Vladimir wrote:Turgut Ozal didn't want unification. He believed in the Turkish islamic synthesis. That would also mean assimilation for Kurds. We will never know, what he really would have done, since he is dead.
Turkey's Kurdish Policy in the Nineties
by Eric Avebury Parliamentary Human Rights Group Chairman
This paper was presented at the Middle East Studies Association in Washington, DC
December 1995
When the Ottoman Empire finally disintegrated, following the allied victory in the war of 1914-18, and the birth of Armenian and Kurdish states appeared at first to be inevitable, Ataturk's response was to create a nation state based on the unity of the Turkish-speaking Muslim peoples and to leave unresolved the question of non-Turkish minorities such as the Kurds, Chechens, Laz and Abkhazians1. The territories not under the occupation of enemy forces when the Armistice of Mudros was concluded on October 30, 1918, and which were inhabited by 'an Ottoman Moslem majority, united in religion, in race and in aim', were said to form a whole which did not admit of division for any reason, though in the case of the three Kurdish Sandjaks 'which united themselves by a general vote to the mother country', there was a vague suggestion of a plebiscite in the National Pact's reference to a free popular vote 'if necessary'2.
Britain's adherence to the Wilsonian principle of self-determination, always half-hearted, evaporated altogether when friendly relations with Turkey became a prime object of policy. London was prepared to keep lines of communication open with Kurdish revolutionaries in Anatolia, and a proposal to supply them with arms was considered and rejected in November 1921. But these were thought of purely as means of securing the Vilayet of Mosul for Britain's new puppet Iraq in the dispute with Turkey over the boundary with Iraq, which dragged on until the Treaty of Baghdad in June 19263.
The references to minorities in the Treaty of Lausanne were entirely concerned with non-Moslems, although Article 39 appeared to give all linguistic minorities, including the Moslem ones, the right to use their own language in commerce, religion, the press and publications, and at public meetings4. The suppression of these rights, and the rabidly centralist nationalism which has distinguished the Kemalist ideology of the Turkish state for the 70 years of its existence, gave rise to the 'Kurdish problem' of today.
It has been observed that 1990 was a watershed in the relations between the Turkish state and the Kurdish population of the southeast. The armed struggle between the state and the Partiya Karkeren Kurdistan (Kurdistan Workers' Party, PKK) had been launched in 1984 and had already resulted in a death toll, according to the official figures, of between 1,500 and 2,000, though some put the number at more than 2,0005. In 1990 there was a further increase in the intensity of the conflict and there was a simultaneous rise in the numbers of non-combatants prepared to take to the streets and protest about the government's policies6. For the first time in the history of successive Kurdish risings since the Kemalist state was founded in 1923, the guerrillas could rely on the physical and moral support of a very large but loose mass movement.
After the election as President in November 1989 of Turgut Ozal and his appointment of Yildirim Akbulut as prime minister, on March 28, 1990 the National Security Council decided to launch a ...major military and psychological crackdown on Kurdish separatists. "We have decided to answer guns with guns," Akbulut said after a seven hour meeting. Reinforcing the military operations, the NSC announced on April 13 that new restrictions would be placed on the reporting of the conflict in the southeast; that all news reports would have to be "coordinated" with the Interior Ministry, and publishers would be liable to fines of up to 100 million Turkish Lira (about US $40k) and immediate closure on conviction of printing any material considered to "pose a threat to the rule of law"; that the Southeast Governor would have the power to send any person living in the region into internal exile elsewhere in the country if his or her presence was deemed a threat to public order, and that local officials were to have power to ban strikes or shop closures.
The restrictions on publication, imposed by Decree 413 of April 9, 1990, introduced a new dimension to press control. The pro-Kurdish weekly magazine 2000'e Dogru (Towards 2000), which had previously suffered confiscation of 22 issues, was ordered to cease publication altogether, as was Halk Gercegi (Truth of the People). Both papers covered Kurdish themes. The editor of Gunes dissolved his Kurdish news section following the decree, saying that he did not want the paper to be closed7 . The editors of two other publications, Eylem and Teori, said they too were unable to continue because the police threatened their printers with prosecution and sealing of their presses8. The first shots had been fired in a new war against the Kurdish and socialist press, which was to escalate into a barrage of murders of journalists, arson, judicial persecution and confiscations.
The government of the Motherland Party (Anavatan Partisi, ANAP) had been losing its grip, with severe losses in the local elections of March 1989, and the resignation of Mesut Yilmaz, the long-serving Foreign Minister, on February 20, a move widely interpreted as distancing himself from an unpopular administration. ANAP had decided to adopt an even tougher policy in the southeast, in spite of the manifest failure of the military option over the previous six years. They were looking for the support of the country's armed forces, and appealing to the nationalist elements of the electorate. The impact of the decisions was seen almost immediately in the region with even more indiscriminate security operations leading to immense human rights violations everywhere.
In the spring of 1990 also, the Peoples Labour Party (Halkin Emek Partisi, HEP) was formed as the vehicle for pursuing Kurdish aspirations through constitutional means, thus setting the pattern which was to be followed over the next five years, of legitimate political activity and armed opposition, having similar goals, being pursued in parallel.
In May 1990 the European Parliament passed a resolution which condemned terrorism in Turkey, but called on the government to recognise the political, cultural and social rights of the Kurds. The Turkish government was successful in portraying the PKK as a terrorist organisation, and this has remained the perception in the minds of western governments and Parliaments to this day. Historians do not label Sheikh Said, leader of the 1925 insurrection, as a terrorist, although he and his followers were at times no more scrupulous about causing harm to non-combatants than the PKK9.
At the same time, Ankara had to deal with increasing concern in the west about the treatment of its Kurdish minority. The Conference on the Human Dimension of the Conference on Security and Co-operation in Europe (CSCE), meeting in June, produced the Copenhagen Declaration10 which begins by recognising that 'the questions relating to national minorities can only be satisfactorily resolved in a democratic political framework based on the rule of law.....' and continues to enumerate specific rights not enjoyed by the Kurds. Turkey, as a participating state of the CSCE (now renamed the Organisation...., or OSCE), has to face criticism at the regular Human Dimension Review meetings, and the pretence that the Kurds are not a national minority has become increasingly difficult for them to maintain.
In the summer of 1990, the Social Democratic Populist Party (Sosyaldemokrat Halkci Parti, SHP) published a report on the Kurdish problem, condemning the prohibition on the use of the Kurdish language. The SHP has been the mainstream party most sympathetic towards Kurdish aims, and it was to be the vehicle for the election of 22 Kurdish MPs at the general election of October 20, 1991, when the HEP was unable to satisfy the conditions for registration in time.
