E/CN.4/1992/17
page 85
court hearing, they were not released and local authorities denied
that they were being detained. It was believed that they had been
taken back into police custody for further investigation.
(ii)
By letter dated 1 October 1991 the Government replied with regard to
Ismail Olcay and Fidan Yabaneri that these persons had been arrested
and placed in custody for taking part in an illegal street
demonstration at Diyarbakir on 1 May 1991 and resisting the police.
They had been released on 7 May 1991 by the appropriate prosecutor's
office at Diyabakir. The allegation that they had been taken back
into custody after the hearing was thus unfounded. As regards
Omer Ozer, Resit Altan, Faik Yilmaz, Mehmet Silik, Celai Ciçek,
Ibrahim Güclü, Ahmet Ozhan, Bedri Erdem, Ismail Esmeray and
Nazin Ozkhan, the Government said that the allegations that these
persons had been ill-treated and used as a human shield against a
possible attack by terrorists was completely without foundation.
Finally, as far as Siddika Bestas and Nuriye Erdem were concerned,
the Government stated that their dates of birth were 1973 and 1975
respectively. Having taken part in the activities of the terrorist
group for a time, they had been apprehended when they returned to
their village. After questioning they had been brought before the
court, which had decided that they should be placed under arrest.
The medical reports on them certified that they had not been
ill-treated.
(h) Barbara Anna Kistler (4 June 1991), a Swiss citizen reportedly
detained in Istanbul on 20 May 1991 and taken to the First Political Branch of
Istanbul Police Headquarters. On 27 June 1991 the Government informed the
Special Rapporteur of the circumstances under which the above-mentioned person
was detained. It was affirmed, inter alia, that during the period of
detention, Barbara Anna Kistler had been visited by the Swiss Consul General
and by her lawyer. At the end of the detention period, she had been examined
by experts of the Istanbul Forensic Medical Department who certified that she
had not been subjected to any kind of mistreatment. In addition, a copy was
enclosed of a Swiss newspaper article of 31 May 1991 asserting that
Miss Kistler had told the Swiss Vice-Consul, who came to visit her in prison,
that she had not been ill-treated since her arrest, 10 days earlier.
(i) Cavidan Kocaacar, Murat Demir, Bedii Yarayici, Deniz Teztel,
Tulay Avci, Fatma Ocalan, Hatice Suna, Ummet Suna, Necmi Suna and Lutfi Topal
(26 June 1991).
(i)
All of the above-mentioned persons, as well as several others whose
names were not given, were reportedly detained in police operations
in Ankara and Istanbul following the assassination in Ankara of
General Ismail Selon on 23 May 1991, and taken to the Ankara Police
Headquarters. Murat Demir, a lawyer, member of the Halkin Hukuk
Burosu legal practice, and Cavidan Kocaacar, former President of the
Solidarity Association of Prisoners' Relatives (TAYAD) (regarding
whom the Special Rapporteur sent an urgent appeal on 6 March 1991
and received a reply dated 26 June 1991 (see para. 243 (b) above),
were detained on 13 June 1991 during a police raid of the practice.
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