A non-government information service on Turkey
Un service d'information non-gouvernemental sur la Turquie


12th Year - N°143
September 1988
38 rue des Eburons - 1000 Bruxelles
Tél: (32-2) 215 35 76 - Fax: (32-2) 215 58 60
 Rédacteur en chef: Dogan Özgüden - Editrice responsable: Inci Tugsavul

Despite the worst setback of his political career
Ozal claims to be victorious in the 25 September poll


The 25 September referendum, to decide a minor constitutional change to anticipate local elections by five months to November, resulted in the worst setback of Prime Minister Ozal's political career, though he threatened to resign a week ago if the outcome of the ballot was overwhelmingly negative.

Mr Ozal polled just 35% support, while 65% of the voters, conforming to the common suggestion of aIl the opposition parties, leftwing as weIl as right-wing, voted against the constitutional amendment.

Despite this defeat, just after the referendum, Ozal considered that the 35%, close to his party's score in 1987 legislative elections (36%), was enough to save face and withdrewhis threat to resign. "We will now continue to serve the country for the next four years until the next general election", he said.

Many people had already regarded his resignation threat as a mere vote-catching tactic, anyway.

Mr Ozal was cle~ly saved from a real electoral catastrophe by the big voting populations of Ankara -where he polled 36.5% supportand the 40.6% of Istanbul.

ln Turkey's predominant rural areas, especially in the provinces of Turkish Kurdistan, his support was sometimes as low as 18%.

The vote against Mr Ozal reflected the electoratets dissatisfaction with the Govemment's failure to curb high inflation - 74.8% up to the end of August. Behind the inflation figures are a widening budget deficit and rising domestic borrowing, the latter fuelled by the Turkish Lira's rapid depreciation in an exceptionally heavy year for debt servicing.

As a result of the referendum, the people can expect five months of municipal politicking. The municipal elections to be held in March 1989 will be a real test for Ozal as weIl as for aIl opposition parties.

There is speculation that Mr 6zal is tiring and may have planned to resign next year anyway - or go on to the presidency when President General Kenan Evren finishes his term in November next year.


    The seven-year-old mass trial of 854 Dev-Yol defendants ended on August 24, in Erzincan, when the military tribunal handed down eight death sentences and 14 life imprisonments.
    The trial of the left-wing defendants began in 1981, about a year after Turkish military forces entered the small Black Sea town of Fatsa near Ordu with tanks and auxiliary police personnel to bring an end to what was described as political domination by the "extreme leftist" Dev-Yol organization.
    Unidentified men in civilian clothes, hiding their faces behind black masks, led policemen to the houses of persons to be arrestyed. It later turned out the masked informers were members or sympathizers of the neo-fascist Nationalist Action Party (MHP).
    Among the 854 defendants were the mayor of Fatsa, Fikri Sönmez, public officials and teachers. All were indicted on charges of being member of Dev-Yol and attempting to set up an unconstitutional administration in Fatsa.
    Whereas, Fikri Sönmez had been elected mayor with the support of all political parties in the town, except the neo-fascist MHP, and had set up a kind of autogestion.
    During the seven-year trial, the military prosecutor was arrested in 1983 on charges of receiving bribes from the families of the arrested defendants. Though released on bail, he was sentenced in absentia to 29.5 years in jail.
    However, the trial continued with the indictment he prepared, which sought death sentences for 341 of the defendants. Meanwhile, Mayor Fikri Sönmez died in prison in 1985 due to ill-treatment.
    In addition to the eight death penalties and 14 life imprisonments, the military tribunal also handed down 313 prison sentences ranging from one to 20 years.
    Following the reading of the sentences, the defendants began shouting slogans in the courtroom: "Sown with fascism!", "We haven't spoken our final word!", "Long live our struggle!" as their relatives in the spectator benches clapped their hands.
    Only 38 of the 854 defendants were still under detention when the sentences were handed down.
    As we reported in the preceding issue, in another mass trial against Dev-Yol ongoing in Ankara, the military prosecutor claimed death sentence for 74 out of 723 defendants.


    7.8, a new case against 18 people accused of collaborating with the PKK.
    12.8, seven alleged members of the Communist Party of Turkey/Union (TBK/P) are condemned by the State Security Court of Ankara to 34-year imprisonment each for a sabotage to the State Machinery and Chemical ProductsIndustries in Kirikkale in 1986. Next day, seven people, parents of the condemned, are detained for shouting slogans during the reading of the sentence at the tribunal.
    13.8, two university students, Gündüz Özer and Veysel Duvaryapan are sentenced to 11-month imprisonment each for painting on the wall a slogan claiming the release of the two TBKP leaders.
    31.8, the military prosecutor of the State Security Court of Izmir opens a new case against 17 members of Dev-Yol for their attempt to dig a tunnel into the Kirsehir Prison for saving their comrades. They face prison terms of up to 50 years.


