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Turkey
1776. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1777. Medeni Kavak was reportedly detained in Diyarbakir on 10 December 2001. Four days later, a court allegedly ordered that he be remanded to Diyarbakir E-Type prison on charges of being a member of an illegal organization. However, it was reported that he was instead brought to gendarmerie detention in accordance with Legal Decree Number 430. While in detention he was reportedly continuously blindfolded and subjected to electric shocks, beatings and threats. He was also believed to have had his testicles squeezed. He was alleged to have been prevented from going to the toilet and to not have been given enough food. He was reportedly finally remanded to prison on 24 December 2001. An investigation was said to have has been opened by the prosecutor into the allegations of torture.
1778. Hatip Alay, a board member of the Peoples Democratic Party (HADEP) in Diyarbakir, was reportedly detained on 11 November 2001 and remanded to prison on 14 November 2001 accused of aiding and abetting the PKK. However, it was alleged that he was returned to detention at Diyarbakir gendarmerie headquarters where he was believed to have been held until 24 November 2001. While in custody he was reportedly blindfolded, beaten, subjected to electric shocks, and had his testicles squeezed. He was also believed to have been sprayed with cold pressurized water and made to wait naked in front of an air conditioner for several hours. It was alleged that he was hung by the arms with his hands tied behind him.
1779. Fehmi Ak was reportedly detained on 13 November 2001 and remanded to prison by Diyarbakir State Security Court on 16 November 2001. However, he was allegedly brought from the entrance of Diyarbakir E-Type prison back to gendarmerie detention. His detention was reportedly extended for a further 10 days but he was believed to have not been returned to prison until 7 December 2001. It was reported that while in custody he was stripped naked, sprayed with pressurized water and left in front of an air conditioner, and had his testicles squeezed. It was believed that no investigations had been opened into theses allegations.
1780. Medeni Kavak was reportedly detained in Diyarbakir on 10 December 2001 and on 14 December 2001 a court allegedly ordered that he be remanded to Diyarbakir E-Type prison on charges of being a member of an illegal organization. However, he was reported to have instead been brought to gendarmerie. It was reported that while in detention he was continuously blindfolded, he had his testicles squeezed and he was subjected to electric shocks, threats and beatings. It was also alleged that he was prevented from going to the toilet and that he was not given enough food. He was reportedly remanded to prison on 24 December 2001. An investigation was said to have been opened by the prosecutor into these allegations.
1781. Mehmet Emin Toraman, a resident of Izmir, was reportedly followed by police officers who suspected him of burglary on 18 March 2001. It was alleged that when he tried to hide in a construction site, police pointed a gun at him and he fell from the sixth floor. He was believed to have been subsequently brought to a police station where he was allegedly beaten and insulted as a dirty Kurd. He was reported to have sustained several bones broken, but was not taken to a hospital until the following day. On 25 September 2000 his brother, Mehmet Teomete, who protested against his detention, was reportedly himself taken into a police car and broke his hand when he was thrown out of the car. It was alleged that the latter was subsequently taken to the police station in Gürçeġme in Izmir, where he was reportedly beaten.
1782. H. Selim Açan was reportedly held in the Bayrampasa prison on 19 December 2000, when the security forces allegedly conducted an operation in order to end a collective hunger strike. It was reported that law enforcement officials made an excessive use of force during this operation (see E/CN.4/2002/76/Add.1, paras 1594 et sq.). He was allegedly wounded by a bullet on his right shoulder and asphyxiated with gasses. He was reported to have been immediately transferred to Edirne F-type prison after the incident. It was alleged that he and other detainees were beaten, tightly handcuffed, not allowed to go to the toilet and denied medical treatment during the transfer, which was believed to have lasted for about 12 hours. It was reported that once in Edirne prison, he had been exposed to loud music and artificial light during 24 hours a day, beaten and kicked and forced to undergo a rectal search under the threat of further beatings. It was alleged that he had been taken to the infirmary but that he had not received a proper medical treatment. Relatives and lawyers who were allowed to visit those detained in Edirne prison were said to have been subjected to intimidations and humiliations, such as being subjected to strip searches.
1783. Haci Inan and Kamuran Kabul, along with a group of some 20 people, were reportedly arrested in Sirnak on 21 March 2000 and taken to the Sirnak Police Headquarters, where they were believed to have been subjected to electric shocks, beaten on the hands with a truncheon and hosed with pressurized water. On the way to a medical examination police officers reportedly threatened the detainees saying that they would kill them if they mentioned torture and most of the doctors were allegedly afraid to record what they saw. It was reported that some doctors did not allow the police inside the examination room and one noted that Haci Inan had a wound on his hand caused by beatings. Ten days later the group was reportedly brought to Mardin Prison but the prison director did allegedly not accept them because of the wounds on their bodies.
1784. Mehmet Ali Çelik, a 17-year-old man of Kurdish origin working for a legal pro-Kurdish daily newspaper, was reportedly beaten by plainclothes police officers when the latter allegedly searched his house in Nusaybin, province of Mardin, on 18 February 2001. It was reported that when he filed a formal complaint and tried to obtain a medical report the police commissioner reportedly intimidated doctors at the local hospital not to write suc h a report. It was reported that doctors in Mardin were afraid to write a report.
1785. Engin Duruk, a 17-year old school student in Diyarbakir, reportedly filed a formal complaint against his assistant school director for repeated beatings and insults and was called to a meeting at the directors office on 17 January 2001, where he was threatened by the assistant director and three police officers. He was also reportedly beaten and kicked by one of the police officers when he left school on 19 February 2001. Engin Duruk was allegedly dismissed from the school and had to leave the town temporarily. It was reported that a trial hadbeen opened into the alleged beating by the assistant director, but that the prosecutor decided not to proceed against the police officer.
