that it would work for "...the defence [of the right] of individuals to receive education in their mother tongue". The Ankara State Prosecutor who brought the case alleged that such an aim was contrary to Articles 42 of the Turkish Constitution which declares that "No other language than Turkish may be taught in educational and teaching facilities to Turkish citizens as their mother tongue". The State Prosecutor therefore demanded the closure of the trade union in accordance with the Law on Public Servants' Trade Unions which stipulates that the activities and administration of such trade unions may not be contrary to the Constitution.

In September, the court rejected the request for closure in a landmark decision which cited the rights to freedom of association and expression as laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms to which Turkey is a party. However, in an astonishing development, the Court of Appeals overturned this ruling in November on the basis that limitations to the rights to freedom of expression and association in this and other cases were necessary in order "...to prevent activities contrary to the unitary structure of the country as a compulsory precaution with the aim of protecting national and public security, and protecting public order". While it is true that the European Convention does accept some reasons for the limitation of these rights, it has stressed repeatedly in its judgements that the existence of relevant and sufficient grounds must be convincingly established by the state and that the limitation must be proportionate.

As a result of the Supreme Court's decision, a new trial against Egitim Sen began on 10 December 2004 at Ankara Labour Court No. 2. The next session of the trial will be on 21 February 2005.

Meanwhile, peaceful protests against the court case have been obstructed. Police reportedly used disproportionate force including beatings and tear gas to disperse a demonstration by supporters and members of Egitim Sen in Istanbul on 8 December 2004. Another case was initiated on 27 December at a court in Ankara against the board of Egitim Sen for staging an unauthorized demonstration against the case in 13 July.

Background:

Egitim Sen is Turkey's largest union with a membership close to 200,000 made up of teachers and education workers. It was founded on 23 January 1995 and is a member of Education International (EI) and is also a constituent of the International Confederation of Free Trade Unions (ICFTU).

Despite reforms made by the present government to improve the rights of citizens in Turkey, there still remain many laws which can be used to restrict fundamental rights, demonstrating the need for further legal and constitutional reform. Nowhere is this clearer than in the area of minority language rights. More than thirty languages are spoken in Turkey. While the Law on the Education and Teaching of Foreign Languages was changed in 9 August 2002 to allow for the "learning of different languages and dialects used traditionally by Turkish citizens in their daily lives", this right is subject to numerous restrictions. For example, the languages may only be taught to adults at private language courses. The UN Special Rapporteur on Education Katarina Tomasevski has pointed out the discrepancy that, while it is possible to learn foreign languages (such as Hungarian) at university, there are no language or literature departments in any minority languages at any university in Turkey.

Mother tongue education is similarly restricted. The United Nations Declaration on the Rights of Persons Belonging to National, Ethnic, Religious and Linguistic Minorities has stated that all UN member states should take "appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue". However, as the Special Rapporteur has also pointed out "...the mention of mother-tongue education [in Turkey] is further seen as jeopardizing territorial integrity, which removes the subject matter from the realm of national education to that of national security. Seeing multilingualism as an asset rather than a threat raises eyebrows... The boundaries between national security and education are apparently fluid and issues that pertain to education can be decided on national-security grounds rather than on their educational merits". Steps need to be taken to allow for the free discussion of such issues, such as in the case of Egitim Sen, and to remove restrictions on the teaching of minority languages - including by amending Article 42 of the Constitution. (AI Index, 21 January 2005)

Manifestation anti-UE à Ankara : quatre blessés, 176 interpellations

Quatre personnes ont été blessées, dont un policier, et 176 manifestants ont été interpellés par les forces de l'ordre lors d'une manifestation lundi sur une place d'Ankara contre l'Union européenne (UE), a rapporté l'agence Anatolie.

La manifestation était organisée à l'appel de la "Fédération de la jeunesse" regroupant des organisations de gauche, selon la chaîne d'information NTV.

Les manifestants, arrivés de plusieurs villes, ont lu un communiqué de presse avant de marcher vers la place centrale de Kizilay, généralement interdite aux manifestations.

La police anti-émeutes est alors intervenue en faisant usage de matraques et de gaz lacrymogène pour disperser les jeunes manifestants et a procédé à de nombreuses interpellations, selon l'agence.

Trois manifestants qui résistaient aux agents ainsi qu'un policier ont été blessés lors des heurts.

L'UE a décidé en décembre dernier d'ouvrir des négociations d'adhésion avec la Turquie le 3 octobre prochain, mais a soumis cette procédure à de strictes conditions. (AFP, 17 janvier 2005)

Turkey: Closure of Torture Prevention Group shocking

Amnesty International has written to the President of the Izmir Bar Association, Mr Nevzat Erdemir, to express its shock at his 7 December 2004 decision to dissolve its Torture Prevention Group.

The Group had been engaged in groundbreaking work in bringing justice to torture victims and its closure is a step-back in the struggle against torture. Amnesty International called for the decision to be reconsidered.

Amnesty International further stressed its great concern at reports that the administration of the Izmir Bar Association had seized files and computers from the offices of the Torture Prevention Group on 7 January. These contained confidential testimony, photos and other records related to some 575 applications from victims of torture. Amnesty International is concerned that applicants may subsequently face the risk of harassment, detention or even further torture and ill-treatment. It therefore sought urgent clarification as to the whereabouts of these documents.

In a press statement dated 13 December Mr Nevzat Erdemir stated that one of the reasons that he was closing the Torture Prevention Group was because a project it was coordinating was receiving funds from the European Commission which he claimed was on a mission to divide Turkey and to damage its national interest, including through the creation of "an independent Kurdistan". He stated that the closure of the Group was necessary in order to prevent "disasters for our Republic, our Nation and People" and that he "violently denounces this initiative [the Torture Prevention Group], supported by the European Union, which is directed, under the name of human rights, at the unity and integrity of our country". He also criticized the Group's cooperation with international organizations -- understood to include Amnesty International.

The decision to close the Torture Prevention Group appears to be against Article 95 of the Turkish Law on Legal Practice which states that one of the duties of Executive Boards of Bar Associations in Turkey should be to "protect and defend supremacy of law and human rights and to work to have these subjects applied".

Background:

The Torture Prevention Group was established in December 2001 by the Izmir Bar Association with the aim of providing legal aid to the victims of torture and to campaign to remove all obstacles in Turkish law and practice that might prevent the successful prosecution of perpetrators. The Group provides legal support to individuals who complain of ill-treatment and torture by police officers. It systematically monitors all stages of subsequent legal proceedings and intervenes when necessary including by lodging appeals and organizing medical documentation. The work of the Group is carried out by some professional staff but mainly by more than 250 lawyers from the Izmir Bar Association who work voluntarily.

By the date of the decision by the Izmir Bar Association to close the Group, 575 individuals had applied to it. Of these the Group had worked on 334 cases, in 116 of which perpetrators had been charged. The Group has also been active in sharing its experiences with lawyers throughout Turkey by organizing workshops. The tireless and groundbreaking work of the Torture Prevention Group is a model not just for lawyers in Turkey but around the world.

Official human rights bodies in Turkey like the Provincial and Local Human Rights Boards have been largely ineffective in investigating and monitoring human rights violations in Turkey. The work of the Torture Prevention Group has therefore been especially important in documenting the extent of torture and ill-treatment in Turkey. Despite Prime Minister Tayyip Erdogan's statement to the Parliamentary Assembly of the Council of Europe in October 2004 that "there is no longer any systematic torture in Turkey", his administration has failed to take sufficient steps to investigate and monitor patterns of torture for him to be able to make such a statement. Only in Izmir, thanks to the work of the Torture Prevention Group and human rights organizations, has the true extent of the situation in Turkey begun to be exposed in an objective fashion. (Amnesty USA, January 14, 2005)

2 soldats, 5 militants de gauche tués dans un affrontement à Tunceli

Deux soldats et cinq militants de gauche ont été tués au cours d'un affrontement dans l'est de la Turquie, ont annoncé samedi des responsables locaux à Diyarbakir (sud-est).

Les heurts se sont produits dans une zone rurale de la province de Tunceli, a précisé le bureau du gouverneur de la région, ajoutant que les opérations des forces de sécurité se poursuivaient.

Deux femmes figurent parmi les militants tués.

Trois soldats ont été blessés, toujours selon la même source.

Des responsables locaux de la sécurité considèrent que les militants appartenaient au Parti communiste maoïste (MKP, illégal).

Des membres d'organisations clandestines de gauche ont longtemps été actifs dans ces régions montagneuses, où sévissaient également les rebelles kurdes.

Le mois dernier, deux militants du MKP ont été tués dans la même province lors d'affrontements avec les forces de sécurité. (AFP, 15 janvier 2005)

Human rights violations increased in Turkish Kurdistan

Despite 2004 becoming a year of reforms in human rights issues, some violations continued to occur in 2004, the year Turkey obtained a date [Oct. 3, 2005] to open membership negotiations with the European Union.

According to a report released by the Diyarbakir Human Rights Association (IHD), the total number of violations experienced in the southeastern and eastern regions in 2004 increased to 7,208 from that of 6,472 in 2003.

The report also stressed, "The number of armed conflicts between security forces and the Kurdistan Workers' Party (PKK/Kongra-Gel) increased: While 104 people died and 31 people were wounded in armed clashes in 2003, 219 people died and 126 were wounded in 2004. Deaths due to landmines rose in 2004; 19 people died and 37 were wounded in 2003 while 18 people lost their lives and 46 people were injured due to mines in 2004. The number of unsolved murders decreased in 2004: 80 such murders were committed in 2003 while 68 were committed in 2004.

The number of torture and degrading treatment cases decreased in 2004. A total of 489 such cases were reported in 2003, but 2004 saw 338 such cases."

"Two radio and TV stations and two non-governmental organizations were closed down in the region in 2004 where prisons continued to be a problem with 266 rights violations in 2004 compared to 304 in 2003," said in the report.

