 'W & Torture: Two Trial Observations
Kurdish Human Rights Project
Compte d’auteur
In July 2002 two London based Barristers, Richard Heller and Peter Lowrie, travelled to Turkey as a KHRP and BHRC delegation to attend and observe two important and contrasting trials. Firstly the delegation travelled to Diyarbakir to observe the ‘W’ trial as part of the ongoing reportage of the denial of Kurdish language rights. The defendants in this action are members of the Human Rights Association of Turkey (IHD), an organization with which the KHRP and BHRC have close links. While in Diyarkabir the delegation had the opportunity to hold meetings with unions, the Human Rights Foundation, HADEP, the Diyarbakir Bar Association, the Human Rights Committee and individual Kurdish lawyers. The delegation then travelled to Simak to observe the ongoing efforts of lawyers from the Human Rights Association (including several of those charged in the ‘W’ trial) in their representation of alleged victims of torture. The delegation was one of the first to visit Simak since the unilateral ceasefire declared in 1999.
The delegation was able to observe the pressures on human rights lawyers who were defendants one day and representatives the next. The contrast between the approach of the authorities to proceedings against Kurdish lawyers ...
The Kurdish Human Rights Project (KHRP) is an independent, non-political, non-governmental human rights organisation founded and based in London, England. KHRP is a registered charity and is committed to the promotion and protection of the human rights of all persons living within the Kurdish regions, irrespective of race, religion, sex, political persuasion or other belief or opinion. Its supporters include both Kurdish and non-Kurdish people.
The Bar Human Rights Committee (BHRC) is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world. Tt is also concerned with defending the rule of law and internationally recognised legal standards relating to the right to a fair trial. The remit of the Bar Human Rights Committee extends to all countries of the world, apart from its own jurisdiction of England & Wales.
The Human Rights Association (IHD) was established by 98 human rights defenders on 17 July 1986. IHD strives for the creation of social, political and cultural conditions that are in line with the democratic standards and human dignity in Turkey. During 15 years of existence, the IHD has organised more than 70 symposium/conference and public debates on several human rights issues and more than 15 campaigns on specific issues ranging from freedom of opinion to the abolishment of death penalty.
Table of Contents
Foreword / 1
Introduction / 2
Section 1: Turkey’s International Obligations / 3
1.1 The European Convention on Human Rights / 3
1.2 The Rights of Human Rights Defenders / 6
Section 2: The ‘W’ Case / 8
2.1 Background / 8
2.2 The Indictment / 8
2.3 What is Newroz? / 9
2.4 The Hearing / 10
2.5 The Defence / 11
2.6 Breaches of the Convention / 12
Section 3: Torture / 14
3.1 Introduction / 14
3.2 Legal Framework / 15
3.3 The Human Rights Foundation Treatment and Rehabilitation Centre / 16
3.4 Trial Observation in Simak / 17
3.4.1 Traveling to Simak / 17
3.4.2 Background / 17
3.4.3 The Hearing 18
3.5 Issues Arising from the Torture Allegations / 19
3.5.1 Prolonged Police Custody / 19
3.5.2 The Role of Doctors / 20
3.5.3 The Role of Prosecutors / 21
3.5.4 The Failure to Investigate / 22
Section 4: Meetings / 24
4.1 Introduction / 24
4.2 The Education Union: Diyarbakir Branch / 24
4.3 HADEP (pro-Kurdish People’s Democracy Party) / 26
4.4 Offices of Bestas & Bestas (Law Firm) / 28
4.5 Diyarbakir Bar Association / 29
4.6 Human Rights Foundation of Turkey 30
4.7 Human Rights Association of Turkey (Diyarbakir Branch) / 32
4.8 A Chance Meeting / 34
Conclusion / 36
Appendices
A. ‘W’ Trial Indictment
B. Torture Trial Indictment
C. Torture Trial - Document Related to Preliminary Investigations
D. Domestic Legislation - Excerpts
E. UN Resolution on the Declaration on the Right and Responsibilities of Individuals-Excerpts
FOREWORD
In July 2002, the KHRP and the Bar Human Rights Committee of England and Wales sent a delegation to South East Turkey to observe two important trials in order to investigate concerns that the prosecutions do not meet internationally recognised standards of justice. The first trial, held at the Diyarbakir State Security Court, addresses the area of language rights as it concerns the defendants’ illegal use of the Kurdish spelling of a word. The second trial, held in Sirnak, investigates allegations of torture. In the face of widespread allegations and numerous NGO reports documenting the ongoing practice of torture in Turkey, it is apparent that there are inherent structural and legal limitations to the effective operation of the rule of law in the country despite the three reform packages passed this year by the Turkish Parliament.