    1.8, in Mardin, police arrests 59 Kurds for having given shelter to the PKK fighters.
    6.8, in Siirt, police arrests three members of the Oil Workers Union (Petrol-Is), three members of the Social Democrat Populist Party (SHP) as well as 20 other people.
    8.8, in Ankara, 11 alleged members of the TKP/ML are arrested.
    12.8, police claims to have shot three leading members of the PKK in Adiyaman.
    13.8, seven alleged members of the Revolutionary Communist Party of Turkey (TDKP) are arrested in Ankara.
    15.8, an armed clash between security forces and the PKK guerrilla results in the killing of one person from each side.
    17.8, seven alleged members of PKK are arrested in Mardin.
    20.8, police announces the arrest of 22 alleged militants of PKK in the western provinces of Izmir and Antalya.
    22.8, a PKK militant is shot dead by security forces and two others arrested in Mardin. It is reported that the killed one is the nephew of social democrat deputy Ahmet Türk.


    The Human Rights Association of Turkey has launched a campaign for the restauration of citizenship of all those who have been deprived of Turkish nationality because of their political opinions.
    During the visit of a delegation from this association, on August 25, SHP Chairman Erdal Inönü said: "Depriving citizens of Turkish nationality is a very primitive practice. When we come to power, we shall immediately put an end to this practice and restore their nationality."
    On the other hand, the European Parliament, in its resolution adopted on September 15, 1988, called on the Turkish Government to restore the citizenship rights of Turkish nationals who have been stripped of Turkish nationality and to provide guarantees for political refugees who wish to return to Turkey.


    During the trial of 17 people, accused of having helped the political prisoners who escaped from the Metris Military Prison, at the State Security Court of Istanbul on August 16, 1988, the detainees
declared that they had been tortured during their interrogation at the police center.
    A 16-year old folk singer, Miss Saadet Akkaya, said that she was kept undressed for fifteen days and tortured by giving electric to her genital organ or by beating on the vagina with a bottle. She added that the torturers were addressing each other with code names such as Panzer, Echo 66, Green, Atom or Milkman.


    The penitentiary authorities have obliged all political prisoners, including those  who have not yet been condemned, to wear one-type prison uniform. This practice had been lifted last year after the resistance of prisoners.
    On August 9, the Association for Solidarity with the Families of Detainees and Prisoners (TAYAD) made an appeal to all penitentiary authorities to put an end to this inhuman practice.
    In return, on August 16, the Ministry of Justice sent to all prisons which had not yet adopted this practice, an order to start the obligation of one-type prison uniform.
    Families of prisoners have reported that whoever resists in prison against this practice is either tortured or menaced with disciplinary measures.
    At the end of August, the inmates of many prisons announced that they would go on a new hunger-strike if this practice is not lifted.
    In the Bursa Prison, a group of political detainees attempted to escape by digging a 15-meter tunnel. After having discovered this tunnel, the penitentiary authorities have resorted to extraordinary security measures in different prisons of the country.


    The number of the confiscated reviews and books in recent months is so big that the basement of the State Security Court of Istanbul is reportedly already cram-full. Recently, on August 21st, police units brought to this basement 23,035 different confiscated reviews weighing more than four tons. The daily Milliyet of August 23rd reports that all the publications to be found guilty will be sent to the Izmit Paper Mill for destruction.
    Below we resume the persecutions against the press in August:
    7.8, the public prosecutor of Istanbul indicts two journalists from the daily Milliyet, Talat Halman and Eren Güvener, for libelling Premier Ozal in some articles. Each faces a prison term of up to one year.
    12.8, a book entitled Socialism and Parliamentary Democracy is confiscated by the order of the State Security Court of Istanbul on grounds that it contains communist propaganda.
    12.8, journalist Oral Calislar, after having served his 8-year prison terms, is detained on the ground that his name takes place in the list of wanted people.
    12.8, the August issue of the monthly review Emek Dünyasi  is confiscated by the decision of the Istanbul SSC. It is reported that 7 out of 12 issues of this review have been confiscated for articles defending the rights of working class and the Kurdish people.
    13.8, the August issue of the monthly Yeni Demokrasi is confiscated by the order of the Istanbul SSC.
    19.8, Mr. Cemal Özcelik, responsible editor of the monthly Medya Günesi, is sentenced to 3 years and 6 months prison for publishing articles "weakening national sentiments". In a protest against this condemnation, the editorial staff of the review go on a hunger-strike on August 29.
    28.8, the publisher of the monthly review Devrimci Derlenis, Mr. Ahmet Kale, and the Istanbul representative of the monthly Gün, Mr. Taner Renda are taken into custody in Ankara by the political police.
    30.8, Dogu Perincek, chief editor of the weekly 2000e Dogru, is taken under custody for a report which he published on the assassination attempt against Premier Ozal.
    31.8, the June issue of the monthly review Cagdas Yol is confiscated by the order of the Istanbul SSC.


