KNK Bulletin
Transkript
KNK Bulletin
KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 Edition: 2 Date: 2009 February Contents Final Resolutions: 5th International EUTCC Conference on the EU, Turkey and the Kurds Parliament TV Channel goes off the air when Kurdish deputy spoke in Kurdish Intellectuals reacts again TRT’s censure on Kurdish Peace Mothers:PM Erdogan should apologize from Kurds Tuğluk case risks turning into another Zana scandal AKP’s new trick to hunt voter: Voter form DTP doesn’t want tightness in Diyarbakır Erdogan’s meeting is over shade because of DTP’s opening in Batman 394 protesters under the police custody, more than 70 wounded on February 15th Mazlumder issues Turkey human rights report Former Turkish State Minister confesses: The Güçlükonak massacre was conducted by the state The Balance sheet of Human Rights Violations of 2008 in Prisons in Turkey 15 years old boy sentenced to 90 year in prison Diyarbakir Police Prevents Release of Children University punishes 35 students for speaking in Kurdish Number of honour-killings and violations of women rights alarming Kurdish women's rights activist released in Iran Press Release Assembly of PJAK Appeasing Mullahs by selling out Kurds is wrong! Final Resolutions: 5th International EUTCC Conference on the EU, Turkey and the Kurds EP / 28-29 January 2009 -The 5th International Annual conference has brought together contributors from all over the world including leading academics, writers, legal experts, human rights organizations and prominent Turkish and Kurdish intellectuals. While the Conference welcomes the steps that have been taken in reforms since the conference last met, there is still a long way to go to get the process of accession moving again since it stalled in 2007. The title of this conference is 'Time for Change' but the initiative for change in Turkey must not come from within that country alone. The EU must take the lead in finding a peaceful resolution to this ongoing problem. It is essential that all of the groups involved make this a priority if the accession process is to move forward once more. In addition to the above, The EUTCC Conference resolves to periodically make recommendations of measures for the Turkish accession process, the protection of human rights and the situation of the Kurds Pursuant to the presentation of Conference papers and interventions made by delegates, this Conference resolves to adopt the following declarations and calls for action to be undertaken by relevant parties to the conflict in the Kurdish Regions of Turkey. The Conference issues the following declarations: The Conference notes that neither EU nor Turkey has publicly tackled the long-standing issue of the Kurdish issue which is central to the realisation of democracy, stability, and human rights in Turkey. The Conference notes that the 2007 European Commission progress report on Turkish accession found that “no major issue has been addressed and significant problems persist”, and joins with the Commission in urging Turkey to confront these problems; The Conference notes that the 2008 European Commission progress report on Turkish accession took note of “the process underway to prepare a new, civilian constitution; regards it as a key opportunity to place the protection of human rights and freedoms at the core of the constitution; reiterates that a system of checks and balances needs to be established, guaranteeing democracy, the rule of law, social cohesion and the separation between religion and state; underlines the need for a broad involvement of civil society in this process…” The report also expresses concern about “the hostility shown to minorities and about politically and religiously motivated violence; calls on the Turkish Government to…make sustained efforts to create an environment conducive to full respect of fundamental human rights and freedoms” Recalling the resolutions from the 1st, 2nd, 3rd and 4th International Conferences on EU, Turkey and the Kurds, the Conference continues to give its qualified support to Turkey’s bid for EU accession. 1) The Conference takes note of the European Commission’s assessment of the continued downward trend in the number of cases of torture and ill-treatment and the positive effect of the relevant legislative safeguards; however, it is concerned about whether the anti-terror law and the law on police powers will weaken this positive record; 2) The Conference notes the progress made with regards to the efficiency of the judiciary, welcomes the Turkish governments plan to implement a reform strategy designed to strengthen the independence and impartiality of the judiciary and to increase the confidence enjoyed by the judiciary amongst the public; is of the view that this strategy should ensure that interpretation of legislation related to human rights and fundamental freedoms is in line with ECHR standards. The Conference notes with concern that in 2007 the European Court of Human Rights handed down by far more judgements against Turkey for violations of the ECHR than against any other country, including against Russia; 3) The Conference welcomes the declaration of two ceasefires by the PKK on 1st September 2005 and 1st October 2006, and hereby once again calls upon all relevant parties involved in the armed conflict in Turkey to forthwith stop all hostile military operations in the region including Northern Iraq (South Kurdistan) and henceforth pursue non-violent resolutions to the conflict; 4) The Conference notes that though Turkey has made progress in some areas, much work remains to be done, and stresses that the EU must hold Turkey to the standards laid out as criteria for accession, must monitor Turkey’s progress, exert pressure on Turkey to implement further reforms, and most importantly, follow up on these conditions to ensure that concrete progress is made and that any gains made remain permanent. In its turn, Turkey must fulfil its obligations both under international law and as set out in the Copenhagen Criteria. KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 This Conference calls upon the European Union/EU governments to: 5) The Conference calls upon the European Union to strongly and publicly support all EU requirements concerning democratic and legal reform within Turkey; 6) With specific reference to the 2007 European Commission progress report, the European Parliament report on the increasing suicide of Kurdish women in Turkey, as well as recalling the 2005 CEDAW response to Turkish Report to the Committee,) the Conference calls on the EU to ensure that Turkey address the status of all women and girls in the context of international standards, particularly considering the high rates of illiteracy, domestic violence, honor killing, suicide and forced and early marriages in Turkey, for which the lack of requisite services and judicial training fail to guarantee legal protections (and in particular notes the need to address the regional disparity in the position of women through education, literacy, access to meaningful employment, political representation and access to justice); 7) Furthermore, with reference to the above, it requests the European Union to use all it powers to ensure that the Turkish Government develops, in consultation and cooperation with Kurdish women a National Action Plan to implement UN Security Council Resolution 1325. Resolution (S/RES/1325), passed on 31st October 2000, is the first resolution ever passed by the Security Council that specifically addresses the impact of war on women, and women's contributions to conflict resolution and sustainable peace; and requires that women are equal participants in all peace-building measures; 8) The Conference also urges each member state of the European Union to assist —including by earmarking funds— in the creation of a democratic platform for dialogue between Turkey and Kurdish representatives and fully comply with their own freedom of expression obligations in respect of those Kurdish organizations and individuals who are concerned to promote the same; 9) The Conference reiterates that the Governments of the EU should not criminalize peaceful dissent of Turkey echoed by Kurdish organizations situated in Europe and to review its proscription of certain Kurdish organizations, especially in the light of public commitments to the search for a peaceful solution of the Kurdish question within the present territorial integrity of a democratically reformed Turkey; 10) The Conference renews its mandate for its directors, advisors and committees, to engage and campaign on both a political and civic level across Europe in support of Turkey’s accession bid to join the European Union on the basis of this resolution. This Conference calls upon the Turkish Government to: 11) The Conference notes with alarm the failure of certain institutions, including but not limited to the military and the police, within the Turkish State apparatus to adhere to its obligations under the European Convention on Human Rights and international humanitarian law in accordance with the spirit and terms of its own recent reform packages and commitments given under the accession process; in particular, it is dismayed that institutions of the State have continued its military activities, which primarily affect its Kurdish citizens; 12) The Conference notes that it has become clear over the last 30 years that there is no military solution to the ongoing armed conflict in Turkey; 13) The Conference welcomes the fact that in 2007 democracy prevailed over attempts by the military to interfere in the political process; encourages the Turkish government to make further systematic efforts to ensure that the democratically elected political leadership bears the full responsibility for formulation of domestic, foreign and security policy and that the armed forces respect this civilian responsibility; points out the need to establish full parliamentary oversight of military and defence policy and all related expenditure; 14) The Conference notes that there is evidence suggesting that the government and military are trying to influence the judiciary and calls upon the Turkish government and military to refrain from such