#44 / JANUARY 2000

La Lettre

FIDH Newsletter

Editorial

From Dakar to Casablanca.

In November 1997 the FIDH held its Congress in Dakar - its first on African soil. Dedicating its work to economic and social rights its intentions were to reinforce its own internationalisation, to reaffirm the universality and indivisibility of all human rights and to pay tribute to the development of a tremendous network of rights defenders throughout the countries in the Southern hemisphere.

In January 2001 the FIDH organises its first congress of the third millennium in Casablanca. In an Arab world where most of the governments cheerfully ridicule human rights, the FIDH is particularly happy with the progress achieved in the Moroccan kingdom. Whilst fearlessly expressing its concerns over the sizeable obstacles impeding the process, it hopes its presence will serve to encourage the movement towards democratisation already started by Moroccan civil society. The theme of its Congress focussing as it does on exclusions of every kind further aggravated by economic globalisation, will provide the opportunity to explore new ways of taking action both in Morocco and elsewhere.

There is no doubt that the Casablanca Congress will provide a fresh opportunity to experience the extraordinary vitality of the associate members of the FIDH. Made up of men and women who under nearly always difficult conditions, often in peril of their freedom and sometimes of their lives, fight for the most noble common ideal, that of the dignity of all human beings. Those participating in the Casablanca Congress will reaffirm their determination and their solidarity to pursue this fight in which they are such shining examples.

PATRICK BAUDOUIN
President, FIDH


Contents

Turkey/EU: Helsinki one year on

Ex-USSR
Locating the ‘disappeared’ from the camps.

The Suspension of the Management Committee of the Tunisian League of Human Rights

SPECIAL SUPPLEMENT:

Globalization and Exclusions

Defenders: The Observatory Urgent Appeals

ACTION

CURRENT AFFAIRS

Turkey/EU: Helsinki one year on

>> On 13th December 1999 the European Council, meeting at Helsinki, accepted Turkey's application for its membership of the European Union (EU). Following the example of the twelve other countries whose applications had also been accepted, Turkey was invited to continue with its efforts to fulfil the Copenhagen criteria - Democracy, Rule of Law, Human Rights, Protection of Minorities - and to open a political dialogue with the EU in order to implement the reforms necessary for its membership paying particular regard to human rights, the peaceful settling of conflicts and most importantly the Cyprus question.

The day before the first anniversary of Helsinki, the situation was very mixed. The report published by the European Commission on 8th November 2000 began with the statement that the Copenhagen criteria were not always being met and that little had been achieved during the year in spite of the many promises. The acceptance of its application provoked a passionate debate in Turkey within civil society during which a clear consensus was reached on the necessity of reforms with a view to democratising the country. The agreement of the three parties of the coalition government (the ultra nationalist MHP, the left nationalist DSP, and the nationalist ANAP) last May to support the application of Ahmet Necdet Sezer, former president of the constitutional court, an open-minded man known for his strictness in legal matters, testified to their desire to play the European card. Once elected President, Sezer asserted himself to be, to the surprise of everyone, both a fervent pro-European and a negotiator little inclined towards submission. One with whom the generals who sit on the national security Council will have to come to a compromise from now on.

That some steps forward have been achieved is worth celebrating - Turkey's signature at the beginning of the Summer of the International Covenant on Civil and Political rights and that on Social, Economic and Cultural rights. The publication of the Demirok report on the human rights situation in Turkey, which, whilst not perfect, marks the recognition by the authorities of the many violations that remain and the urgent need to deal with them. Other achievements include the surprise visits during the first semester to Turkey's police stations of Mrs. Pishkinsut's team from the National Commission for Human Rights, the official recognition of torture practised on a daily basis, the appointment of some 1 500 new magistrates, the deferment and condemnation in several cases, still all too rare, of police officers accused of acts of torture and finally the continued attempts to revise the Turkish penal code.

Other encouraging signs indicating that Turkey is opening up came on 28th November when the Head of the Secret Service (MIT) spoke (with the approval of the Prime Minister and senior staff) on allowing television programmes to be recorded in the Kurdish language and on the negative effect that hanging the leader of the Kurdish rebellion, Ocalan, would have for Turkey.

