REPRESENTATIVES OF BAR HUMAN RIGHTS COMMITTEE AND KURDISH HUMAN RIGHTS PROJECT ATTEND TRIAL OF HADEP (PEOPLE’S DEMOCRACY PARTY) IN ANKARA
Press Release: 6 July 1999
The Bar Human Rights Committee and the Kurdish Human Rights Project call on Turkey to respect the rights to freedom of expression, freedom of association and the right to receive a fair trial enshrined in the European Convention on Human Rights, to which Turkey is a signatory.
Trial under Article 169 of the Penal Code
On 23rd June 1999, representatives from the Bar Human Rights Committee and the Kurdish Human Rights Project attended the trial of 55 members of HADEP at the State Security Court in Ankara. The trial stems from events in November 1998, following hunger strikes at HADEP offices in response to the detention of PKK (Kurdistan Workers’ Party) leader Abdullah Ocalan in Italy. 3,200 individuals were detained at HADEP offices all over Turkey, following which 55 HADEP members were charged under Article 169 of the Turkish Penal Code for ‘knowingly [giving] shelter, assistance, provisions, arms or ammunition to [an armed] society or band or facilitating their actions’. 18 of the accused, including the President of HADEP, Murat Bozlak, have been refused bail and are still held in custody.
Trial under Article 168 of the Penal Code
The BHRC and KHRP representatives also attended a trial of 40 HADEP members charged under Article 168 of the Turkish Penal Code in 1997 for producing a calendar allegedly containing PKK propaganda. The calendar contains the names of HADEP members and human rights activists who have disappeared, or who have allegedly been killed by Turkish security forces, over the years. Article 168 deals with the establishment, management and membership of armed societies and gangs. The punishment for executive members is at least twenty-two and a half years, while members face a minimum of fifteen years in jail.
Both trials were adjourned until July 1999. The Court said that it could not proceed because the identities and personal details of the defendants were not before the Court: an extraordinary state of affairs given that many of the defendants have been in custody since November 1998.
History of persecution
The history of state persecution of HADEP is long. The party is a successor
of DEP (the Democracy Party) and HEP (the People’s Labour Party), both
banned by the Turkish Constitutional Court. In June 1996 42 people were detained
and 50 charged following the HADEP General Congress, when a masked individual
pulled down the Turkish flag. The trial is still continuing. In January 1999,
Turkey’s Chief Public Prosecutor, Vural Savas, issued an indictment demanding
a ban on HADEP, claiming that ‘there exists an organic link between HADEP
and the PKK’. The Turkish Constitutional Court has banned 14 parties
since the present constitution was passed in 1983.
Despite this, HADEP secured 4% of the national vote
in the April 1999 elections, and won 38 provincial mayoral seats, including
7 provincial capitals.
The proceedings against HADEP are based on a constitution
which prioritises the indivisible integrity of the State. In the indictment
relating to the 1996 General Congress the prosecutor writes:
"....there is only one nationality in Turkey and that is Turkish. Any
demands for recognition of the Kurdish cultural identity would be a secret
and serious step towards dividing the country. There is only one State, one
country and one nation in Turkey. These principles can never be compromised.
Anyone who attempts to compromise these principles will be treated as traitors...."
The Council of Europe has called for the release of four DEP MPs imprisoned
in 1995 on the grounds that their ‘continued imprisonment .... remains
a serious violation of human rights and negates the very essence of parliamentary
democracy’. The Turkish government has committed itself to protect and
promote human rights in Turkey in an understanding that conforms with contemporary
and universal standards, and to prevent practices which are incompatible with
human rights.
There are grave concerns that the continuing proceedings against HADEP and
its members may contravene Turkey’s international human rights commitments.
The Bar Human Rights Committee and the Kurdish Human Rights Project call upon
the international community to observe the trials closely, and encourage the
Turkish state to ensure that all international obligations are observed.
NOTES FOR EDITORS:
The Kurdish Human Rights Project works for the promotion
and protection of human rights within the Kurdish regions of Turkey, Iraq,
Iran, Syria and the former Soviet Union.
For further information please contact: Kerim Yildiz,
Executive Director / Fiona McKay, Deputy Director / Sally Eberhardt, Public
Relations Officer Kurdish Human Rights Project on the address below.
Please e-mail KHRP at khrp@khrp.org,
to be placed on our Press Release mailing list.
