Update on the Situation in Turkey
N°257, December 9, 2002
 

·  TURKISH GOVERNMENT ANNOUNCES NEW REFORMS EASING RETRAIL OF LEYLA
ZANA AND HER THREE DEP PARTY COLLEAGUES.  The Kurdish MPs of the Party for
Democracy (DEP ­ banned) who have been imprisoned in Turkey for the last
eight years on charges of "separatism" may soon be retried in the context
of the legal reforms being put before Parliament by the new government in
Ankara. The former Members of Parliament, including Leyla Zana, holder of
the 1995 Sakharov Prize awarded by the European Parliament for her work on
behalf of human rights, had been sentenced in1994. Their trial and
sentences had been condemned as unjust by the European Human Rights Court.

The legal reforms, placed before Parliament on 4 December by Prime Minister
Abdullah Gul's government could be adopted very soon as Turkey is trying to
multiply its chances of getting a firm date for the opening of negotiations
for membership of the European Union set at the Copenhagen summit. The aim
of this new series of reforms is to widen the legal grounds for appeals, in
line with the ruling of the European Human Rights Court, as Mr. Gul stated
in a communiqué on 5 December. "The appeals procedure ( ) has been
simplified and also covers sentences that have already been executed" said
the Prime Minister.

On 3 December the Government proposed to Parliament a first series of
reforms, in particular aiming at punishing more severely policemen accused
of torture and at lifting certain restrictions on press freedom. After the
meeting of the National Security Council (MGK), the government had decided
to separate the reforms covering the Kurdish MPs and the students who had
signed petitions in support of Kurdish language teaching from the first
reform package ­ to include them in the second.
 

· DEP CASE: EUROCOURT WILL HAND DOWN  VERDICT ON 
VIOLATION OF THEIR FREEDOM OF THOUGHT, OF CONSCIENCE AND
EXPRESSION. The European Human Rights Court will hand down its verdict on
10 December 2002 in the case of Dicle (on behalf of the DEP)  v. Turkey
(petition N° 25141/94).  Hatip Dicle had presented a petition in his own
name as well as that of the DEP (The Party for Democracy) of which he had
been President till its dissolution by the Constitutional Court in 1994.

The DEP was founded on 7 May 1993.  The eighteen members of Parliament who
were members of the HEP (People's Labour Party: Halkin Emegi Partisi),
dissolved by decree in July 1993, and who had been elected in 1991 on a
joint list with the SHP (Social Democratic Party) then joined the DEP to by
pass the impending ban. On 2 November 1993 the Public Prosecutor started
proceedings to ban the DEP in its turn. He accused it of being in breach of
the Constitution and the law regulating political parties on the basis of a
written statement of its central committee and of two speeches by the
former DEP President at two meetings abroad, one in Germany and one in
Iraq. The DEP lawyers had asked the Constitutional Court to hold a hearing,
pointing out that the dissolution of the party would be contrary to
international rulings and challenging the legality and authenticity of the
video recordings of the meetings held abroad.

By a ruling dated 16 June 1994, the Constitutional Court decided to
dissolve the DEP on the grounds that its activities were an attack on the
"territorial integrity of the State and the unity of the nation".  Moreover
the thirteen DEP members of the Turkish Grand National Assembly, as well as
Mr. Dicle, were stripped of their parliamentary seats. The Constitutional
Court accepted that the contentious statements referred to the existence in
Turkey of a distinct Kurdish people, stressing that this people was
struggling for independence and projected the recognition of a Kurdish
identity with all its consequences ­ namely the creation of an independent
state by the destruction of the existing one. It considered, moreover, that
it referred to equality between the two nations and that "the acts of a
terrorist organisation were presented as a fight for independence". The
Court concluded that DEP's activities were covered by the restrictions
defined in Art. 11 para. 2 of the European Convention on Human Rights.
The petitioner alleged that the dissolution of the DEP and the accessory
sanctions inflicted on it were an infringement of Articles 9 (freedom of
thought), 10 (freedom of expression of the Convention. Furthermore,
involving Article 14 (banning of discrimination) the petitioner complained
of discrimination against the DEP because of the political opinions it
represented. Finally, on the basis of Article 6 section 1 (right to a fair
trial) the petitioner denounces the absence of any public hearing in this case.