On December 4, 1990, the Turkish Grand National Assembly (TGNA) passed a law establishing a 'Human Rights Inquiry Committee' (TBMM Insan Haklari Inceleme Komisyonu), which was supposed, inter alia, 'to determine the changes which have to be made in order to ensure the conformity of the Turkish Constitution, other national legislation and practices with the international conventions on human rights to which Turkey is a party and to propose legislative amendments to this effect'11. This Committee was not able to make any progress with the task, and the matter is still on the agenda yet no further advanced five years later, with Turkey's need to satisfy the European Parliament of its human rights credentials, as a condition of entry to the European customs union.
Finally, among the events of 1990 which had a significant impact on Turkey's Kurdish policy, the Iraqi invasion of Kuwait on August 2 led to the insurrection of the Kurds in the north of Iraq, and to the influx of 100,000 Iraqi Kurdish refugees into Turkey after the allies' defeat of Saddam in the spring of the following year, to add to those already present who fled from the 'Anfal', the violent clearance of hundreds of villages in Iraqi Kurdistan at the end of the Gulf War. The support Turkey gave to US policies further undermined the standing of the ANAP government because of the economic penalties arising from sanctions and particularly the closure of the oil pipeline from Mosul to the Mediterranean. Turkey's losses in the first three months of the crisis were said to amount to $2 billion, and to have reached $9 billion early in 199112.
On April 12, 1991, The TGNA approved legislation tabled by President Ozal legalising the use of Kurdish in private conversation and songs, but retaining the offence of publishing in the language or using it as the medium of teaching. The new Anti-Terror Law, which repealed some of the more controversial articles of the penal code, including those outlawing communist and Islamic parties, also widened the definition of terrorism and made it virtually impossible to prosecute torturers13.
The repressive implications of the new legislation were hardly noticed abroad at the time. Ozal had been urging a whole package of reforms against the wishes of his ANAP deputies, including an amnesty for certain political prisoners including Mehdi Zana, former mayor of Diyarbakir. It was claimed that a month after the new law had been passed, 19,630 prisoners had been released, 17,435 of whom were ordinary criminals, 1,048 persons under charges of 'terrorism', and one person who had been convicted under the language law, No 293214. The dangers of the Anti-Terror Law were obscured by the undeserved euphoria over very limited reforms, and Ozal's subsequent hints that more was to come. The package was hailed as an important breakthrough, even by the leader of the PKK, Abdullah Ocalan. It was at this time that Ocalan first proposed negotiations to settle the Kurdish problem, and declared that he was not seeking total independence for the Kurds. (In spite of several reiterations of the point since then15, Turkish spokesmen always describe the PKK as 'separatists', and refuse point blank to negotiate with 'terrorists').
Almost at once, however, the optimism disappeared as the real meaning of the Anti-Terror Law, and the intentions of the government, became clear. Clashes between police and security forces on the one hand, and Kurdish militants and demonstrators on the other, continued throughout the spring. Hatip Dicle, chairman of the Human Rights Association of Diyarbakir, gave a number of examples including the massacre of 27 women and children in the village of Gere, near Sirnak, on June 10, on a visit to London16. Dicle pointed out that he was liable to prosecution under the new Anti-Terror Law for mentioning these crimes.
Tension was seriously heightened when Vedat Aydin, Diyarbakir chairman of the HEP, was tortured to death after being taken from his home by plain clothes men suspected by his wife of being police officers on July 5. When 40,000 people attended his funeral on July 10, police opened fire on the mourners, killing 6 people and wounding 11917. Among the injured were Fehmi Isiklar, leader of the HEP, and three HEP Parliamentarians, who were beaten up by the security forces and had to be treated in hospital, according to the newspaper Cumhuriyet18.
Then on August 1, 1991, Ismail Besikci, the renowned Turkish sociologist, was arrested under the new Anti-Terror Law and charged with the crime of writing The Forced Resettlement of the Kurds, a crime for which he had already served a prison sentence imposed in 1978 under the 'infamous Article 142 of the Turkish Penal Code'19. Besikci had already spent nearly 11 years of his life behind bars, at the age of 52, for writing about the colonialism inflicted on the Kurdish people: "...the ability to participate in diplomatic, political and cultural life in Turkey has been made conditional upon being Turkified", he wrote in another of his 'criminal' works20. Besikci has continued to be a target for judicial persecution, and is now sentenced to a total of 67 years one month imprisonment, of which 23 years 3 months have been ratified. Most of the sentences have been accompanied by heavy fines, and 27 of his 31 books have been seized21.
Ozal's perceived sympathy with the Kurds had very little foundation in reality. In a speech to the TGNA on October 4, 1991, dealing with human rights, he made no direct reference to the Kurdish problem, observing darkly that 'intervention into internal affairs of other countries for the sole purpose of promoting human rights and liberties may lead to unpredictable disturbances...'22. The situation had deteriorated further since the spring package, but the victory of the coalition of the True Path party (Dogru Yol Partisi, DYP) under Suleyman Demirel, and Erdal Inonu's SHP in the general election of October 1991 was seen to be a firmer promise of reform. The known policies of the SHP and the presence of the 22 Kurdish deputies in the Turkish Grand National Assembly (TGNA) indicated that political developments might be expected, though hopes were soon dashed.
Although the coalition statement of policy contained broad commitments to human rights, and to the CSCE's agreements, and some further small reforms on the language issue were conceded, there was no sign of any more general programme of reform by the new government, or even of entering into a dialogue with the elected representatives of the Kurdish region. The words 'Kurd' and 'Kurdish' were not to be found in the 'Principles of Democratization of the New Turkish Coalition Government'23. The document did contain references to the need to ensure compatibility of the emergency regime with the principle of the rule of law and the inviolability of fundamental rights and freedoms, as well as a promise to review the Anti- Terror Law, but neither commitment has been implemented to this day. Instead, there were only complaints about the reservations expressed by Leyla Zana MP and Hatip Dicle MP on being sworn in as Members of the TGNA, together with mass arrests of Kurdish activists, the emergence of the death squads, and a fresh surge in military activity.
In 1991, the ANAP government had allowed the celebration of Newroz, the Kurdish New Year festival at the end of March, for the first time in decades. It had been the occasion for manifestations of Kurdish identity, and in 1992, with the election of MPs specifically committed to constitutional reform, and the rising expectations of the people, bigger demonstrations were probable. The authorities decided to clamp down harshly on the use of Kurdish colours, songs and slogans, setting the scene for the confrontation by a propaganda campaign based on the allegation by the head of the Turkish National Intelligence Organisation (MIT), General Teoman Koman, that the PKK intended to stage a general uprising under cover of the festival24.
