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TURKEY

Kurds

  Overview
Kurdish provinces
  Kurdistan Workers' Party (PKK) HADEP/DEHAP
  HAK-PAR (The Rights and Freedoms Party)
Measures against family members
  Language and cultural rights
Conflict between Turkey and Kurdish Rebels in Nothern Irak
 

05.09.2008 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Situations of persons suspected of aiding members of PKK; discrimination against Kurds in the military (particularly alleged PKK sympathisers); deployment of Kurdish conscripts for combat against PKK; penalties for refusal of performing military service and desertion (legislation and practice) ("a-6269 (ACC-TUR-6269)") [ID 24804]

Document(s): Open document

11.03.2008 - Source: US Department of State

Former members of parliament sentenced for supporting the PKK ("Country Report on Human Rights Practices 2007") [ID 22970]

"In the retrial of former members of parliament Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak for supporting the PKK, the court sentenced the defendants each to terms of seven years and six months, but ruled that each defendant had already fulfilled the sentence by having served 10 years following the initial trial at which they were sentenced to 15 years."

Document(s): Open document

10.10.2006 - Source: International Helsinki Federation for Human Rights

3 Kurdish activists arrested as they prepared to walk to the border of Iraq to peacefully protest the killings of civilians by security forces and express their concern about tensions between the government and the Kurdish-led administration in northern Iraq ("A Minority Policy of Systematic Negation") [ID 18295]

"On 2 May 2006, three Kurdish activists, Ibrahim Guclu, Zeynel Ozalp, and Sedat Ogur, were arrested as they prepared to walk to the border of Iraq to peacefully protest the recent killings of civilians by security forces in southeastern Turkey and express their concern about tensions between the Turkish government and the Kurdish-led administration in northern Iraq. The men were charged under the Anti-Terror Law for “making propaganda for the PKK,” a charge that is all the more ironic in light of the fact that Guclu has repeatedly and publicly condemned violence by the PKK."

Document(s): Report
Press Release

09.2006 - Source: Schweizerische Flüchtlingshilfe

Information on kin liability in Azerbaijan, Ethiopia, China, Eritrea, Iran, Myanmar, Russia and Chechnya, Sri Lanka, Syria, Togo, Turkey, Uzbekistan and Vietnam (persecution of relatives of criminals and opposition politicians) ("Übersicht Reflexverfolgung und/oder Sippenhaft") [ID 25078]

Document(s): Open document

08.2006 - Source: Federal Office for Migration and Refugees (Germany)

On Art. 221 Turkish Penal Code (exemption from punishment for members of a criminal organisation who have not been involved in a criminal offence by this organisation and who leave the organisation voluntarily); Art. 221 increasingly relevant for trials against former members of PKK (in German) ("Straffreiheit nach Art. 221 II tStGB n.F. (in: Entscheidungen Asyl Nr. 8/2006, S. 2)") [ID 17585]

Document(s): Entscheidungen Asyl 08/2006
Entscheidungen Asyl 08/2006 S. 2

21.06.2006 - Source: Reporters Sans Frontières

Rüstu Demirkaya, reporter with the Kurdish news agency Diha, detained in Tunceli prison on charge of collaborating with the outlawed Kurdistan Workers Party (PKK) ("Call for provisional release of Kurdish journalist accused of collaborating with PKK") [ID 17584]

Document(s): Open document

22.03.2006 - Source: Schweizerische Flüchtlingshilfe

Report on the repatriation of a Turkish Kurd, convicted and imprisoned because of his political activities, support and membership with the PKK ("Rückkehrgefährdung für PKK-Aktivisten") [#47139][ID 14246]

Document(s): Open document

12.05.2005 - Source: BBC News

European Court of Human Rights ruled that trial of Kurdish rebel leader Abdullah Ocalan, who was convicted of treason in 1999, was unfair, he was blamed for 30,000 deaths in 15-year war between PKK and Turkish security forces ("Trial of Kurdish leader 'unfair'") [#31928][ID 14224]

Document(s): Open document

12.05.2005 - Source: BBC News

Trial of Kurdish leader 'unfair' ("Trial of Kurdish leader 'unfair'") [#31928][ID 14247]

"Ocalan was convicted of treason in 1999. He was blamed for 30,000 deaths in a 15-year war between his PKK group and Turkish security forces. ...

