[Congressional Record Volume 141, Number 138 (Thursday, September 7, 1995)]
[Extensions of Remarks]
[Pages E1721-E1722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


   HUMAN RIGHTS ABUSE AND UNITED STATES-ORIGIN MILITARY EQUIPMENT IN 
                                 TURKEY

                                 ______


                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                      Wednesday, September 6, 1995
  Mr. HAMILTON. Mr. Speaker, on June 1, 1995, the State Department 
released a report on allegations of human rights abuses by the Turkish 
military. This report stated that United States-origin military 
equipment has been used in operations in Turkey during which human 
rights abuses have occurred. This report is the most definitive 
administration statement linking United States military assistance to 
human rights violations in Turkey.
  I wrote a letter to Secretary Christopher on June 29 asking several 
questions about that report, and on August 15 I received a reply. I ask 
that my letter, and the Department's response, be printed in the 
Congressional Record.
         House of Representatives, Committee on International 
           Relations,
                                    Washington, DC, June 29, 1995.
     Hon. Warren Christopher,
     Secretary of State, Department of State, Washington, DC.
       Dear Mr. Secretary: I write regarding the State 
     Department's Report on Allegations of Human Rights Abuses by 
     the Turkish Military, released on June 1, 1995. I commend you 
     for the precision and detail of that report, which provides 
     important information to the Congress.
       What impresses me about that report is your open 
     acknowledgment of the role of U.S.-origin military equipment 
     in human rights abuse in southeastern Turkey. As your report 
     states: ``U.S.-origin equipment, which accounts for most 
     major items of the Turkish military inventory, has been used 
     in operations against the PKK during which human rights 
     abuses have occurred.''
       I would like to ask you several questions about the June 1 
     report.
       1. I do not recall prior Administration statements or 
     testimony coming to the conclusion that U.S. military 
     equipment provided to Turkey was used in operations during 
     which human rights abuses occurred.

[[Page E 1722]]

       Can you point me to prior statements by this 
     Administration, or previous Administrations, that make a link 
     between U.S.-origin equipment provided to the Turkish 
     military and human rights abuses?
       2. For how long has the Turkish military used U.S.-supplied 
     equipment in operations against the PKK?
       For how long do you believe human rights abuses in 
     connection with Turkish military operations against the PKK 
     have been occurring?
       3. Are Turkey's human rights abuses with U.S.-origin 
     military equipment, as detailed in your June 1 report, 
     consistent with Section 4 of the ``Purposes for Which 
     Military Sales by the United States Are Authorized,'' under 
     Section 4 of the Arms Export Control Act (AECA)?
       Do you intend to report under Section 3(c)(2) of the AECA 
     concerning a violation of that Act, through the use of U.S.-
     origin defense equipment for a purpose not authorized under 
     Section 4 of the AECA?
       At what point do human rights abuses with U.S.-origin 
     defense equipment constitute a ``consistent pattern of gross 
     violations'' and thus, under Section 502B of the Foreign 
     Assistance Act, prohibit AECA sales of defense articles or 
     services?
       4. What are the implications for U.S. policy of your 
     determination that Turkey has used U.S.-origin military 
     equipment in operations in which human rights abuses have 
     occurred?
       What steps are you taking to address human rights abuses 
     mentioned in your June 1 report?
       5. Is it U.S. policy to promote a political solution in 
     southeastern Turkey?
       Does Turkey support a political solution?
       What is the next step in trying to promote a political 
     solution?
       I appreciate the strategic importance of Turkey, and I 
     agree with you that Turkey is a long-standing and valuable 
     U.S. ally. I also appreciate the serious security dilemmas 
     facing that country. Yet I believe that your June 1 report 
     compels the United States to revisit relations with Turkey, 
     to insure that U.S.-origin weapons are not used to commit 
     future human rights abuses, and to insure that every effort 
     is made to work for a political solution in southeastern 
     Turkey.
       I look forward to your answers to the questions above.
       With best regards,
           Sincerely,
                                                  Lee H. Hamilton,
     Ranking Democratic Member.
                                                                    ____

