Downloaded Consensus on an Active Reform Include the Growing Number Underlying Existing Patterns from Our Website

ISSN: 1462–6535

Kurdish Human Rights Project newsline

Newsline 2, Summer 2009, Issue 46

KHRP Mission Investigates Human Director’s Letter Rights Situation in Southeast Turkey A KHRP fact-finding mission travelled to southeast Turkey in early May to investigate the human rights situation there, with a particular focus on women’s access to justice, impunity for state agents, issues affecting the work of human rights de- Dear Friends, fenders and the human rights We at KHRP have pursued impact of ‘high security zones’. all aspects of our work with Beginning on 2 May, the the same commitment and mission met with interviewees dedication as always over including local mayors, human the past few months, with rights activists, lawyers and particular successes in our journalists in the provinces of training, fact-finding and Diyarbakır, Mardin, Siirt and awareness-raising activities. Şırnak. Mission members also KHRP mission members Edel Hughes and Saniye Karakaş with representatives of women’s In early May we dis- visited villages that were forci- rights organisations in Diyarbakır. patched representatives to bly evacuated during the con- on the part of state officials to must prove that they have no the Kurdish regions of Tur- flict in the region in the 1990s. convince women who make income in order to access le- key to gather information The mission found that complaints that they ought to gal aid. The mission heard that on the human rights situ- women in the areas visited had drop the issue and return to it takes almost three weeks to ation there. Focusing their little or no access to justice, their homes. Women’s access obtain such proof and that this research on women’s access with key obstacles including to justice is further restricted is far too long in urgent cases, to justice, impunity of state language barriers and efforts by a requirement that they continued on page 2 agents, the environment for human rights defenders, KHRP and Spring Projects Host Evening and the impact of extraor- dinary security measures put in place in parts of the of Kurdish Culture to Raise Funds for region in 2007, the mission was disappointed to find Halabja Playground Project that the situation remains KHRP and Spring Projects deeply troubling on all these co-hosted a fundraising event fronts. on 11 June in support of the Also in May, KHRP held a Halabja Community Play Proj- successful training session ect, a scheme led by photogra- for human rights defenders pher Tom Carrigan to construct in Şırnak on using interna- a playground designed by local tional legal mechanisms to children in the town in Kurdis- combat torture and other tan, Iraq, which remains impov- forms of ill-treatment pro- erished and neglected more hibited under Article 3 of than 20 years after the chemical the European Convention attacks that killed thousands (From left) KHRP Chair Mark Muller QC, Deputy Director Rachel Bernu, Michael Leatheren on Human Rights. there in March 1988. of the Big Lottery Fund, and KHRP Executive Director Kerim Yıldız at the fundraising event. On the litigation front, we The event took place at regions. This included a pro- (Dad) by Hisham Zaman, Satel- have pressed ahead with our Spring’s Ten SP bar in Kentish gramme of contemporary short lite by Rahim Zebeihy and Shoes European Court of Human Town, London, and showcased films made in and by directors continued on page 3 continued on page 2 creativity from the Kurdish from the region, such as Bawke 1 continued from page 1: ecuted in cases of alleged hu- KHRP Mission Investigates man rights violations and that, Human Rights Situation in in those instances where they Southeast Turkey are prosecuted and convicted, such as those involving domes- they generally received very tic violence. light or suspended sentences. The mission was told that Questions of impunity and sanctions provided for in Turk- access to justice have been ish family law, such as those al- pushed to the fore recently by lowing for a man to be excluded the ongoing trial in Turkey of from the family home in cases alleged members of the ultra- of domestic abuse, are rarely nationalist ‘Ergenekon’ net- imposed and that, where they work, which has been linked to are used, they are not policed. crimes including extra-judicial Where abused women manage killings and bombings. Those on trial include retired military to secure a place in a shelter, Mission members meeting with the Chair of the Siirt branch of İHD, Vetha Aydın, and police officers are reported to displaced women. officers and politicians. frequently give information Concerns about the human about the whereabouts of such rights situation in Turkey has refuges to perpetrators. The also been underlined recently mission also found that nation- by a wave of arrests of hun- al government programmes dreds of individuals including to raise awareness of women’s human rights defenders, union rights have not covered the members and pro-Kurdish po- Kurdish regions. litical activists, following local The mission found that elections in late March. harassment and repression of ‘Unfortunately this latest those who voice non-violent fact-finding mission confirmed criticism of the state remains that the human rights situation endemic. Human rights de- in the Kurdish regions remains fenders interviewed by mission deeply alarming,’ said KHRP members reported that they Deputy Director Rachel Bernu, are subjected to investigations who took part in the mission. whenever they take action, and The mission is shown around the village of Kırkpınar (Heridan) in Dicle, Diyarbakır prov- ‘Missions such as this serve a ince, residents of which were forcibly displaced in 1993. almost all had multiple cases vital purpose in highlighting open against them at the time has come to be viewed as sim- state officials operating in the such problems and developing of the mission. This type of in- ply normal and inevitable. region, the mission heard that recommendations for how to timidation is so common that it With regard to impunity of such individuals are rarely pros- address them.’

Rights (ECtHR) casework. This viduals all over the world. This has included Kurdish activists with a busy schedule of train- includes ongoing cases on has included activities as di- marking International Labour ings, missions, litigation, behalf of civilian victims of verse as making a submission Day and others calling for publications and other activi- Turkish military operations in to the Obama administration greater protection of wom- ties planned for the coming northern Iraq, as well as a stu- urging a redoubling of efforts en’s rights. months, including our annual dent barred from university in to reach a peaceful, demo- Likewise in Syria, there Legal Team meeting in late Turkey for wearing a beard, in cratic solution to the ongoing have been a series of further June and a training in Arme- a case which goes to the heart conflict in Turkey, and - shar cases of individuals engaged nia in July on implementation of questions surrounding ing our expertise in meetings in Kurdish political move- of judgments of the ECtHR. public expressions of religi- with journalists, academics ments receiving lengthy jail In the meantime, I would osity within Turkey’s strongly and staff at various embassies sentences on such spurious like to extend my warmest secular political framework. in Ankara and Brussels. charges as ‘weakening na- thanks to all our partners, In addition, we have begun Meanwhile, developments tional sentiments’. funders and other supporters work on a new case on behalf in the Kurdish regions have Meanwhile, there has been whose commitment to our of an applicant who was ar- continued to underscore the an alarming wave of arrests of work plays such an impor- rested as a student in Ankara importance of such work. trade unionists, human rights and faces over six years in jail With presidential elections defenders and pro-Kurdish tant role in realising our ob- in Turkey for her involvement looming in Iran, the authori- politicians in Turkey in the jectives. Your contributions, in pro-Kurdish political activ- ties have kept up their use of wake of local elections in late along with those of our staff, ism. arbitrary detention, unfair tri- March, along with growing interns and volunteers, con- Throughout recent months, als and severe punishments reports of torture, beatings, tinue to make a real differ- KHRP has also continued to in order to repress journal- death threats and treason ence in countless lives in the raise awareness of the alarm- ists, human rights defenders charges in Kurdistan, Iraq. Kurdish regions. ing human rights situation and others who exercise their Turning to the future, KHRP Kerim Yıldız in the Kurdish regions in our right to freedom of expres- will continue to respond Executive Director contacts with influential indi- sion. In recent months, this proactively to such threats, June 2009

