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Solidarity with the Victims of All Genocides (SVAG)
Human Rights abuses in Turkey are
intimately linked to Genocide Denial"
c/o The
Temple of Peace, King Edward viii Ave ,Cardiff
Email: [email protected]
Tel: 07718982732
PM David Cameron's brazen courtship in Ankara of Turkish State terror
exposed on the same day in the House of Commons
Two contradictory descriptions of Turkey were made on Tuesday, this
week (27th July).on the eve of the beginning of a new wave of new trials
against Turkish writers and lawyers. The first , by UK Prime Minister
David Cameron in Ankara involved sweeping statements on the value of
Turkey tom the UK, ignoring the totality its Human Rights issues. On
the same day in a meeting hosted by Angus MacNeil MP (Scottish National
Party) in the House of Commons, London , three speakers, backed by well
researched material, made scathing criticisms of Turkish State
terrorism and Human Rights abuses. The speakers were writer Des
Fernandes, Alex Fitch of the Campaign against Criminalising Communities
and Sinan Ersoy of the International Platform against Isolation. Prior
to the Commons meeting, members of the Platform and of SVAG participated
in a vociferous vigil outside the Turkish Embassy in Belgrave Square
Sinan Ersoy concentrated on the trial in Ankara of SelcukKozagacli
(member of the Ankara Bar Association and chair of the Contemporary
Jurists Association). Alex Fitch analyzed the wider international
signifigance of Turkey's crimes. He saidthat the former British
ambassador to Armenia David Miller has stated that the Foreign Office is
well aware of the Armenian Genocide from its own archives.He puts the
failure to speak out on the matter as being down to the UK's record of
appeasing dictatorships and powerful states in its national interests
(Their contributions will be available soon)
Angus Macneil MP (the sponsor) promised his support for all non -violent
efforts for the promotion of Human Rights in Turkey and , by his
intervention, recognised that this process is linked to Genocide
recognition.He had greeted the meeting in his own Gaelic language and he
proposed several questuions which he would ask the Prime Minister
"Why does Turkey persist in persecuting her intellectuals, her
publishers, her lawyers and her 'Minorities', and why is the UK
government silent?" - Speaker Desmond Fernandes.
Firstly, I just wanted to highlight the FACT that Turkey persists in
persecuting "her intellectuals, her publishers, her lawyers and her
'minorities'"[1][1] by providing recent examples: As we will see, the
reason for the targeting stems from the fact that the state ideology
around which the constitution has been formulated - as well as the
governing party and sections of the 'deep state' - still perceives those
who ask for/or expect multicultural and democratic rights, or an end to
the Kurdish conflict; indeed, rights even enshrined in the Universal
Declaration of Human Rights, or who seek to debate the repressive
actions of the government and state, as "ENEMIES" to be criminalised,
terrorised and where possible, isolated, so that their voices are not
heard in Turkey or internationally lest opposition successfully develop
to challenge its oppressive nature.
Who are the 'Others' that are being targeted? (One would be hard put to
find 'them' being meaningfully considered in PM David Cameron's public
speeches in Turkey today): Kurds, Armenians, Assyrians, Arameans,
Greeks; 'perceived non-Ataturkist leftists' and political prisoners
[many placed in isolation] and their families who strive to highlight
the repressive nature of the state; trade unionists advocating
collective bargaining and working rights; journalists; intellectuals,
academics, musicians; relatives of the disappeared, peace campaigners
(such as the Peace Mothers) and lawyers defending the above; youth
groups, the list goes on ...
And if we look at "the intellectuals" - i.e. writers, journalists,
academics; indeed, even leading musicians such as Ferhat Tunc (facing up
to 15 years imprisonment in a trial beginning tomorrow) in this category
- and "publishers" and "lawyers": we can see these wider issues and
concerns highlighted. For example, concerning:
1) ISMAIL BESIKCI, who has been imprisoned in Turkey for 17 years for
'thought crime' for documenting the nature of Turkish state terror and
the genocide of the Kurds in the 'international colony' of Kurdistan
(divided mainly between the nation states of Turkey, Iran, Iraq and
Syria), and who at one point was facing 202 years imprisonment for
'thought crime' for documenting aspects pertaining to these issues
during the 1990's. A charge has been brought against him by the attorney
general of Istanbul following the publication of his article entitled,
'The rights of the nations to self-determination and the Kurds', which
appeared in the prestigious Association of Contemporary Lawyers'
journal. As the Ankara Initiative for Freedom of Thought has noted:
What the attorney general demands to be penalised is not "PKK
propaganda" but freedom of thought and expression; and this
demonstrates clearly, once again, how willing the ruling class is to
violate the limited frame of rights and liberties it has agreed to
accept...
Any conviction will be in breach of Turkey's commitments under Article
19 of the International Convention on Civil and Political Rights. As the
academic Van Bruinessen has noted of the scholar who has conducted
research into the nature of oppression and genocide of the Kurds: "No
other writer in Turkish history has had to face such an endless series
of trials and prison sentences for almost every public utterance as
Besikçi has.[2][2] The odyssey of Besikçi's encounters with Turkey's
legal system shows, more eloquently than any abstract political or legal
analysis could, what is wrong with the system, and it demonstrates
effectively how the officially proclaimed human rights and democratic
values become null and void where the Kurdish question is involved.
Continuing to write and speak in spite of all attempts to silence him,
Besikçi has become a powerful and important symbol for the Kurds and
for the human rights movement of Turkey".
In Besikci's case, to merely debate and discuss the moral and legal
RIGHT of Kurds in international law to seek self-determination in the
face of a racist and oppressive - and, indeed, genocidal regime as he
has shown in his other work - in the prestigous Association of
Contemporary Lawyers' journal is to court being labelled a 'criminal'
under so-called Anti-Terror laws. What exposes the "terrorist labelling"
and the wider anti-Kurdish agendas of the genocidal and repressive state
is the following, as noted by the Ankara Initiative for Freedom of
Thought in its recent statement:
Ismail Besikçi Is Being Tried Once More .Enough! Each and every part
of the regime seems to have sworn to plague the life of the Kurds and
defenders of the brotherhood of peoples on the basis of equality and
freedom, after the fiasco of the "democratisation" attempts of the party
in power, the Party of Justice and Development.
The banning of the Kurdish party, the Party of Democratic Society; the
broadcasted imprisonment of the elected local representatives of the
Kurds; cases against Kurdish elementary school students on charges of
"adherence to a terrorist organisation"; the implacable persecution of
Kurdish magazines and papers; the spreading of a mentality that treats
each and every Kurd as a "potential terrorist", are all alarming signs
which signify that the country is headed towards a new . hell.
And these signs show that the target is not the PKK (as claimed on every
occasion by those who govern), but the rights of Kurds to exist as they
are: Kurds. The last of these signs is the charge brought by the
attorney general of Istanbul against Dr. Ismail Besikci for "PKK
propaganda" following the publication of his article entitled, "The
rights of the nations to self-determination and the Kurds", in the
"Association of Contemporary Lawyers" journal.
The attorney general of Istanbul claimed that Ismail . was 'propagating
the PKK cause' when he wrote: "The Kurds have been fighting for freedom,
for a free land for the last 200 years; and they are paying the price .
Syria, Iran, and Turkey are dominating over the Kurds with an iron hand.
The states that dominate over the Kurds were always able to unite their
political, ideological, diplomatic, and military powers against them. It
is obvious that this common control does not create justice but is a
constant violation of it. In these conditions, resistance against
oppression is a legitimate right ."
The absurdity of accusing someone who has openly criticised the
leadership of the PKK of "PKK propaganda" aside, the fact that such a
case has been opened demonstrates the threat against freedom and
expression of thought in Turkey . Our [protest] is against the calcified
reflexes of this regime, whose immediate reaction is to imprison those
who do not agree with its dogmas
- and, as I have shown elsewhere in my books and related articles,[3][3]
these dogmas have genocidal repercussions as far as the "Other" in
Turkey is concerned -
those divergent voices. [We are] against the unceasing recounting of the
same horror by the rulers, while "prisoners of conscience" have reached
the fifth generation in this country. [We are] against the incompetent
despotism of the non-discussion of every alternative proposition on the
accumulated problems of this country.