Stressing that 2004 was a year of both good and bad, the area's Human Rights Association's Mihdi Perincek said that 2004 was a year when law reform on broadcasting and education in different languages, the law of association, the new Turkish Penal Code (TCK) and the release of the former deputies Leyla Zana and her friends of the now defunct Democracy Party (DEP) were all pleasing developments regarding human rights.

However, he said the year had witnessed very serious violations, namely, armed conflicts, legal investigation against freedom of thought, torture, arbitrary executions and arbitrary custodies. Furthermore, he stressed, legal investigations into those who committed these violations were insufficient.

The most important reason for this was governmental indifference. Moreover, some consciously blocked the democratization process, he added. In order to reassure the sense of justice in society the government should punish those who committed the violations," said Perincek, adding: "The role of local administrators in preventing violations is very important. For example, the newly appointed Diyarbakir governor has brought very visible improvements to the city where torture and violations have now decreased. However, such improvements must become institutionalized in order to become permanent." (Turkish Daily News, January 11, 2005)

Human rights 2004 in Turkey: Evaluations and expectations

Discussions on a date for the start of full accession talks between Turkey and the European Union dominated the country's politics in 2004. Therefore, efforts to reduce human rights problems were at the top of the government's agenda. What steps were taken towards human rights and basic freedoms in 2004? Turkish Human Rights Foundation (TIHV) Chairman Yavuz Önen evaluated 2004, expressed his expectations of human rights in 2005 and answered questions from the TDN.

As part of the EU accession process, some articles of the Constitution were amended and reform packages prepared for harmonization with the EU. Some  restrictive articles of the Sept. 12, 1982 Constitution were changed. The death penalty was removed and Article 90 of the Constitution was changed so domestic laws became subordinate to international laws. Equality between women and men was added. However the new arrangement is more restrictive than the former one. A need still exists for a new participatory Constitution instead of the Sept. 12 Constitution.

Amendments made for the prevention of torture are positive. State Security Courts (DGM) were lifted but high criminal courts established. There is serious suspicion that these courts will have the same functions as DGMs. It can be regarded as a positive step that a civilian has been appointed as the National Security Council's secretary general and duties of the General Secretariat have been restricted.

The fact that the EU Council gave a negotiation date to Turkey is the beginning of a new dynamic and long process. It is the main duty of various social sections and human rights organizations to create positive effects for the protection and development of human rights. Human rights violations should be monitored and determined in the new process without making a concession on the values of human rights. The negotiation process that will start after October 2005, is defined as "open-ended and long." The success of this process that started in 1963 with the Ankara Agreement depends on relations with society and acceptance of a political understanding that attaches importance to real democratic values.

Although it will become clear in the next term how successful the Justice and Development Party (AKP) government will be, the relations that it established with NGOs in the past give a hint of it. One of the important issues that caused discussions in 2004 was put on the agenda with the "Minority Report." The report that was accepted by the Human Rights Advisory Council (IHDK) received reactions from some circles and the government. Those, who prepared this report analyzed the Lausanne Treaty, EU law and our domestic law and offered some solutions. A campaign started against the council after the discussions that also included the IHDK. While amending nearly 260 laws, governments have never recognized IHDK as an advisory council. Commissions that were formed to carry out the functions of IHDK worked, but the "Torture Report," prepared by one of these commissions, has not received a response although it was presented to Foreign Minister Abdullah Gül.

If we look at the human rights situation in Turkey, the issue that should be handled first is torture. Torture was applied systematically by police, gendarmerie and special units in interrogation centers and other areas in 2004. Applications to the Turkish Human Rights Foundation (TIHV) and findings by the Human Rights Association show that the problem still continues. Out of 918 people treated in TIHV's treatment centers in 2004, 337 declared that they had been tortured in 2004. Out of 925 people, 340 declared that they had been tortured in 2003. This number shows that there was no change in torture between 2003 and 2004.

Although restrictions on freedom of thought and expression seem were restricted by legal arrangements, only the definitions of crimes were changed. As in the Turkish Penal Code (TCK), which is still being implemented, the new arrangement that will be put into force on April 1, 2005 restricts freedom of expression and includes anti-democratic articles.

Peaceful demonstrations by various circles of society, university students, unions and NGOs were faced with police violence. Pepper gas became "oxygen" for meetings and demonstrations. Before the NATO Summit that took place in Turkey in June, a number of news agencies, magazines, unions and associations in Istanbul and Ankara were raided by security forces, thousands of people underwent investigations during this process.

There was a worrisome increase in extrajudicial killings in 2004. Murders in Gümüs¸hane and Kûzûltepe revealed that security forces could misuse their authority to use a gun whenever and wherever they want. According to the findings of our foundation, 21 people died in extrajudicial killings.

Long-standing prison problems could not be solved last year. Detainees and convicts were isolated in F-Type prisons. The Criminal Execution Law, which will be put into force on April 1, 2005, will not solve prison problems but will increase them.

Another important arrangement among legal amendments is courses and broadcasts in other languages. Education in mother tongue was not publicly arranged. Some difficulties appeared in the opening of Kurdish courses. It was broadcast in different languages and dialects once a week only on TRT. Despite all these restrictions and deficient approaches, we find these arrangements positive.

The government has not taken steps for the return of people, who were forced to migrate from their homes in the east and southeast. The regulations in the law regarding "terror and covering losses caused by the anti-terror fight" that was approved in July were only issued in October. (TDN, January 7, 2005)

"National Security Policy Document" Quest Continues

Sanar Yurdatapan, the spokesperson for the Initiative Against Thought Crimes, making use of his right under the Law on the Right to Obtain Information, made an inquiry to National Security Council about the "National Security Policy Document."

After receiving a response from the Council telling him the document is "secret," Yurdatapan sent in another inquiry, asking why the document is secret.

Now, Yurdatapan, who hasn't received a satisfactory response to his objection, applied to the Evaluation Board for Obtaining Information at the Prime Ministry.

"I received a crammed response made up of many sentences which don't answer my question," said Yurdatapan, adding that he will continue to make use of his legal right to obtain information. The human rights activist plans to apply to Turkey's top administrative court if he doesn't get a satisfactory response from the Evaluation Board either.

"I just can't accept to be the citizen of a country ruled by secret orders instead of a coherent legal system," said Yurdatapan.

He called on those who agree with him to make use of their rights. "I am calling on them to contribute to efforts to have Turkey adopt a transparent regime," he told bianet.

Those interested in obtaining information may apply by clicking on the "form to obtain information for individuals," through the "Obtaining Information" link on www.mgk.gov.tr. (BIA News Center, Erol ONDEROGLU, January 5, 2005)

TIHV's Recent Human Rights Reports in Brief

January 31, 2005

Death in Detentionä Gökhan Belgüzar (20), who was detained on 21 January in Bakirköy district of Istanbul, died in Osmaniye Police Station. According to the official announcement, Gökhan Belgüzar, who was reportedly detained on the allegation of theft and identified by the victims, hanged himself on the side of an 80-centimetre-high bunk using an elastic band, which he pulled out from a blanket. In the investigation minute, it was alleged that the video recorder in the custody room was not working and the official on duty did not see the incident, as he was not at the place of incident. According to the minute, Gökhan Bergüzar, having a height of 1.80 cm allegedly hanged himself to the irons of the bunk having height of 88 cm. Another detainee Kadir Olcay Helvaci, who was in the same custody room, allegedly testified to the effect that he did not see Belgüzar while committing suicide on the grounds that he was sleeping. According to the report prepared by the Forensic Institute, Bergüzer had no traces of beating or wound on his body. His father Irfan Belgüzar, announced that when his son had been detained three years ago on the allegations of theft he had been tortured, his arms and his leg had been broken. As _rfan Belgüzar said, Gökhan Bergüzar had been sentenced to three years imprisonment and was released two months ago. Police stopped Gökhan Belgüzar and his two friends in Merter on 17 January and seized their IDs. One of these persons was detained when he went to the police station the next day in order to take his ID back. Gökhan Bergüzar was reportedly detained in the same way on 21 January. Irfan Bergüzar told the followings: "We saw him while he was being taken back to the police station after the health check. His hands were bleeding due to handcuffs. He was standing with a great difficulty. 'The beat me. They are going to beat me again. They are trying to throw crime on me' he said. They took our son before the very eyes of us and killed." His mother Sevim Belgüzar said: "I wanted to see my son. They did not let me to see. A police said: ' See him from the camera'. My son was lying down. One day later they told that our son hanged himself. How did they not see my son hanging himself? They killed him." His brother Orhan Belgüzar: "Police reportedly told our lawyer that the cameras do not record the places lower than the shoulder of the person, and Gökhan hanged himself to the irons having a height of 88 cm." Lawyer of the Bergüzar family Erkan Dere said that the incident would be clarified after the autopsy.  (Cumhuriyet-Milliyet)

