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DARK DAY FOR KURDISH IN TURKEY - 15 FEBRUARY by Matthew Esau

Abdullah Ocalan

To mark the anniversary of Kurdish national leader Abdullah Ocalan’s abduction in 1999, a series of events will be hosted by the Kurdish Community around the world. Members of the community will take part in hunger strikes on 14 February as a gesture of solidarity with their leader and on the following day protest marches will take place in Turkey particularly those parts where millions of Kurds are living. They will be joined by similar protest activities in a number of European countries. The protests call for the release of Abdullah Ocalan and are renewed efforts by the Kurdish people to encourage the government of Turkey to resolve the Kurdish conflict.

Millions of Kurdish people regard Abdullah Ocalan as one of their key political representatives. He is regarded as the Kurdish leader who has vocalised their struggle for cultural rights and democracy. Ocalan has become a symbol for the freedom of the Kurdish people for their liberation. Since 1993, Ocalan has been propagating against separatism and secessionism and has positioned himself as a prophet for democracy in the Middle East.

Abdullah Ocalan was intercepted by Interpol in Kenya, on his way to South Africa where he was to apply for political asylum. On 15 February 1999, 12 years ago he was imprisoned on the island of Imrali, in a specially constructed prison, in solitary confinement. He has been the only prisoner on the island for most of the 12 years in a prison which is under the control of the Turkish army and guarded by over 1,000 soldiers, unbeknown to most of the West.  The Turkish authorities announced in 2004 that five prisoners from the main land had been transferred to the Imrali prison. However Ocalan is forbidden to have contact with these prisoners.

In January 2005 a Delegation of International Human Rights’ Lawyers were mandated by International Human Rights Organisations, including the Kurdish Human Rights Action Group (KHRAG) a South African human rights group based in Cape Town, to investigate and report on the Kurdish question in Turkey and the conditions of imprisonment of Abdullah Ocalan. The Delegation comprised Professor Norman Peach, Advocate Rainer Ahues, Dr Rolf Gossner, Advocate Heide Schneider-Sonnemann and South Africans; Justice Essa Moosa and Advocate Joey Moses.

The Delegation held hearings at which it gathered evidence with regards to its mandate and met with political parties: AK Party and Dehap; non-governmental organisations, the European Union Commission in the Turkish Parliament, The Human Rights Association of Ankara and Istanbul, the Union of Turkish Bars in Ankara, Mazlum-Der, an advocacy human rights group, Goc-Der, an advocacy group for ethnic minorities, Yakay-Der, an advocacy group for missing activists, Tay-Der, a support group for political prisoners, TOHAV, foundation for social and legal studies, AsrinHukuk Bureau, a legal firm representing Abdullah Ocalan, Kongra-gel, representing the Kurdish people of Kurdistan, ex-political prisoners,  activists and family members of Abdullah Ocalan.

The overall impression of the delegation was that there existed an overwhelming display of willingness and goodwill on the part of all those interviewed, to embrace the concept of human rights in Turkey and a genuine desire by most of them that the Kurdish issue should be addressed and resolved through dialogue. The ruling political party and the European Human Commission in the Turkish parliament differed with the majority of respondents with whom the Delegation interacted, that the resolution of the Kurdish question is inextricably linked to the continued imprisonment of Abdullah Ocalan. The delegation were of the firm view that Abdullah Ocalan

Remained an indispensable part of the Kurdish issue. His continued imprisonment and the conditions of his detention should not be separated from effectively addressing the Kurdish question. The solitary confinement which adversely affected the health of Ocalan was a source of grave concern for the delegation. The delegation supported there commendations of the Anti-Torture Committee of the European Union that the conditions of imprisonment of Ocalan be immediately improved and his solitary confinement be brought to an end.

