[Congressional Record Volume 143, Number 149 (Thursday, October 30, 1997)]
[Extensions of Remarks]
[Pages E2134-E2135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               THE DISMAL STATE OF HUMAN RIGHTS IN TURKEY

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Wednesday, October 29, 1997

  Mr. SMITH of New Jersey. Mr. Speaker, yesterday several of my 
colleagues on the Helsinki Commission--Representatives Hoyer, Markey, 
Cardin, and Salmon--joined me in introducing a sense of the Congress 
resolution with respect to the human rights situation in the Republic 
of Turkey and that country's desire to host the next Summit Meeting of 
the Heads of State or Government of the Organization for Security and 
Cooperation in Europe [OSCE]. Turkey--an OSCE country since 1975--first 
proposed to host the next summit meeting nearly a year ago. Shortly 
after this proposal surfaced, I wrote to then-Secretary of State 
Christopher on November 22, 1996, together with the Helsinki 
Commission's co-chairman, Senator D'Amato, to raise concerns over human 
rights violations in Turkey and to urge rejection of the Turkish 
proposal unless the human rights situation improved. We wrote to 
Secretary Albright on July 15, 1997 expressing concern over the lack of 
human rights progress in Turkey. Unfortunately, Turkey has squandered 
the opportunity to demonstrate its determination to improve 
implementation of Ankara's freely undertaken OSCE commitments over the 
past 11 months.
  Without reciting the lengthy list of Turkey's human rights 
violations, including the use of torture, it is fair to say that 
Turkey's record of implementation of OSCE human dimension commitments 
remains poor. The Committee to Protect Journalists has documented the 
fact that at least 47 Turkish journalists--the largest number of any 
country in the world--remain imprisoned. Four former parliamentarians 
from the now banned Kurdish-based Democracy Party [DEP], including 
Leyla Zana, remain imprisoned. Turkey has pursued an aggressive 
campaign of harassment of non-governmental organizations over the past 
year. The Department of State has found that serious human rights 
problems persist in Turkey and that human rights abuses have not been 
limited to the southeast, where Turkey has engaged in an armed conflict 
with the terrorist Kurdistan Workers Party [PKK] for over a decade.
  Last week, Mr. Speaker, the Congress honored His All Holiness 
Bartholomew, the leader of Orthodox believers worldwide. The Ecumenical 
Patriarchate, located in Istanbul--the city proposed by Turkey as the 
venue for the next OSCE summit, has experienced many difficulties. The 
Ecumenical Patriarchate, has repeatedly requested permission to reopen 
the Orthodox seminary on the island of Halki closed by the Turkish 
authorities since the 1970's despite Turkey's OSCE commitment to 
``allow the training of religious personnel in appropriate 
institutions.'' The Turkish Embassy here in Washington viewed the 
visit, according to its press release, ``as an excellent opportunity to 
forge closer ties of understanding, friendship and cooperation among 
peoples of different faiths and ethnicities.'' Unfortunately, this 
spirit has not characterized the Turkish Government's relations with 
the Patriarchate and Orthodox believers in Turkey.
  Mr. Speaker, the United States should encourage the development of 
genuine democracy in Turkey, based on protection of human rights and 
fundamental freedoms. Those who would turn a blind eye toward Turkey's 
ongoing and serious human rights violations hinder the process of 
democratization in that important country. Poised at the crossroads of 
Europe, the Caucasus, Central Asia and the Middle East, Turkey is well 
positioned to play a leading role in shaping developments in Europe and 
beyond. But to be an effective and positive role model abroad--as some 
have suggested Turkey might be for the countries of Central Asia--
Turkey must get its house in order. Uncorrected, Turkey's human rights 
problems will only fester and serve a stumbling block along the path of 
that country's further integration into Europe.
  It is also important to keep in mind, Mr. Speaker, that Turkey is not 
new to the OSCE process. The Turks are not the new kids on the block. 
Turkey's current President, Suleyman Demirel, was an original signer of 
the 1975 Helsinki Final Act. The time has come for Turkey to focus on 
putting into practice the human rights commitments Ankara has freely 
accepted over the past 22 years.
  The privilege and prestige of hosting an OSCE summit should be 
reserved for participating States that have demonstrated steadfast 
support for Helsinki principles and standards--particularly respect for 
human rights--in word and in deed. Such linkage is not new in the OSCE. 
When, in the mid-1980's Moscow expressed an interest in hosting a human 
rights conference of Helsinki signatory states, the United States and 
several other OSCE countries insisted on specific human rights 
improvements before they would agree to the Kremlin's proposal. This 
approach contributed to a tremendous improvement in Russia's human 
rights record. Should we expect any less from our allies in Ankara?
  For starters, the United States should insist that Turkey release the 
imprisoned DEP parliamentarians, including Leyla Zana, as well as 
journalists and others detained for the nonviolent expression of their 
views; end the persecution of medical professionals and NGO's who 
provide treatment to victims of torture and expose human rights abuses; 
abolish Article 8 of the Anti-Terror Law, Article 312 of the Penal 
Code, and other statutes which violate the principle of freedom of 
expression and ensure full respect for the civil, political, and 
cultural rights of citizens of Turkey, including ethnic Kurds; and 
begin to aggressively prosecute those responsible for torture, 
including members of the security forces.
  A key ingredient to resolving these and other longstanding human 
rights concerns is political will. Developments in Turkey over the past 
few days underscore the sad state of human rights in Turkey. Last week 
we learned of the imprisonment, reportedly for up to 23 years, of Esber 
Yagmurdereli, for a speech he made in 1991. The same day, a three-judge 
panel backed down after police officers accused of torturing 14 young 
people back in 1995 refused to appear in court. Frankly, such 
developments have become almost commonplace in Turkey, dulling the 
appreciation of some for the human tragedy of those involved in such 
cases.
  A decision on the venue of the next OSCE summit will require the 
consensus of all OSCE participating States, including the United 
States.
  The resolution we introduced, Mr. Speaker, does not call for an 
outright rejection of Ankara's bid to host an OSCE summit, but urges 
the United States to refuse to give consensus to such a proposal until 
such time as the Government of Turkey has demonstrably improved 
implementation of its freely undertaken OSCE commitments, including 
their properly addressing those human rights concerns I have touched on 
today. Our resolution calls for the President to report to the Congress 
by April 15, 1998 on any improvement in the actual human rights record 
in Turkey. We should be particularly insistent on improvements in that 
country's implementation of provisions of the Helsinki Final Act and 
other OSCE documents.