    After the cease-fire between Tehran and Baghdad, more than 100,000 Kurdish peasants escaping from the merciless offensive of Iraqi forces have penetrated into the Turkish territory and sought asylum. This influx of Kurdish refugees has put in unprecedented embarrassement the Turkish Government which cannot cope for years with the Kurdish guerilla in its own territory.
    Iraq is using a 60,000-strong military force in the northern part of the country to rout the Kurds. Refugees accuse the regime of Saddam Hussein of using chemical warfare against the Kurds.
The Iraqi government reportedly told the Turkish counterpart that Iraq might practice the right of hot-pursuit inside Turkish territory against the Kurds according to an agreement signed between the two countries four years ago. In fact, Turkish armed forces have entered Iraqi territory twice in the past to pursue the PKK guerrillas.
    Although the military opposed to the settlement of the Iraqi Kurds in the fear of infiltration of Kurdish combatants hostile to the Ankara regime, the government was obliged, under the pressure coming from the public opinion and the European institutions, to give them temporary shelter. By doing so, the government hoped first to have the support of the Kurdish population in the approaching referendum. Secondly, it planned to influence the European Parliament which would vote a resolution on the Turco-European relations.
    However, in a few weeks, Kurdish refugees begon to complain against the conditions in the camps. Most of the refugees said they preferred to stay in Turkey but they compalined to foreign reporters about the cold, widespread illnesses because of poor sanitary conditions and a shortage of foodstuffs. Signs of further unrest were apparent at the camps as some refugees burned electricity polls to warm themselves.
    In Hakkari, Kurdish refugees got into a fight with Turkish soldiers that they accuse of sexually harassing young Kurdish women.
    Moreover, the Turkish Government which does not officially recognize the existence of Kurdish people and Kurdish language has sent to the camps 48 teachers to teach Turkish to Iraqi Kurds. This attempt may also give rise to the unrest in the camps.
    As for the refugees' claims about the chemical warfare carried out by Iraqi forces, the Ankara Government says: "Our own doctors and specialists who examined the people seeking refuge in Turkey have found no signs of chemical warfare." Whereas, the US State Department announced that chemical weapons were used during the offensive against the Kurds.
    Turkey's attitude towards a possible UN fact-finding committee visit to the refugee camps would be "negative", said a Foreign Ministry spokesman.


    Amnesty International issued in July 1988 a document describing the situation if Iranians in Turkey and particularly the procedures to which Iranian asylum seekers and refugees are subjected.
    Basing on the information coming from Iranian refugees who have passed through Turkey, their relatives and friends, Amnesty International's report reads:
    "Hundreds of Iranians have been summarily returned to Iran from on or around Turkey's border with Iran without being given an opportunity to claim for asylum to representatives of the United Nations High Commissioner for Refugees (UNHCR) or to the competent Turkish authorities. Asylum seekers who report to the UNHCR in Ankara are obliged to report to the Turkish police, and are sent back to the border for pre-screening. Asylum seekers have reportedly been forced to return to Iran from border camps where they are held before being permitted to travel to so-called sattelite towns, provincial towns around Ankara where the asylum seekers are interviewed by UNHCR to assess their status as refugees. There they await resettlement in third countries. In a few cases Iranians have been forcibly returned to Iran after having been recognized as refugees by UNHCR.
    "At least four of the Iranians forced to return to Iran from Turkey since Nomvember 1986 have reportedly been executed, and others imprisoned and tortured."
    The document recommends that there should be an immediate end to the summary return of asylum seekers before their status has been determined by the UNHCR and that no government should send Iranian asylum seekers to countries such as Turkey where their protection from refoulement cannot be assured.


    1987 was a lucrative year for foreign banks. The Dateline Turkey of June 11, 1988, reports that foreign banks, compared to other countries, make high levels of profit in Turkey. Calculations show that foreign banks operate five times more profitable against their assets than in other countries.
    The risk in loan distribution ran at very low levels for most of these banks as most of their major borrowers were Turkey's porominent holdings. Seven of the ten foreign banks had no non-performing loans.

Banks                Net Profit (TL)

Ottoman Bank            17.8 billion
Citibank            5.5 billion
Standard Chartered        2.9 billion
Manufacturers Hanover        2.3 billion
Chase Manhattan        2.1 billion
Banque Indosuez            2.1 billion
Bank Mellat            2.0 billion
Chemical Mitsui            1.6 billion
The First National Bank of Boston    1.5 billion
Bank of Bahrain and Kuwait    1.4 billion
Saudi American Bank        1.3 billion
Arab Turkish Bank        0.3 billion
    The Ottoman Bank is the only foreign bank in Turkey since the foundation of the Republic, by virtue of a privileged agreement. But after the military coup of 1980, Turkish economy was opened to other foreign banks.
    Citibank (USA) was the first to realize that there was money to be made in Turkey. It was followed by other US and Arab banks.
    However there is not yet any German bank in Turkey in spite of the fact that Turkey does a significant amont of trade with Germany. Apart from one joint venture there are no Japanese banks either, even though Turco-Japanese economic relations are being built up.