 Turkey not to intervene unilaterally to control
the Iraqi Kurds in the event of a war, according to a report in the Turkish
daily Hurriyet. The Turkish authorities, in the past, have threatened to
counter, armed force, any attempt by the Iraqi Kurds to declare their
independence. "The best thing to do is to act by agreement with the United
States and with the (Kurdish) inhabitants" stated Mr. Wolfowitz in an
interview given to during his visit to Ankara. In the event of military
action against Baghdad "We wish to see coordinated efforts against Iraq,
and particularly in Northern Iraq" he stated. "I think that it would be
much more useful for Turkey to act in the framework of a coalition rather
than act unilaterally to protect its interests in Northern Iraq" he added.
Turkey, which has a 400 Km long border with Iraqi Kurdistan, fears that the
disintegration of President Saddam Hussein's regime in Iraq might encourage
the Iraqi Kurd's aspirations to independence and, in consequence, that of
its own Kurdish population on their side of the border.

"Turkey has assured us that, if it should intervene, it would not be an
invasion but just a temporary measure to protect its interests" stated Mr.
Wolfowitz. Turkey has, for several years, maintained hundreds of soldiers
in Iraqi Kurdistan, officially to fight the Kurdistan Workers Party (PKK)
guerrillas. The former government, led by Bülent Ecevit, had threatened the
Iraqi Kurds with military intervention should they declare their
independence or seize the Mossoul oilfields in the North of the country.
The Turkish Army authorities also declared their intention of setting up a
cordon sanitaire in Iraqi Kurdistan in the event of american military
action, claiming that such a cordon was necessary to avoid a possible flood
of refugees into Turkey.

Ankara, which is always ready to recall that half a million refugees had
crossed its borders in 1991 following the Baghdad regime's offensive
against the Kurds, in no way wants to be confronted with such a problem
again. Consequently the Turkish authorities have planned to set up several
refugee camps on the Kurdish side of the border. They state that they will
only admit refugees on their territory as a last resort. Mr. Wolfowitz, who
had discussions with representatives of the newly elected Turkish
government in Ankara on 3 and 4 December, stressed that the question of
Iraqi oil was a matter that concerned everyone and reaffirmed the U.S.
support for the territorial integrity of Iraq and their opposition to any
attempt at secession by the Iraqi Kurds.
 

· STATE OF EMERGENCY OFFICIALLY LIFTED ON THE LAST TWO KURDISHN
PROVINCES OF DIYARBEKIR AND SIRNAK.  On 30 November, the State of
Emergency, imposed for the last fifteen years on Turkish Kurdistan as part
of their repression by the Armed forces, was officially lifted on the last
two Kurdish provinces of Diyarbekir and Sirnak, in accordance with the
decision of parliament voted in June 2002 and welcomed at the time by the
European Union. The European Union calls for deep-reaching political
reforms and an improvement in the Human Rights situation in Turkey as
preconditions for the opening of negotiations for the membership for which
Ankara hopes. "A new, normal, period is beginning for the region" declared
Minister of the Interior Abdulkadir Aksu in Diyarbekir.

The Human Rights defence organisations have long criticised this State of
Emergency, which grants wide powers of arrest and detention to the security
forces. It had been imposed in 1987, three years after the Kurdistan
Workers' Party (PKK) had launched its campaign of armed struggle which has
led to 30,000 deaths ­ predominately Kurdish. The clashes have dropped
substantially since the capture of the PKK chief, Abdullah Ocalan, in 1999,
and his orders to his followers to switch their struggle to the political
and cultural fields.

The Kurdish inhabitants of Diyarbekir welcomed the lifting of this State of
Emergency as a first step, hoping that it will enable the restoration of
peace and improve the economic situation. According to a report of the
Council of Europe dated July 2002, the Diyarbekir are even much more
backward in matters of Human Rights than in the rest of the country.
Detainees are often prevented from having access to lawyers and torture is
prevalent.

The State of Emergency gave increased powers to the civil and military
authorities, in particular allowing them to limit press freedom and civil
liberties. Clashes in Kurdistan have given rise to many violations of Human
Rights by the authorities. For business circles, the end of this "abnormal"
situation should increase investment in the region ­ the most disadvantaged
region of the country, especially compared with the industrialised West of
Turkey.

