Human Rights Foundation of Turkey (TIHV) /FULL & DETAILED REPORT – September 2012

September 2012 Daily Human Rights Report

(09/001) Operations, Attacks in the South-East…

During parallel attacks with long-barreled rifles and rocket launchers on the command of the gendarmerie in town, military dormitories, security points and the building of the governor in Şırnak-Beytüşşebap district on 2 September 2012 13 people lost their lives, 10 of them soldiers and three of them militants; seven soldiers were wounded. The French news agency AFP stated that 20 militants had been killed, referring to local sources.

(09/002) Children hit by military vehicle…

On 30 August 2012 a scorpion type military vehicle with high speed hit a motorcycle in Şırnak. The juveniles on the motorcycle, Önder Zeyrek (18) died at the sport and Umut Caner (18) died in Şırnak State Hospital where he was under treatment.

(09/003) Operations, Attacks in the South-East…

A military operation that was conducted after a mine exploded between Van-Saray district Keçikayası and Çaybağı village on 31 August 2012 while freight train passed resulted in a clash that caused injuries of six soldiers and 4 civilians.

(09/004) Operations, Attacks in the South-East…

During a clash that occurred in the rural areas of Van-Başkale district, Çamlık village on 1 September 2012 one militant died and one soldier was injured.

(09/005) Operations, Attacks in the South-East…

It was alleged that the lawyer Abdülmecit Tarhan, chair of the Justice and Development Party (AKP) for Hakkâri province was abducted by HPG militants on 3 September 2012. The car and the mobile phone of Abdülmecit Tarhan, who had not been heard of for 12 hours, was found near Oğul village.

(09/006) Operations, Attacks in the South-East…

As the result of fire opened on a police team controlling the road in Şanlıurfa-Viranşehir district on 2 September 2012 and the ensuing clash one militants allegedly exploding a bomb he was carrying died and one solider, one militant and one civilian were injured.

(09/007) Trial on the massacre in Zirve Publishing house…

On 9 June 2012 it had been learned that the prosecutor in Malatya with special authorities had prepared a new indictment in the case of the killing of Tilman Ekkehart Geske, Necati Aydın and Uğur Yüksel on 18 April 2007 in Zirve publishing house in Malatya because of proselytizing.

The 761 page indictment on 19 defendants including the retired general Hurşit Tolon, former commander of the gendarmerie in Malatya, colonel Mehmet Ülger, major Haydar Yeşil and soldiers on duty was sent to Malatya Heavy Penal Court 3 in order to be accepted.

After Maltaya Heavy Penal Court 3 had accepted the indictment on 22 June 2012 the hearing against 26 defendants continued on 3 September 2012.

General Hurşit Tolon and the secret witness of the first investigation, İlker Çınar did not participated in the hearing on the massacre in Zirve Publishing house continuing with the combination of two indictments.

The court’s jury started to read a 300 page summary of the indictment and adjourned the hearing to 4 September 2012 to continue reading.

(09/008) JITEM trial related to killings of unknown assailants in Cizre…

On 31 August 2012 Diyarbakır Heavy Penal Court No. 6 continued to hear the case of 7 defendants, members of JITEM (Gendarmerie Intelligence and Fight against Terrorism) charged with 20 killings that had been committed between 1993 and 1995 when Cemil Temizöz had been the commander of Cizre Gendarmerie Station in Şırnak province, Cizre district. It was the 37th hearing.

During the hearing Agit Malgaz was heard as witness of the killing in detention of Abdulaziz Gasyak, Ömer Candoruk, Süleyman Gasyak and Yahya Akman in Cizre in 1994.

Agit Malgaz testifying with the help of an interpreter said that on the date when four people had been kidnapped he had beens stopped on the way back from Silopi to Cizre at Botaş Gendarmerie Station and added:

“They stopped our vehicle. In front of us the the vehicle of the victims and three cars were waiting. Two of them were white cars of the intelligence with antennas at their back, the other gray car belonged to Ömer Candoruk who was working as a taxi driver in Cizre. The people conducting the search were all dressed civilian. As far s I remember they were 7-8 people. Among them I recognized Abdulhakim Güven and Bedran (Adem Yakın). Abdulhakim was wearing a steel vest and had scarves around his neck. He had a beard and was wearing jeans. Of course, out of fear we could not look around carefully. While our control was continuing they suddenly picked Ömer Candoruk, taxi driver in Cizre, my neighbor Abdulaziz Gaysak, Süleyman Gaysak and Yahya Akman, a minor at the time and put them in the vehicles. Later the two vehicles of the intelligence took the car of Ömer between them and moved in the direction of Cizre. 5-6 minutes later our search was finished and we moved in the same direction. About the Cudi Facilities we caught up the vehicles. They were driving slowly. We saw that they threw something out of the vehicle. I told the minibus driver to stop the vehicle. When I went and look I saw that it was the driving license of Ömer. When I entered the vehicle again I saw that the three cars were driving towards Bozan village. We continued our journey to Cizre. In the evening I went to the house of Abdulaziz Gaysak. I told the wife that her husband had been taken away by repentants at the search point Botaş. In the morning I went to the coffee shop beneath Koç Hotel. And having told him the story I gave the driving license of Ömer Candoruk to his elderly brother Salih Candoruk. Three days after the incident we heard that four people had been killed. We brought the corpses to Cizre on tractors. Of course, after we head delivered them to hospital we could not get near them. There was neither a judge nor a prosecutor. All of them were from the intelligence. We were much afraid.”

At the hearing it was learned that the repentants Abdülhakim Güven and Adem Yakın had been tried in connection with the killing of Süleyman Gasyak, Abdulaziz Gasyak, Yahya Akman and Ömer Candarut, but Şırnak Heavy Penal Court had acquitted them by verdict with the basic number 2003-280 and the verdict number 2005/35.

The court adjourned the hearing to 19 October 2012.

(09/009) Violations as a result of extreme use of force of the uniformed forces…

On 2 September 2012 it was learned that workers had staged an action in İstanbul-Beşiktaş district in the Levent area because they had been paid. The police had intervened and the workers had called the number 4441559 that had been set up as help line in case of torture and ill-treatment. nolu Lawyer Şükriye Erden answering the phone had gone to the workers and at the place of action she had been beaten with truncheons fracturing her hand.

Şükriye Erdem was taken to Okmeydanı Education an Research Hospital and received a report of “three weeks inability to work”. He hand was wrapped in gypsum. It was also learned that during the intervention of the police into the action of the workers the lawyer Taylan Tanay was beaten and one worker, who ot injured, was taken to Şişli Etfal Education an Research Hospital.

(09/010) Fire in Prison…

On 3 September 2012 some 200 prisoners at Bingöl M-type Prison set the sleeping room on fire. It was learned that the fire was taken under control and that two prisoners had been affected by the fire.

(09/011) Person tried in connection with incidents in Hopa…

On 3 September 2012 the third trial against 51 people in connection with incidents during the meeting of Prime Minister Recep Tayyip Erdoğan in connection with the elections on 12 June 2011 in Artvin, Hopa district started. In the indictment of the prosecutor in Hopa 51 people are charged with having violated Law 2911 on Meetings and Demonstrations, having resisted officers on duty and harmed public property. During the first hearing at Hopa Penal Court the presiding judge accepted the demand not to try the defendants separately and adjourned the hearing to 14-18 January 2013.

(09/012) Attack on building of a political party…

Following the parallel attack in Şırnak-Beytüşşebap district on 2 September 2012 that resulted in the death of 10 and injury of seven soldiers a racist group attacked the building of the Peace and Democracy Party (BDP) on 3 September 2012 breaking the windows.

(09/013) Intervention to a desk for signatures in İstanbul…

Police teams intervened when on 31 August 2012 members of the People’s House opened a desk in İstanbul-Beşiktaş district in font of the Prime Minister’s Office in the Dolmabahçe Palace stating “we shall stop 4+4+4” and detained 8 people.

(09/014) House raids in Van…

On 31 August police teams of the department to fight terrorism conducted parallel house raids in Van-Çatak district and detained four people on the grounds that they provided support and shelter for an illegal organization.