Allegation of Extra-Judicial Executionä Five persons were killed by the soldiers on 19 January nearby Toptepe village of Kumçati town in Sirnak. According to the official announcement, the persons were allegedly "HPG militants and were killed during a clash". On the other hand HPG announced that the persons were "not militants but the civilian persons who wanted to see and get in touch with the militants". The killed persons were reportedly Zuhal Esen, Zerga Esen, Sibel Sartik, Nergis Özer and Hamdullah Çinar. Relatives of Hamdullah Çinar announced taht there were traces of burn and beating on the body of Çinar. Çinar's relative Irfan Çelik told that Hamdullah Çinar's right leg was broken from the knee, there were traces of burn on his left knee and chest, the thumb of his right hand was cut, his chin was broken and there were many traces of burn on his body, which looked like a cigarette burns. The report of the IHD committee who made an investigation in Sirnak in connection with the incident was released on 27 January. Reyhan Yalçindag, Vice-chair for IHD, attracted attention during the press conference organized at IHD Diyarbakir branch to the fact that "even if they wanted to join the Kongra-Gel the persons did not have guns and there was a possibility to capture them alive". Yalçindag described the incident as "an extra-judicial execution". According to the report, the incident occurred in a brook 2 km far from Toptepe village and nearby the military troops. The killed persons were civilian-dressed. No house search was conducted before and after the incident. The public prosecutor did not go to the place of incident. There were no minutes concerning the place of incident and the seized materials, photograph, video records or sketch of the place of incident in the investigation file. The funeral ceremony of Nergis Özer and Sibel Sartik on 23 January in Siirt passed with incident. Police wanted the corpses to be buried in the Municipality Graveyard although the families insisted them to be buried in the graveyard in Bitimlik quarter. A clash with stones and sticks was broke out between the police and the group of some thousand persons gathered for funeral ceremony. Many persons were detained during the incident. Detainees Tahir Çetin, M. Fadil Tasçi, Mustafa Gündüz, Yusuf Kaplan and M. Emin Döner were arrested on 25 January. Many houses were reportedly raided relying on the video recordings during the incident. Executive of DEHAP for Siirt province Ibrahim Kiliçarslan, chair for DEHAP Women Wings in Siirt Emine Oguz, Ibrahim Tektas and Yusuf Akin, who were detained during the house raids, were arrested on 26 January. The incidents and clashes continued in Siirt on the following days. Soldiers reportedly took the funerals of Sibel Sartik and Nergis Özer to Eruh after the incidents and buried in a graveyard there. (Özgür Gündem-Sabah)

Stop Warningä On the night of 26 January soldiers opened fire against two persons who were allegedly smugglers in the region between Saray and Özalp districts of Van. Vehbi Canpolat killed and his relative Hüsamettin Canpolat was wounded during the incident. It was alleged in the official announcement that Vehbi Canpolat and Hüsamettin Canpolat, who were smuggling drugs, opened fire against the soldiers upon the "stop warning" and a clash broke out afterwards. Vehbi Canpolat's brother Riza Canpolat, who appealed to IHD Van branch on 28 January, stated the followings: "Public prosecutor alleges that the incident happened as a result of a clash. My brother and uncle had gone to our relatives living in Kepir village. They were attacked by the soldiers with guns while they were returning. The dogs of the soldiers beat my brother after he was wounded. I saw that his body was bite by the dogs". In the autopsy report, it was stated that Vehbi Canpolat "died as a result of circulation and respiration stop due to firearm wound". (Özgür Gündem-Sabah)

Stop Warningä  A court case was launched against the non-commissioned officers Atalay Boylu and Halil Karakas, privates Müslüm Demir and Halil Kül in connection with the killing of Yücel Solmaz, who was a civil servant on charge at a clinic in Van. Yücel Solmaz had been shot to death on the night of 25 December in Edremit district of Van on the allegations that he did not obey "stop warning". The indictment wants the soldiers to be sentenced for "killing a person while exceeding legal limit on duty, inciting to kill, unaccomplished attempt to kill a person while exceeding the legal limit of duty". Lawyer Taner Polat said that the soldiers should have been indicted for "full attempt" instead of "unaccomplished attempt". Polat also told: "According to the testimonies of the witnesses, there were persons with snow masks during the incident. Who were these persons? This issue was not mentioned. In addition, there were no sign at the place of incident to warn my client to stop. Thus, the case must have been launched for "full attempt to kill". In addition, it is positive that the two soldiers were arrested, but, on the other hand, the commander who ordered fire must have been arrested, too. Therefore, we will appeal to ECoHR after the interior judicial procedures are completed". (Özgür Gündem)

Soldiers on Trialä On 27 January Gümüshane Heavy Penal Court continued to hear the case against a lieutenant and seven soldiers, charged in Gendarmerie Special Operations branch, on charges of "killing" and "attempt to kill" in connection with the killings of Kenan Çubukçu (34) and Olcay Bayrak (17), and wounding of Selahattin Çubukçu and Ismail Sari nearby Elmaçukur in Sirvan district of Gumushane on 17 September. The hearing was adjourned to a later date for the completion of the deficient documents. (Hürriyet)

Death Fast in the Prisonsä Honorary Board of Turkish Medical Association (TTB), confirmed the decision against Prof. Dr. Nur Birgen, Chair of Forensic Institute 3rd Specialisation Committee, forensic specialists Dr. Oktan Aktürk, Dr. Ömer Can Gökdogan, Dr. Erbil Gözükirmizi, Dr. Esin Öztürk and Dr. Cemal Yalçin Ergezer. Honorary Board of Istanbul Medical Chamber (ITO) had suspended them from profession for a month for giving reports in contradiction with the reality to Bekir Balyemez who was suffering from Wernicke-Korsakoff syndrome. When the lawyers of Balyemez appealed to Istanbul Medical Chamber they stressed the followings: Balyemez was examined on 14 January 2002 and given a report saying that "his sentence should be suspended for six months due to his illness". He was examined on 10 July 2002 and 9 December 2002 and given the same reports. When he was examined on 8 October 2003, after 21 months, he was given a report alleging that "he was recovered". ECoHR decided that Balyemez should not be put in prison until a report concerning his illness is prepared from an independent institution. (Milliyet)
(01/039) Torture in Vanä Erkan Inan, who was detained on 12 January in Ercis, was reportedly kept in detention exceeding the legal limits and was tortured in detention. Lawyer Cemal Demir announced that Inan was kept in detention for 3 days; he was blindfolded and subjected to ill-treatment and torture. Demir added that Inan was examined by a physician when the officers were present and having feared he could not relate what he experienced. Demir said that Inan was taken to the Anti-Terror Department at Van Security Directorate form Ercis and was subjected to psychological pressure. Erkan Inal was arrested on charges of "being member of an illegal organization". (Özgür Gündem)

Juvenile Beaten by the Policeä A.A. (17), who tried to commit suicide on 14 January for being unsatisfactory in school, was reportedly beaten by the police in Dicle University Medical Faculty Hospital. A.A. announced that 2 police officers came for recording his testimony, but he rejected on the grounds that he did not feel good: "Afterwards 2 civilian dressed officers got into the room. One of them asked me whether I was the psycho in Iskenderpasa. I replied I was not good and would not testify. A 1,27 m tall, blonde and civilian dressed officer asked me in an insulting manner to testify. I repeated I did not want to testify for being not good. When I tried to sit up on the stretcher the officer Murat Bagrik hit the stretcher and I fell on the ground while being connected to the machines." A.A. added that one of the officers closed his mouth and the other 2 handcuffed him: "I bite the hand of Murat Bagrik who closed my mouth. When he took his hand of my mouth I screamed. Upon my screaming a physician came into the room and he took the officers out of the room." A.A.'s uncle Abdülkadir Aydin announced that they made an official complaint against the police officers Murat Bagrik, Hakan Gütmen and Gürkan Atay. (Özgür Gündem)

Torture Trialä A court case was launched against the police officers Ilyas Sari, Seyfi Istar and Ruat Çaliskan in connection with beating of Aydin Ay in Carsi Police Station on 28 October 2994. The case would commerce at Trabzon Heavy Penal Court. (Radikal)

Soldiers on Trialä A court case was launched against 2 non-commissioned officers and one private charged at Hasayaz Gendarmerie Station in Kalecik district of Ankara and the headman of Degirmenkaya village Kemal Arslan in connection with the beatings of 2 children in detention. According to the news gathered A. Vurucu (16) and Vurucu (14) living in Degirmenkaya village were detained in October 2004 on allegations of theft. The children were taken to the public prosecutor afterwards and it was found out that they were beaten by the headman and the soldiers. Upon this a court case was launched against headman and the soldiers, the indictment wants the defendants to be sentenced to 8 years' imprisonment. (Milliyet)

Extra-judicial Killingä The investigation started by the experts of the Interior Ministry in connection with the killings of Ahmet Kaymaz and his son Ugur Kaymaz on 21 November 2004 in Kiziltepe district of Mardin was concluded. The experts recommended that the 4 special team members who are on trial at Mardin Penal Court of First Instance No 2 in connection with the incident would be given administrative punishment after the end of the trial. According to the report General Directorate of Security would decide on whether the officers would be appointed, but the experts also recommended it would be better if the officers are appointed in another place. The trial of the officers would commence on 21 February. (Radikal)

Massacre in Prisonä On 26 January, Diyarbakir Heavy Penal Court No 3 continued to hear the case against 1 doctor, 6 prison guards, 36 police officers and 29 soldiers charged in connection with the killings of 10 and injuries of 23 prisoners in Diyarbakir E-type Prison on 24 September 1996. In his summing up the case public prosecutor alleged "the defendants intervened because of necessity and self-defence while they were performing an order but exceeded the limit and caused the death of 10 persons". Public prosecutor wanted 54 defendants, consisting of soldiers and police officers, to be sentenced 8 years' imprisonment according to 452/1 TPC (killing without intent) and decreasing the sentences to 4 years' on the grounds that they did the action under provocative condition. Public prosecutor wanted the two security officials to be acquitted. He also demanded the case against the doctor of the prison Serdar Gök and nine defendants, who are indicted for "misconduct of duty", and six prison official, who are indicted for "killing without intent", to be dropped on the grounds of lapse of time. The lawyer Sezgin Tanrikulu said at the hearing that in the last 9 years 47 hearings had been held and during this period more than 20 judges had been changed. He demanded that the court have to give its final decision on the grounds that all the evidences had been collected. The court adjourned the hearing to 28 February. (Radikal)

Prisons' Operationä On 28 January, Eyüp Penal Court No 3 continued to hear the case of 167 prisoners, 31 of whom were female who had been in Bayrampasa Prison during the "return to life operation" in December 2000. They are charged with an armed uprising during the operation. The court adjourned the hearing for completion of the deficient documents. (Milliyet)

Bomb Attackä Fehim Kurtulmus (25), Erdal Tankis (25) and Hakan Kum (37) were wounded when a bomb exploded on the night of 27 January in front of the bars Twins and Varan's in the entertainment center Regata in Bakirköy district of Istanbul. (Sabah)

