• PARTIAL AMNESTY LAW FAILS TO PASS IN  PARLIAMENT.  On 23 July, the Turkish Parliament failed to secure a two thirds majority needed to pass the one of the articles of the law foreseeing a partial amnesty for Kurdish fighters, and the law was returned to be examined in commission. This central clause of the law, provided for the total discharge of activists who had committed no crimes other than that of having been members of an illegal pro-Kurdish organisation. Of the 550 members of parliament, 313 voted for the law, but the People Republican Party (CHP) — the only opposition party in Parliament — argued that this clause virtually amounted to a total and unconditional amnesty and so needed a 60% majority for adoption. This vote is a setback for the Justice and Development Party (AKP) in office. Of its 365 MPs five voted against the Bill and 53 others absented themselves when the vote was taken. Following this setback, the Justice Parliamentary Commission withdrew the Bill before the other clauses were discussed.

The debate begun in Parliament, on the evening of 22 July, of this amnesty Bill for activists who laid down their arms was intended to put an end to nearly two decades of conflict between Ankara and the Kurdistan workers’ Party (PKK). Announced in June 2003, this amnesty has already been rejected by the leaders of the PKK, who have threatened to take up arms again. “The law imposes repentance” pointed out the PKK leader Murat Karayilan, according to the pro-Kurdish daily Ozgur Politika. According to him, the Bill envisages “killing off those who do not surrender and inform on others”. “If they want annihilation and renouncement we will have only one choice: a war for our honour” he had then affirmed.

The Turkish authorities hope that some 2,000 activists might apply for and receive this amnesty, which would accelerate the dismantling of the PKK. Sentences for activists implicated in political violence should be reduced to half or three quarters — provided they give information on their illegal activities. But senior leaders of the movement are excluded from this barely disguised “law of repentance”, which is the eighth one adopted to date by a Turkish government — with very limited results. Turkish and Kurdish civil society expect a real amnesty law allowing all the guerrillas and political prisoners to return home, thus turning the page on the terrible period of the State’s “dirty war" and the PKK bloodthirsty armed struggle.

Moreover the United States have warned the PKK fighters that have withdrawn to Iraqi Kurdistan that they must leave the region or be driven our by force. Robert Pearson, the American Ambassador to Ankara declared in an interview published in the Turkish daily Hurriyet: “We want no threat to Turkey to remain in Iraq”, stressing that the United States was determined to empty Iraqi Kurdistan of fighters from Turkey. “Either they surrender or they expose themselves to the consequences of their actions (…) The alternative is the use of military force. They are Turkish citizens, not Iraqis. They must return home to Turkey” added the American Ambassador.

Turkey has deployed troops in Iraqi Kurdistan since 1977, invoking its own security from the PKK. But, according to observers in Ankara, Washington now wants this military presence to end. Relations between Washington and Ankara, allies in NATO, have become more tense following several differences linked to the Iraqi war.

• RE-TRIAL OF LEYLA ZANA AND COLLEAGUES: OBSERVERS DENOUNCE “PARODY OF JUSTICE.  In the course of the fifth hearing, on 18 July, of the trial of the Kurdish former Members of Parliament for the Party for Democracy (DEP) — Leyla Zana, Orhan Dogan, Hatip Dicle and Selim Sadak — the Ankara N°1 State Security Court once again refused their release on bail and adjourned the hearing till 15 August.

The Court proceeded with hearing witnesses for the defence, including Dr. Ozden Ozdemir, an ophthalmologist who had treated a local leader of the PKK. She was thus able to show that she had never been contacted by Orhan Dogan to examine this patient, as the Turkish authorities had affirmed.

The State Security Court also heard a former president of the Diyarbekir Bar Association, Fethi Gumus, who declared that Leyla Zana and Selim Sedak, like other Kurdish public figures and Human Rights defenders, had indeed met clan chiefs to try and smooth out inter-tribal conflicts, but that “the PKK had never been mentioned” during these encounters. Five other witnesses also bore witness to the same effect: Nevzat Kaya and Serif Gundug, respectively members of the Metina and Zirka tribes, Selahattin Acar, member of the Turkish Human Rights Association, Veysi Parilti, former President of the Mardin Section of the DEP party and yet two other witnesses. They all declared that they had been present at discussions that the members of parliament had had with Mehmet Serif Temelli, chief of the Mettina tribe. Nevzat Kaya, a member of that same tribe added that, although he had been a political opponent of Leyla Zana and Hatip Dicle, he had accompanied the former MPs to this meeting and that no reference to the PKK had been made at this meeting, contrary to the Prosecution’s claims.

