4 May 2006

1. "Kurdish rebels warn of 'mass war' against Turkey", the Kurdish rebel group PKK on Wednesday warned Turkey of a "mass war" if Ankara's forces enter Iraqi territory to fight its guerillas.

2. "From Iraq, Kurdish PKK warns Turkey and Iran", a senior Turkish Kurd rebel commander on Wednesday threatened to retaliate if Turkey or Iran attacked guerrilla bases inside Iraq.

3. "Suspected Kurdish rebels detonate bomb", a roadside bomb exploded Wednesday as a Turkish military vehicle passed by in a Kurdish area, injuring eight soldiers as well as 11 children playing nearby, officials said.

4. "Turkish soldiers, Kurdish informer on trial over shady bombing", two Turkish soldiers and a Kurdish informer went on trial here Thursday for a bomb attack in the country's volatile southeast as part of an alleged campaign to stir unrest and undermine the government's drive to join the European Union.

5. "American betrayal against Kurds- will the U.S. win Ankara on its anti-Iran coalition?", three years ago, the Turkish American ties were strained by Turkey’s refusal to provide the American invading troops a land corridor to launch their military operation against Iraq from the country’s northern border.

6. "'Reformist PM' Doesn't Quite Get The Reforms!", cases under 301 threaten even ordinary citizens criticizing state practices. Three journalists in prison in Turkey. New Anti-Terror Law could send five more behind the bars. Turkey paid 88,000 USD to the European Court of Human Rights.

7. "Military Court Defies EHCR Rulings", Military Court of Appeals rules ECHR decisions on conscientious objection not abiding for Turkey. Homosexuality is an "advanced psychological disorder" the court says and orders objector Tarhan to serve the military.

8. "Hoshyar Zebari says talks under way to curb Iranian shelling", the Iraqi government is using diplomacy to try to stop Iranian forces from shelling Kurdish rebel positions in the north but does not expect a major incursion by Tehran's ground forces, the foreign minister told parliament on Wednesday.

1. - AFP - "Kurdish rebels warn of 'mass war' against Turkey":

ARBIL / 3 May 2006

The Kurdish rebel group PKK on Wednesday warned Turkey of a "mass war" if Ankara's forces enter Iraqi territory to fight its guerillas.

"We do not want war, but will launch a mass war against Turkey if its forces enter the Iraqi territory," Murad Karialan, chief of Kurdistan Workers' Party' (PKK) executive body told reporters.

He said the PKK can sustain a long drawn military conflict which can be "extended into Turkey in all the ways, be it politically, socially or economically.

"If the Turkish forces enter, that means Ankara is responsible for all the chaos that will hit Turkey," he warned.

The Turkish army said Tuesday it reserves the right to venture into Iraq to pursue Kurdish rebels based there, but denied reports that such operations were already under way.

Turkey has amassed thousands of troops along the border with Iraq for what officials describe as a large-scale effort to prevent increasing infiltrations by PKK rebels based in mountainous hideouts in northern Iraq.

Ankara has long urged Washington and Baghdad to root out the PKK from northern Iraq, but it has been told that violence in other parts of the conflict-torn country is their priority.

The PKK has been fighting Ankara since 1984 when it took up arms for Kurdish self-rule in adjoining southeast Turkey.

On Sunday, Baghdad accused Iranian forces of entering five kilometers (three miles) into Iraq and shelling PKK positions.

For around a year, Iran, which has its own Kurdish minority, has been battling infiltrations by Pejak, a Kurdish group linked to the PKK.

The Kurdish conflict in Turkey has claimed more than 37,000 lives since the PKK launched its armed campaign in 1984.

2. - Reuters - "From Iraq, Kurdish PKK warns Turkey and Iran":

RANIYAH / 3 May 2006 / by Shirko Abdullah

A senior Turkish Kurd rebel commander on Wednesday threatened to retaliate if Turkey or Iran attacked guerrilla bases inside Iraq.

The Kurdistan Workers Party (PKK), based in the far northeast of Iraq, accuses Turkey and Iran of massing forces near their borders with Iraq and mounting coordinated operations against the rebels by troops backed by tanks and artillery.