So, for instance, to merely critically examine the texts and statements
of the PKK and KCK concerning a peaceful resolution to the current
conflict - where they have made a number of propositions calling for a
clear end to any armed conflict if basic cultural and political rights
of Kurds can be assured - is to also court criminalisation and
targeting.
Under Articles 6 and 7 of the Anti-Terror Law, for example, Turkish
publisher Ragip Zarakolu [from Belge Press] and Kurdish writer N. Mehmet
Guler are being tried for "spreading propaganda of the Kurdish Workers
Party and separatism", because of writing and publishing a book with the
title, KCK File/Global State and Kurds without State. "The book was
immediately banned and confiscated in May 2010, after being published
and launched during the ... Book Fair in Diyarbakir. Prosecutor Hakan
Karaali sent his indictment to Istanbul Major Criminal Court No 10. ..
and demanded up to 8 years. Publisher Zarakolu and writer Guler do not
accept the accusations. They clarified that they wanted to help with a
peaceful solution of the Kurdish question and to help with understanding
and empathy between two communities.
"Ragip told the prosecutor that he is a member of International Freedom
to Publish Committee and has been writing freedom of expression reports
for 15 years for the Turkish Publishers Association":[4][4] As he said:
"Without information, it is not possible to understand and find a
solution to the question. Citizens have a right to be informed about all
aspects of the question. Nobody has a right to impose [upon one] to
write [only within the bounds of] state discourse . To define [our]
research" and academic "book as propaganda, at 250 pages, WITH A PRINT
RUN OF JUST 1000 COPIES, is ridiculous".[5][5]
Writer N. Mehmed Güler said: "I worked on the Regional Kurdish
Assemblies objectively and tried to give a short history of the Kurdish
question ... It is a current problem now. Legal Kurdish parties were
closed, over one thousand Kurdish mayors, ex-MP's, community leaders,
political activists, members of city councils were arrested during the
last year. All citizens have a right to have information about what is
happening. I tried to be objective [in all this]".[6][6]
N. Mehmed Güler, incidentally, has also just received a 15 month
conviction in June 2010 for a Kurdish novel he wrote (called "More
difficult decisions than death" - relating to the Kurdish struggle
against oppression in Turkey), due to conversations that took place
between his imaginary characters who had the names "Siti", "Sabri" and
"Siyar". Concerning that very recent trial, "International Pen and the
International Publishers Association condemned the prison sentence
imposed on writer Güler in a joint statement signed by IPA president
Bjorn Smith-Simonsen and International PEN Secretary General Schoulgin.
In the statement, the Turkish officials were urged to act in accordance
with the commitments stipulated in the United Nations Universal
Declaration of Human Rights, the International Covenant on Civil and
Political Civil Rights, the European Convention on Human Rights and the
European Union Charter of Fundamental Rights signed by Turkey".[7][7]
Looking at another example - and I am not detailing the case of Selcuk
Kozagacli, the chair of the Contemporary Lawyers Association (CHD), only
because I know that my colleague Sinan Ersoy from the International
Platform Against Isolation (IPAI) will be detailing his case
specifically after my presentation - we see the way in which "the
Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and
the World Organisation Against Torture (OMCT), [has] expresse[d] its
deepest concerns following the arrest of Mr. Muharrem Erbey, General
Vice Chairperson of the Human Rights Association (Insan Haklari Dernegi
- IHD) and Chairperson of its Diyarbakir Province Branch, and the
arbitrary search of IHD's offices in Diyarbakir.
"On December 24, 2009, in the morning, the police officers belonging to
the 'anti-terrorism' branch launched an operation in at least 11
provinces in Turkey following an order issued by the Diyarbakir Chief
Public Prosecution Office that led to the arrest of dozens of Kurdish
opposition members, journalists and civil society activists including
human rights defender Mr. Muharrem Erbey. Human rights lawyer Muharrem
Erbey was then remanded into custody and charged by the Diyarbakir
Special Heavy Penal Court on December 26, 2009 of 'being a member of an
illegal organisation' [and] ... detained in Diyarbakir D Type
Prison".[8][8]
As the International Federation for Human Rights clarifies:
Mr. Muharrem Erbey is wrongly accused of being the international affairs
representative of the illegal armed organisation called the Community of
Kurdish Society (Koma Civaken Kurdistan - KCK) after having participated
in the preparations of a workshop organised in Diyarbakir in September
2009 to discuss constitutional amendments aimed at ensuring a greater
respect of minorities' rights, [and after he] made a statement on the
rights of the Kurdish minority in Turkey before the parliaments of
Belgium, Sweden and England, [and after he] participated [in] the
"Kurdish Film Festival" in Italy in the summer of 2009 and [acted as]
the legal adviser [to] the [Kurdish] Mayor of Diyarbakir.
Furthermore, simultaneously, the police attempted to raid IHD's offices
in Diyarbakir without a warrant. Following objections by IHD staff, they
obtained a court order within five minutes and proceeded to the search
and confiscation of IHD's computers and documentation. Documents
confiscated included in particular archives which had been collected
during 21 years documenting serious human rights violations like
politically motivated killings by unknown assailants, forced
disappearance and torture cases.
The Observatory recalls that the Human Rights Association (IHD) has
played a vital role in the promotion of human rights and democracy in
Turkey. The Observatory is more generally concerned with the intensified
crackdown faced by the IHD and its members and more particularly by the
detention of its General Vice Chairperson, which merely aims at
sanctioning his human rights activities in violation of the United
Nations Declaration on Human Rights Defenders, adopted by the UN General
Assembly on December 9, 1998.The Observatory
- as with English PEN and others have -
called upon the Turkish authorities to immediately and unconditionally
release Mr. Erbey as well as all other detained human rights
defenders.[9][9]
But human rights defenders, "writers, intellectuals, lawyers,
publishers, journalists, musicians" continue to be criminalised and
persecuted for daring to address human rights concerns about violations
of the most basic kind that relate to the targeting of so many "Others"
in Turkey. And it is more than unfortunate that David Cameron PM has
failed to publicly address and confront these pressing issues
meaningfully whilst in Turkey. Meanwhile - even as he glosses over these
'details' publicly - genocide (as defined in at least 2 articles of the
UN Genocide Convention),[10][10] war crimes; torture in prisons and by
state forces; persecution of human rights defenders, writers, artists
and musicians; prosecution of children under the Anti-Terror laws;
isolation of political prisoners depriving them of basic human protected
rights guarantees (together with the targeting of those who seek to
support their cause); mutilitation of corpses of Kurdish guerrillas by
state forces; burning of forests alongside Kurdish settlements and
collaboration between the Turkish and Iranian and allegedly Syrian
states[11][11] and with US-NATO forces[12][12] that has resulted in
intensifying bombardment of Kurdish zones in northern Iraq (south
Kurdistan) and Syria and Iran, continues.
The International Platform Against Isolation (IPAI) notes that: "On 15th
June 2010, houses and democratic associations in 3 different cities of
Turkey (Ankara, Izmir, Istanbul) were raided by the police. 28 people
were taken into custody, 17 of them [were] imprisoned . Most of them
were members of the prisoners family association TAYAD . [The] TAYAD
[members were] . arrested under the pretext that they had opposed the
murder of ill prisoners in isolation cells [in Turkey]; protested
against the AKP-government, which is responsible for the murder of
exactly 309 prisoners in the years from 2000-2009 and participated in
the funeral of the killed cancer-ill [prisoner] Guler Zere. These
arrests", notes IPAI, "are unjust, illegitimate and arbitrary. It can't
be seen as a crime to support ill prisoners. We demand the immediate
release of the 17 TAYAD members and an end to [the policy of]
isolation".
