[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

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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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