"If Iran and Turkey continue attacking the bases of the PKK or other Kurdish factions, the PKK will launch a guerrilla war against Turkey because the PKK has forces based in Turkish areas," Murat Karayilan, a senior PKK leader told a news conference in the town of Raniyah.

More than 30,000 people have been killed since the PKK began its fight for a Kurdish homeland in southeast Turkey in 1984. The PKK has in the past launched bomb attacks in Turkish cities and tourist resorts as well as fighting troops in the mountains.

Turkey and Iran are wary of the autonomy Iraqi Kurds have consolidated since the 2003 Iraq war and fear it might lead to more unrest among their own large Kurdish populations.

Iraqi defence officials and the Iraqi Kurdish administration say Iranian forces have twice entered Iraq in the past two weeks to attack Iranian Kurdish rebels allied to the PKK.

U.S. Secretary of State Condoleezza Rice last month tried to ease Turkey's concerns that instability in Iraq was threatening its security, pledging continued support for Ankara's fight against the PKK, branded terrorists by Ankara and Washington.

TURKISH CONCERN

NATO member Turkey has voiced concern that the conflict in Iraq is allowing the PKK to launch more attacks against its forces in the country's southeast, and Foreign Minister Abdullah Gul has urged Washington to help more.

Some 5,000 PKK rebels are believed to be operating out of camps in the mountains of northern Iraq.

In the last two years, the PKK has also fallen foul of Iran as Tehran and Ankara began to implement security cooperation agreements in which the two sides pledged not to support rebels from their neighbour.

PKK violence tapered off following the capture of PKK leader Abdullah Ocalan in 1999. But it has ticked up again since the rebels called off a unilateral ceasefire in 2004.

Karayilan said the PKK was not operating in Iran but noted that its Iranian wing had bases along the Iraqi-Iranian border.

The Iraqi government, already overwhelmed by an insurgency and rising sectarian tensions, has played down the tensions.

"Yes, there were some transgressions. But we don't think that there is a threat or the possibility of major violations," said Iraqi Foreign Minister Hoshiyar Zebari, himself a Kurd.

"This must be solved through diplomatic channels. The Foreign Ministry will try to resolve the issue with the Iranians," he told parliament in Baghdad on Wednesday.

Iraqi Major General Abdul-Aziz Mohammed of the Defence Ministry said on Tuesday the first Iranian incursion was on April 21 and the second on April 26, when troops crossed 5 km (3 miles) inside Iraq and shelled targets.

The PKK said Tehran was retaliating for an ambush raid by its Iranian wing PJAK, which it said killed five Iranian soldiers. Iran on Monday denied reports of the April 21 incident and has yet to comment on the later reports from Iraq.

3. - AP - "Suspected Kurdish rebels detonate bomb":

ANKARA / 3 May 2006 / by Suzan Fraser

A roadside bomb exploded Wednesday as a Turkish military vehicle passed by in a Kurdish area, injuring eight soldiers as well as 11 children playing nearby, officials said.

The vehicle was escorting a school bus carrying soldiers' children but none of those aboard the bus was injured, a statement from the Hakkari governor's office said.

Authorities blamed Kurdish rebels for the bomb, which was detonated by remote control.

The explosion, on a road near military barracks in the city of Hakkari, also wounded two women.

The Hakkari State Hospital said none of the injured were in serious condition and all but two had been discharged by Wednesday evening.

Authorities detained 16 people suspected of involvement in the attack, the governor's office said.

Clashes between soldiers and the rebel Kurdistan Workers' Party, or PKK, have intensified recently.

Turkey's military has boosted its troop presence in the predominantly Kurdish southeast and massed soldiers on Turkey's borders with Iraq and Iran in an effort to prevent rebels who have bases there from infiltrating into Turkey.

The PKK has been battling for autonomy for more than two decades in Turkey's southeast. The clashes have killed some 37,000 people since 1984.

4. - AFP - "Turkish soldiers, Kurdish informer on trial over shady bombing":

VAN / 4 May 2006

Two Turkish soldiers and a Kurdish informer went on trial here Thursday for a bomb attack in the country's volatile southeast as part of an alleged campaign to stir unrest and undermine the government's drive to join the European Union.

The trial in a tiny, packed courthouse in this eastern city is widely seen as a test for Ankara to prove its commitment to the supremacy of law and shed light on rogue elements in the security forces, accused of shady practices in the past during the fight against armed Kurdish rebels.

