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1.  Military Chief Outlines Policies at Press Conference (Turkish Daily News) 11/03
2.  General Basbug Refutes Reports on Agreement with US on Kirkuk (Xinhua) 11/02
3.  General Basbug Says Turkey Monitoring Kirkuk Demographics (Anadolu Agency) 11/02
4.  Rights Association Elects DEP Lawyer Alatas as New Chief (Turkish Daily News) 11/02
5.  Alatas Interviewed on Recent Rights Developments (Turkish Daily News) 11/04
6.  Media Monitoring Report Published by Press Watchdog (Bianet.org) 11/02
7.  Row Erupts over Publication of Parliamentary Human Rights/Minority Report (BBC) 11/01
8.  Rights Groups Condemn Attack on Parliamentary Report Authors (Turkish Daily News) 11/03
9.  Claudia Roth in Turkey; Views EU Process, Minority "Problem" (Turkish Daily News) 11/04
10. Rights Group: New Draft Law on Criminal Penalties Legalizes Torture, Abuse (Bianet) 11/03
11. Turkish Parliament to Vote on Abolition of Death Penalty (Anadolu Agency) 11/01
12. Former Ministers Appear in Court in Corruption Trial (AFP) 11/02
13. General Basbug Denies Greek Claims of Territorial Violations (AFP) 11/02
14. Soli Ozel: Which Way is West for Turkey? (Korean Herald) 11/02
15. Graham Fuller: Turkey a True Model for the Muslim Future (Newsweek) 11/08
16. Mehmet Ali Birand: Bush Election; Basbug Message to EU; Mafia (Turkish Daily News) 11/04
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1) Military: No compromise on unitary structure
Turkish Daily News
3 November 2004

Turkey's powerful military said yesterday that Turkey's unitary structure was not open to debate, warning that questioning it could lead to disintegration of the country.

"The Turkish Armed Forces cannot accept any debate over the unitary structure of the Turkish state, an untouchable provision of the Constitution," Deputy Chief of Staff Gen. Ilker Basbug told a press conference yesterday.

His statement came after the European Union Commission called for more cultural rights for Turkey's Kurdish community in an Oct. 6 report. Its wording sparked a debate over the definition of minority in Turkey, and a government-sponsored human rights committee called for revision of the Constitution and relevant laws to expand cultural rights in a report presented to the Prime Minister's Office.

Basbug said the EU Commission's report made implicit or explicit references to "certain communities" that were not described as minorities in the 1923 Lausanne Treaty, which founded the Turkish Republic. That treaty grants minority status only to non-Muslim communities in Turkey.

The top commander also complained that some of the rights suggested for those communities in the EU report went beyond cultural rights and spilled over into the "political realm."

"It is clear that the EU's approach goes beyond the framework drawn up by the Lausanne Treaty," Basbug said.

The top commander also said Turkey had carried out and continued to implement reforms to "enhance Turkey's cultural richness," provided that the reforms did not go beyond the cultural field and jeopardize the unitary structure of the state.

No Iraq operation deal with US

Basbug also denied press reports that Turkey and the United States had reached an agreement for a Turkish cross-border operation in Iraq.

Reports in some Turkish newspapers in recent days have said the Turkish Armed Forces had prepared plans to send up to 40,000 troops to northern Iraq to prevent forceful attempts by Iraqi Kurds to change the demographic structure of the oil-rich city of Kirkuk and to eliminate presence of the outlawed Kurdistan Workers' Party (PKK) in the region.

Basbug denied the reports, saying Turkey remained committed to diplomatic means, but warned that Iraqi Kurds were after "creating an opportunity for themselves out of efforts to determine the future of Kirkuk."

The same reports also said that the plans had the blessing of the United States. Basbug denied there had been any such contacts with the United States.

An official at the U.S. Embassy in Ankara also denied the reports and said there was no such agreement between Turkey and the United States.

'TSK's duty to protect the republic'

Basbug also responded to criticism in the EU's Oct. 6 report over the definition of the responsibilities of the Turkish Armed Forces' (TSK) in the relevant laws.

"What responsibility could be more important than this for an armed forces?" Basbug asked.

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2) Turkey refutes reports on agreement with US on Kirkuk
Xinhua
November 2, 2004

ANKARA -- Turkish Deputy Chief of General StaffIlker Basbug refuted on Tuesday reports that Turkey had reached an agreement with the United States regarding Kirkuk in northern Iraq.

However, Basbug, in remarks to the press, acknowledged that Turkey had discussed the future of Kirkuk with US officials.

He said Turkey hoped energy resources in Iraq could be equally and fairly used by all the Iraqi people and that Kirkuk, which boasts 12 percent of Iraq's oil resources, was of particular importance in this context.

"Any wrong decision concerning Kirkuk might cause an internal clash or a civil war in Iraq that would probably affect neighboringTurkey," he said, adding that Kirkuk should be granted special status and be protected.

Referring to reports about operation plans regarding Kirkuk, Basbug said, "It is our task to prevent any unfavorable developmentregarding Kirkuk, so it is our duty to make plans against every possibility."

Kirkuk, a northern Iraqi city sprawling near the Iraqi border with Turkey, has a large population of Turkmens, an ethnic community of Turkish descent, which enjoys Ankara's support.

The Iraqi Kurds claim that Kirkuk was overwhelmingly Kurdish in the 1950s before Baghdad started a deliberate campaign of "Arabization," during which thousands of Arabs were encouraged to settle in the city.

The kurds are reportedly trying to chase the Arabs out and many want the city to become the capital of an independent Kurdish statein northern Iraq.

Ankara fears that the Kurdish control of Kirkuk oil fields, among the richest in Iraq, may encourage the Iraqi Kurds to break away from Baghdad, fanning separatist sentiment among the Kurds in neighboring southeastern Turkey and triggering turmoil in the region.

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3) General Says Military Monitoring Moves Aiming To Change Demographic Structure Of Kirkuk
Anadolu Agency
November 2, 2004

ANKARA - Gen. Ilker Basbug, Turkish Deputy Chief of General Staff, said on Monday that the Turkish military was monitoring the moves aiming to change the demographic structure of Kirkuk.

Basbug in a press briefing today in Ankara said that Turkey was against such a change, and expressed their concern that Kurds might have exploit the situation. Gen. Basbug also reminded that the census planned to be held in Iraq in October of 2004 was cancelled, and went on: ''We think that it was cancelled because the required atmosphere for a healthy census has not been created, and because some groups might have thought that they could not get the result they wanted from the census. An election is planned to be held (in Iraq) in January 2005, but it may also be delayed to a later date.''

''This election is important since the parliament to be formed (after it) will prepare the new constitution of Iraq. U.S. and Iraqi authorities have stated that elections may not be held in some places where security can't be assured. We also think that elections may be prevented deliberately in some regions,'' Basbug said.

Referring to restructuring of Iraqi security forces, Basbug said, ''Iraqi security forces, comprised of 340,000 personnel, is planned to become operational in March 2005. We believe that ethnic groups should be represented in line with their population in this force. So, we still have some concerns (over this matter). Some elements like the peshmerga force have not been disarmed yet, although it is foreseen in the interim constitution.''

Noting that a NATO coordination team, including two Turkish officers, were serving in Baghdad in order to instruct the Iraqi security forces, Basbug said, ''regarding the situation of the coalition and stability force, we can say 155,000 personnel from 29 countries are still stationed in Iraq. 135,000 of this force is comprised of U.S. personnel. Some countries have withdrawn their soldiers from Iraq recently, while we know that some of them think of withdrawing their troops after the elections.''

On the other hand, Basbug denied claims of Greece that Turkey had increased its flights over the Aegean Sea, and said that the mentioned flights were regular training flights of the Turkish Air Forces.

Basbug also stated that flights of Greek jets over the Aegean were more than those of Turkish jets.

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4) IHD elects new chairman
Turkish Daily News
November 2, 2004

Lawyer Yusuf Alatas has taken over leadership of the Human Rights Association (IHD) from Husnu Ondul following the organization's general assembly meeting where he was the sole candidate for the post.

Alatas was elected at the weekend by the majority of 394 attendees of the general assembly. A new administration board was also elected.

Alatas was one of the lawyers for former Democracy Party (DEP) lawmakers whose retrial is being closely monitored by European politicians and lawmakers. Leyla Zana, Orhan Dogan, Hatip Dicle and Selim Sadak went before the court last month after the State Security Courts were abolished as part of the EU-inspired reforms.

IHD, as one of the leading human rights organizations in Turkey, has been supporting Turkey's European Union quest but criticizes deficiencies in the implementation of reforms.

Alatas, speaking to NTV television, said the new administration would expand its activities and focus on the problems of women, children and disabled people as well as environmental matters.

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5) Alatas: Freedom not internalized in Turkey
Gul Demir
ISTANBUL - Turkish Daily News
November 4, 2004

Lawyer Yusuf Alatas was chosen to succeed Husnu Ondul as chairman of the Human Rights Association (IHD) at the general assembly meeting which took place on October 30-31 in Ankara. Alatas said that he was elected by a majority vote of the participants on a consensus basis.