However there are other less encouraging signs. At the time of writing, the members of the coalition government are fiercely debating the contents of the amnesty bill, which they must submit to Parliament before Christmas. Whilst the ANAP is arguing for an amnesty for political prisoners hoping in this way to gain votes in the South-east in the next elections, the two other parties remain openly hostile (MHP) or little disposed (DSP) towards an amnesty for political prisoners, which would only obtain a simple reduction of sentences up to a ceiling of ten years, or as in the past, measures for conditional freedom which have nothing to do with a true amnesty.

In an important report on legislative reforms necessary for bringing the Turkish legislation in line with the Copenhagen criteria, published and addressed to the authorities in July 2000, the Turkish human rights association (IHD) advocated as a first step before the end of the year 2000 the implementation of a general amnesty before the end of the year 2000. This would not only be for common law offenders but also for those sentenced under anti-terrorist law or article 312 of the penal code (journalists, intellectuals and human rights militants for having praised a peaceful solution in the South East, as well as Islamists, such as Erbakan or the ex-mayor of Istanbul, Erdogan) and for those sentenced or prosecuted under article 169 of the Turkish penal code (supporting a forbidden organisation, such as the militants belonging to the PKK, the DHKPC…). According to the IHD, this clemency is essential to the democratisation process imposed by membership. The Green European Deputy and Co-President of the EU-Turkey Inter-parliamentary Commission Daniel Cohn-Bendit claims to have openly come out in favour of a general amnesty in order to effect a reconciliation, encouraging the Turkish deputies at the 46th inter-parliamentary meeting to draw inspiration from the General Amnesty Act passed in France on the day after the Algerian war.

To exclude political prisoners from the Amnesty would not only postpone the reconciliation but above all would run the risk of a tide of revolt within the prisons. In order to bring an end to the insecurity that often reigns there, the government has been building new prisons for several months, called type F, with the aim of accommodating political prisoners in individual cells. The latter being very attached to being grouped together in true dormitory-sized cells containing sometimes as many as nearly 200 prisoners, are opposing this already well advanced project as they did in 1996. Hunger strikes have been embarked upon by almost 800 political prisoners. Amongst them 80 prisoners will be on their 42nd day of the strike on 30th November and are resolved to continue until they die if their demands are not met. Although not one of them benefits from the Amnesty law to come, the text finally voted upon only benefiting common law offenders, then it would not be any more virtuous than that dismissed a few months ago by President Demirel . He was aware that such an amnesty law would only properly serve the interests of the "friends" of those political parties in power or the parties themselves. However this would appear to be exactly what the MHP now intends to do currently having several of its representatives in key positions, namely the Presidency of the People's Assembly and the Presidency of the Human Rights Commission…. For this party as for the others, the appreciation of the opportunity for reforms imposed by the membership process all too often still depends upon purely electoral interests. This results in a certain inertia - rightly deplored by the European Commission in its report. On 8th November 2000 the latter also published the very -perhaps too - conciliatory draft agreement for the EU/Turkey partnership. It set out the short, medium and long-term objectives for the pre-membership strategy. The application it will make from 2001 will show whether a Turkey resolutely turned towards Europe is ready to turn the page on old-fashioned Jacobin nationalism and whether, according to Daniel Cohn-Bedit, it will choose "Barcelona over Bangkok".

Bénédicte Chesnelong

Ex-USSR
Locating the ‘disappeared’ from the camps.

The story of a humanitarian search led by the Edouard Kalifat Association,
supported by the FIDH (cont.)

>> The Edouard Kalifat Association for Humanitarian Search (AEK) was founded on 20th January 1994
as a continuation of the operation led since 1992 by its president, Denis Sellem. The aim of
this operation was to find Edouard Kalifat who disappeared in the USSR after being liberated
from Auschwitz by the Red Army in January 1945.
From the outset the association had taken as its brief to search out all those who disappeared in the USSR at the end of the Second World War, to track down the numerous resistance fighters, soldiers, deportees, and internees of the Forced Labour Camps, who having been liberated by Soviet troops from German prisoner of war and extermination camps, were spirited away during the immediate post-war repatriation operations.