In June 2010, "the International Federation of Journalists (IFJ) ...
condemned as 'punitive and intolerant' the ruling of a court in Turkey
which sentenced journalist Irfan Aktan of The Express newspaper to one
year and three months in jail. His crime was to quote in his article a
member of the Turkish workers' party, the PKK, and the Özgür Halk
(Free People) magazine . 'This is an outrageous decision which is
punitive and intolerant and aims at striking fear in Turkish
journalists', said Aidan White, IFJ General Secretary. 'This case has
exposed further how anti terror laws are being used to crackdown on free
expression' ... 'These provisions in the penal code and anti-terror law
are like a sword of Damocles over the journalists', said Ercan Ipekci,
President of the Türkiye Gazeteciler Sendikasi (TGS), an IFJ
affiliate".[13][13]
"A publisher ... was [also] sentenced to five months in prison in
January 2009 by an appeal court", notes International PEN, which was
"converted to a YTL 3,000 fine (c. ?2,000). He had been offered a more
lenient sentence but had refused to comply with the demand that he
promise not to commit a similar crime in future. He was convicted for a
book that" - correctly - "suggested that the state had links to the
mafia and that there had been massacres of Kurds in the past, referring
to 'fascist dictatorships'".[14][14]
Those advocating peace are finding themselves criminalised. To take but
one example:
? "61 year old Peace Mother Sultan Acibuca was given a prison term of 6
years and 3 months because of what she said in Izmir on 8 March 2008,
World Women's day. Izmir High Criminal Court number 10 condemned her
[of] 'membership [of the] PKK' and sentenced her to 6 years and 3
months".[15][15] And what were the grounds for this accusation and
sentence?: "Acibuca was condemned for "condemning the murder of Hrant
Dink, attending the 1st September World Peace Day rally, and demanding
Peace at the Women's Day rally".[16][16]
"The court based the conviction on article 314/2 of the Turkish Criminal
Court (TCK) and article 5 of the Anti-Terror Law (TMK) which prescribes
an increase of punishment . Acibuca's condemning of the murder of
Turkish-Armenian journalist Hrant Dink"
- editor of the Istanbul based Armenian paper Agos, who had recognised
the Armenian genocide as 'genocide' and was facing charges because of
that, before his assassination -
"was evaluated as a criminal offence as well as her attendance of a
meeting on the occasion of the World Peace Day on 1 September, her call
for peace at the International Labour Women's Day and attending three
press releases as a spectator. Acibuca's lawyer Nezahat Pasa Bayraktar
presented his client's defence in the hearing on 9 June [2010]. He
stated that Acibuca's attendance of the press releases was under legal
guarantee of domestic law and of the European Convention of Human
Rights. He said that the activities on subject did not constitute a
crime. Punishing a mother because she defended peace did not accord with
the law, Bayraktar claimed. He drew attention to the fact that Turkey
was convicted of violating freedom of thought and expression countless
times by the European Court of Human Rights. Based on the example of the
case Incal vs. Turkey, the lawyer demanded the acquittal of his client
since her actions did not constitute any crime".[17][17]
In late June 2010, 98 organizations from Diyarbakir issued a joint
statement. Signed by "the Bar Association, non-governmental
organisations, professional organisations, rights organisations and
trade unions, [it] was read out . by [the] . President of the Diyarbakir
Chamber for Trade and Industry (DTSO) . The organisations pointed out",
amongst other issues, that obstacles to freedom of thought, freedom of
expression and freedom of association had still not been removed in
Turkey even "although they prevented free discussions of the Kurdish
question in all its dimensions".[18][18] Discussions of 'Other'
questions have also been prevented in a shocking way, as this
presentation and those of my colleagues tonight clearly indicates.
Regarding the question as to "why" the UK government is so shamefully
silent publicly on so many of these pressing concerns, even during PM
David Cameron's visit to Turkey at this moment in time, I can offer a
few suggestions:
1) The US government wants and requires UK support for Turkey,
irrespective of the situation and any ethical concerns.
2) Turkey is a "NATO ally" and has received US-UK and NATO support
in its 'dirty' past and ongoing genocidal wars against the 'Other' in
Turkey.[19][19]
3) Turkey is part of the US driven 'War on Terror' Coalition, so it
is 'excused' - so long as the US government deems it to be the case - of
any particular 'excesses' (as defined by the US administration, which
the UK government will take note of). This can be evidenced by PM
Cameron's assertion in Ankara that: "Turkey is a great NATO ally and
Turkey shares our determination to fight terrorism in all its forms,
whether from al-Qaeda or from the PKK".[20][20] As this presentation
shows, 'terrorism in all its forms', as determined by Turkey, has
resulted in an assault on the most basic freedoms of expression one can
imagine [often using the cover of the 'war against KCK-PKK terrorism'].
4) It offers lucrative trade with the UK, not least in the arms and
oil industry (eg. the Baku-Tbilisi-Ceyhan Pipeline which crucially runs
through Turkey "is owned by a consortium of energy companies and BP, the
operator of the pipeline. The shareholders of the consortium [comprise]
BP" with the leading share of 30.1%).[21][21]
5) The UK has never really been "moral" or "ethical" in its foreign
policy deliberations, as John Pilger, Mark Curtis - in The Ambiguities
of Power: British Foreign Policy since 1945 (Zed, 1995), The Great
Deception: Anglo-American Power and World Order (Pluto, 1998) and Web of
Deceit: Britain's Real Role in the World (Vintage, 2003) - and Robert
Fisk (referring to the British government's ongoing Armenian genocide
denialism policy at the behest of Turkey) have clearly demonstrated. We
have to recognise this fact and oppose such an orientation if we wish to
see meaningful change.
----------------------------------------------------------------
These Messages of support were read
? "We, as the members of the Ankara Initiative convey our warm
salutations to the participants of the parliamentary meeting, and
stress that international solidarity is vital in facing the
government's aggression against freedom of expression ..." - The
Ankara Initiative for Freedom of Thought.
? "Re the 27th July event: I am very supportive of the Kurdish freedom
struggle and oppose the attacks on freedom of expression. Sadly, I
already have engagements on 27 July. Please give my apologies and
solidarity to the meeting. I wish the campaign every success" - Peter
Tatchell.
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The Petitions below were signed by the participants
:Petition 1 For the attention of Republic of Turkey Ministry of
Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of Dr.
Ismail Besikci and ask that the charges that have been brought against
him by the attorney general of Istanbul - for "PKK propaganda",
following the publication of his article entitled, 'The rights of the
nations to self-determination and the Kurds', in the journal of the
Association of Contemporary Lawyers - be dropped.
The charges which he faces on 28th July at the 11th High Criminal Court
of Istanbul clearly violate Dr Besikci's right to freedom of expression
and are in contravention of international standards safeguarding the
right to freedom of expression. Any conviction will be in breach of
Turkey's commitments under both Article 19 of the International
Convention on Civil and Political Rights and Article 10 of the European
Convention on Human Rights .
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
----------------------------------------------------------------
Petition 2 For the attention of Republic of Turkey Ministry of Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK
Parliament) in London on the 27th July 2010, strongly condemn the
persecution of publisher Ragip Zarakolu and author Mehmet Güler and
ask that the charges that were brought against them on 20 July by the
Istanbul Public Prosecutor - under Article 7 of the Anti Terror law
for the book The KCK file/The Global State and Kurds Without a State -
be dropped.
We, like English PEN, are extremely disappointed to learn that Ragip
Zarakolu and Mehmet Güler are once again being tried in contravention
of international standards safeguarding the right to freedom of
expression. Any conviction will be in breach of Turkey's commitments
under both Article 19 of the International Convention on Civil and
Political Rights and Article 10 of the European Convention on Human
Rights .
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
Petition 3 For the attention of Republic of Turkey Ministry of
Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of
artist and musician Ferhat Tunç, who is facing a 15 year jail sentence
because of a speech he gave at the Eruh-Çirav Festival. .
Due to be tried on July 28th 2010 in Diyarbakir, under article 7/2 of
the Anti-Terrorism Law (TMY), we endorse Freemuse's stated concerns
that: "We are deeply worried about the continuous harassment of our
colleague by Turkish Authorities. We regret that criminalisation of
opinion remains a key obstacle to the protection of human rights and
Turkey continues censoring and prosecuting its artists during a time
when Turkey's Human Rights and Free Expression records are under
international scrutiny. Ferhat Tunç has at numerous events expressed
his belief in a peaceful solution. He has always defended freedom of
expression in accordance [with] the international conventions on human
rights. We respectfully request immediate dismissal of the case against
Mr. Ferhat Tunç".
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
----------------------------------------------------------------
Petition 4 : For the attention of Republic of Turkey Ministry of
Justice and Turkish National Assembly, Human Rights Investigative
Commission
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of the
chair of the Contemporary Lawyers Association (CHD), lawyer Selcuk
Kozagacli, because of his engagement to try those responsible for the
military assault in the prisons on 19th December 2000.