(09/015) Intervention in an action on an extra-legal execution in Ankara…

On 30 August 2012 Cem Aygün (22), who had to give his signature at a police station being on probation after he was convicted to 13 months of imprisonment, was shot dead in Keçiören District of Ankara Province. Police officers shot at the vehicle he was travelling in allegedly because stop warnings were ignored. The police officer who shot Cem Aygün testified after the incident that his pistol was fired, when he stumbled.

On 1 September 2012 seven sisters of Cem Aygün wanted to stage an action on front of Ankara Police HQ. The police intervened against the seven people shouting “we want the killers of our brother”, detained them and held them for two hours.

(09/016) Intervention in a 1 September Meeting in Van…

Following a meeting in Van on “Peace Day”, 1 September 2012 participants clashed with the police who detained seven people.

(09/017) Intervention in a demonstration in Eskişehir…

On 2 September 2012 students of the preparatory class whose education had been prolonged after unsuccessful examinations conducted a sit-in in front of the Rectorate of Anadolu University. The police detained 31 students.

(09/018) Detained film artists and workers…

On 3 September 2012 police teams detained 10 members of the Mesopotamian Culture Center in Batman-Sason district where they wanted to film a short film as actors and staff.

05. September 2012 Daily Human Rights Report

(09/019) Explosion in Bingöl…

When an explosive that Fermali Sağlak (44) had found on the ground exploded in Bingöl-Yedisu district, Elmalı village, Bikan hamlet on 4 September 2012 he lost his life and Sıdıka Sağlak (42) and Habip Sal were injured.

(09/020) Violations as a result of extreme use of force of the uniformed forces…

On 5 September 2012 it was learned that Evrim Lüleci warned a police officer whose car was moving backwards and hit her husband Banu Lüleci. The officer named A.D. sprayed pepper gas into her face and hit her with his walkie-talkie.

(09/021) Violations as a result of extreme use of force of the uniformed forces…

On 13 August 2012 Şevhat Bürkük had a traffic accident in Diyarbakır. Police officers came and said, “what kind of a name do you have? Are you a terrorist?” The incident became known when on 3 September 2012 Şevhat Bürkük went to the Human Rights Association in Diyarbakır to inform them.

(09/022) Pressure in the Prisons…

Between 27 July 2011 and 24 May 2012 the PKK leader Abdullah Öcalan had not been allowed to meet his lawyers for 407 days. On 24 May 2012 the lawyers from the Law Office of the Century, Mazlum Dinç, Rezan Sarıca, Gülşen Özbek and Selvi Tunç were again not allowed to go to İmralı Island, because the coaster for transport to the hight security prison on İmralı was out of order.

(09/023) Racist attack in Afyon…

On 4 September 2012 a racist group threw stones at buses going to Diyarbakır and Batman at the city exit of Afyon after a funeral had been conducted for a soldier who was killed in the attack on Şırnak-Beytüşşebap district. Teams of the gendarmerie who saw the incident did not interfere. Nobody was killed or injured but material damage was caused at the vehicles.

(09/024) House raids in Şırnak…

During parallel house raids that were conducted in Şırnak-Beytüşşebap district on 4 September 2012, Ergin Dürmüş, chair of the Peace and Democracy Party (BDP) in the district and the executives Ali Ataman and Sabri Bal and the BDP member Harun Ataman were detained.

(09/025) House raids in Hakkâri…

Of the 17 people that were detained during parallel house raids of police teams from the department to fight terrorism in Hakkâri on 31 August 2012 six were arrested on 4 September 2012 on the grounds that they had been involved in the incident during the visit of Interior Minister Naim Şahin on 18 August 2012, had damaged public property and committed a crime in the name of an illegal organization and place in Van F-type Prison.

(09/026) Intervention in a stand in Eskişehir…

On 4 September 2012 police officers of the rapid deployment forces in Eskişehir intervened when students opened a stand for new students an action that had been banned by the Rectorate of Anadolu University and detained 44 students.

(09/027) Intervention into a protest action in Ankara…

Police teams intervened when on 4 September 2012 Emin Murat Uysal protested in Ankara the fact that he had been appointed to Diyarbakır Customs Directorate, but had not been employed because of a security check and detained him.

06. September 2012 Daily Human Rights Report

(09/028) Operations, Attacks in the Southeast…

During a clash that occurred in Şırnak-Beytüşşebap district in the region of Kato Mountain on 5 September 2012 one soldier lost his life and two soldiers were injured.

(09/029) Trial on the explosion in Güngören …

The trial in connection with the explosion in İstanbul’s Güngören district on 29 July 2008 that resulted in the death of 17 and injuries of 154 persons continued with 8 defendants at Istanbul Heavy Penal Court No. 12 on 5 September 2012. During the previous hearing the prosecutor had summed up the case and the prosecutor Mehmet Ali Uysal had argued that the defendants on the run with the code names “İrfan, Sedat, Selçuk and Azat” were the actual perpetrators. He had asked 17 times for aggravated life imprisonment for the defendants Hüseyin Türeli and Nusret Teriş for having caused the death of 17 people and for imprisonment terms up to 1800 years.

For the other defendants he had asked for terms of imprisonment of being members of an illegal organization and having been in possession of unregistered weapon and for one defendant he asked for acquittal. The hearing was attended by the defendants in pre-trial detention Hüseyin Türeli, Ziya Kıraç, Abdurrahman Oral, Şerafettin Kara, Cevat Aydın, Aydın Ağlar, Mehmet Salih Yanak and Nusret Teriş. The court heard the demands of the defense lawyers an adjourned the hearing to 2 November 2012 in order to listen to a secret witness and witnesses shown by the defendants.

(09/030) Violations as a result of extreme use of force of the uniformed forces…

In a quarrel that occurred in İstanbul-Bahçelievler district in Şirinevler quarter because of parking space Ferhat Özcan (24) was reportedly beaten by police officer H.Ö. and for this reason had to undergo a brain operation. This was learned on 5 September 2012. On the official complaint of Ferhat Özcan H.Ö. testified to the prosecutor saying “Ferhat Özcan hit me and I fell on the ground. Afterwards he hit me with his fist. When I fell on the ground my weapon also fell down. I tried to get my pistol. He threatened me with death. I only hit the person one time with my fist. When I fell I saw that he hit at something, but I do not remember. He may also have hit the pavement. I did not shoot at him” he reportedly said.

(09/031) Pressure in the Prisons…

On 4 September 2012 Alattin Sayak, father of Serdal Sayak, imprisoned in Bingöl M-Prison and suffering from silicosis went to the Bingöl branch of the Human Rights Association (HRA) and asked for legal aid. Alattin Sayak stated that his son was suffering from silicosis since 6 years and although physicians issued reports stating that his illness was 15 % he had not been treated. He was in prison since once and a half years and his illness was progressing, he was also extremely losing weight. In prison he is not treated” he said.

(09/032) Students on Trial…

On 3 September 2012 the trial of 10 students who on 39 December 2011 had staged a demonstration and issued a press statement on the campus of the Abant İzzet Baysal University in Bolu against the Roboski massacre that on 29 December 2011 had resulted in the death of 34 people in Şırnak-Uludere district. Bolu Peace Court heard the testimony of the students charged under Article 301 of the Turkish Penal Code and adjourned the hearing to 17 December 2012.

(09/033) Child on trial…

Of the five people that had been detained in house raids in Mersin on 12 July 2012 the juvenile F.S. (16) was arrested on 16 July 2012 on the grounds of entries in the social networking site Facebook and accused of being a member of an illegal organization. At the end of the investigation against F.S. an indictment was prepared and accepted charging him with making propaganda for an illegal organization and being a member of an illegal organization by sharing entries on the social networking site Facebook. On 5 September 2012 it was learned that the trial will start at Mersin Heavy Penal Court in the upcoming days.

(09/034) Attack on building of a political party…

A packet that was left in front of the district building of the Peace and Democracy Party (BDP) in İstanbul-Zeytinburnu district on 5 September 2012 turned out to be a sound bomb. The police teams determined that it was a sound bomb and detonated it by initiating the fuse. Because of the detonation the glasses of the front door broke.

