Observatory for the Protection of Human Rights Defenders Annual Report 2002 - Turkey

Law on Associations⁴⁷

The Law on Associations, N° 2908 of 6th October 1983, contains numerous restrictions. In March and August 2002 a variety of amendments were adopted but their impact is still difficult to estimate.

The law restricts the purpose of associations. Article 5 provides that they shall not have as their purpose, among other things, to "infringe on the indivisible unity of the State and the Turkish Nation" or to "promote the idea that there are minorities in Turkey based on differences of class, race, language, religion or region, or to create minorities by protecting, promoting, defending or disseminating languages or cultures different from the Turkish language and culture". Article 6 prohibits the use of a language other than Turkish in any document or meeting. By amendment to Article 6 adopted in 2002, the obligation to use the Turkish language is limited to official work. Article 37 prohibits associations from carrying out activities exceeding the strict framework of their purpose. Article 38 is even more specific, forbidding student associations from exceeding their strict area of activity. Article 39, which prohibited the founding of associations by civil servants outside their strict field of activity, was amended in August 2002. From now on judges must obtain prior authorisation from the Ministry of Justice, whereas other civil servants must have permission from the Prime Minister.

The law imposes restrictions on participation in international activities. Articles 7, 11 and 12 require authorisation by the Council of Ministers, acting on a request forwarded by the Minister of the Interior and following an opinion issued by the Minister of Foreign Affairs, for any national association to join international organisations and take part in international activities; failing such permission, they can be dissolved. This law prohibits any link with foreign associations without prior permission from the Minister of the Interior and an opinion from the Minister of Foreign Affairs, but amendments passed in August provide that "if necessary, it is possible to establish ties with foreign countries following authorisation by the authorities and a decision by the government." Under Article 60, associations are not allowed to receive foreign funds (sent to individuals or legal entities) without prior authorisation from the Minister of the Interior.

There are also restrictions on the right to set up associations. Article 10 for example provides that the bylaws of an association requesting registration must be reviewed either within 30 days by the Local Governor or within 90 days by the Minister of the Interior. No sanctions are provided against the authorities if the deadlines are not met, thus allowing the authorities to extend the review period at their discretion.

Moreover, this law allows the authorities to exercise oversight over associations. Article 44 gives the local authorities the right of censorship, since associations are compelled to submit their public statements, leaflets or other publications to the Prosecutor and the representative of the Governor before disseminating them, and publication cannot take place in the press until a 24-hour deadline has elapsed. Article 45 provides that association offices and accounts are subject at any time to inspection by the Ministry of the Interior. Under Article 48 the police have the right to enter and search the offices of any association suspected of holding written or visual propaganda prohibited by law. Under Article 68 the Local Governor has the power to attend the general assembly of any association and to record the debate. The Governor has, under article 54, broad powers to suspend the activities of an association by claiming disturbance of the peace, a concept which is particularly elastic. Given all these obstacles, many associations choose to organise in the form of a foundation, for which the legislation is more flexible.

Foundations are not overseen by the Ministry of the Interior but by a Foundation Delegate appointed by the government, which is much more open. Furthermore members of foundations are allowed to belong to international organisations and the foundation is allowed to receive funds from abroad without prior permission.

Opening of a section of Amnesty International in Turkey⁴⁸

In March 2002 Amnesty International received permission to set up a section in Turkey after a large number of requests had been rejected.

Prosecution of an NGO⁴⁹

On 13th February 2002 the Union of Alevite and Bektashi Organisations (ABKB) which promotes these two cultures, was shut down by decision of Judicial Court No. 2 in Ankara. The Court based its ruling on Article 5 of the Law on Associations, No. 2908, charging that its statutes provided for the teaching of the Alevite and Bektashi culture and that it ran the risk of encouraging the division of the Turkish State. On 5th November the chamber of the Court of Appeal overturned the 13th February ruling, stating that the Union had no intention of creating a minority or a dominant religious group.

IHD and its sections targeted

Bingöl Section⁵⁰

Since it was set up on 12th April 2001, the Human Rights Association of Turkey (IHD) Section in Bingöl has been constantly subjected to pressure (searches of its premises, documents confiscated, seal of the association seized, etc.).

On 25th January 2002 Mr. Ridvan Kyzgyn, President of the Bingöl Section, and the Section's Secretary, Mr. Fevzi Akbulut, were arrested after attending, as observers, a press conference organised by the Kurdish HADEP Party (People's Democracy Party). They remained in custody until 18th March and were then released after paying substantial bail. They are being prosecuted for infringement of Law No. 2911 on demonstrations, charged with having failed to apply for permits (not required by law) to hold press conferences. The proceeding is pending.