What Ocalan had actually called for was a 'great popular march', of a political rather than a military nature, though he added that 'the price may be much blood and loss of life'25. Considering that the PKK were estimated to have 3,000 men under arms in Turkey at the time, it would have been a foolhardy enterprise to engage in a confrontation with the vastly superior Turkish forces in the region. But the Regional Governor, Unal Erkan, threatened that 'security forces would take all measures against possible clashes with the terrorists during Newroz', and there was a massive presence of the military in the region on March 21, the date of the festival.
In Turkey, it is always difficult to establish whether events in the southeast are the result of political decisions by the government, or whether they are the product of local decisions by the military. In this case, it appears that the confrontation had been ordained by President Ozal himself. In late January 1992 he had declared that "the Armed Forces with super power will go to the region next term. This will be an extraordinary power. These forces will not let the bandits live there....".
In Cizre, the security forces opened fire on unarmed revellers singing and dancing in the streets, killing an estimated 12 people and injuring many more. In Sirnak also, the military fired on civilian crowds and individuals, killing 22 and again injuring dozens more. The governor of Sirnak, Mustafa Malay, told a visiting delegation on April 19, 1992, that it was said that between 500 and 1,500 armed guerrillas had entered the town on March 21, but he conceded that 'the security forces did not establish their targets properly and caused great damage to civilian houses'26. The delegation, of which the author was a member, concluded that 'violence was used by the armed forces and the police against unarmed demonstrators in Sirnak and Cizre on March 21, 1992, resulting in many deaths and serious injuries.... In Sirnak, the armed forces and police went on the rampage over a period of some 22 hours from March 21 to 22, bombarding houses, shops and offices, and causing civilian casualties'.27
The Newroz festivities left at least 91 people dead in three towns of the southeast, Cizre, Sirnak and Nusaybin, and 9 others elsewhere in the region28, and according to Helsinki Watch, 'all or nearly all of the casualties resulted from unprovoked, unnecessary and unjustified attacks by Turkish security forces against peaceful Kurdish civilian demonstrators'.29 The author can extend that conclusion to Sirnak as well, except that some of the seriously injured victims there had been hit in their own homes, and one, 16 year old Ms Biseng Anik, was murdered in custody.
The ugly phenomenon of widespread attacks on journalists working for left wing and pro-Kurdish newspapers started in 1992. These assaults and murders, which have continued and escalated since then, must be seen in the light of the state's tight control on the expression of unorthodox views, and particularly of any material which is seen as 'subversive'. The Decree with the Provision of Law (DPL) No 413 of April 10, 1990, amended to DPL No 424 and 425 of May 10, 1990, allowed the Minister of the Interior to fine the publishers of books, magazines, newspapers, records, cassettes, films and posters, and to close down the plants where any of this material was being produced.
Article 8 of the new Anti-Terror Law of April 12, 1991 also gave a heavy weapon for the state against the pro-Kurdish press. This catch-all provision says that: No written or verbal propaganda, meeting, demonstration and march, which targets the indivisible unity of the people and country of the Turkish Republic, for whatever thought or aim, are allowed.
Article 8 can be used, and is used, against any manifestation of the Kurdish identity, notwithstanding Turkey's commitment to the CSCE's Copenhagen Declaration and its affirmation that 'participating states will protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity...'30. The contrast between the regular professions of loyalty to the CSCE process by the government, and its actual treatment of the Kurds on the ground, is illustrated most starkly by the experience of the pro-Kurdish press.
Up to the end of 1992, 48 confiscation orders or lawsuits were filed by State Security Court prosecutors in respect of 48 out of 114 issues of the weekly newspaper Yeni Ulke, which had first appeared in October 1990. One of its journalists, Cengiz Altun, 25, was gunned down by two terrorists on February 24, 1992, and on 42 occasions its correspondents were arrested during the same period.
The monthly magazine Ozgur Halk started publication in November 1990 and lasted for 27 issues. During that period 15 issues were confiscated and lawsuits were filed against 22 issues. Eight employees of the paper were arrested and tortured; the Diyarbakir office was bombed; the Diyarbakir representative Huseyin Ebem was given a 26 month prison sentence and a 45 million TL fine for 'making propaganda against the indivisible integrity of the state', and two of the paper's representatives were murdered: Cetin Ababay at 19.30 on July 29, 1992 in Batman, and Orhan Karaagar on January 19, 1993 in Van.
Most of all in this phase of the state's operations against the press, the daily paper Ozgur Gundem paid a heavy penalty for the right to publish. Between May 31, 1992, when it was launched, and January 15, 1993, when it was forced to stop publication, confiscation orders were issued against 39 issues; fines amounting to billions of TL were imposed on the management; seven correspondents and distributors of the paper were murdered; 55 correspondents were arrested, and three of them were severely tortured; employees' homes and the paper's offices were repeatedly raided by the police, and property used by the paper was subjected to regular arson attacks31.
The attacks on journalists are frequently ascribed to a shadowy organisation known as 'Hezbollah'. The suggestion is that while the arrests, tortures, judicial harassment, police raids and fines are all undoubtedly the work of the state, the violent attacks and murders are perpetrated by some other body which has no connection with the authorities. But common sense indicates that only the state has the motive and the opportunity not only to commit these crimes, but to enjoy absolute impunity. Nobody has ever been charged, let alone convicted, of any of the murders of journalists, though recently a few alleged members of 'Hezbollah' have been arrested for other offences. The then Prime Minister, now President of Turkey, Suleyman Demirel, referring to the murdered writers of Ozgur Gundem, said: "These people are not real journalists. They are militants in the guise of journalists. They are killing each other"32.
The PKK were certainly guilty of attacks on non-combatants during 1992, as they had been in every year since 1984. But they selected their targets carefully, and no other observer has ever suggested that they murdered journalists. Helsinki Watch had unverified reports of the killing of village guards, informers, 'state supporters' and the relatives of such people, including women and children, as well as some murders where the reasons were unexplained33. The sources of these reports were not given, but some at least were from the authorities, who regularly portrayed atrocities committed by the security forces and village guards as having been committed by the PKK. A residue of the allegations was doubtless true, however, and the prohibition on 'violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture', prescribed by Article 3 of the Geneva Conventions for persons taking no active part in the hostilities, has been widely ignored by the PKK from time to time.