07. September 2012 Daily Human Rights Report

(08/035) Operations, Attacks in the South-East…

As the result of fire opened on a construction site of a gendarmerie station in Büyükçiftlik town of Yüksekova district in Hakkari province one temporary village guard was killed by gunfire on 6 September 2012.

(08/036) Operations, Attacks in the South-East…

During a clash that occurred near Mount Kato in Beytüşşebap District of Şırnak Province on 6 September 2012 one soldier lost his life.

(08/037) Pressure in the Prisons…

It was learned that on 3 September 2012 Murtaza Dağ was taken from Tekirdağ F-type Prison No. 1 to hospital in a special van. When he closed the camera in the van with his hands he was taken to the gendarmerie station in Muratlı and beaten by gendarmes. Murtaza Dağ fainted as a result of the blows.

(09/038) Pressure in the Prisons…

On 7 September 2012 it was learned that Gülistan Çelik (23), imprisoned in Bakırköy (Istanbul) L-type prison and suffering from an advanced stage of a slipped disc was hindered to be treated despite a report of Bakırköy and Samatya Education and Research Hospital that she was in need of an emergent operation.

(09/039) Intervention to a press release in Hatay…

After Hatay Governor Celalettin Lekesiz had banned all demonstrations and press releases on Syria” the Socialist Party of the Oppressed (ESP) wanted to hold a press conference on 6 September 2012 as a reaction to it, but the police intervened and detained eight people.

(09/040) Attack on building of a political party…

As the result of an armed attack of an unidentified person on the office of the Peace and Democracy Party (BDP) in Osmangazi district of Bursa on 6 September 2012 material damage was caused to the building.

08.-10. September 2012 Daily Human Rights Report

(09/041) Operations, Attacks in the Southeast…

Between Hasankeyf district and Suçeken village in Batman province a mine that had been planted there earlier exploded on 9 September 2012, when a minibus carrying temporary village guards passed and caused the death of three civilians, one of them a child.

(09/042) Death in Custody…

It was alleged that Mustafa Cabeyli (33), who tried to commit suicide after his friend Mehmet Şevkatli (30) had been killed in Şanlıurfa but was rescued and taken to Numune Training and Research Hospital (Ankara) on 8 September 2012 opened the window of the single person’s room in the first floor, where he was taken and attempted to commit suicide by escaping from the two police officers that woke up because of the noise. An investigation was launched against the police officers.

(09/043) Operations, Attacks in the Southeast…

It was declared that on 8 September 2012 HPG militants blocked the crossroad to Aşağı Ölekli village of Bitlis and abducted four temporary village guards. During the brawl one temporary village guard was wounded by gunfire.

(09/044) Operations, Attacks in the Southeast…

As the result of the explosion of a previously planted mine in Beytüşşebap District of Şırnak Province in the region of Mount Kato on 9 September 2012 one soldier was killed when the military unit passed on foot.

(09/045) Death in Prison…

On 7 September 2012 it was learned that the South African citizen Sussanna Winnaar’ın Martha Magdelena held in Bakırköy (Istanbul) L Type Prison for Women, was diagnosed lymphatic cancer depending on a swelling in the neck and died because of that illness.

(09/046) The Şerzan Kurt case …

On 11 May 2010 a verbal quarrel between Kurdish students at Muğla University and a racist group turned into a fight. When the police intervened the student Şerzan Kurt (21) was heavily wounded and died in the hospital of the medical faculty at the 9 September University in Izmir on 19 May 2010. Later police officer Gültekin Şahin was detained on charges of having fired the shots on order of the temporary chief of the department to fight terrorism, Deniz Alemdar. On 7 September 2012 Eskişehir Heavy Penal Court continued to hear his case.

At the hearing the court heard for a last time the summing up of the prosecutor and the final arguments of the parties. The imprisoned defendant police officer Gültekin Sahin was sentenced to life imprisonment for a possible intentional killing under Artile 81/1 of the Turkish Penal Code (TPC). The sentence was first commuted according to Article 21/2 TPC to 20 years and then under Article 39/2-c TPC to 10 years and finally under Article 39/1 TPC to 8 years’ imprisonment. Regarding the time that the defendant had spent in prison the defendant was released.

(09/047) The Alaattin Karadağ Case…

In connection with the killing of Alaattin Karadağ, who died in Istanbul-Esenyurt district on 19 November 2009 because of fire police officers shot because he did not listen to “stop” warnings a court case was opened against the police officer Oğuzhan Vural. On 9 September 2012 Bakirkoy Heavy Penal Court 9 continued to hear the case. The court declared that it had abandoned the decision to inspect the crime scene. The court rejected the demand for the arrest of the accused police officer and adjourned the hearing to 3 December 2012.

(09/048) Torture and Ill-treatment in detention…

On 31 August 2012 Serkis Yoğurtçu was detained in Istanbul on the complaint that he exposed his wife to violence. It was alleged that he was beaten in detention and held with handcuffs at his back. When the wife Gülcan Yoğurtçu saw this and wanted to interfere she, too, was allegedly beaten by the police officers.

(09/049) Operations, Attacks in the Southeast…

It was alleged that during the military operation continuing in Şırnak-Beytüşşebap district in the region of Kato Mountain since 2 September 2012 26 militants had been killed until 8 September 2012.

(09/050) Pressure in the Prisons…

On 25 April 2012 Sevda Demir (54) had asked the Mersin branch of the Human Rights Association (HRA) for legal aid since her son Recep Motor (22) imprisoned in Antalya L-type Prison had said to her “mum, we are tortured here every day, one day we may get out here dead”. Now she once again approached the Mersin branch of HRA on 7 September 2012 stating that she had not been allowed to see her son who had got ill.

(09/051) Offer to become police informer…

The teacher Veysel Arslan, staff of the Revolutionary Democratic Trade Union made a statement to the effect that when he went to Sirkeci Police Station to complain that his second mobile phone he had bought in Istanbul turned out to have been stolen he was offered to become an informer of the police.

(09/052) Operations, Attacks in the Southeast…

When on 9 September 2012 a mine exploded near Şırnak-Beytüşşebap district, Mezra town while a military unit passed one soldier was killed.

(09/053) Operations, Attacks in the Southeast…

During a clash that occurred in the rural areas of Hakkâri-Şemdinli district, Ortaklar village in 9 September 2012 two soldiers lost their lives and seven soldiers were injured.

(09/054) Death in Prison…

Muhlis Barut (50), whose green card had been canceled two years ago, when his treatment of liver cancer was continuing had attacked Bayraklı (İzmir) Health Center with a rifle and shot arbitrarily and, therefore, had been sentenced to 16 years, 8 months’ imprisonment. Serving his sentence in Metris (İstanbul) T-type Prison he was taken to Samatya State Hospital when his situation deteriorated and died on 9 September 2012.

(09/055) Trial on killing by unknown assailants in Mardin…

On 9 September 2012 it was learned that a court case had been opened against the commander of the gendarmerie in Ankara region. Musa Çitil relating to 13 killings by unknown perpetrators during his time as commander of the gendarmerie in Derik (Mardin) district, after the indictment of the prosecutor’s office in Mardin had been accepted. In the indictment it was explained that Musa Çitil prepared notes on the killed civilian citizens that the were “terrorists”. In the indictment the killings were listed like this:

ñOn 16 February 1993 Seydoş Çeviren, Ahmet Çeviren, Yusuf Çeviren, Abide Çeviren were killed by the explosion of a bomb planted in the barn and Ramazan Çeviren and Mehmet Nejat Arıs by fire opened on them.

ñOn 4 January 1994 the taxi driver Mustafa Aydın was kidnapped and killed. According to witnesses the vehicle of Mustafa Aydın was seen entering the Command of the Gendarmerie in Derik district and later his corpse was found.

ñOn 6 February 1994 Mehmet Erek, Ramazan Erek and Ahmet Erek died. On 5 February 1994 Mehmet Erek did not come home. One day later shepherds came to the village and said that the found a corpse. Ramazan Erek and Ahmet Erek went to see the corpse with two friends at their side. They entered a street control of the gendamerie and disappeared. The corpse of both of them was found next to Mehmet Erek who had been killed earlier.

