24 January 2005

1. "Norman Paech: Ocalan's isolation is a permanent torture", a delegation which constitutes of South African and German members, is visiting Turkey to investigate human rights violations and the situation of Kurdish People's Leader Abdullah Ocalan. They stated the isolation applied to Ocalan was 'a permanent torture' and that they would continue to work to end this torture.

2. "Turkey: Teachers' union under pressure", the largest trade union in Turkey, the Education Workers' Union (Egitim Sen) is at risk of closure in an ongoing trial because of a statement in its statute that it will work for the right of individuals to receive education in their mother tongue. Meanwhile, peaceful protests against the trial have been dispersed with excessive force and their organizers have been prosecuted.

3. "Thirteen injured as Turkish police clash with Kurdish protestors", thirteen people were injured Sunday when police clashed with protestors at a funeral in southeastern Turkey for two Kurdish rebels killed in a shootout with security forces, local sources said.

4. "Turkish-American Relations from Iraq Perspective", to see why there has not been much progress on the problems in Northern Iraq between the U.S. and Turkey, we should look at the wider picture including the prospects of civil war in Iraq following the elections.

5. "Bush’s freedom crusade, Turkey’s position", following his inaugural speech in which he reaffirmed his crusade for spreading freedom to countries to every dark corner in the globe that is still ruled by tyranny, president Bush might be spoiled for choice as where to begin implementing this long over due mission.

6. "Iraq deputy PM promises Kurds trial in Halabja for 'Chemical Ali'", Ali Hassan al-Majid, a jailed cousin of Saddam Hussein, will be tried in Halabja, at the scene of the crime that earned him the sinister nickname of 'Chemical Ali', Iraq's deputy prime minister vowed on Saturday.

1. - ROJ-TV - "Prof. Dr. Norman Paech: Ocalan's isolation is a permanent torture":

22 January 2005 / edited by International Initiative

A delegation which constitutes of South African and German members, is visiting Turkey to investigate human rights violations and the situation of Kurdish People's Leader Abdullah Ocalan. They stated the isolation applied to Ocalan was 'a permanent torture' and that they would continue to work to end this torture.

The delegation made a statement on its activities in the Istanbul Office of the Human Rights Association. The members of the delegation formed by South African and European non-governmental organizations and institutions Essa Moosa, attorney, Jacobens Johannen Moses, Dr Rolf Gossner, Heide Schneider, Prof. Dr. Norman Paech as well as the president of the Istanbul branch of the IHD, Eren Keskin, attended the press conference.

"Permission denied by the Ministry of Justice"

Dr. Norman Paech making a statement in the name of the group said that they had come to Turkey for two aims, one of which is to visit Kurdish People's Leader Abdullah Ocalan. Paech. He pointed out that Ocalan`s isolation is reported on in the foreign press and that they had come to Turkey to examine the matter. He emphasized the Ministry of Justice did not let the group examine the ''isolation'' imposed on Ocalan. ''Our purpose was to visit Ocalan in Imrali. Our request to make an impartial examination on his conditions was rejected. We as a delegation know that isolation imposed upon Ocalan means a constant torment. We were already not optimistic about our application which was to be responded by the Turkish government and knew it would be denied, but we do not tend to accept that or be in peace with this situation. We believe isolation is a violation of human rights'' he said.

'The Turkish state should take concrete steps for the resolution of the Kurdish question

Peach stated that the resolution of Kurdish question is linked closely to the decree that will be adopted by the European Court of Human Rights (ECHR) and they would like to understand how the government moves to solve the issue. Peach said they had talks with officials of the ruling Justice and Development Party (AKP), Democratic People's Party (DEHAP), Harmony Commission of the Turkish National Assembly, Bars Union of Turkey, the Istanbul and Ankara offices of the IHD and those of the Organization for Human Rights and Solidarity for Oppressed People (Mazlum-Der). ''We are curious about what the Turkish government thinks of the Kurds in the long-term. For the resolution of the problem, it is necessary to liberalize the use of the Kurdish language, to allow free establishment of Kurdish institutions, to let the Kurds to use the media unlimitedly, provide conditions for the return of the displaced villagers with compensation and abolish the village guard system'' Peach said.

