17 May 2005

1. "Öcalan's lawyer: The legal process has begun", Hasip Kaplan: The European court decision foresees retrial or reopening of the file. Turkish law foresees retrial but doesn’t foresee the reopening of the file. This is one of the points that should be concentrated on in the next few days.

2. "Amnesty International demands changes in the new Penal Code", a new version of the Turkish Penal Code (TPC) currently before the Turkish parliament for approval may be used to unnecessarily restrict the right to freedom of expression and couldresult in people being jailed as prisoners of conscience. It also leaves open the possibility of discrimination on grounds of sexual orientation within the law, and retains obstacles to prosecutions for torture.

3. "Europe: Council Of Europe Looks For New Relevance In A Changing Continent", the Council of Europe, the oldest pan-European political organization, is seeking to redefine itself as a relevant body in modern, post-Cold War Europe. Among other issues up for debate are human trafficking, terrorism, organized crime, and minority rights. (..) This is a serious issue, as the court has considerable influence in moving countries toward democratic norms. For instance, the court last week ruled that the 1999 trial of jailed Kurdish rebel leader Abdullah Ocalan in Turkey was not fair.

4. "Two Kurdish rebels killed in failed attack on Turkish governor's home", two Kurdish guerillas trying to attack the home of a Turkish governor were killed Monday after police fired on them as they approached the building, officials said.

5. "PKK operation in Tunceli intensifies", nine PKK members are killed by security officers over the weekend in Tunceli, while an attack against a police station in Agri injures three officers.

6. "EU demands legal reform in Turkey", the European Commissioner in charge of enlarging the EU has called on Turkey to redouble its judicial reforms as it approaches negotiations on becoming a member state. Speaking in Istanbul, Olli Rehn said that much work was needed and that the speed of accession talks would depend on how quickly Turkey adopted European legal traditions.

7. "Turks to Fight 'Honor Killings' of Women", in a nondescript building in a remote part of Istanbul, a young woman sat in front of a television on a recent day watching a chilling scene unfold. Panning across the dank walls of a cave, the camera stopped on a primitive drawing of a female form, then dissolved into a modern crime scene showing the chalk outline of a woman's body on a road.

8. "Turkey scores poorly in gender equality study", Turkey has been ranked second last in a survey of economic equality between men and women in 58 countries around the world.

1. - Turkish Daily News - "Öcalan's lawyer: The legal process has begun":

Hasip Kaplan: The European court decision foresees retrial or reopening of the file. Turkish law foresees retrial but doesn’t foresee the reopening of the file. This is one of the points that should be concentrated on in the next few days

ISTANBUL / 16 May 2005 / by Gül Demir

The Grand Chamber of the European Court of Human Rights in Brussels issued its response to an appeal made in the case of Abdullah Ocalan this past week, upholding a decision of the first chamber handed down in 2003. Ocalan's trial in Turkey for his leadership of a terrorist group, resulting in thousands of deaths, had not been just and therefore he should be retried or his file reopened.

Following the decision, Hasip Kaplan, lawyer for the former Kurdistan Workers' Party (PKK) leader, answered questions put to him by the Turkish Daily News about the Grand Chamber's decision and the next moves that will be undertaken.

For example, Kaplan believes in terms of the administrative steps that must be taken and thinks the retrial process may take as much as a year before the case is opened again. “But it is impossible for us to see the next process at the moment. I think there is no problem in domestic law. The unconstitutionality of the law preventing the hearing process may become a topical issue. If unconstitutionality becomes a topical issue, the hearing may be suspended until the Constitutional Court discusses it.

“The new Turkish Criminal Code will be put into force on the first of June. This will be effectively implemented during the retrial process. Maybe a procedure different from the one on Imrali Island [where Ocalan was tried] will be implemented. For example, it might be open to the public, but the press won't be allowed in. There is a point here underlined by the European court. It foresees the retrial or the reopening of the file. Our law foresees retrial but doesn't foresee the reopening of a file. This is one of the points that should be concentrated on in the next few days. We have always said this is a sensitive case. Maybe the retrial process will result in a solution to the Kurdish problem, create peace and cause the PKK to lay down their guns, [thus] opening a new page. If the sides [in the case] and the press give a warm welcome to this and contribute to the retrial process, it may be possible within a short time to solve the problems that Turkey hasn't been able to solve.