    Not only foreign banks, but foreign investors in other economic sectors have eight times increased after the military coup of 1980, mainly because of the new privileges given to them and the crackdown on trade union movement.
    After Ozal's coming to power, this increase has shown a considerable acceleration.

                            Share of foreign
        Number of    Total capital of        capital in
Years        Joint ventures    Joint ventures        Joint ventures

1984        267        117.9 billion TL        254.8 billion TL
1985        421        207.8 billion TL        464.9 billion TL
1986        610        302.9 billion TL        707.2 billion TL
1987        839        435.6 billion TL        960.0 billion TL
1988 (7 m.)    1,000        599.9 billion TL        1,287.3 billion TL


        Number of companies    Capital invested
Country    shared by this country    by this country

W. Germany    154            72.9 billion TL
Iran        114            10.9 billion TL
USA        101            63.4 billion TL
Switzerland    90            100.0 billion TL
England        78            34.6 billion TL
Syria        70            6.0 billion TL
Holland        35            28.7 billion TL
S. Arabia    28            16.9 billion TL
France        25            31.5 billion TL
Others        305            234.5 billion TL
TOTAL        1,000            599.9 billion TL

    As for the distribution of foreign capital to different sectors, manufacturing holds the first rank with a total of 329.6  billion TL.  It is followed by the sector of services with 236.7 billion TL, the agricultural sector with 25.9 billion TL and the mining with 7.7 billion TL.
    In the sector of services, the foreign investment that bank and finance have received is 84.7 billion TL in total.
    The rate of foreign investment in all joint ventures has reached to 46.6 % in 1987 as it was 29.7 % in 1979.


    According to a survey carried out by Fortune magazine, three Turkish companies are among the world's largest 500 firms, excluding the United States.
    Turkish Petroleum Inc. (TPAO) was in 117th place with a sales amounting to $5.7 billion. Koc Holding has climbed to 149th place from 155th place in 1987. Sabanci Holding has fallen to 178th place in 1987 from 166th place it occupied the previous year.
    The survey also showed that TPAO was in 41st place in terms of its net profit of $490 million and in 247th place in terms of the number of workers it employs, 18,846. Koc Holding is in 147th place in terms of its net profit which is $167 million. The holding occupies 129th place among the 500 largest firms in terms of workers it employs, 35,530.
    TPAO is a state enterprise monopolyzing oil industry, while Koc and Sabanci holdings are private companies having investments in different industrial and commercial sectors. The number of the companies owned by Koc and Sabanci are respectively 91 companies and 56.


    In the industrial sector, according to a survey carried out by a Turkish weekly, Ekonomik Panorama, two companies belonging to the Koç Holding, Arçelik and Tofas, ranked at the top of a list of 100 companies in terms of of the volume of sales and profitability on sales in 1987.
    Arçelik is specialized in durable goods production and Tofas is one of the major names in the car industry in Turkey.
    They are followed by OYAK, a giant holding belonging to Army officers and having investments in all branches of the economy and has a joint car venture with Renault.
    According to the magazine, the 100 largest Turkish companies made sales worth 16,891 trillion TL in 1987. This was a considerable increase compared with the 1986 figure of 5,146 trillion TL. Their pre-tax profits reached 955 billion TL compared with 435 billion TL in 1986.
    The ten top companies made sales valued at 2,151 trillion TL, approximately 13 % of the total sales of the 100 companies and a profit of 295 billion TL, 31 % of the total.
    1987 was a golden year particularly for the car industry and the companies manufacturing cars ranked at the top of the liste along with the chemical sector. In 1987 there was a neck-and-neck competition between the Koc's Tofs and OYAK's Renault in terms of sales. Koc's another car company, Otosan ranked at the eighth position.

