INFO-TURK N°348

Droits de l'Homme / Human Rights

Peace activists to gather for preservation of Anatolian mosaic

Peace activists, human right defenders and intellectuals are meeting on Sept. 1 for "Turkey Peace Assembly," a platform aimed at keeping peace on Turkey's agenda and is a culmination of the conference "Turkey Searching for its Peace" which took place in January. The conference was a call on all individuals and institutions to demonstrate a sound determination for the realization of peace as well as the prevention of every kind of conflict and war both in Turkey, the Middle East and the world in general, regardless of political views.

Members of this initiative consider civilian participation particularly important in a country like Turkey where the Kurdish issue remains a barrier to the realization of peace, and where nationalism is on the rise and militarist government policies restrict civil life. They also criticize the government's policies on tackling the Kurdish problem, which has been affecting Turkey for almost 30 years.

Former Human Rights Association (IHD) chairman, Yusuf Alataş, who is also a part of this initiative, thinks that besides some other factors, the Kurdish issue stands before Turkey as a barrier in the realization of social peace. "The Kurdish problem requires a stronger and state-oriented solution. This problem has been on Turkey's agenda for almost 25-30 years and reveals that there is something wrong in the implemented policies," he said. "It is not solely the problem of the pro-Kurdish Democratic Society Party (DTP), nor the Kurdish people themselves. It is the problem of all and all should play a role in solving the problem."

Alatas said they created this platform to highlight peace-related issues on Turkey's agenda and raise public awareness on peace via the media.

"Project for living together"

Nevertheless, Alatas said it is not only the responsibility of civil society but also the government's duty to find a solution to the issues preventing the full realization of peace in the country.

Yavuz Önen, head of the Turkey Human Rights Foundation (TİHV), said peace was the primary item on their agenda. "What we are trying to do is just give a voice and scream for peace rather than finding a solution to the issues requiring conciliation and peace," he said adding that the assembly will identify its own agenda and that there was regional representation in the assembly. "It will be independent, impartial and free. Naming the issues deepens the problems and makes it harder to find a solution to them. We will thus advocate regional and universal peace and highlight peace in the country's agenda."

The DTP's deputy Akın Birdal who is also involved with the platform said the establishment of the assembly was the culmination of a one-and-a-half year long effort but was a late attempt as Hrant Dink, the Armenian newspaper editor, was killed just five days after the "Turkey Searching its Peace" conference took place. "Our project is a 'project for living together.' We aim at finding a democratic and peaceful solution to the Kurdish issue. Now, the DTP will also play a crucial role in this sense because a response was created to the problem with its representation in Parliament. A collective solution will be easier this way."

Academic Baskın Oran meanwhile said that the representation of the DTP in Parliament was quite an important and positive development both for Turkey and the Kurdish people because, he says, those who cannot enter Parliament seek a solution on the mountains. He is thus hopeful that a peaceful solution is likely to be reached in the upcoming period. "However, it is important in terms of the DTP whether the solution to the Kurdish problem will be peaceful or violent. Further, the attitude of the other side on the issue will also be determining." (Turkish Daily News, August 31, 2007)

New Constitution Must Be Pluralist

The antidemocratic provisions of the Turkish Constitution of 1982, a document designed after the military coup of Sept. 12, 1980, were still in place despite 13 amendments. Prime Minister Recep Tayyip Erdoğan instructed that a commission consisting of AK Party deputies be established and also requested jurists specializing in constitutional law and nongovernmental organizations conduct similar work.

The constitutional drafting work undertaken by the AK Party is being carried out by such deputies as İstanbul deputy Ertuğrul Günay, Professor Zafer Üskül, Ahmet İyimaya and Ayşenur Bahçekapılı as well as former Justice Minister Cemil Çiçek, former parliamentary Constitutional Commission Chairman Burhan Kuzu, parliamentary group chairman Bekir Bozdağ and Deputy Chairman Dengir Mir Mehmet Fırat.

The 50-article draft constitutional amendment package prepared by Kuzu in the 22nd term of Parliament had become null and void since the main opposition Republican People's Party (CHP) refused to send members to the Constitutional Consensus Commission in Parliament. The CHP had stipulated that immunity of deputies and ministers be removed in exchange for its support of constitutional amendment, therefore the commission could not be established. The first text that served as a reference for the senior AK Party management was Kuzu's text, and Üskül is also known to have done similar work. Additionally the AK Party is examining a study of civilian constitutions conducted by the late Professor Bülent Tanör, a specialist in constitutional law.

While this party-sponsored work is ongoing, Erdoğan also requested that progress made outside Parliament be taken into consideration. Professors of constitutional law Ergün Özbudun, Mustafa Erdoğan, Zühtü Arslan, Levent Köker, Mehmet Turan and Hayati Hazır and former Supreme Court of Appeals Chairman Sami Selçuk have been asked to examine the constitutional amendment.

It is Erdoğan's plan to gather various pieces of work into a coherent and joint text in Parliament. Four constitutional documents prepared by Özbudun, Kuzu, Üskül and Tanör have still not still merged into a single text. These four texts will be assessed by the senior AK Party executives and a fifth will be produced.

However, this will not be the final product as all will be discussed in Constitution Drafting Commission to be set up in Parliament. When this commission starts work, it will request contributions from all parties whether they are represented in Parliament or not. Moreover, representatives of nongovernmental organizations will also be invited to this commission. After working on alternative texts for about two months, the commission will prepare a preliminary document to be released publicly for further discussion.

Reactions from the left-wing parties

Parties of the left have reacted to announcements that the AKP has completed a draft of a new, "civil" constitution: All strata of society need to be considered and consulted. Otherwise, this will not be a democratic constitution.

According to newspaper reports, the ruling Justice and Development Party (AKP) has prepared the draft for a "civil constitution" to replace the one created by the military junta of 1982. The draft, presented to Prime Minister Erdogan, reduces the powers of the president and redefines sovereignty and citizenship.

Parties of the left have listed the requirements of a constitution and have expressed their discomfort at the fact that the AKP is preparing a constitution by itself.

Levent Tüzel, chairperson of the Labour Party (EMEP), Aydemir Güler, chairperson of the Turkey Communist Party (TKP), Ufuk Uras, MP for the Freedom and Solidarity Party (ÖDP), and Nurettin Demirtas, co-chair of the Democratic Society Party (DTP) spoke to bianet. Their main concern was "democracy".

Facing up to and breaking with 12 September

Tüzel: The 1982 constitution is a coup constitution. It is a constitution which rejects the right to life, human rights and freedoms. It limits the legal rights of the peoples of Turkey, as well as their rights to vote and be elected and trade union rights. This constitution allows the Turkish Armed Forces to intervene in the name of safeguarding [the Republic]. This must change. The National Security Council (MGK) must be abolished, not the state but the citizen must be used as a base. The constitution must not be based on the concept of the "Turkish nation".

Güler: If we want more democracy, we must first settle scores with the 12 September [military coup]. Changing the constitution is not enough. For 25 years, parties of the order, and now the AKP, have made all attempts to protect the constitutional status quo. A discussion without 12 September is incomplete.

Uras: It is vital to break radically with the 12 September constitution. The new constitution must be a simple text which includes social and economic rights and uses democratic and human rights as its base.

Demirtas: The discrimination against differences (of language, religion, religious order, ethnicity) in the constitution must be ended. There must be a redefinition of citizenship and of state-individual relations. The demands of workers, trade union rights, equal opportunities in education and health must be guaranteed and not be dependent on the whim of different governments.

Can the AKP design a "civil" constitution?

Tüzel: I don't believe the AKP draft includes democracy. If this is a social contract, then it must be discussed by all strata of society and organisations. The AKP does not show such an intention. An exclusionary party cannot prepare a democratic constitution.

Güler: A party which does not have any problems with 12 September cannot show the necessary sensitivity. We must look for progress in human rights to the Turkish people, not to the AKP.

Uras: If the constitution is supposed to be civil, then it must encompass all social strata and demands. If the AKP only brings the finished product, then the search for a new constitution will continue. This opportunity must be grasped.

Demirtas: If we look at the signals sent so far and the past policies of the AKP, this draft will not be satisfactory. Up to now the AKP has not displayed the mentality which sees difference as enrichment. The constitution they prepare will reflect this. (Zaman - BIA news centre, Gökce Gündüc, August 24, 2007)

A Park Too Much for Rights Activist Ayse Nur Zarakolu

The municipality of Diyarbakir, the Kurdish-majority province in the south-east of Turkey, has met with hurdles in its plans to name a park after deceased human rights activist and publisher Ayse Nur Zarakolu.

The Regional Administrative Court has decreed that the park cannot be named after a person who "supported separatist ideas and spread terrorist propaganda both in her own books and in the books she published".

The court had become involved after the Diyarbakir governor's office had objected to the naming. The Diyarbakir municipality council will assemble in order to decide on their reaction.

The husband of Ayse Nur Zarakolu, Ragip Zarakolu, a journalist at the "Ülkede Özgür Gündem" and a publisher, has said: "Ayse Nur Zarakolu, like Hrant Dink, was a person who tried to build bridges between our peoples on the basis of mutual respect , and she is one of the people who paid for this with her life."

