Update On Kurdish Political Prisone

[kurd-l at burn.ucsd.edu]

From: Arm The Spirit <ats at locust.cic.net>
Subject: Update On Kurdish Political Prisoner Kani Yilmaz

Kani Yilmaz Update

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Press Release - July 8, 1996

Kani Yilmaz: Update

His Lawyers Intend To Appeal To The House Of Lords

     On July 4, 1996 the Divisional Court gave judgement in the
application for Habeas Corpus in the case of Kani Yilmaz,
European spokesman of the Kurdish National Liberation Front
(ERNK) and the PKK (Kurdistan Workers Party). Mr. Yilmaz was
arrested in London in October 1994 just before he was due to
address a meeting of British parlementarians concerning the
announcement of PKK ceasefire proposals regarding its conflict
with the Turkish Republic. He was initially arrested on grounds
of national security, despite having entered the country legally
some three days earlier. Mr. Yilmaz was later detained in custody
persuant to a request for his extradition made by the Federal
Republic of Germany for alleged participation in a wave of
bombing campaigns carried out by the PKK in June and November
1993.
     The present Judgement upheld the legality of the request and
dismissed the application for Habeas Corpus. Lawyers Mike
Mansfield and Mark Miller on Mr. Yilmaz's behalf had sought to
argue that the request was made in bad faith and on account of
his political opinions and prominence within the Kurdish
community in Germany and not in consequence of any credible
evidence of guilt. Furthermore, it was submitted that the
offences were of a "political character" and therefore not
extraditable in any event. The Divisional Court rejected both
grounds, the first due to lack of evidence, the second by virtue
of ruling at law.
     The Court did however find as a fact that the offences were
politically rather then criminally motivated. It held that the
offences were in part directed towards the Federal Republic's
foreign policy toward Turkey and its hostile domestic policy
towards Kurds within the FRG. However, it ruled, as matter of
law, that such offences could only be of a political character
within the meaning of the Extradition Act 1989, if they were
directed solely against the requesting state. It, therefore,
dismissed the applicant's legal subsmission that a dual purpose
was permissible within the meaning of the Act.
     Mr. Yilmaz's lawyers have given notice of their intention to
appeal to the House of Lords on this important point of law,
which has clear implications for all emigre dissidents currently
in exile in the UK and for the future scope of security
operations between European states.
     In Germany the PKK is banned since November 1994 and many
Kurdish cultural ans community organisations have been closed
down. Members of the Kurdish community have been subject to
numerous restrictions on their civil rights and to police
harassment. Germany is also one of Turkey's closest NATO allies
and a main arms supplier.

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