  Simply put, Mr. Speaker, Turkey's desire to host an OSCE summit must 
be matched by concrete steps to improve its dismal human rights record. 
Promises of improved human rights alone should not suffice.
  Mr. Speaker, I ask that correspondence between the Helsinki 
Commission and the State Department be included in the Record.

                                        Commission on Security and


                                        Cooperation in Europe,

                                    Washington, DC, July 15, 1997.
     Hon. Madeleine Korbel Albright,
     Secretary of State,
     Washington, DC.
       Dear Madam Secretary: We write to reiterate and further 
     explain our steadfast opposition to Turkey as the venue for 
     an Organization for Security and Cooperation in Europe (OSCE) 
     summit meeting and ask the Department, which we understand 
     shares our view, to maintain the United States' refusal to 
     give consensus to the Turkish proposal that the next summit 
     should be held in Istanbul. We also observe that a rigid 
     schedule of biennial summit meetings of the OSCE Heads of 
     State or Government appears to be unwarranted at this stage 
     of the OSCE's development and suggest that serious 
     consideration be given to terminating the mandate which 
     currently requires such meetings to be held whether 
     circumstances warrant them or not.
       Last November, the Republic of Turkey--an original OSCE 
     participating State--first proposed Istanbul as the site for 
     the next OSCE summit. At that time, we wrote to Secretary 
     Christopher urging that the United States reject this 
     proposal. A decision was postponed until the Copenhagen 
     Ministerial, scheduled for this December, and the Lisbon 
     Document simply noted Turkey's invitation.
       The United States should withhold consensus on any proposal 
     to hold an OSCE summit in Turkey until and unless Ankara has 
     released the imprisoned Democracy Party (DEP) 
     parliamentarians, journalists and others detained for the 
     non-violent expression of their views; ended the persecution 
     of medical professionals and NGOs who provide treatment to 
     victims of torture and expose human rights abuses; and begun 
     to aggressively prosecute those responsible for torture, 
     including members of the security forces.
       In addition, the United States should urge the Government 
     of Turkey to undertake additional steps aimed at improving 
     its human rights record, including abolishing Article 8 of 
     the Anti-Terror Law, Article 312 of the Penal Code, and other 
     statues which violate the principle of freedom of expression 
     and ensuring full respect for the civil, political, and 
     cultural rights of members of national minorities, including 
     ethnic Kurds.
       Regrettably, there has been no improvement in Turkey's 
     implementation of OSCE human rights commitments in the eight 
     months since our original letter to the Department. Despite a 
     number of changes in Turkish law, the fact of the matter is 
     that even these modest proposals have not translated into 
     improved human rights in Turkey.

