IPU logoINTER-PARLIAMENTARY UNION
PLACE DU PETIT-SACONNEX
1211 GENEVA 19, SWITZERLAND

TURKEY
CASE N° TK/39 - LEYLA ZANACASE N° TK/52 - SELIM SADAK
CASE N° TK/40 - SEDAT YURTDASCASE N° TK/53 - NIZAMETTIN TOGUÇ
CASE N° TK/41 - HATIP DICLECASE N° TK/55 - MEHMET SINÇAR
CASE N° TK/42 - ZÜBEYIR AYDAR CASE N° TK/57 - MAHMUT KILINÇ
CASE N° TK/43 - MAHMUT ALINAKCASE N° TK/58 - NAIF GÜNES
CASE N° TK/44 - AHMET TÜRKCASE N° TK/59 - ALI YIGIT
CASE N° TK/48 - SIRRI SAKIKCASE N° TK/62 - REMZI KARTAL
CASE N° TK/51 - ORHAN DOGAN

Resolution adopted without a vote by the Inter-Parliamentary Council at its 161st session (Cairo, 16 September 1997)


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/161/10(a)-R.1), and to the resolution adopted at its 160th session (April 1997) concerning the case of the above-mentioned parliamentarians, former members of the Turkish Grand National Assembly,

Taking account of the communication from the President of the Turkish National Group dated 7 July 1997 and of the information and observations provided by the Turkish delegation to the 98th Inter-Parliamentary Conference (September 1997),

Recalling the assertion of the Turkish delegation to the 97th Inter-Parliamentary Conference (April 1997) that the Turkish Government was making every effort to bring Turkish legislation into line with European human rights standards and to permit consideration of the appeals made by many international organisations for the release of the MPs concerned, and that the approaching end of the fight against terrorism in south-eastern Turkey permitted a broader interpretation of the concept of freedom of expression,

Recalling that, according to the delegation, the Turkish Parliament adopted a law on 6 March 1997 which will benefit those currently prosecuted under certain penal norms, in particular the Anti-Terrorism Law; that, moreover, a draft law on parole has been tabled in Parliament which, upon adoption, will permit the release of the deputies currently serving their sentences,

Considering that, at the hearing held on the occasion of the 98th Inter-Parliamentary Conference (September 1997), the Turkish delegation enumerated the laws adopted in June, July and August 1997 aimed at bringing Turkish legislation into line with European law regarding freedom of expression, in particular the amnesty law of 14 August 1997 which permitted the release of many writers, journalists and scientists who had been sentenced on account of having exercised their freedom of expression,

Considering, however, that, according to the delegation, that law did not apply to persons convicted of aiding and abetting terrorist groups, as was the case of the imprisoned deputies concerned; that they would be released when the time came, that is to say once terrorism had been eradicated,

Considering also that, according to the delegation, the draft law on parole mentioned at the Seoul hearing has not been adopted because of the intervening change of Government,

Considering that, according to the delegation, any ruling handed down by the European Court of Human Rights, which has been seized of their cases, will be carried out by the Turkish State as the rulings of that court are binding on it,

Recalling finally that Mr. Aydar, Mr. Toguç, Mr. Kilinç, Mr. Günes, Mr. Yigit and Mr. Kartal, who went into exile following the closure of the DEP Party in June 1994, are facing charges of separatism as in the case of their colleagues and are therefore liable to immediate arrest and prosecution if they return to Turkey,

1. Thanks the President of the Turkish National Group for the information he provided and his co-operation;

2. Notes with regret that the efforts made by the Turkish Government to bring Turkish law more into line with European human rights standards have had no effect whatsoever on the situation of the MPs concerned;

3. Reaffirms its belief that the former members of Parliament concerned were sentenced on account of having exercised their right to freedom of expression by advocating a political solution to the conflict in south-eastern Turkey, and recalls in this respect decision N° 40/1995 of the United Nations Working Group on Arbitrary Detention, which declared the detention of the MPs concerned to be arbitrary;

4. Once again calls on the Turkish authorities, and in particular on the Turkish Grand National Assembly, to heed the recommendations of the European Parliament, the Council of Europe, the Parliamentary Assembly of the OSCE and the IPU to release the MPs in question under an amnesty law;

5. Also calls on the authorities to reconsider the judgment handed down on Mr. Türk, Mr. Alinak, Mr. Sakik and Mr. Yurtdas, who have been deprived of their political rights for life, and on Mr. Alinak and Mr. Yurtdas, both lawyers, who have further been debarred for life from exercising their profession;

6. Finally calls on them to drop the charges against those six former MPs, who are living in exile and are liable to immediate arrest if they return to Turkey;

7. Requests the Secretary General to bring these considerations to the attention of the Turkish parliamentary authorities;

8. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1998).


Note: you can download a complete electronic version of the brochure "Results of the 98th Conference and related meetings of the Inter-Parliamentary Union" in PDF format (file size approximately 1160K). This version requires Adobe Acrobat Reader, which you can download free of charge.Get Acrobat Reader

Human rights of parliamentarians | Home page | Main areas of activity | Structure and functioning