Bulletin de liaison et d'information - Institut kurde de Paris
Bulletin de liaison et d'information - Institut kurde de Paris
Bulletin de liaison et d'information - Institut kurde de Paris
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REVUE DE PRESSE-PRESS REVIEW-BERHEVOKA ÇAPÊ-RIVISTA STAMPA-DENTRO DE LA PRENSA-BASIN ÖZET;<br />
Turkish Probe June 2,1995<br />
17<br />
Human Bights Diary<br />
Prosecutor wants high court review of law- A<br />
Turkish prosecutor said on May 25 that part of a law limiting<br />
freedom of expression that Ankara's Western allies want<br />
lifted was unconstitutional and he wanted the high court to<br />
review it. "I believe that a part is against the Constitution and international<br />
conventions," Aytaç Tolay, a prosecutor in the Istanbul State<br />
Security Court said. Tolay said he raised his reservations about Article<br />
8 of the Anti-Terrorism Law, which bans "separatist propaganda," when he<br />
charged 99 people this week for publishing a book of articles by writers<br />
imprisoned for the same crime or promoting racism. Despite his reservations,<br />
Tolay said he had no choice but to charge the intellectuals as long as the law<br />
remained on the books. Because prosecutors are not empowered to refer cases to<br />
the high court, Tolay's move leaves it up to the judges to <strong>de</strong>ci<strong>de</strong> wh<strong>et</strong>her or not to send<br />
the case to the Constitutional Court for a ruling. Legal experts say this appeared to be the<br />
first time a prosecutor had requested that Article 8 be forwar<strong>de</strong>d for review. Tolay's criticism<br />
centers on the part of Article 8 banning alleged separatist propaganda "regardless of the<br />
m<strong>et</strong>hod, intention and i<strong>de</strong>as behind it." Removing this clause would force prosecutors to show the<br />
<strong>de</strong>fendant inten<strong>de</strong>d to damage the "indivisible unity of the state," som<strong>et</strong>hing those charged generally<br />
have <strong>de</strong>nied. Some Western diplomats praised the move - which theor<strong>et</strong>ically would sharply narrow<br />
the law's application - saying it was one way for critics of the law to g<strong>et</strong> around Parliament's inability to<br />
agree on long-promised reforms. Article 8 has been used to jail scores of writers, aca<strong>de</strong>mics, tra<strong>de</strong><br />
unionists and others for written or verbal statements <strong>de</strong>emed "separatist propaganda.".Most of the people<br />
said or wrote som<strong>et</strong>hing about Turkey's Kurds. Western allies have called on Ankara to ease restrictions on<br />
freedom of expression, and Prime Minister Tansu Çiller has repeatedly promised to make changes.<br />
The approval of Turkey's custom.s union with Europe may hang in the balance because the European<br />
Parliament has threatened to v<strong>et</strong>o the <strong>de</strong>al unless concr<strong>et</strong>e steps are taken to b<strong>et</strong>ter the country's human<br />
rights record. But opposition within Çiller's own party has so far hampered reforms, with some<br />
parliamentarians arguing restrictions cannot be lifted as long as Turkey is battling separatist Kurdish<br />
guerrillas. (Newspapers, May 25)<br />
Triai of 740 PTT employees starts In Bursa- The trial of 740 public employees of the Bursa<br />
branch of the Turkish Postal and Telecommunications agency (PTT) who <strong>de</strong>monstrated for union<br />
rights without permission started in Bursa on May 26. The PTT employees, members of the<br />
Turkish News Workers Union (Haber I~),staged a <strong>de</strong>monstration <strong>de</strong>manding the right to strike and<br />
collective bargaining on Nov. 24 and 25,1994. The <strong>de</strong>monstration was unauthorized and the union<br />
members now face prison sentences ranging from four months to one year, if convicted.<br />
(Turkish Daily News, May 27)<br />
,<br />
Appeal court reduces prison term for policeman- À five-year prison sentence imposed by the Bolvadin<br />
civil court on Hasan Belek, a police <strong>de</strong>puty chief, after he had been found guilty of torturing suspects has<br />
been reduced on appeal to two years. The reason given by the United Criminal Chambers of the Court of<br />
Appeals was that "he got no personal satisfaction out of the violence, but was proceeding in the interest of<br />
furthering his professional investigation." According to an Anatolia news agency report on April 3D, Belek<br />
was first sentenced to five years imprisonment by the civil court of Bolvadin for "beating two suspected<br />
thieves with a baton, kicking and slapping the~, locking them in the police headquarters' basement<br />
overnight, stripping them of their clothes in the morning to targ<strong>et</strong> them with high-pressured water, hitting<br />
them with a hose and w<strong>et</strong> towels, bathing them in hot water and salt to g<strong>et</strong> rid of the marks<br />
and leaving them un<strong>de</strong>r the sun." However, the court of appeals <strong>de</strong>ci<strong>de</strong>d otherwise. The "young<br />
and amateur" <strong>de</strong>puty chief was found to have gone too far due to his "inexperience" and<br />
"eagerness to perform his duties in an investigation." The five-year sentence was thus<br />
found to be "too rigid" and was lowered to the minimum "one year per tortured person"<br />
sentence. (Turkish Daily News, May 31)<br />
Another missing person found <strong>de</strong>ad- Rldvan Karakoç had not been<br />
heard from since March this year and his family reported him missing<br />
several weeks ago. They later discovered that he had been found <strong>de</strong>ad<br />
and as he could not be i<strong>de</strong>ntified, he had been buried in the<br />
Ikitelli Cem<strong>et</strong>ery for the Unknown. I<strong>de</strong>ntification was ma<strong>de</strong><br />
possible by matching his fingerprints. Karakoç<br />
disappeared at the time of the riots in Gaziosmanpa~a.<br />
(Turkish Daily News, June 1)<br />
117