AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 30 September 1999, two representatives of the Izmir Branch of the Human Rights Foundation of Turkey (HRFT), Dr. Alp Ayan, a psychiatrist, and Gunseli Kaya, a secretary, were arrested after taking part in a demonstration at the funeral of Nevzat Ciftci, one of ten prisoners murdered in Ankara Central Prison on 26 September 1999. The group was violently disbanded by gendarmes who detained scores of demonstrators, fourteen of whom were arrested. The detainees are accused of resisting the gendarmes and producing propaganda at the funeral of a member of an illegal organization.

Witnesses reported that Dr. Ayan was severely beaten and had his car was destroyed by the gendarme. Dr. Ayan and Ms Kaya are due to stand trial for "terrorist propaganda." The gendarmes' minutes state that Dr. Ayan and Ms. Kaya are provocateurs. A trial date has not yet been set.

The detainees are being prosecuted under Article 526 of the Turkish Penal Code, which requires between three and six months imprisonment for persons who "disobey an order issued for the protection of public order, provided that the order in question is given in a manner in conformity with laws and regulations". On 3 October, the Aliaga Principal Criminal Court decided that Dr. Ayan, and some others would be prosecuted under Article 32,3 of the Law of Meetings and Demonstrations, which requires imprisonment terms between three and five years for those who react to the decision of security forces to dispel the meetings and demonstrations with "coercion, violence, threat or resistance," and Articles 7, 2 of the Anti-Terror Law which requires imprisonment between one and five years for those who aid "members of terrorist organization [sic] and disseminate the propaganda of that organization." The decision of remand was issued under Article 104 of the Penal Procedural Code (CMUK), stipulating that the defendants who are "suspected to obscure the evidence shall be remanded."

The Human Rights Foundation of Turkey operates centers for the treatment of torture survivors in four Turkish cities, Adana, Ankara, Istanbul and Izmir. As well as operating centers for the treatment and rehabilitation of torture survivors, the HRFT monitors human rights violations in Turkey. It is recognized internationally as one of the few reliable sources of human rights information in the country. In 1996 and 1997, the AAAS Science and Human Rights Program attended a number of trials launched against the HRFT. Its founding members were brought to trial in connection with the publications of HRFT, and physicians from its Istanbul and Adana branches were accused of operating illegal medical facilities.

The arrest and beating of Dr. Alyan and the arrest of Ms. Kaya, along with other protesters, constitute serious violations of international human rights. Turkey has an obligation to recognize the rights enumerated in the Universal Declaration of Human Rights (adopted by the United Nations without opposition in 1948), and the European Convention for the Protection of Human Rights and Fundamental Freedoms. These rights include:

• The right to freedom from torture or from inhuman or degrading treatment or punishment;
• the right to freedom of thought, conscience, and religion;
• the right to freedom of expression; and
• the right to freedom of peaceful assembly and to freedom of association.

RECOMMENDED ACTION:

Please send telegrams/faxes/telexes:

• Expressing deep concern about the beating of Dr. Alyan, his arrest and the arrests of the other members of the group;
• calling for a prompt, thorough and impartial investigation into all reports of police brutality;
• calling for a fair and impartial trial based on the findings of the investigation; and
• requesting the release of those who have been remanded.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Mr. Suleyman Demirel
President
Cumhurbaskanligi Kosku
Cankaya-Ankara
Fax: (90) 312-468 50 30


Mr. Bulent Ecevit
Prime Minister
Basbakanlik
06573 Ankara, Turkey
Fax: (90) 312 417 0476
Prof. Dr. Hikmet Sami Turk
Minister of Justice
Adalet Bakanligi
06659 Ankara, Turkey
Fax: (90) 312 417 3954 or 418 5667

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