Torture and Ill-treatment

Legal and Administrative Measures
Following the summit at the UN on 14 September Foreign Minister Abdullah Gül signed for Turkey the Optional Protocol to the Convention against Torture. The Protocol had been opened for signature on 4 February 2003. The number of signatory countries reached 12 with Turkey. However, the Protocol will only enter into force after 20 countries have ratified it. Turkey had ratified the UN Convention against Torture (CAT) in 1988.
The Turkish Penal Code (TPC) and the Criminal Procedures Code (TCPC)
In January the General Directorate for Security conducted a seminar for all chiefs of police presenting information on the new penal code and the code for criminal procedures. Dr. Cumhur Şahin and Dr. M. Bedri Yılmaz from the Police Academy said that under new legislation it was necessary to inform the prosecutor immediately of any detention. During the seminar the following amendments were stressed:
- public places cannot be searched at night; during searches the owner of the premises has to be present; confiscations can only be made on a judge's order;
- if the court demands, confidential information (State secrets) will be handed over; only the court will inspect the documents;
- witnesses can be called to testify via summons, telephone, telegram, facsimile, e-mail;
- measures will be taken to keep the identity of witnesses secret and care will be taken for their security;
- the examination of female prisoners will (as far as possible) be done by a female physician;
- in cases requiring heavy imprisonment the period for remand will be restricted to 2 years; in cases that have an upper sentence of 3 years' imprisonment the defendant can be held under control instead of being remanded;
- the defendant is obliged to answer question on identity correctly;
- the defendant is informed of their right to choose a lawyer, benefit from legal aid and to have the right of a lawyer being present during interrogation;
- if a defendant is not able to choose their lawyer, the bar association will appoint one; relatives will be informed immediately of a detention; the defendant is reminded of the right not to make a statement on the offence;
- the defendant can demand that concrete evidence is gathered to be disburdened of the suspicion;
- information on the personal and economic situation of the testifying or interrogated person is gathered;
- interventions that prevent the free will of the defendant such as ill-treatment, torture, medication, tiring, deception, force or threats are forbidden;
- the defendant will not be promised an illegal advantage; statements that are not signed in the presence of a lawyer do not count as evidence unless they are repeated in front of a judge or in court;
- under Article 256 of the new TPC the authority to use force is restricted to being attacked; force will only be used to disperse a demonstration; anything beyond this aim will be tried as causing bodily harm; force will be used to the effect to take a suspect to the prosecutor or the court;
For the implementation of the new code of criminal procedures seven regulations entered into force on 1 June. After the date for the entry into force of new legislation (1 June instead of 1 April) many positive provision concerning the rights of defendants and witnesses were withdrawn under criticism of the police.
Regulation on Judicial Uniformed Forces
This Regulation introduced the judicial police for the first time. Judicial uniformed forces have to be established within the General Directorate for Security, the General Command of the Gendarmerie, the Command of Coastguard and the General Directory for Customs. The judicial uniformed forces are to be the first institution to deal with orders from the prosecution. To get expertise the personnel at the judicial uniformed forces should work at the same place, if possible.
Regulation on Judicial and Preventive Searches
The new provisions had envisaged that a judge's order was necessary for searches, but the "exception" of "in case of danger in delay the prosecutor or leading police officer can allow searches" was added. The leading officer may not allow searches of flat, shops and other closed areas.
According to the Regulation are entitled to body search persons that have been apprehended on a judge's or prosecutor' decision. The uniformed forces are entitled to control, hotels, pensions, places of entertainment and coffee shops with the aim to secure law and order. Places that show films and videos against the constitutional order or general moral will constantly be observed.
In line with criticism of the police the uniformed forces can conduct preventive searches on areas of demonstrations and meetings, before gathering of political parties and trade unions, in educational institutions, youth hostels, and public means of transport or stadiums. Houses and shops will not be searched at night. Offices of lawyers can only be searched in the presence of a prosecutor.
Regulation to Apprehend, Detain and Take Testimony
The Regulation details the conditions for detention of up to 24 hours for people who cannot identify themselves.
The apprehended person is informed about the reason of apprehension, the charges and the right to remain silent, ask for a lawyer and object to the apprehension.
Interventions that prevent the free will of the suspect such as ill-treatment, torture, medication, tiring and other forms of physical or mental interventions are not allowed. Statements that are obtained in forbidden ways cannot be counted as evidence even if there was acceptance.
As long as the physician does not ask for it members of the uniformed forces may not be present during examination.
In accordance with the principle of innocence until found guilty the uniformed forces are not allowed to present detainees to the press.
The maximum length of detention is 24 hours, plus a maximum of 12 hours that it may take to bring the suspect to the closest judge or court. According to Article 250(1) of the TCPC the maximum length of detention in organized crimes is 48 hours.
If offences are committed by many people or because of difficulties in gathering the evidence the prosecutor is allowed to prolong the detention for a maximum of three times, one day each. The order is given in writing and the detainee is informed immediately. Nobody can be held for longer periods without an order of a judge.
In connection with the offences described under Article 250(1) TCPC and in areas in which emergency legislation has been announced according to Article 120 of the Constitution the periods of 4 days may be prolonged to 7 days on demand of the prosecutor and decision of a judge. The apprehended or detained person is heard before the judge makes a decision.
In January the Supreme Administrative Court cancelled the provision of waiting "for an adequate period of time" for a lawyer before the interrogation starts. The 10th Chamber of the Court replaced this provision with establishing the time according to the distance of the lawyer to the detention place the possibilities of transport and other elements.
The Supreme Administrative Court also annulled the provision that one out of four copies of the medical report is kept at the detention center.
In December the Supreme Administrative Court cancelled the provision in Article 22 (1) of the Regulation that demanded permission of the prosecutor of lawyers wanted to inspect the investigation file.
Besides these regulations the Regulation on Lists of Experts to the Provincial Justice Commission established according to the Code of Criminal Procedures, the Regulation on Criminal Tools, the Regulation on Offices of Public Chief Prosecutors and the Regulation on Physical Examination, Genetic Inspected and the Establishment of Physical Identity entered into force on 1 June.
Torture Prevention Group
Following the decision to cancel the Project on the Role of Jurists in Preventing Torture and the stop of activities of the Torture Prevention Group which İzmir Bar Association had taken on 7 December 2004 the room of the group was emptied in the night of 9 January and 535 files on torture were confiscated. Bahattin Özdemir, chair of the İzmir branch of the Association of Contemporary Jurists (ÇHD) and member of the Torture Prevention Group, criticized the action during the night. He said that they had not been able to enter their room through the door and only got in over the balcony. They had no knowledge about what happened to the 535 files. He added:
"There is an obligation to stick to the confidentiality between the lawyer and their clients. These files should not be given to anyone else. In 120 of the cases trials have been initiated and are continuing."
The human rights organizations Mazlum Der and HRA also criticized the act. Yusuf Alataş, chair of the HRA said:
"We were disappointed when the Torture Prevention Group that had conducted activities that might have been an example to other bar associations and NGOs and expected that the decision would be taken back. Now we learned from the press that the locks of the door were broken and files on torture were confiscated. We want anyone to know that we are very disappointed and protest the decision and behavior that creates the impression of opposition to efforts of observing, detecting and preventing torture in our country."
In January Amnesty International sent a letter to Nevzat Erdemir, chair of İzmir Bar Association expressing its concern about the closure of the Group to Prevent Torture. It called the measure a backward step in the attempt to secure justice for torture victims and demanded that the decision should be reviewed.
The lawyers from the group held a press conference on 28 February and alleged that the February edition of İzmir Bar Association bulletin had insulted them. Speaking at the conference lawyer Ercan Demir said:
"The report on the project "The Role of Jurists in Preventing Torture" was finally printed but included some faults and falsification. The cover of the February edition of the bulletin report said "Hurting facts in the document of surrender to the EU" and "Euros shared under the cover of preventing torture" were an insult to the 250 lawyers that participated in the project." Lawyer Mehdi Akdöl said:
"Looking at the bulletin it appears that lawyers working on decision of the bar association carried out activities of an illegal gang and looted the money for their private benefit. We have launched an official complaint and asked for material and moral compensation."
Mehdi Akdöl reminded that Nevzat Erdemir, chair of İzmir Bar Association, had rejected the demand of 1,146 lawyers to hold an extraordinary general assembly (without election) and argued that this was a violation of Article 83 of the Law on Lawyers. We shall launch an official complaint against the chair of the bar association on the allegation that he did not carry out his duty properly.
İzmir Administrative Court No. 4 decided in August to stop the rejection to hold an extraordinary general assembly from being implemented. The board of İzmir Bar Association appealed against this decision. Until the end of 2005 this case had not been determined.
The Torture Seminar
The Seminar for Physicians and Jurists on Ill-treatment and Torture to be held by the Forensic Institute with support from the European Commission was cancelled without any reason. The Turkish Medical Association (TTB), the Medical Foundation for the Care of Victims of Torture, the Association of Forensic Experts and the Human Rights Foundation of Turkey (HRFT) as organizers and trainers during the seminar waited for an explanation from the Justice Ministry. Metin Bakkalcı, deputy chair of TTB stated that they had been informed in the evening of 24 May that the seminar was cancelled but official institutions had not provided further information. Therefore, they had gathered at the Euro Plaza Hotel in the morning of 25 May. Sherman Carrol from the Medical Foundation for the Care of Victims of Torture, too, was disappointed at the decision to cancel the seminar for which many people had prepared themselves and hoped to get an explanation from the Justice Ministry.
The Justice Ministry denied to have been among the organizers of the seminar and stated that details on the place of the seminar and accommodation for the participants had not been provided.
Human Rights' Presidency and the Prime Ministry
On 3 March Vahit Bıçak, Human Rights President at the Prime Ministry, held a press conference and provided details on application they had received in 2004. He stated that 354 people had directly approached the Presidency, 466 people had applied to the councils in the provinces and 27 persons had applied to the councils in the districts. He added that among 1,634 allegations complaints about torture and ill-treatment had been leading. In 2003 the number of torture and ill-treatment complaints had been 158.
Vahit Bıçak added that most complaints had been directed at the police (15.6%) and 10% had been directed against the ministries. 5.5% of the complaints had come from the prisons and 5.8% had been directed against the gendarmerie.
At the end of the year the Human Rights' Presidency at the Prime Ministry issued figures for the first 9 months of 2005. Most of the 1.105 complaints had come from the working life to be followed by problems of property and health. Ill-treatment had ranged at the 9th place and torture at place 17.
On 1 February the daily Radikal published an article referring to data of the General Directorate of Security. It said that there had been an increase of trial related to torture and ill-treatment between 2003 and 2004. There had been 3.3% cases more in 2004 while internal investigations against police officers had gone down by 39.66%.
In 2003 three police officers had been convicted on ill-treatment and in 2004 there had been one conviction. There had been no conviction for torture. In 2004 a total of 243 police officers had been indicted for ill-treatment and 13 police officers for torture. In 2003 a total of 218 police officers had been indicted for ill-treatment and 21 for torture. The cases on ill-treatment from 2004 had included 6 acquittals and 72 decisions to drop the case. The other cases were still continuing.
Within the Law to be Informed the coordinator of torture prevention within the project of "Justice for Everyone", run by Diyarbakır Bar Association had asked the Ministry of the Interior on trial against torturers. The reply stated that between 1 January 2001 and 31 December 2004 there had been 10 trials against 36 alleged torturers. The Ministry had appointed 10 lawyers and paid 18.992 YTL for them. The Ministry did not provide information on allegations of torture and ill-treatment by the gendarmerie or village guards.
Sezgin Tanrıkulu, chair of Diyarbakır Bar Association, criticized the payment of lawyer by the Interior Ministry and argued that police officers should use the same means as all other citizens. If they had no money to pay for a lawyer they could apply to the bar association and ask for legal aid. He accused the government to have announced a policy of zero tolerance on torture but did not take the necessary steps. Tanrıkulu added that allegations of torture were frequently met with counter-allegations of resistance against officials. There had been an increase of such cases in Diyarbakır of 200% during the last two years.
The Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
The Report to the Turkish Government on the visit to Turkey carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 16 to 29 March 2004 was published on 8 December. The visit had focused on the İzmir, Aydın and Gaziantep region. Some of the findings can be summarized as follows
"The situation found by the CPT's delegation in the Izmir region would suggest that matters are broadly moving in a positive direction. The information gathered indicates that resort to severe methods of ill-treatment, such as suspension by the arms and electric shocks, is now a rare occurrence in that part of Turkey.
However, some allegations were received of recent physical ill-treatment during custody in local police stations or headquarters' departments, in particular of blows to the body, and in certain cases the delegation gathered medical evidence consistent with those allegations. Further, from the information gathered, it would appear that resort can still be had in the Izmir region to methods such as sleep deprivation and prolonged standing, in particular in Anti-Terror departments.
Reference should also be made to the initiative taken in 2001 at the Izmir Bar Association to set up a "torture prevention group", which has received EU support. The group provides training and support to lawyers, in particular to those assisting persons in custody or whose clients allege to have been ill-treated by law enforcement officials. The delegation was favourably impressed by the commitment and professionalism displayed by the members of the group met in the course of the visit. The CPT invites the Turkish authorities to encourage such initiatives in other parts of the country (e.g. in Gaziantep).
The picture which emerges from the information gathered by the delegation in the Gaziantep region is less encouraging. Admittedly, very few allegations of ill-treatment were received from persons held by law enforcement agencies during the two to three weeks preceding the delegation's arrival in the city. Further, a number of detained persons interviewed indicated that the manner in which they had been treated when most recently detained in the Gaziantep region was better than what they had experienced during periods of custody in previous years. Nevertheless, a considerable number of allegations of recent ill-treatment were received from both detained persons and other interlocutors, some of them concerning severe ill-treatment.
Allegations were also heard in the Gaziantep region of blindfolding, sleep deprivation and prolonged standing, as well as of threats to harm the detainee and/or members of his family. Further, as in Izmir, allegations were received of the use of excessive force at the time of apprehension.
The situation found by the delegation during its two-day visit to the Aydın region corresponds very much to that observed in Izmir. The allegations of ill-treatment that were received concerned both local police stations and headquarters' departments and, to a lesser extent, gendarmerie establishments.
Procedural safeguards against ill-treatment
From the information gathered during the visit, it would appear that, with certain exceptions, the obligation to notify without delay a relative of the detained person was being complied with, at least in the months prior to the visit.
The examination of custody registers and case files during the March 2004 visit continued to give the impression that only a small minority of detained persons had had access to a lawyer during police/gendarmerie custody, in many cases less than 10%.
The CPT recommends that the Turkish authorities continue to actively promote access to a lawyer during police/gendarmerie custody; cooperation between the law enforcement agencies and local Bar Associations in order to increase knowledge among the general public about the right of access to a lawyer for detained persons should form part of the strategy adopted in this regard.
Medical examination of persons in police/gendarmerie custody
The existing system for the medical examination of persons in police/gendarmerie custody was addressed once again in depth in the report on the CPT's September 2003 visit, both in the light of the facts found during that visit and the subsequent Ministry of Health circular of 10 October 2003 (cf. CPT (2004) 21, paragraphs 28 to 34). The 10 October circular stressed that such medical examinations must be carried out without law enforcement officials being present; it also set out the precise modalities of such examinations (e.g. the person to be examined entirely unclothed) and of the forwarding of the report on the examination to the relevant authorities (in particular, transmission in a sealed envelope).
If it functions satisfactorily, the system for the medical examination of persons in police/gendarmerie custody will constitute a significant safeguard against ill-treatment. The March 2004 visit offered an opportunity to review the operation of that system; for this purpose, the CPT's delegation heard the accounts of a large number of persons who were or had been in custody and of police/gendarmerie officers, interviewed a significant number of doctors called upon to examine detained persons, and examined many medical reports drawn up following such examinations.
