police reportedly confiscated 20 videotapes, 19 music tapes and some handwritten notes. After releasing the 14 members of the mission, the police allegedly kept 18-year-old Rasim Asan under detention. Rasim Asan had reportedly given a witness statement to the IHD mission - which was recorded on one of the tapes confiscated by the police - and had asked the mission to accompany him to his home in Mersin. It was reported that Rasim Asan was forced to sign a written statement saying that he had received money from Mr. Osman Baydemir, vice-president of IHD, in order to bring a testimony to the mission. After a short trial, Rasim Asan was allegedly transferred to prison on 9 August, on the basis of article 159 of the Turkish Penal Code, which provides for from one to six years' imprisonment for "insulting the Turkish Republic... and the military and security of the State".
368. On 11 September 2001, the Special Representative sent an urgent appeal concerning the raid, on 7 September 2001, on the Diyarbakir offices of the Human Rights Foundation of Turkey (HRFT). HRFT has five centres which provide treatment and rehabilitation for people who have reportedly been tortured by the security forces in the south-east of the country. According to the information received, the police obtained from the Diyarbakir Public Prosecutor's Office a search warrant ordering the seizure of all documents in the offices that related to the treatment of torture victims, which has been reportedly described as an illegal activity. This information had been kept confidential as people known to have complained of being tortured by the security forces reportedly face intimidation, torture and disappearance to stop them pursuing their
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complaints. It was further reported that the police seized all the files and documents in the office, including confidential medical files and information on staff, other doctors supporting them and patients at the HRFT.
369. On 19 October 2001, the Special Representative transmitted an allegation regarding the following cases.
370. Ms. Giinseli Kaya, a teacher and secretary of the HRFT office in Izmir, and Dr. Alp Ayan, a psychiatrist with the HRFT Rehabilitation of the Victims of Torture Centre, both members of the Human Rights Association of Turkey (HRA) and Mr. Berrin Esin Akan, medical secretary of HRFT were reportedly accused of violating the law on meetings and demonstrations. According to the information received, they were among the people arrested on 30 September 1999 in Izmir as they were on their way to the village of Helvaci to attend the funeral of Nevzat Ciftci, one of the prisoners allegedly killed in the Ulucunlar massacre in Ankara Central Prison on 26 September 1999. On 3 October 1999, after a hearing before the Criminal Court of Izmir, they were reportedly charged, along with 12 other people, on the basis of article 32, paragraph 3 of the law on meetings and demonstrations ("coercion, violence, threat, assault or resistance" to a police decision forbidding a meeting) and of article 7, paragraph 2 of the anti-terror law ("helping the members of a terrorist organization and disseminating propaganda on its behalf”). Ms. Giinseli Kaya, Dr. Alp Ayan and Mr. Berrin Esin Akan were reportedly released on 20 January 2000 after four months in prison, but the case is still under trial.
371. Liitfi Demirkapi, president of the Human Rights Association (HRA) Ankara Branch Office, Ilhami Yaban, Ismail Boyraz, Erol Direkci, Mesut Cetiner, Zeki Irmak, and Riza Resat Cetinbas, office members, Ali Riza Bektas, Saniye Simsek, Ekrem Erdin, Gokce Otlu, Emrah Serhan Soysal and Selim Necati Ort, HRA Prisoners' Commission members, were reportedly charged under article 169 of the Penal Code, on 11 January 2001, by the Bureau of the Prosecutor of the Criminal Court with "aiding and abetting of members of illegal organizations". According to the information received, the charges mentioned that during a police raid
on 23 December 2000, a detailed list of prisoners with information on their health was found on the HRA premises, along with press releases which included statements against the building of an F-type prison (with small, one- and three-person cells) and in support of the prisoners on hunger strike. It was also reported that the Prosecutor demanded the closure of the Ankara branch of HRA. It was further reported that the 12 HRA members charged were released and that Ali Riza Bektas and Selim Necati Ort were released from preventive detention on 22 May 2001. According to the information received, the court decided to combine an additional case against Selim Necati Ort with this trial, which is still ongoing.
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372. According to the information received, the HRA headquarters in Ankara were reportedly searched by the police on 25 January 2001 and the association's computers and all its documents and floppy disks were confiscated. According to the information received, this search followed a decision of the 9th Penal Tribunal of Ankara which, on 22 January 2001, at the request of the Ankara Prosecutor, was seized of the matter of the receipt of financial support from abroad (Greece) by HRA without prior authorization from the authorities. It was also reported that the Ministry for Foreign Affairs of Turkey published information on its web site aimed at discrediting HRA, and questioning its impartial and objective character. According to the information received, on 19 March 2001, a court case started against the HRA at Ankara Judicial Court No. 24, with the demand, by the Prosecutor that the headquarters of the Association be closed, under article 37 of the Law on Associations. The indictment reportedly claimed that HRA had been active beyond the aims described in its statutes.