The Bingöl Prosecutor is also prosecuting Mr. Kyzgyn for statements he made to the press concerning the perpetration of acts of torture. These allegations were repeated by the association in a letter sent on 11th January to the Minister of the Interior, after which judicial proceedings were initiated against Mr. Hösnü Öndül, President of the IHD and Mr. Selahattin Esmer, Secretary General of the IHD. They were questioned by the Prosecutor on 13th August.

Ankara Section⁵¹

Judicial proceedings were initiated on 11th January 2001 against the members of the Executive Bureau of the Ankara Section. The Prosecutor filed proceedings with the State Security Court in Ankara, charging them with "supporting an illegal organisation" (Article 169 of the Criminal Code) in connection with IHD activities following the prison events of December 2000. The trial was repeatedly postponed in 2002 (19th February, 24th April, 6th June, 25th July, 19th September, 5th November) pending additional information, especially the medical report for Mr. Ali Riza Bektas, a member of the Prisoners Committee of the IHD, relieving him of responsibility. On 5th November 2002, the hearing was again postponed, again pending the report on Mr. Ali Riza Bektas.

Izmir Section

On 22nd November 2002, Mr. Mustafa Rollas, President of the Izmir Section, was questioned by Criminal Court No. 2 in Izmir. He was charged with insulting the Prime Minister and the Armed Forces on the occasion of a press conference held on 27th January by the Platform against Cells. The trial was held on 13th December and Mr. Rollas was acquitted.

Head Office of IHD in Ankara

Press conference under surveillance

On 29th March 2002, the members of the IHD had called a press conference at their offices on their Human Rights Report. This conference was placed under police surveillance. In response, Mr. Hösnü Öndül, President of the IHD, refused to speak publicly and confined himself to distributing copies of the written report to journalists.

Slander perpetrated against Ms. Eren Keskin

In May 2002, the IHD filed a complaint against Mr. Fatih Altayli, a journalist. Following a speech given in Germany on 16 March by Ms. Eren Keskin, a lawyer and President of the IHD Istanbul Section, on the subject of sexual assaults against women in prison, Mr. Altayli stated in a radio broadcast on 8th April that he would gladly assault Ms. Keskin sexually at the first opportunity. Ms. Keskin also filed a complaint.

Judicial harassment of members of the IHD

On 22nd August 2002, the members of IHD learned from the press that the Prosecutor had filed proceedings against 46 members of the IHD Board for possession of illegal documents (Article 526/1 of the Criminal Code). These proceedings follow a raid of the IHD offices by the police on 25th January 2001, in the course of which 33 documents were found and confiscated, some of them allegedly showing that certain IHS funds came from Greece. The 46 persons involved are awaiting formal charges.

Istanbul Section

Judicial proceedings against Ms. Eren Keskin⁵²

Ms. Eren Keskin has been prosecuted in a number of cases before the Turkish courts. Many proceedings are pending.

For example, on 5th July 2002 Ms. Keskin was prosecuted by State Security Court No. 1 in Istanbul for issuing a report on respecting the "mother tongue" and a press release on "Newroz". She is accused of supporting the PKK Party (Kurdistan Workers' Party). The Prosecutor based his charges on a variety of press releases issued at the beginning of the year alleged to correspond to decisions adopted at the 7th Congress of the PKK. Ms. Keskin was acquitted at a hearing held on 4 October.

In another trial which began in 2002 she is charged with disseminating separatist information by using the work "Kurdistan" at a press conference on violence against women held on 25th November 2001.

Finally, in July 2002, the Prosecutor accused Ms. Keskin of incitement to hatred and enmity (Article 312 of the Criminal Code) in a speech she gave in Germany on the rights of women at the invitation of the Alevite Women's Union in Germany. This prosecution began after the newspaper Hürriyet headlined "slander on the assault of soldiers" in reference to this speech.

A number of proceedings against her ended in acquittal. For example, proceedings were initiated against Ms. Keskin and the other members of the Istanbul Section Bureau following a press release dated 10th April 2001 on F-Type prisons. On 12th November 2002, M. Keskin was acquitted, together with the other members of the Istanbul Section Bureau, by Criminal Court No. 8 in Ankara.

Similarly, the trial relating to charges under Article 159 of the Criminal Code for "insulting the Armed Forces of the State" held on 18th December 2000, following publication of an article supporting the Mothers of Peace who were said to have been tortured when they returned from a mission to the north of Iraq, ended in acquittal.

Meanwhile, Ms. Keskin has been "resigned" by the Istanbul Bar Association and will not be allowed to pursue her profession for a period of one year. This decision was taken by the Bar's Disciplinary Committee following her sentencing on 10th April 2001 to one year in prison for "separatist propaganda", but it only took effect on 18th November 2002.