interference and ensure a free and fair judicial system. Furthermore, the Conference encourages Turkish authorities to pursue investigations into the Ergenekon affair, noting the opportunity for Turkey to investigate cases related to the Deep State, such as disappearances, torture, extra judicial killings, etc., but stresses that relevant rules and procedures should be followed and that impartiality and fair trials should be guaranteed for all without exception; 15) The Conference calls upon Turkey to fully investigate the murders of Hrant Dink and of the three Christians in Matalya, as well as other cases of politically or religiously motivated violence, including full clarification of allegations of negligence on the part of the competent authorities, and to bring those responsible to justice; 16) The Conference expresses its deep concern over Turkey’s employment of articles of the criminal code to prosecute writers, journalists, intellectuals, lawyers and many other defenders of free speech, including articles 215 (praising an offence and offender), 216 (incitement to hatred), 217 (provocation to disobey the law), 220, para. 8 (making propaganda for a criminal organization), 288 (attempt to influence a fair trial) and 301 (insulting the Turkish nation, the State of the Republic of Turkey, Institutions and Bodies of the State) of the Turkish Penal Code; the Conference calls on the EU to ensure that Turkey remove restrictions on freedom of expression from their legal framework entirely; 17) The Conference urges the Turkish government and the parliament to go further in its reform of Article 301 of the Penal Code and deplores the fact that no real progress has been achieved regarding freedom of expression a underlining that further legislative reform, and most importantly, implementation steps will be required to ensure that Turkey fully guarantees freedom of expression and press freedom in line with ECHR standards; 18) The conference calls upon the Turkish government to encourage and support the growth of NGOs and civil society organisations and welcome healthy debate and constructive criticism as natural and beneficial to a vibrant democracy; to this end, the conference is appalled by the current climate of fear and intimidation faced by many in the NGO community, especially those working on human rights; 19) The Conference calls upon Turkey to fulfil its positive obligations under article 10 of the ECHR to promote a positive climate in which freedom of expression can flourish, and to protect writers, journalists, intellectuals, lawyers and many other defenders of free speech from unlawful interference by state and non-state actors; 20) The Conference welcomes the recent adoption by the Turkish Parliament of the Law on Foundations and calls upon Turkish authorities to ensure that the law is implemented in line with the ECHR and the case-law of the European Court of Human Rights; 21) The Conference calls upon Turkey, following the positive step taken with the adoption of the Law on Foundations, to fulfil its commitments regarding freedom of religion by establishing, in line with the ECHR and the caselaw of the European Court of Human Rights, a legal KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 framework enabling all religious communities to function without undue constraints, in particular as regards their legal status, training of clergy, election of hierarchy, religious education and construction of places of worship; calls for the immediate re-opening of the Greek Orthodox Halki Seminary and the public use of the ecclesiastical title of the Ecumenical Patriarch; 22) The Conference is disappointed at the limited progress made in strengthening the social dialogue mechanisms in Turkey and calls upon the Turkish government to fully implement ILO conventions, underlining the need to remove current restrictions on freedom of association, the right to strike and the right to collective bargaining; 23) The Conference underlines its view that the resolution of the armed conflict in Turkey is essential to the establishment of a stable, democratic and peaceful Turkey capable of entering the European Union. True democratic reform can only occur if Turkey undertakes new political reform to its state institutions and banishes adherence to ethnic nationalism which is the root cause of the conflict and Turkey’s endemic instability; 24) This Conference therefore asserts that the Kurdish people and their representatives should be given a genuine participatory role in the accession process and in any debate over Turkey’s democratic constitutional future; Confidence Building Measures The Conference further asserts that more must and can be done on all sides and calls for the following confidence building measures to be adopted; 25) This conference notes that the resolution of the conflict and the constitutional recognition of Kurds in Turkey are central to regional stability; 26) In this respect, the Conference calls upon the Turkish Government to begin a public debate about the constitutional recognition of the existence of the Kurdish people within Turkey; 27) The Conference calls upon all political parties in Turkey to help foster the conditions within Turkey for a democratic platform for dialogue; 28) The Conference urges Turkey to recognize that for democracy to function, it is imperative that local municipalities across the country enjoy the full support of national government; 29) In particular, the Conference calls upon the Turkish Government to ensure that all legally constituted democratic parties are allowed to engage in peaceful political activity without interference or constant threat of closure, with particular reference to the Democratic Society Party (DTP) and its current democratically elected members of parliament; in accordance with Articles 10 and 11 of the European Convention of Human Rights; 30) This Conference calls upon the Turkish Government to immediately cease the harassment and politicallymotivated investigations of Kurdish politicians; 31) The Conference notes the judgements of the ECtHR in several cases, but in particular in the case of Abdullah Öcalan in Turkey, regarding conditions of detention in Turkey. The Conference further calls on the Turkish government to implement CPT (Committee on Prevention of Torture) recommendations on conditions of detention and specifically relating to the health of Mr. Öcalan; 32) The Conference calls on the Turkish government to step up its fight against torture perpetrated outside detention centres and against the impunity of law enforcement officials, and to ratify and implement the Optional Protocol to the Convention against Torture (OPCAT), thus providing for systematic torture prevention and for independent monitoring of detention centres; 33) The Conference calls upon the Turkish government to launch a political initiative favouring a lasting settlement of the Kurdish issue, which can only be based on tangible improvements in the cultural, economic and social opportunities available to citizens of Kurdish origin; 34) The Conference calls on the Turkish government not to engage in military operations in Northern Iraq (South Kurdistan) violating Iraq’s territory; urges Turkey to respect Iraq’s territorial integrity, human rights and the rule of law, and to ensure that civilian casualties are avoided. Furthermore, the conference notes that military operations make it difficult to sustain dialogue with its neighbour, Iraq and its Kurdish Regional Government. 35) In reference to the above, the Conference notes that these are political issues and need a political response, that the military response jeopardizes any gains made in this arena and acts as a deterrent to future improvements, and calls upon Turkey to cease such military activities in Northern Iraq (South Kurdistan). The Conference calls upon Turkey and the EU to: 36) In particular, the Conference urges Turkey and the Member States of the EU to take practical and visible steps to demonstrate their full support for the establishment of a democratic platform for dialogue between all peoples constituting the Turkish Republic; NGO’s and civil society groups specifically should be encouraged and supported to contribute to such a platform; 37) The Conference supports the undertakings by the EU that reform in the area of Turkey’s fundamental rights, democracy and the rule of law must be strengthened in the course of accession negotiations and welcomes the commitment by the EU Commission to continue to monitor the reform process; 38) The Conference reiterates the view expressed in the 2004 - 2007 Conferences, that Turkey has not yet fulfilled the political elements of the Copenhagen Criteria, and reiterates that its support for the accession process is dependent upon the institutions of the EU robustly enforcing accession standards. It further underlines that there can be no further compromises on membership criteria akin to the EU decision to allow Turkey access to the negotiating table for ‘sufficiently’ fulfilling the Copenhagen Criteria; 39) Recalling last year's conference resolution number 10, the Conference calls upon Turkey to ratify the European Framework Convention on the Protection of Minorities as well as other UN Instruments concerning minorities and to respect the existing cultural and minority rights of all groups; and calls on the EU to apply pressure on the Government of Turkey as a potential member of the EU to ratify said Framework; 40) The Conference calls on the EU to recognize that torture is still an administrative practice of the state rather than an isolated practice and forms part of the systematic policy of the state in Turkey, and calls upon Turkey to put a halt to all such practices and ensure the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Conference calls on Turkey to fully cooperate with and implement CPT recommendations with regards to the conditions of detention of Abdullah Öcalan, who has been held for more than nine years as the sole inmate of the prison on the island of Imralı, and recent allegations of torture of detained persons by law enforcement officials and prison officers, as well as the situation of foreign nationals detained