GENERAL HUMAN RIGHTS REPORT FOR TURKEY Human Rights Foundation of Turkey (TIHV) – January 2012

(01/001) Torture and ill-treatment in detention…

B.Y. who had been taken to Ba?lar Security Directorate to give testimony on the fight he participated was beaten in Diyarbak?r Province on 1 January 2011. B.Y.’s jaw, teeth and nasal bone were fractured due to the tortured he was subjected to (ANF, 2 January).

(01/002) Coercion in prisons…

The administration of Bitlis E Tipi Type Closed Prison sentenced the hunger strikers who protest the prison conditions of Abdullah Öcalan to ban of communication for 6 months including table visits reported on 1 January 2012 (D?HA, 1 January).

(01/003) Coercion in prisons…

Zeynep Yayla was sentenced to ban of visit for 1 month on grounds that she saluted two other convicts during her visit to Sezgin Çelik, a prisoner in Sincan (Ankara) F Tipi Type Closed Prison No. 1 reported on 2 January 2012 (Radikal, 2 January).

(01/004) Confiscated calendar in Manisa Province…

Manisa Penal Court of Peace No. 3 adjudicated to confiscate the calendar of the Peace and Democracy Party’s (BDP) Province Branch for 2012 on grounds that there are sentences in Kurdish on charges of opposing the Law of Political Parties reported on 2 January 2012 (alinteri.org, 2 January).

(01/005) Massacre in ??rnak Province…

Nine juveniles were detained in the intervention of the police teams to the protest against the murder of 35 villagers in the air attack of the Turkish Air Force in Ortasu (Roboski) Village of Uludere District of ??rnak Province on 28 December 2011, in Tarsus District of Mersin Province on 1 January 2012.

Nine juveniles were detained in the intervention of the police teams to the protests in Adana Province (ANF, 2 January).

(01/006) Detentions and arrests…

Six people who had been detained in Do?ubayaz?t District of A?r? Province on 31 December 2011 were arrested on charges of “making propaganda of an illegal organisation” and “throwing stones to law-enforcement officers” on 1 January 2011 (yuksekovahaber.com, 2 January).

03.01.2012 Daily Human Rights Report

(01/007) Coercion in prisons…

Malatya E Tipi Type Closed Prison confiscated the book of Clara Zetkin’s Selected Essays on the Woman Cause which was sent to the prisoner Ay?e I??k by her sister Sibel I??k on grounds that the book is “inappropriate” reported on 2 January 2012 (atilim.org, 2 January).

(01/008) Coercion in prisons…

On 2 January 2012 Mehmet Öcalan, Abdullah Öcalan’s brother, was not allowed to go to ?mral? Island and visit his brother on grounds that the ship that will carry him to the island was out of order.

Abdullah Öcalan had been sentenced to solitary confinement for 20 days in 2009 and the practice of the sentence was reportedly started on 29 November 2011 (ANF, 2 January).

(01/009) Tried persons…

On 28 December 2011 Ankara Penal Court of First Instance No. 3 began to hear the case against 23 defendants in connection with the protest in Kurtulu? Park in Ankara Province on 11 June 2011 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations”.After taking the legal arguments of the 20 defendants the court adjourned the hearing to take the remaining arguments to 4 April 2012 (T?HV, 2 January).

(01/010) Tried persons…

?stanbul Heavy Penal Court No. 9 accepted the indictment against three people, including Lawyer Özcan K?l?ç, who had been detained in ?stanbul on 30 July 2011 on charges of “being a member of an illegal organisation -Revolutionary Headquarters” under Article 314 of TPC reported on 2 January 2012. The prosecutor asked for the imprisonment of Okan Duman up to 96 years and for Özcan K?l?ç ile Co?kun K?yamçiçek up to 15 years and asked the court to merge the case with the Main Case of the Revolutionary Headquarters (ozgurradyo.com, 2 January).

(01/011) Convicted persons…

?zmir Heavy Penal Court No. 10 sentenced Özcan Çal??kan to 18 months of imprisonment and Ercan Kartal to 12 months of imprisonment in connection with the songs they sang in the celebration of Newroz in Gölmarmara District of Manisa Province on 21 March 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law reported on 2 January 2012 (D?HA, 2 January).

(01/012) Convicted persons…

?stanbul Heavy Penal Court No. 11 sentenced Sebahattin Sürmeli, the former editor-in-chief of Özgür Halk Journal, to 47 years of imprisonment; Ya?ar Duman, the worker of the same journal, to 3 years of imprisonment on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “having fake ID cards”, and the other defendants Tuncay Gündo?an, Mahmut Bozdo?an, Suat Kolca, Fettullah Erkan, and Erdinç Bolca to 12 months of imprisonment each on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 2 January 2012 (ETHA, 2 January).

(01/013) Convicted persons…

On 27 December 2011 Ankara Heavy Penal Court No. 11 sentenced Naki Demir and Özgür Gö?ebakan to five years and 4 months of imprisonment each on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “having explosives” and sentenced the other 21 defendants to 10 months of imprisonment each on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law in connection with the protest against the Higher Education Board in Ankara Province on 6 November 2004.

The 23 defendants had acquitted before. But Specially Authorised Chief Public Prosecution Office launched another case on charges of “making propaganda of an illegal organisation Marxist Leninist Communist Party-(MLKP)” (atilim.org, 2 January).

(01/014) Ongoing KCK Operations…

Turabi Ki?in the former editor-in-chief of Özgür Gündem Newspaper, who had been detained in Ankara Province on 30 December 2011 was arrested on charges of “being a member of an illegal organisation” by ?stanbul Heavy Penal Court No. 9 on 2 January 2012. He was arrested in the context of the ongoing KCK -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)- operation conducted by ?stanbul Heavy Penal Court No. 9 in which 36 journalists were arrested with the same charge on 24 December 2011 (Evrensel, 2 January).

(01/015) Detained party executives…

 

Sinan Kaya and Abdullah Ad?yaman, the executives of the Peace and Democracy Party’s (BDP) Central District Branch, were detained as they were walking in the street in Hakkâri Province on 2 January 2011 (Zaman, 2 January).

(01/016) Massacre in ??rnak Province…

 

Four out of the ten people who had been detained in home raids in Mu? Province on 30 December 2011 on grounds that they protested the murder of 35 villagers in the air attack of the Turkish Air Force in Ortasu (Roboski) Village of Uludere District of ??rnak Province on 28 December 2011 were arrested on 2 January 2012.

Six people were detained in the intervention of the police teams to the protest in Manisa Province on 2 January 2012.

 

Twenty-four people were detained in the intervention of the police teams to the fight that sparkled with the attack of the right-wingers on the protest in ?stanbul University on 2 January 2012 (ANF; ntvmsnbc.com, 2 January).

(01/017) Detentions and arrests…

 

G.Ç., the mother of A.Ç. who was not allowed to enter the ?ehitkâmil ?MKB Primary School in Gaziantep Province with her headscarf, was detained in Güven Police Station where she went to make an official complaint against the practice with the order of the prosecution office on 2 January 2012 (ANF, 2 January).

 

 

04.01.2012 Daily Human Rights Report

 

(01/018) Investigation on the coup d’état on 12 September 1980…

An Ankara prosecutor has completed his investigation into the 1980 military coup and recommended that the two surviving putsch leaders be sentenced to life imprisonment for their role in the takeover.

 

Public prosecutor Kemal Çetin sent the indictment to the court yesterday, accusing Kenan Evren, the Chief of General Staff during the Sept. 12, 1980, military coup, and Tahsin ?ahinkaya, air forces commander at the time, of “intentionally attempting to force Turkish Parliament to annul itself or stop it from fulfilling its duties.”

 

?ahinkaya, 86, and Evren, 94, are the only surviving members of Evren’s five-man junta that seized power in 1980. The National Security Board (MGK), which was formed after the coup and brought together the top commanders, ruled the country under martial law until the general elections in 1983.

Hüseyin Görü?en, an Ankara prosecutor with special authority, told reporters in Ankara yesterday that Çetin also requested a “judicial control” ruling for the suspects. Evren and ?ahinkaya will need to visit a police station every day if the demand is approved.

 

Görü?en said probes into other members of the MGK, Land Forces Cmdr. Nurettin Ersin, Navy Cmdr. Nejat Tümer and Gendarmerie Cmdr. Sedat Celasun had been dropped since the suspects were dead. He also said the indictment was 80 pages long.

 

“This indictment covers the suspects’ actions until Dec. 6, 1983,” Görü?en was quoted as saying by Anatolia news agency. “According to the indictment, the suspects sent a warning letter Jan. 2, 1980. The indictment covers that letter and until a proper Parliament administration was established on Dec. 6, 1983.”

The indictment only deals with crimes against the state, while the investigation into torture conducted during the military coup era is continuing separately, a prosecutor with special authority said, adding that the statute of limitations would not apply to the case.

 

The 12th Court of Serious Crimes in Ankara now has 15 days to decide on whether to accept or reject the indictment.

 

During the 1980 coup period, 650,000 people were taken into custody and 230,000 were put on trial. Military prosecutors demanded capital punishment for 7,000 people; 517 of them received the death penalty and 50 were hanged. Military rulers revoked the citizenship of more than 14,000 Turks while another 30,000 left the country to seek refuge abroad.

Some 299 prison inmates also died of “undetermined” reasons while another 14 died in hunger strikes. Torture by security forces reportedly claimed another 171 lives (hurriyetdailynews.com, 3 January)

 

(01/019) Tried journalists…

?stanbul Heavy Penal Court No. 16 went on hearing the case against 13 defendants -11 of the pre-trial detainees, including journalists Nedim ?ener and Ahmet ??k- who had been tried in the framework of Ergenekon Investigation on charges of “constituting, executing and being a member of, helping an armed organisation”, “inciting people to hatred and enmity” under Article 216 of TPC, “having confidential documents”, “trying to influence the fair trial” under Article 288 of TPC on 3 January 2012.

 

After hearing the legal argument of Bar?? Terko?lu the court jury adjourned the hearing to 4 January 2012 (Radikal, 3 January).

 

(01/020) The massacre in ??rnak Province…

Several people were detained in the protests against the murder of 35 people in the attack of the Turkish Air Force in the vicinity of Ortasu (Roboski) Villages of Uludere (Qileban) District of ??rnak Province on 28 December 2011. From the detainees who had been detained on 31 December 2011: Sixteen out of the 44 detainees in Diyarbak?r Province on 31 December 2011; 4 out of the 14 detainees in Hakkâri Province; 12 out of the 52 detainees in ?anl?urfa Province; four out of the 10 detainees in Mu? Province and 4 out of the 30 detainees in Batman Province were arrested on 3 January 2012.

 

Three out of the 9 detainees who had been detained in Tarsus District of Mersin Province on 1 January 2012 were arrested on 4 January 2012.

Seventeen people were detained in home raids in Ba?c?lar District of ?stanbul Province on 3 January 2012 on the grounds that they participated in the protest in ?stanbul Province (bianet.org; Zaman; ANF; Milliyet, 3 January; Zaman, 4 January).

 

(01/021) Intervention to the commemoration ceremony in Bitlis Province…

Police teams interfered the group that departed from Bitlis Province to participate the commemoration ceremony on 3 January 2012 for F?rat ?zgin (15) who burned himself to protest the prison conditions of Abdullah Öcalan in Gülveren Village of Midyat District of Mardin Province on 13 December 2011and detained 20 people including Dicle News agency’s (D?HA) reporter Salit Sertkal (D?HA, 3 January).

 

(01/022) KCK Operation in Tekirda? Province…

Tekin Çatalkaya and R?dvan Karg?n, the Socialist Party for the Oppressed’s (ESP) District Branch Executives, were detained in home raids in the framework of the KCK investigation in Çorlu District of Tekirda? Province on 3 January 2012 (ETHA, 3 January).

(01/023) Detentions and arrests…

 

Two members of the ESP, Velat Y?ld?z and Jülide Ate?, were detained as they were selling the 26th issue of Azadi Newspaper in Siverek District of ?anl?urfa Province on 3 January 2012 (atilim.org, 3 January).

(01/024) Temporary security zones in Diyarbak?r Province…

Diyarbak?r Governorate declared on 3 January 2012 that eight temporary security zones in Diyarbak?r Province between 4 January 2012 and 4 April 2012 and banned to trespassing of the civilians (Zaman, 3 January).

 

05.01.2012 Daily Human Rights Report

 

(01/025) Torture and ill-treatment in detention…

?eyhmus Saltan applied to the Human Rights Association (IHD) Diyarbak?r Branch on 4 January 2012 and demanded judicial support. He reported that his relative Nusret Saltan and another militant of the Kurdistan Workers’ Party’s (PKK) armed wing People’s Defence Forces (HPG) were apprehended in the clash between Turkish Armed Forces and HPG in the region between Yeniba?lar and Elmal? Villages of Il?calar Municipality of Bingöl Province on 23 December 2011and they were tortured in Bingöl Province Gendarmerie Command for four days (D?HA, 5 January).

 

(01/026) Coercion in prison…

Kemal Avc? an epilepsy patient in Kand?ra (Kocaeli) F Type Closed Prison No. 2 was beaten in the unit for one prisoner reported on 4 January 2012 (ETHA, 4 January).

 

(01/027) Coercion in prison…

Mehmet Kurt who had been wounded and then apprehended in the clash between Turkish Armed Forces and Kurdistan Workers’ Party’s (PKK) armed wing People’s Defence Forces (HPG) in the rural part of Elmac?k Village Re?adiye District of Tokat Province was not medically treated in K?r?kkale F Closed Prison reported on 4 January 2012(Özgür Gündem, 4 January).

 

(01/028) Convicted student…

Diyarbak?r Heavy Penal Court No. 5 sentenced Bar?? Kaya to 11 years and three months of imprisonment in connection with participating in the commemoration activity for Ayd?n Erdem who had been shot dead in the protest in Diyarbak?r Province on 6 December 2009 in Dicle University on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC on 4 January 2012.

The court sentenced him as using a photograph in which a man with covered face was seen as wearing a similar shoe of the defendant as evidence (Evrensel, 4 January).