Alatas, who is better known by the Turkish public as the lawyer for the Democracy Party (DEP) deputies rather than for his 14 years of fighting in the area of human rights, has worked for the IHD since 1990. In an exclusive interview with the Turkish Daily News, Alatas talked about his uneasiness over the fact that his ethnic identity was mentioned in some press organs particularly after being appointed as the IHD chairman and said: "It is not proper to mention ethnic identities of administrators working at an association like the IHD which defends human rights. As chairman of IHD, I am neither Kurd, Turk, Laz, Circassian, Jew nor Armenian. I am human."

The basic factors that determine Alatas' agenda for human rights is determined by social problems in the sense that they are looking at political rights and personal rights. He told the TDN: "We are interested in primary rights like torture, extrajudicial killings, freedom of expression and organization etc., which we call personal and political rights. We also work for economic and social rights, and the rights of handicapped people, children and women. The public has heard our voice in other areas but I hope that personal and political rights violations will decrease in the next period and we will become more focused on areas to which we should pay more attention. Economic and social rights are the leading ones. Others are unemployment, working conditions, poverty, women's rights, children's rights, rights of the handicapped, problems of people having different sexual choices, ecological balance, damage to nature, environmental problems etc."

Asked what he thought about the current panorama of human rights in Turkey, Alatas replied, "We can consider Turkey from two points of view. When we look back five or ten years ago, nobody can deny that Turkey is now in a better position regarding human rights. When we compare us to conditions in a European Union country, there are many things still to do in Turkey. Also, there are many human rights violations. For example; we misled the discussion on torture by saying "it was systematic" or "it was not systematic." But that there is torture is a widely held opinion in Turkey. What we should pay attention to is preventing torture.

It is not enough to say "zero tolerance for torture" or make an arrangement. If your police, gendarmerie or even your judges tolerate and protect torturers, it means there is a problem in this country. We can't talk about the internalization of freedoms in Turkey. How human rights are implemented changes from town to town. The right to meet and demonstrate can be easily used in one town but may be very different in another. Administrators may restrict all freedoms.

"The issue of prisons has been a bleeding wound for years but nobody mentions it. So far 112 people have died in death fasts in prisons. Prisons in this country belong to the state and the people who have died are the people of this country. Then why isn't any importance attached to this problem?"

The EU Commission's Progress Report became a matter of contention and discussion because issues regarded as taboo in Turkey were included. When Alatas was asked whether or not he thought the intent of the report was aimed at creating yet another minority in Turkey, he replied, "These reports issued as part of relations between Turkey and Europe are prepared acccording to social, economic and political criteria previously determined by EU countries. The criteria defining what a minority is differs between EU countries and Turkey. European countries regard different views and positions in each area as a minority. It considers the numerical position. Let's say Kurds are in a numerical minority in Turkey, then they call Kurds a minority or Alewis are a religious group but they are a numerical minority compared to those in the numerical majority, so they are called a minority. Actually, the EU does not determine a status of minority, they say, 'Kurds and other minorities.' This is not political or a legal definition of the concept of minority.

It is necessary to understand that the word "minority" means "paucity" here. There's always an attempt to discuss the issue of minorities on a political platform. Either the Lausanne Treaty is brought up or the division of Turkey. It is discussed on very different grounds. It is said "you are patriotic" or "you are traitorous" as in the minority report prepared by the Prime Ministry Human Rights Consultation Board (BIHDK). Unfortunately, there is no sound, scientific ground for discussion that suits human rights' ethics. Also, we are hurting people who are legally regarded as a minority according to international standards. For example; we are hurting Jews, Greeks and Armenians who received the status of being minorities under the Lausanne Treaty. But they are our citizens. We evaluate the concept of minority as an attempt to divide Turkey. We cannot get anywhere with such an approach.

Asked to further discuss his position on the issue of minorities now that he is chairman of IHD, Alatas answered: "All our statements depend on international human rights documents. What rights do citizens have? What rights don't they have? What rights should they have? We pay attention to this. We are not a part of the discussion whether Kurds are a minority or not. We are interested in the rights which the citizens of Turkey, including Kurds, must have. Kurds must be able to speak their native language, keep their own culture alive, Alewis must be able to practice their own faith, etc. For example; we never use the word 'terrorist.' The word 'terrorist' changes according to each person, state and position. We only use the words violence, attack, killing because they are the results. We approach the concept of minority like this. I wish these issues could be easily discussed in Turkey. It is difficult to solve them in a short time. It is difficult but we must be able to speak about them as part of the process of instituting EU reforms."

Alatas stressed that they never considered the political views of governments or the ideologies they were defending when evaluating the rapid legal changes involved in Turkey's progress towards membership with the EU. "We are interested in the results. We are interested in whether the results contribute to the development of freedom and rights in Turkey. That's why the Justice and Development Party (AKP) defines itself as a conservative and religious party. We have always said that we approved of many things they did. But we should state that the government is two-faced on some issues. The penal code was prepared without being discussed with the public. Now it is preparing the Criminal Execution Law. But we don't know what it will say or what it will solve. Some people make changes and call it reform. But there are many things which escape observation and civil society is not included in it.

"There are EU council projects. They receive millions of dollars. What are they doing? Nobody discusses them. Despite the many positive steps taken over the constitution, we still don't have a democratic and participatory constitution. The constitution is the main document that expresses a country's basic system. We still have a constitution of military revolution. So it is very important that a civil constitution must be prepared with a democratic participation."

The EU Progress Report pointed out that things had to be done in Turkey. Alatas asked, "Could allowing people to watch TV in their own language in Turkey today; was the problem of broadcasting in a native language solved with a half-hour broadcast, did it make sense to not allow private TV channels to broadcast, would people attend Kurdish courses where they undergo interrogation, are people asked personal questions in English language courses? They pay money and attend the course. Nobody asks for their identity, residence papers or criminal report. But go to a Kurdish course and see what happens to you.

Serious transformation is needed for implementation. Independence of the judiciary and superiority of law are still not there. All these will be accomplished within the EU negotiation process. The government should state that it is resolute about implementing these. At first the government should make peace with NGOs that defend human rights and democracy. Events, which happened after the "Minority Rights Report," prepared by BIHDK was produced and has had a harmful impact on people and will reflect on negotiations leading to December 17. No EU country can ignore that the BIHDK chairman's speech was interrupted and the text of his speech torn apart. The government should urgently give up this attitude.

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6) Media Monitoring Report Published by Press Watchdog
Bianet.org
By Erol Onderoglu
02November 2004

The BIA² third quarterly Media Monitoring Report for the period July-September 2004 deals with 26 court cases and 69 journalists. Two journalists are threatened by ruling AKP officials and a daily is heavily fined for a cartoon critical of Erdogan.

BIA (Istanbul) - The "Network for Monitoring and Covering Media Freedom and Independent Journalism" (BIA2) project has published its third quarterly Media Monitoring Report, which covers the period July-September2004 .

The13 -page report provides a chronological account of all rights violations under the topics: "attacks and threats," "detentions and arrests," "trials and attempts," "European Court of Human Rights," "RTUK practices," "regulations and legal procedures," and "reaction to censorship."

According to the BIA 2report, two out of six reporters in the provinces of Van and Ordu, who said they were threatened, filed a complaint at the prosecutor's office against the governing Justice and Development Party (AKP) officials.

The report, which covers 26 court cases and the situation of69 journalists, shows that three cases have ended in a court decision of lack of grounds for legal action, and five have ended in sanctions. The Supreme Court of Appeals overturned lower courts' rulings about three journalists, while four new cases were opened against media members and one preliminary inquiry was launched.

The "Gunluk Evrensel" (Daily Evrensel) newspaper was handed a fine of 10 billion Turkish liras (USD6 ,700) in damages for publishing a caricature of Prime Minister Recep Tayyip Erdogan. "Tavir" (Manner) magazine was closed down for 15 days for another caricature.

Following are the details of the report:

Attacks and threats

* On September25 , during a KESK protest in the Sarachane district of Istanbul, police sprayed the face and mouth of a reporter of the "Cumhuriyet" (Republic) newspaper with pepper spray and hit him on his back. Reporter Gokce Uygun was following the protest at the time. The Istanbul branch of the Contemporary Journalists' Association (CGD), and the Turkish Journalists' Community (TGC) condemned the attack.

* On September 24 "Mersin" newspaper's reporter Hakki Cat, who was following the Free Citizens' Movement's protest, was beaten up with truncheons, his camera was broken and he was threatened with detention. The Mersin Journalists' Community condemned the attack.
* On September 13 Aziz Aykac, the owner and editor-in-chief of the "Sehrivan" newspaper in the province of Van, published corruption allegations about AKP Provincial Head Ebubekir Gulacar and his family. He applied to the prosecutor's office because of threats he received and filed a complaint. On September10 , when the corruption allegations were published under the title, "Suspicion in Justice Party,"15 people, allegedly from Gulacar's family, raided the newspaper's offices and demanded that the distribution of the newspaper is halted. Aykac, who asked for Gulacar's comments on the allegations received the following response: "If you want to publish the story, publish it. I have no fears. But that would not be good for you."