ñOn 17 May 1994 Piro Ay was detained in Kelektepe hamlet on allegations that he supported the PKK. Shortly afterwards his corpse was found.

ñOn 12 June 1994 Vecdi Avcıl was detained by soldiers. Shortly afterwards he was buried with three PKK militants in a cemetery for people without relatives. The corpse of Vecdi Avcıl was found there.

ñOn 1 October 1994 Mehmet Faysal was detained during a road check and taken to the command of the gendarmerie in Derik. Later his corpse was found.

On 11 October 2012 the trial against Musa Çitil will continue at Mardin Heavy Penal Court 2.

(09/056) Newspaper and Radio Staff on Trial…

On 6 September 2012 Istanbul Heavy Penal Court 10 continued to hear the case of 26 people charged with being members of the Marxist Leninist Communist Party (MLKP), They had been detained during an operation termed “purpose” on 10 September 2006.

Among the defendants were 15 staff members of Atılım newspaper and the radio station Özgür, who had been released earlier. The other 11 defendants remained in pre-trial detention. The court’s jury had changed and heard the final defense of the defendants and their lawyers again. The court decided to release Sedat Şenoğlu, general broadcast coordination of Atılım newspaper, prolonged the arrest warrants of the remaining 10 defendants and adjourned the hearing to 13 December 2012.

(09/057) Pressure in the Prisons…

Between 27 July 2011 and 6 September 2012 the PKK leader Abdullah Öcalan had not been allowed to meet his lawyers for 406 days. On 6 September 2012 the lawyers from the Law Office of the Century, Mazlum Dinç, Rezan Sarıca, Gülşen Özbek and Selvi Tunç were again not allowed to go to İmralı Island, because the coaster for transport to the hight security prison on İmralı was out of order.

11. September 2012 Daily Human Rights Report

(09/058) Operations, Attacks in the Southeast…

As the result of fire that HPG militants opened on a car that did not stop in Iğdır-Karakoyunlu district on 10 September 2012 three civilians were injured.

(09/059) Operations, Attacks in the Southeast…

In an announcement of the Turkish Armed Force of 10 September 2012 it was alleged that during the air raids in Northern Iraq 5 militants were killed between 5 and 9 September 2012.

(09/060) Explosion in Bitlis…

As the result of an explosion in the Şexcıman region, some 20 kilometers outside Bingöl two children were injured. The reasons for the explosion have not been clarified.

(09/061) Operations, Attacks in the Southeast…

During a clash that occurred in Diyarbakır-Hani district on 10 September 2012 between HPG militants ready to attack the police headquarters and the security force three militants lost their lives.

(09/062) Trial on the massacre in Zirve Publishing house…

On 9 June 2012 it had been learned that the prosecutor in Malatya with special authorities had prepared a new indictment in the case of the killing of Tilman Ekkehart Geske, Necati Aydın and Uğur Yüksel on 18 April 2007 in Zirve publishing house in Malatya because of proselytizing.

The 761 page indictment on 19 defendants including the retired general Hurşit Tolon, former commander of the gendarmerie in Malatya, colonel Mehmet Ülger’in, major Haydar Yeşil and soldiers on duty was sent to Malatya Heavy Penal Court 3 in order to be accepted.

After Maltaya Heavy Penal Court 3 had accepted the indictment on 22 June 2012 the hearing against 26 defendants continued on 10 September 2012.

In the trial on the massacre in Zirve Publishing house with two indictments merged the defendants Emre Günaydın, Abuzer Yıldırım, Cuma Özdemir, Hamit Çeker, Salih Gürler, Varol Bülent Aral, retired Colonel Mehmet Ülger, Major Haydar Yeşil, Ruhi Abat, Murat Göktürk, Abdullah Atılgan, Adil Akçay, Adem Gedik, Levent Ercan Gelegen, Aykut Saka and Hüseyin Yelki participated in the hearing.

General Hurşit Tolon, first defendant in the second indictment and the defendant İlker Çınar did not participate in the hearing.

The court heard the testimony of the lieutenant Murat Göktürk, at the time responsible for the intelligence at the command of the gendarmerie in the province and after six hearings in a row adjourned the hearing to 12 November 2012.

(09/063) Continuing KCK/TM trial 3 in Istanbul…

In the framework of operations under the name of “KCK investigations” police officers from the department to fight terrorism conducted operations in eight provinces searching offices in particular those of the news agency Dicle (DİHA) on 20 December 2011 and detained 49 people, most of them journalists. On 24 December 2011 Istanbul Heavy Penal Court 9 ordered the arrest of 36 of them on charged of being members of an illegal organization.

Of the 49 detainees 44 were indicted and on 27 April 2012 the office of the public prosecutor in Istanbul sent the indictment to Istanbul Heavy Penal Court 15 to be accepted.

On 11 May 2012 Istanbul Heavy Penal Court 15 accepted the 800 page indictment on material in 102 folders that charged 44 people with being leaders and members of an illegal organization. On 10 September 2012 the court started to hear the case.

Like in all other trials as part of the “KCK investigation” the court rejected the demand of the defendants to defend themselves in Kurdish. The court heard the demands on lawyers wanting to intervene and also heard some defendants, announced that intermediate verdicts would be announced on 13 September and adjourned the hearing to 11 September 2012.

(09/064) KCK trial continued in Diyarbakır…

On 10 September 2012 Diyarbakır Heavy Penal Court 5 continued to hear the case of 95 defendants, 47 of them in pre-trial detention charged with being members of the structure KCK/TM.

The court rejected the demand of the 95 defendants charged with membership of an illegal organization to defend themselves in Kurdish and adjourned the hearing.

12. September 2012 Daily Human Rights Report

(09/065) Explosion in Istanbul…

As the result of a suicidal bomb attack of the militant of the Revolutionary People’s Liberation front (DHKC) İbrahim Çuhadar on the 75. Yıl Police Center in Sultangazi district (Istanbul) one police officer and the militant İbrahim Çuhadar died on 11 September 2012; four police officers and two civilians were injured.

(09/066) Operations, Attacks in the Southeast…

During a clash that occurred in Hakkâri-Şemdinli district in the rural area of Zorgeçit village on 12 September 2012 two soldiers were killed.

(09/067) Pressure in the Prisons…

Between 27 July 2011 and 11 September 2012 the PKK leader Abdullah Öcalan had not been allowed to meet his lawyers for 411 days. On 11 September 2012 the lawyers from the Law Office of the Century, Mazlum Dinç, Rezan Sarıca and Hüseyin Boğatekin were again not allowed to go to İmralı Island, because the coaster for transport to the hight security prison on İmralı was out of order.

(09/068) Person on trial…

On 11 September 2012 the trial against Welat Yıldız, member of the Socialist Party of the Oppressed (ESP), who had been detained in front of Diyarbakır Metropolitan Municipality on 15 February 2012 continued. During the hearing held at Diyarbakır Heavy Penal Court 4 on charges of membership of an illegal organization the court heard the testimony of Welat Yıldız and decided to prolong the arrest warrant and to adjourn the hearingt o 4 October 2012.

(09/069) Continuing KCK/TM trial 3 in Istanbul…

In the framework of operations under the name of “KCK investigations” police officers from the department to fight terrorism conducted operations in eight provinces searching offices in particular those of the news agency Dicle (DİHA) on 20 December 2011 and detained 49 people, most of them journalists. On 24 December 2011 Istanbul Heavy Penal Court 9 ordered the arrest of 36 of them on charged of being members of an illegal organization. Of the 49 detainees 44 were indicted and on 27 April 2012 the office of the public prosecutor in Istanbul sent the indictment to Istanbul Heavy Penal Court 15 to be accepted. On 11 May 2012 Istanbul Heavy Penal Court 15 accepted the 800 page indictment on material in 102 folders that charged 44 people with being leaders and members of an illegal organization.

On 11 September 2012 the court continued to hear the case. The court took the demands of the defence lawyers and adjourned the hearing to be held without spectators to 12 September 2012.

(09/070) Attack on demonstration in Diyarbakır…

Police teams interfered when on 11 September 2012 demonstrators held a march in Diyarbakır before they departed to Ankara where on 15 September 2012 a meeting is planned against the new educational system. Six trade unionists were detained.