Negotiation traffic

Peach expressed that the examinations have not yet finished and will continue. He also said that they will talk to the officials of Immigrants Association for Social Cooperation and Culture (Goç-Der), Association For Solidarity and Help of Relatives of the Disappeared (YAKAY-DER), Prisoners' Families Solidarity Association (TAYDER). He pointed out that a month after the completion of their examination, they will present conclusion reports to their home government officials.

2. - AMNESTY INTERNATIONAL - "Turkey: Teachers' union under pressure":

21 January 2005

The largest trade union in Turkey, the Education Workers' Union (Egitim Sen) is at risk of closure in an ongoing trial because of a statement in its statute that it will work for the right of individuals to receive education in their mother tongue. Meanwhile, peaceful protests against the trial have been dispersed with excessive force and their organizers have been prosecuted.

Since 2001 numerous constitutional and legal reforms have been made to bring Turkish law into line with international human rights standards. While many laws that have been used in the past to silence society have been changed, ways are still being found to restrict the rights to freedom of association, assembly and expression of human rights defenders - including trade unionists.

An example of this is the recent pressure brought to bear against Egitim Sen. In June 2004, a case was opened against the trade union at a labour court in Ankara asking for its closure since it had refused to remove from its statute the statement that it would work for "...the defence [of the right] of individuals to receive education in their mother tongue". The Ankara State Prosecutor who brought the case alleged that such an aim was contrary to Articles 42 of the Turkish Constitution which declares that "No other language than Turkish may be taught in educational and teaching facilities to Turkish citizens as their mother tongue". The State Prosecutor therefore demanded the closure of the trade union in accordance with the Law on Public Servants' Trade Unions which stipulates that the activities and administration of such trade unions may not be contrary to the Constitution.

In September, the court rejected the request for closure in a landmark decision which cited the rights to freedom of association and expression as laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms to which Turkey is a party. However, in an astonishing development, the Court of Appeals overturned this ruling in November on the basis that limitations to the rights to freedom of expression and association in this and other cases were necessary in order "...to prevent activities contrary to the unitary structure of the country as a compulsory precaution with the aim of protecting national and public security, and protecting public order". While it is true that the European Convention does accept some reasons for the limitation of these rights, it has stressed repeatedly in its judgements that the existence of relevant and sufficient grounds must be convincingly established by the state and that the limitation must be proportionate.

As a result of the Supreme Court's decision, a new trial against Egitim Sen began on 10 December 2004 at Ankara Labour Court No. 2. The next session of the trial will be on 21 February 2005.

Meanwhile, peaceful protests against the court case have been obstructed. Police reportedly used disproportionate force including beatings and tear gas to disperse a demonstration by supporters and members of Egitim Sen in Istanbul on 8 December 2004. Another case was initiated on 27 December at a court in Ankara against the board of Egitim Sen for staging an unauthorized demonstration against the case in 13 July.

Background:
Egitim Sen is Turkey's largest union with a membership close to 200,000 made up of teachers and education workers. It was founded on 23 January 1995 and is a member of Education International (EI) and is also a constituent of the International Confederation of Free Trade Unions (ICFTU).

Despite reforms made by the present government to improve the rights of citizens in Turkey, there still remain many laws which can be used to restrict fundamental rights, demonstrating the need for further legal and constitutional reform. Nowhere is this clearer than in the area of minority language rights. More than thirty languages are spoken in Turkey. While the Law on the Education and Teaching of Foreign Languages was changed in 9 August 2002 to allow for the "learning of different languages and dialects used traditionally by Turkish citizens in their daily lives", this right is subject to numerous restrictions. For example, the languages may only be taught to adults at private language courses. The UN Special Rapporteur on Education Katarina Tomasevski has pointed out the discrepancy that, while it is possible to learn foreign languages (such as Hungarian) at university, there are no language or literature departments in any minority languages at any university in Turkey.