under aliens legislation. The Conference condemns these activities and calls for an immediate end to such actions. The Conference calls on the EU to exert pressure on Turkey to KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 abstain from the use of torture as a tool of the state and fully cooperate with the CPT; 41) Recalling Articles 10, and 14, and Article 2 of the first Protocol of the European Convention on Human Rights and Article 8 of the European Charter for Regional or Minority languages, and the Council of Europe’s Parliamentary Assembly’s resolution 1519 of October 2006 on the cultural situation of the Kurds, the Conference reiterates its call to the State of Turkey and the European Union to develop and promote a strategic plan for mother tongue education; 42) This Conference expresses regret with regards to the Turkish government’s initiation of work on the ill-planned Ilısu Dam in August 2006, and the start of the expropriation of land by the Turkish state which threatens mass displacement and loss of livelihood of the area’s inhabitants, the majority of whom are Kurds; endangers the historically important city of Hasankeyf, in an apparent attempt to further disassociate Kurds from their rich heritage and culture; and will, according to several environmental assessment reports, further jeopardize access to water for Turkey’s neighbours and cause irreversible environmental harm; 43) The Conference calls upon the Turkish government to reassess its position and calls on EU bodies monitoring the impact of internal displacement and potential effects of this project on the already overpopulated urban centres of the Kurdish regions, as well as on member governments to put pressure on foreign capital companies to withdraw their investments in the project; 44) The Conference notes that nothing has changed with regards to Turkey’s stance on the Ilısu Dam, consultations, or resettlement of Internally Displaced Persons, and calls upon the EU to abstain from funding or supporting the project; 45) The Conference notes that all evidence suggests that the vast majority of Internally Displaced Persons are unable to return to their villages without government support and also face political difficulties. The Conference notes that the EU could play a vital role in assisting Turkey and exerting political pressure to remedy the situation of Internally Displaced Persons. The Conference calls upon the EU to make this a vital criterion to the accession of the EU, to monitor the situation with regards to Internally Displaced Persons and their conditions, and to follow up on such monitoring. At this critical juncture all actors involved (the EU, Turkey and the Kurds) must take heed of lessons from their past, and act in accordance with international law and humanitarian norms. With this in mind, this Conference calls upon the international community to: 46) To take the lead in formally recognizing the consistent policies of discrimination directed at Kurds, and by consequence, all who live in the Kurdish regions and the resulting economic, political and social problems and make a concerted, visible and tangible effort to support all parties in putting an end to them; 47) This Conference calls upon Iraq and the Kurdistan Regional Government of Iraq to use its good offices to reduce regional tensions. 48) The Conference recalls Turkey’s commitment to good neighbourly relations, and stresses its expectation that Turkey will refrain from any threats against neighbouring countries and resolve all outstanding disputes peacefully in accordance with the UN Charter and other relevant international conventions; Stresses the need to arrive at a comprehensive settlement of the Cyprus question; calls on both parties to use the current window of opportunity with a view to achieving a comprehensive settlement within the UN framework, based on the principles on which the EU is founded; in this regard, recalls its previous resolutions stating that the withdrawal of Turkish forces would facilitate the negotiation of a settlement; 49) The Conference calls on the Turkish government to end the economic blockade and to re-open its border with Armenia; calls once again on Turkish and the Armenian governments to start a process of reconciliation, in respect of the present and the past, allowing for a frank and open discussion of past events; calls on the Commission to facilitate this reconciliation process. 50) This Conference calls upon its directors, advisors, and committees, to engage and campaign on both a political and civic level across Europe in support of Turkey’s accession bid. The Conference calls upon EU bodies and EU member states to support Turkey in its bid to join the European Union, and calls upon Turkey to make a firm commitment to further progress in the areas set out in the above resolutions. The time for change has arrived and opportunities for advancement must not be lost at this crucial juncture. 51) The Conference is alarmed by the decision of the Turkish courts to sentence Leyla Zana, winner of the European Parliament Sakharov Prize for Freedom of Thought, and welcomes the unanimous decision made by the Presidents of all groups of the European Parliament to closely monitor the case and raise the issue with Commissioner Rehn. Parliament TV Channel goes off the air when Kurdish deputy spoke in Kurdish Kurdish Info 24.02.2009Parliament TV Channel goes of the air-live broadcast- when Kurdish deputy and DTP’s cochair Ahmet Türk spoke in Kurdish to salute 21 February Mother Tongue Day. Ahmet Turk said beginning of his speech that “I want to show that mother tongue issue is an artificial element to fear. That is why I’m going to go on my speech in Kurdish” regarding prohibition on Kurdish language in DTP’s group meeting in the Parliament. In his Kurdish speech he pointed that developing multicultural environment goes with multilingual and he said: There is Kurdish broadcast on TRT 6 without any legal base. Kurdish is forbidden for Kurds but AKP and the State.” People who were attended in the meeting applauded Ahmet Turk’s and Parliament TV’s live broadcast from Turkish Grand National Assembly or TGNA went off the air just in a couple minute after his beginning of the speech. Turk answered reporters’ question after his speech: “If PM R. Tayyip Erdogan speaks in Kurdish, why I shouldn’t. I do speak Kurdish since PM speaks. I just talk about richness and goodness of languages in my parliament speech. If this is not allowed, women who wear turban also shouldn’t be allowed appearing in the Parliament,” he said What Kurdish MP Said in Mother Tongue Kurdish MP Ahmet Türk said, “They are spreading the propaganda that Kurdish is freely spoken. We wanted to see whether this was true.” This led to Türk speaking Kurdish in a party group meeting of the Democratic Society Party (DTP), of which he is cochair, in parliament. The state TRT 3 channel which broadcasts live from parliament was ordered to halt broadcasts by Parliament Speaker Köksal Toptan when it was realised that he was speaking Kurdish. Following the speech made on 25 February, Türk’s press advisors handed out a Turkish translation of the Kurdish text. It has here been KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 translated into English: “21 February is International Mother Language Day. Language is very important in Kurdish history. Because the Kurds who did not know any languages apart from their own were put under a lot of pressure. During the military coup, the state arrested many people and put them in prison. I was also arrested. Our families came for visits, and they wanted to talk Kurdish, because they spoke no other language. But because they knew that if they spoke Kurdish it would create problems for us and them, and that we were beaten for it, they could not speak. Sometimes we defied the ban and said ‘how are you mother?’ because we wanted them to go home without their hearts broken. Later we paid for it and were beaten. At that time I promised myself that one day, I would speak my mother tongue at an official meeting.” “The Prime Minister is praising his party and their projects on TRT 6 (the newly set up state channel broadcasting in Kurdish). But when members of the DTP greet others in their own language, they are taken to court. They are investigated. When a mayor speaks to his people in his own language, he is taken to court. But when the Prime Minister speaks Kurdish, no one says anything. We find this wrong, hypocritical. What the Prime Minister has done to make the language free, we wonder.” “8 March is approaching and I want to extend my congratulations to all women for this day. The DTP is an important step towards Kurdish women and women all over the world participating in political, cultural and economic life. Kurds have long valued women highly. Our Kurdish ancestors said this years ago, ‘A lion is a lion, neither male nor female.’” “21 March, Newroz, is also approaching. Newroz stands for enlightenment and peace. It is the rebellion of people against oppression. Our people will celebrate Newroz with great joy. I wish our people success for that day.” “Not much time is left until the local elections on 29 March. These elections are very important for us and for providing peace. I believe that our friends and our people will make appropriate efforts.” “The honourable Erdogan was in Diyarbakir a few days ago, together with the honourable Kutbettin Arzu (Diyarbakir AKP MP). Erdogan called Arzu an ‘atom ant’. I wonder what Arzu has done for the Kurds. He only went to the parliamentary podium once, when he was sworn in. How then can he be an ‘atom ant’? I think he is at most a quiet bug.” “Here I would like to read you part of a poem by the Kurd Cigerxwin: If you never sit side by side If you never look on conversations with a smile If you never add pleasure If you do not build dialogue If you do not understand each other Then there is no beauty left in life. Intellectuals reacts again TRT’s censure on Kurdish Intellectuals reacts again TRT’s censure on Kurdish. TRT’s Parliament TV Channel live broadcast had been gone off the air when Kurdish deputy and DTP’s co-chair Ahmet Türk spoke in Kurdish to salute 21 February