1786. Özgür Baris Kiliç, a young man living in a neighborhood mainly inhabited by displaced people of Kurdish origin in Menemen near Izmir, was reportedly arrested on 7 January 2001 on charges of aiding and abetting an illegal organization. It was alleged that during two days of custody at the Anti-Terror Branch of Menemen Police Headquarters he had been blindfolded, subjected to electric shocks and cold water, stripped naked, suspended by the arms and beaten and had his testicles squeezed. Although he reportedly pointed out lesions on his toe and penis caused by electric shocks at a forensic examination conducted on 8 January 2001, the doctor was alleged to have registered ''no signs of beating or force''. It was reported that after having been released, he was examined by doctors from the Human Right Foundation of Turkey (TIHV) and the Medical Chamber. The latter reportedly issued a detailed medical report on 29 January 2001, which was said to corroborate the torture allegations. A trial was reported to have been opened, but the three involved police officers were allegedly only charged with ill-treatment.
1787. Sait Dönmüs and Mehmet Ali Kaplan were reportedly arrested on 30 June 2000 in Diyrbakir on suspicion of supporting the PKK and taken to Silvan gendarmerie headquarters, where they were believed to have been held for six days without being brought before a prosecutor. It was alleged that they were stripped naked and blindfolded, and that they were subjected to electric shocks, beaten and had their testicles squeezed. They were believed to have been examined at Diyrbakir State Hospital, where doctors allegedly recorded that the injuries they sustained were consistent with their allegations. It was reported that pressure had been made to the doctors by the deputy health director in order for them to change their statements. It was also reported that two soldiers accused of torture had been acquitted on 27 April 2001 and that the court ruled that the prosecution should reopen the case to identify the perpetrators.
1788. By letter dated 2 September 2002 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur advised the Government that he had received information according to which hunger strikers on a death fast were reportedly attacked by approximately one thousand members of the special police force on 6 November 2001. It was reported that the hunger strikers were either on the verge of death or in an advanced state of mental and physical deterioration in the death fast houses in Kucukarmatlu, having been on prolonged hunger strikes in protest against Turkeys new isolation cells (F-type prisons). Arzu Güler (f), Sultan Yildiz (f), Bülent Durgaç and Baris Tas were allegedly killed during this operation and ten other people were believed to have been seriously injured. It was also reported that the police had attacked hunger strikers in the district, using armoured cars and bulldozers to break down barricades and houses, had thrown gas bombs and nerve and tear gas into the houses, had brandished automatic weapons and batons to enter private death-fast houses and had pulled out protesters already seriously weakened by months of hunger strike.
1789. By letter dated 4 December 2002, the Government responded that the individuals who undertook a hunger strike (death fast) in four different houses in the district of Küçükarmutlu to protest against the F-type prisons were members of the terrorist organization DHKP/C. Since they had disrupted public order by barricading the streets of the neighborhood, the security forces were compelled to move into the area to remove the barricades and restore the free movement. On 5 November 2001 at 15 p.m., the security forces were violently attacked with stones, sticks and Molotovcocktails by a mob while removing the barricades. Meanwhile, a number of persons started a riot by deliberately setting the houses of death fasters on fire. The fire brigade and security forces intervened in order to extinguish the fire and rescue the persons in the houses. The death fasters were saved and taken to hospital. Three persons who resisted and tried to prevent the security forces from fulfilling their duties were detained. Two police officers and 16 civilians were wounded during the incident, four of whom died afterwards. The Government noted that there had been no other intervention by the security forces to other houses where the death fasters were residing. The Government further assured the Special Rapporteur that the security forces had acted with the sole purpose of protecting the safety of citizens and restoring public order, and this, under the utmost restraint to keep the number of casualties at a minimum.
1790. By the same letter, the Special Rapporteurs advised the Government that he had received information regarding Gazal Berü, an 11-year-old girl of Kurdish origin, who had reportedly been attacked by dogs on 19 March 2001 in front of the gendarmerie station in Yigitler village, in the southeaster province of Bingöl and beaten to death. It was alleged that the dogs, which were believed to belong to the gendarmerie, had been encouraged to attack her by a soldier.
1791. By letter dated 4 December 2002, the Government responded that after having
investigated into the case, the Karliova Public Prosecutors Office had decided on 12 June 2002 not to prosecute the accused Ishak Erdem and the other officials. As an
objection was filed against this decision, the case was forwarded to the relevant court
on 12 July 2002 which rejected it on 18 July 2002.
1793. Naif Demirci was reportedly detained on 20 December 2001 and remanded to
Diyarbakir E-Type prison on 24 December 2001. However, he was allegedly returned
to gendarmerie custody for 10 days' interrogation before being brought back to prison.
While in custody at the gendarmerie, he was believed to have been blindfolded,
beaten and subjected to electric shocks, and to have had his testicles squeezed. His
wife Mekiye Demirci was reportedly herself also detained on 21 December 2001 and
similarly returned to gendarmerie custody on 26 January 2001 despite an order that
she be remanded to prison. She was also reportedly blindfolded, beaten, sexually
abused and subjected to electric shocks.
1794. Fehime Ete, a woman of Kurdish origin, was reportedly taken - together with
her daughter - to gendarmerie headquarters in Diyarbakir for interrogation on 25
November 2001. She was allegedly blindfolded, beaten with truncheons, stripped
naked and sprayed with pressurized water. She reportedly fainted several times and
was believed to suffer from shortness of breath and difficulty moving her arms as a
result of the treatment she was allegedly subjected to. A doctor reportedly diagnosed
her daughter as suffering from shock. She and her family were believed to have been
threatened with further torture if she complained about her treatment.
1795. By letter dated 15 October 2002, the Government responded that Fehime Ete
had been released on 27 March 2002. In her testimony of 21 March 2002, Fehime Ete
claimed that she had been subjected to torture and ill-treatment in detention in
Diyarbakir. Upon her testimony, an investigation was initiated and following the
investigation, a decision of non-prosecution was given due to lack of evidence.
Finally, the Government stated that none of their medical reports indicate any trace of
ill-treatment or torture.
1796. Several young women were reportedly taken to police headquarters in Izmir
after a demonstration on 1 May 2001. It was alleged that at least two of them were
taken to a separate room and blindfolded, beaten, stripped naked and raped. They
were reportedly the following day without having seen a prosecutor or a judge.