[[Page E2135]]

     Ankara's flagrant violations of OSCE standards and norms 
     continues and the problems raised by the United States 
     Delegation to the OSCE Review Meeting last November persist.
       Expert witnesses at a recent Commission briefing 
     underscored the continued, well-documented, and widespread 
     use of torture by Turkish security forces and the failure of 
     the Government of Turkey to take determined action to correct 
     such gross violations of OSCE provisions and international 
     humanitarian law. Even the much heralded reduction of periods 
     for the detention of those accused of certain crimes has 
     failed to deter the use of torture. The fact is that this 
     change on paper is commonly circumvented by the authorities. 
     As one U.S. official in Turkey observed in discussion with 
     Commission staff, a person will be held in incommunicado 
     detention for days, then the prisoner's name will be 
     postdated for purposes of official police logs giving the 
     appearance that the person has been held within the period 
     provided for under the revised law. Turkish authorities also 
     continue to persecute those who attempt to assist the victims 
     of torture, as in the case of Dr. Tufan Kose.
       Despite revisions in the anti-Terror Law, its provision 
     continue to be broadly used against writers, journalists, 
     publishers, politicians, musicians, and students. 
     Increasingly, prosecutors have applied Article 312 of the 
     Criminal Code, which forbids ``incitement to racial or ethnic 
     enmity.'' Government agents continue to harass human rights 
     monitors. According to a recent report issued by the 
     Committee to Protect Journalists, 78 journalists were in jail 
     in Turkey at the beginning of 1997--more than in any other 
     country in the world.
       Many human rights abuses have been targeted at Kurds who 
     publicly or politically assert their Kurdish identity. The 
     Kurdish Cultural and Research Foundation offices in Istanbul 
     were closed by police in June to prevent the teaching of 
     Kurdish language classes. In addition, four former 
     parliamentarians from the now banned Kurdish-based Democracy 
     Party (DEP): Leyla Zana, Hatip Dicle, Orhan Dogan, and Selim 
     Sadak, who have completed three years of their 15-year 
     sentences, remain imprisoned at Ankara's Ulucanlar Prison. 
     Among the actions cited in Leyla Zana's indictment was her 
     appearance before the Helsinki Commission. The Lawyers 
     Committee for Human Rights has expressed concern over the 
     case of human rights lawyer Hasan Dogan, a member of the 
     People's Democracy Party (HADEP), who, like many members of 
     the party, has been subject to detention and prosecution.
       The Government of Turkey has similarly pursued an 
     aggressive campaign of harassment of non-governmental 
     organizations, including the Human Rights Foundation of 
     Turkey and the Human Rights Association. An Association forum 
     on capital punishment was banned in early May as was a peace 
     conference sponsored by international and Turkish NGOs. Human 
     Rights Association branch offices in Diyarbakir, Malatya, 
     Izmir, Konya, and Urga has been raided and closed.
       As the Department's own report on human rights practices in 
     Turkey recently concluded, Ankara ``was unable to sustain 
     improvements made in 1995 and, as a result, its record was 
     uneven in 1996 and deteriorated in some respects.'' While 
     Turkish civilian authorities remain publicly committed to the 
     establishment of a rule of law state and respect for human 
     rights, torture, excessive use of force, and other serious 
     human rights abuses by the security forces continue. It is 
     most unfortunate that Turkey's leaders, including 
     President Demirel--who originally signed the 1975 Helsinki 
     Final Act on behalf of Turkey--have not been able to 
     effectively address long-standing human rights concerns.
       Madam Secretary, the privilege and prestige of hosting such 
     an OSCE event should be reserved for participating States 
     that have demonstrated their support for Helsinki principles 
     and standards--particularly respect for human rights--in both 
     word and in deed. Turkey should not be allowed to serve as 
     host of such a meeting given that country's dismal human 
     rights record.
       While some may argue that allowing Turkey to host an OSCE 
     summit meeting might provide political impetus for positive 
     change, we are not convinced, particularly in light of the 
     failure of the Turkish Government to improve the human rights 
     situation in the eight months since it proposed to host the 
     next OSCE summit. We note that several high-level conferences 
     have been held in Turkey without any appreciable impact on 
     that country's human rights policies or practices.
       Promises of improved human rights alone should not suffice. 
     Turkey's desire to host an OSCE summit must be matched by 
     concrete steps to improve its dismal human rights record.
       We appreciate your consideration of our views on this 
     important matter and look forward to receiving your reply.
           Sincerely,
                                             Christopher H. Smith,
                                                      Co-Chairman.
                                                  Alfonse D'Amato,
     Chairman.
                                  ____



