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Trial Observation - Relatives of HR defenders at risk: the extra-judicial killing of Siyar Perinçek

This report presents the findings of a joint mission by KHRP and the Bar Human Rights Committee of England and Wales to observe the trial of three security officers for an alleged extra-judicial killing and the torture or ill-treatment of a key witness.

Siyar Perinçek was the son of a member of the Insan Haklari Dernegi (Human Rights Association) board of directors. IHD is the largest human rights organisation in Turkey and a partner organisation of KHRP. Siyar was on a motorbike opposite the Adana branch of IHD on 28 May 2004. According to witnesses, he fell to the ground when approached by security officers whereupon an officer shot him in the back. He died later at hospital. A key witness Nurettin Basçi was arrested and is currently on remand in Adana Kurkculer F-type prison, where he alleges being subjected to torture or ill-treatment.

The trial of three security officers took place on 21 December 2004. The case has not yet reached judgment. The mission expressed concern over failures to comply with domestic legislation as well as a breach of several international legal standards. Among other breaches, the delegation noted the lack of co-operation from authorities on issues including the disappearance of key evidence; the non-attendance of the officers on trial; and the failure to provide a fair and impartial hearing for the complainants. One judge was observed to sleep through most of the hearing.

Interviewees expressed concern over continuing violations of the prohibition of torture or ill-treatment, and the implications of this on Turkey's EU accession. Appended to the report is a presentation given by KHRP, 'CoE's Committee of Ministers supervises Turkey's execution of ECHR judgements', presented at its European Parliament conference in Brussels in November 2004.

ISBN 1 900175819

Copies of this report are available from the KHRP for £ 10.00 (+ P&P)

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The Status of Internally Displaced Kurds in Turkey and Compensation Rights: FFM Report

The Status of Internally Displaced Kurds in Turkey and Compensation Rights: Fact Finding Mission Report

A fact-finding mission to Turkey's south-east conducted by KHRP, the Bar Human Rights Committee of England and Wales (BHRC) and the EU-Turkey Civic Commission investigated the current status of the region's internally displaced persons (IDPs) and their rights to compensation. In conducting its research, the mission interviewed IDPs living in slums in Diyarkakir, local and national NGO representatives, and representatives of political parties concerned with the law. The mission found that the capacity of Turkey's "Law on Compensation for Damage Arising from Terror and Combating Terror" (Law No. 5233) to bring about justice was dramatically reduced by the law's prohibitive provisions. It concludes that Law No. 5233 is failing to dramatically improve the situation of IDPs in Turkey, and to protect their basic human rights. The report urges the Turkish Government to seriously reconsider its policy towards IDPs.

ISBN 1 900175916

Copies of this report are available from the KHRP for £10.00 (+ P&P)

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The Cultural and Environmental Impact of Large Dams in Southeast Turkey: Fact-Finding Mission Report

Fundamental flaws in plans for the proposed Ilisu dam in Turkey provoked international attention from 2000 to 2002. Following an exemplary international campaign, the consortium of companies planning to build the dams collapsed, safeguarding the ancient sites of archaeological significance in the area as well as the welfare of up to 78,000 people, mostly Kurds, who stood to be displaced by the project.

Almost three years on, a joint fact-finding mission by KHRP and the National University of Ireland, Galway, provides new evidence that the Turkish state has not learned the lessons of Ilisu. The mission gathered evidence of a new consortium of companies coming together to build the discredited dam and others. The basis for the projects remains essentially the same, and there is no evidence that affected communities have been consulted. Of those consulted by the mission, the overwhelming response was one of absolute opposition to the dams.

The report details the damage that would be caused to architecture and heritage, and highlights the impact of the dams on cultural rights. Numerous international and EU standards have not been met. Public consultation has not taken place; even were it to occur, it must be viewed in the context of the ongoing marginalisation of Kurds in Turkey.

Three years on, it is clear that international attention should once more be drawn to this issue.

ISBN 1900175851

Copies of this report are available from the KHRP for £ 6.00 (+ P&P)

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Recognition of linguistic rights? The impact of pro-EU reforms in Turkey : Fact Finding Mission

A joint fact-finding mission to Turkey's south-east conducted by KHRP, the Bar Human Rights Committee of England and Wales (BHRC) and the EU-Turkey Civic Commission (EUTCC) investigated the current restrictions on linguistic rights enjoyed by minorities in Turkey and the efficacy of pro-EU reforms. The mission found that demand for Kurdish language education remains high. The mission concluded that lifting restrictions on education and broadcasting in Kurdish would be a giant step towards a multicultural, pluralist and ultimately peaceful Turkey.