1797. F. D. F., 16-year-old girl who had been detained on 30 June 2001 in Van, was
reportedly subjected to a forcible virginity test.
1798. Gülistan Durç, the head of the women's commission of HADEP in Mardin,
was reportedly arrested for the first time in March 1996, when she was only 17 years
old. It was alleged that since then she has been taken into custody numerous times for
between two and seven days. She was believed to have been stripped naked and
blindfolded, beaten, sprayed with cold pressurized water, suspended by her arms,
threatened with death, burned with cigarettes and hot wires, and prevented from
sleeping by officers from the Anti-Terror branch while in custody. It was reported that she filed a formal complaint in 1999, but withdrew it when she was arrested again two
days later. On 19 December 1999 she was allegedly arrested by police officers using
such force that her arm was broken. She was believed to have filed another formal
complaint upon her release but none of the police officers allegedly involved were
reportedly prosecuted. She was allegedly again arrested in February 2000 and held for
two days at Mardin Police Headquarters, where she was beaten on her broken arm
which had only just been removed from plaster. It was alleged that the resulting
damage and pain were so intense that she was released from prison on medical
grounds pending a trial. Following medical and psychiatric examinations, specialists
in Izmir reportedly concluded that she was suffering from post-traumatic stress
disorder and had further medical problems which corroborate her reports of torture.
None of the suspected perpetrators was reported to have been brought to justice.
1799. Seher Durgaç was reportedly beaten, raped, subjected to electric shocks and
pressurized water and threatened when she was held at the Anti-Terror Branch of
Diyarbakir Police Headquarters from 13 to 19 June 2001. She was believed to have
been subsequently taken to an infirmary and taken to another doctor when the one
who initially examined her confirmed torture allegations.
1800. By letter dated 17 October 2002, the Special Rapporteur reminded the
Government of a number of cases transmitted in 2001 regarding which no reply had
been received.
Urgent appeals
1801. On 15 January 2002, the Special Rapporteur sent an urgent appeal on behalf of
two members of Özgür Halk, Orhan Armutçu and Erkan Yildirim, as well as
Mahmut Bugrahan, his wife Türkan Bugrahan and Ahmet Akbas who were
reportedly held at the Police Headquarters in Bingöl since 9 January 2002 on
suspicion of being connected to the Kurdistan Workers Party (PKK) . They were said
to have been arrested along with Siraç Budancir, released on 11 January, who had
allegedly been blindfolded, forced to lie in deep snow, given electric shocks and
sprayed with pressurized water while in detention.
1802. By letter dated 19 March 2002, the Government indicated that Türkun
Bugrahan was released on 10 January 2002 after interrogation. Siraç Bulancir and
Erkan Yildirim were also released by the Bingöl Public Prosecutors Office. Orhan
Armutçu and Ahmet Akbas were sent to prison by the relevant court. According to the
Government, none of the medical reports of these persons indicated trace of illtreatment
or torture. The Government also clarified that Mahmut Bugrahan was not
taken into custody and that he was being searched by the security forces at the time
the Government transmitted its response. By a letter dated 2 May 2002, the
Government further informed that in a statement given on 29 January 2002, Orhan
Armutçu claimed that he had been subjected to tortur e while in custody but that he
had been scared of mentioning that in previous testimonies. An investigation was
initiated into these allegations. The Government clarified that the other persons did
not file any complaint alleging torture or ill- treatment. By letter dated 25 July 2002,
the Government indicated that the in connection with the investigation into allegations
of torture against Orhan Armutçu, a decision of non-prosecution was given due to
lack of evidence.
1803. On 6 February 2002, the Special Rapporteur sent a joint urgent appeal with the
Special Rapporteur on freedom of opinion and expression and the Chairman-
Rapporteur on behalf Medeni Alpkaya, board member of the teachers trade union
Eitim-Sen, who had reportedly been arrested on 3 February 2002 after giving a talk at
a meeting of Haber-Sen trade union in Diyarbakr. He has been allegedly held at the
Anti-Terror Branch of Diyarbakir Police Headquarters. He was allegedly detained
because he criticized the authority repression on students who request Kurdish
language education.
1804. On 11 March 2002, the Special Rapporteur sent an urgent appeal on behalf of
Ferhat Yorulmaz, who was reportedly arrested on 8 March 2002 by plainclothes
police officers in Bismil, Diyarbakir province, together with several other individuals.
The authorities are said to have confirmed that the others are held at the Anti- Terror
Branch of Diyarbakir Police Headquarters, but deny that Ferhat Yorulmaz is detained
there. His lawyers are believed to have applied to the Chief Prosecutor's office in
Diyarbakir for information on his whereabouts, however without success.
1805. By letter dated 3 June 2002, the Government confirmed that he had been taken
into custody in Bismil on 8 March 2002 on suspicion of his involvement in an illegal
activity. He was released on 9 March 2002 upon it was established that he had been
involved in any illegal activity. According to the Government, none of his medical
reports indicated traces of ill- treatment or torture.
1806. On 25 March 2002, the Special Rapporteur sent a joint urgent appeal with the
Special Rapporteur on freedom of opinion and expression concerning the dozens of
persons who had reportedly been arrested on 21 March 2002 as they were attempting
to celebrate Newroz, the Kurdish New Year. In Mersin, demonstrators attempted to
participate in celebrations that had been banned by the local Governor. They were
allegedly forcibly dispersed by police officers who used tanks, water cannons, tear gas
and plastic bullets against them. Some of the demonstrators reportedly fought back
with sticks and rocks. In the resulting clashes, Mehmet Sen died after a tank
reportedly crushed him against a wall, and Ömer Aydin died as a result of being
crushed by the crowd. More than 100 demonstrators and 41 police officers were
reportedly injured. In and around the district of Topkapi in Istanbul, individuals were
allegedly detained as they tried to gather in a public square to celebrate Newroz.
Police officers were said to have used water cannons, tear gas and plastic bullets to
disperse the crowds. Some people apparently responded by throwing rocks at the
police officers. Most of the detainees have been released from Istanbul Police
Headquarters, though 81 people reportedly remain in custody. Twenty four of those
released have since lodged a complaint with the Human Rights Association (IHD)
stating that they were beaten by police officers.