Tight security was in place for the opening of the trial under the eye of lawmakers, Western rights activists and reporters, most of them left out of the courtroom because of limited space.

The defendants -- gendarmerie sergeants Ali Kaya and Ozcan Ildeniz and Veysel Ates, a former member of the outlawed Kurdistan Workers' Party (PKK) turned informer -- face life imprisonment for the November 9 bombing of a bookstore in Semdinli, in Hakkari province.

They are charged with "committing acts aimed at destroying the unity of the state and the integrity of the country" in addition to murder and forming a criminal organisation.

The attack on the store, which was owned by a former PKK rebel, killed one person and sparked deadly riots in the remote province that abuts Iraq and Iran.

The prosecutor described it as an act of provocation aiming to stir unrest among Kurds, discredit the government and undermine Turkey's EU bid.

Kaya, Ildeniz and Ates, who reportedly threw bombs, were nearly lynched by an angry mob at the site of the blast.

Weapons, hand grenades, a sketch of the bookshop and a list of names, including that of the shopowner, were found in the car the three tried to flee in after the blast.

The bombing was a huge embarassment for the government, which promised to shed light on the incident that occurred just one month after Turkey began membership talks with the EU and was striving to prove its commitment to democracy.

The Semdinli attack also raised questions over whether Turkey had succeded in purging rogue elements from its security forces who were accused of summary executions, extortion, kidnappings and drug smuggling in the mainly Kurdish southeast in the 1990s, at the height of the PKK rebellion.

More than 37,000 people have died since 1984, when the PKK took up arms against Ankara for self-rule in the southeast in a conflict that led to allegations of gross human rights abuses by both sides.

The indictment also called for an investigation into the commander of Turkish land forces, General Yasar Buyukanit, for alleged illegalities in combating the PKK.

The indictment said the army should investigate Buyukanit for setting up a criminal organization and abusing his power during his term as regional commander in the southeast in the 1990s.

It also said the general attempted to influence the judiciary by commenting after the Semdinli blast that he knew one of the accused soldiers as "a good guy."

The army vehemently rejected the allegations and urged the government to punish "those behind this onslaught... aimed at eroding (the credibility of) the Turkish armed forces."

The prosecutor who drew up the indictment was sacked last month by a panel of his peers for having exceeded the limits of his jurisdiction.

5. - Al Jazeera - "American betrayal against Kurds- will the U.S. win Ankara on its anti-Iran coalition?":

3 May 2006

Three years ago, the Turkish American ties were strained by Turkey’s refusal to provide the American invading troops a land corridor to launch their military operation against Iraq from the country’s northern border.

Throwing the blame on Turkish generals, the U.S. decided to start a channel of cooperation with politicians, namely with the Party of Justice and Development (PJD), which has been in power since 2002, according to an editorial on Regnum.

The standoff over Iran’s nuclear program, which reached its peak in recent weeks with repetitive threats from the U.S. and Israeli governments, seems to have its immediate impact on the foreign political stance of Turkey, which the U.S. needs to involve in its anti-Iranian coalition.

Turkey would also be interested in using the current tension to boost its foreign political positions.

The Turkish media described a recent visit by the U.S. Secretary of State Condoleezza Rice to the country, which officials in the Turkish government said was very fruitful, as “a new page in the history of bilateral relations.”

The visit, which embodies many dimensions, carries a huge importance not only to ties between Washington and Turkey but also relations with Iraq, Iran and the U.S.

It was indeed a good chance for Turkey to try and mend its relations with Washington, particularly, over Iran and the Kurdish rebels, the editorial said, adding that the Iranian nuclear crisis made Turkey’s generals relevant again, referring to Pentagon officials' frequent visits to Turkey since December 2005. The Turkish generals started ever since to bring back their strong influence over the country’s politics.

In a March 2006 visit to Turkey, General Peter Pace, Chairman of the U.S. Chiefs of Staff, who met with Chief of Turkey’s General Staff, General Hilmi Ozkok and Prime Minister Recep Erdogan, discussed the Iranian issue, PKK, as well as the internal political situation in Iraq.

