(Fwd) Tur - Police officers inflict sexual violence
Andras Janossy, Dr.
janossy at ZPOK.HU
2001. Sze. 29., Szo, 02:03:34 CEST
------- Forwarded Message Follows -------
Organization: Nizkor Int. Human Rights Team
To: Equipo Nizkor <nizkor at derechos.org>
From: Nizkor English Service <eng at equiponizkor.org>
Date: Thu, 27 Sep 2001 22:22:31 +0200
Reply-to: democracy-europe at yahoogroups.com
Subject: [d-europe] Tur - Police officers inflict sexual violence on detained
woman//Organization working for the rehabilitation of torture victims
raided.
Nizkor Int. Human Rights Team
Derechos Human Rights
Serpaj Europe
Urgent Solidarity
[ii) messages]
27Sep01
TURKISH POLICE OFFICERS INFLICT SEVERE TORTURE INCLUDING SEXUAL VIOLENCE ON
Ms. ASIYE GUZEL ZEYBEK, A DETAINED JOURNALIST.
The International Secretariat of OMCT requests your URGENT intervention in
the following situation in Turkey.
Brief description of the situation:
Journalist Ms. Asiye Güzel Zeybek was arrested by the Turkish
authorities in February 1997 and charged with membership of the
Marxist-Leninist Communist Party (MLCP) an "illegal organisation" under
Article 168 of the Turkish Penal Code. Shortly after her arrest, Ms.
Zeybek filed a complaint against eight police officers, claiming that she
had been subjected to severe torture including repeated rape over a period
of thirteen days while she was being held for interrogation at the Istanbul
Security Headquarters.
A first hearing of her complaint against the eight police officers was held
in November 1998, however, in October 1999, the charges were rejected.
The court stated that there was "no proof of guilt" against the police
officers, in spite of the fact that evidence that Ms. Zeybek had been
raped was presented by members of the Medical Faculty at Istanbul
University. Ms. Zeybek reported that she had been numbed by the experience
and she has since written a book about her ordeal.
In December 2000, Ms. Zeybek was among hundreds of detainees who
protested against their transfer from the prison in Gebze to new
detention centres where there are concerns that prisoners are more
likely to be subjected to torture and ill treatment. She reportedly
suffered severe injuries as a result of police action and these have
resulted in temporary paralysis. Her health is said to be fragile.
The initial trial proceedings against Asiye Güzel Zeybek were commenced in
February 2001, four years after her arrest. On 21 September 2001, the
proceedings were further adjourned until 7 December 2001.
OMCT is deeply concerned by reports that Asiye Güzel Zeybek has been
subjected to rape and other forms of torture during the four and a half
years that she has spent in detention. According to the information
received, the complaint brought by Ms. Zeybek against the eight police
officers who allegedly tortured her was not investigated or prosecuted with
due diligence by the Turkish authorities. The length of Ms. Zeybek's
detention and the fact that her trial was recently adjourned for a further
two and half months is also a matter of serious concern to OMCT.
OMCT would like to reiterate that the Turkish government is obliged
under international law to thoroughly investigate, prosecute and punish all
acts of torture and other forms of violence against women.
ACTION REQUESTED:
Please write to the authorities of Turkey urging them to:
i. guarantee the physical and psychological integrity of Ms. Zeybek and
ensure that she receives all necessary medical attention; ii. guarantee an
impartial and exhaustive inquiry into the allegations of rape by members of
police, bring those responsible before a competent and impartial tribunal
and apply the penal, civil and administrative sanctions provided by law;
iii. release Ms. Zeybek pending her trial and to ensure that any criminal
proceedings against her are based on credible charges, in the absence of
which these proceedings should be discontinued. If the charges are upheld,
to ensure that the case is rapidly heard by a competent and impartial
tribunal; iv. guarantee that Ms. Zeybek receives adequate reparation; v.
adopt immediate measures to put an end to all acts of violence against
women; vi. ensure respect for human rights and fundamental freedoms, at all
times and in all circumstances in accordance with national laws, regional
and international human rights standards including, in particular, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment and the Convention on the Elimination of All Forms of
Discrimination Against Women.
ADDRESSES:
- President Ahmet Necdet Sezer, President of the Turkish Republic,
Cumhur Baskanligi, 06 100 Ankara, Turkey,
fax. + 90 312 427 1330
- Prime Minister Bulent Ecevit, Basbakanlik, Cankaya, Ankara, Turkey,
fax. + 90 312 417 0476, e-mail: ddlbsl at tccb.gov.tr
- His Excellency, Hikmet Sami Turk, Minister of Justice, Adalet
Bakaligi, 06440 Bakaniklar, Ankara, Turkey,
fax. + 90 312 417 3954
- The Embassy of Turkey in your respective countries.
Geneva, 27 September 2001
[Source: World Organisation Against Torture (OMCT) - TUR 270901.VAW -
Geneva, 27Sep01. http://www.omct.org ]
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ii) PATIENT-RELATED DOCUMENTS CONTAINING INFORMATION ON TORTURE VICTIMS,
CONFISCATED FROM THE DIYARBAKIR OFFICES OF THE HUMAN RIGHTS FOUNDATION OF
TURKEY (HRFT).
Facts Of The Case:
In the afternoon of 7 September 2001, Turkish police raided the
Diyarbakir offices of the Human Rights Foundation of Turkey (HRFT),
confiscating confidential HRFT staff files, including information on
doctors and patients from the torture treatment center that HRFT
operates. There is a great risk that doctors and patients at the center are
now at risk for harassment, arrest, and torture.