373. On 26 October 2001, the Special Representative sent an urgent appeal concerning Mr. Saban Dayanam, a member of the HRA national board and of the Istanbul branch board. According to the information received, on 19 October 2001, five unknown men tried to break into Mr. Dayanam's apartment in Istanbul. It was reported that these men introduced themselves as police officers and produced identity cards. This act was reportedly connected with the publication on the same day of a report by the IHD Istanbul branch on a hunger strike by political prisoners, which had been under way for a year. It was further reported that
Mr. Dayanam had been followed during the previous days by people in plain clothes, different from the plain clothes police officers who reportedly kept the IHD Istanbul branch under surveillance.
374. On 19 November 2001, the Special Representative sent an urgent appeal regarding threats against members of the HRA in Istanbul. According to the information received,
on 15 November a man called Zeki Gene reportedly entered the IHD offices carrying a pistol, a large knife and a parcel that he claimed was a bomb. He threatened that he would kill everybody. Saban Dayanan and three other IHD members managed to wrestle him to the ground and disarm him.
Communications received
375. By letter dated 5 June 2001 the Government responded to the urgent appeal sent
on 18 April 2001. The Government informed the Special Representative that in the context of police operations in Konya, Hiiseyin Calik was taken into custody on 25 April 2000. He confessed that he had been planning to murder Eren Keskin and that he had gone to Istanbul in March 1999, possessing a pistol. He said that he had gone to the office of Eren Keskin, but could not achieve his goal owing to the crowd in the office. The Government stated that upon
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the completion of the investigation, Hiiseyin Calik had been arrested and was in prison. The Government added that it was incorrect and misleading to refer to "a Kurdish political party" in Turkey because no political party could be established on ethnic grounds.
376. By letter dated 13 June 2001, the Government provided additional information.
Eren Keskin had not requested the security forces to provide her with personal protection. She had asked for a police patrol in the neighbourhood of the Istanbul branch of HRA. The Government informed the Special Representative that upon receipt of this request, the necessary measures had been taken by the security forces.
377. By letter dated 4 July 2001, the Government responded to the urgent appeal sent
on 2 February 2001. The Government informed the Special Representative that the relevant court had decided to release Nimet Tanrikulu on 6 February 2001 and she had been acquitted on 24 May 2001. The Government assured the Special Representative that none of the medical reports indicated any trace of ill-treatment or torture while she was in custody. The Government added that, upon the decision of the relevant court, the security forces searched the IHD premises in Ankara in January 2001 and found empty cartridges, a mortar shell head and illegal publications. A suit was therefore filed demanding that IHD be closed down. The Government informed the Special Representative that the case was pending.
378. By letter dated 29 August 2001, the Government responded to the urgent appeal sent on 28 June 2001. The Government informed the Special Representative that the accused persons were on trial on different charges in the Turkish General Staff Military Court, Istanbul State Security Court No. 5, Uskiidar Criminal Court No. 2 and Uskiidar Criminal Court of First Instance No. 2. The Government added that the Uskiidar Public Prosecutor's Office gave a decision of non- jurisdiction on 5 October 2000 in the case of the publishers of the book entitled "Diisiinceye Ozgurluk 2000" (Freedom of Thought 2000). The Uskudar Public Prosecutor's Office therefore decided to forward the file to the General Staff Military Prosecutor's Office. The Government added that, according to article 1 1/A of the Code on the Establishment and Trial Procedure of Military Courts, military courts also have jurisdiction to try non-military persons for offences specified in article 58 of the Military Criminal Code. The Government informed the Special Representative that the accused persons were acquitted by the Istanbul State Security Court No. 5 on charges of aiding and abetting the terrorist organization PKK by spreading its propaganda, spreading propaganda against the indivisible entity of the Turkish State with its territory and nation, as well as inciting people to hatred and enmity on the basis of race and region. The judgement was upheld for Sadik Tasdogan, while it was overruled for the other accused persons by the Court of Appeal on 11 June 2001. The case was therefore pending. The Government informed the Special Representative that the trial of the accused persons on charges of insulting the Turkish nation, the Republic and the Government through a publication was pending in
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Uskiidar Criminal Court No. 2. The trial of the accused persons on charges of insulting religions, judges, the Turkish flag and Atatork through the press was pending in Uskiidar Criminal Court of First Instance No. 2.
379. By letter dated 19 September 2001, the Government responded to the urgent appeal sent on 14 August 2001. The Government informed the Special Representative that Rasim Asan had been arrested upon a decision of Sirnak Criminal Court of Peace on 9 August 2001 on the grounds of violating the Turkish Criminal Code by insulting the military. The Government assured the Special Respresentative that none of the medical reports indicated any trace of torture or ill-treatment. The Government added that the confiscated cameras had been returned to their owners and the tapes handed over to the security forces as part of the investigation.