Physicians on Trial... On 26 January, Istanbul Penal Court of First Instance No 7 continued to hear the case against 85 persons including executives of Turkish Medical Association (TTB), union for the workers in health sector SES, unions, professional chambers and Patients' and Patients' Relatives' Rights Association (HAYAD) who attended the actions organised by TTB and SES on 5 November 2003. The indictment wants the defendants to be sentenced according to Article 236 TPC for "leaving duty without permission". The court adjourned the hearing for the testimonies of the defendants. (Özgür Gündem)

Demonstration in Ankaraä During the demonstration staged by the groups against the membership of Turkey to EU on 17 January Ankara a quarrel broke out between the demonstrators and the police. The demonstrators gathered in Kurtulus Park and wanted to march to Kizilay Square. The police did not allow them and 198 persons were detained during the incident. During the clashes in the square and on the streets nearby the square many persons were wounded. The detainees Ugur Eyilik, Mert Kavak, Onur Özdemir, Musa Kurt, Hasan Balikçi and Fatih Beygirci were arrested by Ankara Heavy Penal Court No 11 on 21 January. 192 detainees were released. (Evrensel-Milliyet)

Workers Detainedä 20 workers who were fired from ZINTAS chain factory and 2 representatives of the union for the workers in metal sector were detained on 26 January upon complaint of the owner of the company. The workers, representatives on Birlesik Metal-Is Cefa Erdogan and Ugur Tozlu were reportedly detained on the grounds that they were disturbing the motivation of the workers. Seyfettin Gülengül, Secretary of the Anatolian branch of Birlesik Metal-Is, announced that the workers were fired for being meber of the union. He added that they were demanding written reason of the firings. (Sesonline)

Earthquake in Hakkariä A group of persons staged a protest action in front of Hakkari Governorate on 27 January on the grounds that the aids did not arrive the city on time after the earthquake on the night of 25 January. The police intervened the demonstrators. After the intervention the group marched to the AKP offices in Hakkari and broke the windows of the building. The police dispersed the crowd by firing into air, beating and detained 15 persons. Bülent Demir, Maruf Engin and Ömer Balûkesir were arrested on 29 January on charges of "shouting illegal slogans and damaging public property". (Milliyet-Zaman)

Detentions and ArrestsäMahmut Aydin was detained in Mersin on 18 January on the allegations of "being a member of Kongre-Gel". Naif Ö., Zahide Ö., Mehmet K., Erkan I. and Serdar A. were detained in Van on 18 January on the allegations of "being a member of Kongre-Gel". (Radikal-Star)

Clashes and Attacks in Southeastä The privates Ali Atûl, Emin Uyar and the militants of Maoist Communist Party Melahat Yalçin, Yurdanur Özkan, Yilmaz Göç, Umut Çatakçi and Ahmet Küçükbogar died during the clash that broke out on 15 January nearby Sisik village in Mazgirt district of Tunceli. 3 soldiers were wounded during the incident. The private Harun Kahya died and private Erkan Aslan was wounded during the attack against the gendarmerie station in Göllü village in Ömerli district of Mardin on 26 January. During the clash on 28 January nearby Akçay village of Sirnak officer Gökhan Yasartürk died. According to the news appeared on the internet site of the daily Özgür Politika on 29 January Yasartürk was charged in Akçay Gendarmerie Station and was allegedly killed by the village guard with the first name M. Ali from Kasrik town. (Milliyet-Özgür Gündem-Sabah)

January 14, 2005

Death in Prisonä Convict Bilal Çoselav (17) reportedly died in Erzurum E-type Prison on 17 December. Bilal Çoselav's family was informed 13 days later on 30 December 2004 about his death. It was alleged that Çoselav was committed to suicide. His father Bekir Çoselav made an official complaint against the prison guards for killing his son. Bekir Çoselav put that his son did not have any problem that would lead him to commit suicide and alleged that his son was killed by the guards Atilla Ovat and Fuat Yavuz, who quarrelled with his son. (Özgür Gündem)
(01/031) Detentions and Arrestsä Gülsen Salman, distributor of the journal "Ülkemizde Gençlik Gelecektir" and executive member of Association of Fundemental Rights and the Freedoms, and Murat Dogan were detained on 12 January. (Özgür Gündem)

Hezbollah Case ä On 13 January Diyarbakir Heavy Penal Court No. 6 concluded the case against Mehmet Fidanci who allegedly "participated in the attack during when Diyarbakir Security Director Gaffar Okkan and 5 police officers had been killed and killed 14 persons at various times". The court sentenced Fidanci to life imprisonment.  (Milliyet)

IHD Executives on Trial... Public Prosecutor in Diyarbakir launched to cases against IHD Diyarbakir branch Chair Selahattin Demistas and the executives of the branch on the allegations of "organising an unauthorised meeting" in connection with the meeting with 20 students from Stockholm, Upsala and Uerma universities in Sweden on 16 April and with the meeting with members of Middle East Committee of Socialist International on 16 July 2004. The indictments want the defendants to be sentenced according to the Article 43 of Law on Association, which regulates that the associations need permission of the Ministry of Interior relying on the opinion of Ministry of Foreign Affairs and related ministries for international meetings. The case in connection with the visit of the Socialist International would commence on 27 January at Diyarbakir Penal Court of Fist Instance No 4. The case in connection with the visit of the students would commence on 22 March at Diyarbakir Penal Court of Fist Instance No 1. (Özgür Gündem)

Extra-Judicial Execution... On 11 January, Hakkari Heavy Penal Court started to hear the case against the non-commissioned officer Murat Sener in connection with the killing of Fevzi Can nearby Örencik hamlet in Ortaklar village in Semdinli district of Hakkari on 30 November 2004. The court decided to release Murat Sener and adjourned the hearing to 22 March. (Özgür Gündem)

Students on Trial... Public Prosecutor in Istanbul launched a court case against 47 leftist (6 remanded) and 14 rightist students in connection with the incident at Istanbul University in November and December 2004. The rightist students were indicted for "preventing people from entering the buildings" and "resisting the officers". The leftist students were indicted in addition to the previous charges for "damaging public property". Lawyer of the leftist students Olcay Yanar announced that the indictment was based on the minutes of the police officers and public prosecutor did not conduct any investigation concerning the allegations. (Özgür Gündem)

January 10, 2005

Demonstrators on Trialä A court case was launched against 46 persons in connection with the demonstration organised to protest in the draft Law on Execution of Sentences on 7 December 2004 in Ankara by the Socialist Platform of Oppressed (ESP). The indictment alleged that the defendants "were members of MLKP, attacked the security forces and wounded three police officers". The indictment wants the defendants including two correspondents of the newspaper Atilim, to be sentenced according to the Article 2/2 of Anti-Terror Law and Article 168 TPC. The case would commence at Ankara Heavy Penal Court No 11. (Radikal)

Pressures in Prisonsä Mehmet Boz, incarcerated in Bitlis E-type Prison, was reportedly tortured. Mehdi Boz's father Bahattin Boz appealed to the Interior Ministry and announced after having been stripped naked his son was kept standing on snow for one hour. Bahattin Boz also said the followings: "My son had been sentenced to 30 years' imprisonment. He has been in prison for 10 years. He was beaten by the prison administrators and chief guard in Mus E-type Prison. He tortured by being stripped naked and forced to wait on snow for one hour in Bitlis E-type Prison where he was exiled. He was put in a single-cell for three months and banned to receive visitors for one year. When I went to visit him on 29 December 2004 prison administration did not let me to see him. Then I went to Execution Prosecutor in Bitlis. The prosecutor said: 'Yor son is a PKK member, a terrorist. You cannot visit him even if the President comes here'". (Özgür Gündem)

Physician Detainedä Physician Mehmet Arsal Öztürk on charge at public clinic in Hozat district of Tunceli was detained on 6 January on the grounds that he quarrelled with Mehmet Falsa, public prosecutor in Hozat. Mehmet Arsal Öztürk reportedly wanted Mehmet Falsa to get out of the examination room when Falsa entered the room while Öztürk was examining a patient. Afterwards he was detained and sent to Hospital for Mental Diseases in Elazig on 8 January. (Özgür Gündem)

Detentions and Arrestsä HPG militant Sibel Bingöl was detained while she was entering Turkey at Cilvegözü Border Gate in Hatay. Bingöl had been allegedly killed with 20 PKK militants in a clash occurred in May 2001 near Bingöl. However, her relatives could not have identified her in the photos. (Hürriyet-TIHV)

January 7, 2005

Police Officer Arrested... The police officer Erkan Kaymaz (Kaymak), who allegedly beat Alaattin Bozkurt ve Fahri Kazkurt with whom the officer had a dispute on 5 January because of traffic jam, was arrested on 6 January. Allaattin Bozkurt who was hospitalised is still under vital risk. (Hürriyet)

Journalist on Trial... Public Prosecutor in Istanbul launched a court case against Hamdulah Yilmaz, editor-in-chief of the Kurdish paper Azediya Wellat. According to the indictment the news and articles published in the issues 442, 443, 444, 445, 446, 449 and 455 violated the Article 7/2 of Anti-terror Law. The case would commence at Heavy Penal Court. (Özgür Gündem)

Death in Prison... The Kongre-Gel member Seyfettin Çagman, who had been extradited from Iran to Turkey, died on 6 January in Ankara Numune Hospital because of intestine cancer. He had been extradited from Iran to Turkey in January 2004. He had been arrested afterwards and sent to Sincan F-type Prison. He was hospitalised 3months ago. (Özgür Gündem)

Incident at University... Sedat Erol, student at the University of Selcuk in Konya, was attacked by a group of rightist students on 5 January. He was beaten by some 10 persons and was stabbed. He was hospitalised after the incident. Savas Karaca and a person with the first name Kürsad were reportedly detained in connection with the incident. Erol reportedly said that the one who stabbed him was the student Üzeyir Taha Iscam. (Özgür Gündem)