The most alarming situation was found in Gaziantep. Practically all detained persons interviewed affirmed that they had been examined in the presence of law enforcement officials when taken to the State Hospital in the city. Further, the examination performed was, in most cases, apparently very superficial, many persons alleging that it had consisted of nothing more than the doctor asking whether they had any "marks". Numerous persons who alleged to the delegation that they had been ill-treated stated that the presence of law enforcement officials had dissuaded them from informing the doctor of that fact. A few persons stated that they had told the doctor that they had been ill-treated, but that this had not led the doctor to physically examine them.
This blatant disregard in Gaziantep of the rules governing the medical examination of persons in police/gendarmerie custody was compounded by the fact that newly-arrived prisoners at Gaziantep E-type Prison were not being systematically examined by the prison doctor (cf. paragraph 81). This situation can only have the perverse effect of obscuring rather than revealing torture and ill-treatment.
The CPT's delegation examined the situation in four establishments (prisons): the E- type Prisons in Aydın and Gaziantep, Izmir F-type Prison No. 1 and Izmir (Buca) Closed Prison. Only the last-mentioned establishment had previously been visited by the Committee (in 1997).
Aside from the core issue of the manner in which inmates were treated by staff, the CPT's delegation wished to examine the quality of conditions of detention following the introduction of smaller living units for prisoners. Other issues explored in some depth were the situation of juveniles held in the above-mentioned establishments and the quality of health-care for prisoners.
F-type prisons are high security establishments intended primarily for persons held under the Law to Fight Terrorism or under Law No. 4422 (organised crime). As in other establishments of this type, most of the inmate accommodation at Izmir F-type Prison No. 1 consists of duplex units for 3 prisoners. At the time of the March 2004 visit, the prison was operating well within its official capacity of 368; there were 245 prisoners, all adult males. The bulk of the inmate population (some 150) was made of prisoners held under Law No. 4422; the number of persons held under the Law to Fight Terrorism stood at 87.
Aydın and Gaziantep E-type Prisons are essentially pre-trial establishments, though they also accommodate some sentenced prisoners. Each of the establishments was accommodating, in addition to adult males, a considerable number of juveniles (43 at Aydın and 86 at Gaziantep) as well as some adult female prisoners (32 at Aydın and 33 at Gaziantep).
Many of the original large-capacity dormitories at Aydın and Gaziantep had been converted to smaller living units. However, the favourable effects of this conversion were being vitiated by overcrowding. At the time of the visit, both prisons were operating well in excess of their official capacities: at Aydın, 593 prisoners for an official capacity of 334; at Gaziantep, 925 prisoners for an official capacity of 560.
With an official capacity of 1600, Izmir (Buca) Closed Prison is one of the largest penitentiary establishments in Turkey. At the time of the March 2004 visit, it was accommodating 1937 inmates, approximately 85% of whom were pre-trial prisoners. The inmate population included 143 juveniles as well as 78 adult women.
In its report on the 1997 visit, the CPT severely criticised conditions of detention at Buca Prison. More than six years later, the establishment seemed to be frozen in time. No significant improvements were apparent as compared to the situation found in 1997. As regards, more particularly, the establishment's large capacity dormitories, they remained intact.
The CPT was pleased to note that its delegation heard no allegations of the physical ill-treatment of prisoners by staff in Izmir F-type Prison No.1. More specifically, it would appear that the headcount procedure is currently not a source of friction between inmates and staff in this F-type establishment.
As regards Izmir (Buca) Closed Prison and the E-type establishments in Aydın and Gaziantep, most of the prisoners interviewed indicated that staff behaved correctly towards them. However, there were also clear indications that breaches of discipline or other behaviour considered as inappropriate could meet with a violent reaction.
Some allegations of beatings of prisoners (including on occasion of falaka) were heard in each of the three establishments. They mostly concerned juveniles, though certain allegations of the physical ill-treatment of adult prisoners were received in Buca and Gaziantep Prisons. It should also be noted that in those two establishments, the allegations of the beating of juveniles were confirmed by adult prisoners.
More generally, the information gathered by the CPT's delegation highlights once again the pressing need to find an alternative to placing juveniles on remand in pre-trial prisons for adults. Such establishments have neither the staff nor the facilities required to assume responsibility for this category of inmate; this augments the risk of incidents of the kind described in the preceding paragraphs. This matter will be pursued further in a later section of the report."
Report of Amnesty International (AI)
The Annual Report for the year 2004 was published in May. On torture and ill-treatment the report stated:
"Detention regulations that provided better protection for detainees led to an apparent reduction in the use of some torture techniques, such as suspension by the arms and falaka (beatings on the soles of the feet). However, the regulations were often not fully implemented. Torture and ill-treatment in police and gendarmerie custody continued to be a serious concern with cases of beatings, electric shock, stripping naked and death threats being reported.
Torture methods which did not leave lasting marks on the detainee's body were also widely reported. Deprivation of food, water and sleep and making detainees stand in uncomfortable positions continued to be reported, despite a circular from the Minister of the Interior prohibiting the use of such techniques. In addition, people were beaten during arrest, while being driven around or after being taken to a deserted place for questioning."
Report of Human Rights Watch (HRW)
The Annual Report of HRW was published in January. Relating to torture and ill-treatment in Turkey the report stated.
"There were fewer cases of torture and ill-treatment in 2004, largely due to safeguards imposed in recent years, and by the government's frequent assertions of zero-tolerance for such abuses. Nevertheless, detainees from all parts of the country report that police and gendarmes beat them in police custody. In some cases, detainees still complain that they have been subjected to electric shocks, sexual assault, hosing with cold water, and death threats. The persistence of these violations is a consequence of poor supervision of police stations, which permits security forces to ignore detainees' rights – and most importantly, the right to legal counsel. Human Rights Watch has urged the government to impose measures to improve internal monitoring of police stations by provincial governors and prosecutors, to permit independent monitoring by members of bar and medical associations, and to launch ministry-level investigations of all allegations of torture."
The Wire-Tapping Scandal
On 1 June the daily Vatan published an article under the headline of "A Document that will shake Turkey". It referred to a verdict of Diyarbakır Heavy Penal Court No. 6 that stated that between 8 April and 30 May all telephones, mobiles, short messages, e-mails and facsimiles had been tapped. The prosecutor had forwarded a demand of the Regional Office of the National Intelligence Agency (MİT) of 6 April to tap all telephones in order to establish the international connection of terror organizations.
On 6 April Diyarbakır Heavy Penal Court No. 6 had decided on allowing the request "since the aim of preventing terrorist acts could not be achieved by other means". It was established that shortly afterwards MİT started to collect data on persons from the water company, the electricity company and other places. On 2 June Hürriyet reported that in 2002 the police had tapped 7,080 mobile and 7,794 normal phones on courts' orders. In 2003 the figures had been: 9,926 mobiles and 6,092 normal phones. In 2004 the figures had been: 19,628 mobiles and 3,310 normal phones.
Law No. 4422 on Organized Crime provides in Article 2 that phones can be tapped on suspicion that a crime is being committed or somebody will participate in a crime. Article 4 provides that all kinds of official registrations may be inspected to the end of identifying criminals. Law No. 5190 that renamed the state security court to heavy penal courts provided that persons that had to be tried at the Constitutional Court, the Court of Cassation and military courts were exempted as persons whose phone could be tapped.
On 3 June Milliyet reported that the secret service MİT had earlier applied to a court in Ankara and asked for permission to tap all kind of phones, but the court in Ankara had rejected the demand. On 2 June an official statement was made by MİT. It stated: "MİT is carrying out is duty according to the law on its foundation and duties. As lately reported in the press activities to identify and follow persons are carried out on a legal basis. In this context the public benefit is always respected."

During the last 10 years only in March phones were not tapped -NurBatur (Hürriyet/2 June 2005)
A high official of the secret service said that during the last 10 years they received some 90 orders of courts to tap phone. The decisions were mainly taken in İstanbul, İzmir, Ankara and Diyarbakır. Only in March demands for wire-tapping stopped since the new legislation was about to enter into force. But when a commissioner lost his life in Kuşadası Diyarbakır Heavy Penal Court No. 6 was asked for permission to tap phones.
An expert of the police Diyarbakır said that they had received information on a planned assassination. The observed person was about to leave Diyarbakır and, therefore, a demand was made to listen to phones in all places of Turkey. The expert added that because of these wire-tapping a bomb in Antalya had been defused. In İstanbul 10 kilograms of explosives, in İzmir 5 kilograms and in Diyarbakır 1.4 kilograms of explosives had been found.

Following these developments CHP Konya deputy Atilla Kart posed written questions to Prime Minister Recep Tayyip Erdoğan. No information on the reply were available.
On 3 June the board members of DEHAP, Hatice Çoban, Ali Rıza Yurtsever, Hüseyin Yılmaz and Muammer Değer launched an official complaint against the general order of wire-tapping. On 23 June the public prosecutor in Ankara decided not to forward the complaint "since there was nothing wrong with the decision of Diyarbakır Heavy Penal Court No. 6.
Diyarbakır Bar Association filed an official complaint against Sami Tetik, presiding judge of Diyarbakır Heavy Penal Court No. 6, the prosecutor and the officials of MİT. Sezgin Tanrıkulu, chair of Diyarbakır Bar Association stated that the court's decision was a violation of law.
Emin Şirin, independent deputy from İstanbul asked MİT whether his mobile phone and e-mail account had been among the bugged objects. He was told that MİT had not tapped all phones, but only those that could be related to terror. Şehmus Ülek, deputy chair of Mazlum Der also wanted to file a complaint with the Prime Minister and went to the governor's office in Urfa on 7 June to have his application being forwarded. The officials there refused to accept his application.
AKP Yalova deputy Şükrü Önder prepared a draft law on the authority of the secret service, the police and the gendarmerie to bug phones. On 27 June the Commission for Internal Affairs in the GNAT accepted the draft that would restrict the right to wire-tapping to organized crimes such as terrorism and drugs, but only for the police and gendarmerie. No restriction were envisaged for MİT.

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"Disappearances"
Mursal Zeyrek
Reports in June published in Evrensel and Özgür Gündem indicated that Mursal Zeyrek had "disappeared" in May 1992 having last been held at the gendarmerie station at the border station Habur (next to Iraq). İslam Zeyrek, the brother of Mursal Zeyrek gave the following information:
"My brother had been called to the army and was about to go after two days. The agah of our village, Süleyman Gündüz, came and said that the commander at the gendarmerie station in Habur, Lieutenant Kenan, wanted to speak to Mursal. The next I walked with my brother over 6 kilometers to get to the station. We were taken into the room of the lieutenant. He said that he wanted to take Mursal to Zaho (in Iraq) to get information about PKK camps. My brother said that he could not do that because he was about to start his military service. The commander said that he would bring my brother back in two days. We were taken to separate rooms. After a while I left my room and saw the room where my brother had been taken empty. I asked the commander about my brother and he said that they had taken him to Iraq. He ordered me to leave the compound."
İslam Zeyrek further stated that he inquired about his brother over 2 weeks and after that the commander said, "It is no longer in my hands. I don't know what happened." On the question of whether or not his brother was in the hands of JİTEM İslam Zeyrek did not get an answer. Reportedly lawyer Tahir Elçi appealed to the European Court of Human Rights. No information on Mursal Zeyrek was found in the archives of the HRFT.
Bahri Budak, Metin Budak
The HRA in Diyarbakır announced in May that the bones of Bahri Budak (61) and his grandson Metin Budak (14) had been found. Both persons had "disappeared" in Yalımlı (Xosor) village in Lice district (Diyarbakır) on 28 May 1994. Selahattin Demirtaş, chair of the Diyarbakır branch of the HRA, said that the village had been evacuated before and Bahri and Metin Budak had gone there to look after their garden. Demirtaş added:
"They had agreed with the driver of the minibus that took them there that he would come in a few days to pick them up. Soldiers stopped the minibus when the driver wanted to go there after several days. The driver was not allowed into the village and nothing was heard from Bahri and Metin Budak since then, although the family inquired at the governor's office, the GNAT, the prosecutor in Lice, the Minister of the Interior and the governor's office in Lice."
On the discovery of the bones Demirtaş said: "Abdulbaki Budak, a relative of the Bahri and Metin Budak was grazing sheep on 1 May when he discovered some bones close to a riverbed. Digging the earth he also discovered clothes and other belongings. The comb and the medicine he identified as belonging to Bahri Budak. The family also identified the clothes."
Once the HRA had been informed the case was raised with the prosecutor in Lice (9 May) but the prosecutor did not give a date for an inspection claiming that the region was not safe. With the knowledge of the prosecutor a delegation of the HRA went to the village on that day and took photographs of the place.
Kadri Budak, the son of Bahri Budak, said that 11 years ago soldiers from a commando unit from Bolu had set their houses on fire and had forced them to leave the village. When he tried to look for his father and son the soldiers had threatened to kill him, if he did. On 26 May CHP Diyarbakır deputy Mesut Değer spoke to Lice Governor İsmail Koşum and the prosecutor Tamer Can. He, too, was told that it was too risky to go to the village.
On 28 May the prosecutor Tamer Can, the governor İsmail Koşum and İrfan Eser, lawyer and board member of the HRA in Diyarbakır gathered in the village. They found 11 bullet casings. The bones for sent to the Forensic Institute for a DNA test. In April 2006 the result of the test was announced. It was stated that the bones belonged to Bahri Budak and Metin Budak with a probability of 99,9%.
In earlier years no information on this case had been available.
Abdullah İnan, Hayrullah (Hayrettin) Öztürk Aşur Seçkin, Kemal İzci, Yusuf Çelik, Reşit Sevli, Mirhaç Çelik, Seddık Şengül, Naci Şengül, Casım Çelik, Hurşit Taşkın, Cemal (Cebbar) Sevli, Salih Şengül
The book of the PKK "confessor" Kahraman Bilgiç revealed that on 24 July 1994 13 people "disappeared" and one person was killed in Ortaklar village in Şemdinli district (Hakkari). According to Biligiç soldiers raided the village on that day and detained Abdullah İnan, Hayrullah (Hayrettin) Öztürk, Aşur Seçkin, Kemal İzci, Yusuf Çelik, Reşit Sevli, Mirhaç Çelik, Seddık Şengül, Naci Şengül, Casım Çelik, Hurşit Taşkın, Cemal (Cebbar) Sevli and Salih Şengül. They "disappeared" while Kerem İnan was killed.
Kuli İnan, the wife of Kerem İnan, said: "There was a clash in the mountains. Our village was raided the following day. We had to gather in the village square. The men were stripped stark naked. All inhabitants were tortured. They took six people with them and gathered another 7 people on their way to the village. We wanted to go after them, but were prevented under death threats. We never heard of them again. We have been unable to prove that they were killed."
Sefer İnan, the son of Kerem İnan, said: "On the Xebert plateau near Ormanca village there was a clash and on the second day soldiers entered our village. There were thousands of them. They gathered the inhabitants and separated them in groups of men, women and children. I was among the men who were taken to another place. Here they tortured us over 6 hours. Later they read out the names of 14 men including the name of my father. They shot my father in front of our eyes. Of the 13 men we never heard anything again."
Meyrem Çelik, the wife of the "disappeared" Casım Çelik, stated that there were rumors that the men were buried in the garden of Ortaklar Gendarmerie Station. She added: "Two days before the incident my husband took me to the doctor in the district. The headman told us that the village was raided while we were in town. Together with another six villagers my husband wanted to drive to the village but they were detained on their way. We never heard of them again."
It was reported that the public prosecutor in Şemdinli wanted to investigate against the major Ali Çamurcu, commander of Ortaklar Gendarmerie Station and the officer Fatih Akçay on charges of intentional killing, causing a miscarriage and setting a car on fire. According to the Law on Prosecution of Civil Servants the Administrative Council in Şemdinli had to be asked for permission. In June 2000 the Council ruled against permission.
After the national remedies had been exhausted the villagers appealed to the European Court of Human Rights in 2003. Lawyer Levent Kanat stated that the rapporteur had inspected the file in October 2004. The application had alleged that Emine Çelik and Zübeyde Uysal (Seçkin) had been pregnant and had had a miscarriage because of the beatings. Kerem İnan had been ill and not able to follow an order of gathering in the village square. He had been shot at the well. 13 inhabitants of the village supposedly had been killed and thrown into a riverbed.
