From: DHKC <[EMAIL PROTECTED]>
Date: Tue, 15 Jan 2002 00:33:04 +0200
To: [EMAIL PROTECTED]
Subject: news about the f-type prisons
Dear
As concerns the death fast resistance against the F-type prison cells in
Turkey, there are new and very important developments at this moment.
In this e-mail we're going to send you a translation of all statements and
press articles in connection with the proposal of four great Bar
Associations in Turkey for a solution to end the isolation and the deaths
in the prisons and outside.
The proposal suggests to enable 9 prisoners to be together, opening the
doors of 3 cells for each 3 prisoners. Since the massacre in the old
prisons in December 2000, which was called "Operation for the Return to
Life" and ended with the death of 28 prisoners and 2 soldiers (killed by
special trained police and gendarme units), the political prisoners who
survived are held under isolation in the F-types in cells for maximum 3
people.
The proposal of the Bar Association named "Three Doors-Three Locks" is
supported by the most important civil society institutions and democratic
mass organisations. If the government of Turkey agrees with this proposal,
it could come to an immediate solution of the question, the end of
isolation and the end of the deaths. Until today 85 people, lost their life
while resisting the isolation torture.
Despite of it Justice Minister Hikmet Sami Turk keeps on insisting in his
human degrading project, and once again opposes any kind of attempt to find
an acceptable solution for the problem.
We urge you to take this new and important chance for taking urgent actions
in support with the prisoners, and to make public the recent situation
everywhere, for a solution and in order to stop the deaths.
Solidarity and success for the year 2002,
____________________________________________________________________________
________________
(Adapted from the statement of the Platform for Rights and Freedom)
HIKMET SAMI: "TO KEEP OPEN THREE DOORS WOULD MEAN TO RETURN TO THE
DORMITORY SYSTEM"
Justice Minister Hikmet Sami Turk said that there were legal obstacles to
the proposal by four Bar Associations' chairmen "to leave the door locks in
corridors with three rooms open during the daytime". Hikmet Sami also
stated that "Article 16 of the Anti-Terrorism Law permits those imprisoned
only to come together in the social areas". Turk, who explained that it is
the "possibility of coming together during common beneficial activities"
which is accepted within the law, further said "The corridors aren't a
common living area. The aim of the corridors is it to provide access. Those
are not places where prisoners can come together".
____________________________________________________________________________
______
January 9, 2002 / Milliyet
Is the comment by the Minister more important than human life?
The chairman of the Bar Association Yucel Sayman warned Minister Turk, who
had commented on the proposal "open three doors and three locks, the deaths
must end" with "there's a legal obstacle". Sayman stated: "People are
dying, following this interpretation ".
BELMA AKCURA Istanbul
The fact that Justice Minister Hikmet Sami Turk sees Article 16 of the
Anti-Terrorism Law as an obstacle to the proposal of the four Bar
Associations' chairmen in order to end the death fasts in the F-type
prisons, was seen by the jurists as "a false interpretation of the law".
Turk, who doesn't welcome the proposal of the chairmen of the Bar
Associations of Ankara, Izmir, Istanbul and Antalya which would put an end
to the death fasts, declared "Article 16 of the Anti-Terrorism Law just
permits those in the F-type prisons to come together at the social areas" .
The jurists recalled that Article 16 has been changed in order to guarantee
humane living conditions in the prisons and to put an end to the death
fasts and expressed the view: "Now, after removing a legal barrier, you
cannot defend the prisons that were established by you according to Article
16 of the law."
The chairman of the Istanbul Bar Association, Yucel Sayman, said that a
legal commentary which leads to the death of people cannot be made, and
stated: "As a government they are obliged to ensure that the death
of people is prevented. Even if the Minister were right in his commentary,
even if he were the best jurist ever, people are dying as a result of such
a commentary. And in our opinion the minister is making a false
interpretation of the law." Sayman further stated that Article 16, which
has been given as a reason by the minister in its previous form didn't
permit people to come together, but that this would be possible with the
amendment made to it. Also, the lawyer Fikret Ilkiz made the following
comment: "The minister says 'the proposal does not conform to Article 16'.
