29 June 2006

1. "Rehn says EU could stop talks with Turkey", the European Union's enlargement chief was quoted on Thursday as saying the EU may suspend membership negotiations with Turkey completely over its refusal to move on Cyprus.

2. "Onen Speaks Out: "Why Torture is Systematic", the primary reason is that those who commit torture are protected and they go unpunished. Of those applying to the foundation, 113 were tortured in the first 5 months of 2006. Turkey should approve the additional protocol.

3. "Turkey Sentenced on 4 "Freedom of Expression", ECHR sentences Turkey to pay 26,000 Euro in damages to IHD's Cetinkaya for organizing an "outlawed meeting", Ozgur Bakis daily for an article, Yeni Evrensel daily for a ban imposed on it under the OHAL Law as well as Yesilgoz and Firik for speeches.

4. "Turkey: The Trash Can as an IED Hiding Place", a deadly explosion near a popular tourist attraction on Turkey's Mediterranean coast June 24 appears to have been caused by a bomb, not a faulty gas canister as Turkish authorities claim. According to surveillance video, an improvised explosive device (IED) left in a trash can exploded near the Manavgat waterfall, 60 miles east of the town of Antalya. Despite efforts by Turkish authorities to downplay this and similar incidents, the attack demonstrates the escalation of a militant campaign against Turkey's tourism industry.

5. "Turkish soldier killed in clash with Kurd rebels", one Turkish soldier was killed in a firefight between Turkish troops and Kurdish rebels near the Iraqi border in Turkey's predominantly Kurdish southeast on Wednesday, security officials said.

6. "The militant Kurds of Iran", members of the Workers' Party of Kurdistan (Partiya Karkerên Kurdistan: PKK) founded the Kurdistan Free Life Party (Partiya Jiyana Azada Kurdistanê: PJAK) in 2004 as an Iranian equivalent to their leftist-nationalist insurgency against the Turkish government.

1. - Reuters - "Rehn says EU could stop talks with Turkey":

HELSINKI / 29 June 2006

The European Union's enlargement chief was quoted on Thursday as saying the EU may suspend membership negotiations with Turkey completely over its refusal to move on Cyprus.

"There is that possibility. I hope that we don't have to resort to that, but we have no reason not to use it if there are grounds for that," Enlargement Commissioner Olli Rehn told the Finnish news agency STT, when asked if the EU might stop talks.

He gave the interview on Wednesday when EU ambassadors decided for the first time to move forward faster in accession talks with Croatia than with Turkey because of Ankara's refusal to open its ports and airports to traffic from Cyprus.

"I am a realist and that is why I have tried to warn about a possible collision in negotiations, unless Turkey holds to its commitments on Cyprus and speeds up its reforms," he was quoted as saying.

The Turkish lira weakened briefly on the news, traders said, but the reaction was limited and it quickly recovered to stand at 1.6065 to the dollar, 0.4 percent stronger on the day.

Turkey, which invaded Cyprus in 1974 in response to a short-lived coup engineered by Greece's then ruling military junta, does not recognise the Greek Cypriot Nicosia government.

The EU says Turkey must open its ports and airports to Cypriot traffic under an agreement signed last year extending its customs union to the 10 new EU member states, including Cyprus.

The EU agreed on Wednesday to open detailed negotiations with both Turkey and Croatia on competition policy but only with Zagreb on customs, because the European Commission has not finished screening the compatibility of Turkish legislation with EU law due to the Cyprus issue.

It was the first time the EU had made Turkey wait in the talks because of its stance over Cyprus, reaffirmed by Prime Minister Tayyip Erdogan last week.

The 25-nation bloc concluded the first detailed negotiations with both candidates earlier this month on the easiest of the 35 "chapters" into which EU law is divided -- science and research.

2. - Bianet - "Onen Speaks Out: "Why Torture is Systematic":

The primary reason is that those who commit torture are protected and they go unpunished. Of those applying to the foundation, 113 were tortured in the first 5 months of 2006. Turkey should approve the additional protocol.