1807. By letter dated 22 July 2002, the Government responded that the security
forces in Istanbul had intervened when several groups disrupting public order refused
to disperse. The Government confirmed that 81 persons who forcibly resisted the
security forces were taken into custody and released on the following day. Their
reports did not indicate trace of ill-treatment or torture. Lawsuits have been filed
against several demonstrators on the grounds of violating the law on meetings and
demonstration marches, damaging property and disseminating propaganda of the PKK during the incident. Concerning the events in Mersin, the Government indicated that
the security forces intervened when a group of people refused to disperse and resisted
by throwing stones and sticks. The Government confirmed the deaths of Mehmet Sen
and Ömer Aydin, clarifying that the former died under the ruins of a wall which was
hit by a police vehicle and the latter died of a heart attack. Investigations into these
deaths were underway at the time the Government provided this response.
investigations were also initiated against a number of demonstrators on the grounds of
violating the law of meetings and demonstration marches, forcibly resisting the
security forces, damaging police vehicles and wounding police officers.
1808. On 2 May 2002, the Special Rapporteur sent an urgent appeal on behalf of
Mehmet Salih Kölge, who had reportedly been arrested on 16 April 2002 in Antep
and detained at the Anti- Terror Branch of Diyarbakir Police Headquarters, allegedly
in connection with the activities of the armed Islamic group Hizbullah. On 25 April,
he was reportedly remanded to prison by the Diyarbakir State Security Court (DGM).
It was believed that he was returned to the police detention for 10 days in accordance
with Legal Decree 430, which was said to allow individuals to be returned to police
detention for further questioning. On the 26 April, his family visited him at the Anti-
Terror Branch of Diyarbakir Police but they were reportedly told that he had been
transferred to the town of Batman.
1809. By letter dated 1 August 2002, the Government responded that it had been
established that he was a high level member of a terrorist organization and that he was
involved in a number of terrorist acts. He was arrested by the relevant court and sent
to Diyarbakir E-type Prison. He was subsequently taken to Mardin/Nusaybin and
Batman/Gercüs for pointing locations. A 10-day period of detention for questioning
was extended three times by the relevant court. The Government further indicated that
none of the medical reports indicated any trace of ill-treatment or torture and that the
he was brought to hospital for examination and treatment whenever he requested so.
Finally, the Government indicated that her mother was informed both in writing and
orally of the reasons why she was not able to see her son on 25 and 26 April 2002. By
letter dated 16 December 2002, the Government transmitted further information
regarding Mehmet Salih Kölge. The Government informed the Special Rapporteur
that a public case was filed against him on 6 June 2002 for attempting to destroy the
constitutional system by armed activities and establish an Islamic state instead. Upon
his lawyers request, Mehmet Salih Kölge was examined at the Faculty of Medicine
of the Dicle University. The Government indicated that his medical reports revealed
no trace of ill-treatment or torture. The Government noted that Mehmet Salih Kölge
had been visited 28 times by 13 visitors between 7 June 2002 and 30 August 2002 in
Diyarbakir Prison.
1810. On 15 May 2002, the Special Rapporteur sent a joint urgent appeal with the
Special Rapporteur on the right to freedom of opinion and expression and the
Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Yusuf Basboga, Ahmet Ökten, A. Kerim Koçchan, Mikail Bülbül, Mahsun Ilen,
Faruk Kiliç, Nurettin Demir, Zübeyir Avci, Mahmut Kuzu, A. Aziz Yücedag,
Lokman Koçchan and Sermin Erbasa, members of the Egitim-Sen teachers trade
union, who had reportedly been arrested by police in the town of Kiziltepe on 7 May
2002 for having been involved in a campaign for education in the Kurdish language. They were reportedly detained at the Anti-Terror Branch of Mardin Police Headquarters.
1811. By letter dated 11 September the Government confirmed that they had been
taken into custody on 7 May 2002 and arrested by the relevant court on 10 May 2002.
Faruk Kiliç, Abdülaziz Yücedag, Nusrettin Demir, Sermin Erbas, Mahmut Kuzu and
Ahmet Öktem were released on 13 May 2002 and Yakup Basboga, Lokman Koçhan,
Zübeyir Avci, Mahsun Bilen, Mikail Bülbül and Abdülkerim Koçhan on 3 June 2002.
the Government assured that the procedures regarding their detention and arrest were
carried out in full compliance with the provisions of the relevant legislation.
1812. On 14 June 2002, the Special Rapporteur sent a joint urgent appeal with the
Special Rapporteur on the right to freedom of opinion and expression on behalf of
Bayram Bozyel, the Deputy Chairman of the pro-Kurdish Rights and Freedom Party
(HAK-PAR), Mehmet Eren, a Board member of Diyarbakir branch of HAK-PAR,
Kemal Aras, a Board member of Diyarbakir branch of HAK-PAR and 17 other
individuals, at least 12 of whom are HAK-PAR members. They were reportedly
detained at the Anti-Terror Branch of Police Headquarters in Diyarbakir on 12 June
2002.
1813. By letter dated 26 August 2002, the Government responded that Mehmet Eren
had been released on 21 June 2002 while the other mentioned persons had been
released on 15 June 2002 pending trial. Their houses were searched by the police in
accordance with an order issued by the Public Prosecutors Office. The Government
further assured the Special Rapporteur that none of the medical reports indicated any
trace of ill- treatment or torture. Pasa Akdogan and Evin Sitki were brought to a
hospital when they expressed they felt ill and Kemal Aras was provided with the
necessary medicine.