2 KHRP Conducts Training on Torture and Ill-Treatment in Şırnak KHRP representatives car- moting enforcement of these ried out a training on legal standards. Later in the day, protections against torture she and KHRP Legal Associate and ill-treatment in Şırnak Saniye Karakaş led attendees province in southeast Turkey through workshops in which on 3 May for over 35 partici- they were presented with sce- pants from the Şırnak Bar As- narios involving hypothetical sociation, which hosted the cases of torture and ill-treat- event, and the Şırnak branch ment, and were asked to iden- of the Turkish Medical Asso- tify the violations in question ciation. and develop a plan for report- Nuşirevan Elçi, President of ing them to the appropriate the Şırnak Bar Association, and international bodies. Rachel Bernu, Deputy Direc- The event was tailored in tor of KHRP, opened the day’s response to requests from events by outlining the aims participants at previous suc- and objectives of the training Saniye Karakaş and Dr Edel Hughes lead the training. cessful KHRP trainings in con- programme and discussing junction with the Şırnak Bar the contemporary situation in Association, who had asked Şırnak with regard to torture. The lifting of a 25-year state for further guidance on the of emergency in the southeast practicalities of submitting ap- in 2002 led to a reduction in peals to international bodies. the number of extrajudicial ‘Events such as these are killings and instances of tor- a core element of KHRP’s ef- ture. However, the situation in forts to strengthen independ- the region has become more ent capacity for human rights alarming since the declara- enforcement in the Kurdish tion of a ‘high security zone’ in regions,’ said Rachel Bernu. ‘As Şırnak and the neighbouring always, the enthusiasm and provinces of Hakkari and Siirt Training participants apply their knowledge in discussions of hypothetical case studies. diligence of participants re- in June 2007. School of Law and a member standards pertaining to tor- flected the huge appetite for Dr Edel Hughes, a lecturer of KHRP’s Legal Team, led sem- ture and ill-treatment, and the this kind of training amongst at the University of Limerick inars on the international legal mechanisms available for pro- local human rights defenders.’ continued from page 1: play sessions and initial build- KHRP and Spring Projects Host ing work in March and April Evening of Kurdish Culture to this year, children and others Raise Funds for Halabja Play- in the local community had de- ground Project veloped an enthusiasm for the project and built up a relation- by Shahram Namiq. In atten- ship of trust with those running dance were some of the artists, it. filmmakers, donors and project Steps planned for the com- participants, including Delfina ing months include sinking a Entrecanales, Michael Leather- well on the land, raising further en of the Big Lottery Fund, and funds, planting trees and land- filmmaker Tony Grisoni. scaping the site, and building The event also profiledKurds: adaptable, bespoke play equip- Through the Photographer’s Lens, ment. a collection of photographs, po- ‘KHRP is delighted to have etry and writing commissioned the opportunity to support by the Delfina Foundation to such a creative and innovative Images from Kurds: Through the Photographer’s Lens on display during the event. celebrate 15 years of work by scheme,’ said Kerim Yıldız. ‘More KHRP. There was an exhibi- to be able to support this proj- outline the philosophy of the than 20 years after the trau- tion of photographs from the ect. He then introduced Tom playground scheme, which, matic events of the late 1980s, book and copies were on sale Carrigan, a long-time friend by involving children at every Halabja remains neglected. Its throughout the evening. and supporter of KHRP, who stage in the design and con- children deserve this chance to During an interval in the film described the lack of facilities struction process, gives them a play a lead role in this exciting screenings, KHRP Executive Di- for children in Halabja and the strong sense of ownership over project.’ rector Kerim Yıldız gave a short dangers that they face playing the project. He described how, speech on why KHRP is proud in the streets. He went on to in the course of a series of daily 3 KHRP Makes Submission to ECtHR in Case of Student Arrested in Turkey for Political Activism KHRP submitted a ‘stop the being a member of an illegal less passed the same sentence dom of expression, freedom of clock’ letter to the European organisation and told the An- again on 1 April 2008. This time association, and cultural and Court of Human Rights (ECtHR) kara State Security Court that round, in a decision reached in linguistic rights. As a signa- on 22 May in the case of Zelal her role with HADEP included November 2008, the Court of tory to the European Conven- Özgökçe, who faces more than various activities in the organi- Cassation upheld the judge- tion on Human Rights (ECHR) six years in jail in Turkey over sation’s youth commission such ment. and a member of the Council her involvement in pro-Kurdish as awareness-raising activities, Since HADEP was only of Europe, Turkey is obliged to political activism when she was selling publications and issu- banned in Turkey after Ms respect the rights of Kurds and a student. A ‘stop the clock’ let- ing press releases. Özgökçe’s arrest, she asserts other minorities to participate ter essentially introduces the She was eventually released that the actions for which she in the democratic process. application, including the na- on 28 May 2002 after more than was prosecuted were entirely The findings of the ECtHR in ture of the violations and com- three months in detention, dur- lawful at the time. Around Ms Özgökçe’s case could also plaints to the court, and noti- ing which time she was unable the time that HADEP was pro- have implications for the pro- fies the court of an impending to continue her studies. How- scribed, the EU warned Turkey Kurdish Demokratik Toplum full application. ever, in October 2005 she was that such a move would seri- Partisi (Democratic Society Par- Ms Özgökçe was arrested in sentenced to a total of six years ously damage bilateral rela- ty, DTP), which prosecutors in Ankara in February 2002 and and three months’ imprison- tions. Moreover, the ECtHR has Turkey are currently seeking to accused of membership of ment by the Ankara 11th High frequently condemned the shut down. Many DTP officials an illegal organisation. At the Criminal Court. Although the practice in Turkey of banning are currently facing criminal time, she was studying at Van Court of Cassation overturned successive pro-Kurdish parties. proceedings and its members University and was a member this decision in October 2006 Ms Özgökçe’s case raises a have been targeted in a wave of the youth commission of the and referred the case back to number of human rights con- of arrests since local elections pro-Kurdish People’s Democ- the Ankara 11th High Criminal cerns that have surfaced in at the end of March. racy Party (HADEP), which has Court for reconsideration, the previous KHRP-assisted cases since been banned. She denied same court in Ankara neverthe- against Turkey, including free- European Parliament Passes Resolution on Turkey Progress Report KHRP welcomed a resolution human rights and the rule of ment, with such abuses largely are addressed. Although the passed by the European Parlia- law, including welcoming po- left unprosecuted. Parliament’s resolution em- ment in March in response to litical parties, ethnic and reli- The resolution also un- phasises many of the problems the European Commission’s gious minorities and civil soci- derlines that the continuing highlighted by the Commis- recent report on the progress ety entities in the drafting of a violence and hostility shown sion, we reiterate our disap- made by Turkey towards EU ac- new constitution. towards minorities in Turkey pointment that other areas of cession in 2008. Regarding specific human is intolerable. In particular, it concern were not adequately The resolution underlined rights issues, the Parliament calls for a concerted effort to covered by the Progress Report the finding of the Commis- noted that freedom of expres- improve the cultural rights of - including, for example, the sion’s 2008 Progress Report sion and freedom of the press Kurdish citizens. human rights implications of that the Turkish government are still not sufficiently pro- Welcoming the resolution, cross-border bombardments has failed to reverse what has tected, and specifically called KHRP Deputy Director Rachel by the Turkish military.’ been a continuous slowdown for the repeal of the notorious Bernu said, ‘KHRP supports KHRP own detailed re- of the reform programme since Article 301 of the Turkish Penal Turkish accession to the EU, as sponse to the Commission’s its inauguration in 2005. The Code, which criminalises criti- long as this process includes 2008 Progress Report, which Parliament therefore urged the cism of the state. Other matters comprehensive reforms to en- was published in November development of cross-party of concern to the Parliament sure that the systemic failures last year, can be downloaded consensus on an active reform include the growing number underlying existing patterns from our website. process based on respect for of cases of torture and ill-treat- of human rights violations CALL FOR NEW BOARD MEMBERS KHRP are currently looking to increase their Board, and are looking in particular for people with experience in finance, communications, fundraising and medicine. For more information about KHRP’s activities or on how to become a Board member, please contact Anna Irvin at [email protected]

