Resolution adopted without a vote by the Inter-Parliamentary Council
at its 169th session (Ouagadougou, 14 September 2001)

The Inter-Parliamentary Council,

Referring to the resolution it adopted at its 168th session (April 2001) on the case of the above-mentioned parliamentarians, former members of the Turkish Grand National Assembly (TGNA), and to the related report of the Committee on the Human Rights of Parliamentarians,

Taking account of the observations provided by a member of the Turkish delegation to the 106th Conference at the hearing held on the occasion,

Recalling that the MPs concerned were all members of the Democracy Party (DEP) which the Constitutional Court dissolved in June 1994; Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak are at present serving the 15?year prison sentence handed down on them in December 1994 for membership of an armed organisation; Mr. Yurtdas, Mr. Alinak, Mr. Sakik and Mr. Türk were found guilty of separatist propaganda and sentenced to a fine and 14 months' imprisonment, which they served; as a result of that judgment, Mr. Alinak and Mr. Yurtdas are barred from exercising their profession as lawyers; Mr. Toguç, Mr. Kilinç, Mr. Günes, Mr. Yigit and Mr. Kartal, who fled abroad following the dissolution of the DEP, were subsequently also accused of separatism and would be arrested and prosecuted if they returned to Turkey,

Recalling its decision to postpone further examination of this case pending the ruling of the European Court of Human Rights on the application of Ms. Zana, Mr. Dicle, Mr. Sadak and Mr. Dogan,

Considering that on 21 June 2001 the Court handed down its judgment and concluded that the right of the former MPs concerned to a fair trial, guaranteed under Article 6 of the European Convention on Human Rights, had been violated both because they were not judged by an independent and impartial tribunal, owing to the presence of a military judge in the State Security Court which tried them, but also because they were not given the right to defend themselves and thus the right to clear themselves of the charges laid against them; noting in this respect that the Court went beyond its usual jurisprudence, whereby it considers that it is not necessary to examine a possible violation of the right to defence when it concludes that a case was not heard by an independent and impartial tribunal, as the lack of such a tribunal constitutes in itself a violation of the right to fair trial, and considered it also necessary, "given the specific circumstances in this case, to pursue its examination of the complaints arising from the lack of equity in the trial regardless of the question of the status of State Security Courts. For only in this way will it be able to deal with the substance of the main claim of the complainants that the charge laid against them (membership of an armed band) could not have been deemed to have been established if they had enjoyed a fair trial ..."; noting that the Court, in accordance with its rules, granted Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak equitable satisfaction in the form of financial compensation,

Considering that, according to the Turkish delegate whom the Committee heard, Turkey will abide by the ruling and pay compensation; considering also that, with regard to the possible release of the MPs concerned, he undertook to relay favourably to the Turkish Parliament the Committee's wish that they be released,

1. Thanks the Turkish delegate for the observations he provided;

2. Considers that the conclusions reached by the European Court of Human Rights warrant the immediate release of Ms. Zana, Mr. Dogan, Mr. Sadak and Mr. Dicle, who have already spent seven years in prison;

3. Consequently urges the authorities to release them immediately and calls on the Turkish Parliament to do everything in its power to that end;

4. Further calls on the authorities to consider granting an amnesty to the other former MPs concerned so as to permit Mr. Alinak and Mr. Yurtdas to exercise their profession as lawyers and Mr. Toguç, Mr. Kilinç, Mr. Günes, Mr. Yigit and Mr. Kartal to return to Turkey without fear of arrest and prosecution;

5. Requests the Secretary General to convey this resolution to the parliamentary authorities and to the Council of Ministers of the Council of Europe, which is responsible for implementing the rulings of the European Court of Human Rights;

6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (March 2002), in the light of what it earnestly hopes will be positive developments.

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