E/CN.4/1991/17
page 61
(c) The Special Rapporteur has also received information that numerous
people suspected of being members of the Turkish Communist Party were detained
and tortured at the Kahramanmaras Police Headquarters in early 1989. Two of
those detained, Gazi Eke and Mustafa Deprem, have testified that they had been
subjected to electric shocks, suspension and beatings. Gazi Eke testified
that he had received beatings to the head and had since suffered from
epilepsy. Another detainee, Oguz Yaman, was detained at Kahramanmaras and
transferred to the Mersin Police Headquarters where he and his wife were both
allegedly subjected to torture;
(d) In addition to the aforementioned, it was reported that on
18 July 1989, Seyhmus Orhan of Yoncali was detained in the fields near Yoncali
and was later allegedly killed under torture at the Command of the
118th Gendarmerie Regiment. It was further alleged that the authorities shot
him after his death in order to claim that he was killed while trying to
escape.
189. On 6 November 1990 the Government of Turkey provided the Special
Rapporteur with detailed information concerning the aforementioned persons,
including their date of detention, the charges against them and their physical
condition following their alleged torture. The communication contained the
following information:
(a) Mazhar Kara was released on 28 September 1989 as a result of a
decision by a court of appeal;
(b) Mehmet Ozkan, Songul Ozkan, Bektas Ozkan, Ihsan Irmak and
Fuat Akylirek were arrested on 16 February 1989. "Upon complaints, the Public
Prosecutor of Istanbul initiated an investigation against the security
officials concerned. He has concluded that allegations were unfounded and
that further action was not needed. Medical reports which were duly prepared
attest to the fact that the said persons had not been mistreated under
detention";
(c) Gazi Eke, Mustafa Deprem and Oguz Yaman: "the said persons
claimed before the court that they had been tortured in detention. On
16 September 1989 the Public Prosecutor of Kahramanmaras opened an
investigation on the conduct of the officials who had interrogated these
persons at Kahramanmaras Police Headquarters. The investigation was completed
on 19 April 1989 with the decision that there were no grounds for a judicial
proceeding. Medical reports certify that the plaintiffs had not been
subjected to any kind of ill-treatment while in detention and under
interrogation. The results of this investigation were challenged by the
persons in question through an objection submitted to the Gaziantep Criminal
Court. The case was re-examined by the said court which consequently reached
the same conclusion on 16 August 1989. The persons in question made another
application to the Public Prosecutor of Gaziantep. The said office duly
looked into the allegations and, on 11 December 1989, decided that there was
no basis for further action";
(d) Seyharuz Orhan was seriously wounded "in an exchange of fire between
the security forces and terrorists on 18 July 1989 near the Yoncali village of
Hakkari" ... "He later died in the Hakkari State Hospital. The autopsy report
of the hospital shows that he did not die because of mistreatment.
Nevertheless, the allegations have been referred to the competent authorities
who are in the process of conducting the necessary investigation".
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