“Since no disturbances occurred in the trial, which took place under the most difficult of conditions in Turkey, I think there is no possibility of violent events now since the atmosphere is more relaxed. As long as everyone uses common sense, I don't think a disturbance will occur.”

The next steps for Kaplan are to evaluate the decision and meet with Öcalan; then an application will be made for a retrial date because a reinterpretation and correction of the decision needs to be requested. “In such a case, there are some things that have to be done before the Council of Ministers begins to act. Government lawyers will express their views on the opening of the retrial process. Political statements such as, ‘The results won't change even if he is tried' seem like prejudices. Adjudication is what will decide this; nobody has the right to represent justice if they are prejudiced. Politicians must stop talking now. The legal process has begun. Politicians don't have the right to make this a political tool. The politics of law will begin going into action from now on.”

When asked how he would evaluate the European court decision, Kaplan pointed out that the Grand Chamber had unanimously decided that Ocalan's right to a defense, "equality of weapons" and equality of defense under the sixth and third articles of the European Convention on Human Rights related to receiving a just trial were violated.

Kaplan continued: “From this point of view one sees that there was very serious negligence over the right of defense. Another article was the convention's second one, the violation of the right to life. Because the death penalty was abolished while the trial was in progress, the violation of the right to life was dropped. But in accordance with the convention's third article, the court decided it was a violation because he had been tried for the death penalty under unfair conditions and treated badly. When you look at it from this point of view, we see the government's objections were rejected. But because a petition that Ocalan being captured in Kenya and the conditions of his imprisonment constituted bad treatment was rejected in the Grand Chamber, we see that in particular the process of his capture in Kenya will remain in the dark.”

Factors playing role in decision

Many things have changed in Turkey since the beginning of the trial in 1999. The military member [in the courts] has been removed, State Security Courts (DGMs) have been abolished, the death penalty has been lifted, the laws on compromise have changed and lawyers can meet with clients in custody.

“The most important point in the Ocalan case was the short time for the defense to prepare and the restrictions,” said Kaplan. “Ocalan's trial process lasted five days. His lawyers were only able to reach Imrali Island after a 15-hour trip by land and sea. When the defense lawyers reached the island, they were forced to conduct their defense without having slept and without having read the file. On the contrary, the prosecutors, who should have endured the same conditions as the defense lawyers, went to Imrali Island by helicopter and rested in the Justice Ministry's guesthouse. This was the situation, if we have to emphasize it from the point of the 'equality of weapons.' In my opinion, it was a cosmetic trial.

“Despite Imrali's being in Mudanya [near Bursa] and within the borders of the Istanbul DGM, the Ankara DGM came to Imrali to try the case. The courtroom in particular was built without a court decision. Requests from lawyers were not accepted during the process. Seven lawyers were beaten by police officers and obtained doctors' reports. Three lawyers were beaten and injured at a hearing in a courtroom in Ankara. That is to say, lawyers were not only prevented from working but they were also attacked. It is very clear from such situations that it was not a fair trial.”

If Turkey doesn't implement the decision

“As jurists, we implement political law. Political law is art and sensibility. The criteria are obvious in the European convention. The European court did not evaluate this case as a political decision; it handled the case from the point of legal technicalities. It acted according to the convention's criteria for a fair trial. Turkey has not seen one reality yet. It signed and approved the U.N. Convention on Civil Rights and Political Rights. The right to a fair trial is foreseen here. The decision of the European court was made within the framework of the regional pact of the European Council. Since this decision was not implemented, Turkey faces a threat from the U.N. Commission on Human Rights. As a country that respects the rule of law, Turkey has to prove its level of civilization by implementing this. Since Turkey is within the context of the EU convention, it must implement this decision made by the European court.”