The applicant was not tried by an independent and impartial tribunal," the European Court of Human Rights (ECHR) said in a statement.
The judges ruled that the presence of a military judge on the panel meant that the Turkish court's judgement could not have been fair.
They did not directly call for a retrial but said retrying or reopening Ocalan's case would be "an appropriate way of redressing the violation"."

Document(s): Open document

20.04.2005 - Source: Amnesty International

Alleged member of Kurdistan Workers' Party (PKK) reportedly detained by the Turkish army, during a military operation against the armed group the Kurdistan Worker's Party (the PKK); it is not known where he is being held and he may be at risk of torture or "disappearance" ("Turkey - UA 95/05") [#31513][ID 14248]

Document(s): Open document
Open document

17.12.2004 - Source: Amnesty International

Situation following resumption of armed struggle by PKK/Kongra Gel; effects on human rights situation (evacuation of villages, relatives of alleged PKK-members under threat); risk upon return because of political activities in exile; ongoing repressions because of public use of Kurdish language (expert opinion, in German) ("Stellungnahme vom 17.12.2004 an OVG Nordrhein-Westfalen") [#28399][ID 14250]

Document(s): Open document

17.12.2004 - Source: Amnesty International

Risk upon return for alleged member of PKK/Kongra-Gel; investigations by Turkish authorities very likely because of criminal conviction in Germany and because of press reports; on state of legal reforms, occurrence of torture still widespread in police custody (expert opinion, in German) ("Stellungnahme vom 17.12.2004 an VG Hamburg - 11 A 2003/99 -") [#28799][ID 14251]

Document(s): Open document

04.08.2004 - Source: Amnesty International

3 men detained and reportedly tortured in Siirt/ police reportedly threatened their lawyer at gunpoint when he tried to visit them ("Turkey - UA 240/04") [#24470][ID 14255]

"Three men have been detained and reportedly tortured in Siirt, southeast Turkey. Police have reportedly threatened their lawyer at gunpoint when he tried to visit them, and followed him in the street. Amnesty International believes the lawyer's life may be in danger.

Police detained Abdullah Gündogdu, Tahsin Atak and Ihsan Gülmek in the Pervari district of Siirt province on 30 July, reportedly on suspicion of aiding and abetting an armed organization, the Kurdistan People's Congress (Kongra-Gel), which was formerly known as the Kurdistan Workers' Party (PKK). [...]"

Document(s): Open document
Open document

20.07.2004 - Source: Amnesty International

4 men detained by police allegedly on suspicion of "aiding and abetting an armed organization", presumed to be the illegal armed group Kongra-Gel (formerly known as the Kurdistan Workers' Party (PKK))/ they are at risk of torture in police custody ("Turkey - UA 227/04") [#24137][ID 14256]

Document(s): Open document
Open document

14.07.2004 - Source: BBC News

A Turkish court has ordered a retrial for 4 Kurdish former MPs, who were freed after a decade of imprisonment ("Freed Kurd ex-MPs to get retrial") [#24037][ID 14258]

Document(s): Open document

09.07.2004 - Source: BBC News

Turkish police are pushing for new charges to be brought against four Kurdish former MPs who were freed after a decade of imprisonment ("Freed Kurd ex-MPs face new threat") [#23914][ID 14259]

"A police spokesman accused them of making separatist speeches at rallies in south-eastern Turkey last month.
The four - including award-winning rights activist Leyla Zana - are also accused of speaking Kurdish at the rally, in violation of Turkish law.
Their release last month was welcomed by the EU and human rights groups. [...]
Despite their release, an appeal against their initial conviction is still pending and a decision is expected on 14 July. [...]"