However, the Kurdish press reports that some 400 villagers of the Andaç
district of Sirnak Province left their village on 6 December for the Iraqi
border, after being threatened and humiliated by the gendarmerie commander,
who does not seem to be bothered by the return to a normal regime in the
area. The villagers have threatened to ask for political asylum in Iraqi
Kurdistan if the police brutalities did not stop.

· E.U-TURKEY:  RECEP TAYYIP ERDOGAN'S MARATHON TOUR  BEFORE
COPENHAGEN SUMMIT.  On 9 December, Recep Tayyip Erdogan, leader of the
party in office in Ankara, started his final diplomatic offensive to
extract a firm date for his country's membership of the European Union at a
time when Turkey is anxious about the decision awaiting it from the
Copenhagen Summit on 12/13 December. Mr. Erdogan, who has already visited
14 of the 15 member countries of the E.U. in the last few weeks, is
returning to Copenhagen for discussions with the Danish Prime Minister,
Anders Fogh Rasmussen, whose country holds the Presidency of the Union just
now and who, consequently, is the organiser of this Summit, essentially
devoted to the enlargement of the Union. He will then visit Washington on
10 December before again returning to Copenhagen to take part in the Summit
beside Prime Minister Abdullah Gul and the Foreign Minister Yasar Yakis.
Turkey has "less than 50% of a chance" of getting a firm date for starting
negotiations for membership at the European Union Summit, Mr. Erdogan
stated to journalists in the plane taking him from Ankara to Copenhagen.
Asked whether his country's changes would be increased by his planned White
House meeting with US  President G.W. Bush (who wants ostensibly wants
Turkey inside the EU as soon as possible) considered this meeting might
play a role. He specified that the government formed by his Justice and
Development Party (AKP) was working to secure the adoption of new
democratic reforms between now and the Summit.

Declared ineligible for standing at the General Elections of 3 November ­
which was overwhelmingly won by his party, an offshoot of the islamist
trend ­ because of a previous condemnation for "incitement to religious
hatred", Mr. Erdogan is, officially, only the leader of the AKP party. But
he enjoys a real degree of power in his country and could well, following
some Constitutional amendments, shortly enter Parliament and become Prime
Minister. Mr. Erdogan, in the wake of his party's victory of 3 November,
had undertake a marathon tour of the countries of the European Union to
secure the go ahead of the European Summit by visiting all the member
states of the union between the 13th and 29th November, except for Austria
that was in the middle of a General Election. But some observers considered
that his tour was also to consolidate his own political legitimacy, both in
Turkey and abroad, seeing that, for the moment, he has no place in the government.

The AKP leader will visit Washington to meet President Bush for discussions
on Iraq at a time when the US is seeking to ensure Turkish support for
military action against Baghdad. Apart from promises of economic aid, Mr.
Erdogan will most certainly secure Mr. Bush's strong support for his
efforts to enter the E.U.

Since 1999, Turkey has had the official status of candidate for membership
and insistently demands a firm date for the opening of negotiations for
membership. The European Commission, however, considers Turkey, despite its
recent abolition of capital punishment and the lifting of the State of
Emergency in the Kurdish provinces, has not made sufficient progress in the
way of democratic reforms. Several countries, including Italy, Great
Britain and Portugal, have, nevertheless, spoken out in favour of giving
Turkey a firm date while others, like France and Germany, propose
conditionally, the date of 2005 ­ provided Turkey continues the reforms
stated. On 5 December, President Jacques Chirac had announced that France
and Germany had proposed to the Union Presidency that negotiations for
membership should start with Turkey in 2005, if Ankara observed "the
Copenhagen criteria integrally and fully".

"It is now 40 years that Turkey has been waiting at your door and asking to
come in " said Mr. Erdogan indignantly on 6 December. " You have set dates
for negotiating with countries that only applied for membership 10 years
ago and that are still short of fulfilling all the criteria for membership"
he stated. "It is not possible to see any sincerity in imposing this long
wait on Turkey" he said. "By your attitude you are affirming that you are a
Christian club" he accused, then adding that if you do not give Turkey a
firm date for starting negotiations "you will continue to contribute to the
so-called clash of civilisations" Mr. Erdogan also described as
"unacceptable" the Franco-German proposal. "We must go over all this again
in the context of our final lobbying efforts with the French, Germanys and
the (Danish) Presidency at present in office" he said.
 