Demonstrators on Trial... On 6 January, Mersin Penal Court of First Instance No 5 continued to hear the case against 9 persons in connection with the petitions for the release of Abdullah Öcalan. The indictment wants the remanded defendants Mevlüt Uçar, Kazim Avci, Süleyman Çakmak, Zümeyra Oguz, Ozan Bekçi, Ali Aktas and Mehmet Eren Teke and released defendants Yunus Asan and Sükrü Sungur to be sentenced according to the Article 312 TPC and for violating the Law on Meetings and Demonstrations. (Özgür Gündem)

January 6, 2005

Extra-Judicial Killing... The demand for the arrest of four police officers in connection with the killing of Ahmet Kaymaz and his son Ugur Kaymaz on 21 November 2004 in Kiziltepe district of Mardin was rejected for the second time. Lawyers Erdal Kuzu and Hüseyin Cangir had appealed to the higher court, Mardin Heavy Penal Court No. 1, upon rejection of arrest by Mardin Heavy Penal Court No. 2. Mardin Heavy Penal Court No. 1 refused the demand on the grounds that "the defendants are civil servants and have a fixed address". Meanwhile, public prosecutor in Diyarbakir reportedly continues the investigation on the summary prepared by the public prosecutor in Kiziltepe on the allegation that "Ahmet Kaymaz's wife Makbule Kaymaz was a member of illegal organization". Public prosecutor in Diyarbakir may launch a case against Kaymaz if s/he sees necessary. (Cumhuriyet)

Prison Operationsä On 7 January Çanakkale Heavy Penal Court No 1 continued to hear the case launched in connection with the prison operations conducted on 19 December 2000, against 154 convicts, incarcerated in Çanakkale E-type Prison and 563 security officials. 15 firemen on charge at Çanakkale Fire Brigade Directorate were heard as witnesses during the hearing. Fireman Necat Yilmaz stated the followings: "I guess it was the last day of the operation. Governor, public prosecutor and the general entered inside and started to walk through the coal cellar. The police officer who was shooting told that there was somebody inside who had gun. At the same time, someone opened a fire from the broken window to outside. There were a group of soldiers where it was opened fire. A soldier was shot and fell down while he was changing his position. Afterwards, it was fired two times again. I had a radio. I made an announcement as: 'We have a martyr". I don't know whether the soldier was shot accidentally or not. After the soldier was killed Governor, public prosecutor and the general jumped in water canal". Lawyer Behiç Asçi claimed that the CD images given them at the last hearing did not reflect the whole operation. Asçi said: "It is understood from the testimonies of the witnesses that the Security Directorate recorded the operation too. We demand the records to be summoned and former Hikmet Sami Türk who was on duty during the operation to be heard as a witness". The demand for hearing Türk as a witness was rejected.  (Milliyet)

Woman Torturedä Kaze Özlü, who has been detained in Adana and tortured before, was arrested with Naciye Yeter on 3 January. Kaze Özlü and Naciye Yeter were reportedly arrested for "providing counterfeit ID for Hakan Bazo". Serif Karakurt, who was detained with Özlü and Yeter, was released. Özlü's son Tevfik Özlü told that civilian dressed police officers entered in their houses in Gülbahçesi quarter on 3 January in the morning hours. He continued as follows: " Police officers alleged that they came upon the order of the public prosecutor. When I asked about the paper they insulted and swear at me. They did not say why they detained my mother. When I wanted to go with my mother on the grounds that she does not know Turkish they rebuked me. Then I called our lawyer and asked him to come. My mother is illiterate and she does not know Turkish, even a word. How could she organize an ID? These allegations are false". Lawyer Beyhan Günyeli Karadeniz attracted attention to the fact that police officers made translations while Kaze Özlü was being testified. Günyeli announced the followings: " I visited Kaze Özlü. I was with her while she was giving her testimony. Kaze stated that she did not know the person called Hakan and she could confront him if they wanted. She said that she was illiterate and was not a director of registry to arrange an ID". Özgür Gündem)

Torture Case... A court case was launched against seven police office officers on the allegation of torturing S.S., A.U, students at Law Faculty of Istanbul University, Y.G., S.T., students at Medical Faculty, Ö.Ö., student at Anadolu University, and C.A., student at the Faculty of Fine Arts of Marmara University, who had been detained in May 2002 in connection with the killing of Yasemin Durgun in March 2001 in Istanbul. The indictment, prepared by the public prosecutor in Fatih, wants seven police officers to be sentenced on the charges of "torturing" and three physicians on charge at Haseki State Hospital for "arranging unreal report". (Sabah)

Persons Threatened by Police... Ali Karaçali and his wife Nazime Karaçali appealed to IHD Van branch on the allegation that they were threatened by the police officers. Ali Karaçali told that his son Iskender Karaçali, student at 100th Year University in Van, had been arrested on 27 December 2004 on the allegation of "aiding illegal organization". He announced that they were threatened by Serdar and Ömer, who alleged that they were on duty in Erzincan Security Directorate. Nazime Karaçali stated the followings: "Before the arrest of my son my daughter had been searched in Erzincan on the allegation of 'aiding and abetting'. Police phoned us on the night that my son was detained. The said, 'Go and see your son in Van, your end will be the same'. They phone us everyday and threaten me and my daughter". Nurcan Aktas, who had been arrested in 1993 for "being a member of PKK" and released in 2002, made an official complaint to the public prosecutor in Van. Aktas stated the followings in her petition: "I was called to Gevas Gendarmerie Station on after I was released. They asked the job I dealt after release on the allegation that they had to ask according to a circular of the Ministry of Justice. I was called to Gevas Security Directorate on 19 August 2004 and taken to the Anti-Terror Department. They asked me if I wanted to go to mountains again for fighting, where I lived, what was my job, if I want to DEHAP, if I had illegal connections. I was kept in detention for one day and then released by the public prosecutor. In the beginning of December, I realized that I was followed. I was followed by many police officers this time. On one evening, when I was going home, a person approached and insisted to meet. I denied his offer." (Özgür Gündem)

Detentions and Arrests... Serdar Kaya, who wanted to give a letter to the Prime Minister Recep Tayyip Erdogan during a meeting in Ankara on 4 January, was detained. Serdar Kaya was arrested on 5 January on the allegation of "being member of radical Islamist organization Hizb-ut Tahrir". N.O. and M.R.A., who were detained on the allegation of "being member of illegal organization", were arrested while E.A. was released to be prosecuted without remand. (Milliyet)

January 3, 2005

Extra-Judicial Execution... The case that was launched against four police officers in connection with the killing of Ahmet Kaymaz and his son Ugur Kaymaz on 21 November 2004 in Kiziltepe district of Mardin will reportedly commence on 12 February at Mardin Heavy Penal Court No. 2. The indictment wants Mehmet Karaca, Yasafettin Açiksöz and Seydi Ahmet Töngel to be sentenced according to the articles 448, 50, 463, 31, 33 TPC for two times on the allegations of "exceeding legal limit of using gun when they are on duty and killing Ahmet and Ugur Kaymaz", and Salih Ayaz to be sentenced according to the articles 448, 50, 463, 33 for "shooting Ahmet Kaymaz's leg although he was dead". Meanwhile, one of the lawyers of Kaymaz family Erdal Kuzu objected the decision of not to prosecute against Vice Director of Mardin Security and six police officers. (Radikal)

Medical Treatment Neglectedä Prisoners' relatives association TAYAD organized a press conference on 4 January at Istanbul Medical Chamber and attracted the attention to the health problems of convicts and prisoners. Followings were put at the press conference: "Orhan Eski, who had face paralysis in Tekirdag F-type Prison was not treated on time. Ufuk Keskin, incarcerated in Kandira F-type Prison, is not provided a diabetes measurement apparatus. Tahsin Akgün was sent to Bayrampasa Prison from Tekirdag F-type Prison before his psychological treatment was completed. Sebahattin Filizoglu was neglected after the operation he had in Kiriklar F-type Prison".   (Cumhuriyet)

Detentions and Arrests... Chairman of DEHAP Central district in Mersin Cafer Simsek, M. Emin Tastan, Mehmet (surname not known) and a woman whose name not known were detained on 3 January. (Star)

Pression sur les médias / Pressure on the Media

Reporters Face Prison Sentences

Serap Kervanci, the documentary cameraman of the Foundation of Science Education Aesthetic Culture Art Research (BEKSAV), Burcu Gumus, Selver Orman, Seda Aktepe, Nuray Kesik, and Ufuk Han of the weekly " Atilim " (Leap) newspaper, and Erin Sedefoglu, the owner and head of the "Dayanisma" (Solidarity) magazine, amomg the forty-six people, who were detained during a demonstration by the Socialist Platform of the Oppressed protesting the draft Penal Execution Law, will stand trial on March 11 at an Ankara court.

The arrested women are jailed at Ulucanlar prison while the men are at the  Sincan F-type prison. The objection to the arrests had been rejected.

The Ankara branch of the Turkish Journalists' Union (TGS), Contemporary Journalists' Association (CGD) and Solidarity Platform of the Arrested Journalists had reacted against the arrests and the police violence shortly after the detentions.

Kervanci, who has been working at BEKSAV for two years, and who previously made an anti-NATO documentary called "Deja-vu," said her camera was broken down during the demonstrations and she was detained. She said she is working on a project about prisons and was in Ankara to tape some images. Sultan Ozer, a reporter for the "Gunluk Evrensel" (Daily Evrensel) newspaper, was beaten up by the police, and applied for legal action.

BEKSAV, the Central Cinema Collective and the Yuz Cicek Acsin (May a Hundred Flowers Bloom) Culture Center, ESP members, actor Yusuf Cetin, director Ahmet Soner, and poet Ruhan Mavruk, organized a press conference and demanded that Serap Kervanci is released. (BIA News Center, Erol Onderoglu, January 31, 2005)

Journalist Arrested in Istanbul

The journalist Cevher Ilhan, who had been convicted in connection with an article claiming that the earthquake of 17 August 1999 had been warning of God published on the daily Yeni Asya, was arrested on 14 January.