Selcuk Kozagacli was called on to make amends and has court proceedings
initiated against him, just because he said: "As long as the individuals
responsible for this massacre in the prisons have not been brought to
light, the representatives of judicial and political authorities will
bear responsibility for this crime".
It cannot be a crime to demand the persecution of responsible ones for
such a big crime, in which 29 prisoners lost their lives.
We demand that charges against Selcuk Kozagacli are dropped immediately
as this is a pure attack and disrespect of freedom of speech and
thought.
"Don't judge Selcuk Kozagacli, judge those who are responsible for the
murder of the prisoners".
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
Turkish National Assembly, Human Rights Investigative Commission
Mr. Zafer Üskül
Fax: 0090 312 420 53 94
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[1][1] In the Kurdish context, it should also be noted that Kurds
demographically constitute the majority of the population in south-east
Turkey (north west Kurdistan) today.
[2][2] For further details, see Munoz, E. (1998) Scientists Clash With
The State in Turkey (The American Association for the Advancement of
Science, 1998 - Accessed at: http://shr.aaas.org/scws/cs4.htm ). As she
noted in that report: "The case of sociologist Ismail Besikci is a
tragic example of how limits to freedom of expression in Turkey affect
social scientists . Besikci's legal conflicts at the commencement of his
career set the pattern for a litany of prosecutions that continue to
this day . At the time of writing this report (1998), Turkish
authorities had launched at least thirty-seven trials against Besikci in
connection with almost all of his books and articles . The prosecution,
imprisonment, ill-treatment, and levying of fines against Ismail
Besikci, and his dismissal from Erzurum Ataturk University for
publishing his scientific studies on the southeast of Turkey and the
peaceful expression of his views constitute serious violations of
academic freedom and fundamental human rights. The government's actions
also infringe on his right to carry out his professional sociological
studies. Besikci's prosecution for exercising his right to freedom of
expression conflicts with Turkey's obligations to recognise the right to
freedom of thought, conscience and religion; the right to freedom of
expression; and the right to freedom of assembly and freedom of
association as delineated by the European Convention for the Protection
of Human Rights and Fundamental Freedoms and the Final Act of the
Conference on Security and Cooperation in Europe (OSCE). Turkey is bound
by international law to guarantee these rights and to respect the basic
principles of human rights enumerated in the Universal Declaration of
Human Rights".
[3][3] Refer to my books Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010) and The Kurdish and
Armenian Genocides: From Censorship and Denial to Recognition? (Apec,
Stockholm, 2007). For related articles, see Skutnabb-Kangas, T. and
Fernandes, D. (2008) 'Kurds in Turkey and in (Iraqi) Kurdistan - A
Comparison of Educational Linguistic Human Rights in Two Situations of
Occupation', Genocide Studies and Prevention [the official journal of
the International Association of Genocide Scholars], Vol. 3[1].
[4][4] Belge Press Release, 21 July 2010.
[5][5] Belge Press Release, 21 July 2010.
[6][6] Belge Press Release, 21 July 2010.
[7][7] Onderoglu, E. (2010) 'LITERATURE CONVICTED UNDER ANTI-TERROR
LAW: Author Güler Sentenced on Behalf of Novel Characters', Bia News,
11 June 2010 (Accessed at:
http://bianet.org/english/freedom-of-expression/122661-author-guler-sentenced-on-behalf-of-novel-characters).
[8][8] FIDH (2010) 'The Human Rights Association Remains in the Firing
Line', FIDH, 29 December 2009 (Accessed at:
http://www.fidh.org/The-Human-Rights-Association-IHD-remains-in-the ).
[9][9] FIDH (2010) 'The Human Rights Association Remains in the Firing
Line', FIDH, 29 December 2009 (Accessed at:
http://www.fidh.org/The-Human-Rights-Association-IHD-remains-in-the ).
[10][10] For an extensive examination and analysis of this
issue, refer to several articles by Tove Skutnabb-Kangas, as well as my
Modernity, 'Modernisation' and the Genocide of Kurds and 'Others' (Apec,
Stockholm, 2010), The Kurdish and Armenian Genocides: From Censorship
and Denial to Recognition? (Apec, Stockholm, 2007), and
Skutnabb-Kangas, T. and Fernandes, D. (2008) 'Kurds in Turkey and in
(Iraqi) Kurdistan - A Comparison of Educational Linguistic Human Rights
in Two Situations of Occupation', Genocide Studies and Prevention [the
official journal of the International Association of Genocide Scholars],
Vol. 3[1].
[11][11] See Debka File (2010) 'Syria massacres Kurds aided
by Turkey's Israel-made drones', Debka File, 17 July 2010 (Accessed at:
http://www.debka.com/article/8916/ ). This report claims that: "Syrian
troops and Kurdish tribesman are locked in fierce battle since the
Syrian army blasted four northeastern Kurdish towns and neighborhoods at
the end of June, DEBKAfile's military and intelligence sources report.
Hundreds of Kurds are reported dead. The Syrian campaign is backed by
Heron (Eitan) spy drones Israel sold Turkey, made accessible on the
personal say-so of Prime Minister Tayyip Recep Erdogan". See also Ergil,
D.(2010) 'Russia, Syria and the Kurds', Today's Zaman, 21 July 2010
where he notes: "Hundreds of Kurds are reported dead. This may be a
routine reflex by the Syrian armed forces. What is new is that the
Syrian campaign is backed by Heron spy drones Israel sold Turkey,
reportedly made accessible on the personal orders of Prime Minister
Tayyip Recep Erdogan . The drones are being used to track Kurds in their
movements across Syria's borders. The unmanned aerial vehicles'
assistance to Damascus is said to be in breach of the Israel-Turkish
sales contract, which barred their use in the service of hostile states
or entities . It is ironic that the states in the Middle East with
Kurdish enclaves can only come up with military methods to deal with
their Kurdish 'problem'. How much more manpower (lives), material
sources and time this method will consume is unknown ...".
[12][12] See my Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010).
[13][13] IFJ (2010) 'IFJ Condemns Jailing of Journalist in
Turkey', Info Turk, June 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last ).
[14][14] International PEN, International Publishers
Association, and Index on Censorship (2009) 'NGO in Consultative Status
with ECOSOC: Contribution to the Universal Periodic Review Mechanism,
8th session of the Working Group of the Universal Periodic Review,
Submission on Turkey, 9 November 2009', International PEN, International
Publishers Association, and Index on Censorship, p. 4 (Accessed at:
http://www.internationalpublishers.org/images/stories/MembersOnly/FTPC/UPR/turkey%20upr%20_3_.pdf ).
[15][15] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Info Turk,
Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last).
[16][16] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Info Turk,
Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last).
[17][17] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Freedom of
Expression Weekly Bulletin, Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Mother).
[18][18] 98 NGOs Call for End of Violence - PKK Refuse
Unilateral Ceasefire BIA, Tolga Korkut - Erhan Üstündag, 29 June
2010 http://www.info-turk.be/383.html#censors
[19][19] See my Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010); United States, German,
British, Israeli and NATO Inspired 'Psychological Warfare Operations'
Against the 'Kurdish Threat' in Turkey and Northern Iraq (Apec,
Stockholm, forthcoming); 'Turkey's US Backed "War on Terror"', Variant:
Cross Currents in Culture, No. 27, Winter 2006 and 'United States and
NATO Inspired Psychological Warfare Operations Against the "Kurdish
Communist Threat" in Turkey', Variant: Cross Currents in Culture, Vol.
2, Number 12, Spring, p. 10-16 (Co-authored by Iskender Ozden).
[20][20] Quote also confirmed in an article a day after
this parliamentary meeting - See Frum, D. (2010) 'David Cameron Favours
Turkey With Flattering Lies', The National Post, 28 July 2010.
[21][21] Wikipedia (2010) 'Baku-Tbilisi-Ceyhan pipeline',
Wikipedia (Accessed at:
http://en.wikipedia.org/wiki/Baku-Tbilisi-Ceyhan_pipeline ).