No information on this case was found in the archives of the HRFT.
Serdar Tanış, Ebubekir Deniz
On 26 January Özgür Politika published in Germany presented an article under the headline of "The Disappeared from Silopi were executed". The reported alleged that PKK militants had seen that close to Aşınme village, Silopi district five people had been executed in January 2001. Two of them had been the HADEP officials Serdar Tanış and Ebubkeir Deniz, reportedly missing since 25 January 2001. The militants had gone to the village the next day and seen the corpses covered with stones. One of them had been a person who deserted the PKK.
Following the publication of this article HPG made a statement that was published on 1 February. It said that a group of militants wanted to shoot a documentary in the summer of 2004. The group had been informed about the victims in Aşınme village. Having gone to Aşınme village the bones and clothes under stones had been filmed. Besides empty bullet casings and the explanations of a guerilla active in that region at the time had also been recorded. In 2001 a force of some 400 soldiers had killed five people that they had taken there. The noise raised the attention of guerillas in the area who watched it with long-glasses. They had been unable to get close. Since the incident happened a few days after the HADEP officials disappeared there was a suspicion that they might be among the victims, but that was not a proven fact."
On 2 August the European Court of Human Rights announced the judgment on this case (application No. 65899/01). The Court held, unanimously, that there had been:
- a violation of Article 2 (right to life) of the European Convention on Human Rights concerning the disappearance of Serdar Tanış and Ebubekir Deniz;
- a violation of Article 2 concerning the inadequate nature of the investigation into the circumstances surrounding the disappearance of Serdar Tanış and Ebubekir Deniz;
- a violation of Article 3 (prohibition of inhuman or degrading treatment) on account of the distress that the applicants had experienced and continue to experience with regard to the fate of their relatives;
- a violation of Article 5 (right to liberty and security);
- a violation of Article 13 (right to an effective remedy);
- a violation of Article 38 on account of Turkey's failure to furnish all necessary facilities to the Court to enable it to examine the application and awarded the families compensation of Euro 240,000.

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Death in Custody
(1) Gökhan Belgüzar (20)
On 21 January Gökhan Belgüzar was detained in İstanbul-Bakırköy. He died in Osmaniye Police Center on 23 January. Officially it was stated that he had been detained on charges of robbers and was identified by the victims. In custody he reportedly made a rope from the edges of a blanket and hanged himself at the hooks behind the door.
During the investigation it turned out that the camera system in the cell had not recorded anything and the guard on duty had not been in his place. It was said that Gökhan Bergüzar was 1.80 meters tall and that the hooks were 88 centimeters from the ground. The cell mate Kadir Olcay Helvacı reportedly said that he slept and had not seen Gökhan Bergüzar committing suicide. The Forensic Institute issued a report stating that the body of Bergüzar had not shown signs of blows or wounds.
The father İrfan Belgüzar stated that his son had been detained three years ago because of pick-pocketing. He had been tortured at the time and one arm and one leg had been broken. His son had been sentenced to three years' imprisonment and he had been released two months ago. İrfan Belgüzar added that during a control in Merter (İstanbul) on 17 January the IDs of his son and two friends had been confiscated. One of the friends had been detained the next day when he wanted to get his ID back. In the same manner his son had been detained on 21 January. İrfan Belgüzar said: "I saw him when he came from the medical examination back to custody. The handcuffs had cut his arms and he was bleeding. He could hardly stand on his feet and said that he had been beaten and would be beaten again. In front of my eyes they took my son away and killed him."
The mother Sevim Belgüzar said: "I went to see my son, but they did not let me and asked me to look via the camera. I could see my son lying there. How can it be that they don't see if my son committed suicide. They killed him."
The elderly brother Orhan Belgüzar stated that the officials had told them that they look underneath the shoulder. The same official stated that Belgüzar hanged himself from the height of 88 centimeters.
On 25 January a delegation from the HRA went to Osmaniye Police Center but was not let inside. The delegation was stopped in 100 meters' distance. Eren Keskin, chair of the İstanbul branch of the HRA said that this meant that there was something to hide. On 26 January the Presidency of Human Rights at the Prime Ministry ordered the human rights council for İstanbul province to inspect the incident.
The Commission to Observe Unlawful Acts as part of İstanbul Bar Association filed an official complaint on 1 February. The Commission drew attention to the allegation that Gökhan Belgüzar had been in need for medicine but had not been given any. The Commission stated that there were suspicions that Belgüzar was killed under torture. The family filed an official complaint on 2 February.
On 23 September Bakırköy Penal Court No. 3 started to hear the case of the police officer Ali Osman T. charged in connection with the death. Makbule Doğan, lawyer of the Belgüzar family demanded that the defendant charged with misconduct of duty should be put in pre-trial detention. The Court rejected the demand and adjourned the hearing to a later date. Ali Osman T. pleaded not guilty.
2) Latif Okay
Latif Okay was detained in Nazilli district (Aydın) on 10 February on allegations of making illegal deals with antiques. He died in custody. The official statement said that he fell ill and was taken to Nazilli State Hospital where he died.
3) Güven Karakuş (21)
It was alleged that the deserter Güven Karakuş hanged himself at the window of his cell at Çaycuma (Zonguldak) Gendarmerie Station in mid-March. He had deserted from his unit and had come to his home town Karapınar (near Çaycuma). His father had informed the gendarmerie and soldiers had detained him.
4) Murat Yavuzer
Murat Yavuzer (24) was detained in Diyarbakır on 1 June on charges of theft. At Sağlık Police Center he allegedly made a rope from his trousers and hanged himself at the irons of his cell. Officially he was detained at 6pm and hanged himself in the late hours of the evening.
5) Rabia Asan (31)
On 23 December Rabia Asan was detained in İzmir on charges of having disturbed the neighborhood while being drunk. She died at Hatay Police Station. Officially she put one arm of her pullover round the irons of the cell and the other arm round her neck and committed suicide by kneeling. It was said that Rabia Asan was 1.75 meters tall and the irons were at 1.65 meters. The weight of the woman was given as 60 kilograms.
Trials on Death in Custody
Birtan Altınbaş: The trial in connection with the death of Birtan Altınbaş in custody (on 16 January 1991) started again at Ankara Heavy Penal Court No. 2 on 18 March. On 26 March 2004 Ankara Heavy Penal Court No. 2 had convicted the police officers İbrahim Dedeoğlu, Sadi Çaylı, Hasan Cavit Orhan and Süleyman Sinkil and sentenced them to 4 years', 5 months' and 10 days' imprisonment. The police officers Tansel Kayhan, Talip Taştan, Mehmet Kırpıcı and Muammer Ekin were acquitted because of lack of evidence. The 1st Chamber of the Court of Cassation confirmed the acquittals but quashed the convictions. Earlier the case of the police officers Ahmet Baştan and Naip Kılıç had been separated, because these defendants could not be found.
During the hearing of 29 April lawyer Oya Aydın Göktaş, acting for the sub-plaintiffs, demanded to remand the defendants or at least issue a ban for them to leave the country. The court rejected both demands. At the hearing of 1 July lawyer Özgür Yılmaz stated that Hasan Cavit Orhan had also tortured him. He presented an article of the details Hürriyet that had quoted the then Prime Minister Süleyman Demirel as saying "They tortured everybody".
During the hearing of 29 July the presiding judge asked the lawyer of Süleyman Sinkil, Mehmet Ener, why his client did not testify. The lawyer said that he had met his client but had been unable to enter a dialogue. The lawyers of the sub-plaintiffs asked once again to remand the defendants but the court rejected it.
During the hearing of 7 October written statements of the police officers Süleyman Sinkil and Ahmet Baştan were read out. They accepted to have killed Birtan Altınbaş and claimed that the other police officers were not guilty. They also asked to hear Nuh Mete Yüksel, at the time chief prosecutor at Ankara SSC, Hasan Özdemir, the then Chief of Ankara Police, his deputy Ali Kalkan and Burhan Tansu, at the time leading the department to fight terrorism, as witnesses.
During the hearing of 10 November lawyer Oya Aydın Göktaş stated that the statements of two defendants who suddenly pleaded guilty and argued that their colleagues were not guilty did not reflect the truth. She called it an attempt to fool the court. The defendant Süleyman Sinkil appeared in court for the first time on 23 December, although the trial had been continuing since 1998. He stated that he and Ahmet Baştan had taken the suspect downstairs to the cells. The suspect had adopted an organizational behaviour when they started to interrogate them. He had not only refused to answer but also had attacked them. He had beaten them and they had beaten him. The hearing was adjourned to 27 January.
Salih Karaaslan: The relatives of Salih Karaaslan who had died in detention in Silopi district (Şırnak) in March 1999 launched a case asking for compensation. The case to be heard at Şırnak Judicial Court had to decide on the demanded sum of 490,000 YTL.
In connection with the death of Salih Karaaslan seven soldiers had been tried. On 24 June 2003 Şırnak Heavy Penal Court sentenced the sergeants Ahmet Candan Yıldız, Ali Metin and Kayhan Yaşar to five years', 4 months' imprisonment each and acquitted the soldiers Sami Türker, Süleyman Yıldır, Hamit Peri and Yusuf Köksal. In 2004 the Court of Cassation confirmed the verdict. Sergeant Ali Metin was dismissed from duty after the verdict was confirmed, but Ahmet Candan Yıldız and Kayhan Yaşar had been pensioned when the verdict was confirmed.
In June 2005 the three sergeants appealed to the European Court of Cassation on the claim that other soldiers were responsible for the killing and they had not been tried fairly. Reportedly the PKK confessor Arzu Turkurkor who had been in detention with Salih Karaaslan and the sergeant Murat Bektaş had testified that the sergeant Haluk A. and Mustafa D. were responsible for the killing.
The statement of Arzu Tukurkor of 9 March 2004 sent to Şırnak Heavy Penal Court and the 1st Chamber of the Court of Cassation read: "In March 1999 I applied to benefit from the repentance law and visited the command of the gendarmerie in Şırnak. When I came back to the interrogation department I heard that Salih Karaaslan who had been detained on charges of providing shelter and food had died one day before (19 March 1999). From other confessors and the personnel in the interrogation department I heard that Salih Karaaslan had died because of the torture and violence sergeant Haluk A. had inflicted on him. Haluk A. himself said that this was the way they killed people and did not have to account for it. In the trial on torture I was listed as witness but since they could not find me I did not testify."
The sergeant Murat Bektaş alleged that the minutes taken on the incident had been forged and the signatures had been faked. A major had commented that an officer could not be sentenced for having killed a terrorist. The lawyer of Ali Metin and Kayhan Yaşar asked for a re-trial since new evidence had been found but Sırnak Heavy Penal Court and the Court of Cassation rejected the demand.
Metin Yurtsever: On 9 May Kocaeli Heavy Penal Court No. 2 concluded the trial against 16 police officers charged in connection with the death of Metin Yurtsever in Kocaeli on 23 November 1998. According to the information provided by the lawyer Ali Haydar Gonca the police officers Şıh Ömer Ediz, Şaban Kurnaz, İsmail Türkdemir, Sadettin Topal, Bülent Oral Tunar, Bekir Şahin and Temel Çakmak were sentenced each to 20 months' imprisonment. The police officers Şinasi Yılgın, Süleyman Başkal, Kadir Cenk, Onur Düzcan, Cemil Çetin, Nihal Yücesoy, Mehmet Gürcan, Mustafa Atik and Recai Ergün were acquitted. Metin Yurtsever had been detained during a raid on the offices of HADEP in Kocaeli on 20 November 1998. He died three day later as a result of torture.
Şaban Cadıroğlu: Lawyer Menaf Kıran said that a hearing in connection with the death of Şaban Cadıroğlu (14) in Van on 16 August 1999 was held on 22 July and adjourned to 18 October. In this trial the police officers Seyit Demir and Sabri Sıvacı are the defendants.
Ahmet Fenkli
On 12 December a hearing was held in connection with the death under beatings of the soldier Ahmet Fenkli serving in a unit in Kırklareli on 4 July 2001. During the hearing an expert opinion was read out. It stated that Ahmet Fenkli had been buried without an autopsy. The expert Prof. Dr. Cem Tayfun with the rank of a major stated that the corpse of Ahmet Fenkli had shown a bleeding wound behind his left ear and around this wound a large edema had been detected. The injuries could be the result of blows but also occur of a person suffering from high tension suffered bleeding of the brain. The trial did not conclude in 2005.
The indictment alleged that Ahmet Fenkli had been detained on suspicion of irregularities with phone cards. NCO İlhan Ünal and Captain İsmail Yetkin had beaten him and he had died in hospital because of a cerebral hemorrhage. In the trial General Emin Ünal, commander of the brigade, Major Recai Elmaz, Captain Nahit Balcı and NOC İlhan Ünal are charged under Article 117 of the Military Penal Code (bodily harm in exceeding the purpose). Captain İsmail Yetkin who stayed in pre-trial detention for three months was charged with intentional killing and has to expect a sentence of 10 years' imprisonment.

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Incidents of Torture and Ill-treatment
In July reports from Tunceli indicated that during house raids and controls on the street dubious search warrants were used. On 6 July Murat Polat, chair of DEHAP in Tunceli told Özgür Gündem that during a search of his house the police had acted as if a militant was hiding there and they expected a clash at any time.
Alican Önlü from the executive committee of DEHAP stated that the controls on the street had become "tradition". He said: "On the way to Ovacık there are two controls. They open the door of your car and say that they have to search it. But there is no information on the person they might be looking for or the car under suspicion. In many places the police or gendarmerie will conduct a traffic control and the identities of persons that pass there are taken."
Bülent Taş, chair of Tunceli Bar Association, said that the searches were unlawful. Article 5 and 6 of the Regulation on Apprehension, Detention and the Taking of Testimony and Articles 116 and following of the TPC provided that searches had to be based on a reasonable suspicion, concrete evidence and were only valid for certain periods of time." Taş added that anonymous information over the phone could not be the ground for general searches.
Kaze Özlü: On 3 January Kaze Özlü who had been detained and tortured several times before was arrested in Adana together with Naciye Yeter. Both women were accused of having provided false papers for Hakan Bazo. Mehmet Şerif Kakakurt who had been detained with the women was released.
Tevfik Özlü, the son of Kaze Özlü, stated that the police had forcibly entered their flat in Adana in the morning of 3 January and not shown the search warrant the prosecutor allegedly had issued. They had been cursing and swearing and not given any reason for the detention of his mother. He had asked to accompany her because she did not know Turkish, but had been insulted. His mother was illiterate and unable to prepare false papers.
Lawyer Beyhan Günyeli Karadeniz stated that Kaze Özlü had testified with the help of an interpreter. He had been able to talk to her and remain there during interrogation. She had said that she did not know a person called Hakan and had not produced an ID.
On 7 March Adana Heavy Penal Court No. 7 started to hear the case of Kaze Özlü and Naciye Yeter. Defense lawyer Fatma Karakaş said that Kaze Özlü was illiterate and unable to prepare false papers. The Court ordered the release of both defendants.
Ali Karaçalı, Nazime Karaçalı, Nurcan Aktaş: In January Ali Karaçalı and his wife Nazime Karaçalı complained to the HRA in Van stating that they had been threatened by the police.
Their son, the student İskender Karaşalı had been arrested on 24 December 2004 on charges of supporting an illegal organization. Later the police officers with the first name of Serdar and Ömer had come and told them that Erzincan Police HQ wanted their son. The police officers had threatened them. Nazime Karaçalı said that earlier their daughter had been wanted in Erzincan. In the night of the arrest of her son police officers had called them and said that they should go and see their son in Van. All of them would end up like this.