ISBN: 1900175932

Copies of this report are available from the KHRP for £10.00 (+ P&P)

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Pumping Poverty: Britain's Department for International Development and the Oil Industry

Researched and written by PLATFORM Research

KHRP has endorsed a report by PLATFORM Research which investigates the role of British overseas development aid in facilitating oil development. The report, published by PLATFORM Research, Friends of the Earth and Plan B, concludes that the UK Department for International Development (DFID) is strongly supporting oil extraction in the developing world to the detriment of the world's poor. In particular, development aid is used to reform developing countries' oil taxation and regulation regimes to better favour British business interests. This is despite DFID's explicitly stated goals to eliminate poverty in the developing world through sustainable development. Oil extraction tends to generate suffering among a country's poor, whose energy needs are better met through small-scale, renewable energy sources, and instead serves the energy needs of the developed world.

KHRP has played a key role in drawing attention to the adverse impacts of the Baku-Tbilisi-Ceyhan Oil Pipeline on affected communities in Azerbaijan, Georgia and Turkey, and in opposing DFID's support for multi-lateral financing of the project.

Copies of this report are available from the KHRP for £ 10.00 (+ P&P)

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KHRP Legal Review 8 (2005)

This is the only existing legal journal covering significant legislative and policy developments in the Kurdish regions of Turkey , Iraq , Iran , Syria and elsewhere.  Published biannually, this edition covers the period from June to December 2005, including summaries and analysis of all of the most significant European Court of Human Rights (ECtHR) decisions.  Uniquely, this journal includes information about new cases that have not yet reached any judicial decision; but nonetheless provide invaluable updates about the most recent allegations of human rights violations to be submitted to international courts and mechanisms.  This edition features news and updates on all the Kurdish regions, as well as eight new communicated cases, five admissibility decisions and 23 judgments of the ECtHR.  Declan O'Callaghan, barrister, analyses the sufficiency of legal protection from torture or ill-treatment afforded to prisoners under interrogation; while Sharon Linzey, professor of sociology, examines the right to compensation afforded to internally displaced persons (IDPs) in Turkey.  The journal is of interest to lawyers, human rights defenders and NGO representatives in the Kurdish regions and elsewhere.

ISSN 1748-0639          £8.00+P&P

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KHRP Legal Review 7 (2005)

The KHRP Legal Review is the only existing legal journal considering significant developments in the Kurdish regions of Turkey, Iraq, Iran, Syria and elsewhere. Published biannually, it is intended to build capacity among NGOs, lawyers and human rights defenders by providing clear guidance, updates and analysis of issues relevant to the regions. This edition provides the findings of recent trial observation missions to the regions and of a recent conference concerning Turkey's accession to the EU. It also evaluates progressive projects to develop women's rights. It provides an analysis of the Divisional Court's judgment in Al-Skeini v Secretary of State for the Defense and of the supervisory system of the Framework Convention for the Protection of National Minorities (FCNM). Civil society developments in Iraq are also featured, together with an analysis of the controversial issue of wearing religious symbols in state schools.

ISBN 1748-0639 Copies of this report are available from the KHRP for £ 8.00 (+ P&P)

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International Conference on Turkey , the Kurds and the EU: European Parliament, Conference Papers

International Conference on Turkey, the Kurds and the EU: European Parliament, Brussels, 22-23 November 2004 - Conference Papers

KHRP hosted a historic conference with its partner organisations in November 2004 on "The EU, Turkey and the Kurds", convened in part in response to the European Commission's failure to address the situation of the Kurds. The conference called for the establishment of a standing Civic Commission on Turkish EU accession. As a result, KHRP, Medico International, Rafto Foundation and the Bar Human Rights Committee of England and Wales (BHRC) set up the EU Turkey Civic Commission (EUTCC) to monitor Turkey's EU accession. This publication gathers together all the papers presented at the first conference.

ISBN: 1900175878

Copies of this report are available from the KHRP for £10.00 (+ P&P)

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Human Rights Violations Against Kurds in Turkey: Report Presented to the OSCE

Human Rights Violations Against Kurds in Turkey: Report Presented to the Organisation for Security and Cooperation in Europe (OSCE)

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Freedom of expression at risk: writers on trial in Turkey - Trial observation report

This report provides the findings of a trial observation mission to Turkey to observe the trials of two prominent intellectuals. The first, writer and publisher Ragip Zarakolu, is currently facing prosecution for 'inciting hatred on the grounds of social class, race, religion, sect or region' for an article he wrote expressing the right of Kurdish people to self-determination. The second concerns the renowned writer Fikret Baskaya, charged with publishing two articles alleged to 'insult the Republic or. the judicial organs, military or security institutions'. Both have previously served terms of imprisonment for part articles they have written or published.

The report highlights elements of the proceedings against the writers which potentially breach international fair trial standards. It also examines the obstacles faced by writers, journalists, authors, publishers and artists in Turkey when trying to exercise their right to freedom of expression. The mission concludes that these obstacles are continuing, in spite of the pro-EU reforms recently enacted into domestic legislature.

 

Copies of this report are available from the KHRP for £ 10.00 (+ P&P)

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