2. - info turk - "Amnesty International demands changes in the new Penal Code":

16 May 2005

A new version of the Turkish Penal Code (TPC) currently before the Turkish parliament for approval may be used to unnecessarily restrict the right to freedom of expression and couldresult in people being jailed as prisoners of conscience. It also leaves open the possibility of discrimination on grounds of sexual orientation within the law, and retains obstacles to prosecutions for torture.

The new TPC has been presented as a reforming measure designed to improve human rights protection in Turkey, as it attempts to bring its laws into line with the requirements for membership of the European Union. While the new TPC does propose many positive changes - for example, it increases the punishment for those convicted of torture - it contains numerous restrictions on fundamental rights. Provisions covering freedom of expression, which have been used in the past to prosecute people or imprison them as prisoners of conscience, remain.

Article 159 of the old TPC, which criminalized acts that "insult or belittle" various state institutions, is one that Amnesty International has repeatedly called on the authorities to abolish. It reappears as Article 301 of the new TPC in the section entitled "Crimes against symbols of the state's sovereignty and the honour of its organs" (Articles 299 - 301). Amnesty International is concerned that this section could be used to criminalize legitimate expression of dissent and opinion.

New articles have been introduced which appear to introduce further restrictions to fundamental rights. Article 305 of the new TPC criminalizes "acts against the fundamental national interest". The explanation attached to the draft, when the law was first presented to Parliament, provided as examples of such crimes, "making propaganda for the withdrawal of Turkish soldiers from Cyprus or for the acceptance of a settlement in this issue detrimental to Turkey... or, contrary to historical truths, that the Armenians suffered a genocide after the First World War." Amnesty International considers that the imposition of a criminal penalty for any such statements - unless intended or likely to incite violence - would be a clear breach of international standards safeguarding freedom of expression.

The law was supposed to enter into force on 1 April 2005. However, in the face of forceful objections by Turkish journalists that the TPC could be used to greatly restrict their activitiesand even imprison them, the government agreed to delay this until 1 June 2005 in order to make amendments.

On 3 May, the ruling Justice and Development [AK] party submitted its proposed changes to the draft TPC. While some small changes have been made - mainly the removal of provisions that allowed for increased sentences when breaches of the code took place in the media - most of the restrictive articles remain and have not been changed. In at least one instance, the ruling party is apparently trying to introduce even greater restrictions: for example, the proposal suggests that Article 305 should be altered to explicitly allow for the prosecution of "foreigners" as well as Turkish citizens

Article 122 of the draft, which forbids discrimination on the basis of "language, race, colour, gender, political thought, philosophical belief, religion, denomination and other reasons" originally listed "sexual orientation", but this was removed from the draft at the last moment. Amnesty International is therefore concerned that discrimination on the basis of sexuality is not criminalized in the new law.

In addition, Amnesty International is concerned that the statute of limitations (the time limit) still applies in trials of people accused of torture. While the new law has extended this time limit from seven-and-a-half years to 10 years, it is common for trials of alleged torturers to be deliberately protracted and ultimately abandoned because of this provision, thereby contributing to a climate of impunity. Given the frequency with which this happens, Amnesty International considers that there should be no statute of limitations for the crime of torture.

3. - RFE/RL - "Europe: Council Of Europe Looks For New Relevance In A Changing Continent":

The Council of Europe, the oldest pan-European political organization, is seeking to redefine itself as a relevant body in modern, post-Cold War Europe. The 46-member council opens a two-day summit in the Polish capital Warsaw today, and it will be seeking to stake out a role for itself separate from the ever-expanding European Union. Among other issues up for debate are human trafficking, terrorism, organized crime, and minority rights.

PRAGUE / 16 May 2005 / by Breffni O'Rourke

The Council of Europe summit in Warsaw (16-17 May) brings together for the first time in history the leaders or top officials of 46 European states. Only authoritarian Belarus among the European countries is missing.

Formed 56 years ago, the Council of Europe is the forerunner of all other pan-continental bodies, such as the European Union (EU) and the Organization for Security and Cooperation in Europe (OSCE).