ANKARA / 28 June 2006 / by Tolga Korkut

Turkey's Human Rights Foundation (TIHV) chairman Yavuz Onen has said that torture remains to be a systematic fact in Turkey and that "everyone from any gender, any age, any profession can be tortured with or without being charged with an offence".

In a speech he made marking the World Solidarity Day for Those Tortured, Onen said the reason torture was so wide spread and continuous was that "persons committing torture are protected by authorities in many countries and left unpunished".

113 Torture applications to TIHV in the first 5 months of 2006

Onen said that even in the applications made to TIHV, it had been determined that 113 people had been subjected to torture in the first five months of 2006 and disclosed further details on human rights violations documented by the Foundation.

* A total of 10 thousand 449 people applied to TIHV and were medically treated between the years 1990-2005 because they were tortured or mistreated.

* 193 of the 675 people who applied to TIHV in 2005 were tortured while 113 of 165 people who applied in the first five months of 2006 were tortured.

* According to data at the TIHV Documentation Center, 5 people died in custody in 2005.

* TIHV has determined that at least 7 people died in prison.

"Torture cannot be prevented by law, proper enforcement required"

Onen said that ratification of international conventions or passing some laws and regulations in the national justice system were not enough to prevent torture and stressed that the content of conventions and laws had to be enforced properly. He said legal, judicial, administrative and educational measures were needed to prevent torture and listed a number of improvement points that would add to preventative measures.

Prosecutors should act automatically: A complaint should not be expected to start an investigation into claims of torture and mistreatment. Where there is sufficient suspicion on this issue, the investigation should start automatically.

A judicial police force should be formed: A judicial police force should be formed and work directly under the authority and employ of the Republic Prosecutor.

The Istanbul Protocol should be enforced: For the physical and mental marks of torture to be determined, the United Nations approved Istanbul Protocol procedures should be enforced for victims of torture.

Turkey should ratify the Supplemental Protocol of the Convention to Prevent Torture: Turkey should ratify and enforce the UN Convention to Prevent Torture Supplemental Protocol that allows for developing effective control mechanisms that have a great role in preventing torture.

Legislation allowing no punishment should be amended: All laws, circulars and regulations that lead to no punishment should be reviewed and changed in entirety and coherently.

The TMY should be withdrawn: The Anti-Terror Law should be withdrawn.

Education and Monitoring: In order for the legal improvements to be enforced, the enforcers should be given the necessary education and training, effective monitoring should be established.

Mechanisms of No Punishment

Onen, identifying the failure of punishing torturers as a major problem in torture becoming a systematic concept, listed "mechanisms" that led to failure of punishing the culprits.

Investigation Process: The habit of carrying out preparatory investigations related to torture allegations by the police force continued. During the investigation the police force most times does not carry out the necessary procedures, does not collect evidence. Prosecutors generally do not pay attention to the torture claims or the evidence in the file, during proceedings and other than this, want written applications.

Courts: During the trials when courts come across a torture claim or discovery, they are ignorant of the incident. They do not feel the need to make a criminal complaint to the prosecutor related to torture. This situation means the torturers go unpunished.

Legal aid to police officials suspected of torture: Legal assistance provided to security officials charged with the offence of torture plays the role of encouraging no punishment. This aid has even been expanded in the TMY draft to include attorneys that the officers themselves will select. The draft also brings to officers involved in the fight against terrorism, the guarantee of being tried on bail.

ECHR fines cannot be collected: Justice Minister Cemil Cicek recently replied to a written motion saying that the Treasury was not able to collect compensation that the European Court of Human Rights (ECHR) sentences required for torture and mistreatment crimes and had to pay 750 thousand YTL. This means that the torturers are not being punished.

Long duration trials: Trials that are extended over a long time are another reason for torture offenders not being punished with judicial officials not fulfilling their responsibilities in enforcing and interpreting the legislation.

Amnesty of records to add to no punishment: The "Law related to the Amnesty of Some Disciplinary Sentences of Civil Employees and Other Public Service Employees" passed by Parliament on June 22 will contribute to torture being unpunished. With this adjustment, all penalties bar "discharge from profession" due to torture relating to police officers have been pardoned. The small number of security personnel that have been punished will be pardoned with this adjustment.