Mother tongue education is similarly restricted. The United Nations Declaration on the Rights of Persons Belonging to National, Ethnic, Religious and Linguistic Minorities has stated that all UN member states should take "appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue". However, as the Special Rapporteur has also pointed out "...the mention of mother-tongue education [in Turkey] is further seen as jeopardizing territorial integrity, which removes the subject matter from the realm of national education to that of national security. Seeing multilingualism as an asset rather than a threat raises eyebrows... The boundaries between national security and education are apparently fluid and issues that pertain to education can be decided on national-security grounds rather than on their educational merits". Steps need to be taken to allow for the free discussion of such issues, such as in the case of Egitim Sen, and to remove restrictions on the teaching of minority languages - including by amending Article 42 of the Constitution.

3. - AFP - "Thirteen injured as Turkish police clash with Kurdish protestors":

DIYARBAKIR / 23 January 2005

Thirteen people were injured Sunday when police clashed with protestors at a funeral in southeastern Turkey for two Kurdish rebels killed in a shootout with security forces, local sources said.

A row erupted when the crowd attending the funeral in the city of Siirt refused to bury the dead in graves designated by local authorities and insisted on burying them elsewhere.

When police refused, the crowd began pelting officers with stones and sticks while police used truncheons and tear gas against the protestors.

Some officers were seen firing shots into the air. Three protestors and 10 police officers were injured in the scuffles.

It was not immediately clear if anyone was detained.

Some 37,000 people have been killed in the conflict between the military and rebels from the outlawed Kurdistan Workers' Party (PKK) who picked up arms against Ankara in 1984 for self-rule in Turkey's mainly Kurdish southeast.

The group, now known as KONGRA-GEL, announced a ceasefire in 1999 following the capture of its leader Abdullah Ocalan, but it called off the truce in June last year, warning tourists and investors to stay away from the country.

Sporadic fighting has since resumed in the region, but with far less intensity than before.

4. - Zaman - "Turkish-American Relations from Iraq Perspective":

22 January 2005 / by Ali H. Aslan

To see why there has not been much progress on the problems in Northern Iraq between the U.S. and Turkey, we should look at the wider picture including the prospects of civil war in Iraq following the elections.

We could see then clearly why there were few concrete steps forward during the Turkey-US-Iraq trilateral discussions attended by US Lieutenant General John Abizaid along with Iraqi Deputy Foreign Minister Hamit Al-Bayati last week, preceded by a visit by US Deputy Secretary of State Richard Armitage to Ankara in the week before.

Ankara has appealed to Uncle Sam with her requests and complaints as if the U.S. holds all the power in Iraq. Uncle Sam, meanwhile, frustrated by complications due to the strong resistance in Iraq, has tried to make Turkey a part of the solution, rather than part of the problem, by for example constantly testing how much more it could use the military base in Incirlik. That is both sides are self-centered and the dialogue between the two countries cannot go beyond a dialogue of the deaf.

Turkey wants an immediate cleansing of the Kurdistan Workers Party (PKK), no changes in the status of Kirkuk in favor of the Kurds and no room for an independent Kurdish state. Yet Americans are trying to keep the Kurds on their side while the legitimacy of the elections on January 30th in which many Sunnis will not cast votes have been questioned. Security problems have been escalating, and people are being collected almost one by one to go to the polls. What would be ideal for Washington is to freeze the Northern Iraqi Turkish-Kurdish problems for as long as possible so that they can eventually be resolved between Baghdad and Ankara. In fact, one of the most important goals in the trilateral summit is to get Ankara accustomed to working with their Iraqi counterparts.

