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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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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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Development in Syria - A Gender and Minority Perspective

This report presents the findings of a two-year research analysis into the impact of Syria's development policies on the most disadvantaged groups including women, minorities and internally displaced persons (IDPs), complemented by a fact-finding mission to the Kurdish regions of northeastern Syria in February 2005. It investigates the daily lives of the most vulnerable groups living in the Euphrates Basin and finds many of the development policies implemented by the Syrian government have had discriminatory effects. Thousands of Kurds, for example, were displaced by development of the Attawra dam and the removal of their citizenship rights, the effects of which continue to be felt to this day. The report demonstrates that women, especially in rural areas and those that are Kurds, face discriminatory hardships in the areas of citizenship, poverty and labour.

ISBN 1 900175886 Copies of this report are available from the KHRP for £10.00 (+ P&P)

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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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