 

(01/029) The massacre in ??rnak Province…

Several people were detained in the protests against the murder of 35 people in the attack of the Turkish Air Force in the vicinity of Ortasu (Roboski) Villages of Uludere (Qileban) District of ??rnak Province on 28 December 2011. From the detainees who had been detained on 31 December 2011: Two out of the 22 detainees in Diyarbak?r Province; 3 out of the 5 detainees in Hakkâri Province; 2 out of the 21 detainees in Adana Province; and 4 out of the 16 detainees in Batman Province were arrested on 4 January 2012.

On 4 January 2012 in Adana Province 21 other people were detained in the operations of police teams on the grounds that they had participated in the protest (ANF; D?HA; Zaman, 4 January).

 

(01/030) Detentions and arrests…

Eleven people were detained in home raids on the grounds that they had participated in several protests in Mu? Province on 4 January 2012 (ANF, 4 January).

 

06.01.2012 Daily Human Rights Report

 

(01/031) Torture and ill-treatment in detention…

R.G. (17) who had been detained on charges of being suicide bomber in ?stanbul Province on 9 December 2011 was beaten first in Küçükçekmece Police Station and then in Üsküdar Security Directorate’s Juvenile Department reported on 5 January 2012.

 

R.G.’s father O.G., stated that he had seen his daughter in the Juveniles Department with fractured skull, nasal bone and tooth and bruises in both of her eyes and her daughter had told him that she had beaten by the police officer with the butt of his firearm during her apprehension in Küçükçekmece District (Evrensel, 5 January).

 

(01/032) Coercion in prison…

?afak Kurt (28) stated in his letter that he was sexually harassed by a guardian in Metris (?stanbul) 2 Nolu T Type Closed Prison on 11 December 2011 reported 5 January 2012 (bianet.org, 5 January).

(01/033) Coercion in prison…

 

Sixty prisoners in Bak?rköy (?stanbul) C Type Closed Prison for Females were sentenced to ban of table visits and communication for one month in connection with the hunger strike they launched to protest the prison conditions of Abdullah Öcalan reported on 5 January 2012 (ANF, 5 January).

(01/034) Coercion in prison…

 

Kahraman Güvenç who had been sentenced to life sentence and in prison in last eight and a half years stated that he became ill due to the prison conditions and he has been kept in solitary confinement in last two months in Bayburt M Type Closed Prison reported on 5 January 2012 (T?HV, 5 January).

(01/035) Coercion in prison…

Lawyers Mazlum Dinç, Mahmut Ta?ç? and Sinan Zincir were not allowed to visit their client Abdullah Öcalan on 5 January 2012 on grounds that the ship that would carry them to ?mral? Island was out of order (ANF, 5 January).

(01/036) Tried journalists…

 

?stanbul Heavy Penal Court No. 16 went on hearing the case against 13 defendants -11 of the pre-trial detainees, including journalists Nedim ?ener and Ahmet ??k- who had been tried in the framework of Ergenekon Investigation on charges of “constituting, executing and being a member of, helping an armed organisation”, “inciting people to hatred and enmity” under Article 216 of TPC, “having confidential documents”, “trying to influence the fair trial” under Article 288 of TPC on 4 January 2012.

 

The court heard the legal argument of the journalists Nedim ?ener and Ahmet ??k and declined the release demands of the pre-trial detainees. The hearing was adjourned to 23 January 2012 (Radikal, 5 January).

 

(01/037) The massacre in ??rnak Province…

Several people were detained in the protests against the murder of 35 people in the attack of the Turkish Air Force in the vicinity of Ortasu (Roboski) Villages of Uludere (Qileban) District of ??rnak Province on 28 December 2011. From the detainees who had been detained on 1 January 2012:

Ten out of the 17 detainees in Hakkâri Province and Yüksekova District of Hakkâri Province; 18 out of the 21 detainees in Adana Province; Ömer Ürta? from ?stanbul Province were arrested on 5 January 2012.

 

Seven people were detained in the intervention to the protest in Bulan?k District of Mu? Province on 5 January 2012; six people were detained on grounds that they made a condolence visit to their relatives in Uludere District of ??rnak Province (DHA; atilim.org, 5 January).

 

(01/038) KCK Operation in Tekirda? Province…

Tekin Çatalkaya, member of the Province Executive Board of the Socialist Party for the Oppressed (ESP), who had been detained in the framework of the operation of 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 Çorlu District of Tekirda? Province on 3 January 2012 was arrested on charges of “being a member of an illegal organisation” under Article 314 of TPC on 5 January 2012 (ozgurradyo.com, 5 January).

 

07.-09.01.2012 Daily Human Rights Report

 

(01/039) ?erzan Kurt Case…

On 11 May 2010 a verbal quarrel between Kurdish students at Mu?la University and a racist group turned into a fight. When the police intervened the student ?erzan Kurt (21) was heavily wounded and died in hospital on 19 May 2010. Later police officer Gültekin ?ahin was detained on charges of having fired the shots on order of the temporary chief of the department to fight terrorism. On 6 January 2012 Eski?ehir Heavy Penal Court No. 1 went on hear this case.

Confidential witness X told to the court that he saw the police officer running directly to the student group and fired his firearm aimed ?erzan Kurt. The bullets that caused the death of ?erzan Kurt was brought for the first time to the court. The court adjudicated to send the bullets and the clothes of Kurt to the Forensic Medicine Institute and prolong the detention period of the defendant and adjourned the hearing to 17 February 2012 (bianet.org, 6 January).

 

(01/040) Excessive use of force by law enforcement officers…

Ö.A. (9) was beaten by a riot police officer by hitting his head and shoulder with his baton as he was going to the shop in his street in Ba?c?lar District of ?stanbul Province on 1 January 2012 reported on 9 January 2012. His sunk in his skull and a fracture in his collarbone and he got a health report that documents the beating (Radikal, 9 January).

 

(01/041) Coercion in prison…

Yasin Yalç?n was beaten and kept in solitary confinement for 5 days on the grounds that the rejected the cavity search in Tekirda? F Type Closed Prison No. 1 revealed out with the letter he wrote to his family reported on 6 January 2012 (Özgür Gündem, 6 January).

 

(01/042) Coercion in prison…

Kenan K?rkkaya, Dicle News Agency’s Ankara reporter, was sentenced to ban of communication for one month on the grounds that he rejected the cavity search during his transfer from Metris (?stanbul) T Type Closed Prison to Kand?ra (Kocaeli) F Type Closed Prison on 26 December 2011 reported on 6 January 2012 (D?HA, 6 January).

 

(01/043) The massacre in ??rnak Province…

Several people were detained in the protests against the murder of 35 people in the attack of the Turkish Air Force in the vicinity of Ortasu (Roboski) Villages of Uludere (Qileban) District of ??rnak Province on 28 December 2011.

A.A. (17) and N.B. (17) who had been detained in connection with the protest in Adana Province on 4 January 2012 were arrested on 5 January 2012; ; 13 out of the 15 detainees who had been detained in connection with the protest in ?stanbul Province on 3 January 2012 were arrested on 7 January 2012; Three out of the 8 detainees who had been detained in connection with the protest in Bulan?k District of Mu? Province on 5 January 2012 were arrested on 7 January 2012; Five out of the 8 people who had been detained on charges of beating the district governor in Uludere District of ??rnak Province were arrested on 7 January 2012.

 

Twenty people were detained on grounds that they had participated in the protest in ?stanbul Province on 7 January 2012 (Özgür Gündem, 6 January; atilim.org; ANF, 7 January).

(01/044) Intervention to the protest in Adana Province…

Seven students were beaten and detained in the intervention of the police teams to the hunger strike tent against the missile shield organised by Adana Youth Association Adana Province on 6 January 2012; six students were also detained with the same reason on 7 January 2012 (Radikal, 6 January; halkinsesi.tv, 7 January).

 

(01/045) Attack on party building…

Unidentified people threw stones to the representative office of the Peace and Democracy Party (BDP) Huzurkent Quarter of Akdeniz District of Mersin Province on 5 January 2012 (atilim.org, 6 January).

 

10.01.2012 Daily Human Rights Report

(01/046) Coercion in prison…

 

After the statement of ?afak Kurt (28) in his letter that he was sexually harassed by a guardian in Metris (?stanbul) T Type Closed Prison No. 2 on 11 December 2011, the administration of the prison sentenced ?afak Kurt to solitary confinement for 15 days and ban of table visits for one year. Moreover his living unit was raided and he was transferred to Tekirda? F Type Closed Prison No. 2 reported on 9 January 2012. The administration did not let him to pack his belongings (atilim.org, 9 January).

 

(01/047) Ongoing KCK Case in ?anl?urfa Province…

On 9 January 2012 Diyarbak?r Heavy Penal Court No. 7 began to hear the case against the 7 defendants who had been detained in the raids on E?itim-Sen’s and Human Rights Association’s ?anl?urfa Branch offices in ?anl?urfa Province on 27 September 2011 and eventually arrested on 30 September 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law.

 

After taking the legal arguments of the defendants -?HD ?anl?urfa Branch Chairperson Cemal Babao?lu, E?itim-Sen ?anl?urfa Branch Chairperson Halit ?ahin, E?itim-Sen member Yasin Öztürko?lu, ?HD executive Müslüm K?na, SES member Hikmet Evin, Adil Arslan and Adile ?ahin- the court adjudicated to release all defendants and adjourned the hearing (ANF, 9 January).

(01/048) Ongoing KCK/TM Main Case…

 

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 9 January 2012.

The court rejected the demand of the defendants to give a break to the hearing due to the massacre of Roboski Village and also declined the demand of Fethi Süvari to give the rest of his legal argument in Kurdish and adjourned the hearing to 11 January 2012 (Evrensel, 9 January).

 

(01/049) Temporary security zones in ??rnak Province…

Fifteen temporary security zones banned the trespassing of the civilians between 4 January 2012 and 4 April 2012 declared by the ??rnak Governorate reported on 9 January 2012 (Sabah, 9 January).

 

(01/050) Explosion in ?stanbul Province…

The explosion of the sound bomb in the vicinity of Kartal Family Health Centre caused material damage in Kartal District of ?stanbul Province on 9 January 2012 (Star, 9 January).

(01/051) Detentions and arrests…

Fifteen members and executives of the Peace and Democracy Party (BDP) were detained in synchronised home raids in K?z?ltepe District of Mardin Province on 9 January 2012 in connection with giving petition to the prosecutor in the context of the “I am here and becoming a member of the BDP-ez li virim” campaign (Cumhuriyet, 9 January).

 

(01/052) Attack on party building…

Material damage took place in the attack on the Justice and Development Party’s (AKP) District Branch Office in Kayap?nar District of Diyarbak?r Province on 9 January 2012 with Molotov cocktails (ANF, 9 January).

 

11.01.2012 Daily Human Rights Report

 

(01/053) The investigation on the coup d’état on 12 September…

The Ankara 12th High Criminal Court accepted the indictment related to the military coup in 1980. Former President and Chief of General Staff Kenan Evren and ret. Gen. Tahsin ?ahinkaya are the two main suspects.

The indictment regarding the coup d’état on 12 September 1980 was accepted by the Ankara 12th High Criminal Court on 10 January. It includes the 7th President of Turkey, Kenan Evren, Chief of General Staff at the time, and retired General Tahsin ?ahinkaya as prime suspects.

 

The document was prepared by Special Authority Public Prosecutor Kemal Çetin. The indictment seeks “aggravated life sentences” for defendants Evren and ?ahinkaya according to Articles 146 (offences against state forces) and 80 of the Turkish Criminal Law (No.765).

 

The prosecution of the military coup of 12 September 1980 became possible after provisional Article 15 had been removed from the Constitution as a result of the referendum on 12 September 2010. Victims of the coup had filed a criminal complaint about the people involved in the coup, especially former Chief of General Staff Kenan Evren (bianet.org, 11 January).

 

(01/054) (10/118) The ?emdinli Case…

Van Heavy Penal Court No. 3 went on hearing the case against two non-commissioned officers Ali Kaya and Özcan ?ldeniz and an informant from the Kurdistan Workers’ Party (PKK), Veysel Ate? in connection with the bombing of the Umut Bookstore which belongs to Seferi Y?lmaz in ?emdinli District of Hakkâri Province in November 2005 on 10 January 2012.

 

The prosecutor had asked for the same sentences that had been adjudicated before in his legal argument on the essence of the case in the previous hearing. After hearing the legal arguments of the defendants on the essence of the case the court sentenced the defendants to 39 years 10 months and 27 days of imprisonment each on charges of “”constituting an illegal organisation”, “homicide” and attempting homicide”.

This is not the first time that suspects in the ?emdinli case have been tried in court. In previous trials, the suspects were sentenced to 39 years in prison but a ruling from the Supreme Court of Appeals ordered a retrial on the grounds that the case should have been handled by a military court. The suspects were released following the first hearing of the military trial.

Ferhat Sar?kaya, the Van prosecutor at the time, ordered the arrests of the suspects, who were later indicted and tried in the V

 

Sar?kaya also opened a number of investigations into top army commanders, including Büyükan?t, then the Land Forces commander and later Chief of the General Staff. Büyükan?t had praised Kaya and said, “I know him, he’s a good boy.”

Later, however, Sar?kaya was disbarred by the Supreme Board of Judges and Prosecutors, or HSYK; the ban was only removed after five years in April 2011 (ntvmsnbc.com, 10 January).

 

(01/055) The case on the murder of Hrant Dink…

The 24th hearing of the Hrant Dink murder trial was held on 10 January. The court president announced to possibly give a decision at the coming hearing on 17 January, two days prior to the 5th anniversary of the journalist’s assassination.

 

The trial related to the murder of Turkish-Armenian journalist Hrant Dink was continued before the Be?ikta? (Istanbul) 14th High Criminal Court on Tuesday (10 January). Dink was gunned down on 19 January 2007 in front of his office at the Armenian Agos newspaper in ?i?li (Istanbul).

Court President Rüstem Ery?lmaz announced, “All defence lawyers should be present at the 17 January hearing. I want to give a decision”.

Prime suspect Yasin Hayal requested to speak while the lawyers were holding their final speeches. He claimed to have been attacked and threatened by prison guards.

 

“While the press is here I want the whole world to know that the Turkish state is trying to eliminate me. (…) Please note down this date, I am starting a revolt”. Hayal stated and handed a piece of paper to the judge.