1814. On 14 June 2002, the Special Rapporteur sent another urgent appeal on behalf
of a family whose names were given to the Government. Police were said to have
threatened to kill them, after they filed a complaint that three of them, including a
five-year-old girl, had been tortured in custody. A group of police officers, including
the Chief of the Department of Theft and Fraud in Izmir, had allegedly punched and
kicked them, and beat them with truncheons.They were reportedly threatened not to
complain. On 31 May the women filed a formal complaint with the state prosecutor
against the police officers involved. The prosecutor reportedly said that he would
initiate proceedings to identify the perpetrators, and sent the two women and the girl
for forensic medical examinations which documented bruising on their bodies. Police
officers from the Department of Theft and Fraud were believed to have seen the
women lodging the complaint, and reportedly threatened and harassed them since then
and to have threatened them with extrajudicial execution. It was reported that the
prosecutor has taken no action yet about these threats.
1815. By letter dated 27 August 2002, the Government responded that upon
complaints filed by the alleged victims, the Public Prosecutors Office had launched
an investigation, which was still underway at the time the Government transmitted
this response.
1816. On 12 July 2002, the Special Rapporteur sent a joint urgent appeal with the
Special Rapporteur on the right to freedom of opinion and expression on behalf of
concerning Necati Abay, Sonnur Salamer (f), Nadiye Gürbüz (f), Ali Ihsan
Topçu, Remziye Turun (f), Gökçen Arabul, Mustafa Arabul, Altan Koman,
Gökhan Özdemir, Seçil Gültekin (f), Nuran Doan (f), Özgür Çubuk, Burcu
Gümü (f), Mülge Molval (f) and Murat Güner, who had reportedly been arrested
during a police raid in the offices of the weekly Yeniden Atilim (New Advance) on 10
July 2002. They were reportedly detained at the Anti-terror Branch of Police
Headquarters in the borough of Aksaray in Istanbul.
1817. On 6 August 2002, the Special Rapporteur sent an urgent appeal on behalf of
Remzi Karaduman, Ugur Usar and Resat Usar who had reportedly been detained
by police officers from the Anti-Terror Branch of Ankara police headquarters on 26
July 2002. Two days later they were said to have been handed over to the Anti-Terror
Branch of police headquarters in Diyarbakir. On 30 July, a court is reported to have
ordered that they be remanded to Diyarbakir prison. They have allegedly been beaten
and subjected to electric shocks while in police detention in Ankara. In Diyarbakir
police headquarters, they were allegedly sprayed repeatedly with pressurized water,
had their testicles squeezed, were blindfolded continuously, forced to stay standing by
having their wrists handcuffed to an elevated point, not given anything to eat or drink,
and two police officers would force the detainees' heads between their legs by sitting
on their shoulders. A complaint about the alleged torture and ill- treatment was
reportedly lodged with the Diyarbakir prosecutor. As a result, on 1 August the three
men were examined by doctors at the local Institute of Forensic Medicine who
determined that they should be examined instead at the Medical Faculty of Dicle
University, where there was a greater level of expertise in documenting such injuries.
However, on the same day Diyarbakir State Security Court (DGM) reportedly ordered
that they be brought instead to the Anti-Terror Branch of Diyarbakir police
headquarters for further interrogation.
1818. By letter dated 1 October 2002, the Government indicated that these persons
had been taken into custody in Ankara on 26 July 2002 on grounds of membership of
the terrorist organization Hizbullah. They were taken to Diyarbakir on 28 July 2002
for further interrogation. They were arrested by the relevant court and sent to the
Diyarbakir E-type Prison on 30 July 2002. Their lawyer filed a complaint on 1 August
2002 alleging that Remzi Karaduman, Resat Usar and Ugur Usar had been subjected
to ill-treatment and torture in detention and that the investigation which was
subsequently initiated was underway.
1819. On 28 August 2002, the Special Rapporteur sent an urgent appeal on behalf of
Abdulkadir Yakut, who was allegedly detained and brought on 21 August 2002 to
the Anti-Terror Branch of Police Headquarters in Diyarbakir. According to lawyers
from the local branch of the Human Rights Association (IHD) who were able to meet
with him on 23 August 2002, he seemed exhausted and frightened and had an
extensive bruising under his right eye and on both wrists, his fingernails were black,
his denim trousers were torn and he was incapable of standing and walking at the end
of their meeting. He was reportedly released on 26 August but immediately taken
back to the gendarmerie in Diyarbakir prior to his compulsory military service. It was
reported that lawyers from the IHD were reportedly not able to meet with him again.
1820. By letter dated 21 October 2002, the Government responded that he had been
taken into custody on 21 August 2002 carrying a false identity card and revealing in
his own testimony that he was a member of the terrorist organization PKK (KADEK).
His detention period was extended by the relevant court for three days for the
investigation to be completed and he was released on 26 August 2002 by the relevant
court. The Government further stressed that none of his medical reports indicate any
trace of ill- treatment or torture and that when he attempted to escape from the security
forces he felt on the ground. The security forces took him to the hospital and he
forcibly resisted them. He therefore had scrapes on his body as mentioned in the
medical reports. Finally, the Government indicated that Abdulkadir Yakut was handed
over to the relevant military authority and he was not taken into custody by the
gendarmerie as was alleged.
1821. On 27 September 2002, the Special Rapporteur sent an urgent appeal on behalf
of Abdullah Kaya who had reportedly been detained on 18 September 2002 held at
the Anti-Terror Branch of Ankara Police Headquarters, allegedly in connection with
the armed Islamist group, Hizbullah. On 21 September, it is believed that he was
handed over to the custody of the Anti- Terror Branch of Diyarbakir Police
Headquarters. He subsequently met his brother and mother at the police headquarters
on 25 September. The latter reported that he did not speak, seemed exhausted and was
continually staring into space.
1822. On 30 September 2002, the Special Rapporteur sent an urgent appeal on behalf
of Ahmet Ece. On 24 September, the main police station in Findik village, near
Güclükonak informed the local public registry office that Ahmet Ece had been taken
into custody by gendarmerie in Lice in Diyarbakir province. Lawyers from the the
Diyarbakir Human Rights Association (IHD) reportedly spoke to the Lice public
prosecutor who stated that, according to gendarmerie units, no individual of that name
had been taken into custody.