· FOREIGN MINISTER OPENS TURKISH AIR SPACE
TO  AMERICANS THEN TRIES TO DENY IT. The Turkish Foreign Minister, Yasar
Yakis, declared on 3 December that the US Air Force could operate from
Turkey if UNO approved military action against Iraq, but a few hours later
his Ministry that this was just a possibility, not a Turkish commitment.
At the end of discussions with US Assistant Secretary for Defence, Paul
Wolfowitz, Mr. Yakis explained that Turkey was not in favour of a war
against its Iraqi neighbour. "But if we reach that point, we will of
course, cooperate with the United States because its is a major ally and we
have excellent relations with it" the Minister had declared. This
cooperation would take the form of "in the first place opening its air
space and the use of installations in Turkey" he had added, stressing that
all military action in Iraq should be with UN approval. But a few hours
later, the Turkish Ministry of Foreign Affairs published a communiqué
stating that Mr. Yakis' remarks were not a commitment by Turkey to
Washington. "The fact that he referred to these possibilities do not
constitute a commitment by Turkey because these possibilities have not yet
been the subject of discussions with any other country" specified the
Foreign Ministry's communiqué, adding "We are issuing this communiqué to
clarify the news" which had been widely broadcast by the Turkish media.
 

· EUROCOURT FINDS TURKEY GUILTY OF BREACHING FREEDOM
OF EXPRESSION.  On 5 December, the European Human Rights Court found Turkey
guilty of a breach of the freedom of expression of the author of a book of
interviews with Abdullah Ocalan. The Ankara government must pay Yalçin
Küçük, 64 ye3ars of age, 4,000 euros damages as well as 1,500 euros legal
costs for its violation of Article 10 of the European Convention on Human Rights.

Y. Kuçuk had been found sentenced to a year's imprisonment and a fine of
100 million TL for "separatist propaganda" after he had published a book
entitled "In the Kurdish Garden" reproducing, in the form of questions and
answers, an interview he had had with the chief of the Kurdistan Workers'
Party (PKK). The work was confiscated.

The European Court stressed that it was "conscious of the concerns of the
authorities that feared that words or actions might aggravate the existing
security situation in the south-east" of Turkey but it considered "in fact
that the book as a whole does not incite anon to violence, to armed
resistance or to any uprising". The Turkish courts had considered that Mr.
Kuçuk's book "divided the Republic of Turkey into two parts: Turkey and
Kurdistan and that it was propaganda for the formation of a Kurdish State".
Certain passages of Mr. Kuçul's book, published in April 1993, referred in
particular to the "programme of cultural autonomy for the Kurds".
 

· TWO NEW VICTIMS OF HUNGER STRIKE IN TURKISH PRISONS.
Two new detainees on hunger strike died on 30 November, bringing the number of
prisoners who have died of starvation since the start of the hunger strike
to at least 60. The strike is against protest against the "reform" of
penitentiary conditions. The reforms opponents consider that they expose
detainees to police brutality. The government considers that the reforms
conform to European standards and consider them necessary to break the hold
of criminal gangs and movements of political activists in the large prison dormitories.

Whereas the bulk of the hunger strikers, who are all from Left-wing groups,
have ended their hunger strike, there are still about twenty who are
continuing to fast, according to estimates by the Human Rights defence
movements. The keep alive for hundreds of days by drinking sugared or salty
water and taking vitamins.
 

· CLASHES BETWEEK KADEK AND TURKISH SOLDIERS IN IRAQI KURDISTAN.
Three Turks were killed and two others wounded in an ambush at the end of November in Iraqi
Kurdistan by members of the Kurdistan Workers Party (PKK ­ renamed KADEK),
according to a report of 2 December in the independent Kurdish paper
Jamawar. According to the paper, published in Erbil (Iraqi Kurdistan) the
five people were, at that moment of the attack, on a Turkish security
forces vehicle near Sarsang, in the Kurdish province of Dohuk, near the
Turkish border, where Turkish Army units are deployed. "Three occupants of
the car were killed and two others seriously wounded in an ambush at the
end of November near Sarsang" the paper indicated. The Sarsang region is
100 Km from the Turko-Iraqi border.