The summit, only the third since the council was founded in 1949, is a celebration of achievements. But at the same time it is an urgent discussion on how to keep this venerable institution relevant to the Europe of the 21st century.

Council Deputy Secretary-General Maud De Boer-Buquicchio told RFE/RL that the Warsaw gathering must lay out the path ahead.

"It is very important at this point in time when the European Union is enlarging, and covering a geographical area which is part of the Council of Europe that we reaffirm that there is a [larger] pan-European area which is based on common values and standards," de Boer-Buquicchio said."It is very important at this point in time when the European Union is enlarging, and covering a geographical area which is part of the Council of Europe that we reaffirm that there is a [larger] pan-European area which is based on common values and standards."

Looking first at the celebratory side, Council Secretary-General Terry Davis said in Warsaw yesterday that in the space of a lifetime, Europe has "grown out of an almost permanent state of conflict" into a region where respect for democracy, human rights, and the rule of law are imperatives.

But the transition has not been easy, and is not yet complete. Davis said that even in the last 15 years, Europe has seen terrible wars and atrocities -- in the Balkans, the South Caucasus, and the Russian Federation.

He said the original driving force of European Unity was to overcome the tragedy and devastation of World War II. Now, 60 years on, the motivation is different -- namely how to create a future inspired by the values Europe now considers its own.

But the Council of Europe is no longer alone as a promoter of human rights and democratic values in a European context.

The European Union a year ago made its biggest expansion ever, into Central and Eastern Europe, taking in many of the former communist states that took their first steps toward democracy as members of the Council of Europe. The Council's role there is now somewhat eclipsed -- and the EU is still expanding to take in more Council of Europe members.

The Vienna-based OSCE's activities also overlap those of the Council, in the promotion of human rights and democratization.

But Council deputy head De Boer-Buquicchio told RFE/RL that there is "absolutely" still a role for the Council of Europe. She says the summit is an occasion for defining the areas of competence of the various bodies dealing with democratization and rights in Europe.

"We have established very clear modalities of operation between the Council of Europe and the OSCE -- similarly we have already a very pragmatic way of working together with the European Union, in particular in southeast Europe, and in the southern Caucasus. But what is needed now is that this grass-roots cooperation, which works well, is also reflected in a political statement by the heads of state and government who are here, expressing the political dimension of this reality," De Boer-Buquicchio said.

With this aim in mind, the president of the Council's Parliamentary Assembly, Rene van der Linden, listed ahead of the summit what he sees as the ways the Council can develop its strong points.

He says the Council is the best-placed forum to intensify intercultural and inter-religious dialogue. It is also well placed to cooperate with and develop civil society. Further, he urges the EU not to seek to duplicate the Council's work, but instead use the experience, institutions, and instruments of the Council of Europe.

Van der Linden also said something must be done to ease the enormous and ever-growing backlog of cases before the European Court of Human Rights. At present, it takes some six years for a case to be heard by the court, which is a Council of Europe offshoot.

This is a serious issue, as the court has considerable influence in moving countries toward democratic norms. For instance, the court last week ruled that the 1999 trial of jailed Kurdish rebel leader Abdullah Ocalan in Turkey was not fair.

Taking its cue from the court, the EU's executive commission immediately called on Turkey to act on the nonbinding verdict. Commission spokesman Amadeu Altafaj.

"The European Commission expects that Turkey will respect this decision of the Court of Human Rights. And just a reminder that Turkey is a member of the Council of Europe, so it is due to implement all the decisions of the court," Altafaj said.

Turkish officials indicated they will heed the court's call as Turkey seeks to improve its human rights record to advance its efforts to join the EU.

4. - AP - "Two Kurdish rebels killed in failed attack on Turkish governor's home":

DIYARBAKIR / 16 May 2005

Two Kurdish guerillas trying to attack the home of a Turkish governor were killed Monday after police fired on them as they approached the building, officials said.

One of the rebels was shot to death by police guarding the residence in the southeastern province of Siirt, and the other was killed when a grenade he was carrying exploded in his hand, local officials said.

One policeman was injured in the gunfire with the rebels of the Kurdistan Workers’ Party, or PKK.

