The Governing Council of the Inter-Parliamentary Union,

Referring to the case of the above-mentioned parliamentarians, former members of the Turkish Grand National Assembly, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/177/11(a)-R.1), and to the resolution adopted at its 176^th session (April 2005),

Taking account of a letter dated 12 October 2005 from the President of the Turkish Inter-Parliamentary Group,

Recalling the following:

• The former parliamentarians concerned were all members of the Democracy Party, which was dissolved in June 1994. Mr. Sinçar was assassinated in September 1993; Ms. Zana, Mr. Dicle, Mr. Dogan, Mr. Sadak, Mr. Yurtdas, Mr. Alinak, Mr. Sakik and Mr. Türk were prosecuted on charges of separatism, but convicted on different grounds; Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak were convicted of membership of an armed organization, and Mr. Yurtdas, Mr. Alinak, Mr. Sakik and Mr. Türk of separatist propaganda, as a result of which they were debarred from practising as lawyers. The remaining former parliamentarians were charged with separatism, but not prosecuted since they had gone into exile;

• On 26 June 2001, the European Court of Human Rights ruled that Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak, who at the time were still serving their 15 year prison sentences, had not enjoyed a fair trial, and granted them just satisfaction. Following the opening of the retrial in March 2003, the Cassation Court (Yargitay) ruled in August 2004 that they had not received a fair trial, and ordered their release and fresh retrial, which is currently under way;

• On 24 March 2005, several persons were brought to justice in connection with Mr. Sinçar's murder, and the relevant proceedings are under way,

Considering that, according to the President of the Turkish Inter-Parliamentary Group, the first trial hearing in the case of Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak took place on 7 October 2005, and there is no record of an arrest warrant having been issued for Mr. Günes in relation to any charges against him,

1. Thanks the President of the Turkish Inter-Parliamentary Group for his cooperation and his latest communication; regrets, however, that it contains no particulars of the stage reached in the judicial proceedings brought against the alleged murderers of Mr. Sinçar, of their identity and of possible motives for the crime;

2. Notes that Mr. Alinak and Mr. Yurtdas are now practising as lawyers and that no further complaints have been made regarding the situation of Mr. Türk and Mr. Sakik; and decides consequently to close their cases, while reaffirming its view that, in common with Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak, they were prosecuted and sentenced on account of having exercised their freedom of expression;

3. Notes that no charges are pending against Mr. Naif Günes and that no further complaints have been submitted regarding his situation, and consequently decides to close his case;

4. Is unclear as to the exact charges pending against Mr. Zübeyir, Mr. Aydar, Mr. Toguç, Mr. Mahmut Kilinç, Mr. Ali Yigit and Mr. Remzi Kartal, all of whom went into exile; would therefore appreciate receiving detailed information on the grounds for and facts supporting the charges pending against them;

5. Notes that a second retrial was ordered for Ms. Zana, Mr. Dicle, Mr. Sadak and Mr. Dogan more than a year ago and that a first trial hearing took place on 7 October 2005; trusts that, given the gross miscarriage of justice and the significant lapse of time since the former parliamentarians were first charged, their case will be dealt with as a matter of priority; would greatly appreciate being kept informed of any developments in the proceedings, including whether a timetable has been set for their completion;

6. Wishes to ascertain whether, in keeping with the principle of the presumption of innocence, Ms. Zana, Mr. Dicle, Mr. Sadak and Mr. Dogan have recovered their civil and political rights pending the outcome of their retrial;

7. Requests the Secretary General to convey this resolution to the parliamentary authorities, inviting them to provide the requested information;

8. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 114^th IPU Assembly (May 2006).

* The delegation of Turkey took the floor to reiterate the information contained in the last preambular paragraph.

 

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