Communications received

375. By letter dated 5 June 2001 the Government responded to the urgent appeal sent

on 18 April 2001. The Government informed the Special Representative that in the context of police operations in Konya, Hiiseyin Calik was taken into custody on 25 April 2000. He confessed that he had been planning to murder Eren Keskin and that he had gone to Istanbul in March 1999, possessing a pistol. He said that he had gone to the office of Eren Keskin, but could not achieve his goal owing to the crowd in the office. The Government stated that upon

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the completion of the investigation, Hiiseyin Calik had been arrested and was in prison. The Government added that it was incorrect and misleading to refer to "a Kurdish political party" in Turkey because no political party could be established on ethnic grounds.

376. By letter dated 13 June 2001, the Government provided additional information.

Eren Keskin had not requested the security forces to provide her with personal protection. She had asked for a police patrol in the neighbourhood of the Istanbul branch of HRA. The Government informed the Special Representative that upon receipt of this request, the necessary measures had been taken by the security forces.

377. By letter dated 4 July 2001, the Government responded to the urgent appeal sent

on 2 February 2001. The Government informed the Special Representative that the relevant court had decided to release Nimet Tanrikulu on 6 February 2001 and she had been acquitted on 24 May 2001. The Government assured the Special Representative that none of the medical reports indicated any trace of ill-treatment or torture while she was in custody. The Government added that, upon the decision of the relevant court, the security forces searched the IHD premises in Ankara in January 2001 and found empty cartridges, a mortar shell head and illegal publications. A suit was therefore filed demanding that IHD be closed down. The Government informed the Special Representative that the case was pending.

378. By letter dated 29 August 2001, the Government responded to the urgent appeal sent on 28 June 2001. The Government informed the Special Representative that the accused persons were on trial on different charges in the Turkish General Staff Military Court, Istanbul State Security Court No. 5, Uskiidar Criminal Court No. 2 and Uskiidar Criminal Court of First Instance No. 2. The Government added that the Uskiidar Public Prosecutor's Office gave a decision of non- jurisdiction on 5 October 2000 in the case of the publishers of the book entitled "Diisiinceye Ozgurluk 2000" (Freedom of Thought 2000). The Uskudar Public Prosecutor's Office therefore decided to forward the file to the General Staff Military Prosecutor's Office. The Government added that, according to article 1 1/A of the Code on the Establishment and Trial Procedure of Military Courts, military courts also have jurisdiction to try non-military persons for offences specified in article 58 of the Military Criminal Code. The Government informed the Special Representative that the accused persons were acquitted by the Istanbul State Security Court No. 5 on charges of aiding and abetting the terrorist organization PKK by spreading its propaganda, spreading propaganda against the indivisible entity of the Turkish State with its territory and nation, as well as inciting people to hatred and enmity on the basis of race and region. The judgement was upheld for Sadik Tasdogan, while it was overruled for the other accused persons by the Court of Appeal on 11 June 2001. The case was therefore pending. The Government informed the Special Representative that the trial of the accused persons on charges of insulting the Turkish nation, the Republic and the Government through a publication was pending in

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Uskiidar Criminal Court No. 2. The trial of the accused persons on charges of insulting religions, judges, the Turkish flag and Atatork through the press was pending in Uskiidar Criminal Court of First Instance No. 2.

379. By letter dated 19 September 2001, the Government responded to the urgent appeal sent on 14 August 2001. The Government informed the Special Representative that Rasim Asan had been arrested upon a decision of Sirnak Criminal Court of Peace on 9 August 2001 on the grounds of violating the Turkish Criminal Code by insulting the military. The Government assured the Special Respresentative that none of the medical reports indicated any trace of torture or ill-treatment. The Government added that the confiscated cameras had been returned to their owners and the tapes handed over to the security forces as part of the investigation.

380. By letter sent on 2 January 2002, the Government responded to the urgent appeal sent on 14 August 2001 regarding Rasim Asan. The Government informed the Special Representative that a lawsuit has been filed against Rasim Asan and Osman Baydemir under the Turkish Penal Code on the grounds of insulting the armed forces. Rasim Asan was released following the first hearing, held on 19 September 2001, and Osman Baydemir was not taken into custody. The case is pending.

381. By letter dated 2 January 2002, the Government responded to the urgent appeal sent on 11 September 2001 concerning the raid on the HRFT offices in Diyarbakir. The Government informed the Special Representative that, upon the decision of the competent court, the security forces searched the premises of the Diyarbakir branch of HRFT on 7 September 2001. Afterwards, an investigation had been initiated regarding the HRFT on the grounds of its carrying out activities which went beyond the purposes prescribed by its founding charter and aiding the terrorist organization PKK by its involvement in treating PKK members. The Government added that, following the investigation, a decision of partial non-prosecution was given regarding the accused persons on 25 October 2001, and a decision of non-jurisdiction was given regarding Sezgin Tanrikulu and his file was therefore transferred to the Diyarbakir Public Prosecutor's Office.

382. By letter dated 2 January 2002 the Government responded to the allegation transmitted on 19 October 2001. The Government informed the Special Representative that Ms. Giinseli Kaya and Dr. Alp Ayan had both attended a demonstration held without permission for the funeral of Nevzat Ciftci on 30 September 1999. When the security forces advised the group to disperse, the group attacked with stones and cudgels. Some members of the group, including Ms. Kaya and Dr. Ayan, were detained on the ground of violating the law on meetings and demonstrations. They were released on 20 January 2000 pending trial. The Government added that upon the decision of the relevant court, the security forces searched the HRA premises in Ankara on

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22 December 2000. Ali Riza Bektas and Selim Necati Ort were arrested. A suit was filed demanding the punishment of 12 persons, including Liitfi Demirkapi, on the grounds of aiding and abetting terrorist organizations, and demanding the closure of the Ankara HRA. The Government added that Emrah Serhan Soysal had been taken into custody on 26 May 2001 and arrested on 30 May 2001. His file is pending, as is the IHD file.

383. By letter dated 8 January 2002, the Government responded to the urgent appeal sent on 19 November 2001 regarding Zeki Gene. The Government informed the Special Representative that investigations had been initiated. Zeki Gene was taken into custody on 15 November 2001 and arrested on 19 November 2001. The Government added that a lawsuit had been filed against him and his two fellows on the grounds of carrying out armed acts, restricting personal freedom, threat by weapon and violating law No. 6136.

Observations

384. The Special Representative thanks the Government of Turkey for its detailed replies. The Special Representative was pleased to learn that the Diyarbakir Directorate for Security returned on 10 October 2001 all 365 patient files which had been seized by Turkish police forces from the Diyarbakir Rehabilitation Centre. She also welcomes the release on 19 September 2001 of Rasim Asan. However, the Special Representative remains concerned about the human rights defenders against whom criminal trials are still pending.