18-22.09.2010 Daily Human Rights Report
(09/078) Operations and clashes in South-east…
On 17 September 2010 ten people were wounded (7 of the police officers) in the explosion in the vicinity of the funeral of two people who had been killed the explosion of a mine as a civilian minibus was passing by in Peyanis (Geçitli) Village of Durankaya Municipality of Hakkâri Province on 16 September 2010. Nine people had been killed and four people had been wounded with the explosion of a mine as a civilian minibus was passing by in Peyanis (Geçitli) Village of Durankaya Municipality of Hakkâri Province on 16 September 2010 (Radikal, 17 September).
Two militants of Kurdistan Workers’ Party’s (PKKKurdish Workers' Party ) armed wing People’s Defence Forces (HPGPeople's Defence Forces (armed wing of the PKK) ) were wounded in the clash in Bükle Plateau of Dörtyol District of Hatay Province on 17 September 2010 (Cumhuriyet, 17 September).
(09/079) Persons killed by temporary village guards in Ağrı Province…
Temporary village guard Nihat Aslan and his relative Head-of-the-Village Vehbi Aksoy who had animosity began to quarrel in the village square in Otlubayır Village of Ağrı Province on 19 September 2010. Vehbi Aksoy’s relatives also interfered the quarrel and Nihat Aslan opened fire with his Kalashnikov rifle and killed Vehbi Aksoy, Vehbi Aksoy’s son Ozan Aksoy, his nephew Bahit Aksoy, Sinan Aksoy and Serkan Aksoy. Three people were also wounded in the incident.
Nihat Aslan who had killed five people and one of his relatives were arrested on 20 September 2010 (Radikal; Zaman, 20 September).
(09/080) Cizre’de Meydana Gelen Faili Meçhul Cinayetlerle İlgili JİTEM Davası…
On 17 September Diyarbakır Heavy Penal Court No. 6 went on hearing the case against 7 defendants in JITEM (Gendarmerie Intelligence and Fight against Terrorism) charged with 20 killings that had been committed between 1993 and 1995 when Cemil Temizöz had been the commander of Cizre Gendarmerie Station in Şırnak province, Cizre district. Human Rights Association’s (HRAHuman Rights Association /IHD) Diyarbakır branch Chairperson Muharrem Erbey, who has been a pre trial detainee in the investigation against the Koma Ciwaken Kurdistan-Kurdistan Communities League /Assembly of Turkey (KCK/TMKCK Par lament Turkey ), the KCKUnion of Communities in Kurdistan is the intend to organize the Kurdish people as an umbrella organization that includes Kurdistan Workers Party (PKK),was heard in the hearing in connection with the testimony of the defendant Mehmet Nuri Binzet.
Muharrem Erbey stated that he talked with the defendant Mehmet Nuri Binzet in prison in March 2009 with the demand of him and he gave him some money as a loan and he did not make any promise to him. The court prolonged the pre-trial detention period of the defendants and adjourned the hearing to 15 October 2010.
Cemal Temizöz who was made to retire in supreme Military Board on 18 September 2010 was transferred to Diyarbakır D Type Closed Prison (trt.net.tr, 17 September; ETHA, 18 September; bianet.org, 20 September).
(09/081) The case on the murder of Emrah Gezer…
On 16 September 2010 Ankara Heavy Penal Court No. 9 went on hearing the case against the police officer Serkan Akbulut (32) who killed Emrah Gezer with his firearm in the bar where he quarrelled with Emrah Gezer on Kurdish song they sang in the night of 26 December 2009 in Ankara Province. The court adjourned the hearing to 11 November 2010 on the grounds that the ballistic report on the bullet that was found on the body of Gezer of Forensic Medicine Institute was not handled to the court yet (Günlük, 17 September).
(09/082) Extra-judicial killing attempt in Van Province…
Soldiers opened fire to a minibus and minibus driver Fahrettin Sancak and Polat Sancak were wounded in Özalp District of Van Province on 17 September 2010 (ANF, 17 September).