Document(s): Open document

23.06.2004 - Source: Kaya, Serafettin

Stellungnahme vom 23.6.2004 an VG Greifswald - 9 A 2477/99 As - (vgl. auch Stellungnahmen von H. Oberdiek und O. Aydin im selben Verfahren) ("Stellungnahme vom 23.6.2004 an VG Greifswald - 9 A 2477/99 As - (vgl. auch Stellungnahmen von H. Oberdiek und O. Aydin im selben Verfahren)") [#26068][ID 14260]

Document(s): Open document

15.06.2004 - Source: Reporters Sans Frontières

Most of the 25 pro-Kurdish journalists and media workers arrested ahead of the Nato summit were released/ 2 of them, accused of having links with the Kurdistan Workers' Party (PKK), and imprisoned ("Pro-Kurd journalists arrested ahead of Nato summit released ; two charged") [#23289][ID 14262]

Document(s): Open document

10.06.2004 - Source: Amnesty International

Prisoners of conscience Leyla Zana, Hatip Dicle, Selim Sadak and Orhan Dogan who were sentenced for alleged membership of an illegal armed organization, the Kurdish Workers' Party (PKK), released ("Released prisoners of conscience should face no further trial") [#23199][ID 13165]

Document(s): Open document
Open document

09.06.2004 - Source: BBC News

Four prominent Kurdish activists, including award-winning ex-MP Leyla Zana, have been freed from Turkish jail pending an appeal ("Kurd activists leave Turkish jail") [#23182][ID 14263]

"A Turkish court ordered the release on Wednesday after a state prosecutor called for their sentences - imposed in 1994 - to be quashed.

Their trials had been widely condemned by human rights groups.

The European Commission welcomed the decision as a sign that reforms in Turkey were gathering pace.[...]"

Document(s): Open document

07.06.2004 - Source: BBC News

Prosecutor calls for the 15-year jail sentence of a leading Kurdish rights campaigner and 3 of her fellow former MPs to be overturned ("Kurd MPs' conviction challenged") [#23188][ID 14264]

"Leyla Zana and her colleagues have been in prison since 1994, convicted of belonging to outlawed Kurdistan Workers' Party (PKK).

The case was reopened last year after the European Court of Human Rights ruled the original trial was unfair.

A court ruled in April that the four should stay in prison.

But the prosecutor said the conviction should be quashed because witnesses called to give evidence in the original trial had not been called for the re-trial. [...]"

Document(s): Open document

02.06.2004 - Source: Guardian

Turkish forces detained 4 suspected Kurdish rebels allegedly intent on attacking Istanbul ("Kurds held for Istanbul bomb plot") [#23009][ID 14164]

Document(s): Open document

20.05.2004 - Source: Aydin, Osman

Stellungnahme vom 20.5.2004 an VG Greifswald - 9 A 2477/99 As - (vgl. auch Stellungnahmen von H. Oberdiek und S. Kaya im selben Verfahren) ("Stellungnahme vom 20.5.2004 an VG Greifswald - 9 A 2477/99 As - (vgl. auch Stellungnahmen von H. Oberdiek und S. Kaya im selben Verfahren)") [#26067][ID 14266]

Document(s): Open document

21.04.2004 - Source: Amnesty International

4 prisoners of conscience, sentenced to 15 years imprisonment for membership of an illegal armed organization, the Kurdish Workers' Party (PKK) in 1994, remain in prison ("Injustice continues despite welcome reforms") [#21534][ID 14268]

Document(s): Open document

25.02.2004 - Source: US Department of State

Human rights activists and attorneys call for transfer of Ocalan to mainland prison ("Country Reports on Human Rights Practices - 2003") [#19741][ID 14270]

"Human rights activists and attorneys for jailed PKK leader Abdullah Ocalan called on the Government to transfer Ocalan from his cell on Imrali Island in the Sea of Marmara to a mainland prison. They claimed Ocalan was being held in isolation and also said he was suffering from health problems. Relatives and attorneys were unable to visit Ocalan for 15 weeks from November 2002 to March; the Government said stormy weather grounded the boat shuttling visitors to the island. The ECHR ruled in March that Ocalan's prison conditions were not unlawful."