1823. On 30 September 2002, the Special Rapporteur sent another urgent appeal on
behalf of Yavuz Bingöl, Serdar Nalbant, Metin Atilla, Fuat Keskin, Hayrettin
Gulen, Cetin Harmanci, Erdogan Kandemir and Habib Uzun, who were believed
to have been tortured during their custody from 25 to 27 September 2002 at Bingöl
Police Anti- Terror Headquarters in the Solhan district of Bingöl. They were taken
before a judge and remanded into custody at the Bingl Özel Tip Prison on 27
September.Yavuz Bingöl was reportedly later taken for treatment at the Bingöl State
hospital, as a result of the treatment he was subjected to in custody. The head of the
Human Rights Association in Bingöl was reportedly denied permission to visit the
detainees by the prosecutor.
1824. On 29 October 2002, the Special Rapporteur sent an urgent appeal on behalf
of Abdülkadir Aktas, who had reportedly disappeared from Diyarbakir prison
where he was being held. On 25 October, prison administrators reportedly told his
brother that they were not authorized to inform him of his current whereabouts. On 23
October, he had been met by his lawyer who reported that he seemed exhausted, that
his face was pale and that he was staggering as he was walking. Abdülkadir Aktas
alleged that he had been subjected to electroshocks and was afraid to be detained by
the police again for interrogation. He had allegedly been threatened that he would be
taken from the prison for being re- interrogated by the police. He had been arrested on 6 October 2002 in connection with the assassination of the Diyarbakir Chief of Police
and five other police officers by the illegal armed Islamist group Hizbullah in January
2001.
1825. By letter dated 13 December 2002, the Government informed the Special
Rapporteur that Abdulkadir Aktas was arrested on grounds of membership of the
terrorist organization Hizbullah and his activities on behalf of it. He was sent to the
Diyarbakir E-type Prison and then taken to the Diyarbakir Directorate of Security
upon the decision of the relevant court under Decree n° 430. He was returned to the
prison on 21 October 2002. The Government added that his family visited him on 28
October 2002 and that he met with lawyers on 23 and 30 October 2002. The
Government noted that none of his medical reports indicated any trace of ill-treatment
or torture.
1826. On 29 October 2002, the Special Rapporteur sent another urgent appeal on
behalf of Muzaffer Abdukaya, who had reportedly been arrested in connection with
the illegal armed Islamist group Hizbullah on 18 October 2002. He was reportedly
seen in a bad state at the Anti-Terror Branch of Diyarbakir Police Headquarters on the
following day. On 22 October, he was reportedly remanded to prison by the
Diyarbakir State Security Court but was immediately afterwards transferred back to
the Anti-Terror Branch for further interrogation. This was reported to have been
carried out under Legal Decree 430 which allows individuals to be returned from
prison to police detention for an additional 10 days of questioning.
1827. On 31 October 2002, the Special Rapporteur sent an urgent appeal on behalf
of Ertekin Kaplan, Seyhmus Akat, Bayram Kiliç, Nurettin Gölcü and Mahmut
Hocaoglu, who had reportedly been arrested on 25 October 2002. They were
reportedly held without charge in police detention in Diyarbakir. On 28 October, their
lawyers were said to have seen them exhausted and stressed. They had allegedly been
beaten and sexually assaulted and their testicles had been squeezed. Nurettin Gölcü
and Ertekin Kaplan who suffer from chronic health problems have allegedly been
prevented from getting the medicines they need.
Follow-up to previously transmitted communications
1828. By letter dated 12 December 2002, the Government transmitted further
information concerning Haci Bayancik, on behalf of whom the Special Rapporteur
sent an urgent appeal on 14 September 2001 (ibid., para. 1661), to which the
Government already responded by letter dated 16 November 2001 (ibid. para. 1662).
The Government indicated that he did not file any complaint alleging that he had been
subjected to torture or ill-treatment in custody at the Diyarbakir Directorate of
Security.
1829. By letter 21 December 2001, the Government responded to a number of cases
included in the letter sent by the Special Rapporteur on 28 August 2001
(E/CN.4/2002/76/Add.1, paras. 1592 to 1630).
1830. Concerning the reform of the penitentiary system and the situation in the socalled
F-type prisons (ibid., paras 1592 to 1598), the Government indicated that the
new system was designed to avoid the problems of the traditional type of prisons, in which, according to the Government, inmates had more facilities to take the power
over the dormitories and other inmates and the authority of the prison administrations
de facto vanished. The Government also informed that a number of facilities for
communal activities, such as workshops and open or closed sports facilities, were
included in the project to build the F-type prisons. Prisoners convicted on grounds of
terrorism were also allowed to participate in all communal activities. Upon a psychosocial
examination of the inmate, a commission formed by the Prison Director, the
prison doctor, the psychologist, the social worker, the instructor and the Chief Prison
Guard, determines his/her living unit and his/her communal activity programmes. The
Government also informed that the recommendations as to the construction of the Ftype
prisons issued by the European Committee for the Prevention of Torture and
Inhumane or Degrading Treatment or Punishment (CPT) after its visit in July 2000
were followed by the Turkish authorities in a view to improve the prison system.
Regarding the allegations of hunger strikes in prisons, the Government indicated that
all negotiations with the leaders of strikers failed. The Government also alleged that
the CPT had to interrupt its visit to the country in December 2000 due to the attitude
of the strikers. The Government confirmed that in this context, the security forces
intervened in 20 prisons between 19 and 22 December 2000. Following these events
and another visit of the CPT, two drafts laws were prepared to introduce monitoring
boards and supervisory judges to secure management of the prisons, submitted to the
Parliament on 23 April 2001and subsequently adopted by the Grand National
Assembly. The Government also indicated that a CPT delegation visited again Turkey
in April 2001 and that a delegation from the European Parliament visited F-type
prisons in June 2001. Finally, the Government indicated that due to deterioration of
their health condition, 281 inmates were released between 8 May and 27 July 2001.
1831. Concerning Nuri Akalin (ibid., para. 1600), Birol Pasa and Sadik Akyüz
(ibid., para. 1602), Cemal Keser (ibid., para. 1603), Hüseyin Kisiltroprak (ibid.,
para. 1604) and Sinan Doian (ibid., para. 1609), the Government indicated that a
decision of non-prosecution was given following the investigation by the Kandira
Public Prosecutors Office regarding the allegations.