From: A. Papazian
Human Rights abuses in Turkey are
intimately linked to Genocide Denial"
c/o The
Temple of Peace, King Edward viii Ave ,Cardiff
Email: [email protected]
Tel: 07718982732
PM David Cameron's brazen courtship in Ankara of Turkish State terror
exposed on the same day in the House of Commons
Two contradictory descriptions of Turkey were made on Tuesday, this
week (27th July).on the eve of the beginning of a new wave of new trials
against Turkish writers and lawyers. The first , by UK Prime Minister
David Cameron in Ankara involved sweeping statements on the value of
Turkey tom the UK, ignoring the totality its Human Rights issues. On
the same day in a meeting hosted by Angus MacNeil MP (Scottish National
Party) in the House of Commons, London , three speakers, backed by well
researched material, made scathing criticisms of Turkish State
terrorism and Human Rights abuses. The speakers were writer Des
Fernandes, Alex Fitch of the Campaign against Criminalising Communities
and Sinan Ersoy of the International Platform against Isolation. Prior
to the Commons meeting, members of the Platform and of SVAG participated
in a vociferous vigil outside the Turkish Embassy in Belgrave Square
Sinan Ersoy concentrated on the trial in Ankara of SelcukKozagacli
(member of the Ankara Bar Association and chair of the Contemporary
Jurists Association). Alex Fitch analyzed the wider international
signifigance of Turkey's crimes. He saidthat the former British
ambassador to Armenia David Miller has stated that the Foreign Office is
well aware of the Armenian Genocide from its own archives.He puts the
failure to speak out on the matter as being down to the UK's record of
appeasing dictatorships and powerful states in its national interests
(Their contributions will be available soon)
Angus Macneil MP (the sponsor) promised his support for all non -violent
efforts for the promotion of Human Rights in Turkey and , by his
intervention, recognised that this process is linked to Genocide
recognition.He had greeted the meeting in his own Gaelic language and he
proposed several questuions which he would ask the Prime Minister
"Why does Turkey persist in persecuting her intellectuals, her
publishers, her lawyers and her 'Minorities', and why is the UK
government silent?" - Speaker Desmond Fernandes.
Firstly, I just wanted to highlight the FACT that Turkey persists in
persecuting "her intellectuals, her publishers, her lawyers and her
'minorities'"[1][1] by providing recent examples: As we will see, the
reason for the targeting stems from the fact that the state ideology
around which the constitution has been formulated - as well as the
governing party and sections of the 'deep state' - still perceives those
who ask for/or expect multicultural and democratic rights, or an end to
the Kurdish conflict; indeed, rights even enshrined in the Universal
Declaration of Human Rights, or who seek to debate the repressive
actions of the government and state, as "ENEMIES" to be criminalised,
terrorised and where possible, isolated, so that their voices are not
heard in Turkey or internationally lest opposition successfully develop
to challenge its oppressive nature.
Who are the 'Others' that are being targeted? (One would be hard put to
find 'them' being meaningfully considered in PM David Cameron's public
speeches in Turkey today): Kurds, Armenians, Assyrians, Arameans,
Greeks; 'perceived non-Ataturkist leftists' and political prisoners
[many placed in isolation] and their families who strive to highlight
the repressive nature of the state; trade unionists advocating
collective bargaining and working rights; journalists; intellectuals,
academics, musicians; relatives of the disappeared, peace campaigners
(such as the Peace Mothers) and lawyers defending the above; youth
groups, the list goes on ...
And if we look at "the intellectuals" - i.e. writers, journalists,
academics; indeed, even leading musicians such as Ferhat Tunc (facing up
to 15 years imprisonment in a trial beginning tomorrow) in this category
- and "publishers" and "lawyers": we can see these wider issues and
concerns highlighted. For example, concerning:
1) ISMAIL BESIKCI, who has been imprisoned in Turkey for 17 years for
'thought crime' for documenting the nature of Turkish state terror and
the genocide of the Kurds in the 'international colony' of Kurdistan
(divided mainly between the nation states of Turkey, Iran, Iraq and
Syria), and who at one point was facing 202 years imprisonment for
'thought crime' for documenting aspects pertaining to these issues
during the 1990's. A charge has been brought against him by the attorney
general of Istanbul following the publication of his article entitled,
'The rights of the nations to self-determination and the Kurds', which
appeared in the prestigious Association of Contemporary Lawyers'
journal. As the Ankara Initiative for Freedom of Thought has noted:
What the attorney general demands to be penalised is not "PKK
propaganda" but freedom of thought and expression; and this
demonstrates clearly, once again, how willing the ruling class is to
violate the limited frame of rights and liberties it has agreed to
accept...
Any conviction will be in breach of Turkey's commitments under Article
19 of the International Convention on Civil and Political Rights. As the
academic Van Bruinessen has noted of the scholar who has conducted
research into the nature of oppression and genocide of the Kurds: "No
other writer in Turkish history has had to face such an endless series
of trials and prison sentences for almost every public utterance as
Besikçi has.[2][2] The odyssey of Besikçi's encounters with Turkey's
legal system shows, more eloquently than any abstract political or legal
analysis could, what is wrong with the system, and it demonstrates
effectively how the officially proclaimed human rights and democratic
values become null and void where the Kurdish question is involved.
Continuing to write and speak in spite of all attempts to silence him,
Besikçi has become a powerful and important symbol for the Kurds and
for the human rights movement of Turkey".
In Besikci's case, to merely debate and discuss the moral and legal
RIGHT of Kurds in international law to seek self-determination in the
face of a racist and oppressive - and, indeed, genocidal regime as he
has shown in his other work - in the prestigous Association of
Contemporary Lawyers' journal is to court being labelled a 'criminal'
under so-called Anti-Terror laws. What exposes the "terrorist labelling"
and the wider anti-Kurdish agendas of the genocidal and repressive state
is the following, as noted by the Ankara Initiative for Freedom of
Thought in its recent statement:
Ismail Besikçi Is Being Tried Once More .Enough! Each and every part
of the regime seems to have sworn to plague the life of the Kurds and
defenders of the brotherhood of peoples on the basis of equality and
freedom, after the fiasco of the "democratisation" attempts of the party
in power, the Party of Justice and Development.
The banning of the Kurdish party, the Party of Democratic Society; the
broadcasted imprisonment of the elected local representatives of the
Kurds; cases against Kurdish elementary school students on charges of
"adherence to a terrorist organisation"; the implacable persecution of
Kurdish magazines and papers; the spreading of a mentality that treats
each and every Kurd as a "potential terrorist", are all alarming signs
which signify that the country is headed towards a new . hell.
And these signs show that the target is not the PKK (as claimed on every
occasion by those who govern), but the rights of Kurds to exist as they
are: Kurds. The last of these signs is the charge brought by the
attorney general of Istanbul against Dr. Ismail Besikci for "PKK
propaganda" following the publication of his article entitled, "The
rights of the nations to self-determination and the Kurds", in the
"Association of Contemporary Lawyers" journal.
The attorney general of Istanbul claimed that Ismail . was 'propagating
the PKK cause' when he wrote: "The Kurds have been fighting for freedom,
for a free land for the last 200 years; and they are paying the price .
Syria, Iran, and Turkey are dominating over the Kurds with an iron hand.
The states that dominate over the Kurds were always able to unite their
political, ideological, diplomatic, and military powers against them. It
is obvious that this common control does not create justice but is a
constant violation of it. In these conditions, resistance against
oppression is a legitimate right ."
The absurdity of accusing someone who has openly criticised the
leadership of the PKK of "PKK propaganda" aside, the fact that such a
case has been opened demonstrates the threat against freedom and
expression of thought in Turkey . Our [protest] is against the calcified
reflexes of this regime, whose immediate reaction is to imprison those
who do not agree with its dogmas
- and, as I have shown elsewhere in my books and related articles,[3][3]
these dogmas have genocidal repercussions as far as the "Other" in
Turkey is concerned -
those divergent voices. [We are] against the unceasing recounting of the
same horror by the rulers, while "prisoners of conscience" have reached
the fifth generation in this country. [We are] against the incompetent
despotism of the non-discussion of every alternative proposition on the
accumulated problems of this country.
So, for instance, to merely critically examine the texts and statements
of the PKK and KCK concerning a peaceful resolution to the current
conflict - where they have made a number of propositions calling for a
clear end to any armed conflict if basic cultural and political rights
of Kurds can be assured - is to also court criminalisation and
targeting.