Name of company    Turnover        Profitability

1. Arçelik        287.9 billion TL     13.6 %
2. Tofas        253.8 billion TL        25.7 %
3. OYAK-Renault    230.2 billion TL        9.6 %
4. Cukurova Celik    225.0 billion TL        1.1 %
5. Toros Gübre        221.2 billion TL        1.1 %
6. Aksa Akrilik Kimya    203.4 billion TL        25.3 %
7. Sasa Suni Elyaf    189.3 billion TL        20.7 %
8. Otosan Otomobil    181.9 billion TL        13.4 %
9. Netas        181.3 billion TL        9.7 %
10. Teletas        177.3 billion TL        17.7 %


    The Greens Party (YP) became the 10th officially registered political party in Turkey. The new party's primary aim will be to protect the natural, social and cultural environment of Turkey.
    The new party founded by Dr. Celal Ertug and 51 other ecologists hopes to participate in the coming local elections and to attract ecologically concerned voters. "We feel that the traditional partliamentary political system is losing its value," Dr. Ertug said. "The YP is a new alternative to the old traditional political parties of the left and right. Our political strategy will be local. We believe in a localization of the Turkish political system whereby each individual will be free to make his or her own decisions."
    The foundation of the YP was also timely in that it coincided with the continuing debate on the proposed construction of a hotel complex adjacent to the breeding ground of the rare loggerhead turtle in the small Mediterranean coastal village of Dalyan and with the damping of poisonous wastes by foreign ships into the Black Sea coasts of Turkey.
    However the YP is not only group seeking the votes of non-conformist people.
    Already a part of the YP founders, headed by Dr. Aydin Ayas announced that they do not see themselves in the disciplin of the party, because the YP is bound to respect the rules imposed by the legislation on political parties.
    The daily Hürriyet of August 2, 1988, named the other Green groups as follows:
    RADICALS: Headed by Ibrahim Eren, they try to unite all radical and marginal groups such as ecologists, atheists, antimilitarists and homosexuals on a platform of coordination and communication.
    RADICAL DEMOCRATIC GREENS: Gathered around the Green Peace Association and publishing a review under the same name, they prefer organizing in the form of local associations instead of a political party.
    ISLAMIC GREENS: Animated by an islamic journalist, Abdurrahman Dilipak, this group calls on all anti-establishment groups except homosexuals. In a view to developing an islamic-ecologist ethics, they prepare to publish a review titled Cevre Kültürü (Environmental Culture).
    SCEINTIFIC GREENS: Formed mainly by engineers of environment, this group is preparing the publication of a review entitled Bizim Cevre (Our Environment).
    ASSOCIATION FOR THE PROTECTION OF NATURAL LIFE: They concern themselves only about the protection of the natural life.
    LIBERTINES: They refuse all kind of organization and advocate individual initiatives. Refuing the appelation of "Greens", they name themselves Libertine ecologistes.
    TRANSNATIONALISTS: They are close to the Transnational Radical Party, founded in Italy, and Ayhan Birol takes part in the federal council of this party.


    203 barrels containing poisonous and carcinogenic materials have been found in Turkish territorial waters of the Black Sea. The Department of Environmental Studies announced that these materials could cause any number of diseases ranging from skin problems to cancer.
    The name of the West German chemicals company, Hoechst, was seen on some of the drums; but the Turkish representative of the company said they were not responsible for dumping the barrels into the Black Sea.
    It was reported that barrels originated in Italy. They have been dumped in the Black Sea by a Syrian freioghter called Zanoobia. The Italian weekly L'Espresso quotes, Ahmad Tabalou, the capitan of Zanoobia, as saying the Jelly Wax company in Italy promised to put $200,000 into the Swiss bank account of his brother if he dumped the industrial xaste into Turkish waters.
    On the other hand, German freighter Petersberg was drawn back from Istanbul seaport on August 14 with its cargo of radioactive and poisonous waste. The ship loaded a cargo described as "industrial sand" in Vienna on May 23 and headed for Turkey where a Turkish company was shown as the purchaser. However, a series of tests by the Turkish Atomic Energy Commission (TAEK) found traces of "cesium", a radioactive eklement which is usually released after nuclear, accidents.


    Suicides in Istanbul have reached a record level in the first six months of this year, police said on August 23. A total of 100 people in the city attempted suicide between January nd June with 64 losing their lives. Quick medical attention saved the remaining 36 lives. 40 percent of the people who attempted suicide were men between the ages of 15 and 35.


    The European Parliament, at its session of September 15, 1988, voted for a resolution calling for the reconvention of the EEC/Turkey Joint Parliamentary Committee for the first time in eight years. Despite the reservations it expresses about human rights violations, this resolution constitutes the final step taken by Europe towards the recognition of the Turkish regime.
    The Joint Parliamentary Committee in which the Turkish National Assembly and European Parliament are represented with 18 deputies each was suspended following the military coup of 1980 in Turkey.
    The resolution, based on a report drawn up by West German social democratic deputy Gerd Walter, reads:
    "The European Parliament,
    "1. Stress that, under the influence of the countries of Europe, present-day Turkey has established constitutions and a legal system on the democratic models of the Western European nations, though these have been suspended periodically through coups d'état;
    "2. Considers that Turkey's special significance for Europe can best be acknowledged through the application and where appropriate extension of the Association Agreement; takes the biew, however, that this can only be considered when democracy in Turkey is full restored and human rights are respected;
    "3. Is therefore prepared to consider a resupmtion of the association in the light of developments in Turkey;

