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| | Briljant | oeps - 15.03.2002 20:37
Eindelijk: voetballers en bobo´s zijn ook niet meer veilig voor het knuppelgeweld. Het idee alleen al. Jongens die miljoenen per jaar krijgen betaald zijn ook niet langer veilig voor de knoet van de Staat. Oh, ik droom van de dag dat Fortuyn verplicht een Feyenoord-wedstrijd moet bijwonen!
| | kakkerlakken? | 15.03.2002 21:42
| | Turkse politie bedoel je? | 16.03.2002 02:48
Niet echt. De Europesche pers zegt altijd dat de doodstraf in Turkijke al 14 jaar niet wordt uitgevoerd terwijl er 100den mensen zijn vermoord in de Turkse gevangenissen...
Het zijn fascitische moordenaars en de Turkse staat is een terroristische staat, geleid door fascisten met mede weten van de Europesche staten en de uSSa
* News Release Issued by the International Secretariat of Amnesty
International *
19 February 2002
EUR 44/012/2002
29/02
The following briefing summarises Amnesty International´s
concerns regarding Law No. 4744 (so-called "Mini-Democracy
Package") adopted by the Turkish parliament on 6 February 2002.
This law was passed to adjust some Turkish laws to constitutional
amendments made in October 2001 in the process of preparing for
EU accession.
While the organization welcomes some elements of this
law, it remains concerned that the law falls short of Turkey´s
international human rights obligations and that the Turkish
government has not introduced sufficient safeguards for freedom
of expression and effective measures against the persistence of
torture in custody.
Still no guarantees for freedom of expression
Four articles in Turkish law, related to freedom of expression,
were amended by Law No. 4744. Three of these articles have been
notorious in the past through their use to bring dissidents
before a court or into jail.
For example, Article 8 of the Anti-Terror Law carries
prison terms of between one and three years for so-called
"separatist" propaganda without advocating violence. Instead of
using this opportunity to abolish this article, the Turkish
parliament has broadened its scope and increased penalties. In
addition to "written and oral propaganda with the aim of
violating the indivisible integrity of the state with its
territory and nation", visual propaganda will now also be
punishable by one to three years´ imprisonment if "the act does
not require a heavier penalty" (the last quote is a new addition
under Law No. 4744). A further addition to the legislation is:
"If this act is committed in a form that encourages the use of
terrorist methods the sentence will be increased by a third."
This not only increases the sentence but also clearly indicates
that "separatist" propaganda will be penalized even if the use of
violence is not advocated. The academic Fikret Baskaya remains in
prison since June 2001, sentenced under Article 8, for writing an
article on the Kurdish issue.
Article 8 has come under criticism from the EU and other
members of the international community, and thus has been less
often applied in recent years. However, human rights defenders,
politicians, writers, journalists and many others who have
expressed dissident views on the Kurds or Islam have increasingly
faced trials and convictions under Article 312/2 of the Turkish
Penal Code, which carries prison terms of between one and three
years for incitement to enmity and hatred based on religious,
ethnic, social or regional difference. On one hand, the new law
has narrowed the use of this article by introducing the condition
"that the incitement was done in a form that could endanger
public order" (previously this condition was a reason for an
increase of the sentence). Amnesty International welcomes this
amendment, but remains concerned that the wording is still too
broad, allowing courts to continue to interpret the article in a
way which contradicts Turkey´s human rights obligations. Also,
the law introduced "insulting a segment of the population or
people´s honour" as a new offence.
Amnesty International also welcomes the narrowing of
Article 7 of the Anti-Terror Law, which carries sentences of
additional one to five years´ imprisonment for helping
organizations or making propaganda for illegal organizations
"even if these activities constitute another crime". This article
has been narrowed by the introduction of the condition "in a form
that encourages the use of terrorist methods". However, the
definition of terror in the same law is very broad and has not
been amended.
Another article that has frequently been used to
prosecute human rights defenders is Article 159 of the Turkish
Penal Code. Since 21 March 2001, women and men -- who denounced
rape in custody at a conference held in June 2000 -- have been on
trial charged with having insulted the security forces. Amnesty
International is disappointed that the scope of the article was
not altered. The only change was the reduction of the maximum
sentence from six to three years´ imprisonment. Since the maximum
sentence has rarely been applied, this change seems to be
insignificant in practise.
Amnesty International repeats its urgent call to the
Turkish authorities for a thorough review of Turkish law and the
country´s constitution in order to lift all restrictions on the
right to peacefully express opinions and in order to prevent the
law being interpreted in such a way as to extend such
restrictions. All prisoners of conscience should be released
immediately and their rights reinstated.
Still no safeguards against torture
Torture remains widespread and systematic in Turkey, despite the
country´s international obligations. One of the factors
contributing to the persistence of torture is the long detention
by police or gendarmerie, together with the ongoing practice of
incommunicado detention for people suspected of committing crimes
that fall under the scope of State Security Courts. These
detainees could until recently be held for up to seven days in
police or gendarmerie custody and -- in the Region under State of
Emergency -- for up to 10 days.
Following the constitutional amendments in October 2001,
Law No. 4744 reduced the maximum length of police and gendarmerie
detention before detainees are brought before a judge to four
days. In the Region under State of Emergency, this four-day
period may be extended to seven days upon the request of the
prosecutor and the decision of a judge.
Amnesty International welcomes this amendment which seeks
to ensure that people deprived of their liberty will be brought
before a judge within four days, in accordance with international
fair trial standards. However, the organization considers that
the amendment falls short of Turkey´s obligations to introduce
safeguards against torture.
Amnesty International is publishing a report documenting
torture cases related to the persistence of further prolonged
police and gendarmerie detention, which are occurring even after
the constitutional amendment entered into force. This prolonged
detention is still legally possible under Legal Decree No. 430
for the Region under State of Emergency and this decree has not
been abolished or amended.
Law No. 4744 has also reduced the length of incommunicado
detention, that is when the detainee has no contact to people
from the outside world such as relatives and lawyers. Previously,
such detainees suspected of crimes in the scope of State Security
Courts could only see a lawyer after four days: now the period
has now been reduced to 48 hours. Since in the majority of
reported cases, torture apparently occurs within the first 24
hours of police or gendarmerie detention, the amendment is
clearly an insufficient step to effectively combat torture.
Amnesty International has also repeatedly documented that, in
practice, incommunicado detention is often even longer.
The UN Special Rapporteur on torture and the European
Committee for the Prevention of Torture have clearly stated that
detainees should only be held in custody for up to four or seven
days if they have prompt access to a lawyer, possibly of their
own choice, and if such an extension of police custody is ordered
by a judge, before whom the detainee should be brought in person.
Amnesty International urges the Turkish authorities to
abolish incommunicado detention in law and to introduce clear
guidelines to ensure that all detainees have, in practice,
immediate access to legal counsel. In addition, detention should
only be extended after a judge has seen the detainees personally
and made sure that they are not being tortured or ill-treated.
For more information please see:
Turkey: Torture and prolonged detention in the Region under State
of Emergency, February 2002, AI Index: EUR 44/010/2002
Turkey: Constitutional amendments - Still a long way to go,
January 2002, AI Index: EUR 44/007/2002
Turkey: An end to torture and impunity is overdue!, October 2001,
AI Index: EUR/072/2001
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