6 years after the after the recommendation of the Anti-Torture Committee of the EU, Ocalan is still in prison, creating much frustration amongst the Kurdish people who have been encouraged by the recent protest demonstrations in Egypt. From the prison on Imrali island, Adullah Ocalan has called for Peaceful dialogue in Turkey and himself encouraged by the demonstrations in Egypt he said; “the goal of the Kurdish movement is Peace, which can be achieved if millions of Kurds take to the streets similar to the opposition supporters in Egypt”. Ocalan was speaking to his lawyers during his weekly meeting in Imralıisl and, when he asked the millions of Kurds to come together and speak out for their rights. “This will force the Turkish government to take meaningful steps to solve the Kurdish Question”. Ocalan insisted that he was not threatening but trying to find a way for a peaceful solution. The Kurdish leader repeated his call for dialogue and warned that if the channels for dialogue were blocked then violence and clashes will restart between the Turkish army and Kurdish guerrillas. “We want to avoid this and achieve democratic peace” he said.
The demonstrations in the Middle East are spreading with a certain amount of momentum and the encouragement that it is providing the oppressed peoples in the Middle East is rolling like a fire without control. The power of the people is raging and for the Kurdish people the release of Abdullah Ocalan will be the first step for the Turkish authorities indicating a willingness to dialogue with the leaders of the Kurdish people. Ocalan’s continued incarceration serves no purpose. It merely prolongs a negotiated settlement of the Kurdish issue. It will be wise for those who are holding Ocalan to release him so that he and other leaders of the Kurdish people can help to bring about the Peace that they so desire.

Revd Matthew Esau is the vice chair of the Kurdish Human Rights Action Group (KHRAG)

KHRAG have the following objectives: To promote awareness of the Kurdish struggle for the recognition of their basic human rights, the right to practice their culture, language and customs and to promote the protection of such rights. To promote awareness of the right to freedom of association and more particularly for Kurdish to form their own cultural, social and political organizations and freedom of expression.

Ocalan: Final decision will come in June


Abdullah Ocalan

Kurdish leader Abdullah Ocalan says he is in favor of disarmament in principle as long as legal-constitutional safeguards are provided. Regarding the extension of unilateral ceasefire he also added that Although we will have a serious evaluation in March the final decision will be in June.
Imprisoned Ocalan met his lawyers in ImraliIsland prison. Regarding the current ceasefire Ocalan KCK and the state should take steps in order to encourage the other side to continue the ceasefire. "City Councils that can be formed can work for peace, for instance put pressure on the parliament to pass a decision for peace. They can also establish commissions in order to investigate the incidents like deaths of Turgutl Ozal and Esref Bitlis" Kurdish leader said.

He further said a Truth Commissions should be established by March and start searching the truth which will contribute the solution. Abdullah Ocalan meanwhile called on Turkish people and said they have nor problem with the Turkish people but with status quo and its protectors. He also reminded that Turkish and Kurdish people have been living together sine 1071 and solving problems will empower the ties between two nations. Ocalan also called on Kurdish guerrillas to save the no-action period and no to resort attacks unless it is absolutely necessary.

The Fundamental problems can not be left to political oligarchy in Turkey therefore there is a need for cooperation and Gülen community to also work not only for Democratisation of Turkey but the entire Middle East. Regarding Democratic Autonomy Ocalan reiterated that it not a project for Kurds only but whole Turkey. "It is a project for Turkey and will cover all the ethnic and religious community in the country. I call it democratic nation, democratic country."

The examples from Ireland, Spain, Switzerland and even from Belgium should be studied as they can be useful. Democratic Autonomy need to be discussed not only by the Kurds but whole of Turkey, from Thrace to Botan, from Dersim to Antalya." he said.

KHRAG takes the lead at the 7th EUTCC Conference

Archbishop Desmond Tutu

The 7th EUTCC conference met in Brussels on 17 and 18 November 2010 where Ms. Nomfundu Walaza the CEO of the Desmond Tutu Peace Centre and Revd. Matthew Esau the vice chairman of KHRAG represented South Africa. Revd. Esau introduced a video message from Archbishop Tutu (a patron of the EUTCC) at the opening of the conference and Ms Walaza gave an address in the important way forward session on 18 November.

The