Accession to the European Union (EU) remains one of the Turkish Government’s primary objectives during this first decade of the twenty-first century. It has long recognized (although perhaps never expressly) that it must dramatically improve its human rights record before accession can become a reality. All applicant states wishing to gain membership to the EU must guarantee “democracy, the rule of law, human rights, and respect for and protection of minorities.” Despite the assurances of the Turkish Government that the human rights of the Kurdish population are being rigorously observed, the continued use of anti-terror legislation to imprison those pursuing legitimate activities, and the number of people still complaining of the use of torture when in police detention would suggest otherwise. This report explores the two areas of language rights and torture, and while it is not supposed to represent a comprehensive study of both areas, it goes some way towards highlighting quite how far Turkey still has to travel on the road to Strasbourg.
Kerim Yildiz / Mark Muller / Reyhan Yalcindag
Executive Director / Vice President / Deputy Chair
Kurdish Human Rights Project / Bar Human Rights Committee / IHD Diyarbakir
Introduction
In July 2002 two London based Barristers, Richard Heller and Peter Lowrie, travelled to Turkey as a KHRP and BHRC delegation to attend and observe two important and contrasting trials.
Firstly the delegation travelled to Diyarbakir to observe the ‘W’ trial as part of the ongoing reportage of the denial of Kurdish language rights. The defendants in this action are members of the Human Rights Association of Turkey (IHD), an organization with which the KHRP and BHRC have close links. While in Diyarkabir the delegation had the opportunity to hold meetings with unions, the Human Rights Foundation, HADEP, the Diyarbakir Bar Association, the Human Rights Committee and individual Kurdish lawyers. The delegation then travelled to Simak to observe the ongoing efforts of lawyers from the Human Rights Association (including several of those charged in the ‘W’ trial) in their representation of alleged victims of torture. The delegation was one of the first to visit Simak since the unilateral ceasefire declared in 1999.
The delegation was able to observe the pressures on human rights lawyers who were defendants one day and representatives the next. The contrast between the approach of the authorities to proceedings against Kurdish lawyers and those against civil servants accused of torture was a marked one. On a wider scale the delegation was able to assess the implications of the unilateral ceasefire in people’s daily lives and whether or not the human rights situation has improved in 2002. Specifically with regard to the ongoing problem of torture, the delegation was able to assess the present frequency of allegations of torture in Diyarbakir. The Turkish authorities have often been encouraged by international human rights organizations to improve the judicial machinery in place to deal with allegations of torture. Observing the ongoing trial in Simak presented an opportunity to give an overview of the problems facing victims of torture who assert their right to justice.
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Kurdish Human Rights Project
'W & Torture
Two Trial Observations
Compte d’auteur
Compte d’auteur
‘W’ & Torture:
Two Trial Observations
Kurdish Human Rights Project
Bar Human Rights Committee
Human Rights Association
September 2002
‘W’ & Torture: Two Trial Observations
This report was written by Peter Lowrie and Richard Heller.
The report was edited by Kerim Yildiz and Angela Debnath.
Kurdish Human Rights Project
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Printed in Great Britain
September 2002
Published by the Kurdish Human Rights Project
ISBN 1 900175 53 3
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