4 KHRP Speaks at Alternative Water Forum in İstanbul KHRP Development and ‘making propaganda for a ter- Outreach Officer Anna Irvin rorist organisation’. This, along delivered a speech at the third with the deportation of two Alternative Water Forum, which members of the International took place at Bilgi University in Rivers Network for unfurling a İstanbul on 20 to 22 March. banner at the World Water Fo- The Forum was organised rum that read ‘No Risky Dams’, by civil society groups and highlighted the point made NGOs in response to the near- in the speech that the Turkish by meeting of the Fifth World state views opposition to the Water Forum under the aegis Dam as a threat to national in- of the World Water Council. The tegrity and is prepared to re- latter included mostly repre- press such opposition under sentatives from states or pri- The banner which led to the deportation of two members of the International Rivers the guise of counter-terrorism. vate companies, whereas the Network. The Alternative Water Fo- goal of the Alternative Water speech addressed the fallout project, which has gone ahead rum culminated in the Istanbul Forum was to create a space of the construction of the Ilısu without meaningful consul- Declaration, which discusses where civil society actors could Dam in southeast Turkey, both tation with those affected, participate in the debate on for surrounding communities would not directly benefit lo- alternative water manage- water policy and management. within Turkey and also in the cal residents and would bring ment policies. The water jus- Sharing a panel during the downstream states of Iraq and increased conflict rather than tice movement seeks to end session titled ‘Hegemony, War Syria. security. the corporate control of water and Water Policy’, which also Emphasis was placed on the Also present at the Alterna- resources and to ensure that included Nick Hildyard from motives behind the constructive Forum was İpek Taşlı of the all people have access to clean KHRP’s partner organisation tion of the dam, which would Keep Hasankeyf Alive Initiative, and affordable water. Recog- The Corner House, Anna Irvin displace up to 78,000 people, who was arrested whilst under- nising the significance of the spoke about ‘The Impact of mainly Kurds. It was argued taking field research in relation conference’s location, the final Large-Scale Dam Construction that, far from being a solution to the Ilısu Dam in December declaration specifically ad- on Regional Security in the to the socioeconomic prob- 2008, detained without access dresses the situation in south- Kurdish Regions of Turkey’. The lems of southeast Turkey, the to a lawyer and accused of east Turkey. KHRP Letter to President Obama Urges American Support for Resolution to Kurdish Conflict KHRP has written to United partner, is in a strong position and the disastrous effects of regions of both countries. States President Barack Obama to encourage Turkey to work Turkish military incursions into The letter underlined the urging his administration to towards a political resolution Kurdistan, Iraq on local civilian breadth of KHRP’s own work to keep in mind the rights and to the conflict in the Kurdish populations, including wide- promote protection of the hu- freedoms of those living in the regions of the country. Other spread displacement and de- man rights of all those living in Kurdish regions of Turkey, Iraq, issues raised in the letter in- struction of property. the Kurdish regions – including Iran, Syria and the Caucasus as cluded the disproportionate The authors also urged fact-finding missions, trial ob- he works on revising US foreign number of cases against Turkey President Obama’s administra- servations, strategic litigation policy. before the European Court of tion to press the governments and advocacy – as well as the The letter stressed that the Human Rights (ECtHR) in 2008, of Iran and Syria on the serious organisation’s 90 per cent suc- US, as Turkey’s most power- representing over 11 per cent human rights concerns affect- cess rate in cases before the ful and influential strategic of the Court’s total caseload, ing people living in the Kurdish ECtHR. KHRP Speaks at Centre for Applied Human Rights at York University KHRP delivered a success- in the Kurdish regions and the Protection of National Minori- friendly settlements, and judg- ful workshop for students at work that KHRP has done over ties and the European Conven- ment and enforcement. the Centre for Applied Human the years to address this situ- tion on Human Rights (ECHR). Later in the workshop, par- Rights at the University of York ation. This was followed by an The presentation went on to ticipants were given several hy- on 13 May 2009, as part of the explanation of the mechanisms explain the process of filing and pothetical scenarios involving Centre’s new Applied Human involved in promoting protec- pursuing applications before potential applications to the Rights MA programme. tion of human rights within the the European Court of Human ECtHR and were asked to de- The three-hour workshop, European framework, including Rights (ECtHR), including issues velop advice for the applicants delivered by Acting Legal Of- the European Social Charter, such as registration and exami- based on their knowledge of ficer Saadiya Chaudary, began the European Convention for nation of the case, interim mea- the Court and the legislative with a brief presentation outlin- the Prevention of Torture, the sures, fact-finding missions by framework in which it oper- ing the human rights situation Framework Convention for the the Court, admissibility criteria, ates. 5 KHRP Chair Speaks at Norwegian Bar Association Dispatches Conference in Oslo

KHRP Consultant on Women and Children’s Rights Addresses House of Lords Meeting on Situation of Kurds in Turkey

Mark Muller in Oslo with KHRP Legal Team member Arild Humlen.