Turkey contends that the conflict in the southeast is not one to which Article 3 applies. It does not conform to the definition in the Article of an "armed conflict not of an international character", according to Ambassador Gunduz Aktan, Turkey's Permanent Representative in Geneva, nor is there any clear definition of this category of conflict in law. The UN General Assembly Resolutions on Terrorism, he says, do not make any reference to the size of the force committing the acts of terrorism, and guerrillas, insurgents or parties to a civil war could fall within the category of 'terrorist' if they consistently resort to terrorist acts, methods and practices. Thus, it is implied, if the General Assembly resolutions apply, Article 3 does not. In any case, Article 3 was aimed at countries whose domestic legislation was not sufficiently developed, Aktan observed, and it would not contribute in any meaningful way to the protection of persons already covered by Turkish law, but it could, on the other hand, 'eventually lead to unjust recognition of the conflict as an armed conflict and the terrorists as a party'.
Turkey's still repudiates her obligations under the Geneva Conventions, and has rejected periodic approaches by the International Committee of the Red Cross (ICRC) with a view to offering their services in the region, as Ambassador Ozden Sanberk confirmed in a private conversation with the author on September 14, 1995. The Turkish government would like other states and NGOs to condemn the PKK unreservedly, on the basis of allegations made by their opponents in the armed conflict, without any independent verification. All 'indiscriminate and random acts of violence and terror', whether committed by the PKK or the state, are to be 'profoundly deplored'34, but unless these acts are independently monitored, the responsibility for them cannot be determined with confidence. It may be presumed that where the victims are village guards or suspected collaborators, the PKK were the killers, and in some cases they have admitted their reponsibility35.
Where investigations have been undertaken, it is clear that the great preponderance of terrorist acts against the civilian population have been perpetrated by the security forces themselves. These are no mere incidental breaches of discipline at lower echelons, but systematic military operations involving large forces, sanctioned at the highest levels of government. One such operation, the effects of which were seen by the author, was the destruction of the town of Sirnak in a 41-hour blitz from the evening of August 18, 1992, to midday on August 20.
According to Interior Minister Ismet Sezgin, the PKK had attacked Sirnak and bombed the city for two days, calling it the resistance of the people to state forces36. He said that 1,500 terrorists were reported to have been involved in the assault, the objective of which was to capture the town and hold it for a short time. In one foreign account of this incident, it was claimed that '700 militants.... held the town for around 40 hours..... This .....naturally attracted a full-scale counterattack by the army..'37 In reality, the bombardment was entirely unprovoked, as was shown by the fact that not a single dead terrorist was produced at the end of the 41 hours, nor were there any spent cartridge cases belonging to the militants. Minister Sezgin explained this by saying that the PKK carried their dead away, but it was not credible that evidence of their presence could have been totally erased by the survivors. The authorities claimed that three soldiers and a police officer were killed, all on the evening of August 18, and none during the two days of shooting and shelling that followed, in which 17 civilians were killed, and widespread damage was caused to private property, though not to government buildings38.
The effect of operations of this kind, and smaller scale assaults on hundreds of villages, has been to provoke a mass movement of the population, to the shanty towns of the regional capital, Diyarbakir, to the western parts of Turkey, and to foreign countries, particularly Germany. 25,000 people fled Sirnak, and this was not a mere unintended by-product of the attempt to defeat the PKK militarily, but part of a strategy, articulated by President Ozal just afterwards when he said: 'Many problems would be solved much more easily if 500,000 people left here and settled in the west'39.
Estimates of the number of people displaced vary, but in round figures 2,000 villages have been erased from the map, and two million Kurds have gone into exile in western Turkey40. The Regional Governor, Unal Erkan, says that 2,667 villages and hamlets have been depopulated and 311,229 people have been displaced since 1994 alone41, while the Human Rights Association (Insan Haklari Dernegi, IHD) reckons that 2,540 villages have been destroyed and 3 million people have been displaced since the conflict started in 198442. The exodus has been caused largely by the deliberate and systematic military campaign over the years, rather than by the behaviour of the PKK. Since the PKK need to have a network of support among civilians in the villages and towns of the southeast, it is not in their interest that the region should be partly depopulated, while conversely, for the state, the process deprives the fish of their water.
The territory within which the PKK has been able to operate extends beyond Turkey and into Iraq and Syria. The Syrians have allowed Abdullah Ocalan to base himself in their territory, and allegedly to train armed men there, while keeping a tight rein on their own one million Kurds. Traditionally there has been suspicion between Syria and Turkey ever since the boundaries between the two states were a matter of dispute in the post-1918 settlement, and recently an additional cause of friction has been the massive hydro-electric developments by Turkey on the Tigris and Euphrates, which the Syrians claim were a violation of agreements on the use of water. Damascus retaliated by aiding the PKK, and there was little that Turkey could do, apart from diplomatic attempts to secure a common front against Kurdish nationalism in Syria, Turkey and Iran at a series of meetings between Foreign Ministers, the most recent of which took place in Tehran on September 7, 1995.
One positive outcome of these meetings, from the Turkish point of view, was an agreement with Iran to arrest and deport each other's asylum seekers. When Turkey signed the UN Convention Relating to the Status of Refugees on March 30, 1962, she recognised only persons from Europe as refugees. The legal protection regime, and in particular, protection against non- refoulement, is precarious for non-European refugees, who may be treated as illegal immigrants under Turkish law43. Another useful result has been that common support for Iraq's territorial integrity is reiterated, and each state could demonstrate that it has no intention of profiting from Kurdish unrest in any of the others.
In the case of Iraq, however, the creation of a partial political vacuum in the area north of the 36th parallel by the withdrawal of Iraqi forces has given the Turks carte blanche to send troops across the border whenever they see it as being operationally desirable. In the 80s they had frequently attacked targets in northern Iraq by air with the agreement of Saddam Hussain, but now, on October 24, 1992, Turkish troops crossed the frontier in force, with air and artillery support, and mounted an offensive, in cooperation with Massoud Barzani's Kurdish Democratic Party (KDP) against the PKK bases in the area44. They occupied a substantial area of Iraqi territory, without attracting any criticism from the international community for this violation of Iraq's territorial integrity. This was a useful exercise from Ankara's point of view, not so much for the immediate military results actually achieved, but for the green light it gave them for any future incursions. The KDP were enlisted as auxiliaries in the war, an idea which would be taken further. With the double embargo of the UN and Saddam, the economic dependence of the Iraqi Kurds on Turkey had been firmly established, and this could be used to deny the use of their territory either as bases, or as channels of communication with Syria.