For the same reasons Nurcan Aktaş who had been arrested on charges of being a member of the PKK in 1993 and had been released in 2002 filed an official complaint with the prosecutor's office in Van. She said in her application that after her release she had been called to the gendarmerie station in Gevaş and had been asked how she was making a living. Allegedly this question had to be asked on orders of the Justice Ministry. On 19 August 2004 she had been called to Gevaş Police HQ and had been taken to the department to fight terrorism at the Police HQ in Van. She had been asked whether she would take to the mountains again, had contact to DEHAP or illegal contacts.
She had been released after one day but in December she had realized that she was being followed. One evening one of these police officers had come up to her and asked her whether she was interested in getting to know him.
Ahmet Göçücü, Hakan Göçücü, Abdullah Gözkaman, İbrahim Gündüz: The police in Bingöl reportedly beat Hakan Göçücü, Abdullah Gözkaman and İbrahim Gündüz. Ahmet Göçücü was injured with a weapon. Hakan Göçücü said about the incident of 2 January:
"In front of the Police House I mistakenly thought that one of the people there was a friend of mine. I called him and when I realized that it was not my friend I apologized. One police officer started to beat us. Another police officer shot at the foot of my cousin Ahmet Göçücü. I hit that police officer with my first. The number of police officers had reached 5 or 6."
Hakan Göçücü added that the beating had continued at Bingöl Police HQ. They had been threatened not to talk to anyone about the incident. Having been wounded Ahmet Göçücü was taken to hospital. İbrahim Gündüz wanted to see him there and was beaten by police officers.
Alaattin Bozkurt, Fahri Kazkurt: On 6 January the police officer Erkan Kaymaz (Kaymak) was arrested in Kars because on the day before he had beaten Alaattin Bozkurt and Fahri Kazkurt with whom he had had a dispute on traffic. Reportedly Alaattin Bozkurt was in a dangerous state of health.
Engin Ertik: Engin Ertik, student in Tunceli alleged that the police kidnapped and threatened him on 6 and 7 January and 4 February. He said:
"On 6 January I went to school. Close to the school I saw a car waiting. I stepped aside. Soon after that someone tried to grab me from behind. He hit me with his fist on my eye. Two people grabbed my arms and dragged me into the car. In the car they beat me. They asked me 'When did you come from Ovacık?' I told them that I had never been in Ovacık and that I was a student. They drove me around and dropped in Cumhuriyet quarter."
Thinking that he had been mistakenly kidnapped Engin Ertik was again kidnapped in front of his school on 7 January when someone out a plastic bag over his head. He was beaten in the car and driven out of town. The beatings were worse than before and this time he was asked to become a police informer. He had been dropped close to the city center and about a medical report on one week's inability to work.
On 4 February Engin Ertik was forced into a minibus. He said: "In the car they blindfolded me. I was taken to a building and taken one floor downstairs. I had to sit on a chair and my arms were tied. Someone told me that this was the third they tried to talk to me. I was forced to sit on the chair in the wrong manner. They took off my clothes and put something heavy on my back. Then they beat me through this thing and the pain spread over the whole body. After that a hot tool was mover over my body. Later they dropped me at a bridge."
Engin Ertik contacted the HRA and HRFT and filed an official complaint with the prosecutor.
Erkan İnan: Lawyer Cemal Demir stated that his client Erkan İnan was detained in Erciş district (Van) on 12 January, held over three days and tortured. His eyes had been blindfolded and he had been examined in the presence of police officers. Out of fear he had not mentioned torture and, therefore, was certified to be in good health. After three days' detention Erkan İnan was remanded on charges of supporting an illegal organization.
A.A. (17): Because of bad marks in his certificate A.A., pupil at a lyceum in Diyarbakır, tried to commit suicide on 14 January. He was taken to the hospital of the medical faculty at Dicle University. In intensive care two police officers tried to take his testimony. He objected stating that he did not feel well. Later a blond police officer had come in and shouted at him, why he refused to testify. Although he had been serum from his arm and a hose in his nose the police officer whose name later was given as Murat Bağrık kicked at the stretcher so that A.A. fell to the ground.
Three police officers had come in and one had held his mouth shut. The other two handcuffed him. He had bitten into the hand of Murat Bağrık who held his mouth shut and then had started to shout. Only then a physician had entered and ordered the police officers to leave. Having identified the other police officers Abdülkadir Aydın, uncle of A.A. filed an official complaint against the police officers Murat Bağrık, Hakan Gütmen and Gürkan Atay.
Mehmet Ali Toprak, X.X: On 3 February Mehmet Ali Toprak was detained in Gemlik district (Bursa) on accusations of being a member of an organized crime gang. Reportedly he and an unnamed person were tortured. Nalan Erkmen, lawyer in İzmir stated that the Forensic Institute in Bursa had issued reports for both men certifying traces on their body.
Melek Toprak, the wife of Mehmet Ali Toprak appealed to the district's human rights council. In reply of 8 March she was told that her husband had acted like a psychopath and the police had had difficulties to calm him down. Her husband had been held at Gemlik Police HQ between 11.30pm and 2.30am and had not been interrogated. The letter further alleged that there were no video recordings of his detentions and no medical report certifying traces of torture existed.
Melek Toprak appealed to the HRA and the lawyer Nalan Erkmen opened a case at the administrative court for the Bursa region stating that it was not the duty of the human rights council to verify torture. She asked for an administrative case against the police officer and stated that Bursa Forensic Institute had certified traces of handcuffs of in the right hand and bruises on both shoulders and the back. Nalan Erkmen also alleged that another person had been dressed like a belly dancer and had been video taped.
Mukaddes Çağlar: Mukaddes Çağlar, member of the youth wing of DEHAP, alleged that police officers kicked her in Yüksekova district (Hakkari) on 5 February. The minibus in which she had been traveling had been stopped at the exit of town and the police officers had asked to look into her bag. She had answered that there were personal belongings in the bag and she wanted a female officer to conduct the search. At that moment police officers had pulled her hair, dragged her out of the minibus and kicked her. They had ordered dogs to attack her. The dogs had dragged her over the ground and she had been threatened to be killed and thrown to the side. Later travelers had interfered. The police officers had taken her into their car and brought her to police headquarters. Here she had been asked to forget about the incident since the colleagues had made a mistake. She had not accepted this. At Yüksekova State Hospital she was given a report on one day's sick leave. Having filed an official complaint Mukaddes Çağlar identified the police officer with the first name of Suat and İsmail.
27 persons: On 23 January the police detained participants of a funeral in Siirt. On that day Nergis Özer and Sibel Sartık were to be buried. They had been killed in a clash near Toptepe village in Kumçatı district (Şırnak) on 19 January.
Metin Beydoğan stated that they had not testified at Siirt Police HQ because they had been ill-treated. The public prosecutor Dursun Yüzer had threatened them that they would be imprisoned if they did not testify. Therefore they had been taken back to the police center and had been forced to testify. Complaining to the HRA Metin Beydoğan said that all detainees had been tortured psychologically. The names of the detainees were:
İbrahim Kılıçarslan, Emine Oğuz, Mustafa Gündüz, Tevfik Kaçar, Yusuf Kaplan, Teymen Yılmaz, Tahir Çetin, Ata Taşçı, Musa Kaçar, Süleyman Taş, Sibel Ete, Fadıl Taşçı, Yusuf Akın, Ahmet İlhan, Hayrettin Akcan, Hakan Can, Adil Ceyhan, Fehmi Elçin, Abdullah İnan, Abdulkerim Ekinci, Murat Yıldırım, Emin Aksu, Ömer Ete, Muhlis Ete, Ali Kaçar, Mehmet Beyan and Adil Esen.
Initiative of Peace Mothers: On 6 February the "Peace Mothers" were stopped at a gendarmerie station on their way from Diyarbakır to Siirt and allegedly beaten by soldiers. They held a press conference at the Diyarbakır branch of the HRA on 10 February. Rahime Fidan said that they had been stopped at Başur Gendarmerie Station some 20 kilometers away from Siirt. Four of their members had to be taken to hospital. They had filed an official complaint against the commander of and soldiers at the gendarmerie station.
Seyithan Akkaya: In the night of 12 September the police in Bulanık district (Muş) raided three houses including the flat of Seyithan Akkaya, chair of DEHAP for the district. The police detained Hamdullah Çiftçi. Seyithan Akkaya said: "First members of a special team came. We protested since there was no regular police. They broke the door and then they called one police officer. They forced me and my children to stand in cold weather outside for four hours."
Ferhat Taşdemir, Ferdi Taşdemir, Mülazim Yıldırım, Burhan Tayfur, Fırat Taşdemir: The vendors Ferhat Taşdemir, Ferdi Taşdemir, Müazim Yıldırım, Burhan Tayfur and Fırat Taşdemir were detained at Gürbulak border station in Doğubeyazıt district (Ağrı) on 16 February on the accusation that they had brought more goods from Iran than allowed. Before the detainees were taken to the prosecutor they were examined at Doğubeyazıt State Hospital and certified 20 days' inability to work. On 17 February Ferhat Taşdemir, Ferdi Taşdemir and Mülazim Yıldırım were remanded on charges of having torn down a wall of the detention center.
28 Persons: During raids on Yukarı Turgay, Aşağı Turgay, Damlacık, Eğribilen, Yukarı Koçkıran, Aşağı Koçkıran and Oynaklı villages in Özalp district (Van) on 1 March 28 people were detained. Among them Nevzat Genç, Seydi Olgun, Şevket Egriboy, Kasım Eğriboy and Nurettin Altınok were released on 2 March. After release Nevzat Genç said that soldiers had beaten them.
Sadık Aydoğmuş, X.X., X.X.: Sadık Aydoğmuş, distributor of Özgür Halk and Özgür Gündem in Van, stated that on 5 March he and two friends had been detained and beaten at İstasyon Police Station. He said:
"In the evening while we were distributing the journal and the newspaper three police cars stopped in front of us. The officers asked what we were doing. We told them that we were distributing publications. Then two police officers I know under the names of Fatih and Tayfun pushed me against a wall and beat and kicked me. They cursed at us heavily. I was beaten most. Then they took us to İstasyon Police Station. One of the officers there said that they should treat us as enemies and they started to beat us again." Sadık Aydoğmuş alleged that the physician did not give them reports and police officers threatened them not to talk about the incident.
D.Y., N.K.: D.Y. and N.K. were detained in İstanbul-Kağıthane district on charges of having thrown Molotov cocktails into a bank. Their lawyer Suat Eren stated that D.Y. was certified 7 days' sick leave because of a bullet wound on his arm. N.K. was given a report of 15 days' inability to work. The lawyer said that in the night of 27 February his clients had been short at without a warning. D.Y. had been wounded to his arms and the arm of N.K. had been broken because a police car drove at him. One police officer had looked at him whether he was still alive and another police officer had put a gun into his mouth.
Although his clients had been wounded they had been handcuffed on their backs. At the police station D.Y. had been dragged over the ground. He had been kicked at his back, knees and his wounded arm. As a result of the torture he had fainted. A physician had said that the handcuffs should be removed but a police officer had replied that he better died. Suat Eren added that the testicles of N.K. had been squeezed and a needle had been pushed into the flesh of his teeth.
Cihat Özçelik: Student Cihat Özçelik (21) alleged that unknown people had kidnapped and beaten him in Ankara on 13 March. He had come to Sıhhiye Bridge where someone asked him in Kurdish where he came from. He had answered that he did not know Kurdish and the person had told him that he resembled the person from his home town which was Diyarbakır. He answered that he was from Ankara.
"Having walked for about 100 meter two persons pushed me from behind and forced me into a car. They blindfolded me. I asked them who they were but was told not to worry, since I would get an answer to this later. There were five people in the car, who hit me fists into my face. They asked me about connections to illegal organizations and I said that I had none. They replied that they had not been sure, otherwise they would have detained me officially. They warned me that bad things might happen to me, if I continued like this."
Cihat Özçelik was later set free at the same place where he had been kidnapped.
C.S. (17): On 18 March C.S. spoke at a press conference of the HRA İstanbul and stated that he had been threatened to become a police informer. On 11 March he had been forced into a car with an İstanbul plate number and first taken to Kağıthane Police HQ, later to the department to fight terrorism at İstanbul Police HQ. He had been offered money in return to work for them. The police officers had asked for information on activities in the People's Culture Center in Kağıthane.
G.Ç., A.S., G.K., O.A., M.D., V.Y., E.Ö., R.S., O.S., M.K.: After a fight among pupils at a lyceum in İzmir-Menemen district on 24 March the pupils G.Ç., A.S., G.K., O.A., M.D., V.Y., E.Ö., R.S., O.S. and M.K. were detained. They alleged to have been tortured at Menemen Police Station. According to the daily Özgür Gündem G.Ç., A.S., G.K., O.A., M.D., V.Y., E.Ö., R.S. and O.S. were beaten by police officers. When M.K. tried to set himself on fire in protest at the detentions he was detained and a police officer with the first name of Ramazan reportedly threatened him with a gun.
Detained Students: On 25 March students protested in Beyoğlu at the dismissal of 14 fellow students from İstanbul University with a press statement. They were detained and later alleged that they were tortured. Speaking for them, Aygün Kumru said: "They detained us according to EU standards since the press was present, but inside they tortured us. The female students were assaulted."
T.U. (16): T.U. from the lyceum in Bingöl stated that police officers forced him to become an informer. He was under constant observations and disturbed. On 23 March three plain clothed police officers had detained him and taken him to Düzağaç Police Station. They had offered him to become an informer. He had been told that there were plans to publish a journal with the name of Asmin and that he was making contributions. He had been asked to provide information on the contribution of trade unions and was offered 150 to 2000 YTL for it. He had also been told to get help in entering a university and out of fear he had accepted 20 YTL as an initial fee. After one hour he had been released.
Veysel Atay, Orhan Dağdagül: Veysel Atay and Orhan Dağdagül complained to the HRA in İstanbul stating that police officers had beaten them on 1 April. They had asked why the officers wanted to see their IDs and, therefore, had been beaten on the street and at Kumkapı Police Station.
Hüsna Yakut, 9 Persons: On 9 April the Independent Youth Movement (BAGEH) held a press conference in Van. The police detained many of them. On 11 April 10 detainees were put in pre-trial detention. Hüsna Yakut from the journal Genç Bakış alleged that she had been sexually harassed in detention and added that the others had been ill-treated in custody.
Derya Orman, Gülselin Orman, Seyhan Geylani Sondaş: On 18 April the sisters Derya Orman (23) and Gülselin Orman (21) spoke at a press conference of the HRA in İstanbul. Derya Orman said that they had been detained in Bostancı because her sister had not been in possession of her ID. Chief Commissioner Hüseyin Tanrıkulu had offered her to release her sister if she agreed to sleep with him once. At the police station a female officer had sexually assaulted her. She had been forced to lie down and all her clothes had been taken off and put in a dustbin. Her breasts had been squeezed and she had been beaten. The police officers had not given back the 500 dollar found on her sister.
Gülselin Orman stated that she had been stripped naked and police officers had asked her for sexual intercourse. This had changed into threats of rape. In the morning they had been asked to sign a statement but they had waited until a lawyer arrived. The lawyer had made sure that the complaints of ill-treatment were added to the statement.
Lawyer Eren Keskin stated that she had gone to see the sister at the police station. Chief commissioner Hüseyin Tanrıkulu had told her that the girls might be ill since they were throwing themselves against the walls. The prosecutor in Kadıköy had insulted the sister charged with wrongfully accusing police officers. Only after Eren Keskin told him that he might soon get the best known prosecutor in Turkey he changed his attitude.
On 30 April Derya Orman spoke again at a press conference of the HRA in İstanbul and said that police officers had been following her since the last press conference. This time Seyhan Geylani Sondaş participated in the press conference. She said that she had gone to the police station to inquire about the sisters and had herself been detained. "They beat me and asked for my address. I gave the address of the restaurant where I am working as a waitress. I don't know what they said to my employer, but three days ago I was sacked."