* On September 10 The Van reporter of Dicle News Agency (DIHA), Ubeydullah Hakan, filed a complaint about a police officer, whom he said threatened him frequently. He also had photographs of the police officer. Lawyer Murat Timur, who applied to the prosecutor's office, said he sent his petition of complaint to the Van Police Headquarters, Interior Ministry and the Van Governor's Office. Hakan said he was last threatened with death on September 4 during a protest he was covering.

* On September 3 Nedim Kovan, the owner of the local "Gunes" (Sun) newspaper said he was being threatened by AKP lawmaker from the province of Ordu, Enver Yilmaz, and people related to him because of the articles he wrote during the March 28 local elections campaign. Kovan filed a complaint. "Cumhuriyet" reporter Erdogan Erisen and "Sabah" (Morning) newspaper's reporter Engin Ozkurt were attacked on the same day because of news stories on the Camsan company, and they filed complaints. "I filed a complaint when death threats that I had received in the past were repeated, and when I heard that Erisen was attacked," said Kovan. The Ordu Journalists' Group published a statement and condemned the attack.

* On August27 , armed assailants attacked the Dim Medya Center building, to which the local "Yeni Alanya" (New Alanya) newspaper is affiliated. The bullets made holes in the building's front facade. There were no injuries or deaths. "I believe the attack took place because some of our publications," said Mehmet Ali Dim, the newspaper's chairman.

The employees of the "Kemer Gozcu" (Kemer Observer) newspaper published in the Kemer district of the province of Antalya, said an unidentified person came to their office on August 1 after midnight and threatened them. They filed a complaint. Editor-in-chief Saffet Yenigun said Hakki Aydin, headof the Kemer Ayisigi Facilities, was threatening the employees through other people, because of a news story published in the newspaper. "Newspaper owners are confusing journalism with business relations," said Aydin, who admitted he went to the building where the newspaper's offices are located. Aydin, however, denied he threatened anyone.

"Gunluk Evrensel" reported Ugras Vatandas, who was beaten by police officers while he was following the clashes between NATO protesters and police in Okmeydani on June28 , filed a complaint at the Sisli State Prosecutor's Office. The reporter used photographs by the Turkish Human Rights Foundation (TIHV) as evidence for his complaint.

Detentions and Arrests

* On September25 , police officers in civilian clothes detained DIHA reporters Sedat Suna and Ertus Bozkurt without any reason, while they were following the "Peace and Democracy Meeting" in the Kadikoy district. The reporters were released after a six-hour detention.

* Imprisoned journalist Nureddin Sirin applied to benefit from an amnesty law. His application was rejected on September8 . An Ankara court, in linewith the views of the Interior Ministry, ruled that Sirin could not benefitfrom the amnesty law because he was "a leader of the Tevhit-Selam organization." Sirin's lawyer Haci Ali Ozhan said he would appeal the ruling.

* On the night of August 18 Melih Pekdemir, the former owner of the "Su Yayinlari" publishing house, and a writer for the "Birgun" (One Day) newspaper, was detained and taken to the Mersin police headquarters "for his testimony to be taken." Pekdemir was released after spending a day under detention and testifying. It was claimed that Pakdemir, the publisher of the book, "Fetullah's Truncheons," was being looked for to testify in the case opened against him for "insulting someone through a publication." An arrest warrant was issued against him because he could not be found "at his declared address."

* On July 10 Reporters Ozkan Zulfikar and Serif Karatas of the "Gunluk Evrensel" newspaper, who covered developments about those who raided the Van Police Headquarters and kidnapped the drug suspects, were detained, on grounds that they were "suspicious people." With the intervention of newspaper's officials and the Van officials of the Human Rights Association (IHD), the reporters were released after an hour under detention.

* Selda Yesiltepe, the manager of the "Anadolu'nun Sesi Radyosu" (Anadolu's Voice Radio) was kept under detention for four days. She was released on July 9 after prosecutors of a Besiktas court questioned her. Yesiltepe was detained along with three others at the tea shop in Sarayburnu in the Eminonu district. She was detained on grounds that her name was mentioned in a computer disc found at the "Ekmek ve Adalet Dergisi" (Bread and Justice Magazine), during operations on April 1 in Turkey and five other European countries.

Trials and Attempts

* Mehmet Yilmaz, one of the judges of the Manisa Youth Trial and the head of the Manisa Justice Commission; and lawyers Emin Uz and Halit Moralioglu of the police officers being tried in the Manisa case, and who were appointed to the "Manisa Penalty Execution Institution and Prison Monitoring Committee," took legal action against "Cumhuriyet" newspaper. The Supreme Court of Appeals cited "press freedom," and "public interest," to overturn the lower court's decision. The ruling of the Supreme Court of Appeals was published in the "Cumhuriyet" newspaper on September29 .

* On September21 , "Milliyet" (Nationality) newspaper's reporter Tolga Sardan was taken to the Ankara prosecutor's office by police, with the orders from the Istanbul State Prosecutors' Office, because of his news stories on the "connections between Cakici, MIT (National Intelligence Organization) and the Supreme Court of Appeals." He was questioned by prosecutor Semsettin Ozcan. "Sabah" reporter Unsal Ergel and "Zaman" (Time) reporter Ercan Gun also faced with preliminary inquiry for the same reason.

* On September22 , an Ankara court ruled that the "Gunluk Evrensel" newspaper has to pay 10 billion Turkish lira in damages to Prime Minister RecepTayyip Erdogan because of a caricature. The court ruled that a caricature bySefer Selvi, which was published along with an article titled, "AKP's Deep Head," was "an attack against personal rights. Cuneyt Zapsu, the prime minister's advisor, also pressed legal action and demanded 5 billion Turkish liras(USD3 ,300) in damages.

* The MOPAK paper factory in Dalaman sued Hasan Karacelik, the owner of the "Guney Ege" (Southern Aegean) newspaper, published in the Mugla region, its editor-in-chief Nuri Yimbil and columnist Yuksel Sari for news stories and articles published on August31 . The paper factory demanded 100 billion Turkish liras (USD67 ,000) in damages. The news stories and articles were about allegations that the MOPAK company pollutes the environment and does not respect the rights of its employees.

* On September10 , an Istanbul court decided there is lack of grounds for legal action in the case against writer Ragip Zarakolu of the "Yeniden Ozgur Gundem" (Free Agenda Again) newspaper and its manager, Mehmet Colak. Thetwo were sued because of an article titled, "None of Your Business" about the debate over a Kurdish Federation in northern Iraq. A Beyoglu court will take up the case. The newspaper's owner, Ali Celik Kasimogullari, and manager Colak had previously been handed a fine of 7 billion Turkish liras (USD4 ,700) because of other articles.

* In early September, it was found out that journalist Mehmet Ali Birand was sued by the Istanbul state prosecutors for "aiding and abetting PKK/Kongra-Gel organization." The trial was based on an April 8interview with the lawyers of the imprisoned Kurdish rebel leader Abdullah Ocalan in his program "32. Gun" (32nd day) on the television channel, CNN Turk. Ocalan's lawyers will also stand trial.

* On September9 , an Ankara court made a decision of lack of jurisdiction ina trial in which journalist Fikret Baskaya, publisher Ismet Erdogan of Maki publishing house, and editor Ozden Bayram were being charged for a book named, "Articles Against the Flow." Lawyer Aydin Erdogan said the case would be handled by another Ankara court because of a duty distribution in media crimes.

* On August20 , "Munzur Haber," (Munzur News) of the province of Tunceli, "Tunceli'nin Sesi" (Tunceli's Voice), "Halkin Sesi" (People's Voice), "Tunceli'de Emek" (Bread in Tunceli) newspapers and "Iskin" magazine were each handed a fine with an initial installment of2 billion Turkish liras (USD1 ,300) for not "notifying the state prosecutor of the required information in time," as stated in the Press Law, which went into effecton June9 . If the media organizations do not pay the fine in 10 days, legal action will be pressed against them. The monthly "Siyasi Gazete"(Political Newspaper) published in Istanbul was also handed a fine with an initial installation of 500 million Turkish liras (USD300 ) for the same reason.

"Ozgur Radyo" (Free Radio) in Istanbul, went off the air on August 18for 30days. The Radio and Television Higher Board (RTUK) ordered the radio station off the air for "inciting enmity." The board said that the channel" promoted discrimination based on ethnicity and incited hatred and enmity" by allocating a slot in "Talking Pages" program, for a news story from the "Gunluk Evrensel" newspaper. The news story taken from the "Gunluk Evrensel" was about an attack on the wedding ceremony of the members of theDemocratic People's Party (DEHAP) in the province of Adana.

Sevda Ergin, the editor-in-chief of the "Fabrika" (Factory) magazine published once in two months, is standing trial for an article by writer Zeki Tombak, titled, "The Situation of the Kurdish Problem-9." She is being charged with "disseminating propaganda on behalf of KONGRA-GEL." An Istanbul court began hearing the case on August12 . The state prosecutors willdecide whether writer Tombak, who attended the trial as a witness and stood behind his article, will be tried or not. The next hearing will be heard on November23 .

RTUK asked for a defense statement from "Radyo Dunya" (Radio World) for allocating a slot for an article by PKK leader Abdullah Ocalan titled, "There May be a War, and even I Would not be Able to Prevent it, "published in the "Ulkede Ozgur Gundem" (Free Agenda in the Country) newspaper. The radio presented its defense on August6 . "The radio cited the newspaper story directly," said the defense statement presented by lawyer Meric Tumer. RTUK on July 21 said citing Ocalan's statements was a "separatist" act and "incited hatred and enmity."