During her visit to Turkey, Rice, who met with President Ahmed Necet Sezer, Prime Minister Recep Erdogan, Foreign Minister Abdullah Gul, as well as a number of top officials at the Turkish government, reached an agreement on a Common Strategic Vision.

Rice referred to Turkey as the U.S.’ key partner, which implies that the relations between the two states are back to normal.

The draft Turkish officials and the U.S. Secretary of States agreed upon included fighting terrorism, relations with the EU, a big Middle East project and addenda concerning Cyprus, PKK, Iran, Iraq, the Middle East peace process and relations with Russia, Regnum article stated.

It’s noteworthy that Washington has a similar document only with India.

According to reports circulated among Turkish media, the U.S. had in the past few years provided the Turkish armed forces with information, mainly about PKK.

During her visit, Rice did not give a direct approval to Turkey’s request to attack PKK’s positions in Northern Iraq or to let it do it itself, however, she hinted that the U.S. may close its eyes on any Turkish military operation in Iraq’s northern section.

It’s been also revealed that while the U.S. diplomat was in Turkey, the Turkish armed forces launched some military operations there, so one may say that the Bush admin has given Ankara a sanction to it.

It’s also noteworthy that during Rice’s visit to Ankara, Turkey, who seeks curbing the Kurds’ activities in its south-eastern regions launched a massive anti-Kurdish military campaign, but it tried to “legitimize” its action, fearing Europe’s anger.

Provoking Kurdish fighters into counter-action, Turkey repeated a similar campaign launched by the ousted Iraqi leader Saddam Hussein against the Kurds during his rule. It had been allowed by the U.S. to track fighters down to Northern Iraq and defeat them there.

Turkey has fought Kurdistan Workers' Party (PKK) for more than a decade, losing more than 35,000 citizens to its attacks.

Claiming it was informed that PKK fighters in Khaftanin and Metina (Northern Iraq) were planning to infiltrate into the Turkish territory, the Turkish army launched on Apr 26-27 night a preventive attack, defeating its "enemy" following it into the Northern Iraqi territory.

Turkish soldiers liquidated the covers of the Kurds.

Trying to “calm down” the Iraqi authorities, the U.S. Secretary of State claimed that Turkey never attempted to cause any damage to Iraq, but was rather targeting the PKK bases.

Ms. Rice gave consent to Turkey’s operation in Northern Iraq. It was simply the result of a trade.

Turkish Foreign Minister Abdullah Gul admitted that Turkish troops had violated the Turkish-Iraqi border but said that “the destruction of PKK fighters in the territory of Northern Iraq is good for Baghdad too.”

“For as long as Iraq is unable to guard its own borders, we’ll do it ourselves,” Gul said, implying how confident Turkey is in this matter.

It seems that the U.S. has not only agreed to but also guaranteed Turkey’s actions.

To sum up, Rice’s visit to Ankara showed that the U.S. is piling the pressure on Ankara to prevent the recurrence of the March 2003 events.

According to confidential information, the U.S. Secretary of State has directly asked the Turkish government to state “who is it with: with the U.S. or Iran?”

Although Turkish officials are adopting an ambiguous attitude, giving no specific promises to Washington, secret talks with the DS and Pentagon and earlier this year with Tel Aviv, shows that Turkey might well join the U.S. and Israel in their campaign against Iran.

6. - Bianet - "'Reformist PM' Doesn't Quite Get The Reforms!":

Cases under 301 threaten even ordinary citizens criticizing state practices. Three journalists in prison in Turkey. New Anti-Terror Law could send five more behind the bars. Turkey paid 88,000 USD to the European Court of Human Rights.

ISTANBUL / 3 May 2006 / by Erol Onderoglu

Despite saying the first three months of 2006 was the product of Ankara's determination in meeting the Copenhagen Criteria and that even if Turkey was not accepted as a member of the European Union it would continue with the "judicial reform" under its own "Ankara Criteria", a glance at the past year shows intellectuals, writers and citizens wishing to use their freedom of expression in the country are far behind their European counterparts.

A series of cases launched under article 301 of the Turkish Penal Code last year for criticism of state institutions have started to show their bitter results in the first three months of 2006:

Since June 1, 2005, more than 40 journalists, writers, activists, lecturers and unionists have come face to face with 301 cases that have recently led to the conviction of journalist Sabri Ejder Ozic, human rights activist Eren Keskin and unionists Hanefi Bekmezci and Huseyin Ser.