                                     U.S. Department of State,

                            Washington, DC, 20520 August 13, 1997.
     Hon. Christopher H. Smith,
     Co-Chairman, Commission on Security and Cooperation in 
         Europe, House of Representatives.
       Dear Mr. Chairman: I am responding on behalf of the 
     Secretary of State to your July 15 letter regarding your 
     concerns about the possible selection of Turkey as the venue 
     for the next summit meeting of the Organization for Security 
     and Cooperation in Europe (OSCE).
       The Department of State shares your concerns about Turkey's 
     human rights record. All states participating in the OSCE are 
     expected to adhere to the principles of the Helsinki Final 
     Act and other OSCE commitments, including respect for human 
     rights and fundamental freedoms. The U.S. Government has 
     consistently called attention to human rights problems in 
     Turkey and has urged improvements. It does not in any way 
     condone Turkey's, or any other OSCE state's, failure to 
     implement OSCE commitments.
       The OSCE, however, is also a means of addressing and 
     correcting human rights shortcomings. As you note in your 
     letter, the issue of Turkey's human rights violations was 
     raised at the November OSCE Review Meeting, and will likely 
     continue to be raised at such meetings until Turkey 
     demonstrates that it has taken concrete measures to improve 
     its record. Holding the summit in Turkey could provide an 
     opportunity to influence Turkey to improve its human rights 
     record.
       As you note, the Turkish government has made some effort to 
     address problem areas, through the relaxation of restrictions 
     on freedom of expression and the recent promulgation of legal 
     reforms which, if fully implemented, would begin to address 
     the torture problem. These measures are only a first step in 
     addressing the problems that exist, but we believe they 
     reflect the commitment of the Turkish government to address 
     its human rights problems. We have been particularly 
     encouraged by the positive attitude the new government, which 
     came to power July 12, has demonstrated in dealing with human 
     rights issues.
       As you know, the fifty-four nations of the OSCE will 
     discuss the question of a summit venue. As in all OSCE 
     decisions, any decision will have to be arrived at through 
     consensus, which will likely take some time to achieve. In 
     the meantime, the Department of State welcomes our views, and 
     will seriously consider your concerns about the OSCE summit 
     site. I welcome your continuing input on this issue, and 
     thank you for your thoughtful letter.
       We appreciate your letter and hope this information is 
     helpful. Please do not hesitate to contact us again if we can 
     be of further assistance.
           Sincerely,

                                               Barbara Larkin,

                                              Assistant Secretary,
                                              Legislative Affairs.

     

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