Mother Tongue Day. Regarding censoring of Ahmet Turk’s Kurdish speech in the Parliament by TRT intellectuals and journalists, who used to account the Kurdish Channel TRT6 as an opening out, considered this censure as despotism. Erol Katircioglu, Author and university lecturer in the Bilgi University: Development has to be supported by laws. It is a problem which has to be resolved. Government opened the TRT 6 due to meet the Kurds neediness. If so, laws have to be changed to lift this contradiction. AKP and DTP have to settle a rapprochement. This would be a step for further expansion on Kurdish. Hakan Tahmaz, member of Peace Assembly of Turkey’s Executive Council and journalist: To go off the air during Ahmet Turk’s Kurdish speech is an unlawful act since TRT broadcasts PM’s Kurdish speech. As we can see in this case every one can speak Kurdish other than DTP. TRT is a state run TV and a bureaucrat for AKP. AKP said with this censure that “I can do but DTP cannot.” This is unacceptable action. You cannot practice democracy in arbitrary way. You need standards. Mahir Kaynak, author and former head of National Intelligence Organization: You need the rules in order to edit these kinds of issues. Kurdish is a political issue and politician has to solve this issue in politic way. TRT is just a tool. If there is no rearrangement on this case problems wouldn’t be solved. Going off the air is the act we met first time. I believe in it is going to be solved after some discussion. Osman Kavala, businessman, economist and counselor of TESEV: Ahmet Türk has had a symbolic action. Kurdish has some barriers to be spoken in the official area. Even though there is Kurdish broadcast on TRT 6, no means all restrictions have been lifted. I hope this speech would be a reason for government to make serious arrangement due to lift restrictions for using Kurdish. Ali Bayramoglu, journalist: This is definitely a despotic act against other, also shameful behavior. Laws which have to be reorganized are not enough for this kind of conditions. Peace Mothers: PM Erdogan should apologize from Kurds DIHA 26.02.2009- PM Erdogan’s electioneering tours around Kurdish majority areas continues among act of protests. Tomorrow Erdogan will be in Van where he will be not welcomed by people as well as in Diyarbakir. Peace Mothers Initiative and DTP had press release in Van and in some towns around Van such as Ercis and Baskale in the context of Erdogan’s visit. It is said in the meeting that if Erdogan going to insist deadlock policy on Kurdish issue, he is not welcomed. He should apologize because of his Kurdish approach. DTP deputies Özdal Üçer, Fatma Kurtulan ile a member of DTP Central Executive Board Hüseyin Cengiz had meeting in the party building. Hüseyin Cengiz marked in his speech Erdogan’s Kurdish policy saying; his policy is just for continuing other governments’ rejection and destruction policy on Kurdish. We have witnessed for years this policy particularly when police and soldiers were using their power on Kurds during Newroz celebrations. His coming to Van is a provocation. Moreover, Peace Mothers Initiative also organized a meeting to support Ahmet Turk’s, who spoke in Kurdish, action in the Parliament and to call on PM Erdogan to call off coming to Van. They said in the meeting; “we are supporting Ahmet Turk for speaking in Kurdish and we do not want Erdogan to come our city. How he can look at our faces after his hypocrite policy. Also DTP Ercis branch members and executive board organized a meeting and announced that people in Ercis do not want to see Erdogan in their city. They say Erdogan is announced as persona non grata by the region’s residents. We do not accept Erdogan as our PM since there has been nothing done for Kurds. During the statement participators have chanted slogan as “Killer Erdogan Get out of Kurdistan”. Another protest against Erdogan’s visit to Van was in KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 DTP’s Baskale branch building. Protestors have showed their reactions against Erdogan by chanting slogans as well. Common slogan was “Killer Erdogan Get out of Kurdistan” in Baskale. Tuğluk case risks turning into another Zana scandal Bianet-A prison sentence handed down to pro-Kurdish Democratic Society Party (DTP) deputy Aysel Tuğluk is strongly reminiscent of an earlier incident that had turned Leyla Zana of the Democracy Party (DEP), a DTP predecessor which was shut down by the State Security Court (DGM), into an international object of attention and a symbol of martyrdom in the name of freedom of expression. The Tuğluk case is likely to embarrass Turkey, an EU candidate country, in the international arena. Tuğluk was sentenced last week to 18 months in jail over a speech she gave on May 16, 2006 at a party congress. Tuğluk now runs the risk of losing her parliamentary immunity despite the Constitution and laws guaranteeing her that immunity. Speaking as a co-chairperson of the DTP on May 16, 2006 at her party's Batman Provincial Congress, Tuğluk had said: "The prime minister tells us to denounce the PKK as a terrorist organization. Only then, he says, he will talk with us. This problem won't go away if we declare the PKK terrorists. Those people you consider terrorists are heroes for some. If we call [PKK leader] Abdullah Öcalan a terrorist, we won't be able to face our people. The Kurdish people have chosen waging a democratic struggle. But if you don't give a people the right to even develop their own language as they want, that policy of yours will create fertile ground for violence." The Diyarbakır 4th Higher Criminal Court started legal action against Tuğluk over her words at the Batman congress in 2006, but the trial process was frozen since Tuğluk is a parliamentary deputy protected by parliamentary immunity. However, the Supreme Court of Appeals, going against all established legal precedents, overruled the suspension of the case and Tuğluk's trial resumed. Tuğluk was sentenced to one year and six months in jail under Turkey's anti-terrorism laws. The court did not reduce Tuğluk's sentence, arguing that there was insufficient evidence that a future repeat of the offense would be avoided. Tuğluk's situation will now be taken up by the Parliament Speaker's Office. The stance of Parliament Speaker Köksal Toptan will be of utmost importance in this process. Legal experts say that under normal circumstances, no trial process should have taken place before Tuğluk's shield of immunity was removed by a parliamentary decision according to Article 83 of the Constitution. The decision is to be submitted shortly to the Parliament Speaker's Office, which also goes against previously established legal tradition. Normally, a case regarding the removal of parliamentary immunity is first sent by the Justice Ministry to the Prime Ministry and then to the Parliament Speaker's Office, which, traditionally, would send such a case to the Joint Constitutional and Justice Commission. This commission, however, has since 2003 always left such immunity removal cases to the end of the parliamentary term. Typically, the sentence of a parliamentary deputy can only be carried out once the person's term in Parliament is over. The immunity of a deputy can only be lifted by a majority vote in Parliament. However, in Tuğluk's case, none of these requirements were met. The ruling is a "forced" one, according Constitutional Law Professor Ergun Özbudun. "The Constitution says that if there is a conviction, it should be left until after the person's term as deputy ends. Also, there is Article 84 of the Constitution. There is going to be some controversy about what will happen in Tuğluk's case at this point." He said the court ruling was referring to Article 14 of the Constitution, which suspends normal immunity rules in certain cases, and added: "Article 14 has a very wide scope. You can pretty much include everything on it if you push hard enough. I think what she has done cannot be included under 14." He said the Constitution itself was causing part of the problem. He also noted that the parliament speaker will have to pursue legal action once the case reaches him. Speaking to Today's Zaman on her sentence, Tuğluk said: "We won't be silenced by such sentences, nor can the Kurdish question be solved like this. Did the problem end despite the thousands of sentences handed out so far? Maybe we are expressing things that people are not very pleased to hear to solve the problem. But the DTP is in Parliament to solve the problem through peaceful and democratic means." "I am saying that there is no good in calling the PKK terrorists. To the country, such realities should be made into part of the solution. I take this decision as targeting my party and freedom of expression. If it is going to solve the problem, I would be happy to be sentenced to 50 years. But these convictions won't end the Kurdish question. We have to accept different ideas within the limits of democracy. I renounce this ruling as such," she said. What's next? Tuğluk will appeal the ruling at the Supreme Court of Appeals. If the high court approves the Diyarbakır court's ruling, Tuğluk will have to go to jail, making this the first time in history that a deputy will have been sent to prison without her immunity being removed. However, Tuğluk's lawyers insist that she can be jailed only after her term in Parliament is over. AKP’s new trick to hunt voter: Voter form Mekiye Gonenc 13.02.2009-AKP prepared so-called an opinion research for measuring Kurds reaction on the Justice and Development Party or AKP because of the incoming local election. Absurd thing about this research form is the questions such as “Who are you going to vote?” or “What do you need as household stuff?” It seems that AKP set up whole election strategy on providing household stuff and Batman’s governor Recep Kızılcık is helping AKP by insisting to give away households for poor people said Bengi Yıldız, Batman deputy from DTP. By the way Batman’s residents are reacting against AKP’s women who are visiting houses in company with the police protection. DTP’s Batman deputy Bengi Yıldız, considered this practice to create special war system in the region by AKP. “Kurds’ free