We are Concerned About Recent Incidents in Şırnak Area

Recent incidents and serious human rights violations in the provinces of Şırnak, Siirt and Hakkari, which have been declared by military bureaucracy as High Security Zone or de facto State of Emergency (OHAL), cause us more concern day by day.

There are a few sine qua non components of democracy regarding with elections. These components are; reflection of voters’ will freely in election, a democratic election process without interventions. On the other hand there are serious allegations against security forces. According to these allegations; in recent days security forces conduct often raids to villages particularly in Şırnak area. Moreover, security forces threaten people in the villages about not voting for independent candidates for the parliament. These are very serious allegations. Therefore, officials should make a statement about allegations without delay.

A bomb, which was put near to house and route of Beytüşşebap’s Mayor, has revealed a possible assassination attempt. If one of our citizens had not recognized the bomb mechanism, a violation of right to life could have been occurred. There are some questions, which should be answered without delay, as well as points that should be clarified. If the allegation, which argues that public prosecutor has not gone scene immediately, is true an investigation should be conducted for inconsideration of duty. Law rules and same principles should be valid in every part of a state governed by the rule of law. The uttermost point is that protection of all rights and freedoms, especially right to life, for everyone without exception is an essential mission.

As Human Rights Association (IHD) we are against any kind of attempts, which might harm social peace atmosphere and arouse violence and conflict circumstances. There have been serious human rights violations, especially right to life, that are identified as crime against humanity and will be never forgotten from our memory, in recent years. Darkness of the past has not been clarified yet and we are aware of that new chaotic scenarios will harm our people. We condemn assassination that seems to be against Mayor of Beytüşşebap, Mr. Faik Dursun, who has been elected via vote of people. We state that we will pursue of the process until those, who are responsible, will be tried in court.

Reyhan YALÇINDAĞ, lawyer

President

 

23.10.2007

Report on Social Incidents in Bursa by Human Rights Association (IHD)

The ongoing tension in all over the Turkey, because death of 12 soldiers in the conflict at the night of 21^st October (Sunday) in Dağlıca district-Hakkari province, is increasing in Bursa. Violence inclination, in the 2 days demonstrations in Bursa, against tradesmen and Kurds, which shown as target, is becoming dangerous.

In the ongoing demonstrations and meetings; tradesmen are targeted, stones are thrown at buildings and people are being lynched. The following incidents give a general picture of the last 2 days in Bursa;

• Many political parties-especially Democratic Society Party (DTP)-and NGOs were targeted in demonstrations, which started at 10.30 and continued at midnight on 21^st October, in Bursa. About 1000 people threw stone at the building of DTP. Moreover, people demounted the outdoor sign of DTP and attempted to set the building on fire.
• Students from high schools, secondary schools and even primary schools, are taken out of school and go around the city shouting racist slogans, with the participation of some teachers.
• The home of Öykü Evren who lives below the DTP headquarters was wrecked.
• A group of around a thousand people gathered in front of the building of the Basic Rights and Freedoms Association. First they besieged eleven people in the building, and then they attacked the building and injured one person.
• At the so-called Muhacir market [market of Balkan Turk immigrants], the workplaces of Kurdish traders were attacked. Because it was a Sunday, there was only material damage.
• Celal Hanbayat, the association head of the Association of People from Tunceli in Bursa was called and threatened with death. He was told that his workplace would be burned down.
• People are being forced to hang flags out at workplaces, in minibuses used for public transport and in private cars. People who do not comply are threatened, sworn at and harassed.
• Zeynep Dirik was harassed by a canteen owner when he heard her speak Kurdish; she was sworn at and insulted.

These incidents continued till morning in some districts such as Mustafa Kemal Paşa, Orhangazi, Gemlik, Yenişehir etc… in Bursa.

• A coffee house in the Mustafa Kemal Paşa district of Bursa, which many Kurds frequent, was surrounded and attacked by nationalists; those sitting in the cafe were not allowed to go home. About 1500 people went around the district and attacked houses and work places of Kurdish people. Weapons were used. Felemez Turgay and Ahmet Tokay were injured.
• The house of Kurdish citizen Abdurrahman Adam was set on fire.
• The windows of Seyfettin Adam‘s house and workplace were broken.
• Siege and tension still continue in Fevzidede and Atariye neighbourhoods.