Document(s): Open document

07.11.2003 - Source: International Helsinki Federation for Human Rights

Report focused on torture and inhuman and degrading treatment or punishment in selected Osce states ("Torture and Inhuman or Degrading Treatment or Punishment") [#17377][ID 14271]

"• On 7 February 2003 the police detained two members of the youth section of the banned People’s Democracy Party (HADEP) in the Bahcelievler district. According to the testimony of one of the young men, a 17-year old, they were taken to a police station and interrogated about who had been spreading propaganda for the PRO-Kurdish KADEK organization. The police fooled the young man to testify against his friend by promising him that they both would be acquitted for lack of evidence if they testified against each other. Afterwards, he was released because he was under age. His friend was remanded and tortured while in detention, according to his lawyer. The police tried to force him to become an informer, and as he refused, he was stripped naked, subjected to a “Palestinian hanger”, hosed with pressurised water, and sexually assaulted."

Document(s): Open document

06.11.2003 - Source: Schweizerische Flüchtlingshilfe

Groups at risk (e.g. members of opposition parties, human rights activists, certain groups of women); inadequate implementation of political reforms (German) ("Asylsuchende aus der Türkei - Position der SFH") [#17802][ID 14272]

"Einer asylrelevanten Verfolgung können insbesondere Personen unterliegen, für die es aufgrund der mangelnden Umsetzung der Reformen im Menschenrechtsbereich, vor allem aber aufgrund des landesweiten Einflusses der unabhängig von der Reformpolitik agierenden Sicherheitsdienste samt deren informellen Netzwerken keine sichere interne Fluchtalternative gibt. [...]

1.3 Mitglieder und AnhängerInnen illegaler Oppositionsparteien

Führende und aktive Mitglieder sowie AnhängerInnen illegaler Oppositionsparteien (KADEK [Kurdischer Freiheits- und Demokratiekongress], DHKC [Revolutionäre Volksbefreiungsfront], TKP/ML-TIKKO [Türkisch Kommunistische Partei/Marxistisch- Leninistisch–Befreiungsarmee der ArbeiterInnen und Bauern/Bäuerinnen der Türkei, militärischer Flügel [Maoisten]], MLKP [Marxistisch-leninistische Kommunistische Partei]) werden des Versuchs angeklagt, die verfassungsrechtliche Ordnung des Staates umstürzen und eine neue Staatsordnung begründen zu wollen. Je nach Funktion können Haftstrafen zwischen fünf und mehr als fünfzehn Jahren verhängt werden. Verhafteten Personen drohen systematische Repressionen bis hin zu Folter. [...]

1.5 ExilaktivistInnen

ExilaktivistInnen, die im Ausland von der türkischen Regierung überwacht werden und in die Türkei einreisen, müssen mit Verhaftungen rechnen. Zu prüfen ist, ob ausschliesslich subjektive Nachfluchtgründe vorliegen."

Document(s): Open document

23.09.2003 - Source: BBC News

Turkish court frees leaders of the country's two main pro-Kurdish parties, Tuncer Bakirhan, (Dehap) and Ahmet Turan Demir (Free Society Party), who were detained earlier this week for questioning ("Turkey frees Kurd leaders") [#16314][ID 14273]

Document(s): Open document

22.09.2003 - Source: BBC News

Turkish police detained leaders of the country's two main pro-Kurdish parties and a rock singer, after they attended a festival in Germany which Ankara says was organised by militants ("Turkey detains Kurd leaders") [#16315][ID 14274]

Document(s): Open document

01.05.2003 - Source: International Federation for Human Rights

People suspected of being connected with PKK, now KADEK are more likely to be arrested and subjected to torture; human rights abuses in the south-east ("International Investigative Mission: Turkey: Torture, still a routine practice.") [#12386][ID 14275]

