TURKEY

CASE N° TK/39 - LEYLA ZANA CASE N° TK/52 - SELIM SADAK CASE N° TK/40 - SEDAT YURTDAS CASE N° TK/53 - NIZAMETTIN TOGUÇ CASE N° TK/41 - HATIP DICLE CASE N° TK/55 - MEHMET SINÇAR CASE N° TK/42 - ZÜBEYIR AYDAR CASE N° TK/57 - MAHMUT KILINÇ

CASE N° TK/43 - MAHMUT ALINAK CASE N° TK/58 - NAIF GÜNES CASE N° TK/44 - AHMET TÜRK CASE N° TK/59 - ALI YIGIT CASE N° TK/48 - SIRRI SAKIK CASE N° TK/62 - REMZI KARTAL CASE N° TK/51 - ORHAN DOGAN

Resolution adopted without a vote by the Inter-Parliamentary Council at its 158th session
(Istanbul, 20 April 1996)

The Inter-Parliamentary Council,

Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/158/13(a)-R.1), and to the resolution adopted at its 157th session (October 1995) concerning the case of the above-mentioned parliamentarians, members of the Turkish Grand National Assembly (TGNA),

Taking account of the report of the mission of the Committee on the Human Rights of Parliamentarians to Ankara, which took place from 4 to 7 January 1995 (CL/156/11(a)-R.3),

Taking further account of the report of the mission of the Committee to Ankara on 11 and 12 April 1996 (CL/158/13(a)-R.2),

Recalling that on 26 October 1995 the High Court of Appeal confirmed the sentences of Mr. Dicle, Mr. Dogan, Mr. Sadak and Ms. Zana, who are accordingly due to remain imprisoned until the year 2005; considering that in January 1996, an appeal against the decision was brought before the European Commission of Human Rights, which in February 1996 declared the case admissible,

Recalling further that, on the same day, the High Court of Appeal quashed the sentence handed down on Mr. Türk and Mr. Yurtdas, ruling that they should have been sentenced under Article 8 of the Anti-Terrorism Act instead of Articles 168 and 169, respectively, of the Turkish Penal Code; that both were released on 27 October in view of the length of their detention; that the Court also quashed the sentences of Mr. Alinak and Mr. Sakik, ruling that a mistake had been made in establishing the fines, and that all four were to be retried before Ankara State Security Court,

Considering that on 11 April 1996 the Ankara State Security Court sentenced them to 14 months' imprisonment and a fine of 116,000,000 Turkish pounds (approx. US$1,590); considering that they have the right to appeal against the decision and will make use of it,

Considering that, as a result of their being sentenced to more than 12 months' imprisonment under the Anti-Terrorism Act, they will forfeit their political rights for life and that two of them, Mr. Alinak and Mr. Yurtdas, who are lawyers, will be banned for life from exercising their profession,

Considering finally that Mr. Türk, Mr. Yurtdas and Mr. Sakik contested the parliamentary elections of December 1995 on a HADEP ticket; that despite the many serious obstacles put in the way of their electoral campaign, they and their party obtained excellent results in south-east Turkey, though failing to secure seats in Parliament owing to the national-level threshold of 10 per cent,

1. Expresses its thanks and appreciation to the Turkish authorities, especially the President of the Turkish National Group and the Minister of Justice, for having enabled the Committee on the Human Rights of Parliamentarians to carry out a mission to Ankara on 11 and 12 April 1996 and, in particular, for having authorized its delegation to meet the imprisoned MPs for long enough and without witness; also thanks them for having taken time to meet with the members of the delegation and share their views with them;

2. Fully endorses the Committee's conclusions regarding the mission it carried out to Ankara on 11 and 12 April 1996;

3. Hopes that the Turkish authorities will be able to take account in the most positive spirit of the concerns and considerations as expressed in the Committee's conclusions;

4. Requests the Secretary General to resume contact with the Turkish parliamentary authorities;

5. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and to report to it at its next session (September 1996).