Nationalist people come to the city centre of Mustafa Kemal Paşa district from other cities and districts that are close to the district.

We called the Police Department in Bursa province, regarding with these social incidents, but the officials denied these incidents. In addition that, we could not reach to the Police Department in Mustafa Kemal Paşa district.

Some local people inform that Gendarmerie and Police officials in Gemlik district and Kumla town told people that they (officials) would be tolerant towards demonstrators and made easier circumstances for their demonstrations.

As it is understood from the abovementioned incidents; these incidents are worrisome. Brotherhood Bridge between people is being destroyed through racist chauvinist trend.

HUMAN RIGHTS ASSOCIATION BRANCH in BURSA

11 June 2008

PRESS STATEMENT

(We are waiting for the answer to the question: Isn’t Kurdish free in this country?)

Although Anatolia is a multi-linguistic, multi-cultural, and multi-religious community, practices  in Turkey reject multi-culturalism and multi-linguism and every passing day,  bans are given legitimacy. Despite the fact that law numbered 2932 banning Kurdish language was abolished  in 1991, practices that are against the law and the legislation are still continuing.  

On May 23, each of the two Kurdish citizens in a leisure park in Konya were imposed a fine of 62 YTL on the allegation that they were “making noise” speaking in Kurdish on the mobile phone with their families.

A university student in Erzurum was detained because he was reading the daily paper “Azadiya Welat”, and [therefore] he was dismissed de-facto from school. The school and dormitory administrations accompanied him when he was being discharged –in the format of lynching- from the dormitory; and he was told that he could no longer accommodate himself in the town, so he should leave immediately.

In many prisons in Diyarbakır and the region, delivery of the Kurdish paper “Azadiya Welat” by the prison administration to many inmates is on arbitrary basis. The right of these citizens for information has been confiscated and also, “Freedom of Press” enshrined in article 3 of Press Law no 5187 published in the Official Gazette of 24 June 2004, has been clearly violated.

Article 3 of the Press Law says “The Press is free. This freedom encompassesright to have access to, disseminate, criticize, interpret information and create works.” which clearly indicates that distribution of the paper can not be prevented.

Along with the EU process, political representatives in our country continuously have been saying that many legislative amendments have taken place; however, in the recent years, almost everyday, rights have been stepped on. Speaking Kurdish language, reading a Kurdish paper, publishing a Kurdish paper, news in Kurdish are practices that are continuously curbed.

Article 22 of the Press law entitled, “Prevention, Destruction and Distortion of Printed works” says “…will be given imprisonment penalty up to one year and imposed heavy fine from one to five billion Liras.”

However, for so long now, access to Kurdish daily paper “Azadiya Welat” from within many prisons in Turkey is being prevented; and no investigations have been launched against those who perpetrate these arbitrary practices, and people are being deprived from having access to information and news in their mother tongues.

In such a case, the grievance is both for the reader and the paper; and the legitimate rights of (both real and legal) persons are being violated. 

Article 28 of the Constitution of the Republic of Turkey regulates Freedom of Press. It says,– “The press is free, and shall not be censored. The establishment of a printing house shall not be subject to prior permission and to the deposit of a financial guarantee. The State shall take the necessary measures to ensure the freedom of the press and freedom of information.”

Again it is the same article, laying down the conditions applicable to prohibition. In fact, it is incomprehensible that a prevention is made without the decision of a judge.     

Article 29 of the Constitution says that the publication of periodicals or non-periodicals shall not be subject to prior authorization but only to notification.

The editor and honorary owner of Azadiya Welat -Vedat Kurşun- has been kept under arrest for quite a long time due to the news he prepared. At the end of the trial, he was imprisoned for a term of 3 years 11 months for making the propaganda of the organization via the news he prepared.

We know it very well that the penalty imposed on Kurşun, editor and honorary owner of Azadiya Welat, being the only daily printed in Kurdish language in Turkey, has actually been imposed on the Kurdish language. We also know it very well that dismissal of students from universities, their dormitories as well as the prevention of Kurdish papers into prisons, are again stemming from the Kurdish language.We consider it a severe human right violation that access to information is curbed, and demand that the restrictions on the Kurdish language be immediately eliminated; thereby,requirements stemming from being a democratic country be fulfilled. 