The Izmir Bar's claims that the "Kantar" (Steelyard) special "insulted the judiciary's individuality" led to a process of preliminary inquiry. The process resulted in the court deciding that there is lack of grounds for legal action on June 23 when the Justice Ministry did not allow a inquiry to take place. The development came to be known at the beginning of August. Caricaturist Cem Koc of the "Kantar" special and editor-in-chief, lawyer Hasan Yalcin, were questioned for a vampire picture published on April 2004for the Lawyers' Day.

The Supreme Court of Appeals overturned a prison sentence handed to Sinan Kara, owner of the "Datca Haber" (Datca News) newspaper for threatening a real estate agent in Datca through a publication. Kara was asking for the payment of an ad he published in "Datca Haber." He was sentenced to two years and 26 days in prison by a lower court. Kara, a resident of Izmir, was notified of the April 28 ruling of the Supreme Court, in July. On July29 , a Turkish court continued trying "Milliyet" reporter Fikret Bila, the writer of the book "Civilian Coup Attempts and Iraq Wars in Ankara," for "revealing the state's secrets." "I have accomplished my mission," said Bila during his testimony. "Some parts in my book consistof political dialogues. There is no crime." The court decided to request the Prime Ministry's opinion on whether the documents contained in the book constitute state secrets.

Fatih Demir, the head of "Radyo Dunya," and presenter Yeter Cemile Gundogdu, who are standing trial for citing, during a radio program, PKK leader Abdullah Ocalan's statements, attended the July 29 hearing at the newly established Heavy Penalty Court to replace the closed-down State Security Courts. Ocalan had said: "There May be a War, and even I Would not be Able to Prevent it." The court decided to ask RTUK for a copy of the programand to ask a group of experts from the State Radio and Television (TRT) to examine the tape and the court case. Demir and Gundogdu face up to five years in prison and a fine of up to 1 billion Turkish lira (USD670 ) for "disseminating terrorist propaganda."

On July23 , a court in Ardahan handed a fine of 500 million Turkish lirasto Bulent Kilic, the editor-in-chief of the "Yeni Istiklal" (New Independence) newspaper, for not publishing an identification tag in the April 9 and14 , 2004 issues. The journalist paid the fine next day.
The "Kultur Sanat Yasaminda Tavir" (Manners in Culture and Arts Life) magazine was temporarily closed down for 15 days on July20 , because of a caricature, which criticized the granting of an "excellent service" medalto Ali Suat Ertosun, the head of the Punishment and Detention Houses. The Istanbul DGM at the time had fined Muharrem Cengiz, the owner of the magazine and Ahu Zeynep Gorgun, the editor-in-chief, 4 billion 725 million Turkish liras (USD3 ,150) because of the caricature published in the September 2003 issue of the magazine. "The publication is beyond giving information and criticizing," ruled the court. " In this case, we can no longer turn to the article on freedom of expression of the European Convention on Human Rights."

A Turkish court, on July16 , continued trying Huseyin Aygun, head of the Tunceli Bar Association, and the owner of the "Tunceli'de Munzur Haber" newspaper, who advocated the right to receive education in mother tongues during the Newroz celebrations on March21 ,2002 . Aygun is being charged with "insulting the republic," and "praising an act described by law as a crime," along with 14 others, and faces up to five years in prison. The journalist is being accused of "criticizing the developments in thecountry, and in Tunceli, and for encouraging the people to chant slogans."

Another Turkish court on July16 , began trying Halil Eyyuboglu, a writerfor the "Zafer" (Victory) newspaper published in Gaziantep, Ismet Atar, the owner, and Atilla Konukoglu, the editor-in-chief, for insulting Prime Minister Erdogan. The journalists face a fine of10 billion Turkish liras (USD6 ,700) for an article titled, "Will it be Kurdistan after Cyprus?" Eyyuboglu, in the article had criticized the prime minister for telling Rauf Denktash, the president of the Turkish Republic of Northern Cyprus (TRNC), to "Go tell whatever you want to tell in the TRNC." Denktash, at the time had wanted to come to Turkey and give a speech ahead of a referendum onthe island.

On July15 , the Supreme Court of Appeals overturned the ruling of the Istanbul DGM, which convicted Erdal Tas on grounds of article312 /2 of the Turkish Penal Code. The Supreme Court of Appeals ruled that freedom of expression encompasses "the right to not agree with the majority, to question the established order, and even to criticize." It added that opinions with a traumatic quality, those that anger the majority, andthose that impel them to discussions, are overseen by the freedom of expression.

On July13 , an Ankara court acquitted Adnan Yuce, the owner of "Radyo Imaj," (Radio Image) who was standing trial for "continuing broadcasts although his broadcasting license was canceled." The Ankara court based its decision ona lack of adequate evidence. Yuce, who faced a prison term and a fine, was being accused of "ignoring a warning the radio received on December2003 for preventing TRT radio broadcasts."

On July12 , a military court ruled there was lack of grounds for legal action in a case in which journalist-writer Abdurrahman Dilipak and Mustafa Karahasanoglu were being accused of "damaging junior-senior relations," in the military, through an article published in the "Turkiye'de Cuma"(Friday in Turkey) magazine. An Istanbul court will take over the case. The journalists were sued because of an article titled, "What if the Generals Don't Listen?" published on August29 , 2003.

On July10 , a legal proceeding for the collection of debt was begun, about four local journalists who lost a defamation case opened by the Gole local administrator. The personal car of Fakir Yilmaz, the owner of the "Kuzeydogu Anadolu" (Northeastern Anatolia) newspaper, who argued the ruling of the Supreme Court of Appeals was not waited for, was confiscated with the proceeding of a legal action for the collection of 9 billion 500 million Turkish liras (USD6 ,300) of debt. The journalists had written that villagers, who came to the office of the local administrator, were forced outside by the police because their "shoes were muddy, and because they smelled like a stall.

Five DIHA employees and Baris Gullu, the owner of the "Ozgur Halk" (Free People) magazine were detained during a raid to the agency's offices ahead of the NATO summit. In early July, they were sued for "membership in an illegal organization," and "aiding and abetting an illegal organization." The first hearing will be held on October26 .

On July6 , Mehmet Yurek, the editor-in-chief of the "Degisim" (Change) newspaper published in Marmaris, stood trial for using the expression, "to bridle" in referring to former president Kenan Evren in an article published on April16 ,2004 . The court in Marmaris asked that Kenan Evren attends the hearing. Lawyers Turgut Inal and Meral Ondersev for the journalist, presented to the court a report about the etymology study of the word "to bridle." The journalist was sentenced to a year and three months in prison for another article titled, "4 Mustafa or 4 Worship-1." The prisonsentence was suspended.

A court in Van acquitted Selahattin Demirtas, the head of the Diyarbakir branch of the IHD on July6 . Demirtas was being charged with "disseminating propaganda in favor of KONGRA-GEL" through a speech at the Mus branch ofIHD on October2003 . He was facing up to four years in prison. Demirtas will stand trial on January24 , 2005 for "praising an act defined by law as a crime," through an interview he gave to the local "Gun" (Day) newspaper.

A case was opened against three newspaper distributors detained at the offices of the "Yeniden Ozgur Gundem" newspaper and three DIHA reporters,at the Izmir DGM. The same court committee heard the hearing under the title, "Heavy Punishment Court" after the DGMs were annulled through law no:5190. The hearing on July 1 was postponed until September 30 so that the police records about two defendants could be studied.

Regulations and Legal Procedures

The Turkish Grand National Assembly (TBMM), on September26 , approved a new345 -article Turkish Penal Code. The TCK, which changed after 78 years, will go into effect on April1 ,2005 . The TGC has warned that regulations on issues such as, "tempting people into committing suicide," "the secrecy of communication," "insults," "the secrecy of personal life," "crimes against public peace," "obscenity," "affecting prices," crimes against the court house," "genital examination," "turning people off from serving in the military," "actions against basic national interests," "state secrets,"and "aiding organization," will create problems during implementation.

On September22 , the Constitutional Court annulled some articles of thelaw no: 4756 on the Establishment and Broadcasts of Radio and Televisions, saying they conflicted with the constitution. The regulation which "granted a quota in the election of RTUK members to political parties in parliament," the rule that stated that "capital share at television and radio institutions, with a viewer and listener ratio of 20 percent per year, may not be more than 50 percent," and the regulation that "specified the lower limit of fines granted at10 billion Turkish liras," were found to be against the Constitution. The Constitutional Court asked that new regulations in line with its views, are prepared within six months.

On August20 , RTUK head Fatih Karaca said "Soz" (Word) and "Gun TV" (DayTV) television channels in Diyarbakir, and "Cagri TV," (Calling TV) in Batman made applications to get permission for "broadcasts in different languages and dialects." "As a result of our study, we found out that these languages and dialects were being used in those areas and decided to allow the three organizations to file applications in line with the regulation," said Karaca.