Under Articles 6 and 7 of the Anti-Terror Law, for example, Turkish
publisher Ragip Zarakolu [from Belge Press] and Kurdish writer N. Mehmet
Guler are being tried for "spreading propaganda of the Kurdish Workers
Party and separatism", because of writing and publishing a book with the
title, KCK File/Global State and Kurds without State. "The book was
immediately banned and confiscated in May 2010, after being published
and launched during the ... Book Fair in Diyarbakir. Prosecutor Hakan
Karaali sent his indictment to Istanbul Major Criminal Court No 10. ..
and demanded up to 8 years. Publisher Zarakolu and writer Guler do not
accept the accusations. They clarified that they wanted to help with a
peaceful solution of the Kurdish question and to help with understanding
and empathy between two communities.
"Ragip told the prosecutor that he is a member of International Freedom
to Publish Committee and has been writing freedom of expression reports
for 15 years for the Turkish Publishers Association":[4][4] As he said:
"Without information, it is not possible to understand and find a
solution to the question. Citizens have a right to be informed about all
aspects of the question. Nobody has a right to impose [upon one] to
write [only within the bounds of] state discourse . To define [our]
research" and academic "book as propaganda, at 250 pages, WITH A PRINT
RUN OF JUST 1000 COPIES, is ridiculous".[5][5]
Writer N. Mehmed Güler said: "I worked on the Regional Kurdish
Assemblies objectively and tried to give a short history of the Kurdish
question ... It is a current problem now. Legal Kurdish parties were
closed, over one thousand Kurdish mayors, ex-MP's, community leaders,
political activists, members of city councils were arrested during the
last year. All citizens have a right to have information about what is
happening. I tried to be objective [in all this]".[6][6]
N. Mehmed Güler, incidentally, has also just received a 15 month
conviction in June 2010 for a Kurdish novel he wrote (called "More
difficult decisions than death" - relating to the Kurdish struggle
against oppression in Turkey), due to conversations that took place
between his imaginary characters who had the names "Siti", "Sabri" and
"Siyar". Concerning that very recent trial, "International Pen and the
International Publishers Association condemned the prison sentence
imposed on writer Güler in a joint statement signed by IPA president
Bjorn Smith-Simonsen and International PEN Secretary General Schoulgin.
In the statement, the Turkish officials were urged to act in accordance
with the commitments stipulated in the United Nations Universal
Declaration of Human Rights, the International Covenant on Civil and
Political Civil Rights, the European Convention on Human Rights and the
European Union Charter of Fundamental Rights signed by Turkey".[7][7]
Looking at another example - and I am not detailing the case of Selcuk
Kozagacli, the chair of the Contemporary Lawyers Association (CHD), only
because I know that my colleague Sinan Ersoy from the International
Platform Against Isolation (IPAI) will be detailing his case
specifically after my presentation - we see the way in which "the
Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and
the World Organisation Against Torture (OMCT), [has] expresse[d] its
deepest concerns following the arrest of Mr. Muharrem Erbey, General
Vice Chairperson of the Human Rights Association (Insan Haklari Dernegi
- IHD) and Chairperson of its Diyarbakir Province Branch, and the
arbitrary search of IHD's offices in Diyarbakir.
"On December 24, 2009, in the morning, the police officers belonging to
the 'anti-terrorism' branch launched an operation in at least 11
provinces in Turkey following an order issued by the Diyarbakir Chief
Public Prosecution Office that led to the arrest of dozens of Kurdish
opposition members, journalists and civil society activists including
human rights defender Mr. Muharrem Erbey. Human rights lawyer Muharrem
Erbey was then remanded into custody and charged by the Diyarbakir
Special Heavy Penal Court on December 26, 2009 of 'being a member of an
illegal organisation' [and] ... detained in Diyarbakir D Type
Prison".[8][8]
As the International Federation for Human Rights clarifies:
Mr. Muharrem Erbey is wrongly accused of being the international affairs
representative of the illegal armed organisation called the Community of
Kurdish Society (Koma Civaken Kurdistan - KCK) after having participated
in the preparations of a workshop organised in Diyarbakir in September
2009 to discuss constitutional amendments aimed at ensuring a greater
respect of minorities' rights, [and after he] made a statement on the
rights of the Kurdish minority in Turkey before the parliaments of
Belgium, Sweden and England, [and after he] participated [in] the
"Kurdish Film Festival" in Italy in the summer of 2009 and [acted as]
the legal adviser [to] the [Kurdish] Mayor of Diyarbakir.
Furthermore, simultaneously, the police attempted to raid IHD's offices
in Diyarbakir without a warrant. Following objections by IHD staff, they
obtained a court order within five minutes and proceeded to the search
and confiscation of IHD's computers and documentation. Documents
confiscated included in particular archives which had been collected
during 21 years documenting serious human rights violations like
politically motivated killings by unknown assailants, forced
disappearance and torture cases.
The Observatory recalls that the Human Rights Association (IHD) has
played a vital role in the promotion of human rights and democracy in
Turkey. The Observatory is more generally concerned with the intensified
crackdown faced by the IHD and its members and more particularly by the
detention of its General Vice Chairperson, which merely aims at
sanctioning his human rights activities in violation of the United
Nations Declaration on Human Rights Defenders, adopted by the UN General
Assembly on December 9, 1998.The Observatory
- as with English PEN and others have -
called upon the Turkish authorities to immediately and unconditionally
release Mr. Erbey as well as all other detained human rights
defenders.[9][9]
But human rights defenders, "writers, intellectuals, lawyers,
publishers, journalists, musicians" continue to be criminalised and
persecuted for daring to address human rights concerns about violations
of the most basic kind that relate to the targeting of so many "Others"
in Turkey. And it is more than unfortunate that David Cameron PM has
failed to publicly address and confront these pressing issues
meaningfully whilst in Turkey. Meanwhile - even as he glosses over these
'details' publicly - genocide (as defined in at least 2 articles of the
UN Genocide Convention),[10][10] war crimes; torture in prisons and by
state forces; persecution of human rights defenders, writers, artists
and musicians; prosecution of children under the Anti-Terror laws;
isolation of political prisoners depriving them of basic human protected
rights guarantees (together with the targeting of those who seek to
support their cause); mutilitation of corpses of Kurdish guerrillas by
state forces; burning of forests alongside Kurdish settlements and
collaboration between the Turkish and Iranian and allegedly Syrian
states[11][11] and with US-NATO forces[12][12] that has resulted in
intensifying bombardment of Kurdish zones in northern Iraq (south
Kurdistan) and Syria and Iran, continues.
The International Platform Against Isolation (IPAI) notes that: "On 15th
June 2010, houses and democratic associations in 3 different cities of
Turkey (Ankara, Izmir, Istanbul) were raided by the police. 28 people
were taken into custody, 17 of them [were] imprisoned . Most of them
were members of the prisoners family association TAYAD . [The] TAYAD
[members were] . arrested under the pretext that they had opposed the
murder of ill prisoners in isolation cells [in Turkey]; protested
against the AKP-government, which is responsible for the murder of
exactly 309 prisoners in the years from 2000-2009 and participated in
the funeral of the killed cancer-ill [prisoner] Guler Zere. These
arrests", notes IPAI, "are unjust, illegitimate and arbitrary. It can't
be seen as a crime to support ill prisoners. We demand the immediate
release of the 17 TAYAD members and an end to [the policy of]
isolation".