But the basic aim of the amendment to Article 16 was to put an end to the
hunger strikes, to create an atmosphere that guarantees life in humane
conditions and to create prison conditions which are in accordance with
human rights and freedoms. Now is it possible to see a law which was made
for this purpose as an obstacle to continuing life in the prisons in the
best possible way and to end the death fasts?"
____________________________________________________________________________
______
Support for 'Three Doors Three Locks'
January 8, 2002 / Yedinci Gündem
ADANA - Chairman of the Adana Branch of the Association of Contemporary
Jurists (CHD), Lawyer Siar Risvanoglu, declared that the state remains
indifferent to the proposal of "Three Doors, Three Locks", and said that
the Minister of Justice is not concerned about finding a solution.
Lawyer Siar Risvanoglu, who gave a press statement before the Adana Branch
of the CHD yesterday said that prison problems are increasing day by day,
and that the institutions concerned still haven't found a solution to the
question despite a long time elapsing. Risvanoglu expressed the view that
the proposal "Three Doors Three Locks" which has been developed by the
chairmen of four Bar Associations to solve the problems of the death fasts
and the F-type prisons, were wrongly interpreted by the Minister of
Justice, and said that this proposal for a solution has to be receive a
response.
_____________________________________________________________________Cumhuri
yet
(daily newspaper in Turkey)
January 10, 2002
The Justice Minister Turk suggested that 10 convicts at a time could be
allowed five hours a week to talk to each other
Rejection of "Three doors, three locks"
The Justice Minister Turk has brought about and publicised a circular,
containing the conditional offer, in connection with death fasts that have
gone on for a year and a half, that as many as 10 people at a time can meet
for five hours a week, conditional upon the death fasts coming to an end.
The circular also gives convicts conditions for engaging in social
activities.
ANKARA (Cumhuriyet office) - The Justice Minister Hikmet Sami Turk,
rejected the Ankara, Antalya, Istanbul and Izmir bars proposal for ending
the "Three door, three locks" proposal for ending the death fasts in the
F-Type prisons, citing legal obstacles. Turk came up with a
"pre-conditional" offer for ending the actions which have gone on for a
year and a half. According to this, it would be determined that conditions
were to be created for a maximum of 10 people to come to the areas for five
hours a week "to convalesce, for education, sport, occupational training
and building work" activities. However, a "selection commission" would
decide who would go to such an area, and there was no clarity about what
criteria it would follow. At a press conference yesterday, Justice Minister
Turk evaluated the ongoing hunger strikes and death fasts in the F-Type
prisons. Turk said that in the F-Type prisons eight persons were on hunger
strike and 142 were on death fasts. Turk stated that the "Three Doors,
Three Locks" suggestion by the Ankara, Antalya, Izmir and Istanbul bar
chairmen, which would give a total of nine convicts and prisoners the
ability to come together in an area, should be criticised because it was
sent to the media but not sent in as an official application. Re the
proposal, Turk noted from the point of view of the law and practicability
that the corridor was not seen as an area for communal living. Turk said
that Paragraph 16 of Turkey's Basic Law created legal obstacles to the
proposal, adding "The way things are set up rather goes against such a
proposal. Even if we said there were no legal obstacles, it is not
convenient from the point of view of the physical construction and security
considerations of F-Type prisons." The Justice Minister noted that if the
terror organisations had the courage to take the first step of ending the
action, "We are thinking of giving groups of 10 prisoners and convicts at a
time the possibility of coming together for five hours a week to chat," he
said. Turk announced that "if the actions come to an end," a circular can
be immediately prepared to put this into practice. Justice Minister Turk
announced that all prison administrations had been told not to hinder
physical possibilities for people to meet for five hours and see each other
openly.
Turk said the F-Type prisons met international standards and it was
necessary to end the actions, adding that "Everyone who wanted to resolve
the situation should be helpful to the Justice Ministry."
_____________________________________________________________________
Cumhuriyet January 11, 2002
"F-TYPE" CIRCULAR READY
Good conditions for having conversations
**According to a circular from the Justice Ministry to be distributed
conditional upon an end to the death fasts, at least one area must be added
on for convicts and prisoners who want to meet for a chat, to convalesce,
for educational, sporting, occupational training or building work purposes.