Medical Reports: Medical reports to determine and document torture can still be defective, insufficient or wrong. This is another concept of going unpunished. To prove torture claims, mental diagnosis is as important as physical diagnosis. Medical personnel preparing reports are not sufficiently trained or equipped to determine the physical and mental marks of torture.

Medical personnel are attached to ministries: The fact that medical personnel authorised to examine persons before and after detention or during their delivery to prison work either under the Ministry of Interior or Justice is a great obstacle in their ability to function without any pressure in an objective and scientific way.

Council of Forensic Medicine is not independent: The Council of Forensic Medicine is not autonomous or independent which plays a role in harming its reliability. Where torture suspects are state officials, it becomes difficult to document the crime. Medical personnel that need to document findings of torture can face as much pressure from the authorities as they do from the police force and can be threatened. This leads to torture findings not being documented and indirectly for the offenders to go unpunished.

3. - Bianet - "Turkey Sentenced on 4 "Freedom of Expression":

ECHR sentences Turkey to pay 26,000 Euro in damages to IHD's Cetinkaya for organizing an "outlawed meeting", Ozgur Bakis daily for an article, Yeni Evrensel daily for a ban imposed on it under the OHAL Law as well as Yesilgoz and Firik for speeches.

STRASBOURG / 28 June 2006 / by Erol Onderoglu

The European Court of Human Rights (ECHR) has sentenced Turkey to pay 57,000 YTL (26,000 euro) in total as compensation to victims of four cases of "freedom of expression" violations.

Turkey will pay damages to IHD's Suat Cetinkaya who was sentenced by a Turkish court for organizing an "outlawed meeting"; the Ozgur Bakis newspaper due to a court sentence passed on a published article written by Fikret Baskaya; Yeni Evrensel newspaper for a ban imposed on it under the State of Emergency (OHAL) Law as well as Selman Yesilgoz and Ali Firik who were sentenced for speeches they made during an activity conducted by the Tunceli Culture and Solidarity Association.

The ECHR verdicts announced on June 27 were based on Turkey's "violations of freedom of expression, the right to organise and the right to a fair trial".

4. - Stratfor - "Turkey: The Trash Can as an IED Hiding Place":

28 June 2006

A deadly explosion near a popular tourist attraction on Turkey's Mediterranean coast June 24 appears to have been caused by a bomb, not a faulty gas canister as Turkish authorities claim. According to surveillance video, an improvised explosive device (IED) left in a trash can exploded near the Manavgat waterfall, 60 miles east of the town of Antalya. Despite efforts by Turkish authorities to downplay this and similar incidents, the attack demonstrates the escalation of a militant campaign against Turkey's tourism industry.

Until this latest incident, attacks targeting the tourism industry had not killed foreigners. This one, however, killed a Turkish waiter and three foreign tourists: a Norwegian of Turkish decent, a Hungarian and a Russian. About 25 other people were wounded in the explosion. On June 27, the Kurdistan Freedom Falcons (TAK) claimed responsibility for the attack, and warned tourists to stay away from Turkey.

Surveillance video of the scene reportedly shows a man placing a plastic bag in a trash can outside a restaurant at the waterfall, while two other people -- a man and a woman -- appear to act as lookouts. The two lookouts also could have been on hand to prevent anyone from interfering with the operation or to shoot the trio's way out of the area had authorities confronted them. After planting the IED, the three linger at the scene for a few minutes, watching the waterfall, and then depart. The bomb explodes 20 minutes later.

The TAK has been waging a campaign against Turkey's economy since September 2004. As part of that campaign, it has claimed responsibility for a series of small IED attacks at tourist locations on Turkey's Aegean and Mediterranean coasts, as well as in Istanbul.

Over the past year, TAK often has used trash cans to conceal its IEDs. This tactic has been successful for several reasons: Trash cans are found everywhere, especially near public gathering places, such as food courts, shopping areas and tourist attractions. They are perfect for concealing small IEDs and yet few people even notice them unless they need to use one. Also, because of the cans' unsanitary nature and often repugnant odor, people are unlikely to scrutinize their contents. Their relatively small size does limit the amount of explosives that can be concealed -- an IED that fits in a trash can will not bring down an entire building -- but those that do fit can still cause significant damage.