Sara Aktaş: The student Sara Aktaş from Hacettepe University alleged that on 24 April three armed men had kidnapped her in front of her flat in Ankara-Eryaman. She told the HRA in Ankara that she had been imprisoned as a PKK member for 10 years. She had been released in 2004 and had registered at the university. The three armed men had told her that she was wrong thinking that she was "back to normal". Everything would start all over again. The men had driven her around for 1.5 hours and had beaten her before she was dropped on the road.
Cemile Kaya: On 28 April the police in Hakkari raided a house on the pretext that a wounded militant was hiding there. During the raid the owner Şükrü Kaya and his wife Cemile Kaya were detained. Their nephew Kadir Tan stated the police officers had beaten Cemile Kaya and had broken the windows and the entrance door..
Fatma Akaltun: The nurse Fatma Akaltun, board member of the trade union SES in Aksaray (İstanbul), alleged that the police officer Remzi Murat had beaten her at Eyüp State Hospital, where she was working. On 27 April she had been distributing leaflets on a strike action. The police officer Remzi Murat had taken away the leaflet, deprived her of her liberty for one hour and kicked and beaten her.
Members of the Platform of the Union of Fight: On 3 May members of the Platform of the Union of Fight who had been detained in İstanbul on Taksim Square held a press conference at the HRA in İstanbul. Dilek Gül spoke for the 56 detainees and said that they had been kept waiting in the bus for 24 hours. They had been insulted heavily and had been exposed to pressure. Several of them had been wounded, but in the hospitals in Bakırköy and Baryampaşa they had not been given medical reports.
Mir Zeydin Özcan, İbrahim Özcan: Mir Zeydin Özcan and his brother İbrahim Özcan were detained in Salihli district (Manisa) on 13 May. They complained to the HRA in İzmir stating that they had been tortured. Having been dismissed from work Mir Zeydin Özcan had launched a case against his employer Hüseyin Kocaağa. The employer had accused him and his brother of having fired at his car. In detention they had been tortured. Afterwards İbrahim Özcan had to stay in hospital for one week because of the torture. Mir Zeydin Özcan added that he remained in pre-trial detention for 93 days. Meanwhile he had been informed that the police officer Süleyman O. who had tortured them was on trial at Akhisar Penal Court on charges of ill-treatment.
Mehmet Ali Tosun: Mehmet Ali Tosun, member of the HRA in Ankara alleged that people who introduced themselves as police officers had threatened him and exerted pressure on him to become a police informer. On 20 May he held a press conference together with Salih Karaaslan, chair of the Ankara branch of the HRA, and said about the incident on 13 May: "The people demanded that I tell them what is done in the ESP. They knew all names of the members of my family and departed saying that we would meet again. On 17 May the same people stopped me on my way home and threatened me to become a police informer."
Musa Aşkara: Musa Aşkara, distributor of the daily Ülkede Özgür Gündem in Siirt, stated that on 18 May police officers had beaten and insulted him. He told the HRA in Siirt: "When I was distributing the paper in Evren quarter a police officer that I would recognize if I saw him came up to me and slammed me in the face three times saying that I should be a man and not an animal." Musa Aşkara added that he had been threatened over the phone and, when he went to file an official complaint, a police officer had prevented him from entering the prosecutor's office.
Remzi Temel, Fatma Kurt: In the night of 18 May the flats of DEHAP board members in Ankara, Şirin Altay and Remzi Temel were raided. Remzi Temel was held for 36 hours on the pretext that he was planning a bomb attack for the national celebrations on 19 May.
Remzi Temel stated that he and his relative Fatma Kurt had been detained on their way home. They had been forced to lie down and had been handcuffed, although Fatma Kurt was a minor. In addition, she had been searched by a male officer.
"Some 70 officers entered our flat not saying anything on the reasons for the search. They woke up my children. They took away the telephone from my wife who is suffering from asthma and may need the phone for urgent calls. They even looked into the cans for tomato puree. At 2am I was taken to Ankara Police HQ. During interrogation I was insulted and beaten. When I asked for a lawyer they cursed at the lawyer, too. Having testified in the presence of a lawyer I was interrogated again."
The lawyer Halil İbrahim Özdemir stated that the detentions were made on notice of an informer but the police did not say. He called it an arbitrary measure.
Kıymet Bakır, Süleyman Kızıltaş, Celal Kurt: On 22 May members of a special team in Yüksekova district (Hakkari) raided several houses in Kışla quarter. The woman Kıymet Bakır told:
"At 7pm when m husband was not at home the police surrounded the house with armored vehicles. They said they would search the house and I asked for a search warrant. When I opened the door they jumped on me and pressed against my shoulder that had been operated. While they beat me they searched the house. Later they came again twice."
Süleyman Kızıltaş said: "When they entered the flat they forced us to lie down and threatened us with arms. They broke several things. When I asked what they were looking for they squeezed my throat and threw me out of the flat."
Celal Kurt said: "During the search I came home. I had to lie on the ground and they shouted and jumped on me. My brother had to stay outside until 10pm and had difficulties to get him out of their hands. They did not ask anything."
Hacı Çetin, Ziro Koç: On 26 May Hacı Çetin was detained in Hakkari-Çukurca district. He said about torture in detention:
"At the beginning four police officers interrogated me after they had stripped me naked. Later the district governor Ünal Coşkun came. He demanded that I say everything and I said that I had nothing to do with the incident. Then one police officer and the governor started to beat me. I was beaten for hours. The governor was cursing at me and one police officer showed me a truncheon threatening that they would rape me with it. He also threatened to kill me, throw me somewhere and nobody would know about it. I repeated that I had nothing to do with it and only were under suspicion because I was a member of DEHAP. Later I was taken to the prosecutor. He released me after testifying."
Meanwhile Ziro Koç filed an official complaint against the governor Ünal Coşkun. In the application he stated: "I had gone to apply for a loan in the agricultural sector. The governor saw me in the corridor and asked me to come to his office. He immediately insulted me and slammed me into the face. He demanded that I should leave the district town. There are many witnesses for the incident including Nebi Erdal, Mehdi Sökmez and Sabri Koç." Being asked for the reason of such a treatment Ziro Koç said that he had gone to get the corpse of a PKK militant who had been killed in Çukurca district about one month ago.
Uğur Akdal, Murat X.: Uğur Akdal (14) complained to the HRA in Diyarbakır about beatings of police officers. He said that he was collecting plastic bottles and selling in the street when police officers came to him in front of Fatih Lyceum and beat him and his friend Murat (11). Now he had a broken finger. Uğur Akdal added that he had been beaten before by police officers.
Davut Evin: On 4 June soldiers of the gendarmerie raided the house of Davut Evin in Çatalca village in Şemdinli district (Hakkari). Davut Evin stated that the commander had insulted him when he asked for a search warrant. Davut Evin had participated in a protest at frequent street controls of taxis in Yüksekova and Şemdinli district. The protest had been conducted in front of Durak Gendarmerie Station.
Aziz Biçer, Celalettin Mert, Nebahat Mert, Naima Sayek, Songül Mert, Belkise Biçer, Zübeyde Mert, Aziz Mert, Atik Mert, Yakup Mert, Özal Sayek, İsmet Sayek: On 9 June soldiers and village protectors raided Burmataş hamlet, close to Hasanova district in Karlıova district (Bingöl). They allegedly beat the villagers and fired shots into the air.
Villager Aziz Biçer said that some 200 soldiers and village guard from Çırık village raided their village saying that seven militants were hiding in their houses. "When we denied it they started to beat us with the butts of their rifles. They cursed particularly at the women and dragged them over the ground by their hair. The village protectors with the first names of Hacı, Kadri, Sıddık and Kado killed many sheep. The soldiers beat in particular Celalettin Mert (70), Nebahat Mert, Naima Sayek, Songül Mert, Belkise Biçer, Zübeyde Mert, Aziz Mert, Atik Mert, Yakup Mert, Özal Sayek and İsmet Sayek.
Celalettin Mert stated that they complained to the governor in Karlıova district, Erkan Çapar, but he ripped the paper into pieces and accused them of feeding and hiding PKK militants. The governor praised the soldiers for what they had done. Together with Abdülkerim Mert Celalettin Mert had gone to the Commander of the Gendarmerie Station in Karlıova and he allegedly had threatened them with burning down the village.
Müzahit Karakuş: Müzahit Karakuş, Secretary of the Teachers' Union Eğitim-Sen in Van said on a press conference on 10 June that someone from JİTEM had threatened him over the phone to kill him. Karakuş added:
"At 11pm my mobile rang. The person on the other side that he was from JİTEM and gave a name like Cevat or Cahit. I was not fully awake and, therefore, I do not remember the name exactly. Later the phone rang again and the person called himself a major from JİTEM. He accused me of making politics and having contacts to illegal organizations. I should take care otherwise I would be the victim of an extra-judicial killing."
Ferdi Taşpınar, Mehmet Ali Dülger: On 13 June the police in Konya beat Ferdi Taşpınar (29) and Mehmet Ali Dülger (19) after having detained them wrongfully. After a reported fight around 11pm the two fighting persons ran away from the police towards the hospital. At this time Ferdi Taşpınar and his nephew Mehmet Ali Dülger came running to hospital to donate blood for a relative. The police stopped them. When they objected the police took them to a post nearby and beat them. When the police officers could not find a knife they realized that they had stopped the wrong person. Reportedly Dülger had a dislocated shoulder from the beatings.
Mustafa Uduncu: Mustafa Uduncu (21) complained to the HRA in Diyarbakır stating that police officers had beaten him on 19 June. He said:
"I was sitting in the shop of a friend in Seyrantepe. Suddenly 10 uniformed police officers stormed in. They did not say anything but took us outside beating us with truncheons and the butts of their rifles. My friend was able to run away. I fell down and was kicked into my stomach. They hit me in my face and on my back. From the beatings with truncheons on my head I was dizzy. Later the police officers went away. The next day I went to Sanayi Police Station to complain, but was sent to the police station in Huzurevleri. Here I fainted. My elderly brother took me to hospital and was given a medical report."
Sait Milas, Erol X., Abidin X., Bülent X.: On 20 June soldiers conducted an operation near Yüksekova district (Hakkari). Allegedly they beat six villagers on accusations of having supported PKK militants. The shepherd Sait Milas said: "We woke up with noise of arms. The unit had surrounded us. They fired at our feet saying that we were supporting the PKK. They stopped ill-treating Erol, Abidin and Bülent and started to torture me. They said that eight militants were in the area and I was their leader. They broke my nose. The physician at the gendarmerie station did not issue medical reports."
Rıza Tanış: During a demonstration for Abdullah Öcalan in İstanbul-Küçükçekmece on 25 June an armored vehicle hit Rıza Tanış (15). Although he had broken ribs and a broken arm the police officers allegedly beat him. Rıza Tanış said:
"On my way home I watched the demonstration. Suddenly an armored vehicle came and drove into the crowd. I tried to run away but it drove over me. For a long time I could not breathe. When I opened my eyes I saw that the police officers had taken me into the vehicle. Although I was injured they beat me. They took me to Kanarya Police Station and continued to beat me there. They insulted me and cursed at me saying that I was a terrorist. One police officer saw that I could not breathe and suggested to take me to hospital. With a car they took me to Bakırköy State Hospital. They simply put a bandage in my bleeding arm. The physicians did not believe that I had been hit by an armored car. They did not give me a report saying that this was the matter for a court."
Lawyer Asiye Ülker said that without treatment Rıza Tanış was taken to the Juveniles' Department in Halkalı. Only on her intervention had he been taken to hospital again. Here he underwent an operation and was certified 3 months' sick leave. Ahmet Tanıs, the father of Rıza Tanış, said that the police officers had told him that his son had died. He had gone to the police station and had asked for the corpse if his son was dead or that he was released, if he was alive. "Immediately the police officers insulted and kicked me and threw me out of the police station. I could see my son only after a lawyer had arrived. At the department for juveniles they insulted us calling us traitors and terrorists."
Haydar Kapu: Haydar Kapu (60) alleged that he had been threatened with death in order to leave his village Pınar in Tunceli province. On 28 June his son had been taken to the gendarmerie station. "I went to see my son at the headquarters in Tunceli. The commander Namık Dursun insulted the sergeant who had taken me to his office. There were other people in the room including civilians. The commander turned to me saying 'son of a bitch, I know what you have been doing. Leave your village. If anything happens there I'll set you on fire'. He accused me of providing shelter for militants. In the end he pointed at someone with a beard and said 'he will take care of you'."
Yunus Demir: Yunus Demir (67) alleged that he had been beaten at the gendarmerie station in his village Bezirhane (Ağrı province). On 27 June he had been called to the station and the commander with the first name of İsmail had accused him of occupying the land of other people. "I said that I had not done anything like that and that everything was settled in official papers. Thereupon the commander hit me with his fist on my left eye shouting that the others, too, should beat me (the son of a b.). Zeki Kaya, Mustafa Kaya, Abdullah Kaya and M. Emin Kaya from Karaşeyh village with whom I had a dispute over land later beat me, too."
Ali Haydar Çatakçin, İbrahim Çatakçin: On 30 June various organizations including the political parties DEHAP and EMEP held a press conference in Tunceli stating that the Eğitim-Sen member Ali Haydar Çatakçin and İbrahim Çatakçin had been beaten by members of a special team. They had been stopped after a visit to a grave.
Abdullah Özgenç, Cüneyt Tişkaya, Halit Çelik, Oruç G., Ergün Kaymaz, Mehmet Keban: On 4 July Abdullah Özgenç, Cüneyt Tişkaya, Halit Çelik, Oruç G. (17), Ergün Kaymaz and Mehmet Keban were detained in Antep after a press conference related to the killing of 17 MKP militants in Tunceli, They alleged to have been tortured. Speaking for the ESP in Antep Özgür Devrim Köse said that Oruç G. had temporarily lost his memory because of the beatings and two friends had been forced to become informers.
Bülent Yılmaz: Bülent Yılmaz (30), living in Ovacık district (Tunceli) alleged to have been kidnapped and tortured on 10 July. He suspected the kidnappers to either be police officers or members of JİTEM and said:
"At the entrance to Ovacık a white car stopped me and the occupants said that I should enter their car. One was blond, the other one had a beard and the third one was bold. In the car they immediately started to curse and beat me. They accused me having friends and if I did not tell them their places they and I would be killed and thrown into the river. I told them that I did not know anything and they beat me with the butts of their rifles. At the place where the rivers Munzur and Mercan meat they put a snow mask over my head and left me to others. I suppose they were 4 or 5 people. I was beaten again. Close to the Uzunçayır Barrage I was beaten until 4am. In the car one called another one 'commissioner'. When they dropped me they said that I should not move for 1.5 hours or soldiers would shoot me. I stayed without a movement and later went to Puğluçayır village. I called friends who came with a car." Bülent Yılmaz alleged that police officers at the hospital took away the medical report when they heard that he wanted to launch an official complaint.
Selçuk Ulavur: Selçuk Ulavur, member of the Association for Basic Rights and Freedoms in Ankara, alleged that police officers threatened him. On 18 July at 11pm two persons claiming to be from the intelligence of the police had stopped him on his way home. They said that they did not belong to the police but he should stop to be against the State or they would smash him. They asked him to accept his contact to Eyüp Beyaz who had been killed in front of the Justice Ministry.
Cemil Bilgili, Cem Bilgili: On a press conference of the solidarity association with prisoners on 25 July Cemil Bilgili stated that he and his nephew Cem Bilgili had been tortured. On 14 July his nephew had had a fight with someone on Çağlayan quarter (İstanbul). He had separated them, but the police had taken them to the station. "We were exposed to insults and beatings. On various parts of the body we received heavy blows. In Şişli Eftal Hospital our wounds were detected. When we said that we would file a complaint we were beaten again." Cem Bilgili was arrested on charges of insulting the flag and resisting officials.
Reşat Bozkurt, Mustafa Taşkıran: On 20 July soldiers allegedly beat the shepherds Reşat Bozkurt and Mustafa Taşkıran near Yılanlı village in Doğubeyazıt district (Ağrı). The shepherds had been detained because they had too many blankets and food with them. Both were held for two days and reportedly their requests for a lawyer were not met. On 21 July Hacı Mustafa Bozkurt, his son Mehmet Bozkurt and Burhan Bozkurt were detained in Yılanlı village. Together with the two shepherds there were remanded on charges of supporting an illegal organization.