He explained, “I do not want the court to read this paper, it is confidential. But I am starting a revolt against the Turkish state until these conditions will have been fulfilled. The Turkish state benefited from my poverty and my inexperience. And now they are trying to eliminate me”.

 

The plaintiff lawyers at the hearing emphasized that the Trabzon Gendarmerie, the Trabzon Police, the Istanbul Police and the General Presidency of the Intelligence Department handled the murder with negligence and that they were responsible for the crime of intentional homicide.

Fethiye Çetin, joint attorney of the Dink family, asked Hayal, “Who is threatening you? What do they say? You say the Turkish state used you. Who used you? Give us a name eventually”.

The suspect replied, “Everybody who was mentioned in your final speech used me, from Erhan Tuncel to Ramazan Akyürek. Now they are threatening me; my life is under threat. I would be able to identify the guards if you made an identity parade”.

 

Çetin wondered what made Hayal change his attitude and he responded, “We have been here together for five years. You know that I am respectful and I usually speak little. But at the time I was a 25-year-old very destitute child. They gave me any kind of help. Food, clothes, money… I got all this from Erhan Tuncel. Back then Tuncel was the head of the [Islamic Turkish-nationalist] Alperen Ocaklar? in Trabzon. I felt great respect for him, I was loyal to them. That is why I had none of them interrogated”.

Lawyer Bahri Belen questioned, “Engin Y?lmaz said that ‘Hayal, Tuncel and Samast met with people who had come from Istanbul. It was decided at that meeting that Samast was going to be the triggerman’ he said. Who was at that meeting?”

The lawyers addressed Hayal to say what he knew in order to protect himself.

Hayal answered, “I went there on invitation of Erhan Tuncel. I met a number of people but I do not know their names. Ask Tuncel”.

 

Erhan Tuncel’s lawyer requested to speak and asked, “Everybody puts the blame on Erhan Tuncel again. But did Yasin Hayal not know that Tuncel was in fact talking to these people as a member of the intelligence?”

 

The joint attorneys of the Dink family submitted a petition to court regarding the records obtained from the Telecommunication Communication Presidency (T?B). The attorneys noted that five people who were present at the scene of crime and who had connections to the defendants could be easily identified from the footage. Moreover, 14 people who were not at the scene of incident but were phoned from there again had connections with the defendants and suspects.

“It was determined that some conversations were made via certain phone numbers on the day and time of the offence and at the scene of incident. These phone numbers were used very frequently and have a direct connection to defendants Mustafa Öztürk and Salih Hacisaliho?lu.

 

The joint attorneys of the Dink family finished their final speeches and prosecutor Hikmet Usta who had presented his final plea on 19.09.2011 was asked if he wanted to make any changes in his final opinion.

Usta criticized the Dink lawyers for saying that “the time before and after the murder should be considered as a whole”. In his opinion, it was not correct to see the Dink murder in the context of the killing of Priest Andrea Santoro and the killing of three people at the Zirve Publishing House in Malatya and to evaluate these incidents over all as an action done by the state.

 

“Because this would declare the state a murderer, this would be an oddity”, Usta said and reiterated his opinion that a cell of the Ergenekon Terrorist Organization active in Trabzon committed the murder of journalist Dink.

The prosecutor announced that he was not going to change his final plea. “Hrant is not a political dissident, he is just a journalist. It is actually not important in this murder if he was Armenian or not. Terror does not make ethnic distinctions, terror is terror. The state does not want terror, just the terrorists want it. The involved parties are not able to see the whole picture. In their final speeches they examined irrelevant issues such as if the police behaved with negligence” Usta remarked.

Lawyer Erdo?an Soruluk, legal advisor of defendant Erhan Tuncel, claimed that organizations with the aim to commit crimes were established within the state. Ergenekon, according to Soruluk, tried to fray out the Justice and Development Party (AKP) by creating chaos in the country.

 

In his opinion, Priest Santoro and the three employees of the Zirve Publishing House were killed for that reason. Soruluk reminded that the European Union (EU) held the Turkish government responsible for these murders and intended to withdraw subsidies in this context. The Council of State had claimed that the murders were committed in order to mobilize the secular section of society and to establish a public opinion in opposition to the government, the lawyer said.

He continued, “The Dink murder was also one element connected to Ergenekon. As a member of the intelligence Tuncel informed the official authorities about Hayal and about everything related to the murder. He could have followed Hayal and prevent the murder. Tuncel fulfilled his duty and did not take any precautions. Therefore, this is a murder that requires the investigation into connections that reach inside the state. But the court did not investigate this until now”.

Lawyer Sorukly emphasized the importance of the footage provided by T?B and its investigation.

He claimed that the Dink murder was related to Ergenekon but that Erhan Tuncel could not be seen as a member of the Ergenekon terrorist organization since he fulfilled his duty. Related to Yasin Hayal’s statement made in the morning, Soruklu said, “He blames Erhan Tuncel all the time. When he is asked to give names he says ‘from Erhan Tuncel to Ramazan Akyürek’. Ramazan Akyürek was the person who introduced Tuncel to the police. Also Akyürek fulfilled his duty; we cannot blame him”.

 

Soruklu went on, “There are state officers who abuse their position but it is wrong to accuse the institutions because of these people. Yasin Hayal gave a message and we have to give attention to this message. He constantly tries to relate the incident to the [nationalist] Great Union Party (BBP). This is a diversion (…)”.

Lawyer Soruklu submitted his 17-page defence speech to court and requested Tuncel’s acquittal.

Eda Salman, lawyer of defendants Yasin Hayal and Osman Hayal, rejected allegations related to a criminal organization. She expounded, “The prosecutor connects the trial to Ergenekon in his indictment but he does not merge the trials. If you continue to relate this trial to Ergenekon, the court should keep in mind that that trial is heard somewhere else. If he mentions a different organization that organization has to be defined once more”.

After that, the lawyer of un-detained defendant Mustafa Öztürk delivered his speech of defence (bianet.org, 10 January).

 

(01/056) Coercion in prison…

Yasemin Karada? a prisoner in Bak?rköy (?stanbul) Prison for Females reportedly has only one kidney that had lost its 85 percent of function; and had cerebral haemorrhage due to high blood pressure recently. Despite her medical problem she was not regularly taken to the hospital and when she was taken to the hospital her hands were cuffed and treated with the presence of a gendarmerie soldier reported by the Office of People’s Law on 10 January 2012 (halkinsesi.tv, 10 January).

 

(01/057) Tried People…

A case was launched in Malatya Heavy Penal Court No. 3 against 8 people in connection with the commemoration of ?brahim Kaypakkaya in Tunceli Province on 18 May 2010 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “being a member of an illegal organisation” under Article 314 of TPC and the first hearing will be on 26 January 2012, reported on 10 January 2012 (ETHA, 10 January).

 

(01/058) The massacre in ??rnak Province…

Several people were detained in the protests against the murder of 35 people in the attack of the Turkish Air Force in the vicinity of Ortasu (Roboski) Villages of Uludere (Qileban) District of ??rnak Province on 28 December 2011.

Eight out of the 20 people who had been detained in the protest in ?stanbul Province on 7 January 2012 were arrested on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “being a member of an illegal organisation” under Article 314 of TPC on 10 January 2012.

 

Esin Y?ld?z, one of the 14 detainees who had been detained in the intervention of police teams to the protest in Esenyurt District of ?stanbul Province on 8 January 2012 was arrested on charges of “resisting to the officer on duty” on 10 January 2012 (ANF; kizilbayrak.net, 10 January).

 

(01/059) KCK Operation in ??rnak Province…

Twenty people were detained in home raids in the context of the KCK investigation in Silopi District of ??rnak Province on 10 January 2012 (Radikal, 10 January).

 

(01/060) Detentions and arrests…

Sixteen out of the 18 members and executives of the Peace and Democracy Party (BDP) who had been detained in synchronised home raids in K?z?ltepe District of Mardin Province on 9 January 2012 in connection with giving petition to the prosecutor in the context of the “I am here and becoming a member of the BDP-ez li virim” campaign were arrested on 10 January 2012 (Zaman, 10 January).

(01/061) Home raids in Diyarbak?r, Mu?, Batman, Ankara ve Antalya Provinces…

Nine people Ç?nar District of Diyarbak?r Province; two juveniles -F.G. (16) and K.K. (17)- Malazgirt District of Mu? Province; 6 executives of the BDP in Batman Province; ten students of Ankara University in Ankara Province; five students of Akdeniz University in Antalya Province were detained in synchronised home raids on 10 January 2012 (Cumhuriyet, 10 January).

 

12.01.2012 Daily Human Rights Report

(01/062) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people were found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. The remnants were sent to ?stanbul Forensic Medicine Institute for further investigation (ntvmsnbc.com, 11 January).

 

(01/063) Coercion in prison…

The administration of Kand?ra (Kocaeli) F Type Prison No. 2 decided that the letter of former deputy Mahmut Al?nak to the Prime Minister Recep Tayyip Erdo?an was inappropriate and did not allow it to be send reported on 11 January 2012. Al?nak had been arrested on 8 December 2011 in the context of KCK investigation and his letter was about the prison conditions (Radikal, 11 January).

 

(01/064) Ongoing KCK/TM Main Case…

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 11 January 2012.

 

The record made in the meeting of the Ecology and Local Governments Office in 2009 was read in the hearing. The court adjudicated to write to the institutions in order to determine whether the health conditions of Musa Fariso?ullar? was suitable to be in prison or not. Musa Fariso?ullar? had an operation from his brain in Ankara Province on 16 December 2011 and adjourned the hearing to 13 January 2012 (Evrensel, 13 January).

 

(01/065) Convicted students…

On 11 January 2012 ?zmir Heavy Penal Court No. 10 sentenced Bar?? Okuducu to 14 years and 6 months of imprisonment Mehmet Kurt, Faruk Kara, Veysel Akkurt and Ufuk Ayd?n to 12 years and 6 months of imprisonment; sentenced Masum Ataman to two years of imprisonment in connection with the incident in Ege University in ?zmir Province on 31 March 2010 on charges of “being a member of an illegal organisation” under Article 314 of TPC, “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “attacking and wounding the police officer on duty” (Milliyet, 12 January).

 

(01/066) KCK Operation in Diyarbak?r Province…

Twenty-two people including Ba?lar Municipality Vice Mayor Osman Kaya were detained in the home raids in the context of the KCK investigation in Diyarbak?r Province on 11 January 2012 (ntvmsnbc.com, 11 January).

 

(01/067) Home raids in Ankara Province…

Nine other students of Ankara University were detained in the operation in Ankara province on 11 January 2012. The number of detainees became 19. Ten students of the same university had been detained in the home raids on 10 January 2012 (ANF, 11 January).

 

13.01.2012 Daily Human Rights Report

 

(01/068) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation. The prosecutor decided to enlarge the field that will be excavated on 12 January 2012 (Cumhuriyet, 13 January).

 

(01/069) Coercion in prison…

13 pre-trial detainees and convicts from Sincan (Ankara) F Type Closed Prison No. 1 -F?rat Sözeri, Mehmet Re?at Güvenilir, Ahmet Parlak, Tahir Laçin, Kamil Turanl?o?lu, Tayyar Ero?lu, Cengiz Kahraman, Naki Demir, Küçük Hasan Çoban, Halil ?ahin, Deniz Bak?r, Cihan Karaçöl and Tahsin Geçimli- had organised hunger strike to support the hunger strike of the pre-trial detainees of the PKK and PJAK cases to protest the operations under the KCK Investigation on 20-22 December 2011. The administration of the prison sentenced the four of them to “ban of communication” for one month and the other nine to “ban of social activities” reported on 12 January 2012 (atilim.org, 12 January).

 

(01/070) Coercion in prison…

Lawyers Mazlum Dinç, Mahmut Ta?ç? and Sinan Zincir were not allowed to visit their client Abdullah Öcalan in Imral? F Type High Security Closed Prison on the grounds that allegedly “the ship is out of order” on 12 January 2012 (ANF, 12 January).

 

(01/071) Coercion in prison…

?brahim O?ur from Gümü?hane E Type Closed Prison was not medically treated on the grounds that he declined the treatment with his hands cuffed reported on 12 January 2012 (Özgür Gündem, 12 January).

(01/072) Coercion in prison…

Mazlum Dikmen made a statement via his brother and claimed that he was beaten by the guardians on the grounds that he declined to be subjected to cavity search after his transfer from Edirne F Type Closed Prison to Tekirda? F Type Closed Prison No. 2 reported on 12 January 2012′de (Özgür Gündem, 12 January).

(01/073) Coercion in prison…

Semra Tekin a prisoner in Bak?rköy (?stanbul) L Type Closed Prison was not medically treated on the grounds that she declined the treatment with her hands cuffed and with the soldiers in the examination room reported on 12 January 2012 (Evrensel, 12 January).

 

(01/074) Tried journalist…

A case was launched against At?l?m Newspaper’s journalist Do?an Araz in connection with his interview with the Peace and Democracy Party’s (BDP) Diyarbak?r Deputy Emine Ayna in March 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 12 January 2012. The hearings will be held in ?stanbul Heavy Penal Court No. 10 (ANF, 12 January).

 

(01/075) Tried journalists…

On 11 January 2012 Diyarbak?r Heavy Penal Court No. 7 went on hearing the case against pre-trial detainees Dicle News Agency (D?HA) Diyarbak?r Representative Kadri Kaya, D?HA Batman Reporter Erdo?an Altan, ?hsan Dilyak, Mehmet Kaya and four other defendants who had been detained in the operation of the Batman Gendarmerie Command on 15 April 2011 and eventually arrested on 19 April 2011 on charges of “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law.

 

The prosecutor asked the imprisonment of six defendants and acquittal of Remziye Ekinci and ?brahim Kaya. The hearing was adjourned for the preparation of the legal argument of the defendant on the essence of the case to 6 February 2012 (Özgür Gündem, 12 January).

 

(01/076) Ongoing KCK Operations…

Police teams raided on houses and the offices of institutions in ?stanbul, Ankara, ?zmir, Diyarbak?r, Mersin, Adana, Van, Malatya, ?anl?urfa, Elaz??, Mardin, Siirt, Batman, ??rnak Provinces in the context of the KCK investigation on 13 January 2012.