He had been sentenced by Istanbul SSC to 25 months' imprisonment for "inciting people to hatred and enmity" under the Article 312 TPC.

He was released by Ankara Heavy Penal Court on 15 January on objection of his lawyer Mehmet Ali Aslan relying on the changes made in the article. (Milliyet-Radikal-TIHV, January 31, 2005)

Theatre Play Banned in Selcuk

The Governorate of Selçuk district of Izmir did not allow Efes Theatre Group to stage the play "Babalar (Fathers)" based on the poems of Can Yücel. The decision was based on that the play might lead to difference of opinion. (Evrensel-TIHV, January 31, 2005)

Ankara condamnée par la CEDH pour violation de la liberté d'expression

La Cour européenne des droits de l'homme (CEDH) a condamné mardi la Turquie pour avoir infligé des amendes avec sursis à six hommes au seul motif qu'ils avaient lu en public une déclaration syndicale critiquant l'admnistration.

En 1996, les six requérants, âgés aujourd'hui de 32 à 43 ans, avaient été condamnés avec d'autres co-accusés à trois mois d'emprisonnement, peine convertie ensuite à une amende avec sursis, pour avoir donné lecture publique, devant un lycée d'Izmir en juin 1995, d'une déclaration syndicale dénonçant les mauvais traitements auxquels avaient été soumis certains élèves de cet établissement.

Les participants à cette manifestation avaient été poursuivis pour avoir omis de déposer au parquet le texte de leur "déclaration de presse" avant d'en faire publiquement la lecture, comme les y contraignait une loi turque sur les "tracts" et "déclarations écrites" émis par les associations.

Les juges de la CEDH relèvent que la Convention européennes des droits de l'Homme "n'interdit pas en elle-même toute restriction préalable à une forme de communication", mais observe que la lecture publique d'un texte ne figurait pas explicitement parmi les actes répertoriés dans la loi comme devant faire l'objet d'une telle déclaration préalable.

En conséquence, la Cour européenne a condamné à l'unanimité Ankara pour violation de la liberté d'expression des requérants. Chacun d'eux recevra 1.000 euros pour dommage moral.

Ankara condamnée également pour traitements inhumains et dégradants en garde à vue

La Cour européenne des Droits de l'Homme de Strasbourg a condamné mardi la Turquie pour des traitements inhumains ou dégradants infligés en 1996 à un homme placé en garde à vue.

Les juges des droits de l'homme ont par ailleurs estimé que la victime n'avait pas pu bénéficier de son droit à un recours effectif suite à ces mauvais traitements et ont condamné les autorités d'Ankara à lui verser 10.000 euros pour dommage moral et 3.000 euros pour frais et dépens.

Soupçonné de vol de voiture, Hüseyin Sunal, âgé de 29 ans au moment des faits, avait été arrêté dans la soirée du 1er avril 1996 et placé en garde à vue. Il affirme avoir reçu des coups sur la tête, le visage et le corps et avoir subi des électrocutions sur différentes parties du corps, y compris la langue.

Le gouvernement turc soutient quant à lui qu'il était alors sous l'emprise de l'alcool et de drogue et se serait blessé lui-même.

Vers une heure du matin, M. Sunal fut conduit à l'hôpital. Un médecin constata la présence d'une plaie sur la région pariétale, des hématomes sur la partie gauche des lèvres et de multiples ecchymoses et lésions sur le dos et à l'épaule gauche.

Remis en liberté le 2 avril sans que des poursuites pénales soient engagées contre lui, M. Suna porta immédiatement plainte pour mauvais traitements contre les policiers responsables de sa garde à vue. Le même jour, à la demande du parquet, le requérant fut examiné par un médecin qui constata la présence de nombreuses plaies et hématomes. Une biopsie de la langue devait révéler "une lésion consécutive à une brûlure d'électrocution sur la langue".

Aucune poursuite n'a cependant été ensuite engagée à l'encontre des policiers. (AFP, 25 janvier 2005)

Zarakolu and Baskaya to face hearings on 2 March 2005

International PEN is concerned that writers continue to be tried in direct denial of their right to freedom of expression despite recent changes to Turkish laws. Two of Turkey's most noted dissident writers, Fikret Baskaya and Ragip Zarakolu, will be appearing in separate courts on 2 March 2005. International PEN will be sending observers to these trials.

The trials of Turkish writer and academic Baskaya and publisher Zarakolu will continue on 2 March in Ankara and Istanbul, respectively. Baskaya is charged with "insult to the state, state institutions and the military" under Article 159/1 of the Turkish Penal Code. If convicted he faces a maximum jail sentence of three years. Zarakolu is charged with "incitement to racial hatred" under Article 312 of the Penal Code for publishing a book critical of Turkish policy on Kurdish issues. If convicted he faces a jail sentence of up to two years.

Baskaya is an eminent academic and writer, and an honorary member of English and Swiss-German PEN. The charges against him relate to two articles written by Baskaya and published as part of a collection entitled, "Articles against the Tide". The articles were previously published in the early 1990s; one suggested that the Turkish government had approved an arson attack in the town of Sivas in which 38 people died, the other was a critique of the economic policy of Turkey's 1980 military regime.

This is not the first time that Baskaya has faced court action brought by the Turkish authorities. From March 1994 to July 1995, he was imprisoned for his book, "The Bankruptcy of the Paradigm", under Article 8 of the Turkish Anti-Terror Law. In 2001, he was sentenced to 16 months in prison for an article deemed "separatist propaganda" (see IFEX alerts of 24 July, 7 June, 29 March and 6 February 2002, 27 August and 11 June 2001).

Zarakolu, owner and director of Belge Publishing House, is facing trial for an article he published in "Ozgur Politka" in March 2003. The article, entitled "Sana Ne" ("Of No Interest"), criticised Turkey's policy towards the Kurds.

Zarakolu, an honorary member of several PEN Centres, has faced a string of indictments dating back to the early 1970s under Turkey's censorship laws. The indictments have resulted in numerous fines and jail terms for both Zarakolu and his late wife Ayse Nur (see IFEX alerts of 1 March 2002, 7 and 4 July 1997). In 1995, the Belge Publishing House offices were firebombed by an extremist right wing group.

RECOMMENDED ACTION:

Send appeals to authorities:
- calling for the cases against Baskaya and Zarakolu to be dropped, and an end to further such judicial proceedings
- expressing concern that the trials are in breach of international standards that guarantee freedom of expression, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the European Convention on Human Rights, to which Turkey is a signatory
- emphasising that the government cannot be seen to undermine judicial independence

APPEALS TO:

Prime Minister Racep Tayyip Erdogan
TC Easbakanlik
Ankara, Turkey
Fax: +90 312 417 0476

Cemil Cicek
Minister of Justice
TC Adalet Bakanligi
Ankara, Turkey
Fax: +90 312 417 3954
(WiPC/IFEX, January 25, 2005)

Besikçi and Zarakolu honorary members of the Kurdish PEN

The Kurdish PEN Centre being an internationally recognised body supporting Kurdish literary and linguistic rights named two outstanding Turkish intellectuals, Ismail Besikci and Ragip Zarakolu, its honorary members.

The Secretary of the Kurdish PEN, Dr. Zorab Aloian, said:

"Ismail Besikçi's persistent support of the rights of the Kurds and his numerous scholarly works revealing the need to modernise and democratise the Kurdish society cost him years of imprisonment in Turkey.

"Ismail Besikçi's academic approach and personal courage are characteristics of the open-minded and free intellectuals who are able to inspire minds and hearts. He enjoys therefore a high respect amongst the Kurds and their friends.

"The Kurdish PEN Centre wishes to encourage further translations of Ismail Besikçi's books into Kurdish as well as other languages to make his research finding widely available.

"The Kurdish PEN Centre reflects its appreciation of Ragip Zarakolu's courageous support of the rights of the Kurdish people and points out its disapproval of numerous trials against him as a writer and publisher.

"We share Ragip Zarakolu's view that Armenian, Greek, Jewish, Kurdish, Turkish and other regional languages and literatures are equally valuable for the mankind. In terms of cultural life there is no and shall be no hierarchy - only diversity. Acting as a real promoter of the Kurdish literature, Ragip Zarakolu's publishing house publishes books both about the Kurds and in Kurdish." (Navenda PENa Kurd, January 20, 2005)

Zarakolu Gets "Freedom of Expression" Award

This year, the "Freedom of Expression" Award was granted to writer and publisher Ragip Zarakolu. The Norwegian Writers' Association (Den norske Forfatterforening) and Norwegian Culture Ministry, each year, grants the award to a writer for outstanding work for freedom of expression.

"Terrorism laws haven't been on the agenda in Scandinavia," said Eugene Schoulgin, a board member of the International PEN, as he handed the award to Zarakolu at a ceremony in Istanbul. "We were lazy, but lucky too. We were shocked to see the efforts being spent here.Memory and criticism are a whole. A community should develop both. It is important for the people in Scandinavia to come to Turkey and observe the improvements of the last 10 years."

Geir Pollen, head of the Norwegian Writers' Union, said "Zarakolu is not only a person who devoted himself to ancient and modern literature, but also to the protection of minority cultures and historical memory, which is very easy to destroy."

During their speeches, Cetin Tuzuner, the head of the Publishers' Union and Ustun Akman, the head of PEN Turkey, underlined the importance of freedom of thought and expression for a community.

Zarakolu: Chronic "criminal of thought"

The Norwegian Writers' Association referred to Zarakolu as the chronic "criminal of thought," and provided some information on his life:

Ragip Zarakolu was born in Buyukada on 1948. He graduated from the Kabatas High School and then the Economy School at Istanbul University. His Doctorate degree was interrupted twice. First, because of the military coup in 1971, and second, when his teacher Tutengil was murdered in 1979.

He began writing for the Ant [published by Dogan and Inci Ozguden] and Yeni Ufuklar magazines in 1968. Following the 1971 military coup, he became one of the defendants in the intellectuals' case opened because of the first Turkey campaign on the freedom of thought by Amnesty International.