will tries to be changed by giving away some household stuff like TV or wash machine or refrigerator. Important thing is, Kurds have to know that people who are giving away the stuff to the region residents, are part of serial mentality which was the reason for killing our people including children on the middle of the street at the pass. Those were the governor or chief of police department at that term,” he said. In addition he particularly pointed out that that stuff, which poor people deserved to be owner of them, have been bought by people money and our tasks and now AKP try to use our money as bribe in order to change Kurds’ free will. He also said; this will KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 be never happen. Kurds have never changed their decision because of AKP’s so-called social state solidarity which is discovered just before the election. DTP doesn’t want tightness in Diyarbakır We do not want stress in Diyarbakır says DTP’s co-chair Ahmet Turk in meeting with the press. There is nobody who try to hypothecate people’s will or intimidate people by police force can be accepted by people. We are telling Mr. President that our people have had cultural and identification requirements and they are economically poor. Can you answer these expectations, asked Turk in his statement giving during the meeting. DTP’s co-chairs Ahmet Turk and Emine Ayna, Diyarbakır Metropolitan Mayor Osman Baydemir, Acting President of DTP Group in Parliament Selahattin Demirtaş, DTP’s Diyarbakır deputy Aysel Tuğluk and other mayors have gathered and have a breakfast with the press for evaluating PM R. Tayyip Erdoğan’s visit to Diyarbakır. Ahmet Turk pointed that PM’s actions and implementations in the region are tightening the atmosphere such as employing all kind of obstacle to blockade DTP’s election work. Opportunities have to be used equally other wise people’ reactions has to be understood. An approach which is equal and fair has to be admitted by PM and AKP administration in order to eliminate stress in the region, said Turk in his speech. Regarding police attacks on people in Diyarbakır event Turk said that: According to Diyarbakır Governor there were no gas bombs had been thrown on the protestors or police didn’t use excessive force. No need to say these explanations are not right. This approach and evaluations have terrorized DTP and created tight atmosphere which is not favourite for election. Government has to respect people’s will. Otherwise people have to resist against this understanding. Matter of the fact we need dialog which helps us to see the issues through other visions. That is why Mr. PM has to listen us and watch the records from Diyarbakır incidents and then he can make decision about who is lying. If people out for their demands you cannot take their will under the hypothec. Neither of us can hypothec these demands. You need to tell us and our people about what are you going to do due to lift poverty, due to answer people’s identity and cultural demands. DTP’s Diyarbakır Mayor will not meet PM Erdoğan. Diyarbakır Metropolitan Mayor Osman Baydemir said; if PM going to visit Diyarbakır as a chair of AKP, there is no need to meet him as PM even according to the protocol. I’m not going to go to meet him. Erdogan’s meeting is over shade because of DTP’s opening in Batman DTP almost made a show of strength in Batman, against PM R. Tayyip Erdogan’s visit. It is seen that Erdogan’s meeting was over shade because of the DTP’s election office opening. Former DEP deputy Leyla Zana has attended the meeting also. People presented a riot of colors by their flags and colorful dress and enthusiasm by slogans and cheers during the meeting. There are also Abdullah Öcalan’s posters have been carried by attendees. DTP managers, mayors and mayoral candidates had speech including Leyla Zana which met great enthusiasm. Leyla Zana said; we have 30 years struggle heritage and we are never going to give our rights or acquisitions. We wont our voice is heard. People are going to show their decision on 29 March by their votes. We do not have NATO or IMF, thousand years state either. Kurds will is in Imrali island. Others has to hear this voice. 394 protesters under the police custody, more than 70 wounded on February 15th Kurdish Info 16.02.2009-Some part of Turkey particularly Eastern Turkey is become battle field by the police’ brutal intervention such as snow masked police’ raid on houses, extraordinary anger on protestors, using superfluous gas bombs etc. on 15th February, when there have been serial demonstrations to protest 10th anniversary of PKK leader Abdullah Öcalan’s imprisonment. Total number after the incidents settle down is; 394 people under the police custody, more than 70 others wounded. Here are the detail; BATMAN: 80 people have been under the police custody, more than 10 others wounded. ŞIRNAK: 49 people had been under the police custody, 4 of them arrested, 8 wounded including 4 police officers. MARDİN: 69 people have been under the police custody, 8 others wounded including 6 police officers.. DİYARBAKIR: 38 people have been under the police custody, 23 others wounded including 3 police officers. SİİRT: 10 people have been under the police custody, more than 10 others wounded including some police officers. MERSİN:17 people have been under the police custody, a women wounded ADANA: 35 people have been under the police custody. VAN: 20 people have been taken under the police custody, 6 are still under the police custody, 3 others wounded. HAKKÂRİ: 7 people have been taken under the police custody, 17 others wounded including 9 police officers. YÜKSEKOVA: 23 people have been under the police custody, 12 are still under the police custody, 2 children wounded. İSTANBUL: 44 people have been under the police custody, 6 are still under the police custody, 1 wounded Mazlumder issues Turkey human rights report TZ 25.02.2009-Mazlumder issued its annual human rights report on Turkey.According to the annual report published by Mazlumder (Foundation for the Human Rights and Solidarity for Oppressed People) showed that Turkey's human rights record had worsened last year. In 2008, 29 people had been the victim of extrajudicial execution and 343 people's murderers were not found. 25 people, also, has become the victim of honour killing. Moreover, in 2008, 207 people were tortured and 10 people died in prison. The foundation described Ergenekon probe as a historcial chance in order to shed light on the extrajudicial executions. According to Mazlumder, the worst case of 2008 was the annuling of the law concerning the free entrance of students, who wear headscarves, to the universities. Mazlumder criticized the annuling in terms of reasons, saying it is "not lawful and an excess of power." Resistance against freedom of expression Mazlumder said that the judiciary resisted to the application of freedom of expression in Turkey. It is expressed in the report that "Republic of Turkey guaranteed to the KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 national and international community, by signing the European Convent ion of Human Rights, that it will obey the rules concerning human rights. Turkey also accepted the jurisdiction of European Court of Human Rights." The ban on youtube was also criticized in the report. "Accreditation" ban against journalists by Turkish Army had been another problem that conflicts with the freedom of press, the report cited. Turkish Army was criticized for applying pressure to Taraf, a daily, which harshly challenged the passiveness of Turkish army on a Daglica case, where 12 soldiers were killed by PKK. Beside bureaucratic and governmental problems, Turkish media itself also caused numerous human rights breaches, according to the report. " "As examples, daily newspapers of Hurriyet, Vatan and Milliyet degraded the women who wear their local and traditional clothes at a ceremony as 'reactionary'." The report listed 18 breaches of human rights in Turkish media. Mazlumder, in addition, touched upon the right of sanctuary and refugees. The rep ort said "Turkey refused to accept the refugees, most of whom came from non-European territories since Turkey signed 1951 Geneva Convention on Refugee Law with reservation. Turkish refugee law includes articles, which violates the right of asylum, should be renewed in the manner that it would protect the rights Understanding of strict secularism The biggest part of the report was attributed to the problems regarding freedom of religion and conscience. Mazlumder concluded the report, saying "the understanding of strict secularism that is being implemented in Turkey. Due to this kind of secularist opinion, state controls the religion in Turkey." The headscarf ban continued to exist. The law which amended the constitution in favor of students who wear headscarves, was annuled by the Constitutional Court unlawfully and by excess of power. The demonstartions for the freedom of headscarf lasted in Turki sh cities of Kocaeli, Sakarya, Ankara, Van and Akyazi. But, all efforts to lift the ban was halted by the Constitutional Court, military bureaucracy and the main opposition party CHP (Republican People's Party). Nearly 35 universities, including prestigious Bogazici and Middle Eastern Technical University did not accept students with headscarves. The report said "the Rector of Istanbul University, which is 555 years old, Mesut Parlak told that they would not give the deserved grade to headscarved students if they insisted the demand for entering to the university as headscarved". Not only Sunni Muslims, but also Christian minorities became victims of violent attacks against them, according to thr report. "The cases of Malatya Zirve Publishing House and Hrant Dink, a famous Armenian journalist, continued without reaching out a final resolution. Some state official's cooperation was proven, but it was not possible to birng them in front of the court", the report said. The report stated, "Christian minorities, except Greeks, Armenians and Jews, are not officially recognized as minorities. Those groups are Suryanis, Yezidis, Bahais, Jehova's witnesses and other small communities. Orthodox Christians has faced some problems as