Faced with the humanitarian importance of this operation, the FIDH very quickly decided to support this association and give its president an international search warrant intended to further his investigations in the different countries of the Community of Independent States (CEI) which had taken the place of the USSR.

Since 1994, by its grass-roots investigations the AEK has been able to trace dozens of the ‘disappeared’ and to locate two who are still alive.

Several eminent personalities support this mission with its great moral and historical significance and sit on this association’s honorary committee. In 1997, by reason of its successes and the spread of its influence both nationally and internationally, the assoc-iation was admitted to a seat on the French NGO and ONU Committees.

Last year, the AEK succeeded in unearthing in St Petersburg’s medical military archives, thousands of meticulously kept dossiers on foreigners in the USSR.

Negotiations concerning the Russian medical military archives.

Within the context of negotiations undertaken with the Russian military authorities to obtain the transfer of copies of the dossiers discovered last year in St. Petersburg’s medical military archives by the Edouard Kalifat Association, Denis Sellem, mandated by the FIDH, led another mission to Russia between the 5th and 16th September 2000.

During this mission, the AEK’s president went to St. Petersburg and Novgorod where he was able to meet the press and give interviews. On this occasion, fresh descriptions of wanted persons were issued and testimonies gathered about Westerners who had disappeared in the USSR after the Second World War.

On 13th September 2000, after closely argued negotiations in the presence of Mrs.Isabelle Tourancheau, the press attaché of the Consulat General de France at St. Petersburg, Denis Sellem reached an agreement with the official in charge of the medical military archives, that in return for a financial contribution towards the cost of research and duplication, a first instalment of 1000 dossiers on French citizens would be made available. This list would include members of the illustrious Normandy-Niemen brigade wounded during the fierce aerial combats for control of the air during the Second World War.

This agreement, confirmed through the press by interested parties, will be put into operation after the signature of an official protocol which will happen between now and the end of the year in the presence of the Consul General de France, whose job it will be to make sure that these arrangements are properly executed and reciprocal contracts duly respected.

The appeal for openness

A press conference, which met on the 14th September 2000 at the residence of the Consul General de France gave the AEK’s president the opportunity of clarifying the extent of the agreement concluded with the official in charge of the Russian military medical archives and of giving an update on the searches currently taking place in Russia. This conference also gave him the opportunity of explaining to the Russian public just how similar the experience of waiting was for the families of ‘disappeared’ French people in particular and Westerners in general to the experience of Russian families desperately hoping that the whole truth will be uncovered regarding the disappearance of their children in Chechnya and in the recent shipwreck of the nuclear submarine Koursk

A legal vacuum

In the matter of the archives, it must be remembered that Soviet state archives have always been hermetically sealed and protected by a cult of secrecy which has been consistently maintained, and especially those archives concerning foreigners detained by the Ministry of the Interior and various security organisations. Nowadays, contrary to what might have been said when the USSR disappeared, these archives are no more open for consultation than in the past, because legislation has not advanced. The situation prevailing in the new CEI countries is the same as can be seen all over the world where democracy either does not exist or is faltering. In every case, the lack of democracy and statutory rights makes searching for disappeared persons very difficult, or indeed impossible.

Faced with the legal vacuum which exists on an international plane regarding searching for the ‘disappeared’, the agreement obtained with the Russian military is definite ‘first’, a precedent which can only advance the battle waged by the AEK and the FIDH to have the rights of search and investigation in so-called sensitive archives by the victims, their families and/or representatives, finally recognised by the States. The families’ right to know and the possibility of fulfilling our duty to keep these things in remembrance represent another fundamental victory to be won in the area of Human Rights.

Isabelle Plissonneau

Mobilisation

The Suspension of the Management Committee of the Tunisian League of Human
Rights

>> The Tunisian authorities have entered into another new phase in the repression of Human Rights defenders to which the latter have been accustomed for several years.