In an article yesterday (22 August), Zarakolu wrote that his wife was sentenced to imprisonment under Article 8 of the Anti-Terrorism Law, but that this article has now been dropped in the process of "pretend democratisation".

Thus, argues Zarakolu, the sentence has lost its validity, as have the decreeing courts, the State Security Courts, which have been abolished. "Whether or not Ayse Nur Zarakolu's name is on the gate of the park or not, she will always live on and symbolise the brotherhood between peoples."

A park on the Dicle Kent Boulevard had been named the "Aysenur Zarakolu Free Women's Park Forest". Following the court decree, the municipality has renamed the park "Park Forest". (BIA news centre, Erol Onderoglu, August 24, 2007)

Acquittal after Criticising Military Operations

Özgür Ulas Kaplan, president of the Tunceli Bar Association, and Hüseyin Tunc, province chairperson of the Labour Party (EMEP), have been acquitted after criticising the increase in military operations in the region in a programme on the Kurdish satellite channel Roj TV. Roj TV is broadcast from Denmark and Turkey has repeatedly called for its closure.

Tunc and Kaplan had been tried under Article 7/2 of the Anti-Terorrism Law and up to seven and a half years imprisonment had been demanded. Kaplan expressed satisfaction at their acquittal:

"The decision is positive. In any case, there should be no complaints filed for such speeches. Because I did not spread the propaganda of any organisation in my speech and did not incite to violence. They were words within the framework of the freedom of expression."

Call for economic, democratic and social programmes

The Malatya Heavy Penal Court acquitted the defendants at the third hearing on 16 August, arguing that there were no elements of a crime. The defendants were absent at the hearing.

In late 2006, several political party and municipality representatives held a press briefing, at the end of which Kaplan and Tunc spoke to Roj TV per telephone, expressing their desire for military operations in the are to stop.

Kaplan told Roj TV about the clashes in Tunceli. He said that the years of military management had not brought any results, and had expressed the need for economic, democratic and social programmes.

Anti-Terrorism Law amended

According to amendments made on 29 June 2006, Article 7/2 of the Anti-Terrorism Law calls for a heavier punishment: "A person spreading propaganda for a terrorist organisation will be punished with between one and five years imprisonment.

Should the crime be committed using the press or the media, the punishment is increased by half. In addition, press and media owners and others responsible will be fined with a daily fine from 1,000 to 10,000 days. For those responsible in broadcasting and publishing , the upper limit is 5,000 days." (BIA news centre, Erol Onderoglu, August 23, 2007)

Urgent Appeal for the Protection of Human Rights Defenders

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Turkey.

Brief description of the situation:

The Observatory has been informed by the Human Rights Association (Insan Haklari Dernegi - IHD) about the sentencing of three members of the Adana branch of the Association for criticising the “Return to Life” military operations of December 2000 and the prison conditions of Kurdish leader Abdullah Öcalan.

According to the information received, on June 7, 2007, Mr. Ethem Acikalin, President of the IHD branch in Adana, Mr. Mustafa Bagcicek, Secretary General, and Mr. Hüseyin Beyaz, Financial Secretary, were sentenced by the Adana Criminal Court n°1 to two years and eight months’ imprisonment for “inciting hatred and hostility” and “praising crime and criminals” (Article 215 of the Criminal Code). On the same day, the three men appealed their sentence before the Appeal Court in Ankara (Yargitay). They will remain free until the decision of the court, which should take place within one year.

The Observatory recalls that on December 19, 2000, the military had organised the “Return to life” military operations that had been launched simultaneously in 22 prisons all over Turkey in order to end two months of hunger strikes and “death fasts” carried out by hundreds of political prisoners, and which resulted in the death of 31 people, two of them soldiers. At that time, the hunger strikers were protesting against the State’s plan to transfer its prisoners from large wards to “F-type” prisons (characterised by small one- and three-person cells, where continued isolation leaves prisoners particularly vulnerable to torture and other forms of ill treatment).

On December 18, 2005, Mr. Ethem Acikalin, Mr. Mustafa Bagcicek and Mr. Hüseyin Beyaz had organised a demonstration, protesting against these military operations and calling for the prosecution of those responsible for these violations. The second charge was brought after they criticised, in the press release issued at the occasion of the demonstration, Mr. Öcalan’s solitary confinement in Imrali Prison.

Action requested:

Please write to the authorities of Turkey urging them to :

Guarantee in all circumstances the physical and psychological integrity of Mr. Ethem Acikalin, Mr. Mustafa Bagcicek and Mr. Hüseyin Beyaz, as well as of all human rights defenders in Turkey;

Ensure that their rights to a fair and impartial trial be guaranteed when appealing their sentences, so that the charges against them be dropped, as they are arbitrary;

Put an end to acts of harassment against all human rights defenders in Turkey;

Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually or in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, its Article 5, which provides that “everyone has the right, individually and in association with others, [...] to meet or assemble peacefully”, its Article 6.b, which states that “everyone has the right [...] to freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Turkey, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, which was ratified by Turkey in 1988.

Addresses:

President of Turkey, Mr. Ahmet Necdet Sezer, Cumhurbaskanligi 06100 Ankara,Turkey; Fax: +90 312 468 5026; Email: cumhurbaskanligi@tccb.gov.tr

Prime Minister, Mr. Recep Tayyip Erdogan, Office of the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476; receptayyip.erdogan@basbakanlik.gov.tr

Interior Minister, Mr. Abdulkadir Aksu, Ministry of Interior, Içisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95, aaksu@icisleri.gov.tr

Justice Minister, Mr. Cemil Cicek, Ministry of Justice/ Adalet Bakanligi , 06659 Ankara, Turkey; Fax: + 90 312 418 5667, ccicek@adalet.gov.tr

Foreign Minister and State Minister for Human Rights, Mr.Abdullah Gül, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11 / + 90 312 417 04 76, agul@mfa.gov.tr

Ambassador, Mr. Türkekul Kurttekin, Permanent Mission of Turkey to the United Nations in Geneva, Ch. du Petit-Saconnex 28b - CP 271, CH-1211, Geneva 19, Switzerland, E-mail : mission.turkey@ties.itu.int, Fax: +41 22 734 08 59

Diplomatic Mission of Turkey to Brussels, avenue Louis Lepoutre, 99, 1050 Ixelles, Belgium, Fax: + 32 2 340 98 79.

Please also write to the diplomatic representations of Turkey in your respective countries.

Geneva-Paris, August 17, 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

Pressures Against Human Rights Defenders and IHD

IHD's press release about the pressures made on the organization:

Human Rights Association (Insan Hakları Derneği ”IHD”) was founded on 17th July 1986, by 98 human rights defenders. After the military coup of 1980, there were so many violations against basic human rights-freedoms. For example; torture carried out in police custody and prisons intensified; deaths were more frequent, political parties, associations and trade unions were banned and their executives were jailed.

Today Human Rights Association continues its struggle with 33 branches, 2 representative offices and over 10.000 members and activists. There have been many activities, such as; campaigns, preparing reports and press statements during the 21 years of IHD.

These activities are carried out for many purposes. For example; abolishing death penalty and DGM (State Security Court), freedom of expression, finding disappeared persons, peace, amnesty that aims to social peace, signature campaign for persons that expelled from their positions because of “1402” article, Not to Be Silent against Torture, Equal opportunities for disabled persons.

IHD has been subject to pressures at different degrees. Two main periods can be mentioned with regard to harassments towards the association. For example, from 1986 to 1999 a total of 13 members were killed due to their human rights activities. In addition, one of the Presidents, Akın Birdal was attacked by two members of a paramilitary group allegedly linked to the State. Other members were threatened, imprisoned, prosecuted and tortured.

After 1999, pressures turned up to be more judicial and administrative than physical. In fact, the end of the conflict in the south-east and Turkey’s commitment to reforms in 2001 has brought about a promising change in the relationship between State institutions and the human rights community in the country.

Hopefully, a certain decrease in the human rights violations is acknowledged by defenders as an initial easing of the environment in which they operate.

Types of pressures observed after 1999:

1. Closure of Branches:

Malatya, Gaziantep, Van, Konya, Bursa and Izmir branches were temporarily closed in 2000 in relation to their complaints against prison policies of the government.

2. Raids by the security forces to the Headquarters and Branches plus Confiscation of several documents together with PCs:

In 2000, Istanbul and Ankara Branches;
In 2001, IHD Headquarters, Bursa, Adana and Bingol Branches;
In 2003, IHD Headquarters, Ankara and Siirt Branches.
IHD offices were repeatedly raided, vandalized and arbitrarily shut down.
3. Court cases and Investigations:

From 2000 to 2002: a total of 437 court cases were launched against the Headquarters and 13 branches. 231 of those were concluded during that period: 160 ended with acquittal and 71 were judged nolle presequi.