"Hülya", "Eda", "Ezgi": On 21 July the police in İstanbul reportedly beat the transvestites with the nicknames of "Hülya", "Eda" and "Ezgi" in Çapa quarter. According to an article in Özgür Gündem the three persons entered a taxi and when it stopped at the traffic lights some 30 police officers forced them out of the car and beat them. Reportedly medical reports were issued on the three victims but they did not get a copy. The prosecutor released them on charges of having resisted officials. The victims allegedly did not file official complaints since they did not see a chance of getting justice.
Abdulkadir Akgül, Ergin Demir, Cigerhun Erişen, Zübeyit Keserci, Muzaffer Keserci: Abdulkadir Akgül, Ergin Demir, Cigerhun Erişen, Zübeyit Keserci and Muzaffer Keserci were detained in Erciş district (Van) on 21 July. Their lawyer Cemal Demir said that in hospital they were shown as healthy although they had been tortured. On objection Abdulkadir Akgül had been examined again and was certified blows and bruises. For the other victims the examinations came too late since 8 days had passed since the incident. The lawyer complained that the physicians were under pressure because the police officers would not leave the room during examination.
Bayram Taşdelen: On 29 July Bayram Taşdelen was beaten by four people in Kars. Kars State Hospital issued a report certifying 25 days' sick leave. Bayram Taşdelen said that he knew 3 of the four men and one of them was definitely a police officer. Bayram Taşdelen had been in prison as PKK member for 10 years.
Mehmet Ali Satır: At the beginning of August Mehmet Ali Satır (20) was beaten by plain clothed detectives, while waiting at a bus stop in Tarsus district (Adana). He alleged that four officers continued with the beating at police headquarters. Tarsus State Hospital certified him as healthy. After release Mehmet Ali Satır went to hospital again but was hindered by police officers. Only after the third examination he was certified a wound to his head, bleeding from the ear and danger of a brain trauma.
Mahmut Kavak: Reports from Savur district (Mardin) stated that Mahmut Kavak. DEHAP member living in Çınarönü (Cılin) village was threatened with death by the commander of Sürgücü Gendarmerie Station. Mahmut Kavak had gone to Beytüşşebap district (Şırnak) to get the corpse of his relative Mehmet Emin Sincar who had been killed in a clash. On 7 August he returned home. At 11pm the commander called him over the phone and asked him to come to the station. At the station he asked about the trip to Beytüşşebap and in reply said that he wished there would be an incident like the one with the lieutenant. In that case he would know what to do with him.
Mahmut Kavak stated that in 1997 a lieutenant had been killed close to his village (Coşkun Telci). Four villagers had been tried in connection with the incident. He had been imprisoned until last year and since then had been threatened repeatedly. Mahmut Kavak informed the HRA in Mardin and filed an official complaint with the prosecutor in Savur.
M. Reşit Teke: The taxi driver M. Reşit Teke filed an official complaint with the prosecutor in Gaziosmanpaşa (İstanbul) stating that plain clothed officers had beaten him. He said in his complaint:
"When I left home on 13 August five civilian dressed people cut my way. They left their car and came over to me asking whether I knew 'Mehmet from Mus'. When I said 'yes' they started to curse. I should tell him to move his house from here. I asked them to stop cursing and one of them beat with a walkie-talkie. Then they dragged me out of the car and all of them started to hit me. All of them were armed and later I was informed that they are police officers."
M. Reşit Teke later went to the health center in Arnavutköy but reportedly did not receive attention. He suspected that the police officers employed close to the health center had instructed the personnel.
Yusuf Demir: Yusuf Demir (16) selling water at Taksim Square (Istanbul) alleged that plain clothed detectives beat him in mid-August. They had come in a minibus and all kids selling water had started to run away. He had stopped when one police officer drew a gun. The tall and heavy weighted police officer had come up to him and immediately hit him with the gun. Then he had taken him to the minibus constantly beating and cursing at him. He had been taken to the car park in Dolapdere and been kicked at and beaten. Then he had been set free. Yusuf Demir complained to the HRA in İstanbul and the public prosecutor.
Mehmet Tunç: On 21 August Mehmet Tunç and another three persons were detained in Konya on allegations of selling smuggled cigarettes. They had been taken to the department for smuggling. The keeper Ö.E. had cursed at him and when he objected had cut his face with a broken glass. Although the police put him under pressure Mehmet Tunç filed an official complaint.
Servet Alçınkaya, Ahmet Biberoğlu: Cumhuriyet reporter Servet Alçınkaya alleged that police officers beat him on 23 August. With his friend Ahmet Biberoğlu he had been walking on İstiklal Street at 9.30pm when four uniformed police officers stopped them and asked for their IDs. He had asked for their IDs to be sure that they were police officers. Therefore he had been forced into the police car. His friend had stepped in front of the car to prevent it from moving and was beaten. Servet Alçınkaya stated that he was beaten in the police car and at Taksim Police Station. He was held at the station until the next morning but requests to inform his family were not met. The next morning a prosecutor ordered his release.
Ayhan Özgür: Reportedly the guards of Prime Minister Recep Tayyip Erdoğan beat Ayhan Özgür on 29 August after a discussion about traffic. The guards had stopped him on the motorway E-5 and asked him to step out of the car. He had refused to do so because he would have been beaten more severely as in the car. Ayhan Özgür said that he would not file an official complaint but wanted the Prime Minister to see what his staff was doing.
Ahmet Sarıtaş, Fahrettin Işık: On 31 August M. Salih Ataç, Ramazan Boğadır, Hüseyin Andıç and Ömer Faruk Akyüz were put in pre-trial detention. They had been detained at a funeral for HPG militants who had been killed in clash near Gercüş district (Batman). They were charged with staging an unauthorized demonstration, praising a crime and attacking officials. Among the detainees M. Salih Ekinci, Ahmet Sarıtaş, Abdulkuduz Garzan and Fahrettin Işık were released by the prosecutor. Fahrettin Işık said that he had been detained although he did not participate in the demonstration. He had been wounded to his had and traces of blows at his back and face. Ahmet Sarıtaş said that he had been detained under beatings at the coffee shop where he was working. In the ambulance the police officers had continued beating him.
Nasip Kurt: In mid-August security officers at the central bus station in Antalya interfered when Nasip Kurt had an argument with his lover Emine Yılmaz. According to an article in the daily Milliyet the security officers handcuffed him and took him to an area with trees where he was severely beaten. For two days Nasip Kurt stayed in intensive care at Antalya State Hospital. He lost sight on his right eye. The security officers were detained on complaint of Nasip Kurt but released after testifying.
Fikret Korkmaz, Süleyman Korkmaz, İsmail Korkmaz, Mehmet Korkmaz, Taha Korkmaz: On 1 September the village guards Fikret Korkmaz, Süleyman Korkmaz, İsmail Korkmaz, Mehmet Korkmaz and Taha Korkmaz refused to participate in a military operation between Çukurca and Uzundere district (Hakkari). They alleged that sergeant Muzaffer B. from the central gendarmerie station beat them because of their refusal.
Cemal Coşkun: On 2 September Cemal Coşkun, member of the parliament of DEHAP, spoke at a press conference at the HRA in İstanbul. He said that he and his family were under constant threats of the police. He said: "If I am wanted the police can easily find me but in the last two weeks the police officers came four times always at hours when my 14-year-old daughter was at home. Under threats and insults and with guns and walkie-talkies in their hands they asked for me. My family insisted on giving my phone number but they did not take it or tell them their place of duty. My family and I are disturbed by this behavior."
Yılmaz Pişkin, M.K.: Yılmaz Pişkin and M.K. (14) were detained after a demonstration for Abdullah Öcalan in Mersin in 5 September. After release on the same day M.K. stated that the police officers had taken them to an empty space and beaten them up. He said: "With a stick in his hand a police officer called us from inside the DEHAP office. When I came out a plain clothed officer hit me on my chest with a stick. Then Yılmaz and I were taken to en empty space close to the office. I was hit several times with a stick, but they laid Yılmaz down and kicked and beat him on the ground. Later they took us to the department to fight terrorism at Mersin Police HQ. Beatings continued here and they asked questions about religion. Out of fear I had to sign a paper that I did not read. Only the last page I wanted to read but they said 'sign quickly, or you'll get a broken nose'.
Lawyer Serhat Ölmez who visited Yılmaz Pişkin in prison said that he saw wounds at the left hip, bruises at his left knee and behind his ears of him. Pişkin had told him that officers from the special force had beaten him. He had asked to be taken to hospital because of difficulties in breathing. He had been taken there and kept waiting for hours. In the end he had only been given serum. He had been forced to sign a statement although he was illiterate.
Beaten Demonstrators: On 11 September several people protested the decision of the governor in İstanbul to postpone the protest of the military coup on 12 September for one month with a press conference in Kadıköy (İstanbul). The police threw gas bombs at the participants of the press conference and detained 54 people under beatings. When the detainees shouted slogans on their way to the police buses the police used pepper gas. Among the victims Özgür Karakaya had a broken arm and the President of the trade union Limter-İş, Cem Dinç was wounded to his head.
Beaten Demonstrators: During a demonstration for Abdullah Öcalan in Siirt on 6 September the police detained 20 people. They later complained to have been beaten and insulted in custody. Metin Beydoğan said: "After the action we went to the office of DEHAP. The police officers entered breaking the door and attacked us with sticks and truncheons. They laid us on the ground and beat us. In the car and detention center we were exposed to rough beatings, cursing and insult. In custody they extinguished a cigarette on my arm."
İsmail Perktaş, Dursun Yıldırım: İsmail Perktaş and Dursun Yıldırım were detained in İstanbul on 17 September on accusations of being members of an illegal organization in preparation of suicidal attacks. During a press conference at the HRA in İstanbul İsmail Perktaş stated that he was badly treated because he was born in Tunceli. At Beyoğlu Police Station they had been beaten and insulted. Dursun Yıldırım said that after release the police had taken him to a side street of İstiklal Street and had beaten him there. He said: "They wanted me to run. Eyüp Beyaz came to my mind and I thought that I might be killed like him. I did not run but walk and, therefore, they beat me again." Lawyer Sevim Akat said that the detention had not been registered and that they would complain about the police officers.
Beaten Demonstrators: On 19 September the Association for Basic Rights and Freedoms held a press conference in Tunceli. The police detained several people. Among the detainees Özcan Dutağacı and Ali Demir were remanded on 25 September. In protest at their imprisonment another press conference was held on 28 September. Murat Kaymaz, Ziya Kulbak, Ali Ekber Kaya, Hüsniye Mavi, Eylem Vural, Onur Munzur, Özgür Demir, Timuçin Kılınç, Oğuz Bulat and Duygu Kalanç were detained under beatings. Seven of the detainees were remanded on 29 September on charges of resisting official and disturbing public peace. The Association stated that in particular Özcan Dutağacı was severely beaten in custody.
E.B., N.Ç., M. Kılıç, Ç.Ş., İ.Z.: On 2 October the children E.B., N.Ç., M. Kılıç, Ç.Ş. and İ.Z. were detained in Ordu and held at Ordu Central Police Station. Their families filed an official complaint stating that their children had been tortured. They were detained after an accident during a concert. At the police station they were allegedly beaten and threatened with rape or having photographs taken while they were naked. The families also alleged that there children had not been taken to hospital and at the end of detention threatened not to get reports and file complaints.
E.B. said that a motorcycle had hit him, but instead of the driver he and his friends had been detained. In the police car the bearings had started. "One grabbed my by my hair and hit my head against the window of the car. At the police station 7 to 8 officers attacked me and my friends. Later I was taken to a separate room and stripped naked. They threatened to take my photograph. They also squeezed my testicles. In the end I was taken away in car and threatened with death before they threw me out of the car."
N.Ç. said: "In a separate room they squeezed my testicles. I would recognize them if I see them. At one stage I became dizzy and fell down. They warned us not to go to hospital and not to file complaints."
M. Kılıç said: "They took me to the second floor and stripped me naked. Saying that they would make me queer they started to beat me. One officer squeezed my testicles. The beatings continued before I was taken to another room. I heard sounds from one room 'stop, uncle' and someone was weeping.
On complaint Ç.Ş. testified to the prosecutor. He said that he had been beaten in the police car. He had been undressed in one room at the police station. He had heard the screams of his detained friends. At the hospital he had said that he had been tortured and he had been given a medical report.
İ.Z. said that he tried to get closer to the singer at the concert when special security officers had prevented him, taken him away and handed him over to police officers. Under beatings he had been taken to the police station where he saw his friends N.Ç., M.Kılıç, Ç.Ş. and E.B. Shortly afterwards they had been taken out of the common room and he had heard the screams of them. At the health center he had said that he had been tortured. The physician had looked at his wounds and had issued a report. He had been taken back to the police station and only on the next day been presented to a prosecutor. He had complained to the prosecutor about the special security and the police officers. A judge had ordered his release.
Gürser Eser: On 7 October during the Friday prayers of Prime Minister Recep Tayyip Erdoğan in a mosque in İstanbul-Eyüp members of the anti-riot squad beat Gürser Eser, reporter for the Anatolian News Agency.
Musa Çağlayan: During a press conference of the HRA in Ankara on 12 October the student Musa Çağlayan said that the police had forced him to become an informer. They had looked for him at home and since he had not been there had called him over the phone and said that they wanted to ask some questions. The officers had introduced themselves as Metin and Şahin and has asked him to get information from university.
"In case that I refused they threatened that bad things would happen to me and my family. If I agreed I would 500 YTL each month and grants that I applied for. On 10 October the police officer Şahin again insisted on a meeting. When I refused he threatened me so that I met him on 11 October. He took me to some side streets but I insisted to speak to him close to traffic police officers. He did not agree and I went away saying that I would never work for them. Talking behind my back he again said that bad things would happen to me.
Ali Erol: Ali Erol, village protector in Geçitli (Peyanıs) village (Hakkari) alleged that police officers had kidnapped and tortured him on 12 October. He added that the intervention of DEHAP and lawyers saved him.
In the evening he had left the village to go to Hakkari. At the control post in Merzan quarter he was stopped. Plain clothed detectives put him into a minibus saying that he would have to testify. He was taken to an unknown place. Other passengers informed DEHAP and the lawyer Zeydin Kaya. They inquired but Hakkari Police HQ and the gendarmerie both stated that such a person had not been detained. Hakkari deputy Fehmi Öztunç and the Mayor Metin Tekçe inquired again at Hakkari Police HQ and the governor's office. Late at night Ali Erol was set free close to Merzan quarter. After release Ali Erol stated:
"First I thought I would be taken to Hakkari Police HQ. But as soon as I had entered the minibus of the police someone forced me to the ground and blindfolded me. We drove for about 20 minutes. I could not see anything but from the smell I guess that it was the place for waste. They asked me about many names from the village and wanted me to accept that I was either a member or supporter of the PKK. I denied and was constantly beaten. They hit me on my head with a heavy tool. Twice I heard shots at my back. They were about to kill me. The phone calls rescued me. When they left me they said that I should not say anything wrong."
At the hospital Ali Erol was given a medical report certifying two fractures at the head and signs of blows on the body requiring 22 days' sick leave.
Fatma Özbey, Habip Akkaya, X.X., X.X., X.X., X.X.: On 12 October members of the ESP chained themselves to traffic light in Kadıköy (İstanbul) in protest at the draft Law to Fight Terrorism. The police detained six ESP members. They later stated that they were tortured at İskele Police Station. They filed an official complaint on 17 October stating that the women had been body searched in complete nakedness. All had to leave their shoes before they were put in cells. They stayed there barefooted for the whole day. Reportedly Fatma Özbey had a fracture at her head and Habip Akkaya had fainted in the police car. During the medical examination at Haydarpaşa Numune Hospital the handcuffs were reportedly not taken off.