Ms. Keskin was replaced as President of the Section by Ms. Kiraz Biçici. The latter was sentenced in November 2002 to 45 months in prison under Article 169 of the Criminal Code (support for illegal organisations) for having supported, in an interview broadcast on Media TV, a variety of illegal organisations, including the PKK, with respect to F-Type prisons. Ms. Kiraz Biçici has appealed the case to the Supreme Court.

Judicial proceedings against the Istanbul Section

98 proceedings have been initiated against the Istanbul Section under the Law on Associations and Demonstrations and especially under Articles 159 (insulting the Armed Forces of the State) and 169 (Support for an Illegal Organisation) of the Criminal Code. These proceedings are pending.

Diyarbakir Section

In April 2002 the Prosecutor in Diyarbakir initiated two proceedings against the Section in connection with the spelling of "Newroz" (the festival of the peoples of the Middle East and Central Asia which has more specifically become the national festival of the Kurds) used by the Section. The "w" does not exist in Turkish spelling. In both cases the Prosecutor based his case on Article 64/1 of the Criminal Code and on Articles 6 and 77/1 of the Law on Associations which provide that official documents should be drafted in Turkish exclusively.

On 14th October, after several postponements, the Diyarbakir Criminal Court acquitted Mr. Osman Baydemir, former President of the Section, and Executive Bureau members Mr. Fikret Saraçoglu, Mr. Meral danis, Mr. Reyhan Yalçindag, Mr. Abdulkadir Aydin and Mr. Pirozhan Dogrul.

In October 2002, Criminal Court No. 3 in Diyarbakir postponed the second proceeding against the Section Bureau until 18th February 2003.

Batman Section⁵³

On 1st February 2002 the Executive Bureau of the Batman Section was reinstated by order of the Governor indicating that it fully met the conditions of Article 45 of the Law on Associations. Members of the Bureau had been suspended by the same Governor on 3 December 2001.

Adana Section

On 13th March 2002, the police searched the offices of the Adana Section and arrested its President, Mr. Sehmuz Kaya, its Secretary, Mr. Sengül Yildirim, and Bureau members Mr. Müslüm Kurucu and Mr. Haydar Cigdemal. The raid followed publication of a press release in support of education in the Kurdish language. On 14th March the State Security Court ordered their release.

Antep Section

On 5th April 2002 the Section was able to re-open following a decision to acquit the Executive Bureau of charges of supporting an illegal organisation. The section had been closed on 6th December 2000 because of protests against F-Type prisons.

Elazig Section

On 23rd May 2002, Criminal Court No 1 in Elazig acquitted Mr. Cafer Demir, President of the Section, Mr. Kenan Cetin, Secretary, and Mr. Osaman Baydemir. They had been prosecuted for making speeches during the solidarity night organised by the Elazig Section on 21st April 2001.

Gaziantep Section⁵⁴

The Section, closed by order of the Gaziantep Court of First Instance on 7th December 2000, was allowed to re-open on 5th April 2002.

Bursa Section⁵⁵

In 2001, a proceeding was under way before the Court of Assises against the leaders of the Section. This proceeding is still pending.

Malatya Section⁵⁶

The Section was closed on 29th November 2000 for an indefinite period following a ruling by the Malatya Criminal Court.

The HRFT and its members targeted

Diyarbakir Section – Trial against the HRFT Rehabilitation Centre for Victims in Diyarbakir⁵⁷

In October 2001 an investigation was initiated against the Rehabilitation Centre for Victims of Torture set up in Diyarbakir by the Human Rights Foundation in Turkey (HRFT) on three charges: aiding and abetting members of the PKK, possession of forbidden publications, and opening the Centre without a permit. Mr. Sezgin Tanrikulu, representing the Centre, was sentenced by the Public Prosecutor to pay a fine. He however refused to pay, stating that the accusations against the Centre were without merit. Judicial proceedings were thereupon initiated against him on the two last charges, the first having been dismissed.

On 19th March 2002, Mr. Tanrikulu's trial was held before Peace Criminal Court No. 2 in Diyarbakir. The Observatory sent a Judicial Observation Mission to attend the trial. The case was postponed until 19th April, due to the absence of the Prosecutor and pending a legal investigation of the Centre. During the new hearing, the charge of failing to obtain a permit to open the Centre was not accepted by the Judge and Mr. Tanrikulu was acquitted on that count. Indeed, only Centres providing medical care are subject to authorisation under the law governing private hospitals, and the Diyarbakir Centre does not do so and only dispenses counselling. The Judge did not accept jurisdiction for the charge of possessing a prohibited publication and referred the case to the higher jurisdiction of the Criminal Court of First Instance in Diyarbakir. This proceeding is still pending.