In 1972, he was sentenced to two years in prison for his article titled, "Ho Chi Hinh and the Vietnam War." He benefited from an amnesty law and got released in 1974. He set up the "Belge Yayinlari" publishing house in 1977 with his wife Ayse Nur Zarakolu.

He was one of the founders and managers of the Demokrat newspaper established in 1979 by 36 intellectuals. He remained under arrest for a while in 1982 because of this newspaper.

He was banned from travelling outside the country between 1971 and 1991. He began publishing the "What's Happening in the World?" (L'état du Monde) periodicals after the 1980 military coup.

In 1982, he founded "Alan Yayinlari" publishing house. He served as editor in theoretical magazines such as "Problems of the World - Problems of Turkey," and "Second Thesis." He wrote for a number of social sciences encyclopaedias. He was one of the founders of the Human Rights Association in 1986. He is also one of the founders of the History Foundation.

Since 1991, he's been writing for the Kurdish media. He spent efforts for freedom of expression, for the acceptance of the Armenian tragedy, and respect for minority rights. He has taken action against anti-Semitism. He participated in tens of local and international conferences.

In his series called, "Marenostrum," in 1999, he extensively talked about the Greek literature and received the Turkish-Greek Peace and Friendship Award by the Abdi Ipekci Committee in Greece.

He received the "Novib Freedom of Thought Award" by the Netherlands PEN Writers' Club in 2003.

He always supported his wife Ayse Nur Zarakolu, who spent outstanding effort for the freedom of thought and citizens' rights during the years 1980-2002, which were the darkest years in terms of human rights. She was jailed four times and stood tens of trials because of her publications and work on human rights.

Ayse Nur Zarakolu was recalled to court by prosecutors even after her death, for publishing a book called, "Freedom Song."

Zarakolu will stand trial on March 2, 2005 in an Istanbul court for his article titled, "None of Your Business," published in the Ozgur Gundem (Free Agenda) newspaper.

He also faces trials for publishing the books, "Reality will Set us Free," by George Jerjian, and "Lost Villages," by Zulkuf Kisanak.

Zarakolu dedicates his award to Info-Türk editors

After receiving his "Freedom of Expression" Award, Ragip Zarakolu said that there still are obstacles in front of publishing in Turkey. "We need a change of mentality in the legal system," said Zarakolu. "Universal basic rights and international agreements should form the basis of this change."

"I am dedicating this award to Dogan Ozguden and Inci Ozguden (Tugsavul)," said Zarakolu. "They should have their citizenship back." He added that the arrest warrant issued against Dogan Ozguden should be cancelled.

He also asked that the imprisoned journalists Memik Horuz, Hatice Duman, Gulizar Kesici, Ersin Sedefoglu, Erol Zavar and Kemal Evcimen be released.

Zarakolu also talked about the problems of the "Gunluk Evrensel" (Daily Evrensel) and "Birgun" (One Day) newspapers. (BIA, January 18, 2005)

BIA2 Media Report: New Penal Code increases pressures

The Media Monitoring Desk of the "Establishing a Countrywide Network in Turkey for Monitoring and Covering Media Freedom and Independent Journalism" (BIA2) project, which has released three quarterly Media Monitoring Reports in 2004, is worried that the new Turkish Penal Code (TCK) will lead to an increase in the variety of limitations on press freedom, and cause them to be more widespread. The concern is referred to in BIA2's 2004 annual report.

The heavy fines brought about by both laws could lead to the closing down of especially a considerable number of local media organizations, which strive to survive with very limited resources.

Army not in RTUK anymore, but it still exists in courts

One of the important developments in 2004 was the lifting of the "army's influence" on Radio and Television Higher Board (RTUK).

President Ahmet Necdet Sezer approved the law, which annulled the authority of the General Secretariat of the National Security Council (MGK) to propose members for RTUK. With this amendment, the number of board members fell to eight from nine.

Even though the legal authority of the army has been reduced, a military prosecutor could appeal the case of Abdurrahman Dilipak, accused of "damaging senior-junior relations.''

Despite the EU...

In the same year that Turkey got a date from the European Union to begin membership negotiations, journalists continued to be beaten, detained and sued. Those responsible remained unpunished. RTUK continued to suspend television and radio broadcasts.

The 32-page report provides a detailed account of 115 cases and the conditions of 222 journalists, under the topics: "attacks and threats," "detentions and arrests," "trials and attempts," "European Court of Human Rights," "RTUK practices," "regulations and seeking rights," and "censorship and reactions."

RTUK is expecting applications for Kurdish broadcasts

Local and regional media organizations are still unable to air programs in different languages one year after a regulation was passed to allow national private and state media organizations to air programs in "languages and dialects other than Turkish." "Soz TV" (Word TV) and "Gun TV" (Day TV) in Diyarbakir, and "Cagri FM" (Call FM) from Batman still await permission.

Broadcasts in the Bosnian language, Kirmanchi and Zaza dialects of Kurdish, Arabic and Circassian began on June 7 and still continue on Turkish Radio and Television channels. There has been no response to demands for broadcasts in the Laz dialect.

The media organizations, which delayed transferring money in advertisement shares, were ordered off the air while the Allocation of Frequencies, which was specified as the main post of RTUK when it was established in 1994, is still on the wait.

The Constitutional Court ruled that the article granting "quotas to political parties in parliament in the election of RTUK members," and the article on the "50 percent capital share in television and radio stations with an annual rating of over 20 percent" of law no: 4756 on the establishment and operation of radio and televisions, are against the Constitution. The government is expected to make the necessary changes to the articles.

38 cases were launched against media organizations; fines exceeded 1 trillion liras

According to the BIA2 Report, which talks about 115 cases, media organizations were charged with violating the Turkish Penal Code on 38 occasions, the Media Law on 20 occasions, and the Anti-Terrorism Law on seven occasions.

Of a total of 13 cases based on article 159 of the TCK, three resulted in penalties. Of the eight cases based on article 312/2 of TCK, two resulted in penalties and one resulted in an acquittal.

Courts handed a total fine of 1 trillion Turkish liras (1 million new Turkish liras; USD 714,000) to 11 newspapers. Nine of them were local newspapers. Local television and radio stations were handed a total fine of 31 billion liras (31,000 new liras; USD 22,000).

Journalist Mehmet Ali Birand was sued for interviewing the lawyers of the imprisoned Kurdish rebel leader Abdullah Ocalan for his program called "32. Gun" (32th Day) on the private CNN Turk channel. He was charged with "aiding the Kongra-Gel organization." Journalist Savas Ay of "Sabah" newspaper was sued for "insulting the judiciary.

Detentions, beatings and threats continued; those responsible remain unpunished

Reporter Sebati Karakurt of "Hurriyet" newspaper was detained on October 15 for interviewing the officials of the Kongra-Gel organization on the Kandil Mountains. The prosecutor released him after one day. There were a total of 53 detentions similar to this one in 2004.

The BIA2 report also shows that there is no improvement in cases opened by journalists who were attacked, detained or threatened by police officers, paramilitary police, or security forces.

There was no outcome in the complaint about nine journalists who were beaten up by civilian police in Diyarbakir, while covering the March 28 elections. Some of those journalists had to be hospitalized.

A total of 20 journalists and two media organizations were attacked in 2004. Reporter Hakki Cat of the "Mersin" newspaper, who was covering the "Free Citizens' Movement" demonstration, reporter Gokce Uygun from the "Cumhuriyet newspaper" who was covering the KESK demonstration in Istanbul, and reporter Sultan Ozer from the "Gunluk Evrensel" (Daily Evrensel) newspaper, who was covering the demonstration by the Socialist Platform of the Oppressed, were attacked by the police.

Two media organizations and seven reporters were threatened by either relatives of deputies, police or figures in the private sector. Dim Media Center building of the "Yeni Alanya" newspaper was attacked by unknown assailants.

In 2004, 12 reporters were imprisoned. Eight reporters, three of whom were imprisoned, were released.

Memik Horuz, the manager of the "Isci Koylu" (Laborer Villager) newspaper, and Yasar Camyar, the former editor-in-chief of the "Alinterimiz" (Our Efforts) newspaper are still in prison.

Eight other reporters are imprisoned pending the outcome of their trial. They are charged with either "membership in an illegal organization," or "aiding and abetting an illegal organization."

Never ending "Kurdish" penalties to local media

Excluding the months April-June, RTUK ordered 12 local media organizations off the air for a total of 360 days for "disseminating separatist propaganda" and "inciting hatred and enmity."

It asked for defenses from six media organizations, four of which were local, for "disseminating separatist propaganda," and 14 media organizations, 13 of which were local, for "inciting enmity."

Kurdish programs and songs were still reasons to suspend broadcasts. Gun TV in Diyarbakir was punished for broadcasting live the Kurdish conversations at the "Discussing Local Administrations" symposium, and airing Kurdish songs. "Can TV" (Life TV) was punished for airing Kurdish songs.

Radio and television stations were ordered off the air for 360 days, 44 programs were suspended and 242 warnings were sent out.

Forty-four programs on 37 TV channels or radio stations were suspended for violating the fourth article of Law No: 3984 on Radio and Television Institutions and Broadcasts. A total of 242 warnings were sent out to local and national media organizations, and defenses were asked for on 69 occasions.

A total of 16 programs were suspended on 15 national television channels, on grounds of "having a negative effect on children." Forty-eight media organizations, five of which were local, were warned, and 27 national television stations were asked to make a defense.

Turkey convicted by the ECHR in three cases

The European Court of Human Rigths convicted Turkey for violating the freedom of expression in cases opened by Cemil Elden, Zubeyir Ozkaya, Medeni Ayhan, Zeynel Baran, Mehmet Hatip Dicle, Ozkan Kalin, Esref Odabasi, Recep Marasli, Veysi Varli, Huseyin Bora, Mehmet Tekin, Sadik Yasar, Hanifi Yildirim, Zulkuf Aydin, Ertugrul Kurkcu and Ragip Zarakolu who were all convicted because of either their books or speeches. The case brought against Turkey by Haluk Gerger was settled.

