E/CN.4/1996/35/Add.1
page 140
749. Dog
˘an Denizhan, a correspondent for Özgür Ülke, was reportedly arrested
on 24 January 1995 at the newspaper’s offices in Van. He was allegedly beaten
as he was taken away and his whereabouts were unknown (30 January 1995).
750. On 20 March 1995 the Government replied that Dog
˘an Denizhan had been
detained on the charge of possessing documents relating to the PKK and was
released on 26 January 1995. It was established that he was not subjected to
torture or ill-treatment during the period he was under custody.
751. Khari H. Ibrahim, Hussein H. Merza, Saed Suleiman and Saed Merza, Iraqi
nationals travelling through Turkey en route to Geneva to cooperate with the
United Nations human rights procedures, were reportedly detained, despite
having travel documents to come to Switzerland. It was alleged that the
authorities might deport them to Jordan, from where they might thereafter be
returned to Iraq. Fears were expressed that the detainees might be subjected
to torture if so returned (20 February 1995).
752. ¸
Serif Atmaca, Hanifi Is
¸ik, (teacher), Sinan Tanrikulu (lawyer),
Firat Anli (lawyer), Servet Ayhan (lawyer), all members of the Diyarbakir
Human Rights Association, were reportedly detained on 27 February 1995 at the
HRA offices and taken for interrogation to the Diyarbakir gendarmerie
regimental headquarters (6 March 1995).
753. On 24 May 1995 the Government replied that the above-named persons had
been referred to the office of the chief public prosecutor of the Diyarbakir
State Security Court on 9 March 1995 and were ordered arrested by the relevant
court on charges of PKK membership. It was established through medical
reports that they were not subjected to torture or ill-treatment.
754. An appeal was transmitted in conjunction with the Representative of the
Secretary-General on internally displaced persons, the Chairman of the Working
Group on Arbitrary Detention, the Special Rapporteur on extrajudicial, summary
or arbitrary executions and the Chairman of the Working Group on Enforced or
Involuntary Disappearances on behalf of Turkish and Iraqi civilians of Kurdish
ethnic origin situated in areas affected by operations of the Turkish Army
following its entry into the territory of northern Iraq on 20 March 1994. It
was reported that civilians were at risk of arbitrary detention, torture,
extrajudicial executions and disappearance and that a large number of persons
had already been displaced. The signatories to the appeal called upon the
Government to take all necessary measures to ensure that the affected
civilians’ rights, inter alia to life and to physical and mental integrity, as
set forth in several enumerated provisions of human rights and humanitarian
law instruments, were protected (4 April 1995).
755. On 6 April 1995 the Government replied that it did not consider its
operations in northern Iraq to fall within the purview of the signatories of
the joint appeal. United Nations human rights mechanisms should not attempt
to encroach upon the field of international humanitarian law, which is treaty
law, unless specifically provided otherwise by law. On 10 May 1995, the
signatories of the appeal, in expressing disagreement that the issue was not
within the purview of their mandates, drew the attention of the Government to
various provisions of the Charter of the United Nations, the Vienna
Declaration and Programme of Action and General Assembly resolutions in
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