The Tunisian Human Rights League (LTDH) is today the target of a campaign which puts its very existence in danger. This campaign comes a month after LTDH held its fifth congress at the end of which the League’s new democratically elected management confirmed its wish to follow a totally independent line of action. This congress marked an important step for the pluralism of an independent Tunisian civilian society. On 25th November 2000, four weeks after this event, summary proceedings were opened aiming to place the League under judicial administration (sequestration). More than 50 local lawyers were keen to demonstrate their support for the League by being present at the emergency hearing before the judge in chambers, arranged for 9 o’clock on this Monday 27th November. The judgement has just been pronounced: all the activities of the League’s Management Committee are suspended awaiting the examination of the substance of the case – that is to say the question of the possible appointment of a judicial administrator, which will occur on the 30th November.

This emergency procedure follows a whole series acts of harassment. The day after the congress, a virulent press campaign was launched against the League’s new management. On the 14th November a judicial procedure was launched by four participants at the congress who had been beaten at the time of the elections to the board, and who had obvious links with those in power. This procedure contested manner in which the 5th congress had been prepared and the way in which it was conducted. The hearing which was to have taken place on 9th December before the magistrate’s court in Tunis, was put back to the 25th December. Finally, on the 19th November on his return from Paris, the new LTDH secretary, Khemais Ksila was interrogated and had several books and a certain number of documents confiscated.

On Thursday 30th November, the Tunis civil court giving an interim ruling, decided to appoint a judicial administrator with the aim of controlling the Tunisian League. This ruling given at the end of the 4.30 hearing and during which 16 lawyers from the Tunis bar had spoken, follows the ruling given on the 27th November which suspended all the activities of the League’s new management committee. Despite this de facto suspension, the members of the Tunisian League decided to pursue their activities.

The FIDH is issuing a call to mobilisation to support its oldest affiliated member in the region.
See the FIDH’s internet site: www.fidh.org

In a similar manner, the different stances adopted and actions undertaken by the League’s members were widely censured in the Tunisian

media. In particular, the members had denounced the extremely serious conditions in custody suffered by political prisoners including those on hunger strike, and the completely unjust conduct of the trial of alleged members of the Islamist group Ansar.

In view of the prevailing climate in Tunisia where freedom of expression, opinion, association and religion are systematically flouted, this sequence of events constitutes a real threat to the probity both of the League and that of its members. The procedures cited above have no other motive than to render the new management ofthe League ineffective, once and for all.But on a broader canvas, it is definitely the group of associations and the Tunisian democratic and pluralist movement which are being targetted in this instance.

 

SPECIAL SUPPLEMENT:

Globalization and Exclusions

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ACTION

EVENT  
Flora Brovina invited by the FIDH and Fnac
'You have released me'... These are the words which Flora Brovina spoke to the public at the Fnac bookstore on the Champs-Elysées in Paris on 15th November 2000, along with the testimonies of Isabelle Autissier, Jane Birkin, Dieudonné and Daniel Herrero who were supporting this joint public campaign of the FIDH and the French bookstore chain Fnac for the protection of Human Rights defenders.
Flora Brovina was finally released by President Kostunica on 1st November 2000, after having been detained in Serb prison camps for more than 12 months. As a poet, doctor, womens' rights activist and, above all, a strong and determined fighter, Flora Brovina stands as a symbol of the necessity and the impact that this public campaign at international level may have. Flora Brovina was invited as a guest of honour to the Opening Conference of the campaign of the joint campaign of the FIDH called 'signing is defending', which took place in all the Fnac stores in France from 15 - 17 November 2000. The FIDH and Fnac decided several months ago, to stage a campaign around five human rights defenders who were little known or ignored and particularly threatened in their countries: Mr. Hafez Abu Saada (Egypt), Luis Guillermo Peres (Colombia), Dismas Kitenge (Democratic Republic of Congo), Chirin Ebadi (Iran) and Flora Brovina (Kosovo) who was still in prison in Serbia at the time. The objective of this campaign was to make them known to the general public to ensure that they become more visible and enjoy greater protection. So a petition was distributed at all 56 stores in France during those 3 days, with the support of volunteers of the French Human Rights League at local level. It was also put online under Fnac.com and fidh.org where it is still available. More than 8,000 signatures have collected so far. These will be sent to the United Nations Secretary General, Kofi Annan, and to the five activists as a gesture of solidarity.

