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### Viewing cable 03ADANA26, HELSINKI COMMISSION EXAMINES HUMAN

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
03ADANA26 | 2003-01-28 17:49 | 2011-08-24 01:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Consulate Adana

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 06 ADANA 0026

    SIPDIS

    SENSITIVE

    DEPARTMENT FOR EUR/SE AND DRL

    E.O. 12958: N/A
    TAGS: PHUM PGOV TU ADANA
    SUBJECT:  HELSINKI COMMISSION EXAMINES HUMAN
    RIGHTS IN DIYARBAKIR, FINDS DIFFERENT
    LENSES STILL IN PLACE

    REF:  A) ANKARA 486       B) 02 ANKARA 8881
          C) 02 ANKARA 6116   D) 02 ANKARA 8564
          E) 02 ANKARA 7290

    ¶1.  (SBU)  Summary:  Two staffers from the U.S.
    Commission on Security and Cooperation in Europe
    (aka Helsinki Commission) traveled to Diyarbakir
    January 15-18 for meetings with GOT officials, human
    rights activists, and religious groups.  Key agenda
    items included torture, language rights, and village
    return.  (Staffers' discussions regarding religious
    freedom issues reported septel.)  In all areas of
    concern, staffers noted gaps between reforms pledged
    and reforms implemented.  End summary.

    ¶2.  (U)  The staffers - Chadwick W. Gore, Commission
    Staff Advisor and Secretary to the U.S. Delegation
    to the OSCE Parliamentary Assembly, and H. Knox
    Thames, Commission Staff Counsel - met in Diyarbakir
    January 15-18 with GOT officials, locally elected
    officials, and human rights activists in order to
    assess progress in implementation of human-rights
    reform legislation (Refs B - E).

    Torture - Still a Problem
    ::::::::::::::::::::::::::::::::::::

    ¶3.  (U)  The number of  terrorism-related arrests is
    down, and so is the incidence of torture, Gore and
    Thames were told in January 15 meetings with Hakki
    Uzun,  Deputy Regional Governor for the former State
    of Emergency Region, and Sait Gurlek,  Diyarbakir
    Province Chief Public Prosecutor.  (Note: As the
    State of Emergency has been lifted, Uzun is now
    presiding over the closing down of his office.
    Saying he is under no particular deadline, he and
    his staff were in the process of filing, archiving,
    and handling administrative tasks.  End note.)

    ¶4.   (U)  Gore and Thames met January 16 with
    Huseyin Nail Atay, a Deputy Governor of Diyarbakir
    Province.  In this meeting, as in others with GOT
    officials, the staffers handed over a copy of a
    letter to PM Gul signed by Members of Congress from
    the U.S. Helsinki Commission.  The letter contained
    praise for the new government's expressed
    commitments to human-rights reform while noting
    ongoing problems in that regard.   Torture was at
    the top.    Atay defended the GOT's recent record on
    torture as one of "great progress."  He did not deny
    abuses had occurred, and do still occur, but
    commented that "at the individual level, government
    officials make mistakes, in the United States, too."
    He went on to state that the HADEP party's
    provincial chairman had recently admitted that there
    had been no cases of torture of late."  (Note: We
    were not able to confirm this remark.  End note.)
    The province had built a new prison - a very
    expensive undertaking.  It met EU standards, he
    asserted.

    ¶5.  (SBU)  Gore and Thames met January 17 with a
    group of lawyers, physicians, and founding members
    of the Diyarbakir chapter of the Human Rights
    Foundation  (HRF) to discuss torture. According to
    the HRF representatives, it was too early to tell
    whether recent legal reforms were having an effect
    on torture.  After the raft of EU-inspired reforms,
    and after the lifting of the State of Emergency two
    months ago, there was now even less reason for
    Turkish authorities to turn a blind eye to torture
    allegations, they reasoned.  Nevertheless, they
    said, to date in Diyarbakir no police, security
    officials, or Jandarma have been brought to book.
    In 2002, the HRF received 80 new allegations of
    torture.  (Note: That means 80 cases first brought
    to their attention in 2002, not 80 cases that
    occurred in 2002.  End note.)   How was it possible,
    they asked, that not a single torturer had been
    punished, even when subsequent medical examination
    can confirm physical injury?  The staffers noted the
    instance of torture in Turkey was widely agreed to
    be decreasing, but asked the HRF about what it was
    seeing in its Diyarbakir office.  The HRF members
    replied that the statistics could be tricky; even
    though torture may nowadays be less common, the
    number of cases actually being reported to the HRF
    was not decreasing.  Cases from yesteryear are still
    popping up.  Since 1999 there have been  fewer
    detentions and arrests; however, the HRF claims, the
    people-in-custody/people-being-tortured ratio has
    not fundamentally changed.   For 2002, the HRF
    provided the following statistics.  Number of cases
    reported: 188.  Number of cases reported that
    alleged political reasons for detention: 186.
    Number of cases reported that were males: 141.
    Female: 32.  Children: 15.  Number of cases reported
    that were acute: 32.  Number of cases reported that
    were chronic: 156.