(09/071) Attack on building of trade union…

Unidentified people entered the building of the Mersin branch of the teachers’ trade union Eğitim-Sen on 10 September 2012 and damaged the furniture inside.

(09/072) Attack on building of a political party…

On 11 September 2012 a racist group attacked the building of the Peace and Democracy Party (BDP) in Istanbul-Sultangazi district. The group waited in front of the building for some time, sang marches and shouted slogans.

(09/073) House raids in Diyarbakır…

Following a clash in Diyarbakır-Hani district on 10 September 2012 that resulted in the death of three militants 10 people were detained during house raids.

(09/074) House raids in Mersin…

In Mersin police teams of the department to fight terrorism conducted parallel house raids on 10 September 2012 and detained 18 people, 11 of them minors for having participated in various actions and demonstrations.

13. September 2012 Daily Human Rights Report

(09/075) Continuing KCK/TM trial 3 in Istanbul…

In the framework of operations under the name of “KCK investigations” police officers from the department to fight terrorism conducted operations in eight provinces searching offices in particular those of the news agency Dicle (DİHA) on 20 December 2011 and detained 49 people, most of them journalists. On 24 December 2011 Istanbul Heavy Penal Court 9 ordered the arrest of 36 of them on charged of being members of an illegal organization. Of the 49 detainees 44 were indicted and on 27 April 2012 the office of the public prosecutor in Istanbul sent the indictment to Istanbul Heavy Penal Court 15 to be accepted. On 11 May 2012 Istanbul Heavy Penal Court 15 accepted the 800 page indictment on material in 102 folders that charged 44 people with being leaders and members of an illegal organization.

On 12 September 2012 the court continued to hear the case. The court took the demands of the defence lawyers and adjourned the hearing to be held in the courtroom on the campus of Silivri Prison on 12 November 2012.

(09/076) Explosion in Bingöl…

On 12 September 2012 two brothers went to graze animals in Bingöl-Yayladere Seter village and found an object that exploded when they played with it. In the explosion Ramazan Kızılgöz (14) died and Ceylan Kızılgöz (11) was injured.

(09/077) Intervention in a demonstration in Eskişehir…

On 12 September 2012 the police in Eskişehir intervened with pepper gas, when students of the preparatory class whose education had been prolonged after unsuccessful examinations conducted a sit-in in front of the Rectorate of Anadolu University. During the intervention a private security officer hit Tarık Sabra with his truncheon so that he had to be taken to hospital.

(09/078) Attack on demonstration in Bursa…

In Bursa police teams intervened when on 12 September 2012 members of the People’s House wanted to conduct a protest against the new educational system in front of the province’s national education directory and detained 14 people.

(09/079) KCK trial continued in Diyarbakır…

On 12 September 2012 Diyarbakır Heavy Penal Court 5 continued to hear the case of 95 defendants, 47 of them in pre-trial detention charged with being members of the structure KCK/TM.

The court rejected the demand of the 95 defendants charged with membership of an illegal organization to defend themselves in Kurdish and after completion of the testimonies decided to release the pre-trial detainees Evran Demir, Ömer Gürcü, Ali Ayna and Yüksel Barut and adjourned the hearing to 3 December 2012.

14. September 2012 Daily Human Rights Report

(09/080) KCK Operation in Bingöl Province…

Thirty-three people including the Karlıova Vice Mayor Selim Yıldırım were detained in synchronised home raids of the Fighting with Terrorism Department teams in the framework of the KCK investigation in Karlıova District of Bingöl Province on 13 September 2012.

(09/081) Indictment against journalist…

An Istanbul prosecutor has demanded journalist Ahmet Şık serve between three and seven years in jail for “insulting” and “threatening” state officials during a speech following his release pending trial in the OdaTV case, Doğan news agency has reported.

The indictment, which followed an investigation by Silivri prosecutor Necip Doğan, has demanded that the journalist be sent back to prison for the statement he made upon his release.

As he was being released from prison after nearly a year in jail, Şık said justice would only be served when the ones who were responsible for putting him in prison were sent to prison themselves.

“The police, prosecutors and judges who set up and carried out this conspiracy will enter this prison. Justice will come when they enter here. Those men connected to religious communities and gangs will enter here,” Şık said March 12 in relation to the moves to arrest journalists and students in Turkey.

The case regarding OdaTV, an online news portal known for its fierce criticism of government policies, began after the police conducted a search of the website’s offices in February last year as part of the ongoing Ergenekon investigation. Ergenekon is an alleged ultranationalist gang accused of plotting to overthrow the government by fomenting chaos in society.

Silivri Penal Court of First Instance No. 2 began to hear the case against Ahmet Şık on 13 September 2012. The court heard the legal argument of Ahmet Şık and adjudicated to hear the 39 judges and prosecutors who were mentioned in the indictment as “victims” and adjourned the hearing to 4 December 2012.

(09/082) Conscientious objector arrested…

Conscientious objector İnan Suver, 21 April 2012 who had been convicted to five months of imprisonment on the grounds that he run away from Saruhanlı (Manisa) Open Prison was detained in an ID check in İstanbul Province on 12 September 2012 and arrested on 13 September 2012.

(09/083) Operations and clashes in South-east…

Infantry Specialised Sergeant Ferhat Kaplangiray who had been wounded in the clash in Geniştepe Region of Şemdinli District of Hakkâri Province on 12 September 2012, lost his life in hospital in Van Province.

(09/084) Intervention to the protest Tunceli Province…

Gendarmerie teams interfered to the group that was marching to support the activist in Peri Village of Tunceli Province against the Hydroelectric Power Station on 13 September 2012 and detained 6 people. On 12 September 2012 gendarmerie soldiers had detained three others.

(09/085) Ongoing KCK/TM Case in İzmir Province…

İzmir Heavy Penal Court No. 8 went on hearing the case against 76 people -28 of the pre-trial detainees-who had been tried in connection with the BDP’s Academia of Politics on charges of “training or trained on behalf of the illegal organisation” and “making propaganda of an illegal organisation” under Article 7/2 of Fighting with Terrorism Law on 12 September 2012.

The court released 10 pre-trial detainees after hearing the legal argument of the prosecutor. The hearing was adjourned to 30 November 2012.

(09/086) Intervention to the worker’s action in Ankara Province…

Police teams interfered Cansel Malatyalı who has been conducting a sit-in strike in front of the General Centre of the Civil Engineers Chamber (İMO) in Ankara Province in last 207 days on 13 September 2012 and detained three people including Cansel Malatyalı.

(09/087) Operations and clashes in South-east…

HPG militants raided on a quarry of a private firm and kidnapped two persons in Çaldıran District of Van Province on 13 September 2012.

(09/088) Operations and clashes in South-east…

Police officer Mahmut Kayan who had been wounded during an ID check in Viranşehir District of Şanlıurfa Province on 2 September 2012 died in the hospital in Ankara Province on 13 September 2012.

(09/089) Ongoing 3rd KCK/TM Main Case İstanbul Province…

Thirty-six out of the 49 journalists who had been detained in the raids on the offices of the Dicle Haber Ajansı/News Agency (DİHA) in 8 provinces in the framework of the KCK investigation on 20 December 2011 had been arrested on charges of “being a member of an illegal organisation” by İstanbul Heavy Penal Court No. 9 on 24 December 2011.

The 800-page indictment against 44 defendants on charges of “being a member and an executive of an illegal organisation” under Article 314 of TPC was accepted on 11 May 2012 by İstanbul Heavy Penal Court No. 15 and the first hearing was held on 10 September 2012. İstanbul Heavy Penal Court No. 15 evaluated the demands for the release of the pre-trial detainees and adjudicated to release Çağdaş Ulus, Vatan Newspaper’s reporter, and Cihat Ablay, a worker of Fırat Distribution firms.

(09/090) Operations and clashes in South-east…

Two militants were killed in the clash between Turkish Armed Forces and Kurdistan Workers’ Party’s (PKK) armed wing People’s Defence Forces (HPG) in Geniştepe Region of Şemdinli District of Hakkâri Province on 12 September 2012.