Accounts of all these cases were included in the programme for the protection of Human Rights defenders of the Observatory.

MOBILISATION
>> A dictator faces a verdict: Hissène Habré must be brought to justice

Saria, the support committee for the trial of ex-dictator Hissène Habré of Chad, has just launched a major campaign in Paris to rally public opinion for his trial. It should be mentioned in this context again that on 3rd February last year, following a series of complaints submitted by victims from Chad, an investigating judge from Senegal ordered that Habré should be accused of 'acting as an accomplice in acts of torture'. He also ordered the opening of a prosecution against X for crimes against humanity. Unfortunately, these proceedings were cancelled by the court of criminal appeal five months later and the brave investigating judge was transferred. Despite this snub, the victims have decided not to give up their fight for truth and justice and have lodged an appeal. They have also decided to raise public awareness through a large-scale petition, putting presssure on Senegalese authorities to guarantee the total independence of courts in their country.
This campaign is represented by the following organisations in Africa: Association of victims of policital crime and repression of Chad, Association for the Promotion and Defense of Human Rights of Chad, Human Rights League of chad, National Human Rights Association of Senegal and the African Encounter for Human Rights Defense.
For further details about this campaign and to obtain the slips to be sent to the Senegaleise authorities, please contact: SARIA, 50 rue Roque de Fillol, 92800 Puteaux, France.

Conference
>> Transition to democracy in Peru
After 10 years in power, the so-called 'democracy' of Fujimori has finally collapsed, while the first signs of real change already become visible. The Constitutional Court, for instance, has already been restored, the jurisdiction of the Inter-American Court of Human Rights is now recognized by the US Congress again and the statute of the International Criminal Court has at last been signed. The transitional government has just promised that several hundred cases of political prisoners who have always been denied the right to a fair trial will be re-examined. Right now, Peru is undergoing a dramatic process of transition - a process that is truly making history.
Anxious to sustain this process, the FIDH held an international seminar together with its Peruvian affiliates, APRODEH and CEDAL, from 4 - 6 December 2000, on 'Pre-conditions for transition towards democracy', preceded by an international enquiry mission on judicial administration in Peru, conducted by Françoise Mathe, Head of Missions of the FIDH, and Hugo Gutierrez, lawyer and member of CODEPU (the Chilean affiliate). This seminar brought together different sectors of civil society as well as representatives of the executive, legislative and judicial powers. The principal objectives of this seminar were:
- to 'determine the institutional changes necessary within the executive, legislative and
judicial powers to bring about a genuine transition towards democracy and the Rule of Law
in Peru;
- to analyse the importance and the ways of strengthening national and international Human
Rights defense mechanisms,
-to analyse the progress and setbacks of some human rights and the importance of the
respect for human rights to form a new covenant with civil society.

MOBILISATION
Open Letter to Vaclav Havel, President of the Czech Republic
Human Rights Violations in the Czech Republic

The Annual Meeting of the International Monetary Fund (IMF) and the World Bank, which took place in Prague from 19 - 28 September 2000, gave rise to a new movement of civil society (...), with some 10,000 demonstrators gathering in Prague. Security forces were even given appropriate training and special equipment for this event, and their numbers rose to 11,000. (...).
The vast majority of demonstrations started from 23rd September and went smoothly. However, on 26 September, during the main meeting of international institutions, several violent incidents were sparked between the police and some 200 demonstrators. These clashes triggered a wave of acts of repression (...). According to official sources, more than 300 people were injured (both demonstrators and the police) and more than 860 persons were arrested. The witness statements received by the FIDH (...) confirm the abnormal use of force by the Czech police at police stations and detention centres.
Countless testimonies confirm that a large number of those people questioned were victims of inhumane and degrading treatment.
The FIDH is also extremely concerned by the response of the public order forces and government representatives which followed these events. Mr. Milos Zeman, Prime Minister, for instance, thanked the police (and) Mr. Jiri Kolar, President of the Police, challenged the accusations (against him).
The FIDH calls for an independent and impartial enquiry to be opened immediately (and) for the genuine right of each victim to lodge an appeal before a national court (...).
The FIDH also calls on the Czech authorities to pursue and step up their training activities and raise the awareness of political leaders that the law should be implemented in accordance with the respect for human rights.