    ¶6.  (SBU)  In documenting the practice of torture,
    HRF members told the staffers they had observed
    that, as is widely known, practitioners had gotten
    more sophisticated.  "Subtler" techniques, designed
    to leave no trace, had been devised.  These include:
    hosing with cold water followed by exposure to cold
    weather or air-conditioning, use of blindfolds,
    painfully loud music, plastic bags to create
    breathlessness, applying gels before using electric
    shock, sand-filled bags instead of clubs for
    beatings, pointing of cocked weapons, and verbal
    threats up to and including death threats.

    ¶7.  (SBU)  A related risk for detained individuals -
    denial of access to lawyers - persists, according to
    HRF members, who described for the staffers a recent
    case in Diyarbakir province in which a large group
    of students was detained.  The security official in
    charge at first denied access to a lawyer,
    apparently unaware that recent changes in Turkish
    legislation guarantee access within 48 hours.
    Access was granted, however, after HRF members
    provided copies of the text of the new legislation.
    After the lawyer had met with the students, however,
    the security director attempted to hold onto the
    lawyer's notes.  (Note:  The students had been
    arrested for conducting a protesting against the
    alleged enforced isolation in recent weeks of
    imprisoned PKK leader Abdullah Ocalan.)

    ¶8.  (SBU)  In summary, the HRF members said torture
    is difficult to eradicate in the region, and
    torturers continue to enjoy impunity, because the
    prevailing mind-set is that what is going on "is
    being done for the well-being of the State and the
    State accepts this as necessary."  One will look in
    vain, they said, for examples of concrete steps
    taken by the State to police itself in this regard,
    that is, convictions of torturers, or even thorough
    investigation of allegations, or even unannounced
    inspections of detention centers.   The HRF claims
    that in the past 17 years, although charges have
    sometimes been brought, not a single public employee
    has been convicted of torture in Diyarbakir
    province.

    ¶9.  (SBU) The staffers also discussed torture
    January 17 with representatives of the Diyarbakir
    Chamber of Doctors and Physicians Treating Torture
    Victims.   (Note: The Chamber is basically a roster
    of doctors who make themselves available to treat
    torture victims.  End note.)  Chamber
    representatives said recently reported torture
    techniques included exposure while naked to cold
    water and air conditioning, electric shock, and
    squeezing of the testicles.  On a psychological
    level, noted the Chamber representatives, state
    authorities also know how to bring pressure to bear
    on patients.  For example, it is common for law-
    enforcement officers to sit in the room while the
    doctor examines the patient, thereby creating
    intimidation.  The authorities have also taken
    action against certain doctors involved in treating
    torture victims.  For example, two HRF doctors were
    recently reassigned from their position at a state-
    run hospital in Diyarbakir to smaller, outlying
    districts.  (Note:  A doctor is free to open a
    private-practice, but doctors in the public sector
    must serve where assigned.  End note.)  The two have
    repeatedly applied for reassignment but have been
    stuck in place.  Other Diyarbakir doctors have
    suffered even more, serving prison sentences for
    having treated PKK members - wittingly or
    unwittingly.  Upon release from prison, their
    ability to practice medicine has been curtailed.

    ¶10.  (SBU)  In a January 17 meeting the staffers
    asked Saban Erturk, Diyarbakir State Security Court
    (SSC) Chief Prosecutor, whether he had any current
    investigations underway that might lead to the
    prosecution of alleged torturers.  He replied that
    the SSC did not handle torture cases; they were
    handled by the regular criminal courts.  Erturk said
    changes in Turkish law (refs B and C) demonstrate
    that the Government was serious about ending the
    practice.  "Any torturers will be accountable," he
    said.  He welcomed the idea of unannounced visits to
    detention centers.  When asked if the frequent
    discrepancy between statements given by detainees
    while in custody and statements given by detainees
    at trial might be attributable to torture, the
    Prosecutor said no.  "They lie," he said.  (Note:
    In the Turkish legal system, a defendant cannot be
    charged with perjury.  End note.)