(09/083) Ongoing torture and ill-treatment in prison case…
Colonel Mustafa Özmen stands trial for the alleged torture of detained conscientious objector Enver Aydemir who refused to do his military service because of religious reasons. Özmen apparently tortured Aydemir in the Maltepe (Istanbul) Military Prison. In his defence he said: "Maybe my hand slipped across his face".
Complainant Aydemir, his lawyer and un-detained defendant Özmen attended the first hearing of the case at the Selimiye (Istanbul) 1st Military Court on Thursday (23 September).
As reported by the Etha.com.tr website, defendant Özmen was previously convicted of beating a subordinate; the punishment had been converted into a monetary fine. The lawyers requested to open a further trial against him on the grounds of forgery of documents but the court board dismissed this demand saying that it was not of concern in the current case.
In a cross-examination, the defence lawyers referred to the fact that the defendant forced Aydemir to lie down on the floor by bending his hands and arms and asked why Colonel Özmen did not draw up a record instead of resorting to violence. They furthermore questioned whether the regulations include an article on "making somebody wearing military clothes by force".
Defendant Albay refused to answer the questions. Thereupon, the lawyers stated that there is no such article in the regulations.
Colonel Özmen put forward that the report of the Maltepe Prison military physician attested the conscientious objector to be in good health.
Aydemir was examined in Eskişehir after he had been taken there from the Maltepe Prison. The medical report referred to Aydemir's condition after he left the Maltepe Prison and stated that "beating marks started to heal". When asked on this topic, defendant Özmen replied: "You have to ask this to the doctor".
Özmen called it a "standard application" that the according camera records of the prison were erased. Upon the insisting questions of the lawyers, Özmen admitted: "I watch the records and if there is no element of crime I have them deleted".
"I got very angry when he called the soldiers 'cruel'. I am a human being. I may have cursed. I held him by the shoulders to lead him out of the room, maybe my hand slipped across his face".
Defendant Özmen declined allegations of "kicking Aydemir on his chest", and applying a "bastinado" punishment as "defamation. He said that Aydemir was forced to sit down on a chair by two soldiers.
The colonel claimed that Aydemir only filed a criminal complaint about him instead of suing the soldiers who tortured him. In his opinion, this "was a political and ideological attitude to fray out the Turkish Armed Forces".
Aydemir gave a reason for the complaint against Özmen and said that the torture was carried out within the chain of command and that the other soldiers apologized to him later on. The second hearing of the case is scheduled for 29 November 2010 (bianet, 24 September).
(09/084) Attack on deputy in Bursa Province…
Marmara University’s student Bilgihan Şimşek who had attacked on BDPPeace and Democracy Party ’s Diyarbakır Deputy Akın Birdal in the referendum meeting in Bursa Province on 10 September 2010 was arrested after his medical treatment on 17 September 2010 (ntvmsnbc.com, 17 September).
(09/085) Coercion in prison…
Fifty prisoners of Gaziantep H Type Closed Prison were sentenced to ban of communication for one month on the grounds that they did not consume the soup which was distrusted as breakfast reported on 20 September 2010 (ANF, 20 September).
(09/086) Tried persons…
Istanbul Heavy Penal Court No. 9 went on hearing the case against ten defendants –including journalist Mehmet Ali Birand, Deputy of the closed Democratic Society Paty (DTP) Aysel Tuğluk and deputy of Peace and Democracy Party (BDP) Ayla Akat Ata- in connection with the news published in newspapers such as Yeniden Özgür Gündem and Milliyet between March 2003 and February 2004 on charges of “making propaganda of an illegal organisation” “intentionally and voluntarily helping the illegal organisation although not being an executive of it”, and “being a member of an illegal organisation” on 21 September 2010.
The court adjudicated to prepare an arrest warrant for the defendant Lawyer Mahmut Şakar and adjourned the hearing to 1 February 2011 (bianet.org, 21 September).
(09/087) Tried party executives…
Aydın Penal Court of Peace No. 1 began to hear the case against the The Labour Party’s (Emek Partisi (EMEPLabour Party )) Aydın Branch chairperson Abdurrahman Saran in connection with his speech in the celebration of Newroz on 21 March 2010 on charges of “praising crime and criminal” under the Article of 215/1 of TPCTurkish Penal Code on 21 September 2010.after taking the testimony of Saran the court adjourned the hearing for preparation of the legal argument of the defendant’s lawyers on 11 November 2010 (Evrensel, 22 September).