"Regarding the situation in Turkey

    "(a) Human Rights

    "4. Welcomes the intrdocution on 29 January 1987 of the individual right of petition for Turkish citizens to the European Commission of Human Rights, in accordance with Article 25 of the European Convention on Human Rights, but reaffirms the concern it has expressed in numerous resolutions regarding the unsatisfactory state of human rights in Turkey and refers in this context to the relevant report by its delegation for relations with Turkey;
    "5. Notes that the Turkish Constitution and penal code continue to rule out the possibility of granting an amnesty to political offenders who have resorted to violence and certain political activities legal in democratic countries;
    "6. Notres the fact that on the basis of a law passed by the Turkish Grand National Assembly in 1987, those involved in the trials of DISK and the Peace Movement have eithed had their sentences reduced or have been released, although still subject to limits on certain civil and political rights;
    "7. Notes that although the Turkish Government has made some effort, torture and inhuman conditions of detention are still widespread;
    "8. Welcomes the signature and ratification by Turkey of the European Convention on Torture and calls for comprehensive application of the provisions of this convention, linked with the possibility of international verification; welcomes also the fact that, on 2 August 1988, Turkey ratified the UN Convention on Torture;
    "9. Considers that democracy will not be fully operational in Turkey until the supremacy and independence of the civil courts is re-established and the right to a speedy and impartial trial with full legal defence is guaranteed in every case;
    "10. Notes that the state security courts and their function are in opposition to the process of democratization and do not come up to European standars;
    "11. Calls for an end to the indefinite detention in solitary confinement in Turkish gaols of people who have not been convicted by any court;
    "12. Calls for the trials against DISK; the Turkish Peace Movement and Devrimci Yol presently before the Supreme Court to be brought to an end as soon as possible; notes that the preferral of charges against Mr Kutlu and Mr Sargin and the opening of legal proceedings to ban the Socialist Party founded at the end of January constitute major violations of the right to free political activity and calls for a revision of the Turkish Penal Code (in particular Paragraphs 141, 142 ab-nd 163) in order to enable a pluralist democracy to be established; recalls its resolutions of 19 Novembner 1987 democracy to be established; recalls its resolutions of 19 November 1987 and 21 January 1988 calling for the release of Mr Kutlu and Mr Sargin;
    "13. Wishes to see the continuing restrictions on political and trade union activities and the freedom of opinion lifted and the abolition of the death penalty;
    "14. Notes that a large number of Turkish citizens have sought political asylum in ERurope, some of whom were deprived of their nationality and have so far been unable to return to their home country;
    "15. Wishes to see the citizenship rights of Turkish nationals who have been stripped of their nationality for political reasons restored  and guarantees provided for political refugees who wish to return to Turkey;
    "16. Calls for the release of all political prisoners who are prosecuted because of their political views or their membership of a political party or association;
    "17. Condemns terrorist acts whatever their origin; calls for the recognition of the basic human rights of members of the Kurdish minority living in Turkey;
    "18. Recalls Turkey's obligations towards non-Muslim minorities under the 1923 Treaty of Lausanne and, in particular, towards the Greek community of Constantinople (Istanbul), Imbros (Gökceada) and Tenedos (Bozcaada) and the Armenians still living in Turkey;

    "(b) Restoration of parliamentary democracy

    "19. Refers to its abovementioned resolutions of 23 October 1985 and 11 December 1986, which made the restoration of parliamentary democracy a precondition for the reactivation of the association bodies;
    "20. Points out that since the reconstitution of the Turkish Grand National Assembly, there has been significant progress towards establishing parliamentary democracy, which has fulfilled this precondition;
    "21. Applauds the fact that on the basis of the referendum held in September 1987, the political rights of leading politicians of former parties have been restored ahead of schedule;
    "22. Reaffirms, however, the findings of its delegation on the occasion of the Turkish elections of 19 November 1987, but notes that all the political parties and movements are united in wishing to eliminate the remaning restrictions and seek further consolidation of democracy;
    "23. Calls on Turkish authorities to lift the state of emergency prevailing in the 11 provinces bordering on Iran and Iraq so as to remove the restrictions on political and parliamentary life in these provinces;