Last year, Emin Karaca, Burak Bekdil, Aziz Ozer, Erkan Akay and writer Zulkuf Kisanak were also convicted under the same article.

"Societies cannot advance under compensation threat"

Criticising "Turkisism" or state institutions such as the police and military, covering daily developments on human rights issues such as torture and extra-judicial killings, or debate on historical developments continue to create problems in the country.

An example to this is the prosecution of Professor Dr. Ibrahim Kaboglu, the former head of the Human Rights Advisory Board of the Prime Ministry (BIHDK), and board member Professor Doctor Baskin Oran for publishing their Minority Rights and Cultural Rights Working Group Report. Both have been accused of "dangerous incitement of public hatred and enmity" and "public humiliation of the court's authority".

Another example of intolerance is Prime Minister Recep Tayyip Erdogan's determination to take people of opinion to courts despite four such attempts backfiring and taking no heed of the European Council Advisory Decisions that calls upon politicians to be open to heavy criticism.

The Prime Minister has lost the suit for damages he launched against the Gunluk Evrensel (Daily Universal) newspaper related to SEKA workers and had his case against the Penguen magazine that published cartoons under the title "The Universe of Tayyips" rejected. Even Ankara's 1st Court of First Instance judge Beyhan Azman said in the public detailed verdict on the cartoons dismissing Erdogan's charges that "societies cannot advance with scientists, artists, writers and cartoonists being silenced by the weapon of compensation". But the Prime Minister has appealed against this verdict.

Reformist Government Now Against Reforms

Concerns with regard to possible consequences were voiced by various circles including professional press organisations well in advance of the new Penal Code going into force. On top of these, same members of the government that had urgently wanted to amend the Code to "expand freedoms" are now attempting to bring regulations in force that will restrict the freedom of expression.

The Prime Minister himself has filed a suit for damages demanding 10,000 YTL each from the Gunluk Evrensel newspaper and its writer Yucel Sarpdere for publishing the the song "We walked these roads together" after changing its lyrics. He is demanding 20,000 YTL each in a suit for damages against the daily Cumhuriyet (Republic) newspaper and its writer Ilhan Selcuk for covering statements made by main opposition Republic Peoples Party (CHP) parliamentary acting group chairman Haluk Koc with regard to his private assets. He is also suing Birgun (One Day) newspaper writer Erbil Tusalp for 10,000 YTL for criticising a case launched against Rector Professor Dr. Yucel Askin.

This approach by Erdogan has even led to a court case demanding two years imprisonment for farmer Mustafa Kemal Oncel who, during a public appearance, called out to the Prime Minister saying "farmers are bleeding, how can you show your face here?" Erdogan had asked the farmer to approach him and after insulting him had told him off saying "go and take your mother with you".

301 Cases on the Streets

The "Media Freedom and Independent Journalism Monitoring and News Network" (BIA2) project, has published its three month Media Observation report on May 3 coinciding with the World Press Freedom Day, stressing that article 301 of the Turkish Penal Code now threatens even ordinary citizens who criticize state institutions.

The report, covering the January-February-March 2006 period, reveals that cases launched under article 301 have threatened not only people expressing their opinions but even ordinary citizens on the streets who have criticised practices enforced by state institutions and they too are now face to face with imprisonment.

A most recent example of this cited in the 11-page report on the conditions of 84 journalists, publishers and activists on trial and reflecting the trials and struggles in 50 cases and the freedom of expression conditions of 148 individuals, is an incident in Istanbul involving business operators.

A case launched under article 301 of the Penal Code against nine business operators who in Istanbul's Kumkapi district hanged placards on their work places protesting the police, resulted with an acquittal for the suspects in its first hearing on March 24. Istanbul's 2nd Criminal Court of Peace decided not to hear two of the defendants who were not present at the hearing and acquitted the businessmen.

The defendants, operating businesses such as restaurants, bar and discos that provide alcohol to clients hanged placards on the walls of their businesses on November 24, 2005, saying "We have closed down our business for a day due to the practices and pressures of the police conducting arbitrary controls against the law" which was enough to charge them on 301.