 

Thirty-two people -including BDP Central Executive Board member Tuncer Bak?rhan, BDP’s former Deputy Fatma Kurtulan, D?HA reporter Murat Çiftçi- were detained in the framework of the operation. The door of the apartment of Diyarbak?r Deputy Leyla Zana was broken in the raid (ajanslar, 13 January).

(01/077) KCK Operation in ??rnak Province…

Nineteen out of the 21 detainees who had been detained in home raids in the context of the KCK investigation in Silopi District of ??rnak Province on 10 January 2012 were arrested on charges of “being a member of an illegal organisation” under Article 314 of TPC on 12 January 2012 (ANF, 12 January).

(01/078) KCK Operation ?stanbul in Province…

Sami Tan, Azadiya Welat Newspaper’s writer and the former chairperson of the Kurd Institute, who had been detained in the context of the KCK investigation in ?stanbul Province on 11 January 2012, was released on 12 January 2012. Meanwhile Mehmet S?dd?k Kümet a worker of the Peace and Democracy Party (BDP) who had been detained on the same day was arrested on charges of “being a member of an illegal organisation” (ETHA, 12 January).

 

(01/079) Home raids in Antalya Province…

Three out of the ten students of Akdeniz University who had been detained in home raids in in Antalya Province on 10 January 2012 were arrested on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 12 January 2012 (Cumhuriyet, 12 January).

(01/080) KCK Operation in ?stanbul Province…

Meryem Nurcan Yolvercan who had been detained in the context of the KCK investigation in ?stanbul Province on 11 January 2012, was arrested on 13 January 2012. She had been charged with the activities of the We Want Freedom in the Universities Initiative. Meryem Nurcan Yolvercan and her home mate Sinem Y?lmaz were forced to take off their headscarves and were not fed for 15 hours (ETHA, 13 January).

 

(01/081) KCK Operation in Bingöl Province…

Senar Abi, party assembly member of the BDP, had been detained in Cizre District of ??rnak Province and brought to Bingöl Province and Bingöl University student ?ükran (whose surname could not be learned) who had been detained in the context of the KCK investigation in Bingöl Province and were arrested on charges of “being a member of an illegal organisation” on 13 January 2012 (ETHA, 13 January).

 

(01/082) Detentions and arrests…

Esendere Mayor Hur?it Altekin, Yüksekova former Mayor Ruken Yeti?kin, BDP District former Executive Y?lmaz Gözyan, BDP Yüksekova District Branch executive Mehmet Çapraz, and members of BDP Sacit F?rat, Abdurrahman Gemicio?lu were detained in connection with giving petition to the prosecutor in the context of the “I am here and becoming a member of the BDP-ez li virim” campaign in Esendere Municipality of Yüksekova District of Hakkâri Province on 12 January 2012 (Milliyet, 12 January).

 

(01/083) Home raids in Diyarbak?r Province…

Four out of the nine people who had been detained in home raids in Ç?nar District of Diyarbak?r Province on 10 January 2012 were arrested on charges of “committing offence on behalf of an organisation although he is not a member” on 12 January 2012 (ANF, 12 January).

 

14.-16.01.2012 Daily Human Rights Report

(01/084) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation and the prosecutor decided to enlarge the field that will be excavated on 12 January 2012. On 13 January 2012 remnants of the two people were found. The relatives of the forced disappeared people began to apply to the Human Rights Association’s (IHD) Diyarbak?r Branch (ANF, 14 January).

 

(01/085) The case on the murder of Alaattin Karada?…

On 13 January 2012 Bak?rköy Heavy Penal Court No. 9 went on hearing the case against police officer O?uzhan Vural who killed Alaattin Karada? on the grounds that he did not obey the stop warning in Esenyurt District of ?stanbul Province on 19 November 2009.

The hearing revealed out that the footage of the surveillance cameras was deleted despite the warnings of the lawyers of Alaattin Karada?. The court adjourned the hearing to 27 April 2012 (kizilbayrak.net, 14 January).

 

(01/086) Ongoing KCK Operations…

Police teams raided on houses and the offices of institutions in ?stanbul, Ankara, ?zmir, Diyarbak?r, Mersin, Adana, Van, Malatya, Bursa, Kocaeli, Gaziantep, Hakkâri, ?anl?urfa, Elaz??, Bingöl, Mardin, Mu?, Siirt, Batman, A?r?, ??rnak Provinces in the context of the KCK investigation on 13 January 2012.

The prosecutor had to make a statement after the reactions in the night of 14 January 2012 and claimed that they had raided 123 addresses in 17 provinces and have an arrest warrant for 49 people. ?stanbul Heavy Penal Court No. 10 issued the search warrant with the demand of the ?stanbul Chief Public Prosecution Office. Thirty-nine people -including BDP Central Executive Board member Tuncer Bak?rhan, BDP’s former Deputy Fatma Kurtulan, D?HA reporter Murat Çiftçi- were detained in the framework of the operation.

(01/087) Tried deputy…

A case was launched against the Peace and Democracy Party’s (BDP) Diyarbak?r Deputy Nursel Aydo?an in connection with his speech in Roj TV on the funeral in Diyarbak?r Province on 22 May 2011 of a HPG militant who was killed in Bitlis Province on charges of “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 13 January 2012.

 

She will be tried in Diyarbak?r Heavy Penal Court No. 5 (Star, 13 January).

(01/088) Tried members of the municipality assembly…

A case was launched against Mayor Ay?e Gökkan and 25 members of the municipality assembly on the grounds that they gave the code names of the militants of the PKK who were killed in the clashes to the 70 streets in Nusaybin District of Mardin Province on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and the 26 defendants will be tried in Diyarbak?r Heavy Penal Court No. 5 reported on 13 January 2012 (Milliyet, 13 January).

 

(01/089) Ongoing KCK/TM Main Case…

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 13 January 2012.

Diyarbak?r Heavy Penal Court No. 6 declined the demand of the defendants to make their legal argument in Kurdish and adjourned the hearing to hear the evidences against the defendants (Cumhuriyet, 14 January).

 

(01/090) Home raids in Ankara Province…

Six out of the 15 Ankara University students -Binali Can, Hasan Kaçak, ?lhak Töreci, Ahmet Akyüz, R?dvan ?ahin and Erman Gün- Fighting with Terrorism Department teams who had been detained in home raids of the Fighting with Terrorism Department teams on 10 January 2012 were arrested on charges of “”being a member of an illegal organisation” and “making propaganda of an illegal organisation in demonstrations” on 13 January 2012 (bianet.org, 13 January).

 

(01/091) KCK Operation in Diyarbak?r Province…

Eleven out of the 22 detainees -including Ba?lar Vice Mayor Osman Kaya- who had been detained in home raids of the Fighting with Terrorism Department teams in the context of KCK Investigation in Diyarbak?r Province on 11 January 2012 were arrested on charges of “being a member of an illegal organisation” on 13 January 2012 (ANF, 13 January).

 

(01/092) Detained juveniles…

Five juveniles -F.B., R.S., G.A., ?.D. and C.A.- were detained on the grounds that they wrote illegal slogans to the walls in Manisa Province on 15 January 2012 (ANF, 15 January).

 

17.01.2012 Daily Human Rights Report

 

(01/093) Coercion in prison…

The administration of Sincan (Ankara) Closed Prison for Females did not allow Gülsüm Y?ld?z, a prisoner, to have the following books: Fyodor Gladkov’s Cement; ?lya Ehrenburg’s The Fall of Paris, Prof. Dr. Server Tanilli’s The History of Civilisation, Karl Marks’s Communist Manifesto, Mao Zedung’s Selected Works, Georgi Dimitrov’s United Front Against War reported on 16 January 2012 (Cumhuriyet, 16 January).

 

(01/094) Tried persons…

Çorum Penal Court of First Instance accepted the indictment against 6 defendants in connection with the May Day Celebrations in Çorum Province on 1 May 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and the next hearing will be held on 16 January 2012 (Vatan, 16 January).

 

(01/095) Acquitted lecturer…

The Supreme Court of Appeal’s Penal chamber No. 9 annulled the verdict of the local court that had sentenced Atilla Yayla to 15 months of imprisonment in connection with his speech in ?zmir Province on 18 November 2006 on charges of “insulting the memory of Atatürk” under Article 1 of the Law on Offences against Atatürk No. 5816 on 16 January 2012. It was claimed in the reason of the annulment verdict that the speech “although the limit of kindness was violated but it does not constitute the insult charge” (Milliyet, 16 January).

(01/096) Ongoing KCK/TM Main Case…

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 16 January 2012.

The court declined again the demand of the defendants to make their legal argument in Kurdish and adjourned the hearing to 18 January 2012 to go on reading the evidences against the defendants (Zaman, 16 January).

 

(01/097) Tried persons…

Hatice ?din (54) who had been wounded in the explosion during the celebration of the election results in ??rnak Province on 12 June 2011 and became worse with the gas bombs as she was hospitalised had died in the hospital on 1 July 2011. A notice of hearing was sent to her reportedly on 16 January 2012.

??rnak Penal Court of First Instance will go on hearing the case against Hatice ?din and 21 other defendants in connection with the march on 14 February 2006 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations” and “praising crime and criminal” under the Article of 215/1 of TPC on 27 February 2012 (Özgür Gündem, 16 January).

 

(01/098) Detentions and arrests…

Esendere Mayor Hur?it Altekin, Yüksekova former Mayor Ruken Yeti?kin, BDP District former Executive Y?lmaz Gözyan, BDP Yüksekova District Branch executive Mehmet Çapraz, and members of BDP Sacit F?rat, Abdurrahman Gemicio?lu had been detained in connection with giving petition to the prosecutor in the context of the “I am here and becoming a member of the BDP-ez li virim” campaign in Esendere Municipality of Yüksekova District of Hakkâri Province on 12 January 2012. They were arrested on charges of “being a member of an illegal organisation” under Article 314 of TPC and “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC on 16 January 2012 (Vatan, 16 January).

 

(01/099) KCK Operation in ?stanbul Province…

Eight people were detained in the home raids of the Fighting with Terrorism Department teams in the context of the KCK investigation in Maltepe District of ?stanbul Province on 17 January 2012 (cnnturk.com, 17 January).

 

(01/100) KCK Operation in ?stanbul Province…

Özgür Gündem Newspaper’s worker Hatice Bozkurt -who had been detained in the operaiton against the media workers but released later- was detaiened in the home raids of the Fighting with Terrorism Department teams in the context of the KCK investigation in ?stanbul Province on 17 January 2012 (ANF, 17 January).

(01/101) KCK Operation in ?stanbul Province…

Gülden Çatalba? – the driver of Sebahat Tuncel, Istanbul Deputy- was detained in the ID check of the police officers in Be?ikta? Courthouse in the context of the KCK investigation in ?stanbul Province on 17 January 2012 (ntvmsnbc.com, 17 January).

 

(01/102) Ongoing KCK Operations…

 

Police teams had raided on houses and the offices of institutions in ?stanbul, Ankara, ?zmir, Diyarbak?r, Mersin, Adana, Van, Malatya, Bursa, Kocaeli, Gaziantep, Hakkâri, ?anl?urfa, Elaz??, Bingöl, Mardin, Mu?, Siirt, Batman, A?r?, ??rnak Provinces in the context of the KCK investigation on 13 January 2012.

The prosecutor had to make a statement after the reactions in the night of 14 January 2012 and claimed that they had raided 123 addresses in 17 provinces and have an arrest warrant for 49 people. ?stanbul Heavy Penal Court No. 10 issued the search warrant with the demand of the ?stanbul Chief Public Prosecution Office. Thirty-nine people -including BDP Central Executive Board member Tuncer Bak?rhan, BDP’s former Deputy Fatma Kurtulan, D?HA reporter Murat Çiftçi- had been detained in the framework of the operation. Thirty-one detainees were arrested on 17 January 2012:

 

Fatma Kurtulan – the Peace and Democracy Party (BDP) BDP Vice Co-chairperson

Tuncer Bak?rhan – BDP member of the Central Executive Board

?smet Aslan – KESK Expert

Mahmut Polat – BDP General Centre worker

Celal Alphan – BDP Esenler former District Chairperson

Kemal Dül?er – BDP Pendik District Vice Chairperson

F?rat Ta? – Cegerxwîn Culture Centre Cinema teacher

?afak Özanl? – BDP Esenyurt District Co-Chairperson

Emrullah Bingöl – BDP member of the Party Assembly

Gülistan Balka? – BDP member of the Party Assembly

Nezir Erdemci – BDP Zeytinburnu District (?stanbul Province) Chairperson

Do?an Çiftçi – BDP ?stanbul Province Executive

?lyas Demir – BDP Esenyurt District Co-Chairperson

?smaProvince Çelik – BDP Esenyurt District worker

Ramazan Y?ld?z – BDP worker

Mehmet Zahir Sar?ta? – BDP former member of the Party Assembly

R?za Ta?delen – BDP General Centre worker

Zekiye ?lbasan – BDP Ba?c?lar District Co-Chairperson

Tahsin Karç?k – BDP Esenyurt District Executive

Bi?ar Uzun – BDP Ümraniye District worker

Nazire Güre? – BDP ?stanbul Province Executive

Berat Birtek – BDP General Centre Education Board

Nezife Göner – BDP ?stanbul Province member of the Women’s Assembly

Fuat Aras – BDP Bornova District (?zmir Province) Executive

Semra Karaka?

Gülüm Bayram

Asiya Y?lmaz

Metin Aslanbo?an

Abdulrezak Da?c?

Ya?ar Gönderici

Nurettin Yalç?n (imc-tv.com, 17 January).

 

(01/103) Detained party executive…

BDP member of the Party Assembly and K?z?ltepe former Mayor Cihan Sincar on grounds that he did not give his legal argument in a case and the court issued a caught warrant in Atatürk Airport in ?stanbul Province on 16 January 2012 (ANF, 16 January).

 

(01/104) Attack on the culture centre…

Unidentified people set ablaze Sur District Governorate’s (Diyarbak?r Province) Multi-Function Society Centre/Çok Amaçl? Toplum Merkezi (ÇATOM), on 16 January 2012 (ANF, 16 January).