Regharding the state of the Association

    "24. Recalls that Turkey first applied for association with the EEC only one-and-half years after the entry into force of the Treaties of Rome, which resulted in the signature of the Association Agreement of 1963;
    "25. Notes that Article 28 of the Association Agreement states that 'as soon as the operation of this Agreement has advanced far enough to justify envisaging full acceptance by Turkey of the obligations arising out of the Treaty establishing the Community, the Contracting Parties shall examine the possibility of the accession of Turkey to the Community;
    "26. Requests the Commission which, following Turkey's application to join the Community, is responsible for drawing up an opinion on the subject, pursuant to Article 237 of the EEC Treaty, to take account not only of the economic aspects of Turkey's accession to the Community if this should come about, but also of the political aspects of such a move (internal and external developments relating tyo Turkey, human rights, fundamental freedoms, the position of the minorities) and of the views expressed by the European Parliament in its various resolutions;
    "27. Stresses that essential obligations under the Association Agreement have not been fulfilled and refers in this respect to the report drawn up by Mr Pimenta on behalf of its Committee on External Economic Affairs;
    "28. Points out also that the Protocols of Adaptation to the EC-Turkey Association Agreement following the accession of Spain and Portugal to the Community have been approved by Parliament and concluded by the Commission;
    "29. Stresses in this context that its approval of these technical protocols does not constitute approval of the policies of the Turkish Government to date and that its reservations about the human rights situation and the development of parliamentary democracy remain;

Regarding a resumption of the Association

    "30. Stresses that its persistent advocacy of democracy and human rights has, in certain cases, contributed to alleviating the sufferings of people convicted on political grounds in Turkey;
    "31. Calls on the Turkish Government to act in accordance with the obligations incumbent upon it under the Association Agreement and to introduce all the requisite measures for the consolidation of parliamentary democracy and the safeguarding of human rights;
    "32. Calls on the Turkish Government, too, to give its consent to a negotiated solution to the Cyprus problem, as stated in its resolution of 20 May 1988, and to a settlement of its bilateral diffrences with Greece, a Community Member State, by seeking out solutions in keeping with international law;
    "33. Takes the view that in the wake of the Turkish elections in November 1987, the Association bodies are the appropriate framework for promoting the dialogue between the EC and Turkey on continuing these developments; wishes therefore that the Association be resumed and the EEC/Turkey Joint Parliamentary Committee be reconvened;
    "34. Reminds the Turkish Government that the occupation of part of Cyprus, which is also linked to the Community by an association agreement, is unacceptable and remains an obstacle to the improvement of relations;
    "Reaffirms in this context the findings of its resolution of 20 May 1988 and calls on:
    "(a) the governments of the Member States of the Community to support the UN Secretary-General's fresh initiative to make a success of the talks held between the President of the Republic of Cyprus and the representative of the Turkish community, R. Denktash, with a view to restoring peace and stability in the region, respecting democratic principles and the independence and unity of the Republic of Cyprus,
    "(b) the Turkish Government to exert all its influence on the Turkish Cypriot side to achieve a permanent and viable solution to the Cyprus problem in accordance with the above principles;
    "35. Welcomes the latest agreement between the Governments of Greece and Turkey to seek to resolve their bilateral disputes by peaceful means and in accordance with the rules of international law and stresses that the settlement of these disputes will contribute to the improvement of relations between the EEC and Turkey."
    In another resolution, the European Parliament decided to activate appropriate mechanisms for sending aid to the Kurdish refugees in Turkey. However, a paragraph in the resolution expressing gratitude to Turkey for opening its borders to the refugees was taken off the final text.


    The US Commission on Security and Cooperation in Europe submitted to the US Congress, in July 1988, an update report on the state of human rights in Turkey.
    After having given detailed informations on the situation of civil and political rights, political prisoners, torture, freedom of association and trade union, freedom of the Press, freedom of expression, minority rights, freedom of religion, the Commission arrives to the following conclusion:
    "Turkey's human rights progress in recent years has been substantial and has been recognized by a number of organization, including the Council of Europe and the European Parliament. The continuing efforts of the Government to improve the human rights situation have resulted in impressive gaines.
    "At the same time, the Commission remaines concerned about serious problems in certain areas. The Commission condemnes torture under any circumstances as incompatible with the respect for human dignity, which all Helsinki signatories are committed to realize. Measures have been taken by the Turkish Government, including recent international undertakings, with a view toward eradicating torture entirely from the Turkish scene. The Government's commitment to this objective will be tested in the future as those undertakings are implemented.
    "With respect to the status of the Kurdish minority, it seems to the Commission that Turkey will have to find a way to accomodate the aspirations of those Kurds who wish to live peacefully as citizens of the Republic of Turkey while maintaining their traditional culture. Recent political activities suggest that the process may already be underway.
    "While there remain topics which cannot be fully treated in word in print without considering the potential legal consequences, the degree of freedom allowed the press compares favorably with even a few years ago. The very fact that issues which were virtually untouchable before or during martial law are now tolerated is evidence of the burgeoning scope of freedom of expression. By broadening the political discourse in this fashion, the Turkish press helps pave the way for more resilient democratic institutions.
    "With respect to religious minorities, it is noteworthy that, gradually, administrative matters of long standing, some of which predated the 1980 takeover, have been addressed in recent years. This is a welcome change, and the Commission hopes that this encouraging progress will continue.
    "No society has a perfect record on human rights. Yet countries such as Turkey, in which citizens are able to redress human rights grievances in the court system, are far closer to the Helsinki ideal than many signatory nations. Increasingly, the clear decisions of the judicial system are protecting personal liberties such as freedom of expression, assembly, and association. If the Turkish Government is able to implement its stated policies at all levels and throughout the country, resorting to the judiciary may become less frequent and less necessary.
    "Turkish law is now evolving to reflexct, and to insitutionalize completely, all the freedoms Turks value and have won for themselves since the establishment of the Republic. The Commission believes thar process is well under way."