Erol Sert: Erol Şişli, working as private security officer in a shop in İstanbul-Şişli alleged that police officers beat him in mid-October. He told the HRA in İstanbul that he had been beaten by officers from Feriköy Police Station because he refused to give them money. Earlier he had given them 30 YTL out of fear and the last time they had asked for 40 YTL. He had asked them for the reason and they had stated that they needed some fuel. "When I refused they issued a ticket for illegally collecting money for parking. But all I do is showing the customers a place where they can park their cars. In the middle of the street the police officers started to beat me."
Erol Sert complained that the people around did not intervene. One of the police had said 'I am İzzet from Çanakkale. I have put you on my black list. I know you are from the East (Kurd). This officer had hit his head against the window of a car and about 10 police officers had attacked him at the same time. Lying on the ground he had been kicked at and handcuffed. "I opened my eyes in hospital. The police officers did not permit that I was given a report. Therefore, I don't know what was written there. The police officers were swearing the whole time."
Sabri Varol, Cihangir Kılıç: Reports from Ordu stated that on 14 October police officers beat Sabri Varol and Cihangir Kılıç. Sabri Varol said that police officers came up to them when they said good bye to each other. Without any notice the officers had started to beat them. The beatings had continued in the police car. "I told them that I had a weak heart, but they did not listen. My friend repeated it and shortly afterwards I fainted. At Ordu Police HQ they poured water over me, took us downstairs and beat us again." Cihangir Kılıç said that Sabri Varol fell ill at night and the police officers panicked and took him to hospital. The physician was amazed about the state the patients were in. Nevertheless both persons were fined 50 YTL for having made noise at night.
Oğuz Korkmaz: The bus driver Oğuz Korkmaz alleged that police officers beat him near Ulaş district (Sivas) on 21 October. He had started the journey in Kangal district to go to İstanbul. In Ulaş he stopped to get more passengers. Ulaş Chief of Police Nurettin Çolak asked the driver for his papers. Oğuz Korkmaz wanted to know who he was. A discussion arose and the police chief called two police officers from the close by station. The officers took the driver into a shop and beat him there. The shop owner Remzi Erdoğmuş alleged that the police officers were responsible for the fact that windows of the shop broke.
Oğuz Korkmaz later said: "The police chief was not uniformed. He asked for my papers saying that he would fine me for wrongful parking. I asked for his ID. First he slammed me and then he called police officers who beat me in the shop. The police officers complained about the driver and the co-driver Bekir Halver and, therefore, both were detained by the gendarmerie.
Zeki Öztürk: Former HADEP executive Zeki Öztürk alleged that police officers beat him in İstanbul-Silivri on 22 October when he had a discussion about a traffic accident. Zeki Öztürk said that the attitude of the police officers changed when they heard that he had been involved with the HADEP. He added that beatings continued at the police station. He was remanded on charges of resisting police officers and insulting them. He was released on objection of his lawyers.
Nurettin Martı: Nurettin Martı complained that he was tortured in Başkale district (Van). In his complaint to the prosecutor he stated: "On 24 October I was on my way home when the police officers K. and S. forced me into their car and took me to an empty space. They asked me to become an informer. When I refused they took me to the police center for traffic. Although they tortured me I did not accept to become an informer. Both officers took off my trousers and threatened to rape me. They refrained from doing so. They constantly hit me with their pistols. They threatened that I was living the last hours of my life if I did not agree to work with them. I should think of my children who would experience the same thing. All they wanted to know was on movement in the area since PKK militants came there."
Nurettin Martı added that the police officers threw the bread and meat he had bought away and did not give back the 200 YTL he had on him. He was threatened not to tell anyone about it, otherwise his children would be killed.
Okay Kınık, X.X., X.X., X.X., X.X.: Following a demonstration in Mersin on 26 October during which students protested the attack of right-wingers against students who did not fast the police detained five students. They alleged to have been tortured. Okay Kınık said:
"In the police car we were beaten when they took us to the police station in the center. They had no cells and took us to Mersin Police HQ. We spent the night there. In the morning a team from the central station came. They handcuffed us and took us to the hospital. The wounds of the beating and the traces of the handcuffs were noted. When the physician left the room the police officers attacked us. They laid us on the ground and put the handcuffs on. We were put in a car and brought to the central station. Here the police officers attacked us again and dragged us to another car. We testified to the prosecutor and on order of the prosecutor we were taken to the Forensic Institute. We received medical reports. We identified two of the police officers and provided names and descriptions for the others to the prosecutor." Okay Kınık added that he had pain in his left foot and chest and traces of blows under his shoulder, his throat and his head.
Villagers tortured: On 29 October the gendarmerie station in Erenkaya village, Eruh district (Siirt) was attacked. Afterwards the soldiers raided the village, beat the inhabitants and threatened that they would have to leave their homes.
A delegation of the HRA spoke to the villagers afterwards. One of the victims told them that all male inhabitants had been taken to the gendarmerie station. "We had to hold our hands behind our heads and kneel down in one row. In this position we had to wait for one and a half hour. It took them until the evening to put down our particulars and take photographs. 45 people were taken there but they only took the testimony of 15 of us." The villagers said that their headman Nurettin Yıldız had been taken to Eruh. He had been beaten. The commander at Eruh Gendarmerie Station had said that the villagers should be content. If it had been up to him he would have fired at the villagers.
The villagers also complained that they were not allowed to graze their cattle after the attack on the gendarmerie station. For two days their phone and electricity had been cut. Each time they left the village they had sign a paper. The houses of those living close to the station had been destroyed and they had been forced to sign papers that they did not out of their own free will.
Sadık Öncel: O 2 November police officers in Diyarbakır stopped a minibus in the Kuruçeşme region and beat the driver Sadık Öncel severely. One of the passengers, Tahsin Akdağ said: "We stopped on demand and were asked where the prostitutes were that had been brought to us. They did not believe us when we said that we had no clue. After a discussion with the driver they beat him up with sticks." Some 200 people protested the beating of Sadık Önel by closing the road for traffic.
F.D.: After a demonstration for a democratic and peaceful solution of the Kurdish question in Diyarbakır on 13 November the girl F.D. (17) was detained under beatings. She told the HRA in Diyarbakır that she had been held for eight hours at the department to fight terrorism. She had been taken to the juveniles' department. Here she was body searched stark naked and held for 40 hours. Together with other minors she had been held in a cold cell without fresh air and, although they asked for it, had not been given anything to eat or drink on the second day.
X.X.: At the end of November an unidentified young men was beaten by police officers on Sadrı Alışık Street (Beyoğlu-İstanbul). The incident was accidentally filmed by a cameraman from Samanyolu TV. The beating police officers reportedly worked at Beyoğlu Police Station. The young man was detained and charged with theft. He was released on a judge's order. Beyoğlu Chief of Police Ali Gedik alleged that the persons who had beaten the young man were construction workers.
Members of the Music Group Yorum: The members of the music group Yorum were detained in İstanbul on 1 December. During a press conference on 5 December they alleged to have been tortured. Selam Kıl said that plain clothed detectives had detained them on the pretext of a tip-off. "They beat us with wooden sticks. Even at the First Aid Hospital in Taksim the beatings continued. One police officer bent my arm and shouted 'I am torturing you'. Nobody interfered.
İsmet Öztürk: The lorry driver İsmet Öztürk alleged that police officers at the border station in Silopi (Şırnak) beat him on 4 December. He had been waiting there for two weeks to cross into Iraq. He had asked patrolling police officers when he would be allowed to continue his journey and they had beaten him with sticks and truncheons. When other drivers tried to interfere the police officers shot into the air. Eye witness Mahmut Koç stated: "The colleague only asked a question, but the police officers started to beat him. When we interfered they fired four shots into the air and then they escape in a police car. The only reason for their action that we do not bribe them. If anyone jumps the queue they take 100 dollar from him."
Çağrı Yağar: On 4 December the Democracy Platform in Antalya held a press conference in protest at the incident in Şemdinli. Evrensel reporter Çağrı Yağar was reportedly beaten by a civilian dressed police officers. The officer also broke his camera.
Orhan Kara, Vedat Hacı Ali, İdban Kaplan, Şeref İnanç, Nezir Ayan: Orhan Kara, Velat Haci Ali, İdban Kaplan, Şeref İnanç and Nezir Ayan were detained in Şırnak on 5 December and remanded on 9 December. They alleged to have been tortured at Silopi Police HQ. Lawyer Erdal Kuzu spoke to them in Mardin Prison and said that they had been beaten, given electric shocks and while being naked they had been hosed with cold water. At an empty space guns had been held to their heads and they had been threatened with death.
Erdal Kuzu stated that he filed official complaints with the prosecutor in Mardin and his clients had been sent to the Forensic Institute on 20 December. The lawyer accused the prosecutor not to have noted the complaints of his clients. Vedat Hacı Ali had been heavily beaten over two days and now had difficulties in hearing. Şeref İnanç had a wound between his eye brows and the wound had been stitched.
Gıyasettin Demir, Nedim Demir: On 8 December soldiers detained Gıyasettin Demir and Nedim Demir in Geçitli town (Hakkari). Ali Demir had complained about the officials at Geçitli Gendarmerie Station because they had occupied his land. The soldiers did not find him at home and detained his sons, Gıyasettin Demir and Nedim Demir, instead. The brothers were taken outside town, a gun was held to their head and they were asked how they dared to complain about the State. A lieutenant had asked them whether they knew sergeant Ali Kaya who had been involved in the Şemdinli incident and told that they would revenge him. After three hours the brothers were released after testifying. They complained to the HRA in Hakkari and the public prosecutor.
Mehmet Mamuk: Mehmet Mamuk living in Dost hamlet, Baldan village (Tunceli) said that he had been threatened by armed people he believed to be intelligence officers. On 11 December he had been driven home when three armed men stopped him and asked him questions about his daughter living abroad. Mamuk added that earlier armed men had threatened and accused him of supporting an illegal organization.
Sevda Aydın: Sevda Aydın working at the Ekin Art Center in İstanbul-İkitelli alleged that on 12 December plain clothed detectives kidnapped and raped her. Speaking at a press conference of the HRA in İstanbul Fatma Yıldırım, member of the Association of Families of Revolutionary Prisoners (DETAD) said that two days before the incident Sevda Aydın had moderated an activity in Bayramtepe quarter in solidarity with the Kurdish people. She had been kidnapped by three men when she was waiting for a bus. The men had pulled a sack over her head and had used medicine to make her faint. Sevda Aydın had realized that she had been raped when she awoke. The persons at her side had said 'continue your revolutionary arts' work, if you can'. They had not removed the sack and dropped her around 9pm in Çobançeşme quarters. Fatma Yıldırım added that Sevda Aydın had seen the kidnappers in the beginning and could identify them.
Eight Persons: The kidnapping and rape of Sevda Aydın was protested in İstiklal Street (İstanbul) on 14 December. The police detained eight persons. They were released on 16 December. The following day the demonstrators spoke at a press conference at the HRA in İstanbul and said that from the first moment of detention they had been exposed to violence. One of them had a broken hand, another one broken ribs and one of them had been hit on the head.
Development on Cases from earlier years
İlkutlu Gönülal, Sedrettin Dinçer, Mehmet İnce, Fethi Soydan, Sedat Aban: On 31 May Ankara Heavy Penal Court No. 1 continued to hear the case of former Minister in ANAP-MHP-DSP government (28 May 1999 to 5 September 2001) Koray Aydın charged with fraud. Former staff member of the Ministry İlkutlu Gönülal was heard as witness. He said that he had been held in custody for one week before he testified and had been exposed to psychological torture. His statement had not been the result of his free will. Sedrettin Dinçer, former advisor to the Minister said that the prosecutor at İstanbul SSC had called him in September 2001. He continued:
"Without talking to me the prosecutor sent me to the police station. Here I was confronted with the event. I stayed at the police station for seven days and I am thankful that I came out there alive. I was tortured and tantalized. There was no food, no water. I was exhausted. I was stripped naked and then interrogated. There are other things I do not mention here. When I testified to the prosecutor my feet were bad. I showed them but he said that this was not of his interest."
Mehmet İnce said that he had been blindfolded, forced to sit on his knees. He had been forced to listen to loud music and to sign a statement. He had been insulted at the prosecutor's office. Fethi Soydan said that he had been tortured over seven days. He had been hosed with water, had been beaten, left without food and water and had been forced to sign a statement. Former inspector Sedat Aban said that he had been beaten and insulted.
Ebubekir Temur (police officer): On 28 December İstanbul Heavy Penal Court No. 6 continued to hear the case of Ebubekir Temur, chief of the department for law and order and Güngören Police HQ. He was charged with causing the death of a person during a traffic accident on the Bosphorous Bridge on 22 January 2005. When the judge asked him about contradiction with this statement to the police and in court he said that the statement taking at the police station was not his own. He had told the interrogators that he was 'beside himself', but they said that they had received instructions and had forced him to sign the statement although he had almost been unconscious.

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Trials and Investigations into Incidents of Torture and Ill-treatment
In June Justice Minister Cemil Çiçek answered a question tabled by CHP deputy from İzmir, Kemal Anadol. He stated that compensation that had to be paid after judgments of the European Court of Human Rights were not reclaimed from the responsible persons. The second package of the Harmonization Laws for the entry to the EU (Law No. 4748 passed in 2002) had introduced the provision to claim compensation that had to be paid on judgment of the European Court of Human Rights back from the civil servant responsible for the human rights violation.
The Minister stated that since this law was passed the provision had not been implemented in any of the files that existed. Cemil Çiçek further stated that as of end the year 2004 the total of petitions against Turkey raised with the Court in Strasbourg had reached 9.591. About 3,000 petitions had been brought to the attention of the government. Among the applications that had been found admissible 47 had ended in favor and 511 against Turkey. In 225 cases friendly settlements had been reached.
The Minister added that in the cases where Turkey had been found to have violated a human right the government had been ordered to pay 16 million Euros and in the cases that ended in a friendly settlement Turkey had agreed to pay 14 million Euros in compensation. Most of the cases that ended in judgments against Turkey had been related to the fact that a military judge was part of the state security court, restrictions of the freedom of expression, the length of custody, late payment in cases of nationalization and trials not ending in adequate time. In these cases no personal fault could be detected.
On torture, ill-treatment, violation of the right to life and the personal responsibility of officials Cemil Çiçek said: "The ministries or administration were unable to identify the perpetrator or there were decisions not to prosecute or acquit the suspects. There was no opportunity to open a case of claw back if there was a notice that no room for opening a case of claw back for the above stated reasons."
On 1 February lawyer Murat Dincer, member of the Torture Prevention Group which İzmir Bar Association had dissolved, spoke at a press conference. He said that during the last years the trial in İzmir in connection with torture and ill-treatment had gone up five times but there had not been any conviction. Murat Demir stated that the group had compared the years 1996 to 2002 with the last 2.5 years. Between 1996 and 2002 a total of 93 trials on torture or ill-treatment had been initiated and during the last 2.5 years 232 such trials had been opened.
He argued that the figures might suggest that there was in increase in sensitivity against torture, but in practice not the torturers but the victims were punished for having raised allegations.
Sample cases
On 9 February Diyarbakır Heavy Penal Court No. 3 acquitted the lawyer Mehmet Zülfü Dündar from charges of misconduct of duty. He had claimed that B. Dokuz (15) and M. Okçu who had been detained in Hani district (Diyarbakır) on 23 April 2003 had been tortured and that police officers had smeared excrements on the faces of the boys.
Asiye Güzel Zeybek: The case against the alleged torturers of 14 persons including Asiye Güzel Zeybek and the trade unionist Süleyman Yeter who had died as a result of torture at İstanbul Police HQ on 7 March 1999 had been dropped on 11 November 2004 for having reached the statute of limitation. Only in 2005 it turned out that there was a report of the General Directorate for Security in the file.