(From left) Margaret Owen and Lord Hylton at the meeting, along with Muharrem Erbey, KHRP Chair Mark KHRP has long argued Chair of the Diyarbakır branch of the Human Rights Association of Turkey. Muller QC addressed a that current Turkish KHRP Consultant on Women and Children’s Rights conference hosted by counter-terrorism legis- Margaret Owen spoke at a public meeting at the House of Lords on 12 May titled ‘Turkey After the the Norwegian Bar As- lation fails to meet the Elections: New Prospects for a Solution to the Kurd- sociation in Oslo on 28 country’s international ish Question?’. May entitled ‘Combating human rights obligations. The event was an opportunity for Ms Owen and Terrorism and Legal Safe- Amended laws that came other members of a delegation who had acted as guards’, which engaged into force in 2006 have observers during local elections in Turkey at the end with the question of how introduced an alarm- of March to report back on their findings. The meet- to protect fundamental ingly vague definition ing was hosted by Lord Hylton, who also took part freedoms in a political of terrorism, undermine in the delegation. During their time in Turkey, del- context strongly influ- procedural safeguards egation members also observed trial proceedings against Kurdish politician and Sakharov Prize laure- enced by counter-terror- in custody and fair trial ate Leyla Zana. ism concerns. rights, and threaten the Mark Muller’s speech, freedoms of expression Executive Director Gives Talk at Columbia ‘Terrorism, Proscription and association. University and the Right to Resist ‘It is crucial that states KHRP Executive Director Kerim Yıldız was welcomed in an Age of Conflict’, should not sacrifice the at the Harriman Institute for Russian, Eurasian and explored the tensions protection of basic hu- East European Studies at Columbia University on 28 May, where he addressed a group of around 25 peo- between counter-terror man rights in the course ple on the human rights situation in Turkey following mechanisms and the le- of their efforts to en- the elections in March this year. The talk focused on gally-recognised princi- hance national security,’ issues such as restrictions on freedom of expression, ple of self-determination, said KHRP Executive Di- violations of civil and political rights, and cultural and arguing that the lack of rector Kerim Yıldız. ‘We minority rights, and the need for dialogue to resolve an internationally agreed take this opportunity to longstanding problems. The event was moderated definition of terrorism in- again call on the Turkish by Kamal Soleimani, a doctoral candidate in Middle creases the scope for op- authorities to ensure that Eastern Studies at Columbia University. Also in atten- pressive regimes to use application of anti-terror dance were representatives from the Washington office of the Kurdish Regional Government in Iraq, as the struggle against ter- legislation is in compli- well as a representative from the Turkish Embassy in rorism as a justification ance with international New York. The speech, which was well received by all for denying self-determi- human rights law.’ in attendance, was followed by a reception. nation.

6 KHRP Addresses European Parliament Seminar on Human Dispatches

Rights and the Kurds Executive Director Nominated for Robert F. Kennedy Human Rights Award KHRP Executive Director Kerim Yıldız has been nominated for the Robert F. Kennedy Human Rights Award for his efforts to advance protection of the human rights of all people living in the Kurd- ish regions. The award is bestowed annually by the Robert F. Kennedy Center for Justice and Human Rights and recognises individuals for their commitment to social justice throughout the world. The Center offers monetary backing and a five-year partner- ship programme to support laureates in the fight for justice. Past winners of the Robert F. Kennedy Human Rights Award have included activists involved in Rachel Bernu addressing the European Parliament seminar. the campaign against apartheid in South Africa, KHRP took part in a treatment of its Kurdish provision of medical treatment to victims of tor- seminar hosted by the population, including an ture in Darfur, and promotion of the economic and Swedish MEP Jens Holm extremely narrow defini- social rights of residents of New Orleans displaced at the European Parlia- tion of minorities and an from their homes by Hurricane Katrina. ment on 29 April, titled overwhelming tenden- ‘The Kurdish Human cy to equate advocacy Executive Director and Dr Susan Breau to Rights Situation, a Last- for Kurdish civil, politi- Publish New Book on International Law and ing Peace and a Demo- cal and economic rights the Kurdish Conflict cratic Development’. with threats to national KHRP Deputy Director security. This is paral- Rachel Bernu delivered leled by Turkey’s historic a speech on the theme and current treatment ‘The Turkish Acces- of the Kurdish issue as a sion and the Need for simple question of secu- Change’, focusing on the rity, rather than seeing necessity for Turkey, the it in the context of le- European Union and the gitimate claims for cul- international commu- tural, linguistic and civil nity as a whole to mod- rights. ify their approach to the KHRP argued that the Kerim Yıldız and Susanne Dr Susan Breau sign the contract for their new book. Kurdish issue in order to EU should unite in em- KHRP Executive Director Kerim Yıldız and Dr keep Ankara’s accession phasising the multidi- Susan Breau, a Reader in Law at the University of hopes alive, and calling mensional nature of the Surrey, have signed a contract with the publisher for greater international conflict in the Kurdish Routledge to author a book provisionally titled The involvement in resolving regions of Turkey, and Kurdish Conflict: International Humanitarian Law the ongoing conflict. the political and social and Post-Conflict Mechanisms. The book, due for The speech focused consequences of pro- release in 2010, will provide a comprehensive legal on systemic issues which longing it, especially in analysis of the conflict in the Kurdish regions, thus have stalled necessary the context of Turkey’s filling a crucial gap in the existing academic litera- human rights reforms ambitions for eventual ture on the subject. in relation to Turkey’s EU membership. 7 KHRP Speaks on Female Genital Mutilation at Dispatches SOAS

KHRP Takes Part in Conference on Protection for Human Rights Defenders KHRP took part in a conference on ‘Security and Protection for Human Rights Defenders’ at London Metropolitan University on 29 April. Organised by Peace Brigades International UK, the Human Rights and Social Justice Research In- Pranjali Acharya speaking at the SOAS event, alongside organiser Thomas Herzmark. stitute, London Metropolitan University and the KHRP gave a presenta- and the impact of conflict. All Party Parliamentary Human Rights Group, the tion on ‘The Practice of It also warned against a event tackled the existing framework for protec- Female Genital Mutila- tendency amongst some tion of human rights defenders, regional trends in tion (FGM) in the Kurdish Kurds to disregard women’s Regions’ at the School of rights in the name of priori- security risks, and strategies for addressing repres- Oriental and African Stud- tising political struggles. sive trends and gaps in the protection of human ies (SOAS) in London on At the same time, Pran- rights defenders. 29 April. The speech was jali noted some reasons The keynote address was delivered by Margaret delivered by Development for cautious optimism with Sekaggya, the UN Special Rapporteur on the Situa- Officer Pranjali Acharya at regard to efforts to combat a screening of ‘Handful of FGM, including increasing tion of Human Rights Defenders, who spoke about Ash’, a gritty yet sensitive awareness and public de- why the international community needs such ac- documentary by Kurdish bate about the practice and tivists. Other panellists included representatives of filmmaker Nabaz Ahmad, an attempt, albeit abortive, the Council of Europe’s Commissioner for Human which explores the causes that was made in 2007 to Rights, the UN Office of the High Commissioner for and effects of FGM in rural pass anti-FGM legislation in areas in the Kurdish regions Kurdistan, Iraq. Human Rights, and a range of NGOs engaged in through the personal expe- The speech also outlined improving protection for human rights defenders. riences of women. some of the tactics that Research in recent years KHRP has successfully used KHRP Takes Part in Chatham House Meetings suggests that in Kurdistan, to promote women’s rights with Barzani and Türk Iraq up to 70 per cent of over the years, including KHRP representatives have taken part in meet- women may have suffered European Court of Human ings at Chatham House with leading Kurdish politi- the practice. It is thought to Rights casework and ca- be particularly prevalent in pacity-building workshops cal figures from Turkey and Iraq. poorer areas and amongst for tribal leaders, women, On 21 April 2009, KHRP staff members Mustafa internally displaced per- NGOs, human rights activ- Gündoğdu and Anna Irvin attended an event with sons. In KHRP’s experience, ists and those in govern- Demokratik Toplum Partisi (Democratic Society to date there is little hard ment, as well as efforts to Party, DTP) leader Ahmet Türk, entitled ‘Turkey Af- evidence of FGM amongst mainstream gender issues Kurdish communities in as part of broader discus- ter the Local Elections’. Discussions at the meeting Turkey, Iran or Syria, though sions about human rights focused on the aftermath of the March elections, that by no means confirms and the welfare of commu- marked by a wave of arrests of pro-Kurdish politi- that it is not practiced in nities as a whole. cal activists, along with human rights defenders, those countries. The evening was organ- The speech placed the ised by the Kurdish Studies union members and others. practice of FGM in a context and Students’ Organisation Earlier, in March, Janna Manicini of KHRP at- defined by gender-based (KSSO). Arvid Vormann of tended a meeting with Massoud Barzani, the Presi- discrimination grounded WADI, a German NGO work- dent of the Kurdistan Regional Government in Iraq, in patriarchal social struc- ing in Kurdistan, Iraq, also which included discussion of the region’s political tures, regional underde- spoke at the event. velopment, limited access and economic prospects, and issues of democracy to political representation, and human rights. inadequate legal remedies 8 Baku-Ceyhan Campaign Representatives Face Intimidation in Dispatches