"4.1. Victims
People suspected of political crimes, and more particularly, those suspected of being connected to the Kurdistan Workers' Party (PKK) - now called Kurdistan Freedom and Democracy Congress (KADEK) - and others falling under the jurisdiction of the State Security Court, are more likely to be subjected to arbitrary arrest and detention, ostensibly under the Law n°3713 on "Combating Terrorism" adopted on 12 April 1991, the so-called "Anti Terror Law" and subsequently subjected to torture and cruel, inhuman or degrading treatment or punishment. People detained under the Anti-Terror Law are tried in the State Security Court, rather than the regular court system. This law fails to safeguard the protection of human rights, and some articles actually encourage violations. [...]
It is further reported that members of security forces, including "special teams" and anti-terror squads, and Jandarmas committed serious human rights abuses, including torture, particularly in the southeast."

Document(s): Open document

04.2003 - Source: UK Home Office

PKK members still face criminal prosecution by the authorities under Article 168 of the Criminal Code in conjunction with Article 5 of the Anti-Terror Law ("Country Assessment - April 2003") [#13461][ID 14276]

"6.184 There has been no change in the Turkish authorities' attitude towards the PKK since it withdrew its fighters outside Turkey's borders, altered its objectives and renounced violence. Like members of militant left-wing or Islamist organisations, PKK members still face criminal prosecution by the authorities. [2a]
6.185 Whoever can be shown to be a member of the PKK, a radical left-wing group such as DHKP/C or TKP/ML or a militant Islamist group such as Hezbollah will be prosecuted under Article 168 of the Criminal Code in conjunction with Article 5 of the Anti-Terror Law. Under Article 168 the penalty is imprisonment for a minimum of ten years and, in the event of aggravating circumstances, a maximum of fifteen years. The penalty is increased by half under Article 5 of the Anti-Terror Law. The above Articles impose heavier penalties on leaders of such organisations. They will also be prosecuted under Articles 125 or 146 for attempted armed subversion of the established constitutional order, which is punishable by life imprisonment (until the reform of August 2002 by the death penalty). [2a][66a]
6.186 Individuals who have criminal proceedings pending against them and are wanted by the authorities are recorded in the central Judicial Records System, so that the authorities are informed nationwide when a person is wanted. [2a]"

Document(s): Open document

28.08.2002 - Source: Amnesty International

12 people, charged with "participating in an illegal meeting" and being in contravention of the Anti-Terror Law, released by the authorities and are now awaiting trial/ while in police detention in Mardin they were all reportedly exposed to torture or ill-treatment ("Turkey - UA 141/02") [#8447][ID 14278]

Document(s): Open document

14.08.2002 - Source: Amnesty International

Stellungnahme v. 14.8.2002 an VG Potsdam - 11 K 2296/96.A - ("Stellungnahme v. 14.8.2002 an VG Potsdam - 11 K 2296/96.A -") [#10358][ID 14279]

Document(s): 2847tur.rtf

11.01.2002 - Source: Amnesty International

5 men suspected of being connected to the armed opposition group Kurdistan Workers' Party (PKK) held in incommunicado detention and are at risk of torture or ill-treatment ("Turkey - UA 15/02") [#5251][ID 14280]

Document(s): Open document

07.11.2001 - Source: Amnesty International

Man arrested and held in incommunicado detention at a gendarmerie station in Diyarbakir province/ he was charged with "having connections with the Kurdistan Worker's Party (PKK)"and was also tortured ("Turkey - UA 284/01") [#4581][ID 14281]

Document(s): Open document

05.11.2001 - Source: Amnesty International

2 members of the legal pro-Kurdish political party, HADEP, detained and at risk of torture/ many supporters of illegal organizations were previously tortured ("Turkey - UA 280/01") [#4529][ID 14282]

Document(s): Open document

17.10.2001 - Source: Amnesty International

3 people killed and 21 members of a Kurdish family arrested by gendarmes/ police and gendarmerie in the Kurdish southeastern region of the country frequently arrest political dissidents on "suspicion" of offences ("Turkey - UA 260/01") [#4323][ID 14283]

Document(s): Open document