In June 2010, "the International Federation of Journalists (IFJ) ...
condemned as 'punitive and intolerant' the ruling of a court in Turkey
which sentenced journalist Irfan Aktan of The Express newspaper to one
year and three months in jail. His crime was to quote in his article a
member of the Turkish workers' party, the PKK, and the Özgür Halk
(Free People) magazine . 'This is an outrageous decision which is
punitive and intolerant and aims at striking fear in Turkish
journalists', said Aidan White, IFJ General Secretary. 'This case has
exposed further how anti terror laws are being used to crackdown on free
expression' ... 'These provisions in the penal code and anti-terror law
are like a sword of Damocles over the journalists', said Ercan Ipekci,
President of the Türkiye Gazeteciler Sendikasi (TGS), an IFJ
affiliate".[13][13]
"A publisher ... was [also] sentenced to five months in prison in
January 2009 by an appeal court", notes International PEN, which was
"converted to a YTL 3,000 fine (c. ?2,000). He had been offered a more
lenient sentence but had refused to comply with the demand that he
promise not to commit a similar crime in future. He was convicted for a
book that" - correctly - "suggested that the state had links to the
mafia and that there had been massacres of Kurds in the past, referring
to 'fascist dictatorships'".[14][14]
Those advocating peace are finding themselves criminalised. To take but
one example:
? "61 year old Peace Mother Sultan Acibuca was given a prison term of 6
years and 3 months because of what she said in Izmir on 8 March 2008,
World Women's day. Izmir High Criminal Court number 10 condemned her
[of] 'membership [of the] PKK' and sentenced her to 6 years and 3
months".[15][15] And what were the grounds for this accusation and
sentence?: "Acibuca was condemned for "condemning the murder of Hrant
Dink, attending the 1st September World Peace Day rally, and demanding
Peace at the Women's Day rally".[16][16]
"The court based the conviction on article 314/2 of the Turkish Criminal
Court (TCK) and article 5 of the Anti-Terror Law (TMK) which prescribes
an increase of punishment . Acibuca's condemning of the murder of
Turkish-Armenian journalist Hrant Dink"
- editor of the Istanbul based Armenian paper Agos, who had recognised
the Armenian genocide as 'genocide' and was facing charges because of
that, before his assassination -
"was evaluated as a criminal offence as well as her attendance of a
meeting on the occasion of the World Peace Day on 1 September, her call
for peace at the International Labour Women's Day and attending three
press releases as a spectator. Acibuca's lawyer Nezahat Pasa Bayraktar
presented his client's defence in the hearing on 9 June [2010]. He
stated that Acibuca's attendance of the press releases was under legal
guarantee of domestic law and of the European Convention of Human
Rights. He said that the activities on subject did not constitute a
crime. Punishing a mother because she defended peace did not accord with
the law, Bayraktar claimed. He drew attention to the fact that Turkey
was convicted of violating freedom of thought and expression countless
times by the European Court of Human Rights. Based on the example of the
case Incal vs. Turkey, the lawyer demanded the acquittal of his client
since her actions did not constitute any crime".[17][17]
In late June 2010, 98 organizations from Diyarbakir issued a joint
statement. Signed by "the Bar Association, non-governmental
organisations, professional organisations, rights organisations and
trade unions, [it] was read out . by [the] . President of the Diyarbakir
Chamber for Trade and Industry (DTSO) . The organisations pointed out",
amongst other issues, that obstacles to freedom of thought, freedom of
expression and freedom of association had still not been removed in
Turkey even "although they prevented free discussions of the Kurdish
question in all its dimensions".[18][18] Discussions of 'Other'
questions have also been prevented in a shocking way, as this
presentation and those of my colleagues tonight clearly indicates.
Regarding the question as to "why" the UK government is so shamefully
silent publicly on so many of these pressing concerns, even during PM
David Cameron's visit to Turkey at this moment in time, I can offer a
few suggestions:
1) The US government wants and requires UK support for Turkey,
irrespective of the situation and any ethical concerns.
2) Turkey is a "NATO ally" and has received US-UK and NATO support
in its 'dirty' past and ongoing genocidal wars against the 'Other' in
Turkey.[19][19]
3) Turkey is part of the US driven 'War on Terror' Coalition, so it
is 'excused' - so long as the US government deems it to be the case - of
any particular 'excesses' (as defined by the US administration, which
the UK government will take note of). This can be evidenced by PM
Cameron's assertion in Ankara that: "Turkey is a great NATO ally and
Turkey shares our determination to fight terrorism in all its forms,
whether from al-Qaeda or from the PKK".[20][20] As this presentation
shows, 'terrorism in all its forms', as determined by Turkey, has
resulted in an assault on the most basic freedoms of expression one can
imagine [often using the cover of the 'war against KCK-PKK terrorism'].
4) It offers lucrative trade with the UK, not least in the arms and
oil industry (eg. the Baku-Tbilisi-Ceyhan Pipeline which crucially runs
through Turkey "is owned by a consortium of energy companies and BP, the
operator of the pipeline. The shareholders of the consortium [comprise]
BP" with the leading share of 30.1%).[21][21]
5) The UK has never really been "moral" or "ethical" in its foreign
policy deliberations, as John Pilger, Mark Curtis - in The Ambiguities
of Power: British Foreign Policy since 1945 (Zed, 1995), The Great
Deception: Anglo-American Power and World Order (Pluto, 1998) and Web of
Deceit: Britain's Real Role in the World (Vintage, 2003) - and Robert
Fisk (referring to the British government's ongoing Armenian genocide
denialism policy at the behest of Turkey) have clearly demonstrated. We
have to recognise this fact and oppose such an orientation if we wish to
see meaningful change.
----------------------------------------------------------------
These Messages of support were read
? "We, as the members of the Ankara Initiative convey our warm
salutations to the participants of the parliamentary meeting, and
stress that international solidarity is vital in facing the
government's aggression against freedom of expression ..." - The
Ankara Initiative for Freedom of Thought.
? "Re the 27th July event: I am very supportive of the Kurdish freedom
struggle and oppose the attacks on freedom of expression. Sadly, I
already have engagements on 27 July. Please give my apologies and
solidarity to the meeting. I wish the campaign every success" - Peter
Tatchell.
----------------------------------------------------------------
The Petitions below were signed by the participants
:Petition 1 For the attention of Republic of Turkey Ministry of
Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of Dr.
Ismail Besikci and ask that the charges that have been brought against
him by the attorney general of Istanbul - for "PKK propaganda",
following the publication of his article entitled, 'The rights of the
nations to self-determination and the Kurds', in the journal of the
Association of Contemporary Lawyers - be dropped.
The charges which he faces on 28th July at the 11th High Criminal Court
of Istanbul clearly violate Dr Besikci's right to freedom of expression
and are in contravention of international standards safeguarding the
right to freedom of expression. Any conviction will be in breach of
Turkey's commitments under both Article 19 of the International
Convention on Civil and Political Rights and Article 10 of the European
Convention on Human Rights .
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
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Petition 2 For the attention of Republic of Turkey Ministry of Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK
Parliament) in London on the 27th July 2010, strongly condemn the
persecution of publisher Ragip Zarakolu and author Mehmet Güler and
ask that the charges that were brought against them on 20 July by the
Istanbul Public Prosecutor - under Article 7 of the Anti Terror law
for the book The KCK file/The Global State and Kurds Without a State -
be dropped.
We, like English PEN, are extremely disappointed to learn that Ragip
Zarakolu and Mehmet Güler are once again being tried in contravention
of international standards safeguarding the right to freedom of
expression. Any conviction will be in breach of Turkey's commitments
under both Article 19 of the International Convention on Civil and
Political Rights and Article 10 of the European Convention on Human
Rights .
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
Petition 3 For the attention of Republic of Turkey Ministry of
Justice
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of
artist and musician Ferhat Tunç, who is facing a 15 year jail sentence
because of a speech he gave at the Eruh-Çirav Festival. .
Due to be tried on July 28th 2010 in Diyarbakir, under article 7/2 of
the Anti-Terrorism Law (TMY), we endorse Freemuse's stated concerns
that: "We are deeply worried about the continuous harassment of our
colleague by Turkish Authorities. We regret that criminalisation of
opinion remains a key obstacle to the protection of human rights and
Turkey continues censoring and prosecuting its artists during a time
when Turkey's Human Rights and Free Expression records are under
international scrutiny. Ferhat Tunç has at numerous events expressed
his belief in a peaceful solution. He has always defended freedom of
expression in accordance [with] the international conventions on human
rights. We respectfully request immediate dismissal of the case against
Mr. Ferhat Tunç".
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
----------------------------------------------------------------
Petition 4 : For the attention of Republic of Turkey Ministry of
Justice and Turkish National Assembly, Human Rights Investigative
Commission
We, the participants of the meeting "Why does Turkey persist in
persecuting her intellectuals, her publishers, her lawyers and her
'Minorities'", which took place at the House of Commons (UK Parliament)
in London on the 27th July 2010, strongly condemn the persecution of the
chair of the Contemporary Lawyers Association (CHD), lawyer Selcuk
Kozagacli, because of his engagement to try those responsible for the
military assault in the prisons on 19th December 2000.
Selcuk Kozagacli was called on to make amends and has court proceedings
initiated against him, just because he said: "As long as the individuals
responsible for this massacre in the prisons have not been brought to
light, the representatives of judicial and political authorities will
bear responsibility for this crime".
