Policing Human Rights Abuses in Turkey
Kurdish Human Rights Project
Compte d’auteur
The Diyarbakir Branch of the Human Rights Association of Turkey (IHD) in south-east Turkey was closed by the Turkish authorities in May 1997 and ten members of the executive/ management committee were prosecuted over allegations of '‘making propaganda” for and assisting the PKK (Kurdistan Worker’s Party), an armed opposition group in Turkey.
It is this prosecution that this report covers.
The Diyarbakir Branch faced permanent closure and the Defendants each faced up to 10 years in prison. However, on 11th May 1999, all ten Defendants were acquitted on the ground that there was insufficient evidence.
The basis of the allegations was that the members had in their possession, either at the offices of the IHD or in their own homes, documents deemed to reveal support for the PKK. The said documents included banned human rights reports and personal literature (poetry). In addition, further grounds for the prosecution were said to be telephone and fax communications with various legitimate non-governmental organisations throughout Europe, including the Kurdish Human Rights Project1.
The forum for the prosecution was the State Security Court (DGM), a military court entirely divorced from the civilian courts, in which the coram of three judges includes a military judge2.
The Turkish authorities have brought multiple prosecutions against the various branches of the IHD (as separate legal personalities) and in parallel, the associated executive members, since its inception ...
Table of contents
Foreword
Introduction
I Background
1.1 Historical Introduction
1.2 The Kurdistan Workers’ Party (PKK)
1.3 Broken Promises
1.4 HADEP
1.5 The Human Rights Association of Turkey (IHD)
1.6 IHD - Diyarbakir Branch
1.7 Previous Prosecutions of the IHD
1.8 The State Security Court (DGM)
1.9 The Arrest of Abdullah Ocalan
The Prosecution
2.1 The Defendants
2.2 The Alleged Offence
2.3 Legislative Framework
2.4 The Interim Closure of Diyarbakir Branch
2.5 The Defence
2.6 Prosecution History
2.7 The Hearing of 22nd December 1998
2.8 The Hearing of 9th February 1999
2.9 The Hearing of 16th March 1999
2.10 The Hearing of 11th May 1999
III Turkey’s International Obligations
3.1 The European Convention on Human Rights
3.2 Article 6: Right to a Fair Trial
3.2.1 “fair and public hearing”
3.2.2 “within a reasonable time”
3.2.3 “independent and impartial tribunal"
3.3 Articles 9 and 10 - Freedom of Thought and Freedom of Expression
IV . Interviews
4.1 Interview with Kerim Yildiz.
Executive Director of the KHRP
4.2 Interviews with the Residents of Diyarbakir
V Conclusions
VI Recommendations
Appendix
Annexe 1: The Indictment
Annexe 2: Related Legislation
FOREWORD
The Human Rights Association of Turkey (IHD) is an exceptional organisation. With branches throughout Turkey, it works tirelessly to uphold human rights. In a country where, for too long, human rights abuses went almost unnoticed by the international community, the IHD documents what is going on, disseminates reports and takes action.
Yet the IHD works in a climate of intimidation. IHD members have been prosecuted, tortured, imprisoned, and sometimes killed. Members of the IHD have been arrested on countless occasions for daring to raise the question of human rights abuses inflicted on the Kurdish people, and to suggest that steps be taken to solve the problem.
In 1997, the offices of the Diyarbakir branch of the IHD were raided. Ten executive members were arrested, and the branch was closed pending the outcome of their trial. The closure of the branch has had an adverse effect on human rights throughout the Kurdish regions. Not only has the scope for impartial reporting of human rights abuses in the region diminished, particularly in view of the limited access allowed to international visitors, but, as a teacher from Diyarbakir reported “the loss of the IHD means that those who have suffered have no place to go”.
Delegations from the Kurdish Human Rights Project and the Bar Human Rights Committee of England and Wales travelled to Turkey four times in late 1998 and early 1999 to observe the trial of the ten executive members of the Diyarbakir branch of the IHD. After two adjournments, and one occasion when the delegation was barred from the region, they were present when a not guilty verdict was recorded. This will, it is hoped, mean that the branch can re-open and return to work. Yet for two years, the people of Diyarbakir have lacked an organisation to represent them.
This report, produced thanks to the efforts of all the trial observers, documents the trial process, and records the views of those in Diyarbakir working to uphold human rights. Particular thanks are due to Edward Grieves, who participated in all four delegations, and whose tenacity and diligence in writing this report has contributed to a thorough and informative account of the current situation in Diyarbakir. In addition, the Kurdish Human Rights Project and the Bar Human Rights Committee of England and Wales would like to thank all those in Diyarbakir who made the missions possible, in particular the members of the IHD, who have been working to bring fundamental human rights to the regions over many years, in the face of enormous difficulties.