 

 

18.01.2012 Daily Human Rights Report

 

(01/105) The case on the murder of Hrant Dink…

The trial regarding the murder of Turkish-Armenian journalist Hrant Dink was decided at the 25th hearing of the case on Tuesday (17 January). Dink, editor-in-chief of the Armenian Agos newspaper at the time, was gunned down in front of his office on 19 January 2007 in the district of ?i?li (Istanbul).

Yasin Hayal was handed down an aggravated life sentence on charges of instigation to premeditated murder. Moreover, he received three months imprisonment for having threatened author Orhan Pamuk and one additional year in jail on the grounds of possessing an unlicensed weapon.

Osman Hayal was acquitted of charges of homicide and of membership of a criminal organization.

 

Erhan Tuncel was acquitted of charges of membership of an armed terrorist organization and of instigation to homicide.

Tuncel was handed down a prison sentence of ten years and six months on the grounds of the McDonalds bombing.

Salih Hacisaliho?lu was sentenced to 2 months and 15 days behind jail on charges of unlicensed possession of ammunition.

Ersin Yolcu and Ahmet ?skender received prison terms of twelve years and six months each for assisting in a premeditated murder.

?skender was furthermore sentenced to one year imprisonment because of possession of an unlicensed weapon.

 

The final hearing was attended by detained defendants Erhan Tuncel and Yasin Hayal, un-detained defendant Ersin Yolcu, the other defendants and their lawyers.

Kadriye Ceylan, mother of Tolga Baykal Ceylan who disappeared in 2004, applied for joint plaintiff status for the last hearing but her request was dismissed.

In the beginning of the final hearing, the joint attorneys of the Dink family criticized the statement of the prosecutor’s final plea presented at the previous hearing. He had claimed that “Dink was not killed because he was Armenian. In the attorneys’ opinion, “the prosecutor is wrong. Hrant Dink was made a target and killed because he was Armenian, because he voiced that problem and made news about it. His being threatened is the result of the minority policies of the Turkish state. Therefore, we based an important part of our final speech on this issue”, the lawyers replied.

 

They reminded the prosecutor having claimed in his final plea that the murder was committed by the Trabzon cell of the clandestine Ergenekon organization (charged with the attempt to topple the government).

 

The joint attorneys continued, “We made countless applications to prosecute public officials but it did not help at all. The prosecutor spoke of a more comprehensive higher organization but since evidence was being concealed this remained a mere finding. Also the prosecutor accepted the fact that public officials were responsible for this murder. We request Osman Hayal to be punished on charges of membership of a criminal organization and homicide as well. Apart from these points we agree with the prosecutor’s final plea”.

The plaintiff lawyers presented a brief speech of defence.

 

Erhan Tunel’s lawyer responded that Tuncel was not a member of the Ergenekon organization and that his involvement was limited to the Trabzon Police Directorate where he was an intelligence informant. The lawyer continued:

“Tuncel said all he knew from the very beginning. He fulfilled his duty and informed the police about the murder beforehand. The responsibility of the other public officials is being shifted to Tuncel and that way the other connections will be taken out of the file”.

“Yasin Hayal talked as if he only knew Tuncel from the police. The fact that he did not even mention the Trabzon Provincial Police Director is sufficiently self-evident in our opinion. However, the file of this murder has not been investigated thoroughly”.

 

Tuncel requested to speak subsequent to his lawyer’s speech. He said that the presentation of the three sections of his defence was going to take three hours. “I did not defend myself at all, I just said was happened. But remaining silent does not mean acceptance” Tuncel said in allusion to a column written by Buket A?ç?.

“The people who violated their duty deceived the prosecutor and thus avoided an investigation. I am not an Ergenekon member, I learned the word “ultra-nationalist” in prison (…)”. Tuncel rejected the allegations put forward in the prosecutor’s final speech and the statements made about him by the other defendants.

 

Tuncel: “Why did they not prevent the murder when they knew I would commit it?”

 

After an intermission at around noon time, Tuncel continued his defence speech: “The police, state and military are not holy. There are people committing crimes in any institution. (…) It was enough that I said that Hrant Dink would be shot. I said this 18 times and nobody prevented it”.

 

“They could not have expected me to stop anybody. (…) I did not kill anybody”.

All defence lawyers demanded the acquittal of their clients.

In a final comment, Yasin Hayal claimed, “Erhan Tuncel voiced unfounded allegations against me. I will request my lawyer to open an investigation about Tuncel. Everybody in my close environment said they avoided me. Why did nobody go to the police in all that time? Did Turkey and the police avoid me as well?”

 

“You were not able to prove my connection to Ergenekon. I want a proof. If Tuncel informed the police one year before that I was going to kill Dink, why did the police not stop me? I want an answer to that question”.

After another intermission, Court President Rüstem Ery?lmaz announced the decisions as mentioned above. Subsequent to the hearing, a group of people walked from the courthouse in Be?ikta? to the Agos newspaper in ?i?li (bianet.net, 17 January).

 

(01/106) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation and the prosecutor decided to enlarge the field that will be excavated on 12 January 2012. On 13 January 2012 remnants of the two people were found. On 17 January 2012 remnants allegedly belong to four people were found and the prosecutor ordered that all ?çkale region should be excavated. The relatives of the forced disappeared people began to apply to the Human Rights Association’s (IHD) Diyarbak?r Branch and 26 families applied until today (Zaman; ANF, 18 January).

 

(01/107) Ongoing case on extra-judicial killing in Hatay Province…

On 17 January 2012 Antakya Heavy Penal Court No. 1 went on hearing the case against three specialised sergeant in connection with killing Mustafa Fil (66) and Ali Dalm?? (63) who had been collecting thymus with two other villagers in the skirts of Çardak Plateau of Amanos Mountains in Hassa District of Hatay Province on 28 June 2010.

 

The court adjudicated to make an investigation in the crime scene and adjourned the hearing to 8 May 2012 (ANF, 17 January).

(01/108) Extra-judicial killing attempt in Diyarbak?r Province…

Private security officer of Divan Hotel Sur District of Diyarbak?r Province shot K.E. and O.D. with pump-action rifle on grounds that they threw Molotov Cocktails to the hotel on 17 January 2012. On 14 November 2011 Adana Security Director Mehmet Avc? had said that an amendment that allows shooting the Molotov Cocktail thrower is needed (ntvmsnbc.com; T?HV, 17 January).

(01/109) Tried People…

 

Malatya Heavy Penal Court No. 3 went on hearing the case against pre-trial detainees and university students Erkin Kocaman, Ayça K?l?nç, Yusuf Y?lmaz, U?ur Pekta?, Sevcan Gökta?, Kubilay Uçucu together with defendant Hatice Harman in connection with the celebration of “8 March World Woman Workers’ Day” in Malatya Province on 8 March 2011 on charges of “being a member of an illegal organisation – Revolutionary People’s Liberation Party/Front -Devrimci Halk Kurtulu? Parti/Cephesi (DHKC)” under Article 314 of TPC and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 17 January 2012.

 

University students had been arrested on 3 June 2011.

After hearing the legal argument of the defendant on the essence of the case the court adjourned the hearing to 1 February 2012 to declare its verdict (bianet.org, 17 January).

 

(01/110) Attack on party building…

Unidentified people threw a handmade bomb to the Justice and Development Party (AKP)’s Province Branch and caused material damage in Mersin Province on 18 January 2012 (Vatan, 18 January).

 

(01/111) KCK Operation in Mu? Province…

Five BDP executives were detained in home raids in KCK operation of Fighting with Terrorism Department teams in Erendere Municipality of Bulan?k District of Mu? Province on 17 January 2012 (Zaman, 17 January).

(01/112) Detentions and arrests…

 

Three people were detained in the operation of Fighting with Terrorism Department teams in Yüksekova District of Hakkâri Province on 17 January 2012 (ANF, 17 January).

 

19.01.2012 Daily Human Rights Report

 

(01/113) Excavation of mass graveyard in ??rnak Province…

Six villagers had been detained with the order of ??rnak Brigade Commander Mete Sayar on the grounds that they help and harbour the members of the illegal organisation (PKK) from Görümlü Municipality of Silopi District of ??rnak Province on 14 May 1993 and no one knows their whereabouts since then. Yusuf Özdemir a former soldier served in Görümlü Gendarmerie Battalion Command made an official complaint claiming that the villagers had been killed with torture and their bodies buried near the helicopter landing area in the battalion.

On 18 January 2012 the bones were found in the excavation in which relatives of the villagers and lawyer Tahir Elçi from Diyarbak?r Bar Association were present.

The excavation was adjourned to 19 January 2012 due to night fell and Tahir Elçi stated that the remnants that were found were put under protection and the excavation covering 100 square metres will go on tomorrow at 9 a.m. (ntvmsnbc.com, 18 January).

 

(01/114) Convicted mayor…

Siirt Law Court of First Instance No. 2 sentenced Siirt Mayor Selim Sadak to six months of imprisonment in connection with his Kurdish speech in the BDP’s Central District Congress in Siirt Province on 1 March 2010 on charges of “opposing to the Law of Political Parties” reported on 18 January 2012 ö?renildi (Zaman, 18 January).

 

(01/115) Ongoing KCK/TM Main Case…

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 18 January 2012.

 

The court declined the demand that the evidences against Muharrem Erbey should not be considered on the grounds that they were collected unlawfully from his home, Office and Human Rights Association’s (IHD) Diyarbak?r Branch that Erbey is the chairperson and adjourned the hearing to 20 January 2012 (ANF, 18 January).

 

(01/116) Finalised KCK Case in Erzincan Province…

Seven students had been detained in connection with the KCK investigation in Erzincan Province on 24 May?s 2011 and they had been arrested on 27 May 2011.

 

Erzurum Heavy Penal Court No. 4 sentenced Çetin ?im?ek to 10 years of imprisonment on charges of “being a member of an illegal organisation”, “making propaganda of an illegal organisation” and “harming public goods”; Yeknur Yurtsever, Vural Turgut and Ali ?nal to 7 years and 6 months of imprisonment each “being a member of an illegal organisation” and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law; Cihangir Ali Akkoyun, Vedat Sümer and Uygar Ufuk Karakaya to six years and three months of imprisonment each on charges of “being a member of an illegal organisation” under Article 314 of TPC on 18 January 2012 (Zaman, 18 January).

(01/117) Investigation on the coup d’état on 12 September 1980…

 

The indictment concerning the coup d’état on 12 September 1980 was finalised by Specially Authorised Ankara Chief Public Prosecution Office and sent to Ankara Heavy Penal Court No. 12. The prosecutor asked for life sentence in solitary confinement without parole for two generals who are still alive -former Chairperson of the Turkish General Staff Kenan Evren and former Commander of the Turkish Air Forces Tahsin ?ahinkaya- with charges under Articles 146 “Crimes against the State Forces” and 80 of the TPC.

On10 January 2012 Ankara Heavy Penal Court No. 12 accepted the indictment and put banned the defendants to leave the country. The first hearing will be held on 4 April 2012 (Milliyet, 18 January).

 

(01/118) The case on the racist attack in Manisa Province…

On 18 January 2012 U?ak Penal Court of First Instance No. 2 began to hear the case on the racist attack in Selendi District of Manisa Province which fired up on 24 December 2009 and resulted with the exile of 74 Roma people from the district on 5 January 2010, after the verdict of the Supreme Court of Appeal’s 5th Penal Chamber that had adjudicated that the case should be heard in U?ak Penal Court of First Instance due to security on 23 December 2010.

The court heard the legal arguments of two defendants and a complainant and adjudicated to bring the other defendants with force and adjourned the hearing to 18 April 2012 (ozgurradyo.com, 18 January).

 

(01/120) Tried persons in connection with a translated book…

Ça?layan (?stanbul) Penal Court of First Instance No. 2 went on hearing the case against Hasan Basri Ç?plak, the owner of the Ayr?nt? Publishing, and Funda Uncu, the translator of Chuck Palahniuk’s Snuff (Ölüm Pornosu)on charges of “obscenity” under Article 226 of the TPC on 18 January 2012.

The head of the court declared that they could not find an expert and the experts in the list declined to examine the book and adjourned the hearing to 13 March 2012 to find an expert (ntvmsnbc.com, 18 January).

 

(01/121) Tried persons in connection with a translated book…

Ça?layan (?stanbul) Penal Court of First Instance No. 2 went on hearing the case against ?rfan Sanc?, the owner of the Sel Publishing, and Süha Sertabibo?lu, the translator of William Burroughs’s Soft Machine on charges of “obscenity” under Article 226 of the TPC on 18 January 2012.

The head of the court declared that they could not find an expert and the experts in the list declined to examine the book and adjourned the hearing to 13 March 2012 to find an expert (bianet.org, 18 January).

 

(01/122) Tired people in connection with the Hopa incidents…

On 18 January 2012 the indictment against five defendants prepared by Hopa Chief Public Prosecution Office accepted by Hopa Penal Court of First Instance in connection with the incidents the incidents before the election meeting of Recep Tayyip Erdo?an in Hopa District of Artvin Province on 31 May 2011. This is the second case concerning the incidents.

 

The stones that were allegedly thrown by the defendants -?inasi Gümü?kaya, Cengiz Akyüz, ?aban Kotil, ?dris Akb?y?k and ?afak Ustaba?- were evaluated as “weapons” and the prosecutor asked for the imprisonment of the defendants up to 12 years on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations”, “resisting public officers” and “harming public goods”. The first hearing will be held on 31 January 2012 (bianet.org, 18 January).

(01/123) Detentions and arrests…

 

Thirty people including the executives of the BDP and the Health Workers Trade Union’s (SES) Branch Chairperson ?smet Karada? were detained on the grounds that they had participated against the massacre in Roboski Village of Uludere District of ??rnak Province on 28 December 2011 in ?anl?urfa Province and Halfeti and Viran?ehir District of ?anl?urfa Province on 18 January 2012. Ten people were detained with the same reason in Tatvan District of Bitlis Province (ANF, 18 January).

 

(01/124) Detentions and arrests…

Seven members of the Hope, Education, Culture, Social Assistance and Solidarity Association (Umut-Der) were detained in the home raids of the Izmit Security Directorate Fighting with Terrorism Department teams on charges of being a member of the illegal organization -the Hezbollah” on 18 January 2012 (Sabah, 19 January).