1832. Concerning Taylan Süren (ibid., para. 1602), the Government indicated that
the Üsküdar Public Prosecutors Office initiated an investigation regarding the
allega tions.
1833. Concerning Bülent Özdemir (ibid., para. 1602), the Government indicated
that following the investigation by the Edirne Public Prosecutors Office regarding the
allegations, a decision of non-jurisdiction was given and the file was forwarded to the
Edirne Governorship.
1834. Concerning Cumali Diskaya (ibid., para. 1605), the Government indicated
that following the investigation of Kandira Public Prosecutors Office regarding the
allegations, a decision of non-jurisdiction was given and the file was forwarded to the
Kocaeli Governorship.
1835. Concerning Veysel Kiliç (ibid., para. 1608), the Government indicated that a
lawsuit was filed by the Kandira Public Prosecutors Office against five officials.
1836. Concerning Erkut Cebeci (ibid., para. 1610), the Government indicated that
no complaint was filed in connection to this case.
1837. Concerning Hasan Demir and Aziz Yilmaz (ibid., para. 1611), the
Government indicated that they did not file any complaint regarding allegations of
torture. The Government also informed that none of their medical reports indicated
traces of ill- treatment or torture. They were released on 30 May 2001 and 22 October
2001 respectively.
1838. Concerning Dursun Armutlu (ibid., para. 1612), the Government indicated
that no complaint was filed in connection to this case and that he was released on 6
January 2001.
1839. Concerning Hüseyin Tiryaki (ibid., para. 1613), the Government indicated
that the Dincan Public Prosecutors Office initiated and investigation regarding the
allegations.
1840. Concerning 29 children arrested on 8 January 2001 in Viransheir (ibid., para.
1617), the Government indicated that they were taken into custody as they had held an
illegal demonstration to support the PKK. They were dispatched to the Viransehir
Public Prosecutors Office on 9 January 2001. One of them was released while the
other 28 persons were arrested by the relevant court. 14 persons were released on 16
January 2001, eight on 17 January 2001 and six on 15 February 2001. 23 of those
persons aged between 11 and 18 were not interrogated and their statements were not
taken while in custody. The Government further informed that none of the medical
reports indicated traces of ill- treatment or torture.
1841. Concerning Erdal Bulut (ibid., para. 1618), the Government indicated that
when he went to the Istambul Ümraniye Directorate of Security Traffic Office to get
his drivers license on 20 October 2000, it was established that he had been a deserter.
He was handed over to the Central Police Station and released on 20 October 2000.
1842. Concerning the case of eleven shepherds (ibid., para. 1619), the Government
indicated that an investigation on the allegations of torture was initiated following a
complaint filed to the Sivasli Public Prosecutors Office. The Government further
informed that a report of the Izmir Forensic Medicine Institute states that there were
no traces of torture. However, upon objection of the lawyers, the file was forwarded to
the Istambul Forensic Medicine Institute. The investigation was still underway at the
time the Government transmitted this response.
1843. Concerning Abdulselam Bayram (ibid., para. 1620), the Government
confirmed that he was taken into custody on 11 February 2001 in Diyarbakir and
informed that he was later arrested by the relevant court. According to the
Government, none of his medical reports indicate any trace of ill-treatment or torture.
1844. Concerning Emrullah Karagöz (ibid., para. 1622), the Government indicated
that he was dispatched to the Diyarbakir State Security Court Public Prosecutors
Office on 30 March 2001 and arrested by the relevant court. The Government assured
the Special Rapporteur that none of his medical reports indicated any trace of illtreatment
or torture.
1845. By letter dated 2 January 2002, the Government responded to a joint urgent
appeal sent by the Special Rapporteur and the Special Representative on human rights
defenders on 14 August 2002 on behalf of Rasim Asan (E/CN.4/2002/76/Add.1, para.
1653), to which the Government already responded on 19 September 2001 (ibid.,
para. 1654). The Government indicated that he was released following the first
hearing held on 19 September 2001 and that the case against him filed on grounds of
insulting the armed forces is still pending.
1846. By letter dated 2 January 2002, the Government responded to a joint urgent
appeal sent by the Special Rapporteur on 21 August 2002 on behalf of Yasar Atalan
and Adil Atay (E/CN.4/2002/76/Add.1, para. 1655), to which the Government
already responded on 29 September 2001 (ibid., para. 1656). The Government
indicated that a lawsuit was filed against Yasar Atalan on the grounds of being a
member of the PKK and carrying out armed acts for the PKK, as well as against Adil
Atay on the grounds of aiding and abetting the PKK. The Government also informed
that they did not file a complaint alleging that they had been subjected to ill-treatment
or torture.
1847. By letter dated 8 January 2002, the Government transmitted further
information concerning Mehmet Dilsiz, on behalf of whom the Special Rapporteur
sent an urgent appeal on 6 April 2001 (E/CN.4/2002/76/Add.1, para. 1637), to which
the Government already responded by letters dated 6 July 2001 and 31 May 2001
respectively (ibid. para. 1638). The Government indicated that two cases against him
on grounds of collectively trafficking narcotics were pending at the Diyarbakir State
Security Court No. II and Court No. III, that a case on grounds of being a member of
the PKK and aiding and abetting the PKK was pending at the Diyarbakir State
Security Court No. II and that he was acquitted in relation with a second case on
grounds of spreading propaganda of the terrorist organization PKK.
1848. By letter dated 8 January 2002, the Government responded to a joint urgent
appeal sent by the Special Rapporteur jointly with the Special Rapporteur on the right
to freedom of opinion and expression on 18 October 2001 on behalf of the Kiliç
family (ibid., para. 1670). The Government indicated that after it was established that
a group of armed members of the PKK were hiding in a house in Silvan/Diyarbakir,
security forces besieged this house on 17 October 2001. The security forces called
three persons who went out of the house to surrender and fired on the air. These
persons responded by opening fire and using grenades. The Government confirmed
that two of them died on the spot and died at Silvan State Hospital as a result of the
wounds. The Government also informed that three security officials were injured too.