ECHR handed a fine of 15,000 euros to Turkey in the case about the murder of newspaper distributor Irfan Agdas. The court is evaluating the cases of Dogan Dogan, the manager of the "Korfezin Sesi" (The Voice of Gulf) newspaper published in Edremit who was detained, and journalist Sinan Kara, who was arrested.  (BIA News Center, Erol Onderoglu, January 18, 2005)

Journalists' statement for rights and against pressures

The final statement of the 2nd Turkish Journalists' Conference, organized by the Turkish Journalists' Society (TGC) and Communications Research Association (ILAD), called on journalists to embrace their jobs and ethical values.

The statement included a number of proposals aimed at opening the way for a democratic and independent media. It also said that the media shouldn't be used by some with the aim of achieving other goals.

The statement called on authorities to protect the Turkish media from the 10 major capital groups, which control the communications tools in the world, and which want to have authority over the Turkish media sector.

During his speech at the conference, Aidan White, the Secretary-General of the Federation of International Journalists (FIJ), proposed that the Turkish media contributes to dialogue between the Western and Arab media. His proposal was included in the final statement.

The statement said, "the Turkish media would spend efforts to provide a discussion platform and other opportunities for dialogue between the Arab and European media, with the aim of contributing to international peace."

Four sessions were held during the conference organized under the title, "Making Democratic, Independent and Respectful Media a Reality." The participants demanded that the allocation of radio and television frequencies are done without delay, that the local media is strengthened, and that local officials are disheartened from pressuring journalists or taking arbitrary actions.

"Restrictive Laws and Heavy Penalties Should be Lifted"

The statement also drew attention to the fact that there are discrepancies and contradictions between the country's legal system and the laws on communication. It called on authorities to overcome those contradictions and to annul articles in the Constitution, Media Law, Turkish Penal Code, and other laws, which limit people's right to access information and press freedom.

The participants also called on authorities to lift the "heavy fines, which threaten press freedom and the existence of media organizations." "The ownership structure of the media limits efforts to correctly inform the public," they added. The declaration also called on the Radio and Television Higher Board (RTUK) to be restructured to become more democratic.

"Media owners and employees should be informed about European Union rules," said the statement.

"212 should be fully implemented, restrictions on unions should be lifted"

The following are other proposals listed in the conference's final statement:

* Under law no: 212, journalists should be employed as thought laborers. The restrictions on forming unions should be lifted. The rights guaranteed by this law should fully be put into use.

* The business of reporting should be revived to again be a respectful job as it was before. The working conditions of reporters should be improved and their rights should be protected.

* The infrastructure of the country's Communications Faculties should be improved and they should be enabled to provide higher quality education.

* Attention should be paid to the correct usage of Turkish in media. Media workers should refrain from using foreign words as much as possible.

"Legal Obstacles in Front of the Media," "Media-Politics Relationship and the Media's Ownership Structure," "Problems of Media Employees," and "Education and Employment Policies in the Media Sector," were the main issues addressed during the conference held on January 10-12 at the Galatasaray University. (BIA News Center, Erol Onderoglu, January 18, 2005)

New Rules Threaten Journlists' Right To Organise

The International Federation of Journalists and its regional group the European Federation of Journalists is backing a campaign by Turkish journalists to combat changes that could see the disappearance of Turkey's independent trade union for newsroom staff.

"Despite all the promises Turkey has made to Europe there are unpleasant changes on the way that could damage press freedom and outlaw the right of journalists to organise," said Aidan White, General Secretary of the IFJ and EFJ.

White met with Turkish journalists' leaders in Istanbul this week at a meeting on democracy and media where a series of legal and academic experts also criticised recent changes in the Turkish Penal Code that put further pressure on journalism and press freedom. Ercan Ipekçi, General Secretary of the Journalists' Union of Turkey (TGS), one of the IFJ's two affiliates in Turkey, said that government plans to encourage the creation of unions which cover whole sectors of the industry could lead to the extinction of an independent, autonomous trade union organisation for journalists. He said that the TGS had launched a campaign to fight for press freedom and for the right to maintain an independent organisation for journalists.

The union has begun a campaign to ensure ''Press Freedom and to Say No to Censorship'' and also published a "Declaration on Press Freedom". Ipekci explained that within the framework of the campaign, letters would be mailed to government officials and walk-outs would be organised.

"It is absolutely vital that journalists maintain the right to organise," said White. "If these changes go through it will create a situation where Turkey is the only country in the region where journalists cannot organise freely as trade unionists. It would be a scandalous infringement of their rights."

During the meeting, organised with the support of the Turkish Progressive Journalists Association, the IFJ's other Turkish affiliate, White called on Turkish media professionals to play a bridging role in promoting dialogue between journalists of the Middle East and Europe over current press freedom challenges. He particularly called for action to combat growing intolerance and racism in Europe which he said was "nurtured and encouraged by unscrupulous and racist politicians" who use the media to further intolerance between Muslim groups and other communities in Europe.

This issue will form part of a debate being organised by the IFJ/EFJ in Spain in April this year, which will focus specifically on media, journalism and terrorism. (IFEX/IFJ, January 15, 2005)
 

Journalists, Most Educated and Unorganized

It was 1989 when I became a student at the Press and Broadcast Higher School (BYYO), which is now known as the Communications Faculty.

I should tell you that my relations with the media didn't go beyond reading newspapers until I found out the result of my university entrance examination.

You didn't qualify for law, how about BYYO?

I had never considered becoming a journalist. I wanted to become a lawyer, but I was one of those students who found themselves at the BYYO, although they wanted to study something else.

In 1991, during my sophomore year, I was an intern at the daily Milliyet newspaper, which had the phrase, "people's newspaper" printed below its logo.

I was exhilarated to join my senior journalist brothers and sisters. I wasn't being paid but that was okay. I was telling myself that I had to do this as a media student. I believed that people would be more qualified in the field they studied. (Is that so?)

This consolation helped me get over the psychological difficulties of not being paid, but solving my financial problems was much harder and tiring.

To earn my living, I would either pack shirts and t-shirts at textiles factories until sunrise, or work as a porter.

With the help of two of my colleagues, I was able to deal with news stories and photographs on my own within a couple of months.

I was very depressed when I got fired from Milliyet newspaper after 11 months of free service to them. And they also made me sign a document saying Milliyet didn't owe me any money.

I was now an "intern" journalist, who could one way or another write news stories and take photographs. I had been detained a couple of times while doing my internship and had experienced truncheons and kicks of police officers.

Moreover, I just couldn't imagine why I had been fired although I wasn't being paid. I found out later that my offense was unforgivable. I had been "crossing legs and smoking" around my chief.

Was there a more "honorable" job?

"You still have time. At least you can find yourself a good and honorable job," advised one of my colleagues at Milliyet as we said goodbye to each other. I couldn't understand why on earth he would say that. I also got angry at him for that advice.

I was determined to become a journalist and I would never in the future advise an intern to "go get a better and more honorable job." How could there be a better and more honorable job than journalism? Moreover, if I hadn't become a journalist, I wouldn't have found out:

* About people's freedom to get saucepans and pans, not information; about covering demonstrations by laborers demanding unionist rights as a journalist who didn't have a trade union to belong to;

* About waiting for my turn quite like the priest in Brecht's striking poem as one of my colleagues periodically got fired;

* That "Ethical" and "honorable" and "honest" journalism is an agitative utopia; that with the endless internships and minimal pay increases, we could only work with an outcast status although it said "journalist" on our business cards;

* That some people "had to" get paid tens of thousands of U.S. dollars when we worked 60 hours and six days a week without getting what we deserved;

* That it is only on paper that journalists are bound by law no: 212;

* That in our country, the state hands a certificate to sex workers, and a yellow card to journalists although it doesn't pay their wages;

* That there are police reporters who join police officers in torture sessions, entertainment reporters who write articles for money, economy reporters who make up speculations in the stock market, sports reporters who act like a press spokesman of the soccer club they cover, columnists who follow up the business contracts of their bosses...;

* That some writers are fired because their opinions published in their columns disturb certain people, that none of the other journalists or journalistic organizations stand by those writers, and that some columnists use their columns only to get rich;

* That those in uniforms may decide who is to work in which newspaper;

* That a "courageous" businessmen notorious for dirty businesses can swiftly enter the media sector and then quit it with the same speed; and that the managers of the newspaper he bought could applause him as well as their former boss when he returns;

* That not only the outcast, but managers and writers could also be fired one day;

* That these managers and writers, who always remain silent as the outcast is being fired, can go crazy when they are treated the same;

* That a senior official at a newspaper can say, "That newspaper belongs to the PKK. The reporter has got to be like that too anyway," when he hears that reporter Metin Goktepe of the Evrensel newspaper was beaten up to death by the police;

* And that a war, which would cost the lives of many, could be promoted just for a couple of bucks.

It is possible to add lots more to this list. In short, the media sector is quite like the sound of drums - nice, but only from far away.

One doesn't need to be too close either to realize that the rhythm is wrong and noise, not music is coming out of it. This is why newspaper sales remain at 3.4-4 million for years now.

And we are the main reason that the media sector is far from being ethical and editorially independent and lacks the identity of being on the people's side.

Us, the unorganized journalists, who remain at the lowest level of the pyramid, believe that we are doing journalism, while what we are indeed doing is just acting like journalists.

So, what are these unorganized journalists doing? I bet journalism is the one and only job in this country, which has such a high proportion of educated employees but the least number of organizations to protect the rights of those employees.

Graduating from a university doesn't increase the quality of training or a person, of course. But if these people are journalists, people have the right to expect certain things of them.

Journalists are aware of their problems but they don't raise their voices, they don't act together to create solutions for their problems. They prefer gatherings during which they can just gossip.

But whenever there's and increase in unemployment in the sector, the journalists then remembe