International trial observations are, we believe, a crucial part of the human rights process, as they demonstrate support for those working in the regions, and assist both Kurdish and Turkish people, and the Turkish government, by providing an impartial account of events.
The Kurdish Human Rights Project and the Bar Human Rights Committee of England and Wales commend the not guilty verdict on 1 l'h May 1999. We commend the openness of the final hearing on 11th May, when the international teams were allowed to view the trial without harassment, and we express the hope that such an approach will prevail at all other hearings throughout Turkey. We hope, finally, that the recommendations contained in this report will assist the international community and the Turkish government in the fight for human rights for all.
Kerim Yildiz
Executive Director
Kurdish Human Rights Project
Mark Muller
Vice-chairman
Bar Human Rights Committee of
England and Wales
Introduction
The Diyarbakir Branch of the Human Rights Association of Turkey (IHD) in south-east Turkey was closed by the Turkish authorities in May 1997 and ten members of the executive/ management committee were prosecuted over allegations of '‘making propaganda” for and assisting the PKK (Kurdistan Worker’s Party), an armed opposition group in Turkey.
It is this prosecution that this report covers.
The Diyarbakir Branch faced permanent closure and the Defendants each faced up to 10 years in prison. However, on 11th May 1999, all ten Defendants were acquitted on the ground that there was insufficient evidence.
The basis of the allegations was that the members had in their possession, either at the offices of the IHD or in their own homes, documents deemed to reveal support for the PKK. The said documents included banned human rights reports and personal literature (poetry). In addition, further grounds for the prosecution were said to be telephone and fax communications with various legitimate non-governmental organisations throughout Europe, including the Kurdish Human Rights Project1.
The forum for the prosecution was the State Security Court (DGM), a military court entirely divorced from the civilian courts, in which the coram of three judges includes a military judge2.
The Turkish authorities have brought multiple prosecutions against the various branches of the IHD (as separate legal personalities) and in parallel, the associated executive members, since its inception in 19863. The proceedings against the organisation branches are parasitic upon the proceedings against the members of the organisation as it is the members’ alleged crimes that form the basis of the prosecutions against the branches. Successful prosecutions mean prison for the members and closure for the IHD Branch in question. The prosecution analysed in this report is but one of many and simply a continuation of the sustained policy of harassment and oppression, through prosecution, of legitimate human rights organisations in Turkey.
This report is based on three actual observations. The hearing on 22nd December 1998 was observed by Edward Grieves, Rima Baruah and John Rud. The hearing of the 9th of February 1999 was observed by Edward Grieves and Kate McCrimmon. The hearing on 11th May 1999 was observed by Edward Grieves and Rajesh Rai.
A delegation comprising Edward Grieves, Rory Field, Antonia Mulvey and Simon Ridley flew into Diyarbakir on 15th March 1999 in order to observe the hearing scheduled for 16th March 1999. Unfortunately, the delegation was unable to observe the hearing as it was prevented from …
1 See '‘Interview with Kerim Yildiz, Executive Director of KHRP” post
2 Please see “The State Security Court” post
3 See "Previous Prosecutions of the IHD” post
Kurdish Human Rights Project
Policing Human Rights Abuses in Turkey
KHRP
Kurdish Human Rights Project
Policing Human Rights Abuses in Turkey
A Report on the prosecution of the
Human Rights Association of Turkey in Diyarbakir
May 1999
Kurdish Human Rights Project
Bar Human Rights Committee of England and Wales
The trial observation missions to Turkey and the publication of this
report were made possible through the financial support of
The Bar Human Rights Committee of England and Wales
Stichting Advocaten Voor Advocaten - Lawyers for Lawyers (Netherlands)
medico international (Germany)
Bishop’s Commission for MISEREOR (Germany)
The Winston Foundation for World Peace (USA)
The John Merck Fund (USA)
The Bromley Trust (UK)
The Lyndhurst Settlement (UK)
The Avenue Charitable Trust (UK)
Stichting Cizira Botan (Netherlands)
World Organisation Against Torture (Switzerland)
ACAT Suisse - Action des Chretiens pour I’Abolition de la Torture (Switzerland)
ISBN: 1 900 175 25 8
Published by the Kurdish Human Rights Project, London jointly with the
Bar Human Rights Committee of England and Wales.
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