E/CN.4/1996/35/Add.1
page 144
773. Necmiye Aslanog
ˆlu and Nuran Tekdag
ˆ, journalists with Özgür Halk; and
Metin Acet, a journalist with Özgür Politika, were reportedly detained at a
road-block near Batman on 3 November 1995. Necmiye Aslanog
ˆlu had been
detained four times previously, including in December 1993, when she was
allegedly subjected to various forms of torture. The three journalists were
said to be held at Batman police headquarters (9 November 1995).
774. Gevher Toprak, aged 17 (female), Emrullah Toprak, aged 14 and
Fatih Toprak, aged 9, were reportedly detained from their home in Diyarbakir
by members of the security forces on 10 November 1995. On 12 November,
Fatih Toprak was taken back to the house, where he was said to remain with
police personnel. The police also reportedly kept detained in the house
Makbule Tutal, aged 70 (female), and Behiye Tutal (female) and her children
Mehmet Tutal, aged 3, and Urdayal Tutal, aged 18 months. In addition,
Ali Güden, a member of the HRA, was reportedly detained by police on
7 November 1995 and was being held in Mersin. He was suffering from a serious
heart condition and might be in need of urgent medical treatment
(14 November 1995).
775. Mina Fazelollahi and Maryambanoo Sepehri-Rahnama, both nationals of the
Islamic Republic of Iran, were being held in Piram Pasha prison in Istanbul
and facing possible deportation to Iran. They had both previously been
imprisoned in Iran for political reasons and had allegedly suffered severe
ill-treatment during their detention (20 November 1995).
Other communications received from the Government
776. On 29 March 1995 the Government, responding to the observations contained
in the report of the Special Rapporteur to the fifty-first session of the
Commission on Human Rights (E/CN.4/1995/34, para. 826), wherein the latter
characterized its replies as "flat denials", stated that one might define the
allegations themselves as "flat". The United Nations human rights machinery
had been bombarded with communications containing mostly false allegations,
the sole objective of which was to discredit Turkey and weaken its resolve in
combating terrorism. Instead of reaching hasty conclusions about Governments,
the human rights mechanisms should take effective measures so that they are
not manipulated to contribute in one way or another to activities carried out
by terrorist groups, thus having to share the moral burden of innocent
civilians killed by such groups. The Government was committed to the
prevention of torture and all necessary measures to that effect were fully in
place.
777. On 16 June and 16 September 1995 the Government provided the Special
Rapporteur with statistical information for 1994 and January through
June 1995, pursuant to resolution 1994/34 entitled "Question of the impunity
of perpetrators of violations of human rights" adopted by the Sub-Commission
on the Prevention of Discrimination and Protection of Minorities. In 1994,
1,194 complaints were filed of torture and ill-treatment and preliminary
investigations were under way in 431 of these cases. The public prosecutors
deemed prosecution to be unnecessary in 235 cases. The courts considered
40 cases to be outside their territorial jurisdiction and 70 to be outside
their subject-matter jurisdiction. Of the 418 cases that were commenced, the
court acquitted the accused in 39 cases, sentences of imprisonment and fines
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