                                     U.S. Department of State,

                                  Washington, DC, August 15, 1995.
     Hon. Lee Hamilton,
     House of Representatives.
       Dear Mr. Hamilton: On behalf of Secretary Christopher, I am 
     responding to your June 29 letter, which raised a number of 
     questions regarding human rights abuses and the Turkish 
     military's use of U.S.-supplied equipment.
       I want to thank you for your comments regarding the State 
     Department's Report on Allegations of Human Rights Abuses by 
     the Turkish Military. The Embassy in Ankara and concerned 
     offices at the Departments of State and Defense made every 
     effort to convey the situation as accurately as possible.
       Turning to your questions, we are not aware of statements 
     by this or previous administrations which specifically linked 
     U.S.-origin equipment provided to the Turkish military and 
     human rights abuses. That said, the Administration has 
     frequently expressed concern about human rights abuses in 
     Turkey's conflict with the PKK. We have also noted, in 
     response to Congressional inquiries, the high probability 
     that the GOT has used U.S.-supplied equipment in the 
     southeast. Ambassador Grossman addressed this issue during 
     his confirmation hearings in response to a question from 
     Senator Pell. I have enclosed Ambassador Grossman's response.
       The United States has had a military supply relationship 
     with Turkey for over 40 years. It is reasonable to assume, 
     therefore, that Ankara has used U.S.-origin equipment against 
     the PKK since the conflict started nearly 11 years ago. The 
     Turkish military became extensively involved in operations 
     against the PKK in 1992, when the conflict worsened 
     dramatically. Until that time, the military's involvement, as 
     opposed to that of the Jandarma (national guard), was 
     minimal.
       With respect to your questions regarding the Arms Export 
     Control Act (``AECA''), section 4 of that Act provides in 
     relevant part that the U.S. Government may provide U.S.-
     origin defense articles to friendly countries for a number of 
     purposes, including for internal security. Although human 
     rights violations have occurred in the course of operations, 
     those operations appear in fact to have been undertaken for a 
     purpose
      authorized under the AECA and therefore a report is not 
     required under section 3(c)(2). In any case, the 
     information in our report on alleged human rights abuses 
     is more extensive than what would be provided in a report 
     under section 3(c)(2) of the AECA.
       Turkey's human rights record raises serious concerns, but 
     we do not believe that it has engaged in a consistent pattern 
     of gross violations of internationally recognized human 
     rights within the meaning of Section 502B of the Foreign 
     Assistance Act. We must not forget that Turkey is a 
     functioning, albeit troubled, democracy. Although freedom of 
     expression is restricted, Turkey's press is able to criticize 
     the government, and frequently does so.
       On July 23, Turkey's Grand National Assembly approved, by 
     the overwhelming majority of 360 to 32, 16 constitutional 
     amendments which will enhance Turkish democracy and broaden 
     political participation. These amendments, among other 
     things, eliminate restrictions on participation in politics 
     by associations, unions, groups and cooperatives; grant civil 
     servants the right to form unions and engage in collective 
     talks; lower the voting age from 20 to 18, and increase the 
     number of parliamentarians from 450 to 550. Both Prime 
     Minister Ciller and Deputy Prime Minister Cetin are committed 
     to going beyond this important step to achieve further 
     reforms, such as modification of Article 8 of the Anti-Terror 
     Law, which has constrained freedom of expression. 
     Additionally, as noted in our report, the Turkish General 
     Staff (TGS) has instituted a program to train soldiers in 
     human rights requirements.
       For the past three years, human rights has been a major 
     part of our dialogue with the Turkish government. Every high-
     level official, both from the State Department and DoD, who 
     has visited Ankara has raised the issue of human rights and 
     its importance to U.S.-Turkish relations. We have started to 
     engage the TGS on this subject as well, and have encouraged 
     visitors from other western countries to support these 
     efforts.
       The Turkish government interprets references to the need 
     for a ``political solution'' in the southeast as 
     encouragement to negotiate with the PKK, which we have not 
     asked Ankara to do. We support Turkey's territorial integrity 
     and legitimate right to fight terrorism. We have emphasized 
     repeatedly that there is no solely military solution to this 
     conflict. We have argued that, in addition to carefully 
     calibrated military operations, resolution will require the 
     expansion of democracy and human rights, including increased 
     civil and cultural rights for Turkey's Kurdish citizens.
       While engaged in a difficult struggle with a brutal 
     terrorist organization, the Government of Turkey is making a 
     determined effort to improve its human rights performance. We 
     believe that to promote a settlement in the southeast, our 
     best course is to continue energetically to promote 
     democratization, while supporting Turkey's legitimate 
     struggle against terrorism. In both of these efforts, Turkey 
     needs, and continues to deserve, our help and support.
       Please do not hesitate to contact us if we may be of 
     further assistance.
           Sincerely,
                                                 Wendy R. Sherman,
                         Assistant Secretary, Legislative Affairs.
       Enclosure: As stated.
Question for the Record Submitted to Marc Grossman by Senator Claiborne 
                                  Pell

       Question. 2. Is U.S.-origin equipment being used in the 
     Turkish military campaign against Kurdish civilians?
       Answer. A large portion of Turkey's inventory of defense 
     items is U.S.-supplied or produced under co-production 
     arrangements. I therefore assume that U.S.-origin equipment 
     is being used in the Turkish military's campaign against the 
     PKK.
       I understand that internal security, along with self-
     defense, is recognized as an acceptable use of U.S.-supplied 
     defense articles. The agreements under which we provide 
     Turkey and other foreign countries with defense articles 
     permit such uses.
       There are reports that in the counter-insurgency a large 
     number of civilians have been killed. These reports are 
     troubling, and the Administration has brought them to the 
     attention of the Turkish authorities, and will be looking 
     into them further. Assistant Secretary Shattuck visited 
     Turkey in July and will be going again in October, partly for 
     this purpose.
     

                          ____________________