Siirt is about 560 miles southeast of Ankara, the capital.

The PKK has battled government forces in a conflict that has killed more than 37,000 people since 1984.

Clashes in Turkey’s predominantly Kurdish southeast had tapered off after a rebel truce in 1999, which followed the capture of their leader, Abdullah Ocalan. But the rebels have recently escalated their attacks.

The attempted attack comes at a time of concern about possible increase in violence following a European court judgment that Ocalan did not receive a fair trial in 1999.

It is not clear if Turkey will retry Ocalan, but a new retrial would be extremely unpopular, with many Turks blaming the imprisoned PKK leader for the bloody insurgency.

Last week, soldiers killed nine rebels in a military operation in nearby Tunceli province and seized automatic weapons, plastic explosives, grenades and a rocket-propelled grenade launcher.

5. - Turkish Daily News - "PKK operation in Tunceli intensifies":

Nine PKK members are killed by security officers over the weekend in Tunceli, while an attack against a police station in Agri injures three officers

ANKARA / 16 May 2005

Turkish security forces carrying out an extensive operation in Tunceli killed at least nine members of the outlawed Kurdistan Workers' Party (PKK/Kongra-Gel) over the weekend.

The operation comes amid heightened concerns about new violence following a European court judgment that the terrorists' imprisoned leader did not receive a fair trial.

The PKK members -- seven men and two women -- were killed late Friday in Tunceli, some 800 kilometers east of the capital city of Ankara, local officials said. Automatic weapons, plastic explosives, grenades and a rocket-propelled grenade launcher were seized in the operation, authorities said. A Syrian citizen was among those killed, officials added.

CNN-Turk said some 10,000 Turkish soldiers were taking part in a massive military operation against the autonomy-seeking terrorists. Private NTV showed footage of en-route military trucks, tanks, and helicopters.

The rebels have recently heightened attacks in the region. The military operation comes amid concerns that Thursday's European Court of Human Rights ruling that imprisoned PKK leader Abdullah Öcalan did not receive a fair trial in 1999 could give new momentum to the rebels.

The PKK is now believed to be divided between groups that favor a peaceful, democratic struggle for Kurdish rights and those who believe they should return to the battlefield.

There has been a recent increase in attacks by the terrorist group, including an ambush Friday that killed three Turkish soldiers in nearby Bingöl province.

Police station attacked, three injured:

Dogubeyazit police station in Agri near the border with Iran was attacked late on Friday by unknown assailants with guns and hand grenades, injuring three police officers in a car in front of the station.

The police officers were taken to a hospital in Van for medical treatment.

6. - The Lawyer.com - "EU demands legal reform in Turkey":

16 May 2005

The European Commissioner in charge of enlarging the EU has called on Turkey to redouble its judicial reforms as it approaches negotiations on becoming a member state.

Speaking in Istanbul, Olli Rehn said that much work was needed and that the speed of accession talks would depend on how quickly Turkey adopted European legal traditions.

The Finn stressed: "A foreign investor needs independent judges, transparent legal and administrative proceedings and no corruption."

To join the EU, Turkey must adopt its growing body of judicial legislation, such as directives on accepting evidence and legal documents provided by another member state. It would also have to accept EU human rights principles on judicial independence. Rehn said Brussels would not initially dictate exactly what reforms are required.

7. - The New York Times - "Turks to Fight 'Honor Killings' of Women":

ISTANBUL / 15 May 2005 / by Sebnem Arsu

In a nondescript building in a remote part of Istanbul, a young woman sat in front of a television on a recent day watching a chilling scene unfold. Panning across the dank walls of a cave, the camera stopped on a primitive drawing of a female form, then dissolved into a modern crime scene showing the chalk outline of a woman's body on a road.

"Every year, dozens of women fall victim," said the menacing voice of Atilla Olgac, an actor who plays the most fearsome character on Turkey's most popular television drama. "Don't be a part of this shame; don't turn a blind eye to murders committed in the name of honor."