Turkey's direct intervention in the affairs of northern Iraq culminated in the largest deployment of the country's armed forces outside its own borders since the invasion of northern Cyprus in 1974, when 35,000 troops invaded the territory on March 20, 1995. Prime Minister Ciller told the TGNA that Turkish forces would intervene 'again and again' if required45, and the Turkish 'observers' at the Drogheda talks sponsored by the State Department between the rival Kurdish parties of Northern Iraq in September made it clear that they wanted the parties to collaborate with them in countering the PKK. At the Turks' insistence, the draft agreement presented for discussion included a section headed 'Legitimate Security Concerns of Turkey', which stated: 'The participants recognize that the threat posed by terrorist elements based in and operating from northern Iraq against Turkey has been a major cause for instability in the area, constituting therefore a legitimate security concern for Turkey which shall be taken into account in the implementation of this agreement'46.
The Turkish attempt to divert the meeting from its task of framing a political settlement of the dispute between the warring Kurdish factions, towards Turkey's own security concerns, was partly responsible for the failure of the meeting. It also had the effect of ringing alarm bells in Damascus and Tehran, where the prominent role played by Washington was already a matter for concern. The cooperation between Turkey and the US in designing a solution for the Kurdish enclave may be seen as leading towards joint measures to influence the character of post-Saddam Iraq as a whole.
In parallel with the larger military operations of 1992, the level of individual human rights violations increased during that year. Although Prime Minister Demirel had undertaken during the October 1991 election that police stations would have 'walls of glass', 16 deaths were reported in detention during the year 199247, and there were more than 100 assassinations on the street or in other public places in the southeast in the first 8 months of the year alone48. From February to November, the death toll included eleven journalists and one newspaper distributor. Among the dead was Musa Anter, 74, a well-known writer and journalist, and chairman of the Mesopotamian Cultural Center in Istanbul49. These killings were dismissed by the Interior Minister as largely the work of the PKK and Hezbullah, but only five arrests of suspects had been made since the wave of killings began. Two were captured by local people and handed over to the police; two narrowly escaped being lynched and were rescued by the security forces, and one was shot by the victim's father and handed over, slightly wounded, to the security forces50.
At the end of the year, the Council of Europe's Committee for the Prevention of Torture issued a report which found that 'the practice of torture and other forms of severe ill-treatment remains widespread in Turkey, and such methods are applied to both ordinary criminals and persons held under anti- terrorism law'51. This was said to be the most critical report the Council of Europe had ever published on a member state's violations of human rights52.
The response by the government to the worsening human rights situation was to appoint a Minister of Human Rights, Mehmet Kahraman; to establish a Parliamentary Commission for Human Rights; to pass a new law in November 1992 forbidding torture, limiting the period in custody without a court appearance, and giving detainees the right to consult a lawyer at every stage of the legal process. However, those accused of 'terrorist' offences had none of the rights granted by this Criminal Trials Procedure law (CMUK). The position of suspects appearing before the State Security Courts (DGM) remained unchanged, and it was of course those prisoners who were and are most at risk of being tortured or killed in custody. One commentator observed that the government had introduced this law 'not to decide on reforms and prevent all acts of torture in Turkey but to decide on who could be tortured and who could not'53.
At the end of 1992, political freedoms had taken one step forward and three steps back since the new government had come into office. The TGNA had passed a Bill allowing parties closed down by the military after the 1980 coup to reopen, and the Republican People's Party (CHP) under Deniz Baykal resumed operations. But the Socialist Party was banned following a leaflet it published on 'Solution of the Kurdish Problem' and statements by its President, Dogu Perincek, said to constitute separatist propaganda. The United Communist Party was also shut down on the grounds that it 'aimed to establish the domination of one social class over another and to destroy the integrity of the country and its political system'. The People's Labour Party (HEP), which had been articulating the Kurdish identity as far as it could without running into trouble with the vaguely worded Anti-Terror Law, was itself threatened with closure at the behest of State Security Court Chief Prosecutor Nusret Demiral, for making 'separatist propaganda'54.
The year 1993 began with the closure of the newspaper Ozgur Gundem on January 15, driven out of business by harassment, confiscations, raids, arrests, and violence. On April 26, it was back at work, after merging with another paper that had also been relentlessly persecuted, Yeni Ulke. But not for long. Throughout the following 7 months, the paper suffered a crescendo of attacks, both physical and legal. By July, the publishers and editors had been fined a total of 8.6 billion TL ($736,500) and sentenced to prison terms totalling from 155 to 493 years. By the end of November, there were 170 further cases outstanding against the paper, including an action to close the paper on the grounds that 'the chief editor Davut Karadag did not communicate his new address to the Istanbul Governorate'55.
The main charges against the paper, in respect of an article published in September 1992 were of 'making separatist propaganda' and 'praising the PKK' contrary to Articles 7 and 8 of the Anti-Terror Law. These were due to be heard before the State Security Tribunal, a special court designated under Article 143 of the Turkish Constitution to hear 'offences against the indivisible integrity of the state...', on September 21, 1993. On that date, however, the proprietor Yasar Kaya was unable to appear, because he was in custody on another charge, relating to a speech he had made in Iraq. The hearing was adjourned twice more, and was still outstanding at the end of the year56. By then, Yasar Kaya faced between 300 and 990 years imprisonment, and fines totalling 16 trillion TL.
By the end of 1993, six of the paper's journalists and 14 other staff members had been killed, one journalist, Burhan Karadeniz had been shot by unidentified gunmen and paralysed for life, and one journalist had disappeared57. The author interviewed the father of one of the victims, Ferhat Tepe, and a witness who shared a cell with Ferhat in an interrogation centre at Diyarbakir. Ferhat had been kidnapped in Bitlis by four armed men, one of whom used a walkie-talkie, at 19.00 on July 28, 1993. His mutilated body was found in a lake at Sivrice in Elazig province on August 4, 1993. 58
On December 10, 1993, International Human Rights Day, 200 police raided the Ozgur Gundem offices in Istanbul, arresting 100 employees and seizing equipment. In simultaneous raids on all the other offices of the paper except Ankara, another 50 were taken into custody59.
Lois Whitman, Deputy Director of Helsinki Watch, calculated that 30 journalists and distributors were murdered from February 1992 to the end of 1993. Nobody had been convicted for any of these killings, and with few exceptions, they had not even been investigated. Helsinki Watch felt deeply disturbed about what appeared to be 'a systematic campaign to silence the press about events in southeast Turkey60.