How was Ilyas Aktas Killed?

In the first three months of 2006, a total of 5 journalists and two newspaper facilities were attacked, one free-lance reporter working for the Devrimci Demokrasi (Revolutionary Democracy) newspaper was wounded by gun fire and died two weeks later.

Demonstrators in Batman protesting the incidents in Diyarbakir at the end of March staged an attack on journalist Nizamettin Izgi's "Batman" newspaper. The Sonsoz Printing Works where the news department was based, were damaged.

Dicle News Agency (DIHA) reporter Sakir Uygur who was covering the incidents in Diyarbakir sparked off during a March 30 funeral ceremony, was shot and wounded in the foot as result of police opening fire.

Ilyas Aktas, a reporter for the Devrimci Demokrasi newspaper, was severely injured when fired upon during the same incidents too. Relatives later said police officers had opened fire from the other side of the road but the journalist died two weeks later while in intensive care.

Recalling that the last journalist death was recorded in Ankara in 1999 with the assassination of Ahmet Taner Kislali, the BIA² Media Observation Desk wants officials to investigate the exact conditions in which Aktas was shot and for the results to be revealed.

Journalist Detentions

In the first three months of 2006, one journalist was detained, two reporters detained and put in prison while 3 journalists were still behind iron bars.

"Sabah" newspaper writer Mahmut Ovur was placed under custody on the morning of February 1 at around 0530 while staying in a hotel in Ankara due to a lack of communication between court officials and the police. Two police officers informed Ovur there was "an arrest warrant for him" and took him to the East Police Station and later to the Ankara Security Directorate Public Order Branch where he was informed he was being searched for under a libel case launched years ago when he was the editor of Kanal 6 (Channel 6). It turned out, however, the journalist was detained because the court had failed to inform the police that the case had resulted with an acquittal.

The Press Council, which on March 27 released its "Report on Persons in Prison in the Capacity of Journalists" as of January 1, 2006 stated there were three individuals in Turkey who were in prison in the capacity of journalism. The Press Council identified these individuals as "Isci Koylu" magazine Editor Baris Acikel, "Mavi" (Blue) and "Kent" (City) newspapers editor Cengiz Dogan and "Isci Koylu" newspaper Editor-in-Chief Memik Horuz held at the Kocaeli Number 2 F-type prison.

Memik Horuz who is on the "Journalists in Prison" list of Reporters without Frontiers (RSF) and the Press Council may be released from prison in January 2007. "Isci Koylu" (Worker Peasent) magazine Editor-in-Chief Horoz was sentenced to 15 years imprisonment for membership to the Workers-Peasents Liberation Army of Turkey (TIKKO) organisation. His case is to be reviewed under the new Turkish Penal Code Number 5237 after fulfilling his minimum prison sentence period before conditional release under the old Penal Code.

In addition to these, DIHA reporters Evrim Dengiz and Nesrin Yazar were detained in Mersin on February 15 while covering protests held to mark the 7th anniversary of Kurdistan Workers Party (PKK) leader Abdullah Ocalan's capture in Kenya and transfer to Turkey. The journalists were then arrested under article 302/1 of the Penal Code charged with "separating a part of land from under the sovereignty of the state through force" on February 18 and placed in the Mersin E-type prison.

Good news from courts too

But there was also good news from courts under the practical application of the Turkish Penal Code in 2006.

The case against Sol (Left) magazine writer, retired captain Murat Papuc, for his 1999 book "Abandoning the guard duty on the painted bench" on grounds of openly insulting the armed forces was dismissed due to statue of limitations.

Egitim-Sen Tunceli Branch chairman Hanefi Bekmezci was acquitted in a case against him for condemning the internal exile of 12 public workers and the controversial Semdinli incidents.

EMEP Hozat district chairman Erdem Ulas Celik was acquitted on charged of displaying a photograph of Deniz Gezmis on the party building window.

Istanbul's Kucukcekmece Republic Prosecutor's Office decided on a dismissal of proceedings against journalist Hirant Dink for an interview he gave to the Star newspaper which was subject to a complaint by the Jurists Union.