Azerbaijan Wave of Arrests Follows Local Elections in Turkey KHRP is alarmed by a wave of arrests which began in the wake of local elections in Turkey in late March and which were ongoing in June. Hun- dreds of people who have been detained include human rights defenders, union members, lawyers Construction work on the Georgia section of the pipeline. and Kurdish political activists. KHRP was alarmed to part of ongoing work that This has included arrests of individuals work- learn in April that repre- the Baku-Ceyhan Cam- ing with KHRP’s partner organisation in Turkey sentatives of its partners paign has been under- İnsan Hakları Derneği (Human Rights Association, in the Baku-Ceyhan Cam- taking for several years, paign had been detained which includes investi- İHD). Four people associated with the organisa- and intimidated by police gating reported practices tion were held for two days from 12 May and were during a research mission and policies of the states subsequently banned from travelling abroad. One and companies involved in Azerbaijan. of them, İHD Executive Committee member Filiz in the pipeline project Representatives of Kalaycı, was then rearrested on 28 May. KHRP’s partner organisa- that have infringed on villagers’ rights to prop- tions Platform and the Also on 28 May, security forces detained Yük- erty and livelihood, and Centre for Civic Initia- that have also resulted sel Mutlu, a spokesperson for the Turkish Assem- tives (CCI) were visiting in allegations of arbitrary bly for Peace human rights group. Her case was the village of Hajalli in detention, torture and ill- reportedly declared confidential, thus preventing the district of Samukh treatment. lawyers from meeting with her or examining the as part of an investiga- ‘The BTC pipeline has tion into whether British already caused substan- evidence against her, in clear violation of interna- Petroleum is fulfilling it tial environmental dam- tional fair trial principles. commitments to local age and incidents like residents affected by this only serve to under- Others detained in operations across the coun- the Baku-Tblisi-Ceyhan line the lack of transpar- try on the same day included members of the (BTC) oil pipeline. In the ency surrounding the Confederation of Public Employees Trade Unions course of their visit, they project and serious con- (KESK). Members of the pro-Kurdish Demokratik cerns about the treat- were arbitrarily detained Toplum Partisi (Democratic Society Party, DTP) by security forces for ap- ment of those whose proximately three hours, lives have been affected have also been rounded up. by it,’ said KHRP Executive faced intimidation and ‘It is extremely disappointing to see this regres- Director Kerim Yıldız. ‘The threats for asking ques- sion towards familiar patterns of repression,’ said tions about the pipeline, Azerbaijani authorities KHRP Executive Director Kerim Yıldız. ‘Moves such and had documents con- and all parties involved in the BTC pipeline must fiscated. Villagers also as these only serve to underscore the fragility of take all necessary steps faced intimidation and the limited advances that have been made in the to ensure that the vil- subsequently expressed lagers caught up in this context of Turkey’s progress towards European fears that they would lose incident face no further Union accession. We urge the Turkish government their jobs as punishment punitive measures, and to engage in constructive dialogue with those for speaking to Platform that research of this kind who peacefully criticise the state, rather than si- and CCI. is proactively facilitated The research mission is rather than obstructed.’ lencing them with repressive tactics.’ 9 KHRP Speaks at Seminar on Minority Language Dispatches Rights in Turkey