Head of Branch

Muharrem ERBEY, Attorney at Law

INVESTIGATIONS, COURT CASES and CONVICTIONS

AGAINST KURDISH LANGUAGE (January2006-29^th June 2007)

1. Due the investigation, which had been opened because reason of using “W” letter in the application and banner for Newroz demonstration of 2006; Mr. Dalhan Kaya, Chairman of DTP (Democratic Society Party) in Doğubeyazıt district- Ağrı Province of Southeast region of Turkey, was punished. The sentence was transformed into 200 YTL (New Turkish Lira) fine. (28 December 2006, Toplumsal Demokrasi “Social Democracy Newspaper”)
2. An investigation was opened against Mr. Faik Dursun, Mayor of Beytüşşebap (Şırnak Province), and municipality parliamentary members by reason that they had entitled streets with Kurdish names through decision of Municipality Parliament. The investigation was opened by Beytüşebap Administrative Office. (8 December 2006/Diyarbakır Söz)
3. An investigation was opened against Mr. Abdullah İnce (Provincial Chairman of DTP), Mr. Deniz Yıldız (Chairman of Şahinbey District, Gaziantep), Mr. Erdal Usluer (Provincial Board Member) by reason that they had spoken in Kurdish in the opening meeting of DTP District Building, on 26^th February 2006, in Şahinbey District of Gaziantep Province. (5 March 2006, Ülkede Özgür Gündem “Free Agenda in the Country”)
4. By reason of shouting Kurdish slogans and singing Kurdish songs in 1^st Ordinary General Meeting (which was held on 11^th May 2003 and in Manolya Bakery) of DEHAP Provincial Branch of Bitlis-city in Southeast region of Turkey-the organizing committee members; Mr. Mehmet Salih Yalçınkaya, Mr. Gürcü Araz, Mr. Enver Kurtuluş, Mr. Şahin Çoban, Mr. Celalettin İlbar, Mr. Abdurrahman Eren and Mr. Mehmet Can Demir were sentenced to 6 months imprisonment. They were charged with Numbered 2820 Article, which is about “violating law on Political Parties”. The court case was held by Criminal Court of Bitlis. (29 April 2006, Free Agenda in the Country)
5. An investigation was opened against Mr. Abdullah Demirbaş, Mayor of Sur Municipality in Diyarbakır Province, southeast region of Turkey, because of the allegations that he performed a marriage ceremony in Kurdish. (11 April 2006, Diyarbakır Söz Newspaper),
6. An investigation was opened against Mr.Selim Sadak (member of founding committee of DTP), Mr. Halim Dağ (Provincial Board Member of Mardin Province) and Mr. Cebrail Sayar (Vice Chairman of DTP Mardin) by reason that they had spoken in Kurdish in the opening meeting of DTP District Organization in Nusaybin, Mardin in 23 April 2006. (14 May 2006, Free Agenda in the Country)
7. A court case was started against Mr. Murat Avcı (Provincial Chairman of DTP in Siirt) since they had used “W” letter in the invitations, by DTP Provincial Organization in Siirt, for Newroz Festive. (2 June 2006, Free Agenda in the Country)
8. An investigation was opened Mr. Emrullah Cin (Mayor of Viranşehir Municipality in Şanlıurfa Province) by reason of preparing bulletin, about activities by the municipality, in Turkish and Kurdish. (9 July 2006, Free Agenda in the Country)
9. A court case was started against 7 people including Mr. Aydın Budak (Mayor of Cizre Municipality) by reason of using “W” letter and shouting the slogan “Damn those who block the Peace” in Newroz Festive that held in 21 March 2006 in Cizre District, Şırnak Province. (9 July 2006, Free Agenda in the Country)
10. 76 students, who subjected to an investigation, were rusticated and dismissed from Van University since they had danced in Kurdish songs during the spring student festival in 100. Yıl University of Van. (Van Branch of IHD, Human Rights Association)
11. Mr. Yusuf Öztürk, who is a driver and works from Islahiye to Altınüzüm districts in Gaziantep Province, stated that “he was punished with fine (664 YTL) and his vehicle was prohibited from working for 15 days since a sergeant had mad a complaint against him for playing Kurdish song in the trip.” (11 October 2006, Free Agenda in the Country)