From 2003 to 2004:

Headquarters: 7 court cases against 53 IHD executives.
Diyarbakır Branch: 30 court cases and investigations only in 2004. (6 of those ongoing, 15 ended with non-pursuit, 5 with acquittal, 2 with fine penalty). 64 members were subject to court cases and investigations.
Istanbul Branch: 25 court cases against 126 executives. 5 concluded with acquittal.
Izmir Branch: 11 court cases against 33 executives.
Siirt Branch: 19 court cases and investigations.
Bingol Branch: 46 court cases and investigations against the chairperson.
Hakkari Branch: 8 court cases and investigation in 2003. All ongoing.
Mardin Branch: 1 court case concluded with penalty on the grounds that the chairperson hanged billboard posters in Kurdish without prior permission. 5 investigations against the chairperson are ongoing.
Kocaeli Branch: 35 investigations against the chairperson due to press statements he released on human rights violations.
Malatya Branch: A court case for the closure of the Branch on the grounds of violation of the Association Law by holding extraordinary Congress instead of ordinary one.
Adıyaman Branch: 1 court case and 2 investigations in 2004 against the chairperson. The court case ended with penalty.

In addition, members of Van, Urfa, Mus, Hatay, Iskenderun, Balıkesir, Tarsus, Karadeniz Ereğli, and Trabzon Branches encountered investigations.

In addition, members of Van, Urfa, Mus, Hatay, Iskenderun, Balıkesir, Tarsus, Karadeniz Ereğli, and Trabzon Branches encountered investigations and court cases due to their press statements and speeches.

The judicial process was founded on:

- the Law No2911 concerning Meetings and Demonstrations,
- the Law No 2908 concerning Associations,
- the Turkish Penal Code (provisions restricting freedom of speech),
- the Anti-Terror Law.

(IHD, ALERT–TURKEY, August 19, 2007)

IHD: "Incomprehensible Bans in Turkish Prisons"

Human Rights Association (IHD) Istanbul Branch reported the violations of rights in prisons and demanded the stopping of it. The report was based on letters from and applications made by prisoners covers the first 6 months of 2007. The report reveals that the isolation of prisoners continue in F type prisons despite the contrary directives of Ministry of Justice and prisoners are prevented from having visitors, communicating with outside and having medical checks. HRA report includes torture cases too.

IHD received 1 letter from Bursa prison, 1 Vezirköprü prison, 1 Metris prison, 3 from Konya, 2 from Edirne F Type, 2 from Bolu F Type, 37 from Tekirdağ F Type prison, 47 in total. 9 relatives of prisoners applied to HRA between 1 January and 1 August.

Report reveals that there are incomprehensible bans in prisons:

Some colours in underwear are found "suspicious". Red, green, dark blue are banned. *Keeping newspapers for archive is banned. *Black berries, keeping soap and washing up liquid by the window *Shopping outside the canteen day, shopping for others *buying food from outside * wearing the clothes brought by visitors *Having organiser type or spiralled notebooks * Talking while playing handball * Giving morale in letters * Walkman, mentioning the prison practices in letters * speaking in Kurdish with visitors * Getting publications in Kurdish, getting dissident publications. (antenna-tr.org, August 18, 2007)

Elections Protesters are still in Prison

Solidarity Association for Relatives of Prisoners (TAYAD) demanded the release of those who were arrested for protesting the elections and tortured afterwards. TAYAD distributed the pictures of people who were arrested over a demonstrations they held to protest the recent general elections. TAYAD said that 154 people were arrested 87 of whom were put on remand, 45 out of 87 were released after the applications of the solicitors yet 42 (all male) are still in prison. (antenna-tr.org, August 18, 2007)

Mehmet Ali Agca transféré dans une prison de haute sécurité d'Ankara

Mehmet Ali Agca, le Turc qui a tenté d'assassiner le pape Jean Paul II en 1981, a été transféré vendredi de sa prison d'Istanbul vers une prison de haute sécurité d'Ankara, ont annoncé des membres de sa famille et les médias.

Mehmet Ali Agca était emprisonné à Istanbul depuis son extradition d'Italie en 2000, pour plusieurs crimes commis avant qu'il ne tente d'assassiner Jean Paul II le 13 mai 1981 sur la place Saint-Pierre de Rome, le blessant grièvement.

L'ancien militant d'extrême droite a été reconnu coupable du meurtre en 1979 d'un journaliste renommé et de deux braquages commis dans les années 1970.

Il devrait rester derrière les barreaux jusqu'en 2010.

Agca, 49 ans, avait demandé à être transféré dans une prison de Malatya (est) où vit sa famille, mais il n'a obtenu que d'être transféré à Ankara, à 700 km de sa ville natale, a indiqué à l'AFP son frère Adnan.

D'importantes mesures de sécurités ont été prises pour le transfèrement d'Ali Agca qui est désormais détenu dans une cellule individuelle de la prison de haute sécurité de Sincan, une banlieue de la capitale turque, a précisé l'agence Anatolie. (AFP, 17 août 2007)

Arrested for Protesting Against Disappearance

Serdar Tanis and Ebubekir Deniz, two leaders of the pro-Kurdish People's Democracy Party (HADEP) in Silopi (province of Sirnak, eastern Turkey) disappeared while in gendarmerie detention in January 2001.

They had been called to the Silopi Gendarmerie Command on 25 January and have not been heard from since.

Having marked their disappearance with a "silent sit-down", the Siirt province president of HADEP's successor party, the Democratic Society Party (DTP), Abdurrahman Tasci was arrested with 39 other people.

They were accused of breaching Law No. 2911 on Meeting and Marches. Thirty people were acquitted and ten convicted. Nine of the latter were arrested at different times.

Tasci had been sentenced to 1 year and 3 months imprisonment, and his sentence has now been confirmed, leading to his arrest.

The DTP general head office has released a statement reacting to the arrest: "Hundreds of leaders and members of our party have been put into prison under flimsy pretexts and in an illegal manner, just for using their legal rights of freedom of expression and organisation."

"The arrest is a shameful event for our country and it shows the hypocrisy of our democracy and laws."

The DTP has demanded that Tasci and other party leaders be released immediatedly and that there be an end to the "lawlessness experienced".

In August 2005, the European Court of Human Rights had ordered Turkey to pay a total of 150,000 Euros compensation for the disappearance of Tanis and Deniz. (BIA News Center, August 13, 2007)

Ban on prison visits against human rights

Recent attempts by the government to introduce strict restrictions on prison visits by visitors and parliamentarians drew harsh reaction from human right activists in Turkey.

"We won't be able to learn what is happening behind the walls of prisons. Everybody has the right to learn it. Yet, it seems that we won't learn in which conditions the convicted and imprisoned live in prisons with the recent ban," said Reyhan Yalçındağ, chairwoman of the Human Rights Association (İHD).

The government introduced an amendment to the existing regulation (dated 2005) regulating the conditions of prison visits just after the July 22 elections, placing serious restrictions on visits to inmates in prison. According to the new regulation, only deputies involved in Parliament's commission on human rights will be allowed to visit prisoners convicted of terrorism or for violations against the Constitution and state.

The ban on most visits to certain categories of prisoners by parliamentarians basically aims to prevent possible attempts by the pro-Kurdish Democratic Society Party's (DTP) deputies to visit Abdullah Öcalan, the one-time leader of the outlawed Kurdistan Workers' Party (PKK). The ban was thus created considering the DTP - Öcalan relationship while it actually affects the situation of many other arrested and sentenced prisoners negatively.

No determination on part of government:

"Prisons should be open to civilian supervision. This is what the situation is like in democratic countries where the bars, chambers of medicine, human rights associations as well as parliamentarians visit prisons and release reports. It is also essential for deputies to visit the prisons especially in the struggle against torture," said Yalçındağ.

The Justice Ministry ban is a "grave" and "undemocratic" action in a democratic country like Turkey, argues Yalçındağ as according to her the initiative implies a rather problematic situation. It is a question of democracy and not a matter of encouraging some deputies not to visit certain categories of prisoners [Abdullah Öcalan], she thinks. "The situation makes us think that there are still some incidents of torture which need to be masked in Turkey. We understand that the government will not issue a behest to improve the prisons."

"The attempt violates the spirit of democracy," said Metin Bakkalcı, secretary general of the Turkish Human Rights Foundation (TİHV).

The initiative is an intervention in legislative and executive power, he argues. "It is really interesting for an institution to impose a ban on parliamentarians," he said. "How can one put a limitation on parliamentarians, the uppermost legislative body. Who holds such a right to do this?"

Inmates have to notify the names of three visitors whom they want to receive visits from in prison within 10 days of entering prison. Based on the new regulation, the police will investigate the names first and then decide on visitation rights.

"Police forces, however, aren't authorized to judge whether someone is objectionable. It is the responsibility of the judge to decide on whether someone is objectionable. The ban is an obvious intervention in the executive power," he said. "And, this isn't democracy."

Bakkalcı thinks that parliamentarians were declared as "objectionable" in this latest attempt, which ignores the legislative and executive bodies in the country. He said in addition to international mechanisms, national supervision mechanisms including deputies play a vital role in preventing acts of torture in Turkey. Recent developments, however, created mistrust of sorts toward the related authorities in charge of preventing torture in the country, he says.