    ¶11.    (SBU)  The Chief Prosecutor praised the SSC
    system as being an elite system.  (Note: He himself
    has 22 years experience as a prosecutor, and is now
    one of only seven Chief Prosecutors in the nation -
    arguably the one with the toughest circuit.   He is
    also a former International Visitor Program grantee.
    End note.)   He said the judges in the SSC system
    were first-rate and that 80 percent of the cases
    ended in conviction.  In this way, he said, the SSCs
    are fulfilling their mission of protecting the
    Turkish people from terrorism.  He commented that
    Americans often consider as "rights" certain
    activities that are explicitly prohibited by Turkish
    law, for example, questioning the indivisibility of
    the state or fomenting division along religious or
    Marxist grounds.   He had been to America and
    admired its "vastness of freedom of expression," he
    said, but Americans must remember that "in this
    country thousands of people had been killed by
    terrorists and up in the mountains there were still
    hundreds of terrorists".  (Note: The day before,
    January 16, in Lice in Diyarbakir Province, a clash
    between Turkish military and PKK elements had
    resulted in one death and five wounded on the
    military side and an undisclosed number of
    casualties on the PKK side.  End note.)

    Language Rights - Still Waiting
    ::::::::::::::::::::::::::::::::::::::::::::: ::

    ¶12.  (U)  The staffers asked Diyarbakir Province
    Deputy Governor Atay whether broadcasting in Kurdish
    would begin any time soon. Atay replied, rather
    tangentially, that it was a mistake to consider
    Kurdish as a single language; there were several
    quite distinct dialects.  The staffers said they
    were aware of that, but were asking an
    administrative question not a linguistic one.  "In
    the course of time it will probably happen," Atay
    opined.  Kurdish cassettes and videos now circulate
    freely, he added.  The staffers expressed the view
    that most international observers had assumed, after
    the passage of the recent legislation, that
    broadcasts would begin in a matter of days or weeks.
    Again, Mr. Atay replied obliquely, saying there had
    been an experience with local Kurdish-language
    television, but it had turned out to be
    "separatist." This time control would be vested in
    TRT, the Turkish state television network.  Private
    Kurdish-language television channels in the future
    were a possibility, he believed.  In any case, the
    authorities have stopped trying to control the
    spread of satellite dishes; Kurds in Turkey have
    access to Kurdish-language programming from abroad.

    ¶13.  (SBU)  In a separate meeting, members of the
    Diyarbakir Bar Association told Poleconoff and FSN
    Pol Assistant that the government was not making
    serious efforts to lift all obstacles to the use of
    Kurdish.  They said the Bar Association has sued
    RTUK (Turkish Radio and Television Supreme Council)
    over this issue.  They believe the implementing
    regulation does not meet the spirit, or the letter,
    of the reform legislation passed in Parliament.
    Some Bar Association members went further, and
    stated that the cynical intent of RTUK and the
    Turkish authorities was to placate European critics
    while actually using Kurdish-language broadcasting
    as a tool for further cultural assimilation.  In
    this regard, they pointed out certain restrictions
    in the RTUK regulations (ref D) which, they said,
    undermined the spirit of the reform legislation.
    Concerning the use of Kurdish in classroom
    education, they ask, why should Kurds still be
    denied the kind of language-independence that was
    long ago granted to Greeks and Armenians by the 1923
    Lausanne Treaty, especially since there are so few
    Greeks and Armenians left in Turkey?  When asked
    about the practical day-to-day use of Kurdish in
    courtrooms, Bar Association members said that
    Turkish-Kurdish courtroom translation was haphazard,
    ad hoc, and at times denied.  Those accused of a
    crime were not granted the opportunity to read the
    indictment in Kurdish.

    Village Returns - Slow Going
    :::::::::::::::::::::::::::::::::::::::::::

    ¶14.  (SBU)  The Turkish Red Crescent's Regional
    Director in Diyarbakir, Muzaffer Karadede, argued
    that village return was of interest to the elderly
    and was not much sought after by young people. The
    villages have no jobs.  Additionally, the loss/lack
    of infrastructure and the obliteration of the
    villages' former familial-communal support system
    make return less enticing.  Karadede, an
    ophthalmologist who spent a good portion of his
    professional career in Istanbul, is from an old
    Diyarbakir family.  He can hardly believe the
    transformation his city has undergone.  On top of
    what might normally have been expected for rural-to-
    urban migration in a country like Turkey, the long
    fight against the PKK drove so many villagers into
    Diyarbakir city that he now estimates that more than
    90 percent of the people living in the city were not
    born there.  Not a single member of the Diyarbakir
    city council was born in Diyarbakir.  In his view,
    given that the Turkish state never did much for
    peasants in the region's villages anyway, it was
    hardly surprising that not much was being done now.
    Karadede also asserted that the village guard system
    was now serving as a major factor in discouraging
    returns, and that the village guard system has taken
    on some of the characteristics of the region's old
    "aga" (feudal landlord) system, in which might makes
    right.