(09/091) Tried lawyers…

On 13 September 2012 Adana Heavy Penal Court No. 8 went on hearing the case against two lawyers -Tugay Bek and Sevil Aracı Bek- in connection with the activities in the process of the general elections on 12 June 2011 on charges of “making propaganda of an illegal organisation” under Article 7/2 of Anti-Terror Law and “committing crimes on behalf of illegal organisation”. The court adjourned the hearing to 11 December 2012 after taking the legal argument of the defendants.

15.-17. September 2012 Daily Human Rights Report

(09/092) Operations and clashes in South-east…

Four private security officers were wounded in the attack on the private oil exploration site Mava Mountain region in Gercüş District of Batman Province on 15 September 2012.

(09/093) Operations and clashes in South-east…

Ten militants were killed and six soldiers and three civilians were wounded in tha attack on Şemdinli District of Hakkâri Province on Güzelkonak Gendarmerie Headquarters on 14 September 2012.

A temporary village guard was killed and 2 temporary village guards and a civilian were wounded in the synchronised attacks on Şapatan Gendarmerie Headquarters and Durak Infantry Squadron Command Office.

(09/094) Operations and clashes in South-east…

Four soldiers were killed and 5 soldiers were wounded in the explosion of a mine in the vicinity of Oğul Village of Çukurca District of Hakkâri Province on 15 September 2012.

(09/095) Operations and clashes in South-east…

On 14 September 2012 a soldier was wounded in the attack on TepeKöy Gendarmerie Headquarters in Lice District of Diyarbakır Province.

(09/096) Operations and clashes in South-east…

Two militants were killed 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 Diyadin District of Ağrı Province on 15 September 2012.

(09/097) Operations and clashes in South-east…

Eight police officers were killed, 10 police officers were wounded in the explosion of the bomb as the vehicle that had been carrying riot police officers was passing by in the vicinity of Hacılar Village of Karlıova District of Bingöl Province on 16 September 2012. Three people were detained after the explosion.

(09/099) Wounding with random firing in Diyarbakır Province…

Tunahan Dura was seriously wounded with the police fire as he was travelling with a bus in Çarıklı Municipality of Diyarbakır Province on 14 September 2012. Police officer was allegedly fire to the sky to dismiss the fighting groups in front of the Traffic Control Station Directorate.

(09/100) Excessive use of force by law enforcement officers…

Eylem Aktaş lost 80% of her sight after she was hit with a baton by a police officer during the meeting in Ankara Province on 15 September 2012. Police had interfered the members of the Socialist Democracy Party (SDP) on the grounds that they objected to be searched before the meeting.

(09/101) Intervention to the group and torture and ill-treatment in detention in İstanbul Province…

Police teams interfered to the group that has been waiting to get the corpse of İbrahim Çuhadar who allegedly conducted a suicide bomb attack on 75. Yıl Police Centre in Sultangazi District of İstanbul Province on 11 September 2012, in front of the Forensic Medicine Institute in Yenibosna District of Istanbul Province on 14 September 2012 and detained 27 people.

Selma Altın, a member of the music group Grup Yorum was beaten and her right eardrum was reportedly torn.

(09/102) Detentions and arrests…

A.Ş. (25) who had been detained in an ID check in Antalya Province on 14 September 2012 was arrested on charges of “being a member of an illegal organisation” the same day.

(09/103) Home raids in Şırnak Province…

Four out of the 6 detainees who had been detained in home raids of Fighting with Terror Department in İdil District of Şırnak Province on 13 September 2012 were arrested on charges of “participating in various actions and resisting to the officer on duty” on 15 September 2912.

(09/104) KCK Operation in Bingöl Province…

Thirty-three people including the Karlıova Vice Mayor Selim Yıldırım had been detained in synchronised home raids of the Fighting with Terrorism Department teams in the framework of the KCK investigation in Karlıova District of Bingöl Province on 13 September 2012. Nine detainees were arrested on charges of “being a member of an illegal organisation” under Article 314 of TPC and “helping and harbouring an illegal organisation” under Article 220/7 on 16 September 2012.

(09/105) Tried journalists…

Istanbul Heavy Penal Court No. 16 in Çağlayan district ruled to release daily Vatan reporter Çağdaş Ulus and Cihat Ablay, an employee of the Fırat Distribution Company, through a unanimous vote in the ongoing Kurdistan Communities Union (KCK) trial on Thursday, reducing the total number of journalists arrested in the probe down to 34.

A total of 44 suspects are currently standing trial in the KCK press case.

The court issued its verdict in light of the probability that the classification of the offense in question could change, according to reports.

The names of the other journalists who are currently under arrest within the scope of the ongoing KCK case go as follows: Oktay Candemir, Fatma Koçak, Kenan Kırkaya, Çağdaş Kaplan, Ertuş Bozkurt, Sadık Topoloğlu, Semiha Alankuş, Nilgün Yıldız, Mazlum Özdemir, Pervin Yerlikaya, Ramazan Pekgöz, Zuhal Tekiner, Ömer Çelik from the Dicle news agency (DİHA;) Turabi Kişin, Hüseyin Deniz, Dilek Demiral, Nevin Erdenur, Nurettin Fırat, Ayşe Oymaz, Yüksel Genç, Sibel Güler, Ziya Çiçekçi, Davut Uçar from the Özgür Gündem; Selahattin Aslan, Saffet Orman, Nahide Ermiş, Ömer Çiftçi from the Demokratik Modernite; M. Emin Yıldırım from the Kurdish daily Azadiya Welat; Çiğdem Aslan, Haydar Tekin, Şeyhmus Fidan, İrfan Bilgi from the Fırat Distribution Company; İsmail Yıldız from the Kurdish news agency ANF and Zeynep Kuray from the daily BirGün.

Meanwhile, Istanbul Heavy Penal Court No. 16 in Çağlayan also decided to release journalists Barış Terkoğlu and Barış Pehlivan in the OdaTV trial on Friday despite the prosecutor’s request to keep them in jail.

The court ruled to continue the arrests of Yalçın Küçük, Soner Yalçın and former police chief Hanefi Avcı, however.

Some 13 suspects are standing trial in the OdaTV case, five of them arrested pending trial.

Prosecutor Adnan Çimen argued that the expert report that had arrived from the Scientific and Technological Research Council of Turkey (TÜBİTAK) bore self-contradictory statements and thus demanded the continued arrest of the suspects until the arrival of a new report. The court decided to release the two suspects pending trial in view of the length of time they had already spent behind bars, however, and requested a new report from TÜBİTAK within 20 days.

The court then adjourned the trial for Nov. 16.

Journalists Nedim Şener, Ahmet Şık, Doğan Yurdakul and Müyesser Yıldız, who are standing trial without arrest, as well as Sait Çakır, İklim Ayfer Kaleli, Ahmet Mümtaz İdil and Coşkun Musluk also attended Friday’s hearing.

A group of journalists including Şener, Şık, Yurdakul and Yıldız also gathered before the courthouse prior to the hearing to protest the continued imprisonment of their colleagues.

Opposition People’s Republican Party (CHP) deputies Bülent Tezcan, Oktay Ekşi, Haluk Eyidoğan and Celal Dinçer, as well as journalists Ahmet Hakan, Uğur Dündar, Orhan Bursalı, Ayşenur Arslan and artists Orhan Alkaya and Tarık Akan were also present in the protest meeting. “It was not Prosecutor Cihan Kansız but the police who penned this indictment. We have committed no offense. We are only defending this republic, and that is why you [have arrested us,] but we are satisfied nonetheless,” suspect Yalçın Küçük said in the trial.

“The authors of TÜBİTAK’s [expert] report will fall into shame. The report is of such quality that it would embarrass the court delegation, too. Were you aware that such a report was in the works when you decided to release Ms. Müyesser [Yıldız?]” he asked. “I stood trial in Mamak, Silivri and the DGM (now-defunct State Security Courts.) Thank goodness, I have served time in all prisons. I hereby exonerate you. I believe the decision to arrest a particular person at a particular time will be an act of central planning, while you think you will be the ones to call the shots,” Küçük added.