"They are [government] giving the message that 'we are capable of doing everything!'" (TDN, August 11, 2007)

Human rights activists sentenced for criticising military operation

Three human rights activists of the Adana branch of the Human Rights Association (IHD) have been sentenced to two years and eight months' imprisonment for criticising the "Return to Life" military operations of December 2000 and the prison conditions of Kurdish leader Abdullah Ocalan.

The IHD's Istanbul branch has denounced the ruling. The IHD is planning to appeal against the sentences.

Ethem Acikalin, the president of the IHD's Adana branch, secretary Mustafa Bagcicek and accountant Hüseyin Beyaz have each been sentenced to two years and eight months' imprisonment. The decision was made at a penal court in Adana on 7 June 2007. The court decided - "considering the state the country is in" - not to defer the punishments.

The IHD Istanbul branch stated that the convictions have shown that "the reforms have not changed the oppressive essence of the system". On 19 December 2000, the military organised synchronous operations in 22 prisons which resulted in the death of 31 people, two of them soldiers. The operations had targeted hunger strikers and were called "Return to Life". On 18 December 2005, the human rights activists organised a rally, protesting against the operations and calling for the prosecution of those responsible. They had termed the operations "The Return to Life Massacre". The activists then stood accused of "inciting hatred and hostility".

The three activists have also been punished under Article 215 of the Penal Code for "praising crime and criminals". This second charge was brought because they criticised Ocalan's isolation in Imrali Prison: "At Imrali Prison, the isolation of Abdullah Ocalan, personally and representative for the Kurdish people, becomes greater every day. The most natural right of contact is violated for random reasons. Although there are several court cases open against him, his right of defense is violated because he is kept from seeing his lawyers under flimsy pretexts. He is not given paper, pens and the most basic human rights." Lawyers for the IHD have announced an appeal against the decision. They emphasised that they did not criticise the fact that Ocalan was in prison, but the conditions of his confinement. There could thus be no case made for the "praise of crimes and criminals". The court had also mentioned in its decision that "it had been attempted to introduce the concept of the Kurdish and the Turkish people".

The IHD has made a press statement entitled, "The snowdrops which have grown out of the seeds of 12 September [the date of the military coup in 1980] will not fade: Human rights activists will not be silenced", in which it has interpreted the conviction as oppression and has announced its decision to appeal. (BIANET/IFEX, August 10, 2007)

Appel urgent pour la libération immédiate de deux prisonniers politiques

Une fois de plus, la Maison populaire de Genève a été informée sur la situation alarmante dans les prisons turques.

En effet, outre la répression, les mauvais traitements et les pressions psychologiques exercés sur les détenus par les autorités pénitenciers, les prisonniers malades sont empêchés d’être consultés et/ou soignés jusqu’à ce que leur maladie devient irréversible, comme c’est le cas en particulier dans des prisons de haute sécurité.

Parmi tant d’autres exemples, l’état de santé de M. Yasar INCE et Mme Nevin YAYLACI est très préoccupant.

Détenu à la prison n°1 de type F de Sincan, M. INCE est atteint d’une hépatite B bien avancée. Suite à l’aggravation de son état, il a été consulté le 25 juin dernier. Le diagnostic indique une infection du foie avec le risque de cirrhose et/ou de cancer. Malgré ce diagnostic et son état faible pour s’occuper de lui-même, il est gardé dans sa cellule.

Il en est de même pour Mme YAYLACI qui est détenue dans la prison de type L de Sincan. Bien qu’elle ait eu plusieurs alertes, elle n’a été hospitalisée récemment que suite à une hémorragie cérébrale.
La politique des autorités turques est bien connue envers les prisonniers politiques. Ces derniers sont considérés comme des ennemis et traités comme tels. Leur isolement, dans tous les sens du terme, et leur non traitement en cas de maladie obéissent à cette politique. Bien que la peine de mort soit abolie officiellement, les autorités turques ont recours à deux méthodes pour se débarrasser de certains de leurs opposants : les exécutions sommaires et l’élimination à petit feu des prisonniers (torture, mauvais traitements, obstacles pour les soins des prisonniers malades, isolement, etc.). Selon les données de la Fondation turque des droits de l’homme, des dizaines de prisonniers politiques ont succombés ces dernières années suite aux maladies non traitées. Il s’agit entre autres de MM Ahmet Ok, Polat Iyit, Mehmet Salih Çelikpençe, Celal Türker, Ali Gür, Osman Das, Bekir Gül, Ugur Hülagü Güldogan, Esrek Ozkaya, Abdülkadir Yilmaz, Ihsan Biç, Mehmet Nuri Adli, Necmi Akgün, Halef Ozer, Murat Dil, Ibrahim Cici, Numan Akman, Kemal Çelik, Ismet Baycan, Salih Sevinel, Ali Yaprak, Seyfettin Çagman et Mmes Hacer Kaya et Hanim Baran.

Une action en faveur de M. Yasar INCE et Mme Nevin YAYLACI est nécessaire pour sauver leur vie avant qu’il soit trop tard.

C’est pourquoi, nous vous appelons à adresser des lettres de protestations aux autorités turques pour qu’elles cessent leurs politiques inhumaines à l’égard des prisonniers politiques et fassent le nécessaire pour le traitement des détenus malades en général et de M. Yasar INCE et Mme Nevin YAYLACI en particulier.

Nous vous demandons surtout d’intervenir auprès des autorités compétentes de Turquie afin d’obtenir leur libération.

En vous remerciant de l’attention vous accorderez à la présente, nous vous prions de recevoir, Madame, Monsieur, nos salutations distinguées.

Maison populaire de Genève
Demir SONMEZ

Addresses for the Recommended Actions:

President of the Turkish Republic
Ahmet Necdet SEZER,
Turkiye Cumhuriyeti Cumhurbaskanligi, 06689 Cankaya, Ankara
Faks: 00 90 312 441 38 16, e-mail:
cumhurbaskanligi@tccb.gov.tr

Prime Minister of the Turkish Republic
Recep Tayyip Erdogan,
Turkiye Cumhuriyeti Basbakanligi, Kizilay, Ankara
e-mail: bimer@basbakanlik.gov.tr

Justice Minister of the Turkish Republic
Cemil Cicek,
Turkiye Cumhuriyeti Adalet Bakani, 06659 Kizilay, Ankara
Tel: 00 90 312 417 7770
e-mail: info@adalet.gov.tr

Mission permanente de la Turquie auprès de l'Office des Nations Unies à Genève
Son Excellence Monsieur Ahmet Üzümcü 
Ambassadeur extraordinaire et plénipotentiaire , Représentant permanent
Adresse: Chemin du Petit-Saconnex 28b 1211 Genève 19 Tel: +41 22 918 50 80 Fax: +41 22 734 08 59 Courriel: mission.turkey@ties.itu.int

United Nations High Commissioner for Human Rights
ngochr@ohchr.org

United Nations High Commissioner for Refugees
1503@ohchr.org

Rights Activists to Appeal Against Sentence

The Istanbul branch of the Human Rights Association (IHD) has denounced the fact that three members of the IHD branch in Adana have been convicted for their criticism of the "Return to Life" operations in prisons.

Ethem Acikalin, the president of the Adana branch of the IHD, Mustafa Bagcicek, the secretary, and Hüseyin Beyaz, the accountant, have been sentenced to two years and eight months imprisonment each. The decision was made at a penal court in Adana on 7 June. The court had decided - "considering the state the country is in" - not to defer the punishments.

The Istanbul IHD has stated that the convictions have shown that "the reforms have not changed the oppressive essence of the system".

On 19 December 2000, the military had organised synchronous operations in 22 prisons which ended in the death of 31 people, two of them soldiers. The operations had targeted hunger strikers and were called "Return to Life".

On 18 December 2005, the human rights activists had organised a rally and protested against the operations and called for the prosecution of those responsible. They had termed the operations "The Return to Life Massacre".

The activists then stood accused of "inciting hatred and hostility".

They have also been punished under Article 215 of the Penal Code for "praising crime and criminals". This second charge was brought because the activists criticised the isolation of Abdullah Öcalan in Imrali Prison:

"At Imrali Prison, the isolation of Abdullah Öcalan, personally and representative for the Kurdish people, becomes greater every day. The most natural right of contact is violated for random reasons. Although there are several court cases open against him, his right of defense is violated because he is kept from seeing his lawyers under flimsy pretexts. He is not given paper, pens and the most basic human rights."

Lawyers for the IHD have announced an appeal against the decision. They emphasised that they did not criticise the fact that Öcalan was in prison, but the conditions of his confinement. There could thus be no case made for the "praise of crimes and criminals".

The court had also mentioned in its decision that "it had been attempted to introduce the concept of the Kurdish and the Turkish people".

The IHD has made a press statement entitled, "The snowdrops which have grown out of the seeds of 12 September [the date of the military coup in 1980] will not fade: Human rights activists will not be silenced", in which it has interpreted the conviction as oppression and has announced its decision to appeal. (BIA News Center, August 8, 2007)

Human Rights Activists Denounce Prison Regulalations

The Turkish Human Rights Foundation (TIHV) has condemned the decision of the Ministry of Justice last week to make changes concerning the regulations of prison visits.

The changes in regulations, announced on 28 July, are as follows:

* Law-enforcement officers will decide whether visitors of detained or imprisoned persons are "objectionable" and whether a visit will be allowed.