The HRFT was opened in 1990. Since 1991, it has provided treatment and
rehabilitation to torture survivors and their families. The NGO now has
five torture treatment centers. Independent sources such as the European
Committee for the Prevention of Torture and the U.N. special rapporteur on
torture have confirmed the widespread practice of torture in Turkey. In
2000, the Human Rights Commission of the Turkish Parliament issued its own
reports that confirmed earlier findings and concluded that torture is a
persistent problem in Turkey. Since 1996, the HRFT torture treatments have
been the subject of repeated attacks from the Turkish government. The
Turkish police have been known to raid torture treatment centers to find
the names of patients, who they then harass and intimidate from seeking
further treatment.
As well as operating centers for the treatment and rehabilitation of
torture survivors, the HRFT monitors human rights violations in Turkey. It
is recognized internationally as one of few reliable sources of human
rights information in the country. In 1998, the Council of Europe awarded
its European Human Rights Prize to HRFT in recognition of its "outstanding
contribution to the protection of human rights in Turkey."
In 1996 and 1997, the AAAS Science and Human Rights Program attended a
number of trials launched against the HRFT. Its founding members were
brought to trial in connection with publications of the HRFT, and
physicians from its Istanbul and Adana branches were accused of operating
illegal medical facilities.
RELEVANT HUMAN RIGHTS STANDARDS:
The Turkish government's interference with the work of the HFRT is in
violation to several human rights standards, including:
Universal Declaration of Human Rights: (adopted without opposition by
the United Nations General Assembly on 10 December 1948)
- Article 5: No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. - Article 12: No one shall be subjected
to arbitrary interference with his privacy, family, home or correspondence,
nor to attacks upon his [or her] honor and reputation. Everyone has the
right to the protection of the law against such interference or attacks -
Article 20: Everyone has the right to freedom of peaceful assembly and
association
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment: (Turkey is a State Party)
- Article 13: Each State Party shall ensure that any individual who
alleges he has been subjected to torture in any territory under its
jurisdiction has the right to complain to, and to have his case promptly
and impartially examined by, its competent authorities. Steps shall be
taken to ensure that the complainant and witnesses are protected against
all ill-treatment or intimidation as a consequence of his complaint or any
evidence given. - Article 14: Each State Party shall ensure in its legal
system that the victim of an act of torture obtains redress and has an
enforceable right to fair and adequate compensation, including the means
for as full rehabilitation as possible.
International Covenant on Civil and Political Rights: (Turkey is a state
party) - Article 7: No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. - Article 17: No one shall be
subjected to arbitrary or unlawful interference with his [or her] privacy,
family, home or correspondence, nor to unlawful attacks on his [or her]
honor and reputation. - Article 21: The right of peaceful assembly shall be
recognized.
In addition, infringements on doctor-patient confidentiality violate the
World Medical Association's 1948 Geneva Declaration, which states: - I [the
physician] shall respect the secrets which are confided in me.
(Sources of information for this case include: Amnesty International,
Human Rights Watch, and the International Rehabilitation Council for
Torture Victims.)
RECOMMENDED ACTION: Please send telegrams, faxes, airmail letters or
emails:
- Expressing concern that the police have confiscated confidential
medical records from the Human Rights Foundation of Turkey;
- Urging that the government respect international standards of
doctor-patient confidentiality; and
- Asking the government to ensure that staff, doctors, and patients of the
HRFT are protected from intimidation, harassment, attacks, arrests, or
torture.
[Source: American Association for the Advancement of Science (AAAS),
Science and Human Rights Program, AAAS Human Rights Action Network-
TU9432.One - 18Sep01]
APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:
Minister of the Interior
Mr Rustu Kazim Yucelen
Ministry of Interior
Icisleri Bakanigi
06644 Ankara, Turkey
Fax: 011 90 312 418 17 95
Salutation: Dear Minister
Diyarbakir Police Headquarters
Mr Atilla Cinar
Diyarbakir Emniyet Muduru
Diyarbakir Emniyet Mudurlugu
Diyarbakir, Turkey
Salutation: Dear Chief of Police
Minister of Justice
Prof Hikmet Sami Turk
Ministry of Justice
Adalet Bakanligi
06659 Ankara, Turkey
Faxes: 011 90 312 417 3954 / 418 5667
Salutation: Dear Minister
COPIES TO:
State Minister with Responsibility for Human Rights
E. Safter Gaydali
Office of the Prime Minister
Basbakanlik
06573 Ankara, Turkey
Fax: 011 90 312 417 04 76
Salutation: Dear Minister
Ambassador Baki Ilkin
Embassy of the Republic of Turkey
1714 Massachusetts Ave. NW
Washington DC 20036
Fax: 1 202 612 6744
Please send copies of your appeals, and any responses you may receive, or
direct any questions you may have to Victoria Baxter, AAAS Science and
Human Rights Program - Tel. 202-326-6797; email vbaxter at aaas.org; or fax
202-289-4950. -- FIN DEL MENSAJE END OF MESAGGE EINDE BERICHT FIM DA
MENSAGEM FINE DEL MESSAGGIO ENDE NACHRICHT FIN DEL MENSAJE END OF MESAGGE
EINDE BERICHT FIM DA MENSAGEM FINE DEL MESSAGGIO ENDE NACHRICHT
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