The ex-MPs, who had not all had the opportunity of expressing themselves, through lack of time, gave the floor to Leyla Zana who declared in all their names that they had carried out activities in support of peace in the region and to stop the bloodshed. “Our  only choice is the road that leads to light. A return to the past is never a real choice :this has cost too much in lives, energy and in money” declared L. Zana, adding that “this region can no longer bear the tears, the pain of mothers, the blood shed and the tombs”.

Many observers, Members of the European Parliament, officials of several embassies of European Countries and the United States as well as leaders of political parties and NGOs were present at the hearing. Ozan Ceyhun, a Member of the European Parliament, elected in Germany but of Turkish descent, sharply criticised the conduct of the trial and added “In a period when those charged for the Susurluk scandal are left free, when they have even been granted free pardon by President Sezer, the three judges who refuse bail to the DEP ex-MPs are a disgrace to Turkey. I am deeply shocked and disappointed …  I would also like to say that the chances of Turkey joining the European Union are slim. Brussels is waiting for a report from me and the fact that it may be unfavourable is due to these judges”.

Following the hearing, the International Federation for Human Rights (FIDH), that had mandated an observer to the trial made public a communiqué : “The trial of the Kurdish former MPs is an illustration of violations of Human Rights which the Kurdish people of Turkey face …  Freedom of expression and association remain extremely limited by the legal and public authorities …  The trial also illustrates the non-application of the legal reforms adopted in Turkey…” stressed the organisation that demands “the immediate  release of the Kurdish ex-MPs in the absence of any valid reasons for adjourning the trial” and described the retrial of the former MPs as a “parody  of  justice”.

• CONDEMNATIONS  FOR “TORTURE” BY THE EUROPEAN COURT FOR HUMAN RIGHTS.  On 24 July, the European Court for Human Rights found turkey guilty of having deliberately set fire to the home of a sympathiser of the Kurdistan Worker’s Party (PKK). The court considered that in so doing turkey had violated Articles 3 (banning torture an inhuman and degrading treatment), 8 (right to respect of a person’s home), 1 (protection of property) and 13  (the right to effective recourse) of the European Convention on Human Rights, and awarded 54,000 euros material and moral damages to Celattin Yöyler.

In September 1994, the gendarmes had set fire to his house in the village of Dirimpinar, attached to the  Malazgirt Prefecture, after three young women, who were all distant relatives of the petitioner, had decided to join the PKK. The Court considered that “it is proven beyond reasonable doubt that the forces of order had deliberately set fire to Mr. Yöyler’s house, forcing his family to leave the village”. An enquiry open after the events soon got bogged down, the legal authorities failing to go on the scene for two years and three months after receiving M. Yöyler’s complaint.  Mr. Yöyler, who has been imprisoned several times and threatened with death because of his political activities, was Imam of the Dirimpinar village from 1966 to 1994.

Furthermore, on 22 July, the European Court found Ankara guilty of “torture and inhuman and degrading treatment” in three other cases (Editors Note:  Tepe v. Turkey, Esen v. Turkey and Taz v. Turkey) by people of Turkish origin detained for “membership of the PKK organisation”. The European Court decided to award damages and costs to the three plaintiffs — 21,780 euros to Ayse Tepe, 19,000 euros to Hakim Esen and 34,000 euros to Oya Yaz.

On the same day, Ankara decided to “settle out of court” two other cases brought by Ozgur Kilic and Mahmut Sunnetçi, who accused the Turkish police authorities of torture. Compensation of 27,000 euros will be paid to the first and 25,000 euros to Mr. Sunnetçi.

• TURKEY DISCUSSING OPPORTUNITY OF SENDING TROOPS TO IRAQ.  According to the Turkish authorities, then United States have asked Turkey to supply soldiers for operations to maintain order in Iraq. The Turkish press thinks that the American request was made during he discussions that Turkish leaders had on 18 July with two top ranking American Generals, whereas the American authorities in Ankara maintain that the request came rather from the Turkish authorities. The head of the Turkish Foreign Office, Abdullah Gul visited the United States on 23  July to have talks with his American opposite number, and details of the American request may be made public following this visit.

The authorities of Iraqi Kurdistan, for their part, have declared that they had no objection to this deployment, but that the Turkish soldiers would have to be posted in the Baghdad region or the South, and under Allied command, and not in Iraqi Kurdistan where security is guaranteed by the Kurdish peshmergas.

Americano-Turkish relations, already damaged by differences linked to the Anglo-American intervention in Iraq had deteriorated still further with the temporary arrest of eleven Turkish soldiers by American forces in Kurdish territory. The Americans had justified this arrest by saying that they had intended assassinating an Iraqi Kurdish leader.

Bulgaria, Hungary, Poland and Rumania have already accepted to carry out patrols in Iraq, where the American forces are at present confronted with a campaign of harassment by daily attacks, often with mortal results.