Lawyer Gülizar Tuncer saw this report dated 19 February 2003. The chief inspectors Nejdet Kondolot and Alaattin Yılmaz had signed the report which called the lawyers Gülizar Tuncer, Mihriban Kırdök, Ercan Kanar, Eren Keskin and Professor Şahika Yüksel from İstanbul Medical Association "sympathizers of the MLKP and the HRA, the Turkish Medical Association TTB and the HRFT legal side organizations of the MLKP. In a joint effort the lawyers from the HRA and the Association of Contemporary Jurists (ÇHD) had been appointed for the torture trial and together with a report of the TTB the aim was to harm the image of Turkey abroad.
The report claimed that Asiye Güzel Zeybek had chosen to be a confessor. In order not to be punished by the organization she had lied about torture and rape in detention. Subsequently the organization had started a campaign about her being a torture victim. The report also commented on Zeybek's book "Rape under Torture" and the psychological analysis and claimed that she had written the book according to books on torture and rape and the bulletins of TTB and HRFT on the psychology of a raped woman.
The report particularly accused lawyer Gülizar Tuncer of having been subjected to judicial steps for being a member of the MLKP and alleged that she had used expressions close to threats to influence Asiye Güzel Zeybek, at the time in Kırklareli E-type Prison to refrain from being a confessor. The report also accused the İstanbul branch of the HRA to have one member of the board, two members of the substitute board and one member of the control council each year be chosen among MLKP members.
Lawyer Gülizar Tuncer commented: "I was called to testify on a letter that neither we as lawyers nor our client is able to write. Such a letter can only have been written by the police. Earlier documents that were unrelated to the case had been put in the file and we never thought that this might turn into accusations against us. This time I looked at the file again and found the report. We shall file an official complaint about the report."
Lawyer Ercan Kanar stated that the report had been included in the file after they had forwarded the case to the European Court of Human Rights.
Mustafa Birol Kalyoncu: Ahmet İhtiyaroğlu, former deputy director of the department to fight organized crime at İstanbul Police HQ, who had been dismissed from duty in 2003, was arrested on 15 August because of a sentence he had got for ill-treatment. İstanbul Heavy Penal Court No. 1 had sentenced him to 10 months' imprisonment for ill-treatment of Mustafa Birol Kalyoncu in October 2000. The Court of Cassation had confirmed the sentence. The dismissal from duty together with director of the department to fight organized crime at İstanbul Police HQ, Adil Serdar Saçan, had been connected to another case of torture. (Further cases against Adil Serdar Saçan include the torture of members of the Science Research Foundation in 1999; see below.)
İ.K.: The governor's office in Ankara did not allow an investigation against police officers who on 28 October 2004 had beaten the student İ.K. Lawyer Mahmut Nedim Eldem said that the decision was taken in March on the grounds that the medical report had not been finalized, the victim had not filed a complaint, the witnesses had given contradictory testimony and that there were no concrete evidence that the police officers had beaten the students.
The lawyer further stated that İ.K. had been given a report certifying 7 days' sick leave. On objection of the lawyer Ankara Administrative Court cancelled the decision of the governor's office stating that the allegations were clear and concrete.
Metin Kaçar, Fadime Kaçar, Engin Kaçar: The traffic police officers Aziz Kılıçtek and Recep Can were indicted for having beaten Metin Kaçar, his wife Fadime Kaçar and their son Engin Kaçar when they had stopped their car near Kızılcahaman district (Ankara) on 19 September 2004. The prosecutor decided against charges for the police officer Özden Aşçı.
According to the complaint of Metin Kaçar the following happened on 19 September 2004: "I had been to the springs for treatment and was on my way home. When the officers stopped us on the hill called Karasekmez they said 'Hello my cash cow, drive to the side'. They said that I had run into a speed trap and had to pay 240 YTL and added if I dropped 100 YTL they would let me go. I told them that I did not have that much money and asked for a ticket to pay when I got my pension. They said 'bastard, you don't have 100 YTL?' and hit me. They beat me, my wife and my son who intervened. They squeezed his throat and fined me 169 YTL. Other cars stopped and we were rescued. The passengers took us aside, gave us water to drink and washed our faces".
Meanwhile Metin Kaçar and Fadime Kaçar were indicted with insulting police officers. Their trial started at Kızılcahamam Penal Court on 13 January.
S.S., A.U, Y.G., S.T., Ö.Ö., C.A.: The prosecutor in Fatih (İstanbul) indicted seven police officers in connection with the detention of the students S.S., A.U, Y.G., S.T., Ö.Ö. and C.A. in May 2002. They had been detained in connection with the murder of Yasemin Durgu in March 2001. The police officers were charged with torture while three physicians at Haseki Hospital were charged with issuing false reports
Aydın Ay: In Trabzon the police officers İlyas Sarı, Seyfi İştar and Ruat Çalışkan were charged with having tortured Aydın Ay at the central police station in Trabzon on 28 December 2004. The case was to be heard at Trabzon Heavy Penal Court.
A. Vurucu, D. Vurucu: Two lieutenants, one soldiers and the headman of Değirmenkaya village in Kalecik district (Ankara) were charged with having beaten A. Vurucu (16) and D. Vurucu (14) in October 2004. They had been detained on charges of theft and in front of the prosecutor accused the soldiers and the headman of having beaten them.
10 People: In Diyarbakır two police officers were indicted on charges of having ill-treated 10 persons who had been detained on 16 July 2004 in connection with petitions asking for the release of Abdullah Öcalan. The indictment stated that the detainees had to listen to loud music and wanted the police officers Ramazan Aslantaş and Yüksel Pasenli to be convicted under Article 245 TPC: The trial started at Diyarbakır Penal Court No. 3 on 7 September. Mihdi Perinçek stated that no charges had been brought against 17 police officers who had torn the petitions into pieces and added that they would appeal against this decision to Siverek Heavy Penal Court.
Sunay Yeşildağ, Naciye Coğaltay: Six police officers, one of them female, were indicted with having tortured Sunay Yeşildağ and Naciye Coğaltay who had been detained on 23 September 2002 on charges of being member of KADEK. The indictment stated that in connection with this incident the police officers Ömer Özüyılmaz, Ömer Faruk Albayrak, Feyzullah İlker Serdar and Özkan Ekinci were on trial at İstanbul Heavy Penal Court No. 4 and wanted commissioner Çetin Erdemir and the police officers Mustafa Kara, Erol Dinçel, Serap Tola, Nuh Aracı and Ali Özel, too to be convicted under Article 243 TPC. The trial started at İstanbul Heavy Penal Court No. 7 on 3 March.
K.K. (16): On 13 June Beyoğlu Penal Court No. 10 started to hear the case of the police officers Zeki Ağca and Nuri Açıkgöz charged with having beaten K.K. at Taksim Police Center on 11 February. During the hearing K.K. said that an unknown person had injured him with a knife and he had gone to Taksim Police Center to complain. At the police center his knife had fallen out of his pocket and one police officer had kicked. In the center he had been attacked by a dog. The dog bit him in his left arm.
Sezai Karakuş: The prosecutor in İstanbul indicted the police officers M.K. and M.B. for having tortured Sezai Karakuş. He had been detained on 28 September 2004 on charges of being a member of Kongra-Gel (he committed suicide in Tekirdağ F-type Prison on 22 November 2004). The first hearing was conducted at İstanbul Heavy Penal Court No. 5 on 22 March. The defendants had not appeared. On 22 June the defendants testified to the effect that the suspect had scratched himself and caused the wounds. The prosecutor asked for a second report of the Forensic Institute since the image of the Turkish Republic was at stake. The court case did not conclude in 2005.
Fatma Deniz Polattaş, Nazime Ceren Samanoğlu: On 22 June İskenderunn Heavy Penal Court acquitted the police officers Murat Çıkar, Halil Özkan, Aysun Yüksel and Gürkan İlhan in connection with torture allegations of the then young girls Deniz Polattaş and Nazime Ceren Samanoğlu who had been detained in March 1999. The Court announced that the acquittal had been given on the grounds of a medical report from the General Assembly of the Forensic Institute dated 13 January. The defendants had to be acquitted for lack of evidence. The victims had rejected to undergo a test of virginity and had obstructed the collection of evidence.
In March Nazime Ceren Samanoğlu was released from prison. Sivas Heavy Penal Court ruled that the expected reduction in the sentence under the provision of Article 168 TPC made the release necessary. Similar demands for Fatma Deniz Polattaş were rejected by Adana Heavy Penal Court. Both girls had been convicted by Adana SSC under Article 168/2 TPC.
Kemal Yaratılmış, H. Yaratılmış, Emre Camcı: In the trial of the police officers Sahir Uzun, Mehmet Özcan, Kenan Aydın, Ümmet Doğan, Uğur Şen and Yusuf Akbaş charged with having beaten Kemal Yaratılmış, H. Yaratılmış and Emre Camcı at Anafartalar Police Station (Ankara) Ankara Penal Court No. 6 conducted several hearings. On 9 March the police officer Ümmet Doğan testified. He stated that the victims had attacked him with a knife and another 70 or 80 people had walked towards him. He had retreated and fired three warning shots into the air. He had not beaten anyone and had not seen that his colleagues had beaten them either.
The witness Dilber Tatlıbal said that she had seen many police officers with shafts of shovels in their hands. She had asked the commissioner Sahir Uzun to let the young people go but he had said that he would lose his job if he did so.
H. Yaratılmış testified on 5 May. He said that he had heard four or five shots and had stepped in front of his shop. At that moment three police officers had beaten him with sticks. H. Yaratılmış said that they mistook him for his brother because someone said "Kemal is here". He added that he had run away and had heard three shots being fired behind him.
On 4 May 2006 the trial ended in acquittal.
Hıdır Ataş: On 2 March Gaziosmanpaşa Penal Court started to hear the case of five police officers charges with having beaten Hıdır Ataş at İstanbul-Sultançiftliği Police Station. At the hearing Hıdır Ataş said that he had had an argument with a taxi driver about the fee and they had gone to the police station. When the officers saw that he was from Tunceli they had beaten him. His lawyer Eren Keskin said that the allegation of the police officers that her client wounded himself by falling was not correct. The police officers on trial are: Ali Özkan, Mustafa Ergen, Sezai Kılıç, Gürbüz Gökkaya and Mehmet Karameşe. The trial did not conclude in 2005.
Şükran Esen: On 15 March Mardin Heavy Penal Court No. 1 announced that the trial against 40 soldiers charged with having raped Şükran Esen during her detentions in 1993 and 1994 had been transferred to Çorum. The 5th Chamber of the Court of Cassation had made such a decision on 7 February. Acting for the sub-plaintiffs lawyer Eren Keskin said that the trial at Mardin Heavy Penal Court No. 2 with 405 soldiers on trial for the same grounds had been transferred to Sungurlu district in Çorum province. She added that there were no concerns of security and called the transfer of the trial an attempt to encourage torturers. Both trials did not conclude in 2005.
Recep Köksal, K.A., Gökmen Emir: In April the police officers Orhan Yüksel, Recep Arslan, Cevat Işıl, Erdinç Zengin, Mehmet Görgülü, Fikret Küçük and Muhammet Zeki Geçgel were indicted for having tortured Recep Köksal (19), K.A. (17) and Gökmen Emir (18) in Karasu district (Adapazarı) two years ago.
Murat Gezici: On 24 June the trial against the police officer Ramazan Arslan started at Ceyhan Penal Court No. 2. He was charged with having beaten Murat Gezici at a police station in Ceyhan on 28 July 2004. Speaking for the victim the lawyer Beyhan Günyeli stated that after a traffic accident during which the civilian dressed police officer Sebat Baş had hit the car of relatives he had taken the papers of them to the police station because the relatives had been seriously injured. The lawyer criticized that they had identified eight police officers who beat Murat Gezici but only one police officer had been indicted. The trial did not conclude in 2005.
Tekin Demir, Bahar Güler, Jale Kirman, Serdar Aslan: On 29 June Ankara Heavy Penal Court No. 1 continued to hear the case of 19 police officers charged with having tortured Tekin Demir, Bahar Güler, Jale Kirman and Serdar Aslan who had been detained in Ankara in 2002. During the hearing Bahar Güler said that she had been beaten, insulted and threatened with rape. She had seen Tekin Demir in detention and he had had difficulties to walk and had had blood on his feet. Bahar Güler identified Necdet Algül, Deniz Bacaksız, Mustafa Kızıltaş and Abdi Şahin among the defendants. Tekin Demir identified Mustafa Kızıltaş and Necdet Algül stating that he had been blindfolded.
The defendants Halil İbrahim Y., Osman Koçak and Deniz Bacaksız pleaded not guilty. The hearing was adjourned in order to hear the defendants Hanefi Karal, Beyza Kızılkaya, Halil Kara, Behçet Naçar and Serkan Say in court. The trial had started at a penal court but was later sent to a heavy penal court when the charges changed from Article 245 TPC (ill-treatment) to Article 243 TPC (torture).
Erol Evcil: The 1st Chamber of the Court of Cassation rejected the revision of the acquittal of 10 police officers charged in connection with having torture businessman Erol Evcil at Bursa Police HQ. The Court ruled that the application had not been made in time. The fines for the physicians Feridun Abdullah Karadağ and Gündüz Sümeyye Döl who had issued reports that there had not been traces of torture on Erol Evcil's body were sent back to the court to review the fines in the light of the new penal code.
The Court of Cassation also quashed the verdict against Erol Evcil (as the planner) and Burhanettin Türkeş and Şükrü Elverdi who had been convicted for having killed Nesim Malki on 28 November 1995. The Court ruled that their conviction had again to be evaluated in the light of the new penal code.
Fırat Develioğlu, Emre Nil, Ayşegül Hüma, Tuğba Babuna: The prosecutor in İstanbul indicted eight police officers in connection with the detention of 27 people on 12 November 1999. The defendants were accused of having tortured the detainees Fırat Develioğlu, Emre Nil, Ayşegül Hüma and Tuğba Babuna. The indictment stated that the suspects had been held for six days, the testicles of male detainees had been squeezed, all detainees had been beaten and insulted. The defendants in this case are: Ahmet Erdoğan, currently employed in Kırşehir, Adil Serdar Saçan, who had earlier been dismissed from duty (see above), commissioner Serdal Akça and the police officers Metin Rakipoğlu, Semir Günaydın, Vedat Mercan, Necati Kurt and Osman Köprü. The prosecutor asked for a conviction under Article 243 TPC.
Zafer Koluman, Şehmus Mete, Heybet Mete, Nofa Koluman: On 14 October Diyarbakır Heavy Penal Court No. 2 acquitted the police officers Bekir İlker Uyan, Haluk Bayram Deniz, Hüseyin Demir, Lütfi Aydoğdu and Musa Güven. They had been charged for having tortured the shop owners Zafer Koluman, Şehmus Mete, Heybet Mete and Nofa Koluman because they closed their shops on 23 February 1999 in protest at the transfer of Abdullah Öcalan to Turkey.
Melek Serin: Seven soldiers were indicted for having tortured Melek Serin in Çorum in 2002. Melek Serin had been detained by police officers, but they handed her over to the lieutenants Bayram İlkbahar and Selahattin Köse at Seydim Gendarmerie Station. Having received a medical report certifying traces of torture Melek Serin filed an official complaint. At the prosecutor's office lieutenant Selahattin Köse said that the interrogation had been carried out by specialized staff that kept their identities secret. He had signed the testimony as a matter of duty. Following this statement the seven soldiers were indicted.
Beaten Demonstrators: The prosecutor in İstanbul indicted 54 police officers who had intervened in a demonstration on Beyazıt Square on 6 March as part of 8 March World Women's Day. The officers were charged with having exceeded their authority and injured demonstrators. The prosecutor wanted the police officers to be convicted separately for each demonstrator they beat. Therefore seven police officers have to await sentences between 44 months and 33 years' imprisonment; three police officers might get sentences of between 18 and 54 months' imprisonment; 15 police officers between one and 3 years' imprisonment and 29 police officers are expecting sentences between 6 and 18 months' imprisonment. On 15 June the trial against the demonstrators ended in acquittal at İstanbul Penal Court No. 14.

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