* MPs will only be allowed to visit prison if they are working in relevant commissions in parliament. In addition, they will not be able to visit political prisoners and detainees.

The TIHV has denounced these changes as a step backwards in the prevention of torture and as an opening for further rights violations.

It pointed to a case in 1995, when MP Sabri Ergül visited the Manisa Police Headquarters and witnessed the torture of 14 young men. As a result, one chief superintendent and 10 police officers were punished. The young men were then acquitted of writing on the walls, hanging up banners illegally.

The TIHV warned of the probable results of changes:

According to Article 9 of the regulations, detainees and prisoners were allowed to nominate three visitors as well as other people in extraordinary cases. There were no limitations.

The new regulations say that detainees and prisoners must specify the three visitors, and that the law-enforcement officers would decide within 10 days whether to allow visits from these people.

This means that now visitors are also under the control of the security forces. This violation of basic rights and freedoms is incongruous with the principle of lawfulness.

The concept of "an objectionable person" has been written into a law, but this status can only be decided by a judge. According to the new regulations, security forces, not the judiciary, will decide on the status of a person.

Collecting information on a person can only be accepted with legal decisions, and the right to privacy is also threatened. Even if personal information is collected within a legal framework, it is vital that the information is used appropriately. This rule is also violated.

Collecting information about a visitor of a detainee or prisoner also violates the principle of the presumed innocence of that person. It is not possible to collect information about a person who has not been complained about or has been acting suspiciously.

The changes in regulations have been interpreted as a reaction to the election of pro-Kurdish MPs into parliament. (BIA News Center, August 3, 2007)

Turkish Judiciary on Trial Before EU Report

Yesterday, Turkey's busy courts began their summer break. When the judges return to work on 3 September, more than 40 cases concerning the freedom of expression will be waiting for them.

They will be hearing 33 of these cases before 7 November, the day when the European Commission will publish a Progress Report on Turkey.

19 of the cases have been brought under Article 301 of the Turkish penal code (formerly Article 159). The European Union has long called for a change to this article in order to conform to modern standards. It will be considered in the progress report.

Among the cases under Article 301 or 159 to be heard this year are those of journalist Ersen Korkmaz, who has been prosecuted for the last five years, as well as new cases, such as the one against journalists Lale Sariibrahimoglu and Ahmet Sik.

Another case is that of writer Emin Karaca, who after critising the army on the anniversary of the execution of militant student leaders Deniz Gezmis, Yusuf Aslan and Hüseyin Inan in an article entitled "Write in Turkey and in Europe".

Karaca has been on trial since November 2002. In September 2005, he was given a five-month prison sentence which was then converted into a fine of 900 YTL. However, the court of appeals overturned the decision on the grounds of procedure. Now, he is being tried by a penal court in Istanbul.

According to the BIA Media Monitoring Report published on 6 July, there were four new court cases opened under Article 301 between April and June. (BIA News Center, August 3, 2007)

Prison Population in Turkey at Record High with 82,000

Turkey’s soaring crime rate -- up by 64 percent in 2006 from the previous year according to official data released in February this year -- has in turn brought the prison population in Turkey to above 82,000 as of April this year, the highest in the history of the Turkish Republic.

According to the information obtained from the General Directorate of Prisons and Jails, the number of inmates in Turkey’s 387 prisons and jails as of Aug. 1, 2007 is 82,742.

The last time the number of inmates in Turkey’s prisons climbed to a record was 27 years ago after the Sept. 12 military coup when the number of arrested and convicted neared 72,000.

The number of jailed or imprisoned in the first seven months of 2007 has topped 13,000. Realizing that the current prisons’ capacity wouldn’t allow the imprisonment of more people, the Ministry of Justice built new prisons, increasing the total capacity to 90,000 from 70,000 inmates. However, officials from the ministry are drawing attention to the fact that if the number of people jailed or imprisoned continues to grow, building more prisons will not be a solution.

Since 2000 over 50,000 jailed or imprisoned people have been released, benefiting from two new laws and a package of amendments: the Law of Release on Parole enacted in 2000, the Law of Repentance passed in 2003, and an amendment package introduced to some articles in the Turkish Penal Code (TCK) in 2005 which shortened the time served in prison for some crimes. Alongside those who benefited from these laws, a large number of others finished serving their terms. However, the nearly empty prisons were filled in almost no time, hinting at the possibility of future obligatory pardons and paroles being granted to keep the prison population within capacity.

The rise in the prison population, according to experts, stems from an increased crime rate. It is also said that judges are no longer lenient with those involved in some minor crimes such as snatch-and-grab theft. Offenders of such crimes used to be released pending trial but judges now prefer to send such criminals to jail, much to the relief of the general public. The amendment package introduced on June 1, 2005 brought heavier sentences for some serious crimes. Under the new regulations, those whose crimes were in the range of the amended articles and whose trials began after the amendment enactment date were sentenced to longer years of imprisonment, setting in motion the current situation.

According to the information obtained from the General Directorate of Prisons and Jails, the number of inmates in Turkey’s 387 prisons and jails as of Aug. 1, 2007 is 82,742, of whom 50,907 have been arrested pending trial and the rest are convicts. While the numbers of those arrested and convicted were almost equal in previous years, the growing number of arrests is attracting attention.

The number of individuals convicted of homicide exceeds 16,000, leading the rest of the prison population as a result of the longer sentences served by offenders. The number convicted of indictable offences, like all types of theft, is 12,000. F-Type prisons, which have attracted much of criticism for introducing solitary and small-group isolation for inmates traditionally housed in ward-like facilities, house over 4,000 inmates convicted of crimes related to terrorism.

An overwhelming majority of the prison population is composed of adult males, 76,995 inmates or 93 percent in total. Only 2,963 are adult females, while 2,784 inmates are minors. (Zaman, August 2, 2007)

ECHR Decides in Karatepe and Ulusoy Cases

The European Court of Human Rights (ECHR) has decreed that Turkey did not limit the freedom of expression of former Kayseri mayor Sükrü Karatepe when it punished him for "inciting hatred and hostility" in several of his speeches.

On 9 October 1997, Karatepe had been sentenced to a year imprisonment and a fine by the Ankara State Security Court for "spreading hatred and hostility by pointing to differences in religion" in speeches made in October and November 1996. Karatepe was removed from his office in February 1998 and arrested on 24 April 1998.

Karatepe, a member of the Welfare Party (RP), was given a conditional release on 17 September 1998.

While the ECHR acknowledged that the army members of the state security courts made fair trials less likely, and that this was incongruous with Article 6/1 of the European Convention on Human Rights, it found that Karatepe's punishment was not excessive, considering the aim of preventing the incitement to crime.

Voting six to one, the ECHR decreed that the sentence did not violate Article 10 of the Convention on Human Rights and denied Karatepe the right to compensation. It charged the former mayor with paying 500 Euros court expenses.

The ECHR also considered the case of journalist Ziya Ulusoy, where it came to a different conclusion. The court decreed that Turkey had violated his right to freedom of expression and that the trial had been unfair.

Ulusoy had been sentenced to 16 months imprisonment in April 1997 for an article about the Sivas massacre, where 37 Alevi intellectuals died in a hotel that had been set on fire in 1993.

The ECHR decreed that Ulusoy's right to freedom of expression had been limited without foundation and in a matter unfitting for a democratic society.
Because Ulusoy had not specified an amount, the ECHR did not call for a payment of compensation. It announced that, according to the Convention's policies on cases heard by courts that were not neutral or independent, the file would be reconsidered if Ulusoy should demand compensation.

Ulusoy hat been convicted for criticizing the state's and the security forces' indifference to the murder of the 37 people in the fire at the Madimak Hotel in Sivas in 1993, as well as for criticizing the state's policies for the Kurdish issue.

Turkey had interpreted Ulusoy's use of the term "Kurdistan" for one part of Turkish territory and the term "National Liberation Movement" as "separatist propaganda".

The ECHR argued that this evaluation did not legitimize the punishment that Ulusoy was given. Because the article did not call for armed resistance or rebellion and did not contain any discourses of hatred, the punishment was found excessive. (BIA News Center, August 2, 2007)

Pression sur les médias / Pressure on the Media

TV Station Penalised over the name of a dog

Radio and television higher board (RTUK) decided to penalise Kanal D TV channel over a dog which is called “Huseyin” in TV a serial. RTUK said some citizens complained about the dog being called “Huseyin” a common name among Alewis.

RTUK said that they received endless complaints especially from Alewis. A group of people demonstrated outside the TV station demanding apology while the serial was on. An apology made by the channel did not save it from punishment by RTUK.

Another Website Barred

Courts stopped access to another website WordPress.com after similar measures against Ekşi Sözlük and Antoloji.com. Journalists without Borders (RSF) and NGOs who defend freedom of communication criticises the practice of barring the whole sites over one disputed article.

