[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[Extensions of Remarks]
[Pages E705-E706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          DELEGATION DETAILS HUMAN RIGHTS CONDITIONS IN TURKEY

                                 ______


                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                        Tuesday, March 28, 1995
  Mr. SMITH of New Jersey. Mr. Speaker, earlier this month members of a 
Parliamentary Human Rights Foundation delegation returned from a fact-
finding mission to Turkey. The human rights situation in that country 
has significantly deteriorated in recent years despite assurances 
otherwise by Turkey's leaders.
  At present, internal tensions have reached new heights, threatening 
to tear apart the multiethnic fabric of Turkish society while 
destabilizing the entire region. Turkey's campaign against the Kurdish 
Worker's Party [PKK] has been used to justify the recent invasion of 
Northern Iraq as well as sweeping restrictions on pro-Kurdish 
expression and peaceful political activity. And, while the PKK 
continues to operate and gather support, Turkey's democratic 
credentials are increasingly questioned.
  Mr. Speaker, at this time I ask that the report of the Parliamentary 
Human Rights Foundation delegation, which outlines many of the human 
rights problems in Turkey and offers constructive recommendations on 
how Turkey's Government might better address such problems be printed 
in the Record.
       Report on Human Rights Conditions in Turkey, March 2, 1995


                               i. summary

       The Parliamentary Human Rights Foundation (formerly the 
     Congressional Human Rights Foundation) organized a human 
     rights fact-finding mission to Turkey (2/25-3/1/95). The 
     delegation was led by the Honorable J. Kenneth Blackwell, a 
     Member of the Board of Directors and former U.S. Ambassador 
     to the United Nations Human Rights Commission (UNHRC). The 
     delegation also included David L. Phillips, President of the 
     Foundation. The purpose of the trip was to investigate 
     reported human rights violations committed by the Government 
     of Turkey, particularly the abuses against its citizens of 
     Kurdish origin. The delegation also investigated violations 
     by the PKK, a separatist organization committed to armed 
     struggle. Based on the delegation's findings, a report has 
     been submitted to officials in Geneva, Members of the U.S. 
     Congress, the European Parliament, and National Assemblies in 
     Europe.


                              ii. program

       The delegation visited Istanbul, Diyarbakir, and Ankara. In 
     order to consider a broad range of views, the delegation 
     spoke with Turkish officials from the Office of the Prime 
     Minister, the Ministry of Justice, the Ministry of Foreign 
     Affairs, the Turkish Grand National Assembly, the Governor 
     and Deputy Governor of the Emergency Region, and Turkish Army 
     personnel. The delegation also met with representatives of 
     the Turkish Human Rights Association, the Turkish Human 
     Rights Foundation, the Diyarbakir Bar Association, HADEP 
     officials, a DEP Parliamentarian, lawyers representing the 
     DEP MPs, former MPs of Kurdish origin, and Kurdish citizens.
       Our official request for meetings with Layla Zana and Ahmet 
     Turk, imprisoned parliamentarians and members of the 
     Foundations Interparliamentary Human Rights Network (IPN), 
     was declined. Despite assurances from the Governor of the 
     Emergency Region, our travel to Kurdish villages outside of 
     Diyarbakir was blocked at military checkpoints. The office of 
     the Diayarbakir Human Rights Association was closed and four 
     members were arrested within 24 hours of the delegation's 
     meeting with representatives of the Association.


                      iii. summary of observations

       Turkish authorities are systematically violating the rights 
     of Turkish citizens, including those of Kurdish origin. The 
     Anti-Terror Act and the State of Emergency provide legal 
     sanction for gross human rights violations, particularly in 
     Southeast Turkey.
       Turkish authorities state that their objection is to the 
     non-combatants terrorism. However, many civilian non-
     combatants suffer human rights violations as a result of the 
     struggle between Turkish authorities and the PKK. The PKK is 
     an extremist, militant organization responsible for acts of 
     terrorism in which Turkish military and police personnel are 
     targeted, as are Kurdish civilians. It should be noted, 
     however, that the PKK has recently called for a ``civilian 
     solution'' to the Kurdish question and has recognized 
     Turkey's borders.
       The Government of Turkey believes all persons who seek 
     political and cultural expression for the Kurds are 
     ``separatists'' and PKK sympathizers. Suspected by Turkish 
     authorities as bases for PKK operations, more than one 
     thousand Kurdish villages have been destroyed. Human rights 
     monitors report instances of arbitrary detention, torture, 
     extrajudicial killing, and restrictions on freedom of 
     expression. In addition, democratically elected 
     parliamentarians of Kurdish origin have been jailed and 
     convicted for disseminating ``separatist'' propaganda and 
     supporting an ``armed band'' while, in reality, they were 
     merely representing the interests of their constituents. 
     There are serious shortfalls in Turkey's administration of 
     justice.


