AI EX086/92 TURKEY Fear of torture

[PeaceNet Middle East Team]

From: <pnmideast>
Subject: AI EX086/92 TURKEY Fear of torture

/* Written  6:50 pm  Oct 27, 1992 by gn:rmitchellai in cdp:ai.uan */
/* ---------- "AI EX086/92 TURKEY Fear of torture" ---------- */
EXTERNAL (for general distribution) AI Index: EUR 44/108/92
                                    Distr: UA/SC        

EXTRA 86/92       Fear of Torture                           27
October 1992

TURKEY:           Mohammed Ali Akgul, aged about 18
                  Hasan Aldur, aged about 18

 Amnesty International is concerned about the safety of Mohammed
Ali Akgul and Hasan Aldur who were detained on or around 19
October 1992 and have been held incommunicado since.

The two young Kurds, both aged about 18 and cousins, are from the
village of Mizizeh near Midyat in the province of Mardin. Both have
been detained previously (see UA 163/91 of 10 May 1991, AI Index:
EUR 44/59/91) as have close relatives living in the same village (see
UA EXTRA 54/92 of 20 May 1992, AI Index: EUR 44/48/92). Those
detained in May 1992 were released about three weeks ago, after
having allegedly been severely tortured.  After their release a wedding
was celebrated in the village during which PKK (Kurdish Workers
Party) guerrillas are said to have appeared in the village and taken
prisoner a man whom they later released. Following this incident,
seven trucks full of soldiers came to the village on or around 19
October 1992 and the soldiers detained 12 of the villagers. Ten were
released on 23 October 1992, including Huseyin Demir, Hasan Demir
and Nihat Aydogdu, all close relatives of Mohammed Ali Akgul and
Hasan Aldur. The two cousins, however, were not released, but
continue to be held incommunicado, presumably at the Gendarmerie
Headquarters in Mardin (Mardin Alay Jandarma Komutanligi). It is
feared that they are again being interrogated under torture, possibly
about suspected links with the guerrillas of the PKK.

 BACKGROUND INFORMATION

Turkey has a Kurdish ethnic minority which is estimated to number
some 10 million people, living mainly in southeastern Turkey. Since
August 1984, when guerrillas of the Kurdish Workers' Party (PKK)
started armed attacks against the security forces, an alarming number
of reports of ill-treatment of detainees by the security forces have
come from the eastern and southeastern provinces. Furthermore,
allegations of over 100 extrajudicial executions have been received
during the past 12 months. More than 4,000 lives have so far been lost
on both sides and among the civilian population in the continuing
fighting. Emergency legislation is in force in 10 provinces in the region
and the Emergency Legislation Governor in Diyarbakir has
extraordinary powers over three additional provinces. 

Turkey ratified the European Convention for the Prevention of Torture
on 25 February 1988 and the UN Convention Against Torture on 2
August 1988. However, all information available to Amnesty
International indicates that torture is still widespread and systematic in
Turkey. Most allegations relate to ill-treatment of detainees in police
custody during their initial interrogation when they are usually denied
access to relatives or a lawyer. In August 1990, the government
derogated from Articles 5, 6, 8, 10, 11 and 13 of the European
Convention on Human Rights, all of which contain important
safeguards for human rights. Under current legislation the maximum
period a detainee may be held before being formally charged or
released is 24 hours; in cases involving three or more suspects or due
to the 'nature of the crime' it may be extended to 15 days. This period
may be extended to 30 days in areas under emergency legislation or
martial law. Emergency legislation is currently in force in 10 provinces,
including Mardin province.

RECOMMENDED ACTION: Telegrams/telexes/faxes/express and
airmail letters:

- urging that Mohammed Ali Akgul and Hasan Aldur be not subjected
to any form of ill-treatment while being held in custody;

- asking to be informed of any charges brought against the two
detainees.

APPEALS TO:

Mardin Chief Prosecutor:

State Prosecutor's Office         [Salutation: Dear Sir]
Cumhuriyet Bassavciligi
Mardin, Turkey
Telegrams:  Cumhuriyet Bassavciligi, Mardin, Turkey

Mardin Gendarmerie Commander:

Albay Enver Uysal (Colonel)       [Salutation: Dear Colonel Uysal]
Alay Jandarma Komutani
Alay Jandarma Komutanligi
Mardin, Turkey
Telegrams:  Alay Jandarma Komutani, Mardin, Turkey
Telexes:    72004 jimr tr

Minister of the Interior:               

Mr Ismet Sezgin                   [Salutation: Dear Minister]
Icisleri Bakanligi
06644 Ankara, Turkey
Telegrams:  Interior Minister, Ankara, Turkey
Telexes:    46369 ICSL TR
Faxes:      +90 4 418 1795

COPIES OF YOUR APPEALS TO:

President of the Parliamentary Human Rights Commission:

Insan Haklari Arastirma Komisyonu Baskani
TBMM
Ankara, Turkey

and to the diplomatic representative in your country - please see the
responses to this topic for details.   

PLEASE SEND APPEALS IMMEDIATELY.  Please do not send
appeals after 20 November 1992.