Izmir Section – Judicial proceedings against Mr. Alp Ayan⁵⁸

On 6th June 2002 Mr. Alp Ayan, a psychiatrist and a member of the HRFT Centre for the Rehabilitation of the Victims of Torture in Izmir and Mr. Mehmet Barindik, Executive Member of the LIMTER-IS Trade Union, were sentenced to one year in prison by Criminal Court No. 4 on charges of violating Article 159 of the Criminal Code (insulting the Minister of Justice). They are both active members of the Izmir Platform against Cells set up in June 2000 to denounce conditions in F-Type prisons. Following the events of December 2000, during which 30 prisoners and two members of the security forces were killed, Mr. Ayan and Mr. Barindik had read a press release on 13th January encouraging the public to respond and calling for freedom and respect for the dignity of prisoners. The accused were acquitted a first time by the Criminal Court of the First Instance in Izmir on 20th April 2002, on grounds that they had done no more than exercise their civil rights.

Nevertheless on 6th June the Court reversed its decision, based on a pleading by the Prosecutor claiming that there was no doubt about the fact that the Minister had been referred to, even though his name did not appear in the press release.

On 2nd October 2002 Mr. Alp Ayan was again tried before the Criminal Court of the First Instance in Izmir. He is charged under Article 159 of the Criminal Code with "insulting the Turkish Armed Forces" and "insulting the Minister of Justice", based on his participation on 10 February in a demonstration against living conditions of prisoners. On that occasion he denounced acts of torture and inhuman and degrading treatment observed in F-Type prisons. The trial was postponed until 30th December 2002. Amission sent by the Observatory went to observe the hearing which was postponed until 24th April 2003.

Judicial proceedings against Ms. Günseli Kaya and Mr. Alp Ayan⁵⁹

On 7th November 2002, the Aliaga Criminal Court postponed until 20th December the trial of 68 people, including Ms. Günseli Kaya, a member of the Administrative Board of the HRFT, and former President of the IHD Section in Ismir, and Mr. Alp Ayan, a member of HRFT. They are accused of having organised an illegal demonstration on the occasion of the funeral of one of the victims of the massacre of prisoners in the central prison in Ankara on 26th September 1999. The Court has postponed the hearing a number of times to collect additional information.

Judicial proceedings against Mr. Veli Lök⁶⁰

Mr. Veli Lök, a surgeon and the Izmir delegate of HRFT, has been prosecuted for voicing an opinion on the proceedings against Ms. Kaya and Mr. Ayan prior to the verdict. He was sentenced to pay a substantial fine on 19th June 2000 and his sentence was suspended after he filed an appeal. At the end of 2002 the case was still pending.

Judicial proceedings against Mr. Yavuz Önen⁶¹

Like Mr. Lök, the President of the HRFT, Mr. Yavuz Önen was prosecuted for having written an article in the daily Cumhuriyet on 19th January 2000 voicing disapproval of the proceedings initiated against Ms. Kaya and Mr. Ayan. He was sentenced to one month in prison and a substantial fine on 27th March 2001 by Criminal Court No. 2 in Izmir, together with the editor in chief of the newspaper, Mr. Fikret Ilkiz; both appealed the ruling. At the end of 2002 the case was still pending.

Judicial proceedings against 16 intellectuals for publishing Freedom of Thought 2000⁶²

In 2001, 16 intellectuals were prosecuted for having published a book entitled Freedom of Thought 2000 containing 60 censored articles. Four proceedings were initiated against them for incitement to draft evasion, hatemongering, insulting religions and insulting Turks, the Republic, the Parliament, the Government, the Ministries, the Judicial Authorities or the Government Forces linked to the Army.

The proceedings on the first three charges ended in acquittal in 2001 and 2002. In the proceedings based on the fourth charge, heard before Criminal Court No. 2 in Üsküdar on 26th July following three postponements (19th February, 15th May, 10th July), the Court acquitted the 16 intellectuals of the charges based on Article 159 of the Criminal Code. However the Court decided to refer the case to the Court of Appeal. The case is pending.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

47. See International and Legal Observation Mission Report "Judicial Harassment Against Human Rights Defenders", December 2002.

48. Idem.

49. Idem.

50. Idem.

51. Annual Report 2001.

52. See Annual Report 2001 – International and Legal Observation Mission Report "Judicial Harassment Against Human Rights Defenders", December 2002.

53. See Annual Report 2001.

54. Idem.

55. Idem.

56. Idem.

57. See Press release of 2 April 2002.

58. See Urgent Appeal TUR 001/0702/OBS 040-Press release of 1 October 2002.

59. See Annual Report 2001.

60. See Annual Report 2001.

61. Idem.

62. See Annual Report 2001.