President Ahmet Necdet Sezer, on July20 , approved law no: 5218on "Abolishing Death Penalty and Amending Some Laws," which brought changes to the RTUK's member structure. The number of members in the RTUK board was reduced to eight from nine. The influence of the National Security Council (MGK) in choosing members was terminated. On August18 , Ahmet Abdullahoglu, head of the Antakya Journalists' Cemiyet (AGC) called on the government to cooperate with media professionals' unions in the preparation of Press Labor Law no:212 , the RTUK law, andthe TCK draft. Abdullahoglu said it was positive that the government asked for media professionals' unions opinions in preparing the Press Law draft.

On July18 , prosecutor Nuri Ok of the Supreme Court of Appeals, told the officials of the "Sanat ve Hayat" (Art and Life) magazine, who sued the Istanbul Police Headquarters, Istanbul Governor's Office and the Interior Ministry, for monitoring electronic mails, that their complaint about Istanbul Governor Muammer Guler could not be processed. The prosecutor's office took this decision on June9 , on grounds that "there is no evidence to prove that the governor made orders about monitoring electronic mails, or that he was aware of the act but did nothing toprevent it." The readers of the magazine had claimed that their e-mails to the magazine returned to them with a message from the Information Systems Center of the Police Headquarters.

Reactions against Censorship

On September27 , Tobias Pfluger, a left group member of the European Parliament, and a member of parliament from the German Democratic Socialism Party, said he would bring up the issue of "Gunluk Evrensel" (Daily Evrensel) newspaper at the left group of the European Parliament. The newspaper had received a fine for a caricature. Pfluger added that they would prepare a report about the issue before December 17, when the EU leaders will decide whether to start membership negotiations with Turkey, and send it to authorized institutions.

Diyarbakir's "Gun TV" and "Can TV" (Life TV) had to temporarily stop their broadcasts on September 26 as a result by a30 -day penalty by RTUK because of Kurdish songs and conversations. Their objection at the administration court had not yet been processed. "Gun TV" employees, in protest of the penalty, attended the "Muzik Diyari" (Music Land) program, with theirmouths covered with black bandages with "RTUK" written on them.

The Web site www.turkla.com , hosted in Los Angeles, said on September8 , that it fired one of its writers, Yesim Kucukkoyle, because of her opinions. "Kucukkoylu's articles have been removed due to the reaction we received from certain circles," said a statement on the Web site. "Her articles will no longer be published on our Web site. Our Web site does not agree with Kucukkoylu's claims and opinions." On criticisms they received, the officials of the Web site said: "We did not voluntarily do this. Kucukkoylu made some statements about MIT and the military. Certain Turkish institutions began monitoring us. We kept receiving phone calls and being pressured by different circles. They asked for Kucukkoylu's identity, address and telephone number. They pressed preliminary inquiry about the Web site's managers. We found out that we would face problems in entering and leaving Turkey."

The Solidarity Platform of Imprisoned Journalists, announced on September 15that pressures against opposition journalists were continuing. The platform claimed that there are 20 imprisoned journalists. It said that Erol Zavar had to be released at once because he was suffering from bladder cancer. A campaign was launched for the release of Zavar, who had already had three operations.

On September8 , the EU Expansion Commissioner Gunter Verheugen visited Izmir. Mustafa Rollas, the head of IHD Izmir branch, gave Verheugen a book named, "Sinan'in Kara Kitabi" (Sinan's Black Book) by journalist SinanKara as a present. Rollas said there were improvements in the laws about the freedom of press and expression in Turkey, but pointed out that there were problems in implementation. He talked about the trials Kara is standing as examples for his argument.

On September7 , Irfan Ucar, the head of the "Ulkede Ozgur Gundem" newspaper said the newspaper, which had only 192 editions so far, was the subject of 90 separate trials. Ucar said 15 trials based on articles 159 and 312 of the TCK were continuing at a court in Beyoglu. " 12new cases were opened at the Heavy Penalty Courts, which replaced DGMs," said Ucar.

On September7 , the heads of IHD, Turkish Human Rights Foundation (TIHV)and the Solidarity Association for Human Rights and the Oppressed (MAZLUMDER), gave support to journalist Fikret Baskaya, who was standing trial for two of his articles published 11 years ago. "The right to criticize may not be prevented by hiding behind insult accusations," said the human rights activists.

Naki Erdogan, the managing editor of the "Istikbal" (Futurity) newspaper, who went to the police headquarters to get the daily press statement on September2 , was not allowed to enter the building. "You are forbidden from coming in," Police Chief Savas Yucel told the journalist. "I have ended my relations with you." Journalist Mehmet Cil, who was also there, asked Yucel whether Erdogan would be detained. Yucel responded: "Are you stupid? Why would I detain him. Am I in love with you?" The Eskisehir branch of the Contemporary Journalists' Association (CGD), the Journalists' Community and the Turkish Press Union released a joint statement and condemned the incident.

CGD and Reporters Without Borders (RSF) made a statement on August 23, and protested the fact that Istanbul's "Ozgur Radyo" (Free Radio) was ordered off the air for a month. Erdal Emre, the news coordinator of "Yon FM" (Direction FM), objected to RTUK's "penalty." M. Duran Ozkan, the owner of Malatya's "Gunes TV" (Sun TV) , underlined the economic burden of the RTUK penalties. "Ordering televisions and radios off the air, hurts the continuity of broadcasts," said Ozkan. RTUK had cut off Ozgur Radyo's broadcasts on August18 , because cited an article titled, "An Attack Likea Massacre," published in the "Gunluk Evrensel" newspaper.

Gun TV in Diyarbakir applied to get permission for Kurdish broadcasts on March23 . RTUK's Legal Consultancy, in a letter to Gun TV on August16 ,said the application was being evaluated by the board and the channel would be notified about the outcome of the evaluation. Although the regulation about different languages and dialects went into effect on January25 , no private national channels showed interest in broadcasts in any other language than Turkish up to today. TRT, with pressure from the government, has been broadcasting in different languages since June7 . On August20 , RTUK head Fatih Karaca said "Soz" and "Gun TV" in Diyarbakir, and "Cagri TV" in Batman filed applications to get permission to broadcast programs in different languages and dialects. "As a result of our study, we found out that those languages and dialects were used in those areas. We decided to allow the three organizations file applications in line with the regulation," said Karaca.

Kemal Keles, the head of the Press and Communications Laborers' Union (Haber-Sen), in a statement on July28 , argued that RTUK picked people close to the government to show as candidate for the TRT management. "The RTUK members, who have up to today reflected the voice of their owner and chose candidates in line with the preferences of the political powers at the time, have done it again," said Keles.

Lawyer Mehmedali Baris, who tried to encourage broadcasts in the Laz dialect, said TRT responded to him, only out of courtesy and duly. On July29 , Baris said he would press for legal action. On July14 , TRT, which responded to the demands for broadcasts in the Laz dialect, said: "We are continuing our broadcasts in traditional languages and dialects in linewith the regulation."

On July24 , the96 th anniversary of the annulment of censorship in the press, Oktay Eksi, head of the Press Council, called for attention to the situation of imprisoned journalist Hakan Albayrak and other journalists who have been sentenced to prison. "Imprisoned journalists should apply to the European Court of Human Rights," said Eksi. Eksi called on the government to urgently amend laws that are used to imprison journalists.

Prime Minister Erdogan on July23 , got angry with the "Radikal" (Radical) newspaper's reporter who asked him: "Will you be doing anything about those responsible of the train accident?" Erdogan said there have been many accidents on the same railway since1950 . "Know how far you can go before asking questions about such issues," said Erdogan.

On July14 , Emin Koc, a Yozgat lawmaker from the Republican People's Party (CHP) , handed four question motions to the TBMM Headship about the implementations at TRT. Koc demanded that State Minister Besir Atalay respond to the motion in writing. In the motion, Koc asked about the broadcasting and personnel policies of TRT head Senol Demiroz, and the appointment of Basin-Sen representative and TRT reporter Mehmet Demir to Erzurum for a temporary duty.

On July13 , Lawyer Elif Kosaroglu, the deputy head of the Istanbul branch of Mazlum-Der, talked about Nureddin Sirin, and called for the release of all thought convicts. Kosaroglu said the jurisdiction was under pressure in the Sirin case. She added that the files of thought convicts should be revised after the annulment of DGMs.

Memik Horuz, the manager of the "Isci Koylu" (Laborer Villager) newspaper, was convicted for "membership in an illegal organization." On July12 , he sent a letter he wrote in prison and called on the press for sensitivity. "Attitude toward the socialist press should be regarded as the touchstone for press freedom," said Horuz, who has been in prison for the last three years. Horuz, who is in the maximum-security F-type prison in Tekirdag, applied to the ECHR in July 2003.

On July4 , the Freedom of Thought Committee of Mazlumder, called on officials to free the though prisoners. Nureddin Sirin, the former writer of the "Selam" (Greetings) newspaper and Hakan Albayrak, a former writer for the "Milli Gazete" (National Newspaper) are among people defined asthought convicts.

European Court of Human Rights

On August12 , Dogan Dogan, the manager of the Edremit "Korfezin Sesi" (Voice of the Gulf) Web site applied to the ECHR when he failed in pressing legal action for "extended detention" in Turkey. Dogan said article 5 of the European Convention on Human Rights, titled "the right of freedom and security," and article6 , which oversees "the right to a fair trial," had been violated. Dogan, who was detained on January6 , was released after being questioned about Salih Gunardi, the writer of the article "We Toldthe Boss and the Servant." Balikesir Journalists' Community had criticized the event.