Fatih Primary Court Num. 2 barred access to worldpress.com as Adnan Oktar filed a complaint against the website. Users trying to access the site get a page which says “access to this site has been stopped by a court order”. (antenna-tr.org, August 23-24, 2007)

RSF: Detention of Journalist Yetisgen Inappropriate

Paris based international rights organization Reporters Sans Frontieres has denounced the "precautionary" detention of journalist Yasin Yetisgen from Gaziantep, south-east Turkey, and has called for his release.

Yetisgen had published an article entitled "Antep and the Shepherd's Fire" in which the term "northern Kurdistan" appeared in his weekly newspaper "Coban Atesi" (Shepherd's Fire). He is both owner and responsible manager of the newspaper. The article had been written by Hursit Kacikkirmaz, a writer resident in Switzerland. There has been an arrest warrant issued for Kacikkirmaz as well.

Yetisgen was arrested on 14 August and has been sent to an H-type prison in Gaziantep, but he is to be tried at the Adana Heavy Penal Court.

The RSF has denounced his detention, saying:

"As the crime of ‘separatist propaganda’ in article 8 of the anti-terrorism law was repealed in July 2003, it seems utterly archaic to detain Yetisgen before prosecuting him on a charge of ‘attacking the country’s integrity and the state’s unity’."

The court case will be monitored by the journalist's lawyer Hüseyin Kursun, and by Seyhmus Ülek, former vice president of the Association for Human Rights and Solidarity with the Oppressed (MAZLUM-DER).

Saban Kaplan, judge at Gaziantep's First Court of Peace had declared that there was "strong suspicion that Yetisgen had committed a crime, and that the nature of the crime and the evidence pointed towards it being a crime under Article 100/3 of the Penal Court Law" and this was the reason for the detention.

Seydi Vakkas Ovayolu, a lawyer representing Yetisgen, said that his client's objection to the arrest was refuted on 16 August, and that he could only receive visitors as of yesterday (20 August). Newspaper representatives have protested against the fact that Yetisgen has been arrested as a "precaution" although no trial has started yet.

The 22nd issue of the "Shepherd's Fire" was confiscated because of the use of the expression "North Kurdistan". The exact phrase was, "Antep is an industrial city in North Kurdistan". Yetisgen was called to make a statement and then arrested. . (BIA news centre, Erol Onderoglu, August 21, 2007)

Latin America-Turkey Cultural Festival

Latin America-Turkey Cultural Festival is to be organized by BEKSAV (Foundation for Science, Education, Esthetics, Culture, Arts Researches) between 22nd of August and 10th of September. Participants from Cuba, Venezuela, Chile, Brasil and Peru will attend festival activities in Istanbul, Ankara, Bursa, Izmir, Adana, Antakya and Diyarbakır.

The start of the Latin America-Turkey Cultural Festival will be given with a press conference at BEKSAV Conference Hall on 22nd of August, 2007 at 11:00.

MUSIC GROUPS:

Meli Witran Mapu Music Group / CHILE
A. DE CUBA – Sugar of Cuba / CUBA
LATIN FEVER DANCE GROUP / CUBA–BRASIL
FRAPOM MUSIC AND THEATRE GROUP/ VENEZUELA
AYLLU CHAKUI MUSIC GROUP / PERU

BEKSAV was established in February, 1995 in Istanbul. Gave products in many fields of arts; music, theatre, cinema, literature coming first. Worked in the fields of photography, painting, popular dances. The Foundation also organized several contemporary or theoretical discussions/seminars and prepared files on these topics.

Gave education to over 1000 people with the courses of painting, guitar, theatre, modern dances, flute. BEKSAV opened facilities for some amateur and professional movie makers and music and theatre groups and helped the development of culture and arts.

Presented its productions in theatre, music, cinema fields to a large public in Turkey and Europe. Organized festivals and concerts in Istanbul, Izmit, Canakkale, Iskenderun, Antakya together with the municipalities. Attended education and holiday camps of the labor unions and presented its’ productions to the workers.
BEKSAV, established a miniature university until 2000 with the title “Lessons of Life and Dream” in the fields of science history, philosophy, literature, esthetics, sociology, etc. 500 people took part in these lessons.

The Foundation contributes to the publishing of the left-wing art journal “Sanat ve Hayat” (Art and Life).

Festival Contact Address: BEKSAV, Caferağa Mahallesi Damga Sokak No: 17 KADIKÖY/ISTANBUL
Festival Contact Telephone: (0090 216) 349 91 55- 56
E-Mail: info@beksav.org beksav_07@hotmail.com
Press Consultant: Necati ABAY, GSM: 0090 535 929 75 86
E-Mail: info@ceylanyayinlari.com

A Magazine Seized in Gaziantep, Editor Arrested

A weekly local magazine in Gaziantep named “Çoban Ateşi” was seized over having “North Kurdistan” phrase in its copy number 22. The owner and the editor of the paper was put on remand as he went to give his statement. An arrest order has been issued for writer Hurşit Kaşıkkırmaz. (antenna-tr.org, August 18, 2007)

Four websites face lawsuits for reporting on labour issues in media group

Four websites reporting on the obstruction of trade union activities among employees of "Sabah" newspaper have been sued for compensation by Nurdan Acur, human resources manager of the Merkez Newspaper Group.

The Modern Journalists' Association (CGD) has condemned Acur for filing suits against four Internet sites which had posted items about her and demanding that the news items be removed.

Acur has demanded a total of 6,000 YTL (approx. US$4,280) in compensation from the websites http://www.superpoligon.com , http://www.celiknet.com , http://www.haberciler.com and http://www.gercekgündem.com for publishing statements saying that she was trying to prevent trade union activities at "Sabah".

CGD chairperson Ahmet Abakay has said that it is well known that there is pressure on employers in the media sector, including those working for "Sabah" newspaper and ATV channel, not to join trade unions. He evaluated Acur's complaints as an indication of "how outdated the management of some press institutions is and how primitive the press sector is."

Abakay pointed out that Cengiz Erdinc, chairperson of the CGD's Istanbul branch, had been dismissed in a similar context. "It is only possible in countries like Turkey, which are far from democracy and modernity, to sue those Internet publications that report and comment on the fact that some employees have been fired." (BIANET/IFEX, August 16, 2007)

"Hürriyet" journalist dismissed, allegedly due to government pressure

After 22 years with the "Hürriyet" newspaper, columnist Emin Cölasan has been dismissed. Journalists' associations and prominent individual journalists have protested his dismissal.

The Turkey Journalist's Society (TGC) condemned the dismissal, saying, "We cannot accept that Cölasan, an important writer in the Turkish media, has been dismissed because of his dissident articles."

The TGC management council stated that it would support Cölasan. In a written statement, the society said: "That such an event has taken place at a time when messages of compromise and tolerance abound makes us worried about government-press relations in the coming period."

The TGC emphasised that freedom of the press was an indispensable element of democracy. It reminded everyone, including the media, that everyone should work toward ending this kind of censorship.

Ahmet Abakay, the chairperson of the Modern Journalists' Association (CGD), stated that "Cölasan's dismissal is a warning to other opposition writers." The CGD argues that Cölasan has been dismissed due to pressure from the Justice and Development Party (Adalet ve Kalkinma Partisi, AKP) government on the newspaper: "This is punishment of a writer who does not support the government. The decision is proof that the newspaper will not be independent of the government and does not want to be. The issue goes beyond Emin Cölasan; the government has successfully silenced a writer who expresses dissident opinions."

Journalist Fatih Altayli has said that he is not surprised by Cölasan's dismissal because the newspaper's owner, Aydin Dogan, had wanted to fire Cölasan for four years. According to Altayli, what stopped Dogan was the fear that Cölasan would transfer to another big newspaper, specifically "Sabah".

Altayli worked for "Hürriyet" for a long time and then transferred to "Sabah". He now works for the http://www.Gazeteport.com.tr website. He said in an article, "Profiting from the taming of 'Sabah', the Dogan Group is cleaning up." He added, "The Dogan Group is trying to get rid of those people it sees as burdens, those who make its life difficult. Because 'Sabah' is now controlled by the Savings Deposit Insurance Fund (TMSF) and is not a rival anymore, there is no possibility of Cölasan transferring there. They were able to fire him easily."

Three journalists who joined a live programme on Sky Türk, a web-based television station - "Cumhuriyet" journalist Ali Sirmen, Kanal Türk television station owner Tuncay Özkan and the Turkey Journalists' Syndicate (TGS) chairperson Ercan Ipekci - described Cölasan's dismissal as "a blow to freedom of expression." Ipekci said that journalists less well-known than Cölasan had been fired prior to the general elections of 22 July. "At that point, we began to worry whether there was restructuring under way. It seems that the editors-in-chief have decided to implement that model. Every newspaper has its own style. We don't believe that people are dismissed because of accusations of insults. If [Cölasan] has been fired because he criticised the government, then we are worried. It would mean that rather than maintaining freedom of the press and of expression, the media is violating it," Ipekci added. (BIANET/IFEX, August 16, 2007)

Number of Imprisoned Journalists in Turkey: 24

According to data of Solidarity Platform of Imprisoned Journalists (TGDP), 24 journalists of whom 8 are authors have been imprisoned in Turkish prisons as of August 15, 2007. Of 24 journalists, 20 were detained after Anti-Terror Act (TMY) which was put in to effect on September 2006.