The US Ambassador in Ankara Eric Edelman, in his interview with Zaman, has said, "United States and Turkey share common interests and common goals although sometimes they may have some differences about the means to achieve those goals." For example, both Washington and Ankara agree on protecting the territorial integrity of Iraq. However, Americans argue this should come about not through giving less autonomy to Kurds, but through a more powerful federal model. Some engagements that the US makes, especially to avoid trouble with the Kurds at tactical levels, can often be perceived as indicators of a long run strategic preference in Turkey.

Neither country desires continued chaos in Iraq or the country dragged into a civil war. However this possibility is increasingly being voiced in Washington, out of realist observations and generally preventive concerns, including by some members of the ruling party. For instance, at a New America Foundation meeting last week, an influential name among foreign policy elite, Brent Scowcroft (National Security Adviser of Bush's father's period) said the conflict in Iraq might deepen further: ''We may be seeing incipient civil war at this time." Those remarks stirred up a debate in strategic circles. Committed hawk Charles Krauthammer, was striking: "We should see Iraqi factionalization as a useful tool," while Tom Friedman, a prominent columnist of the liberal New York Times, ironically defended holding the elections on time by saying, "we have to have a proper election in Iraq so we can have a proper civil war."

At this point, one of the most critical questions for all parties involved, including Turkey, is whether or not the US will withdraw its soldiers from Iraq to refrain from a new Vietnam syndrome. The rumors that White House is planning to do this have only been strengthened by US Secretary of State Colin L. Powell's statement in an NPR interview that the US forces will start withdrawing from the country after Iraqis overtake more security roles (specifying no date). US Lieutenant General Thomas Metz, who is the Commanding General of the Multi-National Corps in Baghdad, has recently signaled that the current troop levels will be preserved at least until June. Some commentators suggest the card of withdrawing troops should be played to convince reluctant neighbors like Turkey and especially the Europeans. I am sure the US planners have also been discussing the question of "If we withdraw in the medium run, would Turkey organize a military intervention in Northern Iraq?"

The only way to resolve all these critical issues in the best interests of both the US and Turkey is dialogue, even though it is a dialogue of deaf for now.

We might perhaps learn to listen to each other by talking. The elimination of mutual mistrust between the military of the two countries is the most important priority. The visit from General Abizaid was a positive step towards a healthy dialogue between the US Central Command (CENTCOM), which is responsible for Iraq and said to be the most irritated about Turkey, and the Turkish General Staff. Dialogue on the diplomatic front, on the other hand, has been held in a relatively calmer and more realistic climate. Nevertheless, I think there is no need for unnecessary haste, such as the short-term visit by Turkish Foreign Ministry Undersecretary Ambassador Ali Tuygan to Washington. Let's allow the stones to settle a little in the renewed second Bush cabinet and the big bureaucratic turnover in Washington that accompanies it…

5. - Kurdistan Observer - "Bush’s freedom crusade, Turkey’s position":

22 January 2005 / by Adil Al-Baghdadi

Following his inaugural speech in which he reaffirmed his crusade for spreading freedom to countries to every dark corner in the globe that is still ruled by tyranny, president Bush might be spoiled for choice as where to begin implementing this long over due mission.

The speech has also heralded a change in the direction of US foreign policy from supporting despotic and dictatorial regimes during the cold war to spreading and disseminating the tenets of freedom in post Soviet Union.

Perhaps first on the list and most strong contenders to be at the receiving end of the freedom crusade are two of the Middle East’s most undemocratic states, Syria and Iran.

The two countries have evaded many tumultuous changes which have taken place around them by stifling yet more of the normal freedom which citizens of this planet have come to know and enjoy.

No wonder that George Bush has set the US firmly on a collision course with these most vicious regimes.

The role of the champion of human rights has until recently remained unfilled even by the UN, which has failed to criticize many atrocities around the globe, including mass killing and war crimes carried out by the Ba’th regime, on the basis of the now defunct principle not to interfere in the internal affairs of sovereign states.

