[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

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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.

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