One of the prisoners is Emin Orhan, under arrest for ten months, will be tried on August 7, 2007 according to TMY.

List of the journalistes in the prisons of Turkey:

Ibrahim Cicek, Atilim, prison type-F in Tekirdag
Sedat Senoglu, Atilim, prison type-F in Edirne
Füsun Erdogan, Ozgür Radio, special prison in Gebze
Hasan Cosar, Atilim, prison type-F in Sincan
Ziya Ulusoy, Atilim, prison type-F in Tekirdag
Bayram Namaz, Atilim, prison type-F N°1 in Edirne
Hatice Duman, Atilim, special prison in Gebze
Suat Kolca, Ozgür Halk and Genç Bakis, prison type-F in Edirne
Yasar Duman, Ozgür Halk and Genç Bakis, prison type-F in Edirne
Selahaddin Sumeli, Ozgür Halk and Genç Bakis, prison type-F in Edirne
Mahmut Bozdag, Ozgür Halk and Genç Bakis, prison type-F in Edirne
Cem Sahin, Ozgür Halk and Genç Bakis, prison type-F in Tekirdag
Kemal Aydeniz, Odak, prison of Bayrampasa
Erol Zavar, Odak, prison type-F in Sincan
Mustafa Gök, Ekmek ve Adalet, prison type-F in Sincan
Baris Acikel, Isci Köylü, prison type-F N°1 in Kandira
Behdin Tunç, DIHA News Agency, prison type-D in Diyarbakir
Faysal Tunç, DIHA News Agency, prison type-D in Diyarbakir
Sabri Adanır, Journal Gündem, prison type-E in Diyarbakir
Mehmet Karaaslan, Journal Gündem, prison type-E in Mersin
Ali Bulus, DIHA News Agency, prison type-F in Mersin
Sami Gök, Alinteri, prison type-F in Sincan
Hüseyin Habip Taşkın, Review Güney, prison of Manisa
Yasin Yetisgen, Journal Coban Atesi, prison of Gaziantep

The Platform of Solidarity With Imprisoned Journalists (TGDP)
Communication: Necati Abay, Spokesman of TGDP; GSM: +90 0535 929 75 86
e-mail: tutuklugazeteciler@mynet.com

Local Journalists in Sarköy On Trial For "Insult"

The prosecution in Sarköy (province of Tekirdag in Thrace) has demanded ten years imprisonment for journalist Yakup Önal of the local "Şarköy'ün Sesi" ("The Voice of Şarköy) newspaper for insulting mayor Can Gürsoy of the Justice and Development Party (AKP) and two municipal council members, Olcay Yücel and Ercan Yücel.

Önal had written an article entitled "Fairy tales for adults- Pinocchio and the nine dwarves".

The suits of two other plaintiffs, Afat Gürsoy and Ilyas Inanc were rejected by the prosecution, based on Articles 125/3-a and 126 of the penal code.

The court case will continue on 31 October. The court will decide whether to invite a technical expert to the next hearing.

The case had initially been handled by prosecutor Tamer Soysal. On his transferal to Diyarbakir, the case had been taken over by prosecutor Hüseyin Kocaslan.

Soysal had appealed against the acquittal of the journalist in an earlier case (14 March), related to an article entitled, "Beer drinkers in blue-flagged Sarköy, beware!"

In that case, Önal had been on trial for "violating the secrecy of an investigation" and "attempting to influence the judiciary".

The present case has been continuing for some time. On 21 November 2006, the Şarköy civil court of first instance had decided that the journalist had "gone beyond the limits of criticism" in his article about the fairy tales. However, it had not demanded any compensation payments.

The court had called on Önal to "end the unfair attacks" on mayor Gürsoy and had decided that the decree be published in the Sarköy newspaper in order that "third persons be informed" (Aticle 25/2 of the civil code). Önal had appealed against the decision.

Local authorities had argued that they were designated in the fairy tales published in the culture and art pages of the newspaper and have demanded up to 21 years in prison in six court cases.

The newspaper had started a series called "President Pinocchio and the nine dwarves" on 20 July 2005. The story started, "Once upon a time...in a country, there was a president called Pinocchio in a coastal town called Sarki. Pinocchio had nine dwarves who approved all of his decisions like a suction pump." (BIA News Center, August 14, 2007)

Three Journalists in Diyarbakir and Afyon on Trial

Two journalists of the "Söz TV and Newspaper" in Diyarbakir (south-eastern Turkey) and the responsible director of the local "Emirdag" newspaper in Afyonkarahisar ( central Anatolia) are still on trial.

Sait Bayram and Firat Avci , news editor and journalist of " Söz " respectively, were arrested in Diyarbakir on 18 June and released on 20 July. They had published an article claiming that judge Mehmet Yücel of Diyarbakir's first criminal court of peace had been transferred because he had accepted bribes. They will appear in court again on 31 October.

On 18 June 2007, the two journalists had published an article entitled "He has been transferred to Diyarbakir for taking bribes". They had been arrested for "insulting local authorities in print".

The journalists were kept in prison until their first hearing. They are now being tried by a penal court in Diyarbakir. Editor-in-chief Ömer Büyüktimur said at the time of their arrest, "We are saddened, we made news and we stand behind our news."

In the second case, " Emirdag " responsible director Mustafa Koyuncu was arrested on 13 March for "insulting an officer on duty". His trial will continue on 3 October. Koyuncu is currently doing his military service, which will end in the middle of September.

Koyuncu had spent a week in prison after being stopped in traffic and arrested. The article in question, entitled "Should we have entered the EU like this? They are abusing their positions", was published on 12 March 2007.

44 police officers have filed complaints against the journalist, who had reported the claims of detained people in the article.

Meanwhile Sinan Kara of the " Datca News " has been released from prison after serving a five-month sentence handed out when he was the owner of the newspaper. (BIA News Center, August 14, 2007)

Prominent journalist under investigation for criticizing military

The military's General Staff filed a complaint with the Justice Ministry last month about a column by award-winning journalist Umur Talu, who has been writing for two years about the inequalities faced by noncommissioned officers in the military. The General Staff maintains that Talu's column aims to harm the hierarchy within the military. Talu, who is a columnist for the daily newspaper Sabah testified to the prosecutor last week.

"I believe I did the right thing. It (my column) is based on the truth and consciousness and it is right from the point of journalism as well," said Talu.

Talu started to write about the issue following the sale of Erdemir iron and steel factory to the Turkish Armed Forces Pension Fund (OYAK). "I learned more about the inequalities within OYAK afterwards," Talu said. This led him to write more about the situation of noncommissioned officers within the army.

"There are humanitarian problems in a great and important institution [the army], from exclusion to income," Talu said, "It is a shame writing as if there are problems when there is not, but it is a greater shame not writing when there are problems."

The Turkish Journalists Community (TGC) awarded Umur Talu for a 2005 column on the same issue. Talu won the same award from the TGC for his columns in 2004 as well.

The head of the Turkey Journalists' Trade Union Ercan İpekçi emphasized that a decision by the European Court of Human Rights (ECHR) is taken as a basis, which states that announcing opinions that might even shock society, except encouraging violence is under the framework of press freedoms. The judiciary should take into account the ECHR's decision, he said, speaking on the complaint filed by the General Staff against Umur Talu.

"A journalist has to write everything and share the thoughts of every segment of society with others," İpekçi said.

Meanwhile, the head of the Press Council, Oktay Ekşi, stated that it is against the council's understanding to make comments on an ongoing judicial process. However, Talu's columns on the issue are within the limits of a journalist's duty, Ekşi added. He stated his hope that Talu will not be punished. "Thinking to the contrary means ignoring people's right to learn about the truth and not recognizing press freedom," Ekşi said.

Talu says that thousands of people are really hurt, even if he had not written the columns. "Those people suffer much but the public heard about them only when they become martyrs," he said. Many noncommissioned officers who probably don't share the same thoughts as him normally, gave him their support and congratulated Talu for his courage by e-mail or phone even while on duty with guns in their hands, he said.

"I wrote for real democratization, not to make someone to receive more wages," Talu said. (Turkish Daily News, August 13, 2007)

Journalist on Trial for "Tales of Grown-ups"

Sarköy Penal Court of First Instance continued to hear the case against Yakup Önal, writer with the local paper "Sarköy'ün Sesi (Voice of Sarköy)" launched in connection with the serial "Büyüklere Masallar-Pinokyo ve Dokuz Cüceler (Tales of Grown-ups: Pinocchio and Nine Dwarfs)" started to be released on the paper on 20 July 2005.

The indictment wants Önal to be sentenced to 10 years' imprisonment according to the articles 125 and 126 of TPC for insulting Sarköy Mayor Can Gürsoy, members of Municipality Assembly Olcay Yücel and Ercan Yücel. The court adjourned the hearing to 31 October for the preparation of defence. (BIA, 10 August 2007)

Journalist convicted of "insulting" Kerincsiz, faces imprisonment

Journalist Ayse Onal of the "Star" newspaper has been sentenced to three months imprisonment and payment of compensation to Kemal Kerincsiz, a lawyer with of the Great Lawyer's Union, after he filed a suit against her. Her imprisonment has been converted into a fine.

