Case N° TK/64 - IBRAHIM AKSOY - TURKEY

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 Mr. Ibrahim Aksoy, of Turkey,

Taking note of a communication from the President of the Turkish Grand National Assembly dated 2 September 1996,

Also taking note of communications from the sources dated 4 July and 6 September 1996,

Recalling that in March 1994 Mr. Aksoy was found guilty under Article 8 of the Anti-Terrorism Act of separatist propaganda and was sentenced to 20 months' imprisonment and a fine of 100,000,000 Turkish pounds,

Recalling also that he was immediately arrested and taken to prison upon his return to Turkey in October 1995 and that he is currently held in Ankara State Security Prison (Ulunçalar Prison),

Considering that, according to the President of the Turkish National Group, he is not ill and, between October 1995 and March 1996 received 59 visits from his relatives and lawyers,

Considering that, following the adoption of the amendment to Article 8 of the Anti-Terrorism Act on 27 October 1995, Mr. Aksoy's trial was reviewed by the State Security Court of Konya on 17 November 1995, which resulted in a reduction of his sentence to 10 months' imprisonment and a lowering of the fine to 83,333,333 Turkish pounds,

Considering that, according to this judgment, Mr. Aksoy was sentenced for having made the following statements on the occasion of a party congress of HEP on 18 May 1991 on Konya: "he declared in particular that the events in the East and South-East of our country concern the Kurdish national question; that the matter in question was a struggle for the obtention of the national democratic right which had been confiscated; that a force had been constituted against the Kurdish people claiming their national rights and that the HEP was a party belonging to the Kurds",

Considering that the Court did not make use of its right under Articles 4 and 6 of Law N° 647 to remit or commute a sentence, stating that it was not convinced that Mr. Aksoy would refrain from committing offences in the event of such a measure,

Considering that Mr. Aksoy intends to bring his case before the European Commission on Human Rights,

Noting that currently several other proceedings under the Anti-Terrorism Act are under way against Mr. Aksoy and that, according to the source, it seems quite possible that Mr. Aksoy will never again be a free man,

Bearing in mind that the Council of Europe, the European Union and the Organization for Security and Co-operation in Europe (OSCE) have recommended the abolition of Article 8 of the Anti-Terrorism Act,

1. Thanks the President of the Turkish National Group for the information he provided;

2. Fears that Mr. Aksoy may have been prosecuted solely on account of having exercised his right to freedom of expression;

3. Calls on the Turkish Parliament to consider releasing him, together with the other former Turkish MPs currently imprisoned, by virtue of an amnesty bill;

4. Notes in this respect that the European Parliament, the Parliamentary Assembly of the Council of Europe and the Parliamentary Assembly of the OSCE, the latter on the occasion of its last session in Stockholm (July 1996), have called on the Turkish Government and Parliament to abolish Article 8 of the Anti-Terrorism Act, which, in their view, violates the principle of freedom of speech;

5. Fears that the many proceedings under way against Mr. Aksoy may result in debarring him from any further political activity;

6. Notes that his case will be brought before the European Commission on Human Rights;

7. Requests the Secretary General to press these concerns with the Turkish parliamentary authorities;

8. Also 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).