There were moments in 1993, however, when peace seemed possible. In March, the PKK had declared a unilateral cease fire, and for the time being there were some hopes that it would become permanent. 'A breakthrough in the conflict with Kurdish separatists seems now to be in sight', according to one observer, though President Ozal had died suddenly on April 17, the Prime Minister, and Suleyman Demirel, who was to succeed him in office, always made it plain that he would not negotiate with the PKK in any circumstances61. During the cease fire by the PKK, the Turkish attacks on civilians in the southeast continued unabated. The pattern was for a village to be surrounded by the military in armoured vehicles, with helicopters overhead; for the inhabitants to be driven out of their houses into the central square, and there to be attacked and beaten, particularly by the Special Units, known to the people as 'Rambos'. Some people would be killed, and many taken into custody where they would be routinely tortured62.
Not surprisingly, since there had been no response from the military or the politicians after two months, the ceasefire came to a bloody end when the PKK murdered 33 unarmed off duty soldiers travelling in a bus from Bingol to Elazig on May 24. Ocalan said on June 8 he had not given authority for this attack, but added that the war would now spread to the whole of Turkey. He called for attacks on tourism and 'economic targets which finance the war against the Kurds'63, and these did occur, not only in the west of Turkey, but also in various parts of western Europe, particularly Germany.64 This was a tactical mistake, not only risking 'a reaction against the rebels from tolerant European countries'65, but reinforcing the image of the PKK as a purely terrorist organisation.
Following the election of Mrs Tansu Ciller as leader of the DYP on June 13, in succession to Mr Demirel, it looked once again for a moment as though progress would be made towards genuine democracy and the recognition of Kurdish rights. The new 'Coalition Protocol' between the DYP and the SHP, supposedly the basis for the government's programme, while reiterating that the 'fight against terrorism' would continue, gave a firm undertaking that the state of emergency would be abolished, and promised that the village guard system would be eliminated, though without a timetable. The government would remove 'the legal and other obstacles that hinder the free expression of our people's ethnic, cultural and language rights', and would permit the free development of 'various ethnic, cultural and linguistic groups'66. Mrs Ciller repeated these promises in a speech to the TGNA a few days later, adding the removal of 'barriers and rules that stand in the way of the democratisation process'; unlimited freedom of belief, thought and expression, the complete lifting of press censorship and reform of the prison system67.
Nothing came of any of these fine words. Two weeks after Mrs Ciller's speech, the pro-Kurdish HEP was banned by a decree of the Constitutional Court in Ankara on July 14, 1993, on the grounds that the party had violated the Constitution, and the Law on Political Parties. Article 3 of the Constitution declares that the Turkish state, its territory and nation, is an indivisible entity, and its language is Turkish68. The Law on Political Parties says, inter alia, that Political parties are prohibited from stating that on the territory of the Republic of Turkey there exist minorities of differing nationality, religion, culture or confession, race or language. They are not permitted to have the aim of destroying national unity by creating minorities by means of the protection, development or dissemination of languages or cultures other than the Turkish language and culture, and they are not permitted to develop any activities whatsoever of this sort.
On the face of it, this would be one of the 'legal ..... obstacles that hinder the free expression of our people's ..... language rights', and it is clearly incompatible with Turkey's OSCE commitments, including the reaffirmation of their commitment to advance the protection of national minorities in the Budapest Summit Declaration of December 199469. To put it another way, 'to an outside world, acknowledgement of the ethnic identity of one fifth of the country's 60 million population seems common sense'70. But more than three years later, the Constitution remains unamended in any material way and the Law on Political parties is still on the statute book.
Up to the date of the ban on the HEP, 48 of the party's officials had been murdered by death squads71. The Democracy Party (DEP), formed to replace the HEP, immediately became the target of attacks, and on September 4, 1993, Mehmet Sincar MP was killed by gunmen as he walked along a crowded street in broad daylight in Batman. Metin Ozdemir, chairman of Batman DEP, was also murdered, and four other people were wounded in the attack, including Nizamettin Toguc MP.
At the same time, the legal onslaught on the Kurdish MPs started on August 15, with the call by Nusret Demiral, Chief Public Prosecutor of the Ankara State Security Court, for Orhan Dogan MP to be tried for separatism, an offence which carries the death penalty under Article 125 of the Penal Code72. The judicial persecution of the Kurdish deputies proceeded in parallel with the extrajudicial violence against the MPs and officials of the party, leaving no room for doubt that both offensives were planned and executed by the same authority.
On September 10, there was a bomb attack on the house of Mr Sincar's father in Kiziltepe. The intended victim was probably Leyla Zana MP, who had come to offer her condolences. She escaped unharmed, but six others were wounded73. The Inter-Parliamentary Union, in an unusually blunt resolution, doubted 'the efficacy with which the Turkish state ensures, in keeping with its duty, the security of the members of the Grand National Assembly and particularly that of the parliamentarians of the south-eastern region of Turkey'74.
In the same month, Yashar Kaya, leader of the DEP, was arrested by anti-terror police in Ankara and remanded in custody by the State Security Court for a speech he had made at the Kurdish Democratic Party conference in Arbil, Iraqi Kurdistan75.
In October, trials opened in Istanbul and Diyarbakir of the Human Rights Association and three of its members. The individuals were charged under Article 8 of the Anti-Terror law, under which they could be sentenced to five years in prison for discussing the exploitation of the Kurds, while the Association was threatened with closure under the Law of Association. This case was one of a series aimed at human rights activists and lawyers. The Law Society of the UK found 'strong evidence that lawyers in Turkey involved in defending people in political trials or in human rights work, are themselves being subjected to threats, intimidation and harassment, at least some of which comes openly from the Turkish authorities and security forces'. The Law Society found that Article 8 was in clear breach of Article 10 of the European Convention on Human Rights, which deals with freedom of expression76.
In December 1993, the Ankara State Security Court Prosecutor, Nusret Demiral, launched the proceedings against the Democracy Party which were to lead to its closure. The Prosecutor argued that, by referring to the CSCE process and the Paris Charter, the party's declaration implicitly referred to the principle of self-determination and to minority rights. This aimed at dividing the nation, since the right to self-determination applies only to peoples under colonial domination, and minority rights do not apply to the situation in Turkey where there is no ethnic discrimination77. The Prosecutor thus clearly delineated the boundaries to freedom of expression. The use of the terms in question was defined as an attack on the indivisible integrity of the state, and thus constituted a criminal offence. By extension, virtually any remark or statement emphasising the distinctive Kurdish identity would become criminal. One of the allegations against the MPs was that when asked to say what foreign languages they spoke, they replied 'Turkish'.
