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 159th session
(Beijing, 21 September 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/159/11(a)-R.1), and to the resolution adopted at its 158th session (April 1996), concerning the case of the above-mentioned parliamentarians, former members of the Turkish Grand National Assembly (TGNA),

Taking into consideration the observations provided by the President of the Turkish National Group on 2 July and 2 September 1996,

Recalling that on 26 October 1995 the High Court of Appeal upheld 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, a petition against the decision was brought before the European Commission on Human Rights, which, according to information provided by the Commission's Secretariat, was conveyed to the Turkish Government in order that it might provide its observations but has not yet been declared admissible,

Considering that, according to information provided by the Commission's Secretariat, Ms. Zana, Mr. Dicle, Mr. Sadak and Mr. Dogan have brought before the Commission six other petitions (N° 23878-83) on which that body adopted a report on 23 May 1996; that this matter is currently pending before the European Court of Human Rights,

Bearing in mind that the European Parliament has on numerous occasions called for a review of the case of the above former parliamentarians by considering a new amnesty bill, most recently in June 1996; that the OSCE Parliamentary Assembly, on the occasion of its 5th annual session (July 1996), reiterated its previous appeals "to release all prisoners detained solely for non-violent expression of their views, including the former MPs in question,

Recalling that on 11 April 1996 the Ankara State Security Court, after a second trial, sentenced Mr. Ahmed Türk, Mr. Sedat Yurtdas, Mr. Mahmut Alinak and Mr. Sirri Sakik to 14 months' imprisonment and a fine of 116,000,000 Turkish pounds (approx. US$ 1,590); that as a consequence of their being sentenced to a prison term exceeding 12 months they will be deprived of their political rights for life and Mr. Alinak and Mr. Yurtdas, who are both lawyers, will be debarred for life from exercising their profession,

Considering that an appeal against this decision is currently still pending,

Considering that Mr. Sirri Sakik, was rearrested on 27 June 1996 following a statement he had made on 23 June after leaving the party congress of HADEP during which one participant had taken down the Turkish flag and substituted a portrait of the leader of the PKK; that he reportedly declared to journalists from private TV channels waiting outside that "we wish our culture to be respected. We do not wish to be disrespectful of other languages, cultures or flags of other people. We should be respectful of the Turkish flag"; that on 23 August 1996, the Prosecutor General accused Mr. Sakik of separatist propaganda calling for his conviction under Article 8/1 of the Anti-Terrorism Act and Article 40 of the Penal Code; that a first court hearing is reportedly expected to take place around 25 September 1996,

Recalling that the Inter-Parliamentary Council, in the resolution it adopted on this case in Istanbul (April 1996), expressed the hope that the MPs concerned might be released pending the proceedings before the European Commission on Human Rights,

Considering that in his letters of 2 July and 2 September 1996, the President of the Turkish National Group stated that this request was not feasible under the prevailing law and that the judicial authorities had no possibility to rule in favour of a release on the basis of a procedure pending before the European Human Rights Commission,

1. Thanks the President of the Turkish IPU Group for the observations he provided;

2. Notes with deep regret that the authorities do not consider releasing Ms. Zana, Mr. Dicle, Mr. Sadak and Mr. Dogan despite the pressing appeals not only of the Inter-Parliamentary Union but also of the European Parliament, the Parliamentary Assembly of the Council of Europe, and the OSCE Parliamentary Assembly;

3. Recalls Decision N° 40/1995 of the United Nations Working Group on Arbitrary Detention whereby the detention of the former MPs concerned was declared arbitrary and the Turkish Government was requested to take the necessary steps to remedy the situation in order to make it consonant with the provisions and principles incorporated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights;

4. Still hopes therefore that the Turkish authorities will find ways and means of heeding the decisions and recommendations of these bodies, in particular by way of an amnesty bill;

5. Expresses concern at the rearrest and renewed prosecution of Mr. Sirri Sakik under the Anti-Terrorism Act, and fails to understand how the offending statement as brought to its knowledge could be regarded as separatist propaganda;

6. Cannot but reiterate the observations and concerns which the Committee expressed in its report on the mission to Ankara on 11 and 12 April 1996 and which the Council endorsed on the occasion of its 158th session in Istanbul, and continues to hope that the Turkish authorities will take account of them in the most positive spirit;

7. Requests the Secretary General to resume contact with the Turkish parliamentary authorities and to press these concerns and considerations with them;

8. Requests the Committee on the Human Rights of Parliamentarians to pursue the examination of this case and report to it at its next session (April 1997).