According to the Government, the deceased were Sait Reso, a Syrian national, Necdet
Demirkardam and Selma Kiliç. The Government clarified that the 21 members of the
Kiliç family were not taken into custody. 18 persons, among which 13 children, who
were at the house during the mentioned clash were removed from the place for their
security and taken to Silvan Security Directorate in order to establish their identity.
They were subsequently brought to hospital where no trace of ill-treatment or torture
was reported. The children, including Savas Kiliç, and two other persons were
released later on the same day. Three persons, including Adil Kiliç were taken into
custody on the grounds of aiding and abetting the PKK and were released on 24
October 2001 pending trial. However, upon a warrant of arrest issued following the objection of the Diyarbakir State Security Court Public Prosecutors Office. The three
persons were arrested on 29 October 2001 and sent to prison. The Government
indicated that they met their lawyers while in custody and that their medical reports
do no indicate trance of ill-treatment or torture.
1849. By letter dated 8 January 2002, the Government responded to an urgent appeal
sent by the Special Rapporteur on 8 November 2001 on behalf of Sefik Yildirim
(ibid., para. 1672). The Government indicated that he was taken into custody on 6
November 2001 in Diyarbakir and released on 10 November 2001. A lawsuit was
filed against him on the grouns of being member of a terrorist organization. Two
medical reports issued by the Diyarbakir State Hospital on 6 and 10 November 2001
respectively do not indicate trace of ill-treatment or torture.
1850. By letter dated 11 January 2002, the Government responded to an urgent
appeal sent by the Special Rapporteur on 8 November 2001 on behalf of Emrullah
Karagöz and Mustafa Yasar (ibid., para. 1671). The Government indicated that they
were sent to Diyarbakir E-Type Prison on 1 November 2001. In accordance with a
decision of a court, they were removed from the prison for ten days on that same day
as part of the investigation. This period was three times renewed by the court on 10
November, 22 November and 2 December 2001. At the time the Government
transmitted its response, they were held in Sanliurfa Prison. An investigation into
allegations of torture was initiated.
1851. By letter dated 16 January 2002, the Government transmitted further
information concerning a Haci Elhunisuni, on behalf of whom the Special
Rapporteur sent an urgent appeal on 28 September 2001 (ibid., para. 1665), to which
the Government already responded by letter dated 26 November 2001 (ibid. para.
1666). The Government indicated that in his statement of 15 November 2001, he
alleged that he had been subjected to torture in custody. An allegation on these
allegations was underway at the time the Government transmitted this response. The
Government also indicated that he met with his mother, father and uncle on 22 and 31
August 2001.
1852. By letter dated 28 January 2002, the Government transmitted further
information concerning a the arrest in Batman of at least 50 persons, on behalf of
whom the Special Rapporteur sent a joint urgent appeal with the Chairman-
Rapporteur of the Working- Group on Arbitrary Detention and the Special Rapporteur
on freedom of opinion and expression on 17 April 2001 (ibid., para. 1659), to which
the Government already responded by letter dated 29 November 2001 (ibid., para.
1660). The Government indicated that the security forces did not inflict any
restrictions on those who wanted to travel to Ankara. The Government also informed
that Gubert Yalçin was taken into custody in Mardin on 31 August 2001 due to his
activities within the PKK. He was later arrested by the relevant court and sent to
prison.
1853. By letter dated 4 February 2002, the Government transmitted information
concerning Metin Yurtsever, a case included in a letter sent by the Special
Rapporteur on 28 August 2001 (ibid., para. 1615). The Government indicated that an
investigation into his death was conducted by the Kocaeli Public Prosecutors Office.
Following this investigation, a lawsuit was filed against 16 policemen. The next hearing was scheduled to take place on 29 April 2002 at the Kocaeli Assize Court No.II.
1854. By letter dated 20 February 2002, the Government transmitted further
information concerning a group of students, on behalf of whom the Special
Rapporteur sent an urgent appeal on 17 April 2001 (ibid., para. 1641), to which the
Government already responded by letter dated 4 July 2001 (ibid. para. 1642). The
Government indicated that the case was still pending and that the accused persons
were not under arrest.
1855. By letter dated 22 March 2002, the Government responded to a joint urgent
appeal sent by the Special Rapporteur with the Special Rapporteur on violence against
women on 1 October 2001 on behalf of Asiye Güzel Zeybek (ibid., para. 1669). The
Government clarified that her trial commenced in 1997. It also informed that her
medical reports of 27 February 1997 and 6 March 1997 did not indicate any trace of
ill-treatment or torture and that the alleged victim did not file any complaint claiming
torture. However, the Faith Public Prosecutors Office initiated an investigation after
she alleged during a hearing on 2 October 1998 that she had been subjected to torture
and raped while in custody. According to the Government, the Second Specialized
Committee of the Forensic Medicine Institute reported on 13 December 1999 that
there were no medical data confirming physical trauma or rape. On the other hand, a
report issued by the Psychiatric Department of the faculty of Medicine of the Istanbul
University stated that she underwent traumatic experience. But the Fourth
Specialized Committee of the Forensic Medicine Institute said that the reason of the
traumatic experience could not be medically established. The Government also
informed that the testimony of a witness was in contradiction with her allegations.
Under these circumstances, a decision of non-prosecution was given. The case against
the alleged victim was still pend ing and she was in prison at the time the Government
transmitted this response. The Government also clarified that she was neither
subjected to ill-treatment nor wounded in December 2000.
Observations
1856. The Special Rapporteur remains concerned by the information he brought to
the attention of the Government, in particular through the sending of urgent appeals.
He appreciates the continuing disposition of the Government to respond to
communications brought to its attention in the past. He nevertheless notes with
concern that no information has been provided on measures taken to implement the
recommendations made by his predecessor after his visit to Turkey in 1998
(E/CN.4/1999/61/Add.1).
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Tunisia
Turkmenistan 
This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.