•  KURDISH MUSICIANS LOCKED UP FOR ADVOCATING GENERAL  AMNESTY ON CHARGES BASED ON LAW SUPPOSEDLY REPEALED BY PARLIAMENT.  A Kurdish singer, locked up for “separatist propaganda” after having called for a general amnesty for the Kurdish fighters on Turkey, has been released — but legal proceedings against him are being pursued.  “The cassette of my concert that was analysed by the State Security Court that was suing me clearly shows that I did not make any appeal in favour of the PKK” explained Ferhat Tunc, charged for breach of Article 8 of the Anti-Terrorist Act. Freed on 16 July, the Kurdish singer must nevertheless face trial — in principle on 12 August, his lawyer , Erdinc Firat, indicated. He also pointed out that four other artists, who had performed at the same concert, were also being charged.  They latter are all free.

The singer had called for a general amnesty for the Kurdish fighters of the PKK (renamed KADEK) so “that the region might find some peace”. All this even as the government is preparing a partial amnesty Bill for repentant Kurdish activists, and as the People’s Democratic Party (DEHAP) has just published a petition with a million signatures calling for a general amnesty.

Moreover, the members of the Turkish Parliament had, on 15 July, confirmed their earlier vote calling for the abolition of this very Article 8 of the Anti-Terrorist Act — a very controversial clause regarding “propaganda for separatism”. This clause, is still widely used for jailing writers and intellectuals who advocate respect for Kurdish rights. This second vote by Parliament followed on its veto by President Ahmet Necdet Sezer who considered that this measure might represent a danger to the country’s security. The Turkish President, who has the right to veto a measure only once, must now approve the law or apply to the Constitutional Court to seek its annulment.

• PETITION FOR “FREEDOM FOR LEYLA ZANA, HATIP DICLE, ORHAN DOGAN AND SELIM SADAK. The Movement against Racism and for Friendship between Peoples” (MRAP) has been collecting signatures, since April, for a petition for “Freedom for Leyla Zana, Hatip Dicle, Orhan Dogan and Selim Sadak” stressing that “the arrest and sentencing of elected representatives for political reasons is a serious attack on democracy”.

The under-signed demand: the unconditional liberation of the members of Parliament Leyla Zana, Hatip Dicle, Orhan Dogan, Selim Sadak, the freeing of all Kurdish and Turkish political prisoners and the recognition of the political and cultural rights of the Kurdish people.

The first signatories include: Patricia Adam, députée ; Sylviane Ainardi, députée européenne ; Mouloud Aounit, secrétaire général du MRAP ; Barrier Michel Conseiller Général (76) ; Barth Noëlle Adjoint au maire de Tomblanne (54) vice président de l'ANECR ; Bathias Chantal Conseiller Régional Bourgogne ; Blanchard Alain Conseiller Général ; Alain Bocquet, Président du groupe communiste à l'Assemblée Nationale ; Patrick Bloche, député de Paris (PS) ; Armonie Bordes, députée européenne LO ; Nicole Borvo, PCF, sénatrice ; Robert Bret, sénateur PCF ; Yasmine Boudjenah, PCF, députée européenne ;Danielle Bousquet, députée ; Jean Pierre Bouvet, conseiller général UMP ; Alain Callès, membre d'honneur du Forum Pour la Démocratie au Moyen-Orient ;Carin Claudine Vice président Conseil Régional Nord Pas de Calais ; Marie Arlette Carlotti, PS, députée européenne ; Chantal Cauquil, députée européenne LO ; Jacques Chantre, rescapé de Dachau, matricule 73248 ; Antoine Chassin (FASTI) ; Janine Chene, universitaire ; Philippe Chesneau, Conseiller Régional PACA ; Jean-Marc Coppola, PCF, vice-président du Conseil Régional PACA ; Jean Cordillot, conseiller régional Bourgogne ; Jean-Pierre Dufau, député (PS)Frédéric Dutoit, PCF, député ; Joël Dutto, PCF, vice-président du Conseil général 13 ; Jean Ehrard, professeur d'université ; Elmalan Mireille Maire de Pierre Benite (69) ; Patrick Farbiaz, responsable de la commission transnationale des Verts ; Jean-Jacques de Félice, président du Comité central de la Ligue des Droits de l'Homme ;Jean Ferrat, artiste compositeur ; Jacques Floch, député, ancien secrétaire d'Etat, membre de la Convention sur l'avenir de l'Europe ; Ida Friedmann, déportée à Auschwitz ; Jacques Fontaine, universitaire ; Frustie Guy , maire de Fontvieille ; Dr Bernard Granjon, président d'honneur de Médecins du Monde ; Maxime Gremetz, PCF, député ; Anne Hidalgo, 1ére adjointe au Maire de Paris ; Jean Huray, conseiller régional ; Sylvie Jan, membre du Conseil national du PCF ; Jean-Jacques Kirkyacharian, président du MRAP ; Alain Krivine, député européen LCR ; Lacombe Alain Maire de Fosses ; Arlette Laguiller, députée européenne LO ; Lebrun Jean Claude Conseiller Régional Maire de ST Laurent l'Abbaye (58) ; Emmanuelle Le Chevallier, présidente de la fédération de Paris du MRAP ; Jean-Claude Lefort, député PCF ; Gilles Le Maire, secrétaire national des Verts ; Renée Le Mignot, secrétaire générale adjointe du MRAP ; Martine Lignières Cassou, Conseiller Général députée ; Luby Yvon Maire d'Allones (72) ; Noël Mamère, député-maire, membre de la commission des affaires étrangères de l'Assemblée Nationale ; Cécile Marin, universitaire (Paris 3) ; Christophe Masse, député PS ; Stéphane McAdams chercheur CNRS ; Mei Roger,Maire de Gardanne, PCF ;; Thérèse Menat, présidente de l'association des déportés de la Haute Vienne ; André Métayer, président de la Délégation Rennaise Kurdistan ; Alain Olive, secrétaire général de l'UMSA ; René Ometa Vice Président CG 13 PS ; Aline Pailler, journaliste ; Plassard Jean Paul Conseiller Régional ; Sophie Roudil, secrétaire générale de Solidarité et Liberté, chargée de mission Turquie ; Rosso Georges, Maire de Rove (13) ; Sabine Salmon, présidente Femmes Solidaires ; Schiavetti Hervé - Maire d'Arles - Conseiller Général - PCF Georges Sinibaldi, président de Solidarité et Liberté, Jean Suret-Canale, universitaire (Paris VII) ; Roseline Vachetta, députée européenne LCR ; Alain Vidalies, député des Landes ; Volpato Mirelle Conseillère Régionale ; Francis Wurtz, député européen PCF, président du groupe gauche unitaire européen.

