|
Paris, Geneva, 29 April 2003
The International Federation for Human Rights (FIDH) and the
World Organisation against torture (OMCT) today wrote to the
Turkish authorities to ask for the immediate and unconditional
release of former deputies Selim Sadak, Hadip Dicle, Orhan Dogan
and Leyla Zana, the 1995 Sakharov Price’s winner, sentenced
to 15 years imprisonment in 1994 for speaking on behalf of the
Kurdish people in Turkey.
On April 26, the Ankara State Security Court n°1 (DGM)
postponed once again the hearing in the trial of the former
Turkish DEP deputies. The four defendants appeared before the
Ankara State Security Court (DGM) on Friday at 10.00 AM for
the second time this year, and were represented by their lawyers,
including Mr Yusuf Alatas, member of the Ankara bar association.
In addition to the representative of the FIDH/OMCT, a large
delegation of European deputies was present together with the
Human Rights Commissioner of the German Foreign Office, Mrs
Claudia Roth.
The FIDH and the OMCT who sent a trial observer to attend this
hearing said they were “alarmed to witness repeated delays
in this trial, as well as obvious violations of the rights of
the defence, which give evidence of continuing malfunctioning
of the judicial system in Turkey despite recent legal reforms
adopted by Turkey in the framework of EU accession”. The
observer indeed noticed restrictions placed upon the lawyers’
ability to question the witnesses during the hearing.
“The FIDH and the OMCT welcome and support Turkey’s
recent efforts and legal amendments reforms”. As part
of the August package, broadcasting and education in languages
other than Turkish have now been authorised. However, “very
few concrete changes in practice are as yet apparent in Turkey”,
the two organisations said.
Legal offensives against pro-Kurdish parties indeed continue.
The country’s two principles pro-Kurdish parties, HADEP
and DEHAP are at risk. On March 13, the Turkish Constitutional
Court banned the People’s Democratic Party (HADEP –
pro-Kurdish). On the same day the Public Prosecutor attached
to the Constitutional Court requested the Court to ban the Democratic
People’s Party (DEHAP).
“The FIDH and the OMCT recall that, as a candidate for
membership of the EU, Turkey is under an obligation to guarantee
the normal and unimpeded functioning of political parties and
take steps to uphold the right to free elections and democracy”.
Furthermore, many of the recent reforms require the adoption
of regulations or other administrative measures and enforcement
of the law against perpetrators of violations. Certain practical
safeguards are still lacking. Despite the lifting of the State
of Emergency Rules (OHAL Act number 2935) from the last two
Kurdish provinces as of 30 November 2002, extraordinary powers
are still in the hand of the coordinator Governor of the Region
and local human rights organisations continue to report allegations
of grave human rights violations in the South East. In addition,
FIDH and OMCT are worried to note that since January 2003, 4
radios and 1 local television were suspended 180 days from broadcasting
by the High Council for Radio and Televisions (RTÜK) despite
of the recent authorisation of broadcasting and education in
languages other than Turkish as part of the 3 August 2002 harmonisation
package. Until these measures are in place and implemented by
executive and judicial bodies at different levels throughout
the country, “Turkey will remain in breach of its most
fundamental obligations under international human rights law
and far from complying with the “acquis communautaire””.
“Turkey cannot expect to initiate negotiations on EU
accession as long as political trials continue to take place
in the country and the judicial system is not reformed in practice
and as long as political prisoners are being detained”,
the two organisations said.
In light of these recent developments, the FIDH and the OMCT
urged the Turkish authorities “to stop delaying the implementation
in practice of legal reforms adopted in the framework of the
adjustment packages”.
Background information
Kurdish former deputies Leyla Zana, Hadip Dicle, Selim Sadak
and Orhan Dogan were convicted on 8 December 1994 by the Ankara
State Security Court under the Prevention of Terrorism Act and
sentenced to 15 years in prison for “being member of an
armed gang”.
On 4 February 2003, the ex-parliamentarians officially lodged
an appeal with the Turkish authorities in line with a new law
adopted by the Turkish Parliament authorising a fresh trial
for prisoners whose sentences had been disallowed by the European
Court of Human Rights. In its bid for EU membership, the Turkish
government indeed adopted numerous reforms in August 2002, among
them the right of Turkish citizens to judicial review of any
verdict in a trial judged unfair by the ECHR.
The European Court of Human Rights ruled in July 2001, that
the ex-members of the Turkish parliament had received an unfair
trial. The Court ruled indeed that there had been a violation
of article 6 of the European Convention on Human Rights because
the Ankara State Security Court, which included a military judge,
was not “an independent and impartial tribunal”.
The Court further unanimously held that the applicants’
rights under Article 6 § 3 (a) and (b) had been violated
in that they had not been informed in time of modifications
to the charges against them and that they had not been able
to have key witnesses questioned. In January, the Council of
Europe had further called upon Ankara to review their trial
in light of this development.
On 28 March, 2003, the hearing had already been postponed.
The next hearing in the trial against the ex- parliamentarians
will take place before the Ankara State Security Court n°1
on May 23, 2003. |