But a selection commission will determine who will come to an area to meet
for a conversation. For this reason not everyone will be able to come to
such an area who wants to.
ILHAN TASCI
ANKARA - The Justice Ministry has prepared a circular to be issued
conditional upon the hunger strikes and death fasts ending in the F-Type
prisons. The Justice Minister said that he would sign such a circular on
condition of the actions ending, providing for a maximum of 10 persons who
are to be determined by a "selection commission" to be able to come
together to converse for five hours a week. Justice Minister Hikmet Sami
Turk said the circular was prepared in connection witha proposal to bring
an end to the hunger strikes and death fasts. He noted that the text of the
circular would be settled and it would be issued when the condition of the
death fasts ending was met.The circular would be put into effect and sent
to all administration offices and chief prosecutors' offices with the
signature of Justice Minister Hikmet Sami Turk if the condition of the
actions ending was met. In the circular prepared by the Justice Ministry,
preconditions were to be met for prisoners and convicts to meet to converse
or engage in education, sports, occupational training, building work or
other social and cultural activities. This is what is said in the circular,
to be issued conditional upon the actions ending:
At the back of page 17
Good conditions for holding a conversation
Heading on page 1
"An area or other common space seen as convenient for a group not exceeding
10 convicts and prisoners who wish to do so, to be chosen by a selection
commission, is to be set up in conformity with the known conditions so they
can meet for a conversation or other activities in the space of a week for
a period of time not exceeding five hours, under supervision of the
administration who will be officially informed. The administration will
ensure that there is no interference with face to face meetings, lawyers
and visitors during the total of five hours organised in the course of the
week." The chair of the Ankara Bar Sadik Erdogan said that the Ministry's
proposal had taken the first step by abandoning the idea of "Definitely
not." The new suggestion had created growing hope for a solution. "The
Minister's proposal has opened a new horizon," he said. Erdogan said, "The
Ministry and Minister who said under no conditions would they take a step
back, have taken a step forward with this proposal. Everyone is waiting for
the death fasts to come to an end as soon as possible." Istanbul Bar
chairman Yucel Sayman, who did not join in the criticism of his bar's
"Three Doors Three Locks" proposal which he had learned about from the
media, noted that a visit was made to the Ministry, "hoping for a
solution". Sayman stressed that he did not act as a mediator or for the
Justice Ministry when he put the proposal forward, but indicated that he
had shared the proposal with public opinion while acting in an independent
capacity.
_____________________________________________________________________
Support for "Three Doors Three Locks"
**Cultural Service - The chairman of Turkey's branch of The International
Writers' Association (PEN) Ustun Akmen assessed that the joint proposal by
the bars for "three doors three locks" was perhaps the last chance for a
solution of this issue. Akmen said that "If the Justice Ministry were to
show common sense, the death fasts which have gone on for nearly a year and
a half could end."
International Law Association
_____________________________________________________________________Ozgur
Politika
January 11, 2002
Insistance in the 'Three Doors, Three Locks'
MHA / İSTANBUL
Civil society organisations, trade unions and political parties have
started campaigning for signatures, which should be presented to the
Minister of Justice, in order to get implemented the 'Three Doors, Three
Locks' proposal which aims at the ending of the death fasts. Also the
Istanbul Bar Association and the Artists Initiative called the Ministry to
accept the proposal.
In the anouncement of the camaign it was said "We, as defenders of Human
Rights, are hopeful that the deaths fasts which have continued for seasons
will end, because of the fact that the 'Three Doors, Three Locks' proposal
initiated by the Bar Associations of Istanbul, Ankara, Antalya and Izmir
was also accepted by the prisoners".
Regarding Minister of Justice Hikmet Sami Turk's refusal of the proposal
towards the unification of three rooms for each three persons in the F-type
prisons, the chairman of the Istanbul Bar Association, Yucel Sayman said
"The decision of Justice Minister Hikmet Sami Turk is not juridicial but
political."
A group called the 'Artists Initiative', amongst them Edip Akbayram, Suavi,
Ataol Behramoğlu, Orhan Alkaya and Rutkay Aziz visited the Chairman of the
Bar Association Yucel Sayman.
During the visit Sayman said, "The Minister said that the proposal was
contrary to article 16 of the Anti-Terror-Law. We think that this is not
the case. The decision of the Minister is not juridically but political.