 

20.01.2012 Daily Human Rights Report

 

(01/125) Excavation of mass graveyard in ??rnak Province…

Four villagers had been detained on the grounds that they help and harbour the members of the illegal organisation (PKK) from Özba?a?ao?lu Village of Güçlükonak District of ??rnak Province in 1994 and no one knows their whereabouts since then. Excavation to find the remnants of the villagers was started in Gendarmerie Brigade Command in Küpeli Mountain region on 19 January 2012. Bones allegedly belong to three people were found with remains of clothes and sent to Forensic Medicine Institute for DNA tests. The clothes are allegedly belonging to the villagers Sait ?en, Be?ir Ba?kök and Abdullah Güler (Radikal; ANF, 19 January).

 

(01/126) Operations and clashes in South-east…

Zeki Ye?il died in the Hakkâri State Hospital after he was wounded in the explosion as a police shuttle was passing by in Bulvar Street of Hakkâri Province on 19 January 2012. 27 people -7 of them police officers- were wounded in the explosion (Radikal, 19 January).

 

(01/127) The case against the tortured person…

Muharrem Süren and Battal Battalo?lu were beaten by police officers in plain clothes on the grounds that they asked the ID cards of the officer in Ku?adas? District of Ayd?n Province on 4 February 2011. Officers were allegedly came to the cafeteria because there is a search warrant against Muharrem Süren.

There was not a search warrant against Muharrem Süren and he was transferred to the prosecutor office on charges of “resisting police officer” and released from the office.

 

Ku?adas? Penal Court of Peace No. 1 sentenced Muharrem Süren to 14 months and 17 days of imprisonment on charges of “resisting police officer” and “hindering officer to do his job” on 8 December 2011. The court declined the demand of lawyer of the Süren for the evaluation of the footages of the surveillance cameras and to hear the witnesses (Özgür Gündem, 19 January).

(01/128) Tried persons…

 

On 19 January 2012 Ankara Penal Court of First Instance No. 17 began to hear the case against 26 university students in connection with the protest against the visit of Recep Tayyip Erdo?an to Middle East Technical University (METU) in Ankara Province on 15 December 2010. Police teams interfered the protest with gas bombs and batons.

 

After hearing the legal arguments of the 20 people the court adjourned the hearing to take the rest of the legal arguments (Cumhuriyet, 19 January).

(01/129) Ongoing KCK Case in Ankara Province…

 

Ankara Heavy Penal Court No. 11 accepted the indictment against 14 university students -12 of them were arrested in home raids in connection with the KCK investigation in Ankara Province in 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law and “being a member of an illegal organisation” under Article 314 of TPC reported on 19 January 2012.

 

D?HA Ankara Reporter Feyyaz Deniz is among the defendants and the first hearing will be held on 6 March 2012 (Özgür Gündem, 19 January).

(01/130) Tired people in connection with the Hopa incidents…

Hopa Penal Court of First Instance went on hearing the case against five defendants in connection with the incidents the incidents before the election meeting of Recep Tayyip Erdo?an in Hopa District of Artvin Province on 31 May 2011 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations” on 16 January 2012.

 

The court adjourned the hearing to evaluate merging the case with second case on the same incident to 9 Nisan 2012 (T?HV, 19 January).

(01/131) Tried persons…

Ankara Heavy Penal Court No. 11 went on hearing the case against 23 members of the Democratic Society Party’s (DTP) Women Assembly including the Peace and Democracy Party’s (BDP) Istanbul Deputy, Sebahat Tuncel, on charges of “praising crime and criminal” under the Article of 215/1 of TPC on 19 January 2012.

 

The court repeat its previous adjudication that Sebahat Tuncel “will be brought to the court without a date by force” on the grounds that Sebahat Tuncel’s legal argument could not be taken despite the court’s adjudication for Tuncel to be brought by force and adjourned the hearing to 5 April 2012 (ANF, 19 January).

(01/132) Closed institution in Van Province…

 

Van Governorate decided the shut down the Sami Dinç Support House for Education which was founded by Van Municipality on grounds that the names of the classes are in Kurdish with the official complaint of the security directorate reported on 19 January 2012 (ANF, 19 January).

 

(01/133) Intervention to the commemoration in ?stanbul Province…

On 19 January 2012 Police teams interfered with gas bombs to the commemoration march from Taksim Square to Agos Newspaper for Hrant Dink who had been killed five years ago in front of Agos Newspaper in ?i?li District of ?stanbul Province. Teams detained 11 people -members of the Socialist Democracy Party and Revolutionary High School Students (Dev-Lis) who were trying to take refuge in the SDP’s Province Branch office (atilim.org, 19 January).

(01/134) KCK Operation in Mardin Province…

 

Fettah Tekin, Gurbet Tekin, Nurhan Özel, Cengiz Demirk?ran, Mashar Akman Hamdullah Bulut, and Be?ir Dal who had been detained in home raids in the KCK operation in K?z?ltepe District of Mardin Province on 19 January 2012 were arrested the same day (Zaman, 19 January).

 

21.-23.01.2012 Daily Human Rights Report

 

(01/135) Excavation of mass graveyard in ??rnak Province…

Four villagers had been detained on the grounds that they help and harbour the members of the illegal organisation (PKK) from Özba?a?ao?lu Village of Güçlükonak District of ??rnak Province in 1994 and no one knows their whereabouts since then. Excavation to find the remnants of the villagers was started in Gendarmerie Brigade Command in Küpeli Mountain region on 19 January 2012. Bones allegedly belong to three people were found with remains of clothes and sent to Forensic Medicine Institute for DNA tests. The clothes are allegedly belonging to the villagers Sait ?en, Be?ir Ba?kök and Abdullah Güler. On 20 January 2012 excavation was adjourned for security reasons on the grounds that the area that will be searched is mountainous (ANF, 20 January).

(01/136) Operations and clashes in South-east…

 

The Kurdistan Workers’ Party’s (PKK) armed wing People’s Defence Forces (HPG) claimed that they have no relation with the explosion in Hakkâri Province on 19 January 2012. Zeki Ye?il had died in the Hakkâri State Hospital after he had been wounded in the explosion as a police shuttle was passing by in Bulvar Street of Hakkâri Province on 19 January 2012. 27 people -7 of them police officers- had been wounded in the explosion (ANF, 20 January).

 

(01/137) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation and the prosecutor decided to enlarge the field that will be excavated on 12 January 2012. On 13 January 2012 remnants of the two people were found. The relatives of the forced disappeared people began to apply to the Human Rights Association’s (IHD) Diyarbak?r Branch. On 22 January 2012 it is stated that remnants belonging to 4 people were found in the next days (Milliyet, 22 January).

 

(01/138) Forced disappearance in detention case…

Nezir Tekçe who had been detained with a group of villagers from Yekmal (A?a?? Ölçek) Village of Yüksekova District of Hakkâri Province on 26 April 1995 had disappeared. A case was launched with the official complaint of the family Nezir Tekçe against the soldiers and the testimony of Yunus ?ahin against the soldiers in September 2011. The case was transferred from Hakkâri to Eski?ehir Province for security reasons. Nezir Tekçe’s father Halit Tekçe claimed that the transfer of the case is an attempt to close the case and they will monitor the case to the end (ANF, 22 January).

 

(01/139) Excessive use of force by law enforcement officers…

The director of Dr. Re?at Erden High School announced that students in plain clothes could not get their report cards in Do?ubayaz?t District of A?r? Province on 20 January 2012. According to the allegations the director called the riot police after some students began to threw stones to the school and the students were forced the leave the school with gas bombs and batons (Radikal, 20 January).

 

(01/140) Torture and ill-treatment in detention…

Fourteen people who had been detained on the grounds that they had participated in the protest, against the massacre in Roboski Village of Uludere District of ??rnak Province on 28 December 2011, in ?stanbul Province on 8 January 2012 were beaten and subjected to cavity search and sexual harassment reported on 20 January 2012 (ANF, 20 January).

 

(01/141) Torture and ill-treatment in detention…

On 19 January 2012 Police teams had interfered with gas bombs to the commemoration march from Taksim Square to Agos Newspaper for Hrant Dink who had been killed five years ago in front of Agos Newspaper in ?i?li District of ?stanbul Province. Teams had detained 11 people -members of the Socialist Democracy Party and Revolutionary High School Students (Dev-Lis) who were trying to take refuge in the SDP’s Province Branch office. One of the detainees was beaten in detention and wounded from his head reported on 20 January 2012 (ETHA, 20 January).

 

(01/142) Ongoing case of operation in prisons…

Üsküdar Heavy Penal Court No. 2 went on hearing the case against the 297 defendants -former gendarmerie soldiers- in connection with the “Back to Life Operation” in 20 prisons on 19 December 2000 in which 32 people were killed on charges of “homicide” on 20 January 2012.

 

None of the defendants participated in the hearing. Lawyers of the intervening party stated that none of the defendants were brought to the hearing by force and the court had frozen the proceedings. The court adjudicated to ask for the verdicts of the similar cases in Çanakkale and Ankara Provinces and adjourned the hearing (Cumhuriyet, 21 January).

 

(01/143) Coercion in prison…

Songül Çelik, a prisoner in Bak?rköy Closed Prison for Females and who is under breat cancer risk, was reportedly not medically treated in Bak?rköy State Hospital on the grounds that the soldiers did not leave the room that she would be medically treated for security reasons on 5 January 2012. reported on 21 January 2012 (ANF, 21 January).

 

(01/144) Coercion in prison…

Hayati Kaytan, who had an operation for the tumour in his head, had been transferred from K?r?kkale F Type Closed Prison to Denizli D Type Closed Prison against his will reported on 22 January 2012 (Özgür Gündem, 22 January).

(01/145) Coercion in prison…

 

Five prisoners -Nedrap Demir, Semiha Can, Duriye Odaba??, Yasemin Budak and Dindare Tan?rgan- who had been transferred from Diyarbak?r E Type Closed Prison to Bayburt M Type Closed Prison against their will were beaten in the prison van by gendarmerie soldiers and by the guardians in the Bayburt Prison reported on 22 January 2012 (Özgür Gündem, 22 January).

(01/146) Convicted editor-in-chief…

 

?stanbul Heavy Penal Court No. 14 sentenced Ziya Çiçekçi, Özgür Gündem Newspaper’s owner and editor-in-chief, to ten years of imprisonment in connection with the news published in the newspaper on charges of “printing and publishing the communiques of the illegal organisation” and “making propaganda of an illegal organisation” under Article 6 and 7/2 of Fighting with Terrorism Law reported on 21 January 2012 (Özgür Gündem, 21 January).

(01/147) Hold off publication…

 

Weekly New Democratic Life (Yeni Demokratik Ya?am) Newspaper was sentenced to hold off publication for one month -all issues also will be confiscated) due to the news in its fifth issue reported on 21 January 2012 (Özgür Gündem, 21 January).

 

(01/148) Finalised KCK case in ??rnak Province…

Diyarbak?r Chief Public Prosecution Office finalised the indictment of against 68 defendants -42 pre-trial detainees, icluding ??rnak Mayor Ramazan Uysal, Balveren Mayor Abdurrezak Y?ld?z, Kumçat? Mayor Mehmet Demir and the BDP’s Province Chairperson Agit ?ke- in connection with the KCK investigation in ??rnak Province and its districts in 2011 reported on 20 January 2012 asked the imprisonment of the defendants up to 20 years on charges of “being a member of an illegal organisation” under Article 314 of TPC and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law. The hearings will be held in Diyarbak?r Heavy Penal Court No. 6 (Zaman, 20 January).

(01/149) Tried conscientious objector…

 

Malatya Martial Court went on hearing the case against Muhammed Serdar Delice (28), conscientious objector to military service, who had been detained in Kas?mpa?a Quarter of Beyo?lu District of ?stanbul Province on 27 November 2011 and arrested on 29 November 2011, on charges of deserting on 20 January 2012. The chairperson of the court adjudicated to transfer the defendant to military hospital for the evaluation of his health whether he is suitable for the military service or not on 17 February 2012 (aleyhtar.org, 20 January).

(01/150) KCK Operation in ?stanbul Province…

 

Seven out of the 8 detainees who had been detained in home raids of Fighting with Terrorism Department in the context of the KCK investigation in Maltepe District of ?stanbul Province on 17 January 2012 were arrested on charges of “being a member of an illegal organisation” on 20 January 2012 (Zaman, 20 January).

(01/151) Detentions and arrests…

 

Two BDP members -Fatma Çakmak and Cenap Çay- out of the thirty people -including the executives of the BDP and the Health Workers Trade Union’s (SES) Branch Chairperson ?smet Karada?- who had been detained on the grounds that they had participated in the protest against the massacre in Roboski Village of Uludere District of ??rnak Province on 28 December 2011 in ?anl?urfa Province and Halfeti and Viran?ehir District of ?anl?urfa Province on 18 January 2012 were arrested on charges of “being a member of an illegal organisation” on 20 January 2012 (Evrensel, 20 January).

 

(01/152) The case on the murder of police officer in Bursa Province…

On 20 January 2012 ?stanbul Heavy Penal Court No. 11 sentenced Ender Bulhaz Aktürk to life sentence in solitary confinement and with no possibility of parole in connection with killing police officer ?smail Özmek (35) during an ID check in Kestel District of Bursa Province on 18 March 2009 (ETHA, 20 January).

(01/153) Tried persons…

 

Eleven out of the 38 detainees who had been detained in the raids of Istanbul Fighting with Terrorism Department on Okmeydan? Rights and Freedoms Association, the Federation of Youth Associations and Idil Culture Centre in Okmeydan? Quarter of ?i?li District of ?stanbul Province on 10 May 2011 were arrested on charges of “being a member of an illegal organisation- Revolutionary People’s Liberation Party/Front -Devrimci Halk Kurtulu? Parti/Cephesi (DHKC)” on 14 May 2011.

 

On 20 January 2012 Ankara Heavy Penal Court No. 11 began to hear the case against 16 defendants -11 of them pre-trial detainees- and after taking the legal arguments of the defendants the court adjudicated to release Gülsüm Y?ld?z, Necla Çam and Mehmet Ali U?urlu. The hearing was adjourned to 10 April 2012 (ETHA, 20 January).