The ECHR, on July27 , convicted Turkey to pay3 , 000euros in compensation in a case opened by journalist-writer Ertugrul Kurkcu, who translated the book "War and People: Arms Transfers and War Law Violations in Turkey." It also ruled that Turkey should pay2 , 500euros for the court expenses. The ECHR ruled that although the book contains harsh expressions, it does not have a hostile attitude. Kurkcu had been sentenced to a suspended 10 months in prison in 1997 for "insulting the military." Ayse Nur Zarakolu, the owner of the Belge Publishing House, which published the book, had been handed a fine.

On the same day the ECHR penalized Turkey in a case opened by the relatives of Irfan Agdas, who was shot by police as he was distributing the "Kurtulus" (Liberation) magazine in Alibeykoy. The court ruled that Turkey has to pay15 , 000euros for violating "the right to live" (article2 ) and "the right to apply to court" (article13 ).

On July13 , the ECHR handed a punishment to Turkey in a case opened by the Belge Pulishing House, which was convicted for publishing a book titled, "Our Ferhat, the Anatomy of a Homicide." The book was about the murder of journalist Ferhat Tepe and other human rights violations in southeastern Turkey, and harshly criticized state officials. Publisher Ayse Zarakoluhad been fined for "disseminating separatist propaganda." The ECHR ruled that the right to fair trial as defined under article 6/ 1of the European Convention on Human Rights, and freedom of expression defined under article10 , had been violated and ordered Turkey to pay5 , 000euros in compensation and2 , 500euros for the court expenses.

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7) Turkish human rights row erupts
By Jonny Dymond
BBC correspondent, Istanbul
November 1, 2004

Advisers to the Turkish prime minister have come close to blows over one of their own reports on human rights.

A trades union leader tore the chairman's notes from his hand before heckling him and denouncing the report.

The document, on the protection of minorities, strongly criticised a lack of rights and freedoms in Turkey.

Ankara recently rushed through a series of political reforms meant to improve its human rights record and its chances of gaining European Union membership.

For weeks there has been bitter controversy about the report by the prime minister's human rights advisory board.

'Paranoia'

Many members of the board say that it does not represent their views.

That bitterness became very public indeed when the trade union leader intervened as the report was to have been launched at a news conference.

The report has many strong things to say about Turkey's protection of minority rights and cultural freedoms.

It says that the declaration in the constitution that Turkish is the official language of the republic is "impossible to understand" given Turkey's international treaty commitments to minority rights.

It criticises what it calls the "paranoia" that granting cultural freedoms to minorities might lead to the break-up of the republic.

Decision pending

It says that parliament is now unable to supervise the government, that torture continues in the security services and that the courts protect the accused rather than the victims of crime.

The government has distanced itself from the report.

It comes at a very bad time for Turkey.

A month ago the European Commission gave the country a qualified yes for EU membership but the final decision will be made by the heads of member states in mid-December.

There are some ready to use a report such as this to delay once again a move towards membership negotiations.

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8) Rights groups condemn attack on minority rights report
Turkish Daily News
3 November 2004

Turkish human rights organizations were united in condemning a violent interruption at a press conference by head of the Human Rights Advisory Board (IHDK) to unveil a report on minority rights in Turkey.

IHDK Chairman Ibrahim Kaboglu was forced to stop a press conference on Monday when some of the board's members forcibly grabbed the text of his speech and tore it into pieces. The report, which has been highly controversial since excerpts from it were leaked to the press a few weeks ago, recommends to the Prime Ministry changes to the Constitution and relevant laws to extend cultural rights and criticizes Turkey's practices concerning the definition and the rights of minorities.

In a joint statement, Human Rights Association (IHD), Turkish Human Rights Foundation (TIHV), Mazlum-Der and the Turkey office of the Amnesty International, said forcible termination of Kaboglu's speech by certain members of the board was "unacceptable."

Monday's incident is the latest in a series of rows within the IHDK -- a body attached to the office of Prime Minister Recep Tayyip Erdogan. Secretary-General of the public workers' union Kamu-Sen Fahrettin Yokus, who tore up the papers in Kaboglu's hand at the press conference, defended his actions yesterday, saying the report was a "document of betrayal" and vowed to tear it up again whenever he came across it.

The 78-member IHDK brings together academics and non-governmental organizations and is sponsored by the Prime Ministry.

The groups' statement said Monday's incident highlighted the need to revise the structure of government-sponsored human rights institutions.

A statement from pro-Kurdish Democratic People's Party (DEHAP) also criticized Yokus for his intervention and condemned it as "very ugly behavior."

The European Union, which Turkey aspires to join, is pushing Turkey to extend the cultural rights for Kurds and non-Muslim communities.

Monday's incident was also on the agenda of a meeting between the German Greens' Party Co-Chairperson Claudia Roth and Parliament's Human Rights Commission Chairman Mehmet Elkatmis at Parliament yesterday.

Elkatmis told Roth that it was impossible to approve of what happened on Monday but criticized the report, saying it was full of insults to the government and Parliament.

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9) Roth sees problems concerning 'minority issue'
Turkish Daily News
November 4, 2004

A group of German Greens members of parliament met with Fener Orthodox Patriarch Bartolomeos yesterday and discussed religious rights for minorities just weeks ahead of a key EU summit at which European leaders are due to decide whether to start memebership talks with Turkey, the Anatolia news agency said.

The head of the delegation, German Alliance 90/Greens Party co-chairperson Claudia Roth, speaking at a news briefing at the German Consulate General after the meeting, said they came to Turkey to examine implementation involved with Turkey's European Union harmonization process.

"We have come here to look into the level of the realization of the reforms and to determine the places in light and in darkness," Roth was quoted as saying by Anatolia.

Roth said they had a positive impression of the reforms, however adding, "There are still problems being experienced on some issues such as the minority issue." She mentioned that they were going to the southeastern Anatolian province of Diyarbakir to get a first-hand look at the situation. "We will have contacts in Diyarbakir and gather information on the Kurdish issue," she said.

Roth and Winfried Nachtwei went to Diyarbakir last night, where they are to meet with Diyarbakir Governor Efkan Ala and Mayor Osman Baydemir at a dinner tonight. The visiting delegation will go to Sirnak during the day to ascertain whether German-produced military tanks were used for resettling Kurdish villagers as a German daily had reported last month.

The other members of the delegation -- Reinhard Butikofer, Krista Sager, Katrin Goring-Eckardt, Marieluise Beck, Ekin Deligoz and Rainder Steenblock -- were to depart for Germany today.

The German delegation met with Prime Minister Recep Tayyip Erdogan and Foreign Minister Abdullah Gul in Ankara earlier in the week as well as with former Democracy Party (DEP) parliamentarians Leyla Zana, Orhan Dogan, Hatip Dicle and Selim Sadak, who were released after 10 years' imprisonment following a EU-inspired reform abolishing the State Security Courts (DGMs), which had convicted them on charges of separatism.

"We believe that a positive decision will be made at the EU summit on Dec. 17 for starting negotiations with Turkey and that a date will openly be set for the start," Roth said after her meeting with Erdogan. She said their visiting Erdogan demonstrated the great importance they attributed to the relationship between Turkey and the EU.

Neither Roth nor Gul made any statements after their meeting. However, diplomatic sources told Anatolia that Gul emphasized during the meeting that Ankara expected to get a clear starting date for its entry talks at the Brussels EU summit and did not want any procedures other than those the union had applied to the other candidate countries.

Representatives of the Human Rights Association (IHD), the Turkish Human Rights Foundation (TIHV) and Mazlum-Der were the nongovernmental organizations that met with the German delegation. The German Greens listened to their views on the "systematic torture" and "minority" issues.

Roth, who was known to the Turkish public for her harsh criticism over Turkey's human rights record in the past, has been a firm backer, together with her party, of Turkey's EU bid against the German unionist parties. The German Greens held their general assembly in Istanbul following the release of the EU Commission's report on Turkey as a gesture of support.

The EU Commission recommended that the EU Council set a date for the start of Turkey's entry talks. European leaders are to make a decision whether to open Turkey talks at a Brussels EU summit on Dec. 17.

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10) Rights Association Official Says Draft Law Legalizes Torture
Draft Law on Execution of Penalties, introducing forced labor, uniforms, defining silent protests as disciplinary crimes and imposing solitary confinement aims at legalizing psychological torture.
BIA News Center
November 3, 2004

BİA (Istanbul) -  The draft Law on Execution of Penalties is a legal device aimed at turning pressure and torture into systematic acts, believe Istanbul branch of the Human Rights Association (IHD) activists.

Eren Keskin, head of IHD Istanbul branch, and Huri Vayic from the organization's Prison Commission, warn that Turkish parliament will soon pass the draft Law on Execution of Penalties which IHD argues for providing legal justification for systematic psychological torture.