                        iv. summary of findings

       The Interior Ministry indicates that 1,046 villages in the 
     emergency region have been evacuated; human rights monitors 
     say several thousand villages have been destroyed; homes and 
     their claimed inhabitants have been burned; use of chemical 
     agents and poison gas are reported. The Government 
     acknowledges that 940 combatants have been killed; however, 
     other reports claim that thousands have died. The population 
     of Diyarbakir has doubled to more than 1.2 million as 
     internally displaced persons have sought refuge in the city.
       The DEP parliamentarians were convicted in proceedings many 
     observers labelled a ``show-trial.'' The Government of Turkey 
     indicates that 8,682 persons have been sentenced under its 
     Anti-Terror Act, which permits arbitrary arrest. Many of 
     those known to be arrested, as well as persons who have 
     disappeared, were just attempting to peacefully exercise 
     freedoms of speech, association, or other internationally 
     recognized human rights. The Turkish Human Rights Association 
     reports instances of extrajudicial killings and torture of 
     persons held in incommunicado for political crimes. There are 
     250 cases/appeals presently before the European Court of 
     Human Rights and the European Commission on Human Rights.
       The Constitutional Court of Turkey has no right of review 
     for ``decrees with the force of law'' issued under the state 
     of emergency. The Anti-Terror Act, adopted in 1991, restricts 
     many civil liberties, including attorney access to, as well 
     as the rights of, persons in detention. The Anti-Terror Act 
     and state of emergency provisions also restrict freedom of 
     expression. Government agencies harass and imprison human 
     rights minors, journalists, lawyers, and professors. The 
     Act's broad and ambiguous definition of terrorism, 
     particularly Article 8, has led to widespread abuses of 
     innocent civilians.
       In addition, the Constitutional Court has banned the DEP 
     party, a vehicle for the expression of Kurdish cultural 
     identity and full citizenship rights. In the past two years, 
     26 DEP and HADEP members have been killed. In the run-up to 
     recent elections, the DEP headquarters was bombed. The press 
     law permits banning of publications with a court order and 
     states that ``responsible editors'' bear responsibility for 
     the content of their publications; 19 journalists have been 
     tried under the Anti-Terror Act. On December 3, 1994, a 
     journal reputed to be pro-PKK, the ``Izgur Ulke'' was bombed. 
     There are no independent Kurdish language newspapers, 
     television, or radio. Regarding cultural expression, the 
     Constitution does not recognize Kurds as a national, racial, 
     or ethnic minority. Two hundred Kurds were arrested during 
     Newroz New Year celebrations in Diyarbakir.
       It is important to note that the PKK, itself, is 
     responsible for gross human rights violations by targeting 
     village officials, guards, informants, teachers, and young 
     men who refuse to take up arms against the authorities. By 
     the admission of its own representatives, the PKK has 
     recently killed 179 village guards, 66 collaborators, and 
     police officials. The well-being of almost every Kurd is 
     adversely affected by the conflict.
       As a result of the conflict, Turkey's citizens of Kurdish 
     origin have become bereft of many democratic rights and are 
     denied effective political and cultural expression. The 
     [[Page E706]] resulting radicalization of the Kurds is 
     contributing to a worsening security situation throughout the 
     country. An increasing number of Kurds are turning to the 
     pro-Muslim Welfare Party.


                           v. recommendations

       The international community should promote improvement in 
     human rights conditions in Turkey by encouraging a dialogue 
     between Turkish authorities and legitimate representatives of 
     Kurdish interests. To this end, amnesty should be provided to 
     convicted DEP parliaments so that they can participate in a 
     dialogue concerning the reduction of tensions and the 
     normalization of relations between Turkish authorities and 
     Turkey's citizens of Kurdish origin.
       Within the competence of the UNHRC, the Working Group on 
     Arbitrary Detention, and the Special Rapporteurs on Torture 
     and Freedom of Expression should investigate human rights 
     conditions in Turkey. The Government of Turkey has 
     ``invited'' the Special Rapporteur on Summary Executions to 
     visit Turkey. A suitable itinerary and near term date should 
     be finalized.
       Efforts should be made by the U.S. and the E.U. to 
     establish mutual reinforcing restrictions on the sale of 
     military equipment which might be used against civilian 
     populations. The US and EU should also coordinate the 
     extension and/or relaxation of tariff and trade privileges 
     based on Turkey's overall human rights performance.
       Technical assistance programs in the rule of law should be 
     undertaken among Members of the Turkish Grand National 
     Assembly, European Parliament, and U.S. Congress in order to 
     strengthen democratic institutions and assist in 
     constitutional and legislative reform. The Anti-Terror Act 
     should be amended so that the rights of Turkish citizens are 
     safeguarded, as is the right of the state to protect its 
     territorial integrity. Electronic computer networks should be 
     established between the TGNA and parliamentary bodies in 
     other countries.
       These recommendations are provided so that the 
     international community can become fully seized by the 
     worsening human rights conditions in Turkey. The authors of 
     this report hope for reconciliation through dialogue so that 
     peace, prosperity, and democracy may flourish for all 
     citizens of the Turkish Republic.
     

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