(01/154) Home raids in Mersin Province…

 

Seven people were detained in the home raids of the Fighting with Terrorism Department on Mersin Province on 22 January 2012. The department did not show any reason for the detentions (ANF, 22 January).

(01/155) Closed institution in Van Province…

 

Van Governorate decided the shut down the House of Children Activity Tent which was founded by Van Municipality and the People’s House (Halkevleri) on grounds that the names of the classes are in Kurdish with the official complaint of the security directorate reported on 22 January 2012 (Hürriyet, 22 January).

(01/156) Restriction of access to website…

 

Restriction of access to Agos Newspaper’s website (http://www.agos.com.tr) was banned in the schools of the Ministry of National Education reported on 22 January 2012 (Radikal, 22 January).

(01/157) Threatened newspaper…

 

An envelope with a bullet inside was left to Özgür Gelecek Newspaper’s Kartal (?stanbul) Representative Office stated on 22 January 2012 (atilim.org, 22 January).

(01/158) Tried students…

 

Police teams and private security officers had beaten and detained 11 students -members of the University Collective- that attempted to protest President Abdullah Gül in the 75th anniversary of the foundation of the Economics Faculty of ?stanbul University on 14 December 2011

 

?stanbul Chief Public Prosecution Office launched an indictment against Yi?it Ergün (19) a student of Law Faculty in connection with having eggs in his bag on charges of “resisting police officer on duty” and asked for the imprisonment of Ergün up to 11 years (Vatan, 23 January).

 

24.01.2012 Daily Human Rights Report

 

(01/159) Convict that set himself on fire in prison…

?ehmus Anik who had been in hunger strike with a group of prisoners to protest the prison conditions of Abdullah Öcalan in Bingöl M Type Closed Prison set himself on fire on 23 January 2012. He was seriously wounded (ANF, 23 January).

(01/160) Tried journalists…

 

The 9th hearing of the Oda TV trial was held before the Istanbul 16th High Criminal Court on Monday (23 January). Journalists Ahmet ??k and Nedim ?ener are among the defendants of this case.

 

Prosecutor Mehmet Berk substituted for the prosecutor who is usually handling the case because he was absent due to health reasons. The session was attended by 13 defendants, two of whom are not detained.

It was announced that plaintiff Nazl? Il?cak abandoned her complaint. The hearing was observed by Republican People’s Party (CHP) Deputy Melda Onur, prosecutor ?lhan Cihaner, journalists Oktay Ek?i, Ferai T?nç, Haluk ?ahin and Ru?en Çak?r and lawyer E?ber Ya?murdereli.

 

A list of five names requested from the Scientific and Technological Research Council of Turkey (TÜB?TAK) needed for the preparation of an expert report has not been received by the court board yet. The file of defendant Ka?if Kozino?lu who died in the meantime as the result of a heart attack was separated from the main file. Additionally, it was announced that the records of a conference given by Yalç?n Küçük in February 2011 in Gebze have not been sent to court yet.

It was noted that defendant Do?an Yurdakul needed an angiography. The judge declared that the related decision was to be given once the report would have been sent to the court board.

 

 

Author Yalç?n Küçük was the first defendant who spoke at the Monday hearing. He criticized that the decision of the last hearing was not read out to the defendants directly. He claimed, “I have never seen something like that. In Silivri [prison] the decision is being read to us directly, even if it is midnight”.

 

Defendant Hanefi Avc? completed his speech of defence that he had started at the last session. By means of a projection Avc? explained technical details how documents from computers at the Oda TV office that were also included in the indictment were created at a different computer and then transferred to the Oda TV computers.

 

Avc? emphasized that he was on anti-terror duties for 20 years and that such a document of an organization was impossible to be true.

“Organizational documents are confidential and have a pass word. The staff needs several weeks to decipher them. But this document overflows with information, everything is clearly written. If somebody would have brought such a document to me at the intelligence I would have asked ‘Who do you want to slander’. Such a document cannot be prepared in this simple way. These documents have two pages of footnotes. Which document of an organization gives reference to other writings?” Avc? questioned.

 

Avc? continued with his defence after an intermission given at around noon time. He claimed that he was tried in the scope of this case because he wrote the book “Simons in the Golden Horn”. He noted that he did not write the book upon anybody’s order or instructions.

Avc?’s lawyer Refik Ali Uçarc? reminded that substituted prosecutor Mehmet Berk opened a criminal case and a trial with a compensation claim against Avc? on the grounds of the aforementioned book. Hence, this could be the reason for prejudice, Uçarc? indicated.

 

Uçarc? adverted to a statement made by journalist Nazl? Il?cak in a television program who had said, “These journalists will be released”. In this context, Uçarc? pointed to Court President Mehmet Ekinci who said in an interview about the case, “I have not even been able yet to review the files”.

 

The lawyer conceded that it was normal that Ekinci, who was appointed to the case all of a sudden, had not been able to review all the related files but that this did not mean that he was not reviewing them at all.

 

In an additional speech of defence, journalist Nedim ?ener said that although Il?cak took back the complaint, she continued her duty as judge, prosecutor and executioner and that “she should come here and explain everything”.

?ener recalled the decision of the Hrant Dink trial and remarked that he was pleased about the fact that he was not released at the last hearing. He declared that the decision of the Dink case confirmed the things he wrote.

?ener stated that the forces behind the murder of Turkish-Armenian journalist Dink was the counter-guerrilla just as said by the Trabzon Governor. He added that he would only be able to obtain peace of mind after that trial would have been clarified.

 

Subsequent to ?ener’s speech, the written defence of OdaTV.com website administrator Ahmet Mümtaz ?dil was read at court.

The hearing was adjourned to 27 January (Bianet.org, 23 January).

(01/162) Investigations launched against the books…

 

BDP’s Mu? Deputy Demir Çelik made a public statement announced that Diyarbak?r Chief Public Prosecution Office had launched seven investigations against the books published by Aram Publishing including his novel My eyes were left in your freedom/Özgürlü?ünde Kald? Gözlerim. The publisher was also sentenced to a fine of 20,000 TL reported on 23 January 2012.

Investigated books: Fevzi Yetkin’s The Night of the forth/Dörtlerin Gecesi; Rojbin Peri?an’s, Waiting is the mourning of my tears/Gözya??m?n A??d?yd? Seni Beklemek; Sinan ?ahin’s Whose Islam/Kimin ?slam?; ?rfan Welat’s Prison No. 5/5 Nolu Cezaevi; Musa Anter’s autobiography Vakayiname; Musa Anter’s, The writings of Ülke Gündem Newspaper/Ülke Gündem Yaz?lar? (Cumhuriyet, 23 January).

 

(01/163) KCK operation in Mu? Province…

Two -F.B. and N.Y. out of the five detainees -including the executives of the BDP- who had been detained in home raids of Fighting with Terrorism Department in the context of the KCK investigation in Erendere Municipality of Bulan?k District of Mu? Province on 17 January 2012 were arrested on 21 January 2012 (Zaman, 24 January).

 

(01/164) Home raids in Ankara Province…

Six -Binali Can, Hasan Kaçak, ?lhak Töreci, Ahmet Akyüz, R?dvan ?ahin and Erman Gün- out of the 15 Ankara University students who had been detained in home raids of Fighting with Terrorism Department in Ankara Province on 10 January 2012 were arrested on charges of “being a member of an illegal organisation” and “making propaganda of an illegal organisation with demonstrations” on 13 January 2012. Kas?m Kaden, a student of Ankara University’s Faculty of Political Sciences, who had been detained on 19 January 2012 were arrested with the same charges on 20 January 2012 (T?HV, 20 January).

 

25.01.2012 Daily Human Rights Report

 

(01/165) Home raids in ?stanbul Province…

Thirteen people were detained in home raids of Fighting with Terrorism Department on charges of “being a member of an illegal organisation -Revolutionary People’s Liberation Party/Front -Devrimci Halk Kurtulu? Parti/Cephesi (DHKP/C)” in Sar?yer District of ?stanbul Province on 24 January 2012 (Sabah, 25 January).

(01/166) Ongoing KCK operations…

24 people in Cizre District of ??rnak Province; five people in Batman Province; five people in Diyadin District of A?r? Province were detained in home raids of Fighting with Terrorism Department in the framework of the KCK investigation on 24 January 2012 (ANF; Zaman, 24 January).

(01/167) Arrested reporter…

 

Dicle News Agency (D?HA) reporter Murat Çiftçi was arrested in the ?anl?urfa Chief Public Prosecution Office as he went there to give testimony concerning a case on charges of “attempting to influence the fair trial” on 24 January 2012 (ANF, 24 January).

(01/168) Explosion in Hakkâri Province…

On 24 January 2012 Hakkâri Governorate made a public statement and claimed that the number of the wounded police officer is 3 instead of 7 as it was announced earlier and the surveillance cameras were not working during the explosion on 19 January 2012 (Milliyet, 24 January).

 

(01/169) Detentions and arrests…

Five out of the 10 people who had been detained in Tatvan District of Bitlis Province on 21 January 2012 on the grounds that they had participated in the protest, against the massacre in Roboski Village of Uludere District of ??rnak Province on 28 December 2011, were arrested on 24 January 2012 (ANF, 24 January).

 

(01/170) Coercion in prison…

Turabi Ki?in, the former editor of Özgür Gündem Newspaper who had been arrested on 2 January 2012, was beaten by the guardians and his clothes were taken off with force in Kand?ra (Kocaeli) F Type Closed Prison No. 1 on the grounds that he objected to the cavity search. The administration of the prison sentenced with the ban of table visit for one month reported for his objection on 25 January 2012 (Özgür Gündem, 25 January).

 

(01/171) Tried persons…

Sivas Law Court of First Instance No. 3 began to hear the case against seven people (members of the organising committee of the Commemoration of the 18th anniversary of the Sivas Massacre in Sivas Province on 2 July 2011) on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations” on 18 January 2012.

After taking the legal arguments of the defendants the court adjourned the hearing to 6 April 2012 (Alevi Haber Ajans?, 19 January).

 

26.01.2012 Daily Human Rights Report

 

(01/172) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation and the prosecutor decided to enlarge the field that will be excavated on 12 January 2012. On 13 January 2012 remnants of the two people were found. On 17 January 2012 remnants allegedly belong to four people were found and the prosecutor ordered that all ?çkale region should be excavated. The relatives of the forced disappeared people began to apply to the Human Rights Association’s (IHD) Diyarbak?r Branch and 26 families applied until 18 January. Remnants of the four people were found 24 January 2012 and the number of the corpses became 26 (Radikal, 25 January).

(01/173) Coercion in prison…

Erdinç Akçil, Nusret Gözüpek and Co?kun ?nce were beaten by the guardians on the grounds that there would be a search in their living unit in Tekirda? F Type of Closed Prison No. 1 on 22 January 2012 (ozgurradyo.com, 26 January).

(01/174) Convicted person…

On 26 January 2012 Ayd?n Penal Court of First Instance No. 2 sentenced Abdurrahman Dayan, a religious leader who headed the community in Democratic Solution Tent in Civilian Friday Prayer (namaz) in Ayd?n Province on 2011 to 12 months of imprisonment on charges of “inciting people to hatred and enmity” under Article 216 of TPC (Özgür Gündem, 26 January).

(01/175) KCK Operation in ?stanbul Province…

Four people were detained in home raids of Fighting with Terrorism Department in Gülsuyu Quarter of Maltepe District of ?stanbul Province on 25 January 2012 (Cumhuriyet, 25 January).

(01/176) Home raids in Mersin Province…

 

Five out of the 8 people who had been detained in home raids of Fighting with Terrorism Department in Mersin Province on 22 January 2012 were arrested on charges of “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC on 25 January 2012 (ANF, 25 January).

(01/177) KCK Operation in Hakkâri Province…

Eight members of the BDP were detained in home raids of Fighting with Terrorism Department in Yüksekova District of Province Hakkâri on 25 January 2012 (Zaman, 25 January).

(01/178) Ongoing KCK/TM Main Case…

 

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 25 January 2012.

The court went on hearing the evidences against Muharrem Erbey, Human Rights Association’s (IHD) Diyarbak?r Chairperson and declined the demands of release of defendants. The next hearing will be held on 27 January 2012 (Zaman, 25 January).

 

(01/179) Attack on party building…

Unidentified people open fire with a rifle to the BDP’s District Office in ?skenderun District of Hatay Province on 25 January 2012 (atilim.org, 25 January).

(01/180) Ongoing KCK operation…

Nineteen out of the 24 people who had been detained in home raids of Fighting with Terrorism Department in Cizre District of ??rnak Province on 24 January 20912 were arrested on 25 January 2012 (Özgür Gündem, 27 January).

 

27.01.2012 Daily Human Rights Report

 

(01/181) Extra-judicial killing in ?stanbul Province…

F?rat K?rtekin (26) were killed with police fire during a fight between police officers and the persons that were in the car that allegedly did not obey the “stop” warning in Beylikdüzü District of ?stanbul Province on 25 January 2012 (Sabah, 27 January).

 

(01/182) Violence in Children’s House in Manisa Province…

H.T. (26) was arrested on the grounds that she allegedly made the two children taste their excrement in Kartal Children’s House in Turgutlu District of Manisa Province on 27 January 2012 (Milliyet, 27 January).

(01/183) Coercion in prison…

 

Lawyers Mazlum Dinç, Mahmut Ta?ç? and Sinan Zincir were not allowed to visit their client Abdullah Öcalan on 26 January 2012 on grounds that the ship that would carry them to ?mral? Island was out of order (ANF, 26 January).

(01/184) Coercion in prison…

The relatives of the prisoners in Edirne F Type of Closed Prison stated that the heating system is not functioning, the goods that were sent to the prisoners were not give to the prisoners and the letter of the journalists Sedat ?eno?lu and Bayram Namaz were not sent to the Pre-Trial Detainees Newspaper -published by the journalists in prisons- on grounds that they “insulted the Statesmen” on 26 January 2012 (ETHA, 26 January).