    ¶15.  (SBU)  The village guard system was raised by
    staffers Gore and Thames with Diyarbakir Deputy
    Governor Atay.  Now that the PKK had been defeated,
    they asked, why was the village guard system not
    being dismantled and why were the guards themselves
    not being demobilized and disarmed?  Atay began his
    response by noting that as far back as the "Village
    Administration Law" of 1924 there had been
    provisions for something similar in the region.  Be
    that as it may, it was not now possible to eliminate
    the village guard system all at once.  Village
    guards were on the state payroll and would not take
    well to being dropped from it.  The GOT planned to
    reduce their number gradually, through attrition, by
    not appointing any new ones.  Also, in the future,
    their duties may be changed, e.g. to janitors in
    schools.  (Comment:  The staffers expressed some
    incredulity that a village guard might want to trade
    in his gun for a broom.  End comment.)  To what
    degree, asked the staffers, was village return being
    thwarted by village guards squatting on others'
    land, intimidating, and using violence?  The
    problem, replied Atay, was exaggerated.  In the few
    cases where village guards had abused their
    authority, they had been arrested and dismissed.
    Sometimes what appeared as a case of village-guard
    violence had as its underlying cause a traditional
    blood feud.  The bad example of some village guards,
    he said, should not be used to obscure the fact that
    "the village guards and the Army were part of a
    successful struggle for the territorial integrity of
    the country."

    ¶16.  (U)  Leaving aside the debate about alleged
    obstacles to return (village guard, paperwork, no
    jobs, no infrastructure, lack of government
    investment), the staffers tried to ascertain how
    many villages in Diyarbakir province had in fact
    been re-opened for return and how many had actually
    seen returns  The only specific numbers came from
    the office of Deputy Governor Atay: 90 villages
    ("koy") and 303 hamlets ("mezra") evacuated during
    the conflict, of which 48 villages and 58 hamlets
    had seen returns.  Twelve villages had had requests
    for return that were denied -- on security grounds.
    As for the remaining 275 villages/hamlets, there had
    so far been no request.  (Note: To place this number
    in context, it is estimated that more than 3,200
    villages or hamlets in southeastern Turkey were
    evacuated during the course of the struggle between
    Turkish forces and the PKK.  End note.)
    ¶17.  (SBU)  The staffers met with displaced
    villagers.  The Deputy Governor's office arranged
    for the staffers to visit Saklatkoy, a village
    outside Diyarbakir to which return had been approved
    and in fact achieved.  The village had electricity
    but no plumbing.  Many structures were damaged, but
    many have been repaired, and even some new ones have
    been built, including a new primary school building.
    The villager headman (muhtar), a man with three
    wives and 23 children, expressed appreciation for
    the chance to return.  Other villagers echoed this
    sentiment in their conversations with Gore and
    Thames, which took place with a representative of
    the Turkish government present.  Their only fear,
    they said, was that the PKK might come back.  Upon
    being driven back to Diyarbakir, the staffers had a
    chance to meet with a family that had not managed to
    return to its village (Koprulu, Mardin Province).
    The head of household was an illiterate itinerant
    laborer with 10 children. He claimed to have been
    denied permission to work as a pushcart peddler in
    Diyarbakir, and therefore leaves home for months at
    a time to live with his brother and work on
    construction sites in Izmir, some 700 miles away.
    He said he had unsuccessfully applied to return with
    his family to his village.  He was told that he
    would be allowed to return -- if he would agree to
    serve in the village guard.  He refused:  "It's no
    good; brothers are going to kill brothers."

    ¶18.    (SBU)  Comment:  It would appear that
    staffers Gore and Thames came away from Diyarbakir
    somewhat underwhelmed by the degree of actual
    implementation of human-rights reforms undertaken by
    the Turkish government.  As they explained to more
    than one interlocutor, the international community
    expected that reform efforts designed to make
    torturers accountable, ease language restrictions,
    and promote village returns would be bear fruit in a
    matter of days/weeks, not months/years.  Their
    report to the Congress is likely to conclude that
    human-reform pledges of the Turkish government still
    await implementation on the ground.  End comment.

    ¶19.  (U)  Gore and Thames did not have an
    opportunity to clear this message.
    HOLTZ

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