380. By letter sent on 2 January 2002, the Government responded to the urgent appeal sent on 14 August 2001 regarding Rasim Asan. The Government informed the Special Representative that a lawsuit has been filed against Rasim Asan and Osman Baydemir under the Turkish Penal Code on the grounds of insulting the armed forces. Rasim Asan was released following the first hearing, held on 19 September 2001, and Osman Baydemir was not taken into custody. The case is pending.
381. By letter dated 2 January 2002, the Government responded to the urgent appeal sent on 11 September 2001 concerning the raid on the HRFT offices in Diyarbakir. The Government informed the Special Representative that, upon the decision of the competent court, the security forces searched the premises of the Diyarbakir branch of HRFT on 7 September 2001. Afterwards, an investigation had been initiated regarding the HRFT on the grounds of its carrying out activities which went beyond the purposes prescribed by its founding charter and aiding the terrorist organization PKK by its involvement in treating PKK members. The Government added that, following the investigation, a decision of partial non-prosecution was given regarding the accused persons on 25 October 2001, and a decision of non-jurisdiction was given regarding Sezgin Tanrikulu and his file was therefore transferred to the Diyarbakir Public Prosecutor's Office.
382. By letter dated 2 January 2002 the Government responded to the allegation transmitted on 19 October 2001. The Government informed the Special Representative that Ms. Giinseli Kaya and Dr. Alp Ayan had both attended a demonstration held without permission for the funeral of Nevzat Ciftci on 30 September 1999. When the security forces advised the group to disperse, the group attacked with stones and cudgels. Some members of the group, including Ms. Kaya and Dr. Ayan, were detained on the ground of violating the law on meetings and demonstrations. They were released on 20 January 2000 pending trial. The Government added that upon the decision of the relevant court, the security forces searched the HRA premises in Ankara on
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22 December 2000. Ali Riza Bektas and Selim Necati Ort were arrested. A suit was filed demanding the punishment of 12 persons, including Liitfi Demirkapi, on the grounds of aiding and abetting terrorist organizations, and demanding the closure of the Ankara HRA. The Government added that Emrah Serhan Soysal had been taken into custody on 26 May 2001 and arrested on 30 May 2001. His file is pending, as is the IHD file.
383. By letter dated 8 January 2002, the Government responded to the urgent appeal sent on 19 November 2001 regarding Zeki Gene. The Government informed the Special Representative that investigations had been initiated. Zeki Gene was taken into custody on 15 November 2001 and arrested on 19 November 2001. The Government added that a lawsuit had been filed against him and his two fellows on the grounds of carrying out armed acts, restricting personal freedom, threat by weapon and violating law No. 6136.
Observations
384. The Special Representative thanks the Government of Turkey for its detailed replies. The Special Representative was pleased to learn that the Diyarbakir Directorate for Security returned on 10 October 2001 all 365 patient files which had been seized by Turkish police forces from the Diyarbakir Rehabilitation Centre. She also welcomes the release on 19 September 2001 of Rasim Asan. However, the Special Representative remains concerned about the human rights defenders against whom criminal trials are still pending.
UGANDA Communication sent
385. On 2 November 2001, the Special Representative transmitted an allegation regarding an NGO registration amendment bill under consideration by the Ugandan Parliament. The Special Representative expressed her concern over information alleging that such a bill allows the suspension of NGO activities when their statutes are deemed in "contravention of any government policy or plan or public interest". The draft bill does not contain any provision regarding the identity of the entity making this determination. It was also alleged that it stipulates individual liability for acts committed in the service of the organization, including possible imprisonment for up to one year for operating beyond the expiration or revocation of a licence. This draft bill also "expands the Minister's power to make regulations to include prescribing the manner in which organizations shall be wound up when they cease to operate and also prescribing the duration and form of a permit issued to an NGO when it is registered".
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Observations
386. No reply has been received so far.
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Communications sent
387. On 11 December 2000, the Special Representative sent an urgent appeal regarding the situation of the Pat Finucane Centre, a human rights organization based in Derry, Northern Ireland. According to the information received, on 1 December 2000, the Centre allegedly received a Christmas card from the 1st Battalion, Scots Guards, Nanyuki, Kenya, in an official United Nations Protection Force envelope. This card reportedly created an atmosphere of apprehension amongst the members of the Centre. It was reported that the Centre has been actively protesting a decision of the Army Board, which allowed two members of this battalion to continue their careers in the armed services. These two members were convicted
on 10 February 1995 of murdering Mr. Peter McBride (an unarmed civilian) in Belfast on 4 September 1992. It was reported that this Christmas card may be a threat to members of the Centre, particularly since it was received on the same morning that they organized a day of action protesting the Army Board's decision to re-employ the two convicted soldiers. Fears have been expressed that members of the Pat Finucane Centre may be at risk of attack and/or reprisals for their protests against the members of the 1st Battalion, Scots Guards.