Onal has been sentenced to paying Kerincsiz compensation by a penal court in Istanbul for "insulting" him. The lawyer had demanded 8,000 YTL (approx. US$6,200), however the court agreed on 3,000 YTL (approx. US$2,300) with added interest since the publication of the article, resulting in a payment of 4,750 YTL (approx. US$3700).

In an article published on 30 December 2005, Onal had criticised Kerincsiz for filing a suit against Joost Lagendijk, the co-chair of the EU Turkey Joint Parliamentary Committee. In the article, entitled "A New Year's Wish", she had used the expressions "a suspicious copy of a lawyer" and "insane" to describe Kerincsiz. She has also been found guilty for writing that Kerincsiz was "making more noise than could be expected from a dwarf" and that "the smear campaign of an ill (intentioned) future assassin is hitting the real Turkish law."

Kerincsiz has achieved national and international notoriety for filing suits against intellectuals such as Orhan Pamuk, Elif Shafak and Hrant Dink.

The court applied Article 126 of the Penal Code in its judgment, which states that "even if the aggrieved person's name is not openly referred to and allegations are insinuated, it is considered that the name was given and that an insult took place if there is no hesitation in identifying the person."

Onal has declared that she paid Kerincsiz's lawyer the compensation together with 750 YTL (approx. US$800) even before the court case was decided. She has also been sentenced to a three-month prison sentence converted into a fine. Onal has said that she is as yet undecided on whether to pay the fine. (BIANET/IFEX, August 10, 2007)

Mathematics Village Needs Permission!

The building site of a mathematics village owned by Prof. Dr. Ali Nesin was closed down on the grounds that it did not have permission. Military police removed the teachers and pupils from the camp. The decision caused international protest. Famous Russian mathematician Prof. Alexandre Borovik who taught in the village sent a letter to the prime minister.

Ali Nesin: “I will not get Permission for Maths Village”

Ali Nesin the founder of a mathematics village in Şirince said that the closing down of the village for not having permission was an intervention to academic freedom. Nesin said "I will stand trial if necessary. We will see a regulation exposed that bans a professor from teaching his subject. This is an act of civil disobedience".

Nesin has been holding maths camps all around Turkey for 10 years. The camp building site was closed down on the grounds that it did not have permission. Selçuk prosecution launched an investigation with the charge of pirate education.

Nesin argues that a gathering of people to study maths can not be subject to permission. “We are not gathered here for education purposes, we do not offer diploma or certificate, we share and exchange maths. “ (antenna-tr.org, August 10-13, 2007)

Court deems Ayşenur Zarakolu’s name separatist

Court ruled out the attempt of naming a park in Diyarbakır after the human rights defender Ayşe Zarakolu who lost her life in 2002. District administrative court ruled that the park cold not be named with her name since she was someone who adopted separatist ideas and made propaganda in her books for a terrorist organisation as well as publishing other such books. General secretary of Diyarbakır council Fahrettin Çağdaş said that the council would meet in August to decide over the name of the park. Çağdaş noted that they could take the case to a higher court. (antenna-tr.org, August 10, 2007)

Two Journalists Investigated Under 301

Two journalists of the "Radikal" newspaper, Perihan Magden and Yildirim Türker, are being investigated under the charge of "degrading the state's armed forces" (Article 301).

On 29 June, prosecutor Ali Cakir in Bagcilar, Istanbul, who had conducted an investigation of Magden for an article entitled "State, you are painted all over tonight", had dismissed proceedings against the writer.

Magden had criticised the fact that there had been a publishing and broadcasting embargo on the find of a stock of ammunition in a house in Ümraniye, Istanbul. She is also being investigated for "creating dislike for the military service" in the same article.

Following a complaint by one Recep Akkus, journalist Yildirim Türker is also being investigated under Article 301/2.

In his article published on 8 July 2007 in the Radikal 2 Supplement, entitled "Invisible Attack", Yildirim had written about the indifference of state authorities and the media towards racism in the period leading up to journalist Hrant Dink's murder.

The article ended:

"The whole of society must react when, not 20 or 30, but even one person uses racist, discriminatory, threatening language. We have to look at the closeness of these disordered nationalist militia and the state and the Republican-Kemalist-theorists. Armenians are frightened and uneasy. How do you feel?" (BIA News Center, August 8, 2007)

Reopening of Bookshop Triggers Investigation

20 people are being investigated by the prosecution for their attendance at the re-opening of the bombed Umut bookstore in Semdinli, in the eastern province of Hakkari.

The bookstore made the headlines of the country after it was bombed on 9 November 2005. Three people were arrested as suspects, two of them gendarmerie officers and one a PKK-informer.

Among those being investigated for their attendance are former MPs Ahmet Türk, Selim Sadak and Hatip Dicle, now of the Democratic Society Party (DTP), the Diyarbakir mayor Osman Baydemir, publisher Seferi Yilmaz (owner of the bookstore) and Filiz Kocali, chairperson of the Socialist Democracy Party (SDP). Some of the people investigated have been elected MPs in the 22 July elections.

The bookstore was reopened on 18 March 2006, and the investigation has been opened one and a half years later under Law No. 2911 concerning Meetings and Marches.

Salih Yildiz, mayor of Yüksekova (in Hakkari) and former MP Selim Sadak reacted against the investigation in a statement to the Dicle News Agency. (BIA News Center, August 8, 2007)

Magazine on Trial for Three Articles

Cagri Karadag, and Kemal Bozkurt, owner and editor of the magazine "Revolution is the Only Way Movement" respectively, are on trial for two articles entitled "The Kurds are my brothers and the people in E-type prisons are your children" and "1 September World Peace Day".

The articles were published in the 8th issue of the magazine in September and October 2004.

Karadag and Bozkurt are being tried under the Article 7/2 (last paragraph) of the Law on Terrorism.

The 14th Heavy Penal Court in Istanbul decided at its last hearing on 31 April that defendant Bozkurt would be brought to the next hearing on 31 August by force.

In the first article it said:

"As those resisting become isolated, attacks increase. Let us unite our forces in order to create an effective resistance against the brutal attacks on the Kurdish movement, the systematic attacks on the revolutionaries and the torture. Practices of unity that have to be more effective than previous attempts need to be created."

This quote has been said to encourage violence and terrorism methods.

In the second article, an extract has been accused of the same crime:

"This is the time to start resisting attacks in our own region. This is our revolutionary duty. 1 September 2004, World Peace Day, must be a beginning of the building of a line of resistance that involves supporting the Kurdish movement and opposing F-type prisons.

The magazine is also on trial for another article, "No to YÖK". YÖK is the controversial Council of Higher Education in Turkey, which controls academic appointments and activities.

In the article, it said: "The fact that the students are exhibiting a central stand against the systematic attacks of the rulers will add to our power. It is time to touch water and soap [i.e. to take sides]. ... These efforts must be directed at revealing the anti-democratic practices of YÖK."

The Law on Terrorism was changed on 29 June 2006. The amended law says, "A person spreading propaganda is punished with one to five years in prison. If this crime is committed using the press and media, the punishment is increased by half. In addition, owners and responsible publishers of press and media organs who did not participate in the crime are nevertheless punishable with legal fines of between 1,000 and 11,000 days. The limit for those responsible for broadcasting/publishing is 5,000 days." (BIA News Center, August 7, 2007)

Orhan Pamuk's 301 Case Dropped

Writer Orhan Pamuk had been prosecuted for an interview given to the weekly Swiss "Das Magazin" in February 2005, in which he had said, "One million Armenians and 30,000 Kurds have been killed on this soil."

Pamuk had been prosecuted at the Sisli 2nd Penal Court for "degrading Turkishness" (Article 301), and a sentence of up to three years had been demanded. The case had then been dropped in January 2006 because the Ministry of Justice had withheld permission to judge.

The court had decided to try Pamuk under Article 159, the predecessor of Article 301 and had asked for permission from the Ministry of Justice. The case had been postponed until 7 February.

When the Ministry had replied on 20 January that "we do not have the authority to permit judgment", the court decided to drop the case immediately.

Supporters of Pamuk, including European Members of Parliament, had been attacked by nationalists when they attended the trial. The violence had attracted as much attention in Europe as the case itself. (BIA News Center, August 6, 2007)

RSF Condemns Attack on Journalist

The International Reporters Without Borders (RSF) organisation has denounced the attack of journalist Sinan Tekpetek.

Tekpetek of the "Özgür Hayat" (Free Life) newspaper and editor of the "yüzde 52 Öfke" (52 percent Anger) magazine, had given a press briefing at the headquarters of the Human Rights Association (IHD) in Istanbul on 28 July.

He said that he had been stopped by the police in Taksim, Istanbul, on the evening of 26 July. He was taken away in a police car, driven to a desolate place, where he was subjected to insults, death threats and violence. He was finally driven to a place near Karaköy (central Istanbul) and thrown out of the car.

According to the doctor's report, Tekpetek has two broken ribs and bruising on several places on his body. He was declared unfit to work for 20 days.

The journalist claimed that he did not know the reason for the attack. It may be due to the activities of the magazine or because of a court case related to h