Barış Pehlivan then took the floor and stressed the fact that he had remained in isolation for hundreds of days as his arrest entered its 20th month. “I am no terrorist; I am a journalist. It is journalism that is standing trial in this case,” he said.

“You said that there was still a strong suspicion of criminal offense in view of TÜBİTAK’s report, but I will prove to you the existence of a strong suspicion of [innocence.] The report states that the files were downloaded onto the computers through malicious software. We had said it for a reason that those who took us under custody knew what would come out of our computers. The people who downloaded those files via malicious software also engaged in social engineering attacks against the three computers,” Pehlivan said.

Suspect Avcı also spoke about the fabrication of digital evidence and claimed the police was already aware from the beginning that the e-mails in question were infected with viruses.

“I once more call upon you to review this indictment. Is this the place to try all these news reports and writings? Does it suit the gravity of the position of a judge to ask how someone wrote this [piece] or sent that e-mail?” Does this befit the seriousness of the duties of these courts?” journalist Barış Terkoğlu then said.

“Your honour; I expect no special favours. I demand my right. Explain to me why you have kept me under arrest for two years. Write down why you are going to keep me in prison after this. Tell me what crime I have committed. Do not hold back to explain which part of this report that you had been waiting for seven months provides the reason [for my arrest.] Let us not drag this game any further. Hand down your decree,” he added.

(09/106) Detentions and arrests…

Gıyasettin Kırtan and Ömer Koç who had been detained in an ID check in Muş Province on 15 September 2012 were arrested on charges of “being a member of an illegal organisation” the same day.

(09/107) Convicted person…

On 13 September 2012 Van Penal Court of Peace No. 1 sentenced Fadıl Barıştıran, İbrahim Ete and Burhan Borak to 12 months of imprisonment each in connection with their speeches in a meeting in Van Province in 2009 on charges of “praising crime and criminal” under the Article of 215/1 of TPC

(09/108) Attack on party building…

A group attacked on the office of Peace and Democracy Party’s (BDP) Bingöl Province Branch and broke the windows after the bomb attack on the police shuttle in Karlıova District of Bingöl Province on n 16 September 2012. Eight police officers were killed and 10 others were wounded in the attack.

18. September 2012 Daily Human Rights Report

(09/109) Detentions and arrests…

Four people who claimed to set the construction vehicles of the Hydroelectric Power Station on fire in Karaçam Municipality of Çaykara District of Trabzon Province on 15 September 2012 were arrested on 17 September 2012.

(09/110) Tried persons in connection with Hopa incidents…

On 17 September 2012 Hopa Penal Court of First Instance began to hear the case against the 51 defendants in connection with the Hopa Incidents that sparkled with the meeting of Recep Tayyip Erdoğan before the general elections on 12 June 2011 in Hopa District of Artvin Province on 30 May 2012 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations”, “harming public goods” and “resisting officers on duty”. This is the fourth case on the incidents. After hearing the indictment the court adjudicated to merge the case with the recently launched one and adjourned the hearing to 14 January 2013.

(09/111) Intervention to the protest in Ankara Province…

Six members of the League of the High School students/Liseli Öğrenci Birliği (LÖB) were detained with excessive use of force as they were protesting the new education system in front of the Ministry of National Education in Ankara Province on 17 September 2012.

(09/112) Ongoing torture and ill-treatment in detention case…

Sami Tunca, Ezgi Keser, Özge Keser ve Esra Göner had been detained and tortured in Yenidoğan Polis Station in Sacaktepe District of İstanbul Province on 26 June 2011.

On 18 September 2012 it is reported that a case was launched against the torture victims on charges of “resisting police officers on duty”. In the same indictment two police officers Ö.T. and R.O. were charged with “simple wounding”. Kartal Penal Court of First Instance No. 8 will hear the case.

(09/113) Confiscated journal…

Weekly Bağımsızlık, Demokrasi ve Sosyalizm için Yürüyüş Magazine’s issue dated on 16 September 2012 and No. 330 was confiscated on charges of “praising crime and criminal” under the Article of 215/1 of TPC on 17 September 2012. Two people selling the magazine in Hatay Province were detained.

(09/114) Confiscated newspaper…

Weekly Sosyalizm için Kızılbayrak Newspaper’s issue dated on 14 September 2012 and No. 37 was confiscated on charges of “making propaganda of an illegal organisation” under Article 7/2 of Anti-Terror Law and “praising crime and criminal” under the Article of 215/1 of TPC on 17 September 2012.

(09/115) Tried juvenile…

It is reported on 17 September 2012 that Diyarbakır Heavy Penal Court for Juveniles No. 1 will going to hear the case against M.Y. (14) in connection with throwing Molotov Cocktails to the support House for Women affiliated to Bağlar Governorate in Diyarbakır Province on 25 April 2012 on charges of “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC and “harming public goods”.

19. September 2012 Daily Human Rights Report

(09/116) Operations and clashes in the Southeast…

10 soldiers were killed, 70 soldiers were wounded in the attack on the army convoy on the road between Bingöl and Muş on 18 September 2012.

(09/117) Operations and clashes in the Southeast…

A civilian was killed and 2 others were wounded by HPG militants on the grounds that the car did not stop in Hani District of Diyarbakır Province on 18 September 2012.

(09/118) The murder of Hrant Dink Case…

On 18 September 2012 the case against Ogün Samast, whose case had been separated due to changes in the Law to Fight Terrorism in 2010, because at the time when Hrant Dink was killed on 19 January 2007 he had been under 18 years of age. He is being tried for membership of an illegal organization and committing a murder as a member. Ogün Samast did not participate in the hearing at Istanbul Juveniles Penal Court 2. The court decided to wait for the verdict of the 9th Chamber of the Court of Cassation that had ruled that the defendants including Yasin Hayal and Erhan Tuncel tried at Istanbul Heavy Penal Court 14 should be acquitted from charges of membership of an illegal organisation for lack of evidence becomes legally binding.

(09/119) Intervention to the group and torture and ill-treatment in detention in İstanbul Province…

Police teams interfered to the group that has been waiting to get the corpse of İbrahim Çuhadar who allegedly conducted a suicide bomb attack on 75. Yıl Police Centre in Sultangazi District of İstanbul Province on 11 September 2012, in front of the Forensic Medicine Institute in Yenibosna District of Istanbul Province on 14 September 2012 and detained 27 people. Selma Altın, a member of the music group Grup Yorum was beaten and her right eardrum was reportedly torn and fiddler Ezgi Dilan Balcı was wounded from her lower extremities. Eight of the detainees were arrested on charges of “making propaganda of an illegal organisation” on 18 September 2012 and 9 others were banned from leaving their household.

(09/120) Excessive use of force by law enforcement officers…

On 18 September 2012 Ramazan Ayaz applied to the İnsan Hakları Derneği/Human Rights Association’s (IHD) Bingöl Branch office and stated that he, his son and two shepherds who have been working for him were beaten by the army unit as they were pastoring their herd in the vicinity of Aynik Village of Karlıova District of Bingöl Province on 16 September 2012. They were taken to the Kalencik Gendarmerie Headquarters and released after they were interrogated (İHD).

(09/121) Coercion in prison…

Lawyers of the Century’s Law Bureau Mazlum Dinç, Rezan Sarıca and Hüseyin Boğatekin were not allowed to visit their clients Abdullah Öcalan in İmralı F Type Closed Prison on 18 September 2012 on the grounds that the ship that would carry them to the island is out of order.

(09/122) Convicted deputy…

On 18 September 2012 İstanbul Heavy Penal Court No. 10 sentenced Peace and Democracy Party’s (BDP) İstanbul Deputy Sebahat Tuncel to 8 years and 9 months of imprisonment on charges of “being a member of an illegal organisation” under Article 314 of TPC. The court also bans her to leave the country.

(09/123) Tried persons…

On 18 September 2012 Diyarbakır Heavy Penal Court No. 5 went on hearing the case against 11 defendants in connection with the meeting in Bingöl Province on charges of “making propaganda of an illegal organisation” under Article 7/2 of Anti-Terror Law. The witness Cemal Bilgin whose account was the base of the case, stated that he did not know the 11 defendants. The court adjourned the hearing to 6 December 2012.