It cannot be a crime to demand the persecution of responsible ones for
such a big crime, in which 29 prisoners lost their lives.
We demand that charges against Selcuk Kozagacli are dropped immediately
as this is a pure attack and disrespect of freedom of speech and
thought.
"Don't judge Selcuk Kozagacli, judge those who are responsible for the
murder of the prisoners".
Ministry of Justice of TurkeyMr. Sadullah Ergin
Fax: 0090 312 417 71 13E-mail: [email protected]
Turkish National Assembly, Human Rights Investigative Commission
Mr. Zafer Üskül
Fax: 0090 312 420 53 94
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[1][1] In the Kurdish context, it should also be noted that Kurds
demographically constitute the majority of the population in south-east
Turkey (north west Kurdistan) today.
[2][2] For further details, see Munoz, E. (1998) Scientists Clash With
The State in Turkey (The American Association for the Advancement of
Science, 1998 - Accessed at: http://shr.aaas.org/scws/cs4.htm ). As she
noted in that report: "The case of sociologist Ismail Besikci is a
tragic example of how limits to freedom of expression in Turkey affect
social scientists . Besikci's legal conflicts at the commencement of his
career set the pattern for a litany of prosecutions that continue to
this day . At the time of writing this report (1998), Turkish
authorities had launched at least thirty-seven trials against Besikci in
connection with almost all of his books and articles . The prosecution,
imprisonment, ill-treatment, and levying of fines against Ismail
Besikci, and his dismissal from Erzurum Ataturk University for
publishing his scientific studies on the southeast of Turkey and the
peaceful expression of his views constitute serious violations of
academic freedom and fundamental human rights. The government's actions
also infringe on his right to carry out his professional sociological
studies. Besikci's prosecution for exercising his right to freedom of
expression conflicts with Turkey's obligations to recognise the right to
freedom of thought, conscience and religion; the right to freedom of
expression; and the right to freedom of assembly and freedom of
association as delineated by the European Convention for the Protection
of Human Rights and Fundamental Freedoms and the Final Act of the
Conference on Security and Cooperation in Europe (OSCE). Turkey is bound
by international law to guarantee these rights and to respect the basic
principles of human rights enumerated in the Universal Declaration of
Human Rights".
[3][3] Refer to my books Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010) and The Kurdish and
Armenian Genocides: From Censorship and Denial to Recognition? (Apec,
Stockholm, 2007). For related articles, see Skutnabb-Kangas, T. and
Fernandes, D. (2008) 'Kurds in Turkey and in (Iraqi) Kurdistan - A
Comparison of Educational Linguistic Human Rights in Two Situations of
Occupation', Genocide Studies and Prevention [the official journal of
the International Association of Genocide Scholars], Vol. 3[1].
[4][4] Belge Press Release, 21 July 2010.
[5][5] Belge Press Release, 21 July 2010.
[6][6] Belge Press Release, 21 July 2010.
[7][7] Onderoglu, E. (2010) 'LITERATURE CONVICTED UNDER ANTI-TERROR
LAW: Author Güler Sentenced on Behalf of Novel Characters', Bia News,
11 June 2010 (Accessed at:
http://bianet.org/english/freedom-of-expression/122661-author-guler-sentenced-on-behalf-of-novel-characters).
[8][8] FIDH (2010) 'The Human Rights Association Remains in the Firing
Line', FIDH, 29 December 2009 (Accessed at:
http://www.fidh.org/The-Human-Rights-Association-IHD-remains-in-the ).
[9][9] FIDH (2010) 'The Human Rights Association Remains in the Firing
Line', FIDH, 29 December 2009 (Accessed at:
http://www.fidh.org/The-Human-Rights-Association-IHD-remains-in-the ).
[10][10] For an extensive examination and analysis of this
issue, refer to several articles by Tove Skutnabb-Kangas, as well as my
Modernity, 'Modernisation' and the Genocide of Kurds and 'Others' (Apec,
Stockholm, 2010), The Kurdish and Armenian Genocides: From Censorship
and Denial to Recognition? (Apec, Stockholm, 2007), and
Skutnabb-Kangas, T. and Fernandes, D. (2008) 'Kurds in Turkey and in
(Iraqi) Kurdistan - A Comparison of Educational Linguistic Human Rights
in Two Situations of Occupation', Genocide Studies and Prevention [the
official journal of the International Association of Genocide Scholars],
Vol. 3[1].
[11][11] See Debka File (2010) 'Syria massacres Kurds aided
by Turkey's Israel-made drones', Debka File, 17 July 2010 (Accessed at:
http://www.debka.com/article/8916/ ). This report claims that: "Syrian
troops and Kurdish tribesman are locked in fierce battle since the
Syrian army blasted four northeastern Kurdish towns and neighborhoods at
the end of June, DEBKAfile's military and intelligence sources report.
Hundreds of Kurds are reported dead. The Syrian campaign is backed by
Heron (Eitan) spy drones Israel sold Turkey, made accessible on the
personal say-so of Prime Minister Tayyip Recep Erdogan". See also Ergil,
D.(2010) 'Russia, Syria and the Kurds', Today's Zaman, 21 July 2010
where he notes: "Hundreds of Kurds are reported dead. This may be a
routine reflex by the Syrian armed forces. What is new is that the
Syrian campaign is backed by Heron spy drones Israel sold Turkey,
reportedly made accessible on the personal orders of Prime Minister
Tayyip Recep Erdogan . The drones are being used to track Kurds in their
movements across Syria's borders. The unmanned aerial vehicles'
assistance to Damascus is said to be in breach of the Israel-Turkish
sales contract, which barred their use in the service of hostile states
or entities . It is ironic that the states in the Middle East with
Kurdish enclaves can only come up with military methods to deal with
their Kurdish 'problem'. How much more manpower (lives), material
sources and time this method will consume is unknown ...".
[12][12] See my Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010).
[13][13] IFJ (2010) 'IFJ Condemns Jailing of Journalist in
Turkey', Info Turk, June 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last ).
[14][14] International PEN, International Publishers
Association, and Index on Censorship (2009) 'NGO in Consultative Status
with ECOSOC: Contribution to the Universal Periodic Review Mechanism,
8th session of the Working Group of the Universal Periodic Review,
Submission on Turkey, 9 November 2009', International PEN, International
Publishers Association, and Index on Censorship, p. 4 (Accessed at:
http://www.internationalpublishers.org/images/stories/MembersOnly/FTPC/UPR/turkey%20upr%20_3_.pdf ).
[15][15] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Info Turk,
Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last).
[16][16] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Info Turk,
Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Last).
[17][17] Freedom of Expression Weekly Bulletin (2010)
'Peace Mother gets 6 years and 3 months of prison sentence', Freedom of
Expression Weekly Bulletin, Issue 24/10, June 11, 2010 (Accessed at:
http://www.info-turk.be/382.htm#Mother).
[18][18] 98 NGOs Call for End of Violence - PKK Refuse
Unilateral Ceasefire BIA, Tolga Korkut - Erhan Üstündag, 29 June
2010 http://www.info-turk.be/383.html#censors
[19][19] See my Modernity, 'Modernisation' and the Genocide
of Kurds and 'Others' (Apec, Stockholm, 2010); United States, German,
British, Israeli and NATO Inspired 'Psychological Warfare Operations'
Against the 'Kurdish Threat' in Turkey and Northern Iraq (Apec,
Stockholm, forthcoming); 'Turkey's US Backed "War on Terror"', Variant:
Cross Currents in Culture, No. 27, Winter 2006 and 'United States and
NATO Inspired Psychological Warfare Operations Against the "Kurdish
Communist Threat" in Turkey', Variant: Cross Currents in Culture, Vol.
2, Number 12, Spring, p. 10-16 (Co-authored by Iskender Ozden).
[20][20] Quote also confirmed in an article a day after
this parliamentary meeting - See Frum, D. (2010) 'David Cameron Favours
Turkey With Flattering Lies', The National Post, 28 July 2010.
[21][21] Wikipedia (2010) 'Baku-Tbilisi-Ceyhan pipeline',
Wikipedia (Accessed at:
http://en.wikipedia.org/wiki/Baku-Tbilisi-Ceyhan_pipeline ).
From: A. Papazian