In a public statement, IHD criticizes the draft Law on Execution of Penalties on those points:

* By regarding the convicts and prisoners as individuals who are stripped of rights, and who are in need of rehabilitation; and by regarding prison management as the representative of absolute truth and goodness, and by accepting it as the curative authority, the draft law aims at building the state-individual relation of the fascist ideology in the prison,

* By introducing prison uniforms, the draft law aims at stamping the oppressed individuals also through their outfits and at extending oppression over every second of the day,

* Through compulsory education, the draft law forces imprisoned individuals to adopt a specific ideological stand,

* Through forced labor, the law aims at maximizing the abuse of labor, and at oppressing the individual once again by stripping from the right of determining how to use his/her time and productivity,

* By forbidding even silent protests, the law denies the prisoners' right to pursue personal rights and regards them as slaves,

* The maximum security F-type prisons with 1 to 3 people-cells legalizes isolation, and turns torture through isolation into a strong item of the legal system.

* The law also lifts the distinction between detainees and convicts. Apart from imposing forced labor, the draft law similarly threatens the detainees even in harsher terms such as accepting visitors with the approval of the prosecutor and the judge, incarceration in isolation cells, and handcuffing in prison.

IHD reminded that Prime Minister Recep Tayyip Erdogan, recently during the opening of a courthouse in Alanya had said: "Torture does not only take place under detention. The unhealthy prison conditions should also be regarded as torture."

"Today, the conditions of the prisons in our country, and especially isolation, are a type of torture for the prisoners."

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11) Turkish Parliament To Vote On Abolition Of Death Penalty
Anadolu Agency
November 1, 2004

ANKARA - A bill which envisages ratification of Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, was presented to the Turkish Parliament Speaker's Office on Monday.

Under the protocol adopted and proclaimed by the UN General Assembly on December 15th, 1989, no one within the jurisdiction of a State Party to the present Protocol shall be executed. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

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12) Turkish ex-ministers appear in court in corruption trial
AFP
November 2, 2004

ANKARA - Two former Turkish energy ministers appeared before a special court Tuesday to face corruption charges in a trial seen as a test of the government's determination to combat a widespread scourge in the country which is seeking to join the European Union.

Cumhur Ersumer and Zeki Cakan are among six ex-ministers which parliament decided should be tried by the Supreme Court -- the name under which the constitutional court judges top public officials -- since the ruling Justice and Development Party (AKP) came to power in 2002.

The two men are accused of abusing their office, misusing their authority, intervening in state tenders and causing huge public losses during their tenure.

The defendants each face more than 10 years in prison if found guilty at the end of the trial, which is likely to take several months.

As Cakan entered the courthouse he denounced what he called a "political lynching" and said he welcomed the chance to respond to the charges, which he dismissed as baseless.

In Tuesday's hearing, followed by a throng of reporters, lawyers for Ersumer and Cakan presented to the 11-judge panel their arguments on what they saw as procedural mistakes in the trial.

The lawyers argued that the case against their clients should be thrown out on the grounds that the parliamentary decision to send them to court -- based on a report prepared by a parliamentary commission on the allegations -- was invalid because procedural rules were breached in the process.

They also argued that their clients were facing more accusations than those originally detailed out in a parliamentary proposal, in violation of the law.

The defence team also said some of accusations directed against the ex-ministers were vague and asked the court to try the two men separately on the grounds that there was no direct link between them that called for a joint trial.

The country's top prosecutor, Nuri Ok, however, asked the court to reject most of the defence lawyers' demands, but he agreed with the defence argument that the two men were facing more changes than originally laid out.

He asked the court not to take into consideration 22 charges against the defendants during the trial.
After a two-hour break, the court's president Mustafa Bumin announced that the trial had been adjourned until November 25 for the judges to evaluate and make a decision on both the defence and the prosecution's demands.

Both Ersumer and Cakan were members of the Motherland Party, whose former leader Mesut Yilmaz, a three-time prime minister, has also been sent by Turkish lawmakers to trial on corruption charges, along with former economy minister Gunes Taner.

Cakan succeeded Ersumer -- a close aide of Yilmaz -- in 2001 when the latter resigned amid a corruption scandal at the ministry.

Apart from these four men, former deputy prime minister Husamettin Ozkan and former economy minister Recep Onal are also set to answer charges before the Supreme Court.

The trials came at the end of a far-reaching parliamentary inquiry looking at claims of allegedly large-scale fraud in tenders, sell-offs, banking reforms and energy projects over the past decade that have reportedly cost Turkey billions of dollars.

The AKP initiated an anti-fraud campaign in parliament following pre-election pledges to stamp out chronic corruption, seen by many as one of the core reasons for the economic woes plaguing the country.

The Supreme Court has tried 12 former ministers on different charges since 1928 and eight of them have been sentenced to either fines or prison terms.

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13) Turkish army denies Greek claims of territorial violations
AFP
November 2, 2004

ANKARA  - The Turkish army denied on Tuesday a string of allegations by Athens that Turkish military planes and ships are systematically violating Greek airspace and territorial waters in the Aegean Sea.

"Allegations by Greece that Turkey is engaged in intensive activities in the Aegean airspace and in the Kardak area (Imia in Greek, in the Aegean Sea) do not reflect the realities," deputy chief of staff Ilker Basbug told a news conference. "There is no extraordinary activity."

The general conceded that military flights in the region had increased since September, but explained it was due to the end of the Olympic Games in Athens, during which Turkey had agreed to cancel scheduled maneuvers and decreased flights to "a minimum" in a gesture of good will.

"After the end of the Olympics, Turkey continued flying activities which it has conducted routinely in line with its indispensible rights and interests in the Aegean," he said, adding that the same circumstances were valid for Turkish coast guard boats operating in the Aegean Sea.

Basbug underlined that the Greek military flights in the Aegean air space outnumbered those of Turkey.
Though allies in NATO, Turkey and Greece have long been at loggerheads over territorial rights in the Aegean and have regularly traded accusations of violations and harassment.

Greece claims a 10-mile airspace limit around its long coastline but Turkey only recognizes six miles, arguing that under international rules Greece's airspace should be the same as its territorial waters.

In January 2002, the two countries started closed-door talks aimed at resolving their territorial disputes.

Some Turkish observers have suggested that Greece's recent spate of accusations could be an attempt to corner Turkey in the run-up to a December 17 decision by the European Union on whether to start membership talks with Ankara.

Though it has expressed support for Turkey's EU bid, Athens warned last week that Turkey's alleged territorial transgressions could undermine its ambitions.

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14) Which way is West for Turkey?
Korean Herald
by Soli Ozel
2 November 2004 

When Turkey's parliament voted in March 2003 against allowing American troops to open a northern front against Iraq, Turkey's traditional strategic partnership with the United States ended. The two countries still recognize many mutual interests, but now they manage these interests on a far different basis.

The vote shocked "old Europe" and the Arab world as much as the Bush administration. Europeans who considered Turkey a potential Trojan horse for America within the European Union were forced to reconsider. For many Arabs, the vote showed that Turkey was not an American lackey and would not cooperate with American imperial designs, despite close Turkish-Israeli relations.

Long-simmering disagreements between Turkey and the United States came to a boil with the emergence of the Kurds of northern Iraq as the Pentagon's main allies in the Iraq War. The American administration made it clear that military intervention by Turkey in northern Iraq would not be tolerated.

That message was confirmed on July 4, 2003, when American forces arrested several Turkish Special Forces troops in the town of Sulaimaniya, humiliating them by putting sacks over their head as they took them into custody. Only intervention by U.S. Vice President Dick Cheney two and a half days later secured the release of the soldiers, who were alleged to have been planning clandestine operations within the Kurdish zone.

Despite ongoing tensions, the Turkish government has been eager to mend relations with America, as it is anxious to have some influence over developments in Iraq. So the authorities responded quickly to the Bush administration's request for Turkish troops to join the coalition, although the idea was stillborn - rejected by both the Kurds and the American-appointed Governing Council in Iraq.

America has its own reasons to patch up the relationship. Turkey's secular, capitalistic, democratic order has become especially valuable to the Bush administration as it seeks to integrate the wider Middle East into the world system by liberalizing its economy and democratizing its polity. Thus, America trumpeted its continuing support for Turkish membership in the EU, notably in President Bush's speech in June at Istanbul's Galatasaray University - at a bridge that joins Asia and Europe.

But serious bilateral problems remain. The government is irritated by U.S. occupation forces' neglect of the northern Iraqi bases of the PKK, the Kurdish separatist insurgents who have fought a 15-year war against Turkey. More broadly, the government regards the United States as too complacent vis-a-vis Kurdish political developments and unmoved by Turkey's concerns about Kurdish independence. The United States, for its part, is unhappy with the government's objections to unrestricted American use of the Incirlik airbase in southeastern Turkey, as well as by recent tensions with Israel.

In the meantime, Turkey is moving closer to the EU, with the government overcoming nationalistic objections in the parliament to push through comprehensive reforms. Turkey also showed its goodwill over Cyprus, removing a nagging political obstacle to EU membership. These steps led to the European Commission's recent recommendation to begin accession negotiations with Turkey.

The EU accession process has also underpinned a shift in Turkish policy on Iraq. Previously, Turkey viewed Iraq solely in the context of its domestic Kurdish problem. But widespread European opposition to the war removed the possibility of Turkish military intervention, forcing the government to develop another vision of Turkey's interests.