On December 22, 1993, President Demirel said that 'persons with links to the PKK cannot contest elections, and the state will take the necessary measures'78. Some of these persons could be prosecuted under the Anti- Terror Law, and many potential candidates were, on the flimsiest of grounds. Investigations had been launched on October 13, for instance, against 16 Mayors under Article 8 of the Anti-Terror Law, because of a statement they had issued. But after the President gave the signal, the arrests and harassment intensified, with a crescendo in early February. On February 9, for instance, Mahmut Tozbey, candidate for Dogubeyazit, his wife and children and 60 others were taken into custody, while on February 11, 140 people including the candidate for Igdir were arrested.
But other DEP candidates, alleged to be 'separatists' and therefore according to the state's way of looking at it, linked to the PKK irrespective of whether they had been involved in any offences of violence, would be prevented from standing without recourse to the law, or by a combination of judicial and physical violence. Following Mr Demirel's statement, there was a wave of attacks on DEP premises all over the southeast and beyond79.
On January 10, 1994, the army attacked the DEP offices in Lice. A restaurant next to the building was also damaged, and 16 people were taken into custody for several hours80. The same day, security forces raided the village of Zubeyir Aydar MP, taking 26 people into custody and burning down 36 houses. On January 20 the DEP office in Yenisehir, Ankara was bombed, and the Mamak office on January 29. The office at Derik, in Mardin province, was hit on February 1. The General Secretary of the party, Murat Bozlak, was seriously wounded in an attack by gunmen at his Ankara home on February 6, 198481. Finally, on February 18, the party's main Ankara office was bombed, killing an off-duty prison officer and injuring 16 people, three of them seriously.
When this latest atrocity was debated in the TGNA the following day, Sirri Sakik MP said the real target of the attack was the Kurdish MPs. He had left the building 15 minutes before the explosion. Hatip Dicle MP said "I believe these attacks are the result of decisions taken by the National Security Council, to stop the DEP taking part in the local elections. I am not sure how long our candidates will be able to continue". To this, the Minister of the Interior Mentese responded by saying that the DEP had bombed its own building. When Dicle asked how Mentese could lower himself as a Minister to say such a thing, the Minister shouted "You are a traitor! What can you expect from a traitor!"82
Despite the fact that President Demirel sent a message to Dicle condemning the attack and expressing condolences, three days later the Prime Minister repeated the Interior Minister's verbal mugging. At a group meeting of the True Path Party she said that the PKK was being sheltered in Parliament, and when her mention of Hatip Dicle as Leader of the DEP was greeted by cries of "No, traitor, traitor!" she joined in with "Yes, exactly"!83
Finally, Hatip Dicle announced the withdrawal of the DEP from the local elections on February 2584. The state had driven the constitutional pro- Kurdish movement from the electoral field, leaving it clear for the Islamist Refah Party. Seen now as the main anti-establishment force in the southeast, Refah won dozens of mayoralties in the region including that of Diyarbakir, the capital85, on very low turnouts. The state had achieved a Pyrrhic victory, eliminating the Democracy Party but helping to boost the growth of the Islamists, who now constitute a formidable challenge to the secularist foundation of the Kemalist state.
That the government itself was the author of all the acts of violence against DEP activists and property cannot be seriously doubted. Looking at the pattern of events as a whole, it is inconceivable that some private organisation perpetrated unsolved crimes of violence, while the state and its agents were responsible for all the remaining acts by the police, the prosecuting authorities and the security forces, which in many cases themselves involved the use of violence.
The state's readiness to use violence against unarmed opponents is confirmed by the prevalence of torture and disappearances. In November 1993 the UN Committee Against Torture published the results of an inquiry on Turkey under Article 20 of the Convention Against Torture86, the only time this procedure has ever been invoked. In their conclusion, the Committee said they remained 'concerned at the number and substance of the allegations of torture received,which confirm the existence and systematic character of the practice of torture in [Turkey]'. They remarked that 'torturers should not feel that they are in a position of virtual immunity from the law'.
Unfortunately, this unprecedented criticism has produced no discernible improvement. According to the US State Department, 'there was no indication of either the amelioration of treatment of those charged under the Anti-Terror Law or an overall decrease in the incidence of torture in 1994'87. The UN Special Rapporteur on Torture, Dr Nigel Rodley, devoted 80 paragraphs to Turkey in his most recent report, by far the most extensive entry of any country in the world. He concluded that torture 'continues to be systematic, the perpetrators acting with virtual impunity'. He added that most of the governmenmt's replies 'contain unsubstantiated flat denials...... which patently lack credibility', and he warned that such replies risked 'being taken as a signal by those reponsible for the torture, of the Government's willingness to protect them and have them continue the practice'88.
The Special Rapporteur on extrajudicial executions, M Bacre Waly Ndiaye, told the same story. '... [M]embers of the political opposition, journalists and human rights activisits continued to be targets of acts of violence. The security forces and paramilitary groups co-operating with them, particularly the "village guards"...., were said to be responsible for violations of the right to life'. M Ndiaye said that for more than two years he had been receiving numerous allegations from a variety of credible sources, and had repeatedly said that an on-site visit would be the only way of evaluating these allegations and the government's denials. The government had assured him that a visit would be approved in principle, but the fact that it had not materialised, raised the question of whether the government was genuinely willing to invite him 89.
According to the UN Working Group on Disappearances, Turkey was again at the head of the world league table in the number of new cases reported in 1994. The Group expressed particular concern at the increase in 1994 90.
The findings of the UN human rights experts are abundantly confirmed by the work of many NGOs. Amnesty International has highlighted the growth of disappearances, extrajudicial killings (in which they see 'the fingerprint of the state') and torture91, and has documented literally hundreds of individual cases. AI has also drawn attention to the government's systematic attempts to conceal the scale of human rights violations. This has taken the form of prosecuting human rights defenders, closing down branches of the Turkish Human Rights Association, and severely limiting access to the emergency region by foreign human rights investigators 92.
In the whole of 1994, according to the Human Rights Association of Turkey, 14,473 detentions were recorded, and 328 of those detained subsequently disappeared. They identified 298 extrajudicial executions, and another 192 'suspicious murders'. In actions against civilians 458 were killed and 574 wounded 93.
These trends have continued in 1995. In a report by the Human Rights Association, it was stated that in the month of July alone, there were 14 extrajudicial executions, 13 'suspicious murders' and 19 people disappeared while in custody. The number killed in armed conflict was 392. During the month, 1,572 people were arrested, of whom 62 were journalists 94.