Arrests in Iran as Presidential Election Approaches The Iranian authorities have continued to tar- get Kurdish activists and others who exercise their right to freedom of expression in recent weeks, in the run-up to presidential elections scheduled to take place later in the year. On 1 May, for example, Iranian intelligence officers summoned five prominent labour activists to the offices of the Ministry of Intelligence in Sanan- daj, the capital of Kordestan province. As activists Margaret Owen, Mark Muller and Robert Olson at the Garden Court seminar. gathered to mark International Workers’ Day in Amirieh, the main square in Sanandaj, police and KHRP spoke at a semi- significance of language nar entitled ‘The Language rights in relation to recent plain-clothed officers allegedly attempted to grab Question: Influence on local elections in Turkey. the demonstrators’ placards and, when met with the Kurdish Question in Margaret Owen discussed resistance, attacked and arrested several activ- Turkey, 2007-2009’, which her experiences as part of ists. According to the International Campaign for took place at Garden Court a team sent to monitor the Chambers, London on 6 elections, and her obser- Human Rights in Iran, at least ten were arrested. April under the aegis of the vations about the role of On the same day, police also detained over 100 Bar Human Rights Commit- Kurdish identity in election people in a similar demonstration in Laleh Park, tee of England and Wales campaigning. Tehran. (BHRC) and the Peace in There are strict controls Kurdistan Campaign. on use of Kurdish and oth- Freedom of the press was dealt a further blow Hosted by BHRC and er minority languages in on 16 May as reformist newspaper Yas-e-no was KHRP Chairman Mark Mull- the media in Turkey, public er, the seminar featured schooling in Kurdish is ille- shut down on the orders of the Commission for presentations by Dr Robert gal, and Kurdish politicians Press Authorisation and Surveillance. The closure Olson, Professor of Middle face prosecution and ha- came only a day after the paper had re-opened East Politics at the Univer- rassment for such acts as sity of Kentucky, and Mar- providing public services in following a five-year legal battle which had been garet Owen, KHRP Advisor Kurdish or speaking the lan- ongoing since its offices were previously raided on Women and Children’s guage in official settings. and closed in February 2004. Rights. The focus of the ‘Turkey is obliged under evening was the situation European and international There has also been ongoing targeting of indi- of Kurdish language rights human rights law to re- viduals campaigning for women’s rights. In April, in Turkey and how this respect the cultural and lin- a prison sentence handed down to Hana Abdi, a lates to the social, cultural guistic rights of Kurds and and economic position of other minorities,’ said KHRP member of the Azarmehr Association of Kurdish the country’s Kurds, as well Executive Director Kerim Women, was reportedly overturned by an appeals as broader patterns of con- Yıldız. ‘The current situation court only to be replaced with a fine equivalent flict in the region. marginalises the country’s Professor Olson, the au- Kurdish population and dis- to around 30,000 US dollars. The case against Ms thor of seven books and advantages Kurds in educa- Abdi related to alleged ‘gatherings and conspira- over 90 research articles on tion, in the job market and cies to endanger national security’. Middle Eastern history and in countless other walks of Kurdish nationalism, spoke life.’ about his research into the 10 ECtHR Rules Against Turkey in Military ‘Suicide’ Case Dispatches The European Court which had been carried of Human Rights (ECtHR) out at the domestic level KHRP Welcomes International PEN found Turkey in viola- was clearly inadequate Campaign in Support of Writers on Minority tion of the right to life and left so many obvious Rights in Iran on 24 March in relation questions unanswered KHRP welcomed a campaign launched by Inter- to the supposed suicide that judges were unable national PEN on 15 May to raise awareness of the of a soldier in the Turkish to accept the conclusion plight of writers in Iran who speak out on the issue gendarmerie, in an epi- that Mr Beker committed of minority rights. sode which bears com- suicide. Consequently, parison with a number the Court concluded Since President Ahmadinejad came to power in of cases filed with KHRP that the government had Iran in 2005, there has been a marked crackdown assistance. failed to account for this on those who criticise the political status quo. Mustafa Beker was al- death and was in viola- Members of minority communities have been leged to have shot him- tion of Article 2 of the particularly vulnerable, with Kurdish, Azeri and self in the head in 2001 European Convention on Arab writers targeted for calling for greater pro- but his family were made Human Rights (ECHR). tection of their cultural and political rights. In the suspicious by a series Two KHRP cases deal- weeks leading up to presidential elections in June, of odd circumstances ing with supposed sui- surrounding his death. cides of members of the International PEN’s Writers in Prison Committee is Though several peo- Turkish military were re- campaigning to focus attention on such cases. ple were present in the cently declared inadmis- ‘Freedom of expression is a cornerstone of an room when he suppos- sible by the ECtHR. A fur- open, democratic society,’ said KHRP Executive Di- edly killed himself, all of ther KHRP-assisted case rector Kerim Yıldız. ‘We wholeheartedly support them denied witnessing is ongoing before the EC- this campaign and call upon the government of anything. A pathologist tHR on behalf of two Ap- Iran to abide by its obligations under international concluded that the right- plicants whose son died human rights law and respect the basic right of in- handed Mr Beker had whilst carrying out his shot himself in the left military service in 2004. dividuals from all sectors of society to freely voice temple, though a military While the authorities ex- peaceful opinions.’ prosecutor later incon- plained his death as a KHRP has long sought to raise awareness of sistently claimed that he suicide, the Applicants human rights violations committed against Kurd- had shot himself in the question this assertion. ish and other writers in Iran, including arbitrary right side of the head. The Human rights organi- detention, torture and application of the death gun in question was also sations such as Amnesty penalty. KHRP also liaises with UN human rights said to have been fired International have in mechanisms to share information and to urge ac- twice, followed by a third the past noted concerns unsuccessful attempt to about ill-treatment and tion in relation to individual cases of writers who fire it. Furthermore, no persecution in the Turk- face such abuses because of their work. attempt was made to ish armed forces, particu- More information about ways of participating gather fingerprints from larly in relation to indi- in the International PEN campaign – including the gun or from a locker viduals of Kurdish origin, lobbying the Iranian and other governments, and from which Mr Beker was in connection with sus- raising the issue of freedom of expression in Iran said to have stolen the picious deaths of young in your local press – can be obtained by emailing weapon. men completing their [email protected] The Court considered military service. that the investigation 11 Excavations Begin in Search for Remains of Relative of Dispatches KHRP Applicant

The Turkish authorities have begun excavations in the KHRP Attends Volunteer Fairs Kurdish regions of Turkey in a search for the remains of two people who went missing during the conflict there in the mid-1990s, one of whom was at the heart of a case filed at the European Court of Human Rights (ECtHR) with KHRP assistance in 2002. The search for the remains of Fethi Yıldırım and Hakkı Kaya in the Hani district of Diyarbakır began in response to information supplied by Abdülkadir Aygan, a former member of the Kurdistan Workers’ Party (PKK) turned state informant whose confessions have formed a large part of investigations into the conflict’s many unsolved murders. Fethi Yıldırım, a farmer who had been involved with pro- Akiko Saikawa, Matt Malone, Jori Knight-Jones and Di Lu. Kurdish political parties, disappeared after being detained KHRP has continued to promote its internship and in 1994. KHRP assisted his brother, Süleyman Yıldırım, in fil- volunteering programmes at a series of university ing an application to the ECtHR claiming violations of the events. Research interns Şükran Kavak and Akiko Saikawa at- right to life, the prohibition of torture, the right to liberty tended the City Law School Pro Bono Fair on 26 March, and security, and the right to a fair trial, amongst others. At which gave students the chance to find out more about the time, the case was declared inadmissible. opportunities for pro bono work with more than 25 or- Hakkı Kaya, the second individual mentioned in Aygan’s ganisations represented on the day. KHRP Administra- testimony, was detained along with two friends in 1996. tor Jori Knight-Jones, along with resources and commu- Though his two friends were eventually released, Kaya was nications intern Matt Malone, research intern Di Lu and never seen again. Digging at the site where he is thought former research intern Aditi Surie von Czechowski, also took part in two volunteering events for students at the to have been buried was reported to have uncovered hun- School of Oriental and African Studies in May and June. dreds of bone fragments and the remains of clothing. Students at all of the events showed a great deal of in- Two individuals were reportedly taken into custody in terest in interning and volunteering with KHRP, with Diyarbakir province in connection with the excavations. many exchanging contact details in order to follow up Abdülhakim Güven and Hıdır Altuk, both of them said to on their discussions. be PKK informants, were apparently accused of involve- Interns and volunteers play a key role in all aspects of KHRP’s work. Current opportunities include legal in- ment in unsolved murders. ternships, resources and communications internships, ‘There is a real need in Turkey to confront the systematic development and funding internships, and research human rights violations that characterised the height of internships. We are also recruiting for an Iran and Syria the conflict in the Kurdish regions and to begin the pro- Desk Officer on a voluntary basis. More information is cess of securing justice for the relatives of all those who available at www.khrp.org. were “disappeared”,’ said KHRP Executive Director Kerim Yildiz. ‘It is regrettable that Abdülkadir Aygan’s evidence SPREADING THE WORD was not taken more seriously years ago – delays in cases KHRP has continued to play a leading role in inform- such as this open the way for the possibility of evidence ing political, media and academic analyses of developments in the Kurdish regions in recent months. being tampered with. We hope that these latest excava- On 5 May KHRP Deputy Director Rachel Bernu trav- tions will be a step towards identifying those responsible elled to Ankara, Turkey to meet with the Delegation of in these particular cases and holding them to account. the European Commission to Turkey. Over the next two There has been a new impetus to investigate suspected days she also met with representatives of the Dutch, mass graves in southeast Turkey after prosecutors ordered Norwegian, Irish, Danish, British, Belgian, Swedish and excavations in February in response to requests from rela- American embassies. The purpose of the meetings was tives of dozens of missing Kurds.