(09/088) Tried journalists…
İstanbul Heavy Penal Court No. 10 went on hearing the case against Milliyet Newspaper’s journalist Namık Durukan and the newspaper’s editor-in-chief Hasan Çakkalkurt in connection with the interview with on of the executives of PKK Duran Kalkan which was published on 24 June 2009 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 21 September 2010. The new prosecutor asked for an imprisonment up to 7 years and 7 months each in his legal argument. The court adjourned the hearing for the preparation of legal argument of the defendants’ lawyers (Milliyet, 22 September).
(09/089) Tried persons…
Ankara Heavy Penal Court No.12 began to hear the case against the 7 members of the People’s House (Halkevleri) who had been detained in house raids on 1 June 2010 in Samsun Province –five of them had been arrested on charges of “being a member of an illegal organisation” on 4 and 11 June 2010- on 21 September 2010. The court heard the legal arguments of the 7defendants and released five pre-trial detainees and adjourned the hearing to 2 December 2010 (TİHV, 21 September).
(09/090) Convicted editor-in-chief...
Istanbul Heavy Penal Court No. 12 sentenced the owner and editor-in-chief of the Red Flag for Socialism Magazine (Sosyalizm İçin Kızıl Bayrak) Ayten Özdoğan to 15 months of imprisonment in connection with the news published in the magazine on 18 December 2009 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 21 September 2010 (TİHV, 21 September).
(09/091) Confiscated book…
Diyarbakır Heavy Penal Court No. 4 adjudicated to confiscate the book Private War (Özel Savaş) of Cemal Şerik which was published by Aram Publishing on charges of “making propaganda of an illegal organisation” on 21 September 2010 (Zaman; ANF, 21 September).
(09/092) Restriction of access to website…
Telecommunication Communication Presidency (TİB) restricted the access to the website of the Fırat News Agency, firatnews.org, reported on 17 September 2010 (Cumhuriyet, 17 September).
(09/093) KCK Case in Gaziantep Province…
Adana Heavy Penal Court No. 8 went on hearing the case against the 22 defendants who had been arrested in the operation against the Koma Ciwaken Kurdistan-Kurdistan Communities League /Assembly of Turkey (KCK/TM), the KCK is the intend to organize the Kurdish people as an umbrella organization that includes Kurdistan Workers Party (PKK) in Gaziantep Province on 17 September 2010.
The court heard the legal arguments of the 22 defendants and released 10 of them and prolonged the pre-trial detention period of the 12 defendants and adjourned the hearing to 26 November 2010 (Gündem, 17 September).
(09/094) Detained executives and members of party and organisation…
Seventeen people were detained –including Socialist Democracy Party General Chairperson Rıdvan Turan and the representative of the Platform of Social Freedoms (TÖS) Oğuz Kayserilioğlu- on the raids on SDP’s Istanbul Branch Office and Kadıköy District Branch Office and on the houses of the members of TÖS in Istanbul Province on 21 September 2010 (TİHV, 21 September).
(09/095) Human rights violations and attacks in the process of Referendum on 12 September 2010…
Three out of the 7 BDP members who had been detained in front of the school to monitor the referendum in İstanbul Province on 12 September 2010 were arrested on 17 September 2010 (atilim.org, 17 September).
(09/096) Racist attack in İnegöl District…
Twenty-one out of the 44 detainees who had been detained on 15 September 2010 after the evaluation of the surveillance camera records during the racist attack on Kurdish people in Inegöl District of Bursa Province on 25 July 2010, were arrested on 17 September 2010 (Star, 18 September).
(09/097) Raid on municipality’s institutions in Diyarbakır…
Six detainnes who had been detained in synchronised raids of the police teams on Sur Municipality’s Youth House, Sodes Women Centre and Hasırlı Free Citizens’ Association on 13 September 2010 in Diyarbakır Province were arrested on 17 September 2010 (Gündem, 17 September).
