AI EX001/93 TURKEY Disappearance

[PeaceNet Middle East Team]

From: <pnmideast>
Subject: AI EX001/93 TURKEY Disappearance

/* Written  5:48 pm  Jan  6, 1993 by rmitchellai at gn.apc.org in igc:ai.uan */
/* ---------- "AI EX001/93 TURKEY Disappearance" ---------- */
EXTERNAL (for general distribution) AI Index: EUR 44/01/93
                                    Distr: UA/SC       

                                    6 January 1993

EXTRA 01/93    Fear of "Disappearance"/Fear of Torture

TURKEY:        Serdar AY

Amnesty International is concerned for the safety of Serday Ay who
was detained in Diyarbakir on 18 December 1992 and whose detention
has not been acknowledged by the authorities.

 On the night of 18 December 1992 at 1.30am, Serdar Ay was
detained at his home in Diyarbakir by members of the gendarmerie
and the police force. Serdar Ay runs a minibus service and they
ostensibly wanted him to assist them as a guide. Nothing has been
heard of him since.

 Ali Ihsan Ay, Serdar's father, has been trying to locate his son.
Initially he made inquiries with the Diyarbakir Chief Prosecutor's
Office, where he was told that his son was being held by the
gendarmerie in the Ofis district of Diyarbakir. However, the
gendarmerie there denied holding him. On 21 December, he submitted
a written request to the Prosecutor's Office at the Diyarbakir State
Security Court and received a written reply the same day to the effect
that no person by the name of Serdar Ay was registered as being held
in custody.

 Reportedly, there have been complaints against Serdar Ay for playing
cassettes with Kurdish music on his minibus. About two months ago he
was taken into detention by the gendarmerie in Pirinclik, a suburb of
Diyarbakir, and held for one day.

 It is now 19 days since Serdar Ay was taken into custody and, in view
of the large number of political killings and alleged extrajudicial
executions in the region, there is grave concern for his safety.

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 5,000 lives have so far been lost
on both sides and among the civilian population in the context of 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. New legislation to shorten the
maximum detention period came into force on 1 December 1992. Now
the normal maximum period of 24 hours, for which a non-political
detainee may be held before being formally charged or released, may
be extended to eight days in cases of ordinary crimes involving three
or more suspects. Detainees held on suspicion of political offences to
be tried in State Security Courts may be held without charge for 15
days. This period may be extended to 30 days in provinces under
emergency legislation or martial law. Emergency legislation is currently
in force in Diyarbakir province. 

RECOMMENDED ACTION:  Please send
telegrams/telexes/faxes/express and airmail letters either in English or
in your own language:

- expressing concern that Serdar Ay has been held in unacknowledged
police detention since 18 December 1992 when he was detained in
Diyarbakir;

- requesting to be informed of his present whereabouts;

- urging that his family be informed without further delay of his place
of detention and be granted access to him;

- seeking assurances that he is not subjected to any form of torture or
ill-treatment.

APPEALS TO:

Chief of the Turkish General Staff:

General Dogan Gures     [Salutation: Dear General]
Bakanliklar
06100 Ankara, Turkey
Telegrams: General Gures, Bakanliklar, Ankara, Turkey

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

Prime Minister:

Mr Suleyman Demirel      [Salutation: Dear Prime Minister]
Office of the Prime Minister 
Basbakanlik                         
06573 Ankara, Turkey                     
Telegrams: Prime Minister, Ankara, Turkey
Telexes:   44061/44062/44063 bbmt tr
           42099 basb tr, 42875 bbk tr
Faxes:     + 90 4 417 04 76
           + 90 4 230 88 96

PLEASE SEND COPIES OF YOUR APPEALS TO:

President of the Parliamentary Human Rights Commission:

Mr Sabri Yavuz
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 18 January 1993.