12 KHRP Writes to Turkish Justice Minister Over Prison Hunger Strike Dispatches

to brief them on the latest human rights situation in the Kurdish regions of Turkey and KHRP’s recent and forthcoming work. Rachel was in Turkey to take part in a training seminar and fact-finding mission in the southeast of the country, both of which are reported on in more detail elsewhere in this edition of Newsline. On 14 May Executive Director Kerim Yıldız met with Muharrem Erbey, Chairperson of the Diyarbakır branch of KHRP partner İnsan Hakları Derneği (Human Rights Association, IHD). Mr Erbey is also the Vice President of the Human Rights Foundation of Turkey. A well-re- spected lawyer, he is currently acting for the defence in KHRP representatives Walter Jayawardene and Nicholas Stewart with members of high-profile court cases against Kurdish politician Leyla TUAD-DER (Prisoners’ Families Association) during a fact-finding mission to investigate Zana and Diyarbakır Mayor Osman Baydemir. Kerim and prisoners rights in Turkey in December 2008. Mr Erbey discussed their concerns regarding the hu- KHRP wrote to the then Turkish Justice Minister Me- man rights situation in Turkey, as well as Mr Erbey’s in- hmet Ali Şahin in April expressing grave concern at a volvement in representing hundreds of Kurdish political hunger strike in Erzurum H-Type Prison in the south- activists who have been detained since local elections east of the country and calling for protection of pris- in March and the assistance that he is providing to chil- oners’ rights in line with international standards. dren jailed for taking part in political demonstrations. According to KHRP’s partner organisation in Tur- Mr Erbey also visited the KHRP office in London to brief key, İnsan Hakları Derneği (Human Rights Association, staff and interns on the latest human rights situation in İHD), the prisoners began their protest on 23 February the Kurdish regions of Turkey. 2009 in an effort to highlight abuses including threats In late May, during a trip to New York, Kerim held and ill-treatment by prison officials, lack of access to meetings with a number of US policy makers and gov- legal aid, a prohibition on use of Kurdish in commu- ernmental and non-governmental organisations in or- nications with family members, restrictions on access der to discuss and promote work that KHRP is currently to publications in languages other than Turkish, and a undertaking in the Kurdish regions. lack of opportunities to mix with prisoners other than Following his trip to the United States, Kerim was their cell-mates. interviewed by Dakhil Elias, a journalist for Voice of KHRP’s letter expressed alarm that after weeks with- America, on 31 May about his thoughts on the recently out food, the prisoners faced serious risk of permanent published Amnesty International report The State of the injury or even death. The letter also pointed out that World’s Human Rights and its findings in relation to the the prisoners’ demands invoked basic rights that the human rights situation in Turkey. The report noted that Turkish state is obliged to uphold as a signatory to the there had been no improvements in the human rights European Convention on Human Rights (ECHR) and as situation in Turkey over the past year, in line with KHRP’s a member of the Council of Europe. own observations. This incident is reflective of wider patterns of abuse Back in March, KHRP Turkey and Iraq Desk Officer within the Turkish prison system, as was revealed by a Mustafa Gündoğdu was also quoted on the website of KHRP fact-finding mission which travelled to Turkey in the international news channel France24, in an article December 2008. Concerns highlighted by the mission about efforts to court Kurdish voters in the run-up to included routine ill-treatment, arbitrary punishments local elections in Turkey. Mustafa spoke about the de- without adequate recourse to appeal, arbitrary restric- cision of Prime Minister Recep Tayyip Erdoğan to use tions on visiting and language rights, overcrowding Kurdish in his campaigning, while Kurdish politicians and the high proportion of inmates in the system who are still awaiting trial. The overarching problem identi- are banned from speaking in their own language, and fied by the mission was a lack of proper accountability recent calls from the opposition Republican People’s and independent oversight within the prison system. Party for the Kurdish new year to be declared a public holiday.

13 NEW AND UPCOMING KHRP PUBLICATIONS

Free copies of publications may be accessed and downloaded on KHRP’s website (www.khrp. org). Printed copies are available for £10.00 + P&P through our brand new online shop.

Impact Report 2008 Rights Project, this book represents for those interested in legal devel- In ad- an initiative to present a vivid visual opments in relation to Turkey, Iraq, dition to history of the life and times of the Iran, Syria and the Caucuses. providing Kurds over the past decade and a an over- half. It brings together the work of Closed Ranks: Transparency view of some of the most prominent pho- and Accountability in Turkey’s the human tojournalists and photographers Prison System rights situ- who have worked across the Kurd- ISBN 978-1-905592-23-4 ation in the Kurdish regions of Tur- ish regions in that period – includ- This report is based on the key, Iran, Iraq, Syria and the Cauca- ing Susan Meiselas, Jan Grarup, Ed findings of a sus, this annual publication details Kashi, and Patrick Robert – with the mission dis- KHRP’s activities throughout the writings of Noam Chomsky, Harold patched to Tur- year, including our human rights Pinter, Jon Snow and poet Choman key by KHRP litigation and advocacy, training Hardi. from 15 to 19 and fellowship programmes, fact- D e c e m b e r finding missions and trial observa- 2008 follow- tions, research and publications, Legal Review 15 ing reports by and public awareness campaigns ISSN1748-0639 media and re- and communication strategies. Legal Re- gional partners The report also reviews the im- view 15 cov- of increased pact of KHRP’s work in 2008 in pro- ers the period violations of prisoners’ rights. The moting greater protection of hu- from January mission travelled to İstanbul, An- man rights in the Kurdish regions, to June 2009 kara, Mardin and Diyarbakır, inter- with a particular focus on political and features viewing former prisoners, prison- and judicial systems, torture and news and up- ers’ families, NGOs, human rights ill-treatment, freedom of expres- dates relevant advocates and lawyers. Meetings sion and association, cultural and to the Kurdish were also requested with officials linguistic rights, environmental regions, as well involved in the detention system justice, gender equality, the right as summaries and analysis of rele- but these were all either refused to life, and war and instability. vant decisions of international, UK or cancelled at the last minute. The report should be viewed as a and US Courts. Articles in this edi- Concerns highlighted by the mis- primary resource for anyone inter- tion tackle subjects such as protec- sion included routine ill treatment, ested in the human rights situation tion of the right to family life under arbitrary punishments without in the Kurdish regions. European law in cases of migrants adequate recourse to appeal, ar- expelled from their host countries, bitrary restrictions on visiting and the concept of the rule of law, language rights, overcrowding and Kurds: Through the structural violence against women the high proportion of inmates Photographer’s Lens in Kurdistan, Iraq, and freedom of in the system who are still await- ISBN 978-1-904563-86-0 expression in Armenia in the wake ing trial. The overarching problem A unique of a landmark ruling in 2008 in the identified was a lack of proper ac- collection of KHRP-assisted case of Meltex Ltd countability and independent photographs, and Mesrop Movsesyan v. Armenia oversight within the prison system. poetry and before the European Court of Hu- The report places these findings in writing com- man Rights. the context of Turkey’s internation- missioned by Legal Review is the only existing al human rights obligations and of- the Delfina legal journal covering legislation fers concrete recommendations for Foundation to and policy pertinent to the Kurd- improving protection of prisoners’ mark 15 years of the Kurdish Human ish regions and is essential reading rights. 14 NEW AND UPCOMING KHRP PUBLICATIONS