Democratic Republic of Congo
Threats/Insecurity
15 November 2000 - DRC 009/0011/OBS 115
M. Floribert Chebeya Bahizire, President of VSV (La Voix des Sans-Voix = 'The Voice of the Voiceless'), was summoned to the Committee of State Security (CSE). Since Mr. Chebeya was abroad, he was unable to respond to this summons which might be linked to the intervention of the VSV in favour of two commanders who were arrested and subjected to ill-treatment after having spoken as witnesses before an enquiry commission established by the Ministry of Justice on accusations against the Millitary Prosecutor of the Military Court of Order.

Defenders: The Observatory Urgent Appeals

India
Assassination
27 November 2000 - IND 001/0011/OBS 117
Mr. T. Puroshottam, Secretary and Coordinator of the Anhra Pradesh Civil Liberties Committee, had his throat cut by several men. He had already been receiving telephone threats for several months and was the target of an attack against him in May 1997, for denouncing the acts of cruelty committed by police officers, and the practice of torture and extrajudicial executions in particular.
Kirghizistan
Judicial proceedings/arbitrary detentian
27 November 2000 - KGZ 005/0011/OBS 118
Mr. Ravshan Gapirov, Director of the Kara-Suu Human Rights Centre 'Pravosudie Istina', was arrested and placed in detention on 21 November 2000, accused of hooliganism and public order disruption. He was conducting enquiries into acts of corruption in connection with the privatisation of the Kara-Suu Bazar and recently opposed the demolition of an historic bridge between Kirghizistan and Uzbekistan. Mr. Gapirov was an active member of the Coalition of NGOs for democracy and Civil Society as well as an independent observer of the Presidential election and denounced numerous violations that happened during these elections

Mexico
Harassment
23 October 2000 - MEX 012/0010/OBS108
Mr. Adrian Ramirez Lopez, President of the Mexican Human Rights League (Limeddh) and Vice-President of the FIDH, and Sara Rico Ramirez, Head of the legal aid programme of Limeddh, were summoned to the Prosecutor General of the Military Court on 6 October last year in order to be heard as witnesses in connection with two urgent appeals by Limeddh. Mr. Lopez was summoned again on 24 October in connection with a statement made by Limeddh on cases of violence on 10 August 2000.

Cuba
Arrest/dettention
30 October 2000 - BUB 002/0010/OBS 109
Mr. Pedro Pablo Alvarez Ramos, Secretary-General of CUTC (United Council of Cuban Workers) and several other leaders of CUTC were arrested on 13 October. All of them were released soon after, except for Mr. Ramos, who has been accused of 'Resistance during his detention'. This came soon after the CUTC had announced that its First Congress was to take place from 20 - 21 October 2001. Mr. Ramos had already been held in detention on 7th and 8th August 2000.
Peru
Illegal search operations/confiscation of documents
10 November 2000 - PER 005/0011/OBS 112
Several unknown persons introduced themselves to the office of COMISEDH (the Human Rights Commission of Peru) on 1st November 2000 at night and stole two computers and floppy disks with important information on human rights violations, enquiries on the state of democracy and access to courts, as well as a publication on cases of forced disappearances that was in the process of being made. Also, on the evening of 4th November, two unknown armed people threatened the security man of the Association Paz y Esperanza (Association for Peace and Hope). After having locked him in, they took the computer equipment with them, which included 6 computers and 1 scanner. The police arrived extremely late.
Venezuela
Oppression of the Trade Union movement
15 November 2000 - VEN 001/0011/OBS 114
The National Assembly of Venezuela had approved a referendum that was to be held beginning of December, to renew the executive staff and leaders of the country's trade unions. This decision was adopted, although the illegal and unconstitutional nature of this decision had been denounced by numerous organisations at national and international level. The text which is due to be submitted requires public consent on the entire replacement of union leaders within 180 days (6 months).
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