The Kurdistan Human Rights Project (KHRP), a UK-based NGO founded only three years ago to help individuals to lodge complaints with the European Commission of Human Rights, has assisted more than 250 people so far, in a range of cases involving summary and arbitrary executions, indiscriminate killings, destruction and evacuation of villages, torture, rape, disappearances, denials of freedom of expression, and the persecution of lawyers and MPs. In 250 cases dealt with so far, all involving the targetting of Kurds, the Project says that lack of accountability for the crimes committed by agents of the state is a common factor. The inadequacy of domestic remedies is another feature observed. So far, 41 of the cases presented with the help of the KHRP have been declared admissible by the Commission 95.
Picking up the threads of the Ozgur Gundem story, on April 14, 1994 the paper was shut down temporarily, in the first of 200 such cases to come to the Supreme Court. On April 27, the owners of the paper decided to cease operations, and a new title, Ozgur Ulke, was launched. But on June 14, 1994, the editor, deputy editor and 11 journalists from the defunct title were put on trial in Istanbul. The editor, Ms Gurbetelli Ersoz and four others were charged with membership of an illegal organisation, the remainder with 'separatist propaganda'96. Amnesty International, in the same month, reported that 'Turkey is once again imprisoning people for the expression of their non- violent political opinions, in contravention of Article 10 of the European Convention of Human Rights 97.
Ozgur Ulke fared no better than its predecessor. After endless arrests of its staff and harassment, the signal was given for the final blow in a secret letter from Prime Minister Ciller to the Justice Minister, calling for 'methods to effectively combat this kind of publication'. On December 3, the paper's offices in Istanbul and Ankara were bombed, killing one person, Ersin Yildiz and injuring 20 others in an enormous blast at their main offices in the Kadirga district of Istanbul98. Finally on February 3, 1995, the paper was closed down altogether when a court ruled that it was subject to the same ban as Ozgur Gundem99. When yet another paper representing a Kurdish viewpoint, Yeni Politika, was planned, its premises were raided before even the first issue appeared in April, six of its journalists were detained, and the inaugural issue was confiscated for containing 'separatist propaganda'100.
Even foreign journalists have come under fire. On October 12 Aliza Marcus, a US citizen, was to come before the State Security Court in Istanbul, charged with 'stirring up racial hatred, an offence which carries a maximum of three years imprisonment, for an article she wrote in Ozgur Ulke of November 27, 1994, mentioning the forced evacuation and burning of Kurdish villages101.
Still more bizarre, a distinguished Turkish academic, Professor Dogu Ergil, is under intense fire on account of a survey of opinion in the southeast, which found that over 75% of the people wanted federalism, autonomy or an independent state. The idea of asking Kurds for their opinion on these matters is anathema to the Kemalist establishment, but Professor Ergil's conclusion that 'the PKK is not the cause of the problem..... [it is] the illegitimate child of the system' is the worst kind of heresy102.
The government counters all criticism of human rights violations by attempts to deflect attention towards the attacks on non-combatants perpetrated by the PKK, which must be condemned, and by falsely and maliciously ascribing massacres committed by the security forces to the PKK. There is a residue of circumstantial evidence against the PKK in the case of some atrocities, notably against the families of village guards, informers, and in one case, of six teachers, but for most of this information, researchers have had to rely on the indirect testimony of the Human Rights Foundation of Turkey, because the Emergency Rule Governor would not allow meetings with witnesses103.
It should be noted that in March 1994, the PKK Leader Abdullah Ocalan said he would stop all armed activity if a basis was established for a political solution, based on dialogue within a democratic framework. He suggested a cease-fire under international supervision, and discussion of various alternatives, including federation104. (He has given even more prominence to the concept of federation in subsequent pronouncements)105. At the same time, he accepted the obligation to protect the lives, security and integrity on non-combatants in accordance with common Article 3 of the Geneva Conventions. It is not easy to say whether this has led to any reduction in the attacks on civilians by the PKK, and it has to be recognised that for the whole of the period of the conflict, the PKK have followed the maxim that 'Violence is the only way of securing a hearing for moderation'106.
There was certainly no question of the Turkish authorities responding to this PKK initiative, any more than they had to the cease fire of the previous year. They were in the middle of a big offensive, decided by the Emergency State Coordination Committee (Olaganustu Hal Koordinasyon Kurulu), using 150,000 troops and the Second Tactical Airforce, reinforced with an additional 30 planes from other commands107. Ankara would not agree to discussions with the terrorists, as they saw them, but at the same time they were setting the scene for the elimination of the constitutional Kurdish opposition. By doing so, they were deliberately abandoning political solutions and relying exclusively on the military option.
At the beginnning of March 1994, the TGNA withdrew the immunity of the Kurdish MPs. The then Turkish Ambassador in London, Mr Candemir Onhon, explained that this had been done on the request of the State Security Courts, based on Article 125 of the Penal Code. That provision, which dealt with action against the indivisibility of the State and Nation, was based on Article 14 of the Constitution, which stipulates the conditions under which basic rights and freedoms may be restricted. Mr Onhon observed that the penal codes of many other states prescribe heavy penalties for crimes involving separatism and division of the country, and he argued that there was no incompatibility with the European Convention on Human Rights, which allows for some departures from absolute freedom of expression108. Mr Onhon omitted to mention that Article 125 carries the death penalty.
Six MPs, Hatip Dicle, Leyla Zana, Orhan Dogan, Sirri Sakik, Ahmet Turk and Mahmut Alinak, were arrested on the withdrawal of their immunity.
When the DEP was dissolved by the Constitutional Court on June 16, 1994, (because of its "Peace Now Declaration", and statements made by the former chairman of the Party, Yasar Kaya, in which he referred to the leaders of Kurdish rebellions against the Turkish state, and to the Republic of Mahabad), two further MPs, Sedat Yurtdas and Selim Sadak, were automatically unseated and were then also arrested under Article 125 on July 1. On December 8, 1994, Leyla Zana, Hatip Dicle, Ahmet Turk, Orhan Dogan and Selim Sadak were found guilty under Article 168 para 2 of the Turkish Penal Code of membership of an illegal armed organisation, and sentenced to 15 years imprisonment. Sedat Yurtdas was found guilty under Article 169 of having provided support to an armed organisation and given 7 years six months imprisonment. Mahmut Alinak and Sirri Sakik were found guilty under Article 8 para 1 of the Anti-Terror Law of having engaged in separatist propaganda and were sentenced to 3 years six months, plus a fine of 70 million TL, but released on bail pending appeal.
The Council of Europe's Parliamentary Assembly had called for the release of the Kurdish MPs109, as had the CSCE Parliamentary Assembly110.The Committee on the Human Rights of Parliamentarians of the