    Chief Justice Ahmet Cosar started a debate on the shortcomings of the Turkish judicial system with a speech he delivered at the ceremony marking the opening of the new judicial year on September 6 in Ankara.
    "It is not possible to take the Turkish society backwards from the point it arrived at when it became a republic. This is why we consider it a duty, in the name of Turkish justice, to warn those who are ready to give concessions or leave aside the principle of secularism or those who want to take modern Turkish society backwards with Ottoman and Islamic nostalgia," the president of the Court of Cassation said.
    Those who are in this position should be aware of that not only will the unswerving common sense of history condemn them, but Turkish justice will put them to a more effective and early punishment whenever necessary, even before the verdict of the histyory," Coskun told an audience which included Justice Minister Mehmet Topac and many political leaders.
    Cosar went on to explain the shortcomings of the Turkish judicial system, criticizing the highly sensitive subject of military courts.
    "Two separate mechanisms of justice have no place in a modern constitutional system, Cosar said. There is no need for a eparate military judicial system because the military and the judiciary are incompatible. The basic structure of the military is a hierarchy closely bound with obedience while the most obvious characteristic of a sound judiciary should be independence."
    The chief justice also criticized State Security Courts for having military personnel serve on them. He said there are flaws in the rules regulating the appoiuntments of judges and prosecutors which should be corrected.
    He also came out against "crimes of conscience" saying "the thoughts that are not transformed into actions should not be punished. In the civilized world, lawyers should be given access to their clients during police interrogation and secrecy of the initial investigation should be discarded. The practice of solitary confinement in our penitentiary system should be abolished and prison buldings should be deigned to suit the honor of being a human being."
    According to some reports in the press, Justice Minister Topac had aked to take the floor at the ceremony, but the Chief Justice did not allow the memner of the executive power to speak.
    The main opposition leader, Mr. Erdal Inönü (SHP) welcomed Coskun's remarks and expressed support for them.
    Teoman Evren, chairman of the Turkish Bar Associations Union, in a brief address referred top Cosar's remarks and said they clearly showed Turkey is living through a constitutional crisis.
    There was also a quick reaction from the military justice. The Chairman of the Military Court of Cassation, Brig. Gen. Hakki Erkan said: "There are military courts in all countries which are not different from their Turkish counterparts. The military courts in Turkey are the most independent of their sort all over the world. This I can claim."


    Four West German observers, who were in Ankara to follow the mass trial of Dev-Yol, met with the deputy undersecretary of the Justice Ministry, Yildirim Türkmen, to discuss the Turkish penal system and the use of torture.
    The group, including Udo Groenheid, deputy chairman of the West Berlin Bar Association; Eckhard: Barthel, a Social Democrat deputy; S. Graessner, the representative of the West Berlin Medical Association and Brigitte Appel, a Green Party deputy in the West Berlin Parliament, said torture was still widespread in Turkey and 167 people have died under torture since the 1980 military coup.
    Graessner said that Ankara's former martial law commander Recep Ergun dismissed a military prosecutor when he opened a case against policemen accused of torturing people under detention. "This indicates that the courts do not have freedom of action," he added.
    The group also asked the Ministry to release two Dev-Yol defendants psychologically damaged under torture, but Türkmen said it was impossible to order judicial authorities to release a person.
    Dissatisfied with the answers of the Ministry's top official, the West German group held a press conference on September 7, saying that under with the present judicial system and continuing human rights violations Turkey cannot possibly become a full member in the European Communities.


    Since the 1980 coup it is the first time that the Soviet Union sent a senior lawyer as an observer to a political trial in Turkey. Prof. Rais Tuzmuhammedov, representative of the Soviet Bar Association, attended the hearing of August 17, 1988, of the two TBKP (the United Communist Party of Turkey) officials in Ankara.
    After the hearing, Tuzmuhammedov claimed that the trial of Nabi Yagci (alias Haydar Kutlu) and Nihat Sargin constituted a violation of international rules of democracy.
    The Soviet leadership had refrained until this trial from showing active solidarity with the victims of the State terror, and even sent back to Turkey some left-wing militants who sought political asylum in the Soviet Union. Some of these latters had been condemned to heavy prison terms by military tribunals.