Congress of the Council of Europe: Release elected Kurdish politicians

ANF – STRASBOURG 27.03.2014 – The Congress of Local and Regional Authorities, meeting in Session on 26 March in Strasbourg (France), accepted a report on “the situation of former mayor of Viranşehir, Leyla Güven, and other local elected representatives in detention in Turkey”, by an overwhelming majority, and issued serious warnings to Ankara and the AKP.

The report siad the situation where there are around 10,000 Kurdish political prisoners in Turkish jails, hundreds of them elected, was “unprecedented in Europe.” The report concluded “Such detentions constitute a serious obstacle to the democratic process in Turkey and also raise serious questions about the rule of law and the protection of human rights in this country”.

Adhere to the rule of law!

In the report Turkey was warned to comply with the “principle of the presumption of innocence until guilt is proven,” and that the fact so many elected persons were in custody cast a shadow while Turkey was preparing to hold new local elections on 30 March.

Congress rapporteurs, Anders Knape, Sweden (L, EPP/CCE) and Leen Verbeek, Netherlands (R, SOC) pointed out that 15 mayors, 23 deputy mayors and dozens of municipal councillors from the BDP had been in remand detention for years and, referring to the decision of the Constitutional Court to release Mustafa Balbay, said that Leyla Güven and the other elected politicians should also be released. The rapporteurs called on the Committee of Ministers of the Council of Europe to demand the Turkish government end its phone-tapping of elected politicians and its use of claims such as “propaganda for an organisation” as a basis for remand in custody.The report noted prison conditions, saying up to 23 people were being held in 8 person cells where Leyla Güven was, and that there were 1,300 inmates in the Diyarbakır D Type Prison, double its capacity of 650. The report noted that relatives of inmates were subjected to humiliating searches when visiting, and that despite almost 5 years in custody Leyla Güven’s morale was high and that her determination had impressed the delegation.

The rapporteurs said they had spoken to Turkish officials in Diyarbakır, expressing their concerns, and that the head of the Turkish delegation, Gaye Doğanoğlu, had accompanied them on the prison visit.

The report demanded that Turkey comply with the terms of the European Charter of Local Self-Government that it signed up to (with some reservations) in 1993. The report was written following the visit to Diyarbakır prison on 7 December 2013.

Rapporteur Anders Knape said: “I am of the opinion that Leyla Güven has not been released on account of the cause she advocates and her courageous stand in prison. They are making her pay for this courage, as they have with many of her colleagues.” Referring to the decision of the Constitutional Court to release Mustafa Balbay, he said: “Why isn’t this being implemented in the case of Leyla Güven and the other elected persons?” He added: “There are 88 BDP colleagues whose applications have been refused.” Rapporteur Leen Verbeek said: “Keeping thousands of people in custody for years on trumped up charges can only happen in fake democracies.”

Paris massacre recalled

Jean Louis Testud from the French delegation said: “Securing the freedom of Leyla Güven is a matter of honour for the Council of Europe and the Congress of Local and Regional Authorities. We cannot accept such injustice. It is no coincidence that those in custody are Kurdish!”  Testud recalled the massacre of three Kurdish women, Fidan Doğan Sakine Cansız and Leyla Şaylemez in Paris on 9 January 2013, saying: “Many of us knew Fidan Doğan on account of her work on the Kurdish question. The investigation points to the murders having been directed by MIT in Ankara. The Turkish government must fulfil its obligations to resolve this crime.” AKP members at the Congress defended the arrests, saying; “Leyla Güven was arrested and remanded in custody in the KCK-PKK terror organisation trials. These organisations are on the EU list of terrorist organisations.”