The reluctance on the part of Turkish authorities to call this a militant attack demonstrates their sensitivity toward the country's vital tourism industry. Fewer than 10 days before the blast, a similar IED detonated near a busy bus station used by tourists in Istanbul. After the blast, Turkish authorities asked journalists not to "exaggerate" the incident because it would negatively affect the upcoming tourist season. But Turkish officials are not the only ones concerned about negative publicity from the attacks. Journalists who arrived at the Manavgat waterfall after the explosion reportedly were attacked by local merchants who feared the publicity would hurt their businesses.

Because its aim thus far has been to discourage tourists from visiting Turkey, not to cause mass casualties, the TAK has appeared to be satisfied with using IEDs that fit in trash cans. But tourist reservations for Turkey's southern coast appear to be holding steady, even after the latest bombing. Should this trend continue, the TAK could start using larger, more dangerous bombs.

5. - Reuters - "Turkish soldier killed in clash with Kurd rebels":

DIYARBAKIR / 28 June 2006

One Turkish soldier was killed in a firefight between Turkish troops and Kurdish rebels near the Iraqi border in Turkey's predominantly Kurdish southeast on Wednesday, security officials said.

Turkey's military engagements with the Kurdistan Workers' Party (PKK), which wants a Kurdish homeland in the country's southeast, have escalated in recent months and dozens of soldiers and militants have been killed.

Ankara blames the PKK it for more than 30,000 deaths since 1984, when it launched its campaign. The group called off a unilateral ceasefire in 2004.

6. - janes.com - "The militant Kurds of Iran":

28 June 2006 / by Graeme Wood

Members of the Workers' Party of Kurdistan (Partiya Karkerên Kurdistan: PKK) founded the Kurdistan Free Life Party (Partiya Jiyana Azada Kurdistanê: PJAK) in 2004 as an Iranian equivalent to their leftist-nationalist insurgency against the Turkish government. Since 2004, as PJAK has expanded its presence in Iran and begun an insurgency that looks increasingly like its bloody counterpart in southeastern Turkey, Iran has prosecuted members of both groups with vigour.

PJAK has taken credit for a handful of reported attacks on Iranian military targets and numerous other attacks. The group claims to fight only in retaliation for attacks on its members or on Kurdish leaders in Iran, but in practice, they seem to regard almost any public suppression of Kurdish dissidence as grounds for retaliation. Zanar Agri, a member of PJAK's co-ordinating committee, said: "Many of our militants and supporters live in Iran. The government wants to hang them and we are obliged to defend their lives and welfare."

In March, after Iranian soldiers allegedly killed 10 Kurdish militants in Maku, PJAK claims to have raided three army bases in Kurdish areas of Iran. Iran's Fars News Agency confirmed another attack near the Iraqi border that killed three officers from the Islamic Revolution Guards Corps (IRGC) on 30 May. Agri said the total number of officers killed was in the hundreds, although this is most likely exaggerated.

Iran strikes back

In early May, Iran showered the Qandil mountains in northern Iraq with an artillery and rocket barrage that lasted about six hours and produced hundreds of impact craters. Iran had attacked PJAK bases in Iraq north of Qandil before and had made raids against other groups, particularly the anti-regime and Iraq-based Mujahideen-e-Khalq. However, this attack was the largest Iranian move against the Kurdish rebel bases in Qandil and the most significant incursion since the 2003 ousting of Saddam Hussein.

Agri said the party's response included operations that were continuing in late May. He said they had already launched attacks at Qala'a Rasht, Sar Dasht and Kamyaran, killing more than two-dozen Iranian officers in total. PJAK also claimed responsibility for a bombing on 8 May in Kermanshah that wounded five people at a government building.

Agri pointed out that PJAK had been given ample warning and said the group's willingness to respond militarily so quickly should convince Tehran of PJAK's resilience. He said: "Before this bombardment, Iran issued many warnings for us to stop, but we expanded our activities to other parts of Iran anyway. We are not vulnerable."