At the same time, the Iraqi Kurds also appear to appreciate how much they need a friendly Turkey. The northern border with Turkey is their lifeline to the outside world. As a result, Turkey no longer considers a federalized Iraq a threat to its security, as long as each federal unit maintains a measure of ethnic diversity.

Of course, Turkey remains opposed to an independent Kurdistan. But now its concern is more closely tied to regional politics than to the Kurdish issue. Turkey has no desire to serve as a strategic counterweight to Iran and believes that only a territorially intact Iraq can continue to play that role. Furthermore, Turkey is concerned about the possibility of civil war in Kurdistan between the two largest Kurdish factions.

But, unlike either Iran or Syria, Turkey genuinely wishes to see a strong and representative government in Baghdad. Thanks to EU pressures, Turkey's domestic Kurdish problem is well on the way to being resolved democratically, with most Kurdish leaders in Turkey expressing their commitment to Turkish unity.

For Turkey to consider military intervention in Kurdistan, EU member states would first have to renege on their commitment to negotiate Turkish accession. Equally dramatic would be any attempt by the Kurds to forcibly change the demographic balance of the multiethnic city of Kirkuk.

Turkey would prefer that Kirkuk, with its large Turkmen population, be given special status in the forthcoming draft Iraqi constitution. The United States also shows signs of understanding the importance of maintaining a multiethnic Kirkuk and is putting pressure on its Kurdish allies.

Turkish diplomacy has thus become a well-calibrated balancing act, moving closer to European positions in the Middle East, but eager to maintain close relations with the United States. If this approach succeeds, Europe's bridge to Asia may also become its bridge to America.

* Soli Ozel teaches in Bilgi University's Department of International Relations and is a columnist for the Turkish daily newspaper Sabah.

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15) Turkey: A true model for the Muslim future
Newsweek
by Graham E. Fuller
8 November 2004 

While violence seems to consume so much of the Muslim world, a different kind of Islamic revolution is taking place in Turkey. We could say that a new "model" is in the making. It's not the example that Washington used to toutTurkey as a "secular" Muslim nation, anchored in NATO and strongly pro-America. To the contrary, Turkey is becoming a model for the Middle East and the rest of the Islamic world precisely because it is breaking with this old stereotype.

Today, Turkey is run by the first democratically elected  and pragmatically successful  Islamic party in the Muslim world's history. A healthy plurality of Turks voted for the Justice and Development Party not because they wanted more Islam, but because they believed the party could get things done. And it has. The past two y ears have brought extraordinary changes, from needed democratic reforms to a wholesale remaking of the economy. At the same time, the country is loosening its old geopolitical moorings. NATO membership notwithstanding, Ankara told Washington "no" in attacking Iraq from Turkish soil. With negotiations likely to begin soon on joining the European Union, Turkey in the future will grow closer to Europe than to America. All together, we have a fascinating new dynamic.

Ironically, it's only with these successes that Turkey could at last become a true model for Muslims worldwide. The point is not that the country needs an Islam-oriented government to succeed. It is the possibility of having one, rotating in and out like any other party, that places Turkey's democracy on a truly representative and sound footing. Most other Muslim states in the world are racked by clashes between harsh dictatorships and Islamist parties, which now represent the primary opposition to authoritarianism. Turkey is the first Muslim state that has solved this problem by successfully moderating and integrating Islamists into the political system.

What about the old Turkish model? In fact, the famed "secularism" of the past was not really that at all, at least as Americans or Europeans would understand it. For all his brilliant reforms, Mustafa Kemal Ataturk, the saviour and founder of modern Turkey after World War I, suppressed Islam entirely in the public sphere; his Westernized elites often ridiculed it. Ataturk in effect performed a cultural lobotomy on the country. Public reference to the brilliant accomplishments of 700 years of the Turkish-Islamic Ottoman past were extirpated. Turkish politics over the last 80 years seethed as traditional elites, proud of their past and comfortable with their moderate Islam, fought for recognition in the new Turkish republic. The balance is now swinging back to a more normal center in which the Turkish Islamic past is increasingly reintegrated into the political order. This is a healing process of reconciliation, vital for democracy.

Turkey has never been stronger. The next test will be to see how this new government handles Islamic radicalism  or terrorism  and whether it can forge a more modern understanding of what role Islam should (or should not) play within the country's political order.

If the European Union is concerned about "cultural indigestion" in absorbing a Muslim country into its ranks, what better model could it find? Should the European Union be unable to accept the new Turkey, then its claims to genuine multiculturalism will have been shown to be empty. And yes, the West must acknowledge that what we are witnessing in Turkey is a modern, moderate form of "political Islam." The term cannot be reserved only for the crazies. Let's recognize the progress Islam has made.

Turkey's new independence from the United States is no less welcome. It will always value ties to America. But Turkey is no longer the predictably reliable ally who always says "yes." It is not only cultivating new relations with Europe, but reaching out to neighbors in the Middle East. While this may not please hegemonists in Washington, it is proof that Muslim nations can, in fact, combine Western and Islamic political values and join a community of Western nations without necessarily having a MADE IN THE U.S.A. stamp upon them. This is why a bold new Turkey has at long last become a true model for the Muslim future.

Fuller is a former vice chairman of the National Intelligence Council at the CIA. His latest book is "The Future of Political Islam."

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16) Osama bin Laden is very happy with the results
Turkish Daily News
By Mehmet Ali Birand
November 4, 2004

It appears that the American people are happy with President George W. Bush. Despite the war in Iraq, the recession in the economy, the conservative values coming to the fore and the winds of nationalism sweeping the nation, they chose Bush.

Some are wondering how things could reach this point. Let's just ignore the past and concentrate on the future.

Ankara is happy with the results. It sees no reason to be upset about cooperating with Bush, whom it knows. There was a crisis in the beginning on the U.S. troop deployment in Turkey, but when Bush attended the summit in Istanbul, he knew much more about the country. Under these conditions, Ankara is pleased to have the opportunity to do business with the experienced Bush, rather than Kerry, who was going to start from zero. It will also breathe a sigh of relief on the Armenian issue. The topics that will dominate the bilateral relationship will be the developments in Iraq, especially northern Iraq and Palestine.

I expect Bush to reassess his policy on Iraq and change his attitude. This change does not go as far as the U.S. withdrawing from Iraq, but it will definitely result in a policy change, which will create stability in Iraq. He has no other option.

The United States cannot tolerate a repeat of the mistakes the administration made up until now in Iraq. Even if the Bush administration wants to follow the same route, various forces within the United States won't permit it. The U.S. system has its safeguards to fine-tune such policies.

Another thing I expect to happen is for the Bush administration to start to cooperate with the United Nations and the international community and try to smooth over their differences.

My only fear is that Bush might take a more aggressive stance with respect to Iran. Even if the military option is out of the question, such a crisis will create serious tension in the region.

In other words, the next four years will also be very hard.

Military's messages to EU

Deputy Chief of General Staff Gen. Ilker Basbug's press conference on Tuesday surprised many. The Office of the Chief of General Staff had stopped holding press conferences for the last three months. This was linked to the office's sensitivity about being seen as adhering to the Copenhagen criteria. One of the most important articles of the criteria called for the military to stop making such statements, no matter how much the topic in question would be limited to security. And there was also Chief of General Staff Gen. Hilmi Ozkok's statement at the Republican Day reception at Cankaya Palace on Oct. 29, where he said, "We need to be very careful not to make any mistakes until Dec. 17."

Something happened, however, and the Office of the Chief of Staff recommenced its monthly press briefings. Soon after phone began ringing in many European Union capitals, trying to find out what this really meant.

To tell you the truth, we also wondered what this was all about.

Gen. Basbug's briefing was on security and domestic and foreign affairs. However, the sentence which I took notice of the most could have summarized the military's attitude towards the EU: "The Turkish Armed Services [TSK] sees EU membership as a tool for realizing Ataturk's objective to modernize."

This sentence shows that the TSK is in support of Turkey's EU membership.

Will the mafia be cleansed?

When I read newspapers, I am amazed at what I read.

I knew about it, but I never imagined it was so widespread.

Just look at this.

Sedat Peker has infiltrated the roots of the police department. He is able to transfer whoever he wants anywhere he wishes. He is able to ask favors from colonels in the Gendarmerie Intelligence Anti-terrorism (JITEM) organization, make prosecutors and judges do whatever he wants and influence the bureaucracy.
Haluk Kirci is able to use his own photo to get an official green passport and easily flee overseas.

Alaattin Cakici is something else. He is able to mingle freely with the judiciary, police and National Intelligence Organization (MIT). He can even flee the country with the help of a person working for MIT.

Moreover, all this is being done in the name of the country and the nation.

One fought against Armenian terrorist, and the other courageously fought (!) against the Kurdistan Workers' Party (PKK/Kongra-Gel) terrorism. All, directly or indirectly, worked for the state. The police, the military and MIT were involved in these matters as intermediaries.

It appears that the state granted certain privileges to these people it used. The Susurluk scandal was not investigated as wholeheartedly as it should have been. It should be investigated in such a way that nothing is left unturned and everything becomes public knowledge. If not, we will never get rid of these mafia leaders.



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Washington Kurdish Institute


 

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