The video is part of a nationwide campaign in Turkey to bring an end to so-called honor killings, in which a woman is killed by her husband or a male relative for behavior that is perceived as a slight to the dignity and respectability of her family. Rights organizations in Turkey and abroad have long denounced the practice as brutal and unfair to women; men who engage in the same activities are not held accountable.

The 24-year-old woman was watching a preview of the television spot with officials from a women's shelter.

She had been staying there for three days, the latest stop in a series of moves intended to keep her at a safe distance from a family that had decided she must return to her abusive husband, or die.

Identified by shelter officials only as Nazan, she was married against her will when she was 15 and is now the mother of three children.

Nazan said she fled her home after years of physical abuse and returned to her family declaring that she wanted a divorce. She begged to stay with her father for safety, but she said he considered her actions an affront to the family honor, and in an effort to force her back to her husband became abusive himself, leaving knife scars on her arms, legs and back.

According to official records, 43 women in Turkey were victims of honor killings in 2004. But human rights activists say the number is far greater than that, with families reporting deaths as suicides or simply filing missing persons reports.

"Women's groups have been active in raising consciousness to prevent honor killings in the past few years but what they needed was a national campaign to support their work," said Nilufer Narli, a sociologist from Kadir Has University in Istanbul.

She praised the campaign, which also includes billboards and fliers. "Panels and conferences reach the elite, but you need television and movies to reach people in the street."

The promotional television spots are scheduled to be broadcast on donated time on at least 10 television stations and hundreds of radio stations nationally starting this week.

Honor killings are most common in the country's rural southeast, and among poorer and less educated Turks.

In Diyarbakir, the largest city in the region, there are no shelters, despite efforts by local groups.

"Women are deeply hesitant to come to us," said Reyhan Yalcindag, deputy director of the Diyarbakir Human Rights Association. "Even if they had the courage to file an official complaint, they still must go back to the home where they are targets, and live among the very people they have made charges against."

"There are only 14 shelters in Turkey, and none in the southeast," she said. "These are not acceptable figures." The media campaign in Turkey is the first combined effort on the issue of honor killings involving both governmental and nongovernmental organizations, as well as clerics, and it is being financed by a grant from the British Foreign and Commonwealth Office.

At the same time Turkey, in hopes of being granted entry into the European Union, is working to bring its human rights standards in line with those of the West and to modernize its criminal justice system.

A new penal code, ratified in September 2004, eliminated "protection of family honor" as a mitigating circumstance in murder trials and introduced heavier penalties for honor killing convictions. Another law recently passed by Parliament calls for the creation of a women's shelter in every large municipality in the country.

But some critics say the changes are not enough. Despite the removal of the family honor provision, the commission making the legal changes left a loophole in the law, preserving "unjust provocation" as an available defense that could be invoked in honor killing cases.

And while Ms. Yalcindag welcomed the potential addition of hundreds of new shelters, she said she was skeptical about the support they would get. "Cities will be obliged to build more shelters, but it is the responsibility of the central government to ensure their security," she said, "and there has been no promise made on that."

8. - NTV/MSNBC - "Turkey scores poorly in gender equality study":

Turkey has been ranked second last in a survey of economic equality between men and women in 58 countries around the world.

16 May 2005

Turkey was only ahead of Egypt in terms of the five criteria laid down by the WEF.

The results of the study, conducted by the World Economic Forum (WEF) and released Monday, showed that women in Egypt are the furthest behind men in terms of economic equality, with Turkey being rated as 57th out of 58.

The study, which took in all 30 industrialised countries of the Organisation for Economic Co-operation and Development (OECD), and 28 emerging market countries, rated countries on five criteria: equal pay and access to jobs, representation of women in decision-making structures, equal access to education and access to reproductive healthcare.

“Their rankings reflect large disparities between men and women of all five areas of the index,” the WEF said of those countries that rated poorly in the study.

Along with Turkey and Egypt in the bottom ten of the ranking were Venezuela, Greece, Brazil, Mexico, India, South Korea, Jordan, and Pakistan

Scandinavia filled the top five positions in the ranking, with Sweden leading the way for gender equality, followed by Norway, Iceland, Denmark, and Finland.