Needless to say that this has been used as cart-blanche by many tyrannical regimes to wage horrendous mayhem against their people, which many of them have sadly gone unreported and had little coverage in the media.

It is likely that the coming days and months will see more open confrontations with Damascus and Tehran whose poor human rights records have been persistently condemned for decades by many human rights organizations.

One of the areas of human rights abuse by the said countries is the treatment of Kurdish nation in Western Kurdistan [Syria] and Eastern [Iran] Kurdistan.

These abuses have taken legitimacy from racist constitutions which explicitly deny the existence of any ethnic groups within the boundaries of the so-called one nation state.

One other dilemma added for Bush is how to reconcile his views with the actions of other states which are supposedly on his side.

These countries do not practice what they brag about and whose human rights records are just as abysmal as any tyrannical regimes and whose penal code is also based on the principle of denying the existence and the rights of others.

One of these countries is Turkey which seems very content with being positioned in the same ranks of Iran and Syria when it comes to the rights and treatment of Kurds in Northern Kurdistan.

If compared, Turkish penal code is no different to that of Iran and Syria with regards to the rights of individuals in general and the rights of Kurdish nation in particular.

No country in the world has been so eager to pursue a legacy of a dead man’s distorted views about the world as Turkey has done with the way it faithfully executes Ataturk’s outdated tenets, which mostly have been inspired by Hitler’s Germany.

The paradox in Turkey’s position is that on the one side it is very vociferous about being the only democracy within the Muslim world and at the same time still wants to preserve much of the anti-Kurdish articles of within the Turkish penal code.

A case in point about Turkey’s extreme measures to suppress any aspect of Kurdish culture is a recent report about a Kurdish prisoner in Mardin who was not allowed to take out from jail Kurdish translation of a Turkish poetic book, which he did during his term.

The book of poems in Kurdish, which was described by prison authorities and later by the so-called Discipline Committee as being written in unintelligible Turkish wording, has now landed in public prosecutor office which also could land the man with another term of imprisonment.

If president Bush wants the best short route to ensure a smooth regime change in Iran and Syria he then has to exert more pressure on Turkey to grant full political and cultural rights to Kurdish nation in North Kurdistan.

These rights including the right for self-government in the shape of a federalist region within Turkey can truly bestow upon her the title of being the only true democratic state within the Muslim world and in Europe.

If this happens then the new momentum with the dynamics generated by the state of affairs in the new federalist republic of Iraq will create a more favourable atmosphere and an impetus for freedom loving forces in Syria and Iran to side with the US in its pursuit to topple these expired regimes.

The fear is that President Bush’s words may ring very hallow in Kurdish ears if Turkey is allowed to continue with its less than inspiring and unique paradoxical position.

6. - AFP - "Iraq deputy PM promises Kurds trial in Halabja for 'Chemical Ali'":

HALABJA / 22 January 2005

Ali Hassan al-Majid, a jailed cousin of Saddam Hussein, will be tried in Halabja, at the scene of the crime that earned him the sinister nickname of 'Chemical Ali', Iraq's deputy prime minister vowed on Saturday.

Speaking to Kurdish families whose relatives were gassed here in 1988, Barham Saleh said: "We will bring you Chemical Ali, so that he can be tried in front of the families of the victims of the gassing."

"The representatives of the Halabja victims should ask the next government to allocate part of the Iraqi budget to the reconstruction of the town, in order to allow its inhabitants to erase the scars of the gassing," he said.

On March 16, 1988, the forces of the then President Saddam Hussein dropped chemical gas on Halabja, killing up to 5,000 peole, as part of a campaign to crush a Kurdish rebellion.

The cases of Chemical Ali and former defence minister Sultan Hashem Ahmed from the toppled regime were the first to be heard before the special Iraqi tribunal last month.