Even if it seems to be juridically it is political. Our aim is to produce a
solution", noting that the Justice Minister doesn't look sympathetically
upon the 'Three Doors, Three Locks" proposal. The artist Suavi said that it
was possible to create again new solutions to end the death fasts, but that
there was not enough time for this.
_____________________________________________________________________
Yedinci Gundem
January 10, 2002
'Not political, political'.
İSTANBUL - After the form 'Three Doors, Three Locks' proposed by four Bar
Associations was met with a negative response by the Minster of Justice,
artists visited the Istanbul Bar association and stated that they were
supporting the proposal.
Today at 12:30 p.m Edip Akbayram, Rutkay Aziz, Ateol Bahremoğlu, Bilgesu
Erenus, Dilek Gökçin, Erdal Öz, Vecdi Sayar, Zeynep Tonbay, Orhan Alkaya,
Üstün Arman and Suavi visited Yucel Sayman, the chairman of the Bar
Association in the name of the Artist Initiative.
The artists said that they did not understand the reasons of the Justice
Minister, for not accepting the form 'Three Doors, Three Locks'. Suavi made
it clear that after this moment no technical solution will be possible to
stop the deaths and said "We haven't got time for a new project, it is
much too late actually. People are dying. We have to insist in the 'Three
Doors, Three Locks' proposal.
Sayman said also "our proposal is not contrary to article 16. The first
draft of article 16 forbid our proposal. But the article was changed. That
means article 16 suggests at least to end the isolation".
_____________________________________________________________________
Yedinci Gundem
January 11, 2002
ANKARA - .To make the Minister of Justice accept the statement which is
seen as a beacon of hope for a solution of the F-type prison question, an
open press meeting will be held tomorrow. The institutions participating in
the meeting are the Ankara Branche of the IHD, the Ankara Branche of the
Association of Progressive Jurists, TAYAD (Solidarity Association of the
Prisoners' Families), Ankara Branche of the Cultural Association Pir Sultan
Abdal, the Initiative of Intellectuals and Artists, the platform of the
Ankara Branches of the People's Houses, platform of the Ankara Branches of
KESK, Executive Committee for the region Ankara of the Genel-İş Trade
Union, Ankara Branche of the Tüm-Tis Trade Union and provincial Executive
Committee of the Peace Party in Ankara, HADEP, EMEP, ÖDP and Provincial
Executive Committee of the TKP in Ankara.
_____________________________________________________________________
Radikal
January 12, 2002
AHMET ŞIK/,
ISTANBUL - The complaint of the prisoners who claimed that they were
subjected to torture during the transfers following the operations for the
'Return to Life' ended with the decision of no prosecution. The file of 65
people, of which some claimed to having being raped with a truncheon at the
Kandira F type prison, was closed even before examining the medical
reports, with the reason of "lack of evidence". 65 of those prisoners who
were transferred to the F type prison of Kandira after the operations for
the 'Return to Life' on the 19th of December 2000, were going before court
with the allegation that they were subjected to torture while being
separated into two groups. Eight of the prisoners who claimed that they
were beaten up by the soldiers and guardians at the prison to which they
have been transferred during and after the operation, also affirmed that
they were raped with truncheons. At the end of the investigation the Public
Prosecution Office of Kandira decided not to prosecute with the reason that
there was no other evidence than the allegations of the suitors. The
attorney of the victims, Gulizar Tuncer, protested that the testimony of
most of the complainants wasn't even taken. Tuncer said : "It's incoherent
with the law that only the testimony of guardians and soldiers are taken.
Except of one, the testimony of my clients wasn't taken, the witnesses
weren't listened to... But the prosecutors gave such a decision without
even finding it necessary to examine those reports."... Gulizar Tuncer, who
stated that she wasn't even informed about the decision of no prosecution
although her address is known, went before a higher court and appealed
against the decision.
"There exists torture reports"
Tuncer, who claims that the prosecutors were not fulfilling their duty of
collecting evidence, said: "It is contrary to the law to decide not to
prosecute with the reason of a lack of evidence. Although the medical
reports of my client regarding being tortured were inside the files, the
prosecutors ignored this evidence".
_________________________________________________
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