well. The long enduring indifference to Heybeliada Cleric School and Orthodox Patriarch's ecumenical claims are not recognized by Turkish state." "Alevis also witnessed the breach of their rights. State has not officially recognized Alevi identity and continued its pressure upon them. The problems continued regarding the construction of cemevi, a place for gathering and pray for Alevis. State institutions do not help, and even, in some cases, do not permit the construction of cemevi," said the report. Former Turkish State Minister confesses: The Güçlükonak massacre was conducted by the state KurdishMedia.com 16.02.2009 -The former state minister responsible for human rights, Adnan Ekmen, had important statements about the Güçlükonak massacre. These statements shed light on the reasons for leaving the Kurdish question unresolved and point out the who provoked, and why, the declared ceasefire. The confession came after 13 years The minister responsible for human rights in the 52nd government, in which Tansu Çiller was prime minister and Deniz Baykal was foreign minister, Adnan Ekmen made statements to Yeni Aktüel magazine by saying, "My conscience makes me uncomfortable": "Although we knew the background of the event, unfortunately we could not explain it to the public. According to the hearings from the region and from the relatives of the people who were killed, we realized that the situation was not the same as the security forces were talking about. The event that took place was in a location where the security forces had full control anyway; It was impossible for PKK to conduct an operation. Yet the ID cards of the murdered were in the hands of the security forces, people were burned; however, somehow, their ID cards were never damaged. Apparently the people who burned them took their ID cards before burning them. To me, this was the point that exposed them. "We sat and talked about what we could do together with the ministry’s bureaucrats. I called a village guard chief and tribal leader who I trusted, and told him what I had heard. He said to me.” I cannot lie to you; whatever you heard is true. The official statement of the security forces does not reflect the truth.” I asked him whether he would be willing to tell us the truth if we went to Güçlükonak.” This is not possible. If we tell the truth we cannot protect ourselves, and neither can you,’ he said. After he said that we changed our minds about going to Güçlükonak. "I offered Deniz Baykal the things that I knew, to tell Prime Minister Çiller. When he said.” It is up to you, but the Prime Minister is very busy nowadays “I changed my mind." "I told the event to the chairman of CHP, of which I was a member, and I told him that I wanted to share what I heard with the public. He asked me why they were putting the blame on PKK. In Europe there would be a very important vote about the Kurds. By blaming this incident on PKK, I said to him that they might want it to give a message to the association which would hold the election." First ceasefire, first provocation Özal wanted it, a ceasefire was declared. President Turgut Özal conveyed his ceasefire demand to PKK through the PUK leader Celal Talabani. The Kurdish people’s leader, Abdullah Öcalan, responded to Özal’s demand positively. On 17 March 1993 in Lebanon’s Bar Eliyas town, KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 Öcalan and PUK leader Celal Talabani, as mediator, came out in front of the press and declared a 25-day ceasefire. Özal expressed his satisfaction to Talabani, who visited him after the ceasefire, by saying: "For ten years it is the very first time I slept peacefully." After Özal’s positive reaction, one day after the limited ceasefire, on 16 April, in Bar Eliyas, Öcalan came out in front of the press one more time and declared that they had extended the unilateral ceasefire indefinitely. Özal’s suspicious death and the 33 soldiers incident Özal, who had sympathy for most of the demands that were mentioned in the ceasefire, including a general amnesty, died suddenly, one day after the indefinite ceasefire, on 17 April 1993. It was stated that Özal suffered a heart attack. However, many people, primarily his family, and including Öcalan, said "Özal was murdered". On 24 May 1993, the news of the massacre came. Şemdin Sakık, who blocked the Bingöl-Elazığ highway and killed 33 unarmed soldiers, declared the end of the first ceasefire. Öcalan said that incident of the murder of 33 soldiers was not related to them [PKK] and he refused to take responsibility. Öcalan mentioned this truth many times on İmralı and he called for the enlightenment of this incident. Second ceasefire, second provocation This time Çiller wanted it. After Özal’s death, Süleyman Demirel became president and Tansu Çiller became prime minister. Çiller sent a letter to Öcalan, again through Talabani, and wanted Öcalan to declare a ceasefire. After that, PKK declared the second unilateral ceasefire on 15 December 1995. 11 villagers were raked with gunfire and burned One month after the ceasefire, on 16 January 1996, this time the news came from Şırnak’s town, Güçlükonak. The Koçyurdu minibus, which contained 11 villagers, was raked with gunfire and the corpses were then burned. The general staff and government officials declared the operation was conducted by PKK. PKK, on the other hand, defined the incident as "provocation through state-related contra groups" and despite this incident, declared the "continuation of the ceasefire". However, for the very first time the general staff took journalists, including foreign journalists, to the scene and made anti-PKK statements. However, the general staff did not let the journalists talk to the villagers. Intellectuals blamed the state The Together for Peace Working Group members, intellectuals, and journalists, went to the scene twice and found clues. They focused on the fact that the incident was related to the state. They sued, however not only did they receive no result, but also they were countersued by the charge of "insulting the army" and were convicted to ten years in prison. Two days after the massacre, the EU parliament would assemble for a ceasefire During the Güçlükonak incident, the European parliament had assembled for an important agenda. Turkey conducted its military operation despite the PKK’s unilateral ceasefire. However, the ceasefire issue became a hot debate in the international arena. The European parliament called PKK and Turkey for a democratic solution to the Kurdish question on 13 December 1995. The ceasefire decision was given as a response to this call. In fact, a proposition related to Turkey was accepted unanimously during the 18 January 1996 session. One of the articles in the proposal was about the ceasefire: "The European parliament greets the unilateral ceasefire declared by Öcalan and accepts this initiative as a positive response to the European parliament’s decision on 13 December 1995. At the same time it [the European parliament] hopes Turkey considers this gesture as a step towards a peaceful solution and accepts it as an opportunity to initiate a national-level dialog to overcome the problem in the Eastern Anatolian Region." Just two days before the meeting at which this decision was made, the Güçlükonak massacre took place. Villagers were detained It was revealed that some of the villagers who were murdered were detained and were held in the Takonak Jandarma Battalion, and some of them were taken from their homes on the day of the incident. Among the people who were killed, Halit Kaya’s daughter from Yata’ankaya village, Ramazan Oruç’s son, and Ali Nas’s nephew from Çevrimli village had previously joined the PKK guerrillas. Third ceasefire, third provocation Everyone wanted a ceasefire Prime Minister Erdoğan made moderate statements related to the Kurdish question in 2005 and showed attempts to make PKK declare a ceasefire. Many parties, including the US, the EU, KDP, PUK, AKP and DTP, made various attempts toward this issue. On 1 October 2006, PKK declared a ceasefire. However no improvement was made after the ceasefire. Massacre in the first year of the ceasefire One year passed and the ceasefire was still in effect. On 29 September 2007, the news of the massacre came from rnak’s Beytüebap. Twelve people in a minibus going to Beşağaç (Hemkan) village were ambushed. The general staff and the government made a statement that "PKK did it" about the massacre, which resembled the Guclukonak incident. PKK on the other hand declared that "the massacre was committed by JITEM, which is linked to the army". Villagers also said that the incident was conducted by village guards and JITEM; the information received confirmed this claim. After this date, not only did the hope for a solution to the Kurdish question weaken but it was also the start of the cross-border operations. Thus the policies of violence entered a new stage. Kaplan: The state prosecutor must act DTP’s rnak parliamentarian Hasip Kaplan expressed his views regarding the statements made by the former minister responsible for human rights at that time, Adnan Ekmen, and wanted the state prosecutor to take action. Kaplan said, "The investigation and evidence previously found by the intellectuals and the NGOs is today confirmed one more time by the statements of someone who has been at the ministry level. The prosecutor must immediately begin an investigation, listen to Minister Ekmen, the intellectuals, and the NGOs who have previously made such investigations. Because this is a massacre case, a case of provocation, the case must be reopened." Mentioning that they would take this issue to the parliament’s attention, Kaplan said: "Previously we had given question and investigation proposals to the parliament regarding extrajudicial murders and massacres. We are going to keep a close eye on these. We will bring up this incident too." Ozgur Gundem The Balance sheet of Human Rights Violations of 2008 in Prisons in Turkey Human Rights Associations -According to the “Report on Prisons”, which has been prepared via examining the KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 applications to the Headquarters and 29 Branches of the Human Rights Association (IHD) between 01 January and 31 December 2008 and scanning the press in Turkey, there are 3519 violations in different categories and 37 people lost their lives in the prisons in Turkey during this period. Categories of violations: Torture and Ill-Treatment 333 Violation of Right to Health 462 Violations due to Nutrition, Heating and Physical Conditions 64 Violations due to Disciplinary Proceedings 1602 Obstacles to Speaking and Communicating in Kurdish 323 Violations in regard to Transferring Prisoners to Health Services/Institutions 95 Arbitrary Implementations (Prohibition of Books, Letter and etc...) 363 The Circulation Numbered 45/1 and Its Implementation (Isolation) 70 Body Search and Problems in regard to meeting with family members and lawyers 39 Other Violations 168 TOTAL 3519 applications. 