 

(01/185) Tried Deputy…

Diyarbak?r Heavy Penal Court No. 7 went on hearing the case against the BDP’s Diyarbak?r Deputy Nursel Aydo?an in connection with her speech in election meeting in Diyarbak?r Province on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 26 January 2012.

 

The court adjudicated to ask for the documents of the other case against Nursel Aydo?an and also to bring her by force to the next hearing (ANF, 26 January).

(01/186) Invention to the protest in Ankara Province…

Ankara Branches Platform of the Confederation of Public Employees Trade Unions (KESK) attempted to march to the Grand National Assembly of Turkey (GNAT) to protest the session on the Law Draft No. 4688. Police teams hindered the march with gas bombs and sprays (bianet.org, 26 January).

 

28.-30.01.2012 Daily Human Rights Report

 

(01/187) Death in prison…

Naci Akyol, a prisoner and lung cancer patient in Sivas E Type closed prison, died in December 2011 reported on 27 January 2012 (Özgür Gündem, 27 January).

(01/188) Violations as a result of home raids of the law-enforcement officers…

?stanbul Security Directorate’s Fighting with Terrorism Department teams raided on the house that the members of the Socialist Party of the Oppressed (ESP) have been living in 1 May?s (Mustafa Kemal) Quarter of Ata?ehir District of ?stanbul Province in the night of 27 January 2012. Officers made the members of the ESP to lay down and their hands were cuffs from behind. After three hours of search they left the house saying “they raided on a wrong house” (ETHA, 27 January).

(01/189) Coercion in prison…

 

M. Ömer Polat a prisoner Erzurum H Type closed prison, sent a letter to Özgür Gündem Newspaper and stated that he had an open heart operation and have reports that document his disability for work. Despite the reports he is still kept in prison and his illnesses getting worse due to the prison conditions reported on 27 January 2012 (Özgür Gündem, 27 January).

(01/190) Coercion in prison…

 

Binali Ate?o?lu a prisoner Kand?ra (Kocaeli) 1 Nolu T Type closed prison was beaten by the guardians. The incident was revealed out with his phone conversation with his family on 22 January 2012 (Evrensel, 27 January).

(01/191) Ongoing KCK/TM Main Case…

 

Diyarbak?r Heavy Penal Court No. 6 went on hearing the case against 152 defendants -104 of them are pre-trial detainees- who had been detained in 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), operations on 14 April, 11 and 17 June and 25 December 2009 on charges of “constituting an illegal structure and acting in the context of it” on 27 January 2012.

The court went on hearing the evidences against Muharrem Erbey, Human Rights Association’s (IHD) Diyarbak?r Chairperson and released five defendants -Seyithan ?en, Veysi Akar, ?hsan Seviktek, Abdurrahim Tanr?verdi and Adnan Bayram- on the grounds that the time they served in prison and adjourned the hearing to 9 April 2012 (ntvbmsnbc.com, 27 January).

(01/192) Tried journalists…

 

The tenth hearing of the Oda TV trial stretched well into the evening and was closed by the Istanbul 16th High Criminal Court at 11.10 pm on Friday night (27 January). The court decided to keep all detained defendants in prison. The next hearing is scheduled for 12 March.

 

13 defendants are tried in the scope of the Oda TV case: eleven detained defendants Prof Yalç?n Küçük, former Chief of Police Hanefi Avc?, author Müyesser Y?ld?z, journalists Nedim ?ener, Ahmet ??k, Soner Yalç?n, ?ükrü Do?an Yurdakul, Bar?? Terko?lu, Bar?? Pehlivan, Muhammet Sait Çak?r, Co?kun Musluk, Müyesser U?ur and the two un-detained defendants ?klim Kaleli Bayraktar and Ahmet Mümtaz ?dil.

 

The court board gave the following decisions:

 

ñ The criminal record of Yalç?n Küçük is going to be obtained;

ñ An expert report will be requested from the Scientific and Technological Research Council of Turkey (TÜB?TAK) for the identification of visual records;

ñ The indictment and the minutes of the trial about the underground Ergenekon organization (charged with the attempt to overthrow the government) shall be obtained;

ñ The request of defendant Hanife Avc? to determine the e-mail traffic was accepted;

ñ A warrant shall be written to the prison administration to enable the detained defendants to use the internet;

ñ The decision about witness proceedings related to Nedim ?ener and Sabri Uzun will be given after their cross-examinations;

ñ All detained defendants remain in prison;

ñ Do?an Yurdakul will be transferred to the Mehmet Akif Ersoy Heart Hospital after his health report was presented to court at the Friday hearing;

ñ The next hearing was set for 12 March at 10.00 am.

Furthermore, TÜB?TAK submitted a report prepared by five experts to court related to allegations that certain documents had been transferred to computers via a virus.

 

Lawyer Tugay Topba? presented the defence for his client Ahmet Mümtaz ?dil.

Bayraktar presented speech of defence

 

In accordance to Article 200 of the Criminal Procedure Law (CMK) (possible exclusion of the accused from court during the interrogation), the defence of Bayraktar, the other defendant who is not in detention, only started after the other defendants had left the court room despite the fact that neither Bayraktar nor his lawyer made a related request.

 

The other defendants as well as the audience were asked to leave the court room before Bayraktar’s statement was taken.

This decision was criticized by the lawyers. Bayraktar stated in his defence speech that he had talked to Soner Yalç?n only twice on the phone and that he talked to him directly just once. He claimed to have seen Bar?? Pehlivano?lu for the first time at court.

 

Bayraktar denied to have made any allegations regarding Deniz Baykal, the former chairman of the Republican Peoples’ Party (CHP). He said that the telephone records were published intentionally in the newspapers after 44 days.

Bayraktar also disputed allegations regarding blackmailing Baykal and stated that no-one form Oda TV had given him any orders regarding Baykal.

Mentioning the sentence “I sowed the seeds and now I wait”, Bayraktar explained, “I meant an interview I wanted to do with Olcay Baykal”.

 

After a one-hour intermission, defendants Küçük, Yalçin, Terko?lu and Pehlivan had a say even though they were not able to comment on Bayraktar’s defence.

Terko?lu criticized the proceedings. He reminded the fact that the court decision of the previous hearing was announced on television 20 minutes before the judge had declared the decision at court.

 

Also Pehlivan voiced criticism: “You accepted to have the Oda TV computers investigated by TÜB?TAK weeks ago. Were they investigated? No. The expert report from the Bosporus University was sent to you in April. Did you send it to TÜB?TAK for an investigation? No? Is this justice? Dear Mr. Court President, you prolong the period of detention for all of us. Do you say the truth should emerge, whatever it is? No!”

 

Defendant Musluk requested his acquittal and his release from prison. He claimed, “This trial is based on assumptions. The indictment takes Ergenekon and the leadership of Yalç?n Küçük for granted. This is not legal. The crime of restricting freedom is being committed. The documents and files included in the indictment have no relevance at all. I can prove that”.

 

Çak?r put forward, “Two offences are being imputed: using a pseudonym and preparing a book to go into print. It is a paradox to talk about suspicion in the absence of evidence. All activities are legal. The accusation of organizational crime is the weakest allegation of the indictment. (…)”

 

Nedim ?ener claimed, “I wrote a book entitled ‘Hrant Dink and the lies of the intelligence’. Because of that, the ones who showed negligence towards the murder put me here”. ?ener said that Rasim Ozan Kütahyal? who accused him and former police officer Sabri Uzun should be heard by the court. “I request my release because of my daughter and my wife”, he said.

Ahmet ??k only said “I have no request” and sat down again.

Müyesser U?ur asked for permission to speak and indicated, “I am alleged of black propaganda. This kind of offence is not included in any legal provision. Would you explain that to me? You are not going to release us. Release Mr. Yurdakul at least; he is sick. I have no other request” (bianet, 27 January).

(01/193) Convicted person…

 

Van Heavy Penal Court No. 3 sentenced Ayten Tikit, a member of the Democratic Patriotic Youth (DYG), to 27 years and 8 months of imprisonment and a fine of 10,000 TL in connection with allegedly throwing a Molotov Cocktail to a public building in the demonstration in Van Province on 19 April 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law, “resisting officers on duty”, “having explosives”, “risking general security” reported on 28 January 2012 (Hürriyet, 28 January).

(01/194) KCK Operation in Manisa Province…

 

Five people who had been detained with three others in home raids in connection with the KCK investigations in Manisa were arrested on 27 January 2012 announced by the Manisa Security Directorate (Zaman, 27 January).

(01/195) Home raids in ?stanbul Province…

 

Five out of the thirteen people -Sad?k ?enbaba, Cengiz Karaca, Çi?dem Yah?i, Co?kun Özdemir ve Salih Ça??n Kul- who had detained in home raids of Fighting with Terrorism Department on charges of “being a member of an illegal organisation -Revolutionary People’s Liberation Party/Front -Devrimci Halk Kurtulu? Parti/Cephesi (DHKP/C)” in Sar?yer District of ?stanbul Province on 24 January 2012, were arrested on 27 January 2012 (halkinsesi.tv, 27 January).

(01/196) KCK Operation in ?stanbul Province…

Mustafa Berke who had been detained with three others in home raids in connection with the KCK investigations in Gülsuyu Quarter of Maltepe District of ?stanbul Province on 25 January 2012 was arrested on 28 January 2012 (ANF, 28 January).

(01/197) KCK Operation in Hakkâri Province…

?lyas Yorgun and Ümit Yorgun out of the 8 BDP members who had been detained with three others in home raids in connection with the KCK investigations in Yüksekova District of Hakkâri Province on 25 January 2012 were arrested on charges of “making propaganda of an illegal organisation” on 28 January 2012 (ANF, 28 January).

(01/198) Detentions and arrests…

Azadiya Welat Newspaper Mardin Representative Aziz Tekin and his daughter S.T. (17), Peace and Democracy Party (BDP) K?z?ltepe Distrcit Branch vice Chairperson Kenan Akdo?an, K?z?ltepe Vice Mayor Leyla Salman, member of Municipality Assembly Nuran Turan, member of Province General Assembly from the BDP Mesut Gümü?, BDP members Mithat Güne?, ?ükriye Y?lmaz, Hac? Araf S?rda?, Veysi Erdem and Selma ?ahin were detained home raids on grounds that they gave petitions as a part of the campaign of the BDP to protest the operations against itself in K?z?ltepe District of Mardin Province on 28 January 2012.

?ükriye Y?lmaz, Veysi Erdem and Selma ?ahin were released and the detainees were arrested on charges of either “being a member of an illegal organisation” under Article 314 of TPC or “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC (Radikal, 29 January).

(01/199) Prohibited meeting…

On 28 January 2012 Diyarbak?r Governorate banned the “Freedom and Negotiation meeting” which would be held by the DDP in Diyarbak?r Peovince on 29 January 2012 (ANF, 28 January).

(01/200) Intervention to the meeting in Mersin Province…

Two people were detained in the intervention of police officers to the Freedom for Öçalan and put an end to political genocide” organised by Democratic Liberated Women Movement in Mersin Province on 29 January 2012 (atilim.org, 29 January).

(01/201) Home raids in Bitlis Province…

Eight people in Tatvan District of Bitlis Province and another one in Bismil District of Diyarbak?r Province were detained in home raids against the members and the executives the BDP on 29 January 2012 (Zaman, 29 January).

(01/202) Home raids in Ankara Province…

Six -Binali Can, Hasan Kaçak, ?lhak Töreci, Ahmet Akyüz, R?dvan ?ahin and Erman Gün- out of the 15 Ankara University students who had been detained in home raids of Fighting with Terrorism Department in Ankara Province on 10 January 2012 were arrested on charges of “being a member of an illegal organisation” and “making propaganda of an illegal organisation with demonstrations” on 13 January 2012. Kas?m Kaden, a student of Ankara University’s Faculty of Political Sciences, who had been detained on 19 January 2012 were arrested with the same charges on 20 January 2012

Mehmet Sunduk a student of Middle East Technical University (METU) was detained and eventually arrested with the same charges on 22 Aral?k 2012 (T?HV, 30 January).

31.01.2012 Daily Human Rights Report

(01/203) Allegations of mass graveyard in Diyarbak?r Province…

Human bones and skulls that were allegedly belong to six people had been found during the excavations for the restoration of Central Closed Prison which was allegedly used by the Gendarmerie Intelligence and Fighting with Terrorism Department (JITEM) in 1990s in Suriçi Quarter of Diyarbak?r Province on 11 January 2012. Remnants of 3 people were found in the second day of the excavation and the prosecutor decided to enlarge the field that will be excavated on 12 January 2012. On 13 January 2012 remnants of the two people were found. On 17 January 2012 remnants allegedly belong to four people were found and the prosecutor ordered that all ?çkale region should be excavated. The relatives of the forced disappeared people began to apply to the Human Rights Association’s (IHD) Diyarbakyr Branch and 26 families applied until 18 January. Remnants of the four people were found 24 January 2012 and the number of the corpses became 26. On 30 January 2012 remnants of the 3 people were found during the excavation (ntvmsnbc.com, 30 January).

(01/204) Intervention to the workers’ action…

Municipal police interfered the workers who had been laid off and have been demonstrating for their rights to organise in trade unions in front of the Maltepe Municipality in ?stanbul Province on 30 January 2012 and confiscated placards and invitations for the activity which will be held on 4 February 2012. Police teams interfered the quarrel between the municipal police and the workers and detained eight workers and the reporter of the Red Flag (K?z?l Bayrak) Newspaper (kizilbayrak.net, 30 January).

(01/205) Explosion in Hakkâri Province…

On 30 January 2012 three people were detained in connection with the explosion in Hakkâri Province on 19 January 2012. Zeki Ye?il had died in the Hakkâri State Hospital after he had been wounded in the explosion as a police shuttle was passing by in Bulvar Street of Hakkâri Province on 19 January 2012. 27 people -3 of them police officers- had been wounded in the explosion (Zaman, 30 January).

(01/206) Home raids in Bitlis Province…

Nurullah Akdemir, Tatvan Municipality Assembly member, and Yalç?n Aysal, a member of the Democratic Youth Association (DYG), were arrested on charges of “being a member of an illegal organisation” in Tatvan District of Bitlis Province on 30 January 2012. They had been detained with six other executives of the BDP on 29 January 2012 (ANF, 30 January).