12. A court case was started against Mr. Habip Sağnıç by reason of joining “2^nd Nemrut Festival”, which was held in 14 August 2005 and organized by DEHAP Provincial Organization, and reading a poem “Ez Kime” by Cigerxwin. The festival is organized in every year. (30 November 2006, Social Democracy)
13. An investigation was opened against Mr. Abdullah Demirbaş (Mayor of Sur Municipality) since he had a Kurdish software by engineers to use in his computer. The investigation was opened by Chief Public Prosecutor’s Office in Diyarbakır. (29 November 2006, Güneydoğu Ekspres, Southeast Express)
14. A court case was opened, against Sur Municipality in Diyarbakır, by Ministry of Interior Affairs. The court case was opened because of the “Book on Play and Handmade”, which published in Kurdish and Turkish for children. (16 November 2006, Free Agenda in the Country)
15. In 16 January 2006; Ms. Sevinç Bozan, who is the headmaster of a Kurdish Language Course in Kızıltepe District of Mardin Province, was punished to fine by reason of putting Kurdish poster without permission. (DİHA, Dicle News Agency)
16. Two inspectors from Ministry of Interior Affairs opened an investigation against the decision about Kurdish software “Ubuntu” by Sur Municipality. (09 January 2006, DİHA)
17. A court case was opened against Mr. Osman Baydemir (Mayor of Diyarbakır Metropolitan Municipality) by reason of posting greetings cards, in Kurdish sentences as “Happy New Year”, to TBMM (Turkish Grand National Assembly) on the occasion of New Year’s Day. (3 November 2006, Radikal Newspaper). The trial is still going on. The court case was opened in accordance with TCK (Turkish Penal Code) 222/1; the Article Numbered 1355, which is about “violating law on Turkish Letters”. The trial is being held by 2^nd Criminal Court of Peace of Diyarbakır. The file number is: E.06/524. (Law office of Diyarbakır Metropolitan Municipality)
18. The subject of investigation file numbered 2006/10775 by Chief Public Prosecutor’s Office in Diyarbakır is: posting invitation cards, which was in Kurdish-Turkish, for 6^th Festival to the chief public prosecutor’s office. (Law office of Diyarbakır Metropolitan Municipality)
19. An investigation was opened against Mr. Osman Baydemir (Mayor of Diyarbakır Metropolitan Municipality), because of mainly using Kurdish in an invitation card which was written in English, Turkish, Armenian and Kurdish, by Chief Public Prosecutor’s Office in Diyarbakır. (17 January 2007, DİHA)
20. In accordance with decision, dated 09.01.2007 and numbered 20/21-07, by Ministry of Interior Affairs’ Inspectorship; Mr. Osman Baydemir (Mayor of Diyarbakır Metropolitan Municipality) submitted an advocacy about Kurdish version of Municipality’s Web site. (Law office of Diyarbakır Metropolitan Municipality)
21. Mr. Osman Baydemir (Mayor of Diyarbakır Metropolitan Municipality) submitted a written advocacy, to Ministry of Interior Affairs, for booklet of Kurdish Children names. (Law office of Diyarbakır Metropolitan Municipality)
22. Mr. Osman Baydemir (Mayor of Diyarbakır Metropolitan Municipality) and Ms. Yurdusev Özsökmenler (Mayor of Bağlar Municipality, Diyarbakır) submitted a written advocacy, to Ministry of Interior Affairs, for distribution of brochure in Kurdish on “Children Camp in July”. (Law office of Diyarbakır Metropolitan Municipality)
23. An investigation was opened against Mr. Fırat Anlı (Mayor of Yenişehir Municipality, Diyarbakır) since he had prepared Kurdish invitation card for “Festival of Youth Culture and Sports” and greeting card for Festive. (11 January 2007, Cumhuriyet Newspaper, Republic Newspaper)
24. An investigation was opened against Sur Municipality in Diyarbakır, which made decision in its parliament about providing “Multi language Services in the Municipality”, by Ministry of Interior Affairs and Chief Public Prosecutor’s Office in Diyarbakır. (10 January 2007, Diyarbakır Olay Newspaper)
25. An investigation was opened against Ms. Zeynep Bilge by reason reading Kurdish poem in the 1^st Ordinary General Meeting of Provincial Youth Parliament of DTP Mardin. (22 February 2007, Gündem Newspaper, Agenda Newspaper)