• TURKISH PRESS:  GENERAL SECRETARIAT OF NATIONAL SECURITY COUNCIL (NSC) A MILITARY INSPECTION CORP.   The well known Turkish journalist, Mehmet Ali Birand reviews the powers of the Secretariat of the National Security Council (NSC), Turkey’s real executive body, in an article published in the English language daily Turkish Daily News. In this article, entitled “The General Secretariat of the NSC — a military inspection corps” the journalist presents some of the attributes of this post, held by a General and of which the European Union demands significant changes. The Turkish authorities are preparing, in the context of the 7th package of harmonisation with European standards, some reforms of this function. Here are some broad extracts from this article:
“Similar institutions also exist in other countries, however none of them have such imperial powers. In other countries, these institutions only exercise “advisory functions”.

 The institution we have in our country operates entirely as an executive body …

Article 9 stipulating the “distribution and checking of decisions of the Council of Ministers following the decisions of the NSC” by the General Secretariat of the NSC should be modified. In the present system the General Secretariat of the NSC provides information on the application of Government decisions linked to NSC decisions to the President, the Prime Minister and the members of the NSC.

Article 13 defining the duties of  the NSC General Secretariat should be entirely repealed. It should be replaced by a new article stipulating that the General Secretariat has the role of Secretariat of the NSC, which is to “execute the duties assigned to the NSC by the laws”.

Under the present system, the law enacts that the General Secretariat of the NSC co-ordinates all the defence departments that remain outside the jurisdiction of the Armed Forces.

Also, in the present system, the law says that the General Secretariat of the NSC works on the measures that must be taken in case of  an emergency decreed following an escalation of acts of violence and of seriously disturbed public order, determines the duties and obligations that should fall to private establishments in the event of a state of emergency, war or a post-war situation.

He presents the Prime Minister his proposals to ensure the co-ordination in practice.

Still with the present system, the General Secretariat of the NSC is authorised to take measures in place of the President, the Prime Minister and the NSC to ensure that the duties cited in Article 13 are applied, inspect and establish the direction of these activities in conformity with the directions he will receive.

In the present system the Ministries, the public establishments and bodies are obliged to deliver to the General Secretariat of the NSC — regularly or on demand — information and documents including those that  are classified at all levels.

Moreover there are a series of directives, dating to 1983 what’s more, regulations, which are stamped CONFIDENTIAL. With the reform proposals these CONFIDENTIAL regulations must be repealed.

If you  say  that,  in present day Turkey the General Secretariat of the NSC does not need such wide powers, then let us cut down these powers.

If, on the other hand, you say that we do, indeed, need them, then let us invite the Army to rule us. We won’t, then need elections or anything else …”