15 years old boy sentenced to 90 year in prison DIHA 28.02.2009- One more case is added to children’s rights violation issues in Turkey by Yakup Turgut’s, 18 years old boy, punishment which is 90 year jail sentence for 5 different events. Turgut had been arrested 22 September 2006 allegedly relation with armed attack on police station on 17 September 2006 where 2 police officers had died 2 others wounded. He was 15 years old and a first grade student in high school. He is staying in Van F Type Prison since than. Turgut has being tried in Van Heavy Penalty Court Number 4 for 5 different accusations as two times felonious homicide and malicious injury, keep explosive material, keep organizational document and membership for an illegal organization. According to his statement in Court his house located near the attacked police station had been raided in the middle of the night by police and explosive material had been put in house by police at that night. During the process of trial there have been other people who caught related with the same case and statements on the case which have not related with Turgut, people have been surprised by the court’ verdict. According to the court verdict Yakup Turgut, who was 15 years old when the case occurred, has been sentenced to 90 years in prison and 4.500 TL fine. Taner Polat, lawyer for Turgut, said; I was in a puzzle when I heard the verdict. We proved with concrete evidences in the court that my client doesn’t have any relation with this case. This verdict is a personal attitude which is against laws. Besides that this is the heaviest punishment we have ever faced. We are going to appeal it. He was 15 years old when the incident occurred; said lawyer and added; Even though if we think one moment that he is committed mentioned crime he needs to be trailed by juvenile court instead of Heavy Penalty Court. I believe that Supreme Court of Appeals is going to correct this tragic mistake and he is going to be acquitted. Diyarbakir Police Prevents Release of Children Erhan Ustundag 27.02.2009- Ten children who participated in protests in Diyarbakir during the visit of Prime Minister Recep Tayyip Erdogan on 20 October 2008 are on trial, but their hearings have again been postponed.On Tuesday, there were two court hearings in Diyarbakir. Human rights activists who have come together as the Initiative for Justice for Children came to the city in the southeast of Turkey from Izmir, Istanbul and Ankara to join local activists of the Initiative. The Initiative reiterated its demand for the release of the dozens of children who were arrested in different provinces and at different times for taking part in protests. It has also called on changes in the regulations that make such arrests possible. The first trial hearing took place in the morning. Six children who had been released in December 2008 after being detained for two months, stand accused of membership in an illegal organisation, namely the illegal Kurdistan Workers’ Party (PKK). Need for more comprehensive report The court case was closed to the press and public. The court listened to an expert report prepared by Ümit Biçer, head of the forensic medicine department at Kocaeli University. In the report, which the defence lawyers had asked for, Biçer concluded from examining the files that the children were too young to realise the crime they were accused of or the consequences of taking part in protests. Biçer criticised earlier reports for only taking into account the mental state of the children and said that experts from different disciplines had to carry out a comprehensive examination.When the prosecution approved of this, the court postponed the case until 12 May in order to give the lawyers time to create a social examination report on the children. Police statements considered sufficient proof Canan Atabay, lawyer for the children, told bianet that if the court demanded a new social examination report and if it was carried out by a deputation of experts, that this could create a precedence for other cases.The lawyer added that four children were arrested for taking part in protests purely on the statements of police officers, without any further proof. According to the expert’s report, one of the other two children was also not filmed on the police video, and it was “doubtful” whether the last child was filmed either. Detention of two children to continue In the afternoon, the trial of four other children continued. Because they are aged 15-18, they are being tried before a Special Heavy Penal Court, which has taken the place of the State Security Courts. Two children are being tried without detention, but it was decided to continue the detention of the two other children. Despite the fact that there is no proof beyond the statements of police officers as to the participation of the children in protests, the three judges refused a demand for the release of the two children. In addition, the court sent an indictment to the school of two children in order to support a disciplinary investigation into their behaviour. The court case has been deferred until 24 March. Children tried as adults The Justice and Development Party (AKP) government made an amendment to the Anti-Terrorism Law (TMY) in 2006, allowing children aged between 15 and18 to be tried as adults concerning charges defined in that law. As such, just participating in an event called by the PKK results in charges of "membership to a terrorist organization", foreseeing harsh penalties.The amendment came after wide spread protests in Diyarbakir and other cities with a majority Kurdish population.Rights activists demand an alteration in law, to KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 bring the existing practice in par with international standards on child criminal justice system. Hundreds of children on trial and/or sentenced Only this year, more than 100 children were taken into custody during protests in commemoration of the arrest of PKK leader Abdullah Öcalan on 15 February ten years ago. In 2006 and 2007, 1,572 children were put on trial on charges under the Anti-Terrorism Law and the Penal Code. During the same time, 174 children were sentenced, 92 of them in Diyarbakir. Other trials will continue in March, too. University punishes 35 students for speaking in Kurdish Ersin Celik 27.02.2009 - A group of Mersin University student has held a ceremony for the International Mother Day in the campus. One of students Onur Ender Kuntes performed a symbolic Kurdish lessen during the ceremony. University administration showed this symbolic lesson as a criminal act and punished him and also others who were listening to the lesson. Kurdish is described as so-called on the administration’s notification which is paid attention as an academic institution. Furthermore Kurdish has been written ‘kurdish’ again and again on the notification instead of Kurdish as a word should be written by capital letter according to the Turkish Language Institution’s rules. Student Cihan Çelik said that we performed this ceremony to make point for restrictions on Kurdish language and University administration proved us that we are very right about our worries about restrictions on Kurdish. AKP’s extensions and practice are very different. These punishments show us there is a lot of way to go to make speaking Kurdish free. Number of honor-killings and violations of women rights alarming Aysel Ertunc 18.02.2009-Gonca Özkan had been exposed violence by her husband. She left her house with her 17 years old daughter Gonca Özkan and harbored in police station where she officially complained about her husband. They have been found death on 3 February, 2009, after police sent them to their house instead of taking them under protection. This common tragedy draws the attentions of alarming number of honor-killings and violation women rights particularly in the region. 