The Beyoglu Republic Prosecutor's Office meanwhile, concluded its investigation against Turkey-EU Joint Parliamentary Commission Co-Chair Joost Lagendijk deciding on a dismissal of proceedings. The investigation was started on a complaint made by attorney Kemal Kerincsiz.

216 still a problem, military court era not over

The practical application of article 216 of the new Penal Code which is an amended version of former article 312 that was used to punish "hatred and enmity" offences is still a matter of complaint.

Yeni Asya (New Asia) newspaper writer Sami Cebeci was sentenced to 15 months imprisonment for two articles on the August 17 earthquake branding the occurrence as a "holy warning".

Furthermore, despite accession talks with the EU, civilians in Turkey can still be put on trial in military courts.

If the military prosecutor does not object for the second time, the case against journalist Abdurrahman Dilipak who authored an article titled "When the Pasha's don't listen" in the "Friday in Turkey" magazine will finally be heard at a civilian court.

TMY prison threat for five

The government's new Anti-Terror Law (TMY) devised to strengthen the hand of security forces in their counter-terrorism efforts has fallen under heavy criticism from various professional organisations.

Journalist Ertugrul Mavioglu who debated the topic of the September 12, 1980 military coup on ATV Television's "Siyaset Meydani" (Political Arena) as well as the program's announced Ali Kirca were acquitted on February 7 on charges of insulting judge Orhan Karadeniz and violating the TMY.

Prosecutors are demanding five years each for Nese Duzel of the Radikal (Radical) newspaper for her interview titled "Ocalan will be freed one day" and Democratic Society Party (DTP) founding member Orhan Dogan who she interviewed.

Hurriyet newspaper reporter Sebati Karakurt who interviewed militants of the Kongra-Gel organisation on Kandil Mountain and published it as a news report together with responsible editors Necdet Tatlican and Hasan Kilic are still on trial under the TMY.

"Court Interventions" continue

Last year alone 17 journalists in Turkey faced charges of "intervening in court proceedings" through reports they filed although some of these cases led to acquittal.

On March 23 the Bagcilar Public Prosecutor's Office launched a case against "Radikal" (Radical) newspaper reporter Ismail Saymaz for "interpreting legal proceedings" by publishing a doctor's report while voicing allegations of torture of children. Editor Hasan Çakkalkurt ve Publications Manager Ismet Berkan will also appear at Court on June 8, alongside Saymaz, to be tried under article 19 of the Press Law.

115.730 YTL compensation to ECHR cases

European Court of Human Rights cases against Turkey concluded in the first three months of 2006 have cost the country a total of 115.730 YTL (80,464 Euro) in compensation for journalist killings, freedom of expression violations and judicial proceedings related to these.

More important was that the ECHR verdicts convicted practices such as the past State of Emergency Law, the State Security Courts, the Law on Meetings and Demonstrations, the TMY and the Law to Protect Ataturk.

7. - Bianet - "Military Court Defies EHCR Rulings":

Military Court of Appeals rules ECHR decisions on conscientious objection not abiding for Turkey. Homosexuality is an "advanced psychological disorder" the court says and orders objector Tarhan to serve the military.

ISTANBUL / 3 May 2006 / by Tolga Korkut

Conscientious objector Mehmet Tarhan will have to do his compulsory military service according to the final conclusive decision of a special interdepartmental council of Turkey's Military Court of Appeals.

The Turkish daily Milliyet newspaper reported that the military court detailed verdict says European Court of Human Rights decisions on conscientious objection are not abiding for any individual country and homosexuality itself must be regarded as a psychological disorder.

Tarhan, 27, first voiced his conscientious objection to military service in October 2001.

"I think that wars caused by power-mongering states are first and foremost a violation of the right to life," he said at a press conference in Ankara. "The violation of the right to life is a crime against humanity... I therefore declare that I won't be an agent of such crime under any circumstances. I will not serve any military apparatus," he said.

Since then he has been detained twice, first on 8 April 2005 for two months and again upon his release in June. On both occasions he was held in Sivas for refusing military service. Tried on 10 August last year, he was given a prison sentence of two years for each charge of insubordination, totalling to four years.

"I... refuse to be transformed into a murder machine by taking a course in dying and killing," Tarhan told a court in his defence in August 2004.