(09/124) Tried persons in connection with Hopa incidents…

On 18 September 2012 it is reported that fifth case were launched in Hopa Penal Court of First Instance in connection with the Hopa Incidents that sparkled with the meeting of Recep Tayyip Erdoğan before the general elections on 12 June 2011 in Hopa District of Artvin Province on 30 May 2012 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations”, “harming public goods” and “resisting officers on duty”. Hopa Penal Court of First Instance accepted the indictment against the three juveniles at the time of the incident R.A. (19), B.K. (18), Y.A. (18) as “the court for juveniles”.

(09/125) Ongoing KCK Case in Muş Province…

On 18 September 2012 Van Heavy Penal Court No. 3 began to hear the case against Bulanık Vice Mayor Ali Topçu, Varto Municipality’s Executive Assistant and DİHA reporter Murat Aydın, Malazgirt BDP’s District Branch Chairperson Takyettin Özkahraman and Malazgirt Vice Mayor Fahri Atalay on charges of “being a member of an illegal organisation” under Article 314 of TPC. The defendants had been arrested in KCK operation in Bulanık and Varo Districts of Muş Province on 20 October 2011. The court released Murat Aydın and Ali Topçu after hearing the legal arguments of the defendants and adjourned the hearing to 27 November 2012.

(09/126) Home raids in Şırnak Province…

Nine people -4 of them juveniles- were detained in synchronised home raids of the Fighting with Terrorism Department teams on the grounds that they had “resisted law-enforcement by participating various actions” in Cizre District of Şırnak Province on 19 September 2012.

(09/127) KCK Operation in İstanbul Province…

Sixteen people were detained in synchronised home raids of the Fighting with Terrorism Department teams in the framework of the KCK investigation in İstanbul Province on 18 September 2012.

20. September 2012 Daily Human Rights Report

(09/128) Armed attack in Tunceli Province…

Chief Public Prosecutor Murat Uzun was seriously wounded after he was shot from his head in Ovacık District of Tunceli Province on 19 September 2012. Two HPG militants were allegedly conducted the attack and 4 people were detained after the attack.

(09/129) Operations and clashes in South-east…

A worker was killed in the clash between temporary village guards and HPG militants after the HPG attack on the construction site in Karakent Village of Doğubayazıt District of Ağrı Province on 18 September 2012.

(09/130) Convicted person…

On 18 September 2012 Diyarbakır Heavy Penal Court No. 7 sentenced Şahin Bulut to 5 years, 2 months and 15 days of imprisonment in connection with writing slogans on the walls in Bingöl Province in 2011 on charges of “committing offence on behalf of an organisation although he is not a member” under Article 220/6 of TPC

(09/131) Attack on party building…

Unidentified people attacked on the Peace and Democracy Party’s (BDP) District Branch office with stones and caused material damage in Eyüp District of İstanbul Province on 18 September 2012.

21. September 2012 Daily Human Rights Report

(09/132) Armed attack in Tunceli Province…

Chief Public Prosecutor Murat Uzun who had been seriously wounded after he was shot from his head in Ovacık District of Tunceli Province on 19 September 2012 died in the hospital in Elazığ Province on 20 September 2012. HPG undertook the responsibility of the attack on 20 September 2012.

(09/133) Death in detention…

Hasan Latif Kaplan (35) who had been detained on 19 September 2012 and taken to Bağcılar Security Bureau Directorate was allegedly committed suicide by hanging himself with his belt in the meeting room for lawyers in Bağcılar District of İstanbul Province on 20 September 2012.

Hasan Latif Kaplan’s father Mustafa Kaplan stated that he does not believe the allegations because there is not a mark of belt in his neck and there is and a CCTV in the room. He also stated that he will make official complaint.

(09/134) Operations and clashes in South-east…

A soldier was killed and 2 others were wounded in the attack on the army unit making road check in the vicinity of Karakütük Village of Hasköy District of Muş Province on 20 September 2012.

(09/135) Operations and clashes in South-east…

Three temporary village guards who had been abducted from Aşağı Ölekli Village of Bitlis Province on 8 September 2012 were released 20 September 2012.

(09/136) Operations and clashes in South-east…

Şırnak Governorate announced that four militants were killed in the clash between Turkish Armed Forces and Kurdistan Workers’ Party’s (PKK) armed wing People’s Defence Forces (HPG) in Beytüşşebap District of Şırnak Province on 19 September 2012.

(09/137) Operations and clashes in South-east…

A temporary village guard was killed and another one was wounded in the clash in the vicinity of Çiçekdere Village of Bingöl Province on 21 September 2012.

(09/138) Excessive use of force by law enforcement officers…

Two police officers beat Abdulselam Turşanak the director of Tatvan Religious Vocational High School in the dschool in Tatvan District of Bitlis Province on 18 September 2012.

Abdulselam Turşanak was allegedly beaten on the grounds that he warned one of the teachers who was the wife of the police officer M.A.

(09/139) Fire in prison…

Fire was started from allegedly the cattle in the unit of Tuncay Özkan who has been in solitary confinement in Silivri (İstanbul) Prison from Ergenekon Case on 19 September 2012. Tuncay Özkan extinguished the fire by his own efforts but the cattle and refrigerator became dysfunction.

(09/140) Fire in prison…

Twelve prisoners and a guardian were effected from the smoke of fire that was set by Volkan Aydın (33) to protest the transfer of him to another unit Ardahan B Type Prison on 20 September 2012.

(09/141) Şanlıurfa’da Home raids in Province…

Suruç former Deputy Mayor Mehmet Özkan, Vice Mayor Süleyman Yearsdız, editor-in-chief Ali Yavuz, Financial Director Ahmet Vural, Financial Vice Director Mehmet Yavuz, Technical Affairs Director Yüksel Tekin Alp, Reşit Aslan, İlhan Kızmaz and Ferhan Bulut, a worker in the municipality were detained in home raids of the Fighting with Terrorism Department teams in Suruç District of Şanlıurfa Province on 20 September 2012.

(09/142) Attack on party building…

Unidentified people set fire to the Peace and Democracy Party’s (BDP) Ovakışla Municipality Branch office in Ahlat District of Bitlis Province on 20 September 2012.

(09/143) Convicted reporter…

On 20 September 2012 Patnos Penal Court of First Instance No. 2 sentenced Veysel Şimşek, Hamit Duman and Nevzat Tedik to1 year 6 months of imprisonment each in connection with the visit of the Peace Group to Patnos District of Ağrı Province in 2009 on charges of “opposing to the Law No. 2911 on Meetings and Demonstrations”.

Dicle News Agency’s (DİHA) reporter Veysel Şimşekwas following the group to report and BDP General Centre’s staffs Hamit Duman and Nevzat Tedik met them in the district.

(09/144) Tried persons…

On 18 September 2012 İstanbul Heavy Penal Court No. 16 began to hear the case against 4 members of the Democratic Patriotic Youth (DYG) who had been detained on charges of “being a member of an illegal organisation” in Ümraniye District of İstanbul Province on 7 December 2011. The court released the pre-trial detainee Selim Öner and adjudicated to prolong the detention period for defendants Utku Üstün, Ferat Başkan and Ercan Çetin.

(09/145) Finalised KCK Case…

Twelve Patriotic Democratic Youth Assembly members had been detained in the framework of KCK investigation in Malatya Province on 26 May 2010 and 11 of them eventually had been arrested.

On 20 September 2012 Malatya Heavy Penal Court No. 3 sentenced Umut Çamlıbel to 18 years of imprisonment; Fırat Bulut, İdris Bingöl, Veysi Bahçıvan, Abuzer Kaplan, Mukaddes Çelik and Ozan Kiram to 9 years of imprisonment each; İlyas İsen, Elif Mutlu, Suat Baş and Güler Ateş to 7 years 5 months of imprisonment 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 Anti-Terror Law. F.K. was acquitted in the hearing.

(09/146) Intervention to the protest in İstanbul Province…

Four female members of the Socialist Democracy Party (SDP) who had been protesting recent increase in the mass transport prices Mecidiyeköy Metrobus Station were detained by police officers in İstanbul Province on 20 September 2012.