21 women had been killed around Van between 2004 and 2009, 2667 women imposed in psychological, 2067 others verbal and 3630 women physical violence, while 1753 women imposed in sexual harassment and incest between 1997 and 2008 also around Van. There are also other numbers allegedly tree times more than reported honor killing, which officially recording is almost impossible, about forcibly committed suicide because of the honor issue. Common point in women deaths is mostly domestic violence. Usually no problem if women remain silent against to be beaten, abused or other kinds of rights violation. Women usually have been killed, when try to be against their husbands’ violence or other kinds of abusive act as sexually or physically. KGülay Ertunç, KAMER –Kars Women Centerrepresentative in Van, said women deaths have been based on patriarchal system which creates man-dominated environment and women killer can be every were because of this understanding. Each woman who is between 13 and 45 years old are potentially in danger of being killed. Besides numbers or reasons given on the above, women would being killed by any reasons or by any close relatives under the name of honor killing in Turkey particularly eastern part of Turkey. Here is some examples occurred in Van between 2004 and 2009 Nazime Alır, 27, had been burned by her husband on June 2004 in Muradiye. Husband used honor as an excuse for murder in order to decrease punishment. Zülfinan Bayçınar, 24, had been killed for rejecting her husband’s second wife in June 2005 in Muradiye also. Zahide Camiye, 39, had been strangled by her husband. Naile Erdaş, 17, became pregnant as a result of rape. Her brother killed her after giving birth in October 2006. Dilan Binici, 8, committed suicide in April 2007. It is understood after examination that she was a rape victim Türkan Aytiş, 23, allegedly committed suicide in June 2007. It is understood after investigation that she was killed. Gülten Ayaz, mother of two, had been burned on December 28 2007 by her brother in laws because of allegation about her life. Neriman Koğu, also killed related Gülten Ayaz’s death. Beyaz Alkan, 31, officially complained about her husband’s violence and was killed by him in February 2008. AE, 19, had been killed by her husbands who beated her to death in May 2008. Şerbet Kotlaş, 25, had been found hanged in June 2008, but according to her family’s allegation she had been killed. Şehnaz Tong, 14, had been killed after she run away with her boy friend in June 2008. Pakize Memmedova, 48, killed in October 2008. Nural Özkan and her daughter Gonca Özkan who had been killed on February 3 2009 with single bullet were the last victims by now in context with so-called honor killings. Kurdish women's rights activist released in Iran Amnesty International 27.02.2009-Kurdish student Hana Abdi was released from prison on Thursday after spending nearly 16 months in detention. She had been charged with "enmity against God" and "gathering and colluding to harm national security". Amnesty International had campaigned for Hana Abdi’s release and considered her to be a prisoner of conscience, detained solely because of her peaceful exercise of their rights to freedom of expression and association in connection with her work for women’s rights and the rights of Iran's Kurdish minority. Hana Abdi, a student in Bijar University, is a member of the Campaign for Equality, a grass-roots initiative to end legal discrimination against women in Iran, and its Kurdish affiliate, the Azar Mehr Women’s Organization of Sanandaj nongovernmental organization. She was arrested in November 2007, accused of membership of the Free Life Party of Kurdistan (PJAK), an armed Kurdish opposition group, and participation in "attacks" in Sanandaj in Kordestan province, northwestern Iran. She was held incommunicado for two months by the Ministry of Intelligence before being transferred to Sanandaj prison. She was sentenced to five years imprisonment to be spent in exile in Germi, far to the north. Her sentence was reduced to 18 months imprisonment on appeal, to be spent in Razan, Hamedan province. Shortly before her release, she was transferred to Meshkin Shahr in Ardabil Province, north-western Iran… In February 2008, the lawyer of both women voiced concern that they had been interrogated using illegal methods and accused of very serious charges while being held in solitary confinement. In KNK Bulletin Kongra Netewiya Kurdistan Home page : www.kongrakurdistan.net 1999 Kurdistan National Congres E-mail: kongrakurdistan@gmail.com Rue Jean Stas 41, 1060 Bruxelles Tel: 0032 2 64 73 084 Fax: 00 32 2 64 76 849 his opinion, their confessions were not valid and could not be used in court as credible evidence. Press Release Assembly of PJAK For a long time, a flood of attacks has been directed at the Kurdish people and the Kurdish liberation movement. These attacks are the work of the violent occupier of Kurdistan as well as the super powers in the world. PJAK is an Iranian Kurdish resistance movement, from its existence 6 years ago up until now, has been able to continue its persistent struggle for freedom and democracy successfully and has reached many of its political goals. These successes will lay the base for further accomplishments and finally the ultimate goals of the movement. During this period, many misinformation and useless speculations campaigns were directed by the Iranian, Turkish and Iraqi sides and even the Kurdistan regional government in southern Kurdistan, the Kurdish Iranian parties whom all call themselves “Iranian opposition”, have stepped out their campaign with single goal of defaming the name of PJAK and to hinder the struggle of PJAK. Iran authorities and other puppet organizations, from the beginning of the establishment of PJAK, hinted falsely that Iran is behind PJAK and it was created solely to serve the Iranian regime. This filthy and untrue campaign of misinformation and psychological warfare that carried out by the Iranian regime and others failed and revealed by PJAK’s continues struggle to change the Iranian dictatorial regime, and the legitimate struggle for freedom and democracy carried out. Consequently everybody understood the true meaning of the national democratic struggle carried out by PJAK and the goals of the movement. Another allegation is that PJAK created by the United States of America and also that the United States is contributing to the struggle of PJAK on all areas. This misinformation was fabricated to aid in bringing down the Iranian regime. But this was also exposed, by the aerial attacks from the Turkish air forces that were carried out with the help from the US intelligence. It was revealed that the United States and PJAK did not have any relations and that in fact is the US and Iran who are cooperating and making deals. In the latest concept of uncertainty and continuous attacks, the US treasury department states that it is freezing all of the assets belonging to PJAK in the USA under the pretext that PJAK has connections to the PKK and that it is unclear whether or not the finances of PJAK are their own or given to PJAK by the PKK. This was the reason behind this decision of the US treasury department, but the real reason is to protect the political interests of Turkey and to please Iran. The facts on the ground shows that PJAK is an independent democratic organization with the goal of obtaining the legitimate national and human rights of the 12 million Kurds in Iran. This decision is a political one and that it is in the interest of the Iranian dictatorial regime. We declare that PJAK does not has any assets or established any business or get any financial aids from the USA government, independent organizations or individuals. Therefore it is needed that the US declares what their reason for this decision is. Which countries and organizations have delivered this suggestion to the US? What role has Iran had in the making of this decision? The US no longer thinks of a change in Iran and they are even starting to slowly giving up to Iran’s demands and aggressive policies. Iran and the US are closer than they have ever especially when it comes to the question of PJAK, which is probably a result of the latest diplomatic relations witnessed. Therefore, upon condemning this decision, the US needs to look over this decision again and not to give in to the wishes of passive sides and organizations cooperating with Iran. PJAK is a political national democratic movement. Its power comes from the support of the people of Iran. It is continuing its struggle and nothing can stop it from reaching its legitimate democratic goals of the Kurdish and Iranian people. Neither this coalition between Iran, Turkey and Iraq nor any other force try to defame the name of PJAK, will be successful. The Assembly of PJAK declares that any decision made against PJAK is a decision against the destiny of 12 million Kurds in eastern Kurdistan (Iran). Terrorism is a concept of the states and has nothing to do with the peace adoring movement of PJAK. It is neither a word which has a place in the language of the movement nor is it an act which ever crosses their road. PJAK has never and will never surrender to any force and become a puppet in the hands of any force, system or super power like the USA. To be able to reach the legitimate goals of the Kurdish people in eastern Kurdistan, we will continue our struggle for peace democracy and freedom. PJAK will never back off from its legitimate struggles as long as it has the support and cooperation of the Kurdish and Iranian peoples. We are therefore calling upon all political groups and organizations to take a stand against this unjustified decision, so that the attempts at hindering the Kurdish people struggle in Iran are demolished and we will take new steps towards a greater democratic national unity. 16.02.2009 Appeasing Mullahs by selling out Kurds is wrong! Kurdishaspect.com By Dr. Zardasht Diaz- Recent decision by the US treasury board to add Party for Free Life in Kurdistan (PJAK) to its list of terror organization and subsequent directives to freeze their assets is truly a low point in Obama administrations effort to engage the regime in Tehran. This policy of appeasing Iranian regime is a failure from the start and to make Kurds a sacrificial lamb in this political maneuvering is even worse. President Obama only needs to read a string of recent report by international organizations detailing the gross violation of the most fundamental rights of Kurdish people in Iran by this tyrannical regime. What does Obama administration want to achieve by offering an olive branch to a regime that dangles its citizens from cranes in public squares, exports terrorism globally, has been found directly responsible for a string of assassinations of its opponents abroad. This is a regime that blew up the US base in Lebanon, killing hundreds of marines, obliterated a Jewish community centre in Argentina and is actively involved in funding anti-coalition insurgency in Iraq and Afghanistan. This regime is adamant on acquiring the most lethal weapon known to mankind. Given the generosity with which Mullahs have provided terrorist with weapons, it's only a matter of time before they provide nuclear bombs to Hezbollah and Hamas. Is Obama administration really that naïve to think that a regime that has defied the entire international community for three decades will suddenly make a u-turn and embrace democracy? Selling out Kurds to the Iranian regime is wrong for thousand reasons. Mullahs must not be rewarded for their evil deeds. They must be held accountable for the disaster they have brought on Iranian people. Statement of the Executive Committee of KNK