26. An investigation was opened against Sur Municipality in Diyarbakır by reason of putting poster, in Turkish and Kurdish’s dialects of Kurmanci-Zazaki, on the occasion of “Human Rights Week”. The investigation was opened by Ministry of Interior Affairs. The sentence on the poster was: “No human without his rights”. (6 April 2007, DİHA)
27. A preliminary investigation was opened against Mr. Fırat Anlı (Mayor of Yenişehir Municipality in Diyarbakır) since he had workers put congratulations message (poster) and into lighted boards in Kurdish in different places of Diyarbakır on the occasion of Ramadan Month and Ramadan Festive. (10 April 2007, DİHA)
28. An investigation was opened against Mr. Ömer Yılmaz (Provincial Chairman of DTP in Ardahan), Mr. Ferhat Kaya (Chairman of Main District) and Mr. Bülent Öngel (Chairman of Göle District) by Public Prosecutor Office of Ardahan, province in the East part of Turkey. The investigation was opened by reason of using “W” letter in the press statement, which read in the Newroz meeting that organized by DTP Provincial Organization of Ardahan in 21 March. These three people were charged with “violating the law on Political Parties”. (20 April 2007, DİHA)
29. In 14.02.2007 the 3^rd Criminal Court of Ankara convicted a trial, which had been opened against Congress Council and executives on that time because of the speeches in Kurdish and invitation for 1^st Ordinary General Meeting, which was held in 4 January 2004, of Hak ve Özgürlükler Partisi (Rights and Freedoms Party). Regarding with their criminal records, Mr. Abdulmelik Fırat (former General President), Mr. Kasım Ergün, Mr. Reşit Deli, Mr. Semir Güzel and Mr. İbrahim Güçlü were sentenced to 1 year imprisonment. On the other hand; Mr. Bayram Bozyel, Mr. Fehmi Demir, Mr. Necdet Gündem, mr. Fettah Karagöz, Ms. Gönül Dabakoğlu, Mr. Şeref Yalçın, Mr. İlhan Güneri and Ms. Ayşe Demir were sentenced to 6 months imprisonment. 6 months imprisonments were transferred into fine. The amount is 1.980.00 YTL. (Web site of HAK-PAR)
30. An investigation was opened against Mr. Abdullah Demirbaş (Mayor of Sur Municipality in Diyarbakır), by reason of violating TCK 222 and 257, numbered 1353 article about the law on Acceptance and Practice of Turkish Letters, by Administrative Inspectorship of Ministry of Interior Affairs. The investigation was opened about a campaign, which was carried out in two languages. The title of the campaign was “Organ donation is life donation”. The mentioned sentence was written both in Kurdish and Turkish. The aim of the campaign was spreading organ donation and rising awareness about the issue. (13 June 2007, DİHA)
31. The 8^th Council of State, which dealt with appeal by Mr. Abdullah Demirbaş (Mayor of Sur Municipality) regarding with removing the mayor from his position and dissolving the municipality parliament because of the decision about providing “Multi language Services in the Municipality”, convicted anonymously with removing the mayor from his position and dissolving the municipality parliament grounding the decision by the municipality. (14 June 2007, DİHA)
32. A court case was started against Mr. Mahmut Alınak, (lawyer and former provincial chairman of DTP Kars Organization) by Ankara Criminal Court because of his letter in Kurdish about the problems of Kars. Mr.Alınak sent this letter to Mr. Recep Tayyip Erdoğan, Prime Minister of Turkey. The court case was opened in accordance with violating the article numbered 1353 on “the acceptance and Practice of Turkish Letters”. The prosecutor demanded a sentence with the numbered 5237 TCK’s Article 222. Moreover, the prosecutor asked a security precaution in accordance with the article 53/1-2 of TCK in case Mr. Alınak will be sentenced. (19 January 2007, DİHA)
33. An investigation was opened against Mr. Vakkas Dalkılıç (“Thousand Hopes” Independent deputy candidate in Gaziantep) since he greeted people in Kurdish in the opening of his election office. (20 June 2007, DİHA)