The Military Court detailed verdict on Tarhan rules, however, that no matter his views, he will have to accept serving the military, for him a 15 month compulsory recruitment period.

Last November the Appeals Court had overturned Tarhan's prison sentence on grounds that it was disproportionately high and therefore unfair, but its final written recommendation that his homosexuality should be identified by "proper physical examination procedures" was never realised.

In its detailed final decision, the Court of Appeals referred to Tarhan refusing to undergo physical examination to establish his homosexuality and said that under these circumstances, the correct course of action would not be a forced examination, but recruiting him into military service.

The Milliyet report also said the verdict used the term "advanced stage of psychological disorder" in describing homosexuality.

The decision argued that where Tarhan was not serving in the military his commander could not know whether he was a homosexual and "because of these reasons, Tarhan cannot be held exempt from military service".

Tarhan's case

Mehmet Tarhan made a press statement and announced that he is a conscientious objector on October 27, 2001. He said he would not kill, he would not die and thus would not become anyone's soldier. Tarhan is a homosexual and views the medical certificate deeming him "disabled" as evidence that in fact the state itself is disabled.

Because Turkey doesn't recognize the status of "conscientious objector," Mehmet was legally seen as a deserter. But Turkey's policy of "ignoring" some 70 people, who have announced being conscientious objectors, changed on April 8, 2005.

In the 15-year-old history of conscientious objection in Turkey, three people have been charged with this offence. All three of them were released at different stages of different trial procedures. Although their addresses were known, none of the conscientious objectors were recalled to the army. This issue is Turkey's weakness. The state would never dare to let the conscientious objectors trigger a debate about the military or military service, which are both taboos in Turkey.

On April 8, when Mehmet refused to sign any documents at the Izmir Military Recruitment Office, the deadlocked bureaucracy let the incoherent legal system solve the problem. Mehmet was first transferred to the military corps in Tokat, then to the Sivas Military Jail. The course of his life sentence was thus drawn out.

Although Mehmet repeated on a number of occasions that he is a conscientious objector, he was charged with "insisting on disobeying orders in front of assembled recruits." He was attacked by prisoners who were provoked by the prison administration, he was blackmailed and threatened. Although he openly stated he is a homosexual, he was forced to undergo physical examinations.

Ten soldiers kicked and stamped him, and cut his hair and beard. He was locked into a solitary confinement cell. He began self-mutilation and a hunger strike to protest against discrimination and bad treatment. He also demanded that his conditions be improved.

He stood the third hearing of his trial on June 9. He was released pending the outcome. Because he was persistently referred to as a "soldier" he was sent again to the Military Recruitment Office, then to the corps, and then to prison. He ended his hunger strike after 28 days when some of his demands were met. But a day before his hearing on July 12, his hair and beard was forcibly cut again.

8. - AP - "Hoshyar Zebari says talks under way to curb Iranian shelling":

BAGHDAD / 4 May 2006

The Iraqi government is using diplomacy to try to stop Iranian forces from shelling Kurdish rebel positions in the north but does not expect a major incursion by Tehran's ground forces, the foreign minister told parliament on Wednesday.

Hoshyar Zebari, who is a Kurd, made the comment in response to demands by some Kurdish legislators for a strong statement against Iranian attacks against border camps operated by Iranian Kurdish rebels linked to the Kurdistan Workers' Party, or PKK.

"The Iraqi government is making necessary contacts with the countries concerned and with international sides," Zebari said. "There were some violations, but we do not think that there is a present threat or possibility of major incursion."

He said there were so "sticky issues and problems" but that the border attacks "should be handled through diplomatic means."

Iranian forces fired artillery across the border, north of Sulaimaniyah on Sunday and Monday, causing no casualties but forcing some families to move, according to Iraqi Kurdish officials.

Rebels seeking self-rule in Kurdish areas of Iran operate from Iraqi territory and have been active recently, mounting attacks against Iranian army and Revolutionary Guard posts.

Turkey last month deployed more than 30,000 additional troops in its predominantly Kurdish southeast and along its rugged border with Iraq and Iran to fight the Kurdish guerrillas and stop them from crossing the frontier.

That came after Kurdish rebels reportedly killed two Turkish soldiers and wounded a third in a grenade attack on a military outpost, raising the number of Turkish troops killed this year to at least 17.