Fourth International for the country is grounded in a a picture of the context surround- Conference on the EU, Turkey narrow, secular and ethnically-ex- ing this high-profile case. The re- and the Kurds, European clusive form of nationalism. port places the case in the context Parliament, Brussels, 3rd – 4th This is an updated version of a of the domestic and international December 2007 paper originally published by KHRP legal framework with regard to tor- ISBN 978-1-905592-22-7 in July 2008, just prior to the final decision of the Constitutional Court ture and ill-treatment, and draws This report out key themes including impu- covers the key on moves to shut down the ruling nity of state officials and the role proceedings of Adalet ve Kalkınma Partisi (Justice the fourth in a and Development Party, AKP). It of doctors in covering up abuses in series of annu- features a detailed exploration of detention. al conferences that case and ongoing parallel pro- organised by ceedings against the pro-Kurdish the EU-Turkey Demokratik Toplum Partisi (Demo- Fact-Finding Mission Report on Civic Commis- cratic Society Party, DTP). It also the Human Rights Situation in sion (EUTCC), includes analysis of the concept the Kurdish Regions of Turkey which took place at the European of parliamentary immunity and its This report will present the find- Parliament in Brussels from 3 to 4 application in different parts of the ings of a KHRP mission that trav- world, the historical context of the December 2007. Themed ‘Time for elled to southeast Turkey in early Change’, the event was hosted by cases against the DTP and AKP, and May to investigate the human the founders of the EUTCC, namely the implications of these cases for the Bar Human Rights Commit- democracy and human rights in rights situation there, with a par- tee, the Kurdish Human Rights Turkey. ticular focus on women’s access to Project, medico international and The updated version of the pa- justice, impunity for state agents, the Thorolf Rafto Foundation for per covers moves against MPs and issues affecting the work of hu- Human Rights, and was supported political parties that were ongoing man rights defenders, and the hu- by members of the European Par- in the months leading up to the man rights impact of ‘high security March 2009 elections. liament. Topics addressed in the zones’. Those interviewed by the course of the conference included mission during its time in the prov- the progress of democratisation UPCOMING PUBLICATIONS and legislative reform in Turkey, inces of Diyarbakır, Mardin, Siirt and the prospects for dialogue and Trial Observation Report on and Şırnak included local mayors, conflict-resolution. The report in- Death in Custody Case human rights activists, lawyers and cludes the full texts of the speech- This report will set out the find- journalists. The mission found that es and final resolutions, as well as ings of a mission dispatched to women in the areas visited had lit- a background paper distributed at Turkey by KHRP from 2 to 4 March tle or no access to justice, with key the conference. 2009 to monitor trial proceedings obstacles including language bar- against 60 state officials charged riers, a refusal on the part of many in connection with the alleged Protecting Politicians or state officials to take their com- Protecting Democracy? torture and beatings of activist plaints seriously, bureaucratic ob- Parliamentary Immunity and Engin Çeber, who died in custody stacles to obtaining legal aid, and in October 2008. Following Çeber’s Party Closure in the Run-Up to a failure to implement protective death, Turkish Justice Minister Me- Local Elections in Turkey measures available under Turkish hmet Ali Şahin issued a rare apol- This briefing paper explores the family law. The mission also heard ways in which the mechanisms ogy to his family. Besides attending that human rights defenders and available in Turkey for lifting the the court proceedings, the agenda immunity of MPs and shutting for the mission also included meet- others who voice non-violent criti- down political parties facilitate the ings with human rights defenders, cism of the state face systematic targeting of democratically elected lawyers, family of Engin Çeber and harassment, and that officials ac- politicians by unelected officials others who were arrested at the cused of human rights violations whose conception of what is best same time as him in order to build are rarely prosecuted. 15 ✔ YES I/We would like to support the work of KHRP Please find enclosed a donation for £500 ______£250 ______£100 ______£50 ______✃ £20 ______£10 ______£ ______Other NB Please note that certain gifts may be eligible for tax relief

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Expiry Date: ...... THE ORGANISATION investigations and producing reports on the Date ___/___/___ Signature ...... The KHRP is a non-political, human rights situation independent human rights of the Kurds in Turkey, Please send me a deed of covenant / gift aid form so I can make my organisation, founded in Iran, Iraq, Syria and donation more effective by enabling KHRP to claim the tax paid. December 1992 and based elsewhere by sending in London. Its founding trial observers and fact- Name...... members include human finding missions. Address ...... rights lawyers, barristers, • Using reports to promote academics and doctors. awareness of the plight ...... The Project is registered of the Kurds on the as a company limited by part of the committees ...... Postcode...... guarantee (company number established under human 2922108) and is also a rights treaties to monitor Tel...... Fax...... registered charity (charity the compliance of states. number 1037236). • Using the reports to Please return to: The KHRP is committed to promote awareness KHRP the protection of the human of the plight of the 11 Guilford Street Tel: +44 (0)207 405-3835 rights of all persons within Kurds on the part of the LONDON Fax: +44 (0)207 404-9088 the Kurdish regions of Turkey, European Parliament, WC1N 1DH Email: [email protected] Iran, Iraq, Syria and elsewhere, the Parliamentary irrespective of race, religion, Assembly of the Council Calendar Of Events sex, political persuasion or of Europe, the national other belief or opinion. parliamentary bodies June and inter-governmental · KHRP to attend seminar organised by the Western organisations including the Aims United Nations. Kurdistan Association in London to mark fourth anni- • To promote awareness of • Liaising with other versary of the abduction and killing of Kurdish cleric the situation of Kurds in independent human Turkey, Iran, Iraq, Syria and rights organisations Sheikh Muhammed Ma’shuq al-Khiznawi in Syria elsewhere. working in the same field, (12 June) • To bring an end to the and co-operating with violation of the rights lawyers, journalists and · KHRP Advisory Group member Professor Bill Bowring of the Kurds in these others concerned with speaking at ‘Security, Freedom of Expression and countries. human rights. • To promote the protection • Offering assistance to the Right to Dissent: Anti-Terror Legislation in Turkey, of the human rights indigenous human rights the UK and the EU’ at The College of Law, London of the Kurdish people groups and lawyers everywhere. in the form of advice, (17 June) training and seminars in international human · KHRP Legal Team Meeting (24 June) Methods rights mechanisms. • Monitoring legislation, • Assisting individuals in the · KHRP fact-finding mission to Kurdistan, Iraq including emergency bringing of human rights (late June) legislation, and its cases before the European application. Court of Human Rights. • Conducting July · KHRP Board meeting (July) Newsline is published quarterly KHRP by the KHRP. Materials in Newsline Kurdish Human Rights Project (KHRP) · Training in Armenia on implementation of European can be reproduced without prior 11 Guilford Street permission. London WC1N 1DH Court of Human Rights Judgments (13 to 15 July) Tel: +44 (0)207 405-3835 However, please credit Newsline, Fax: +44 (0)207 404-9088 · KHRP to make submission to CEDAW (27 July) and send us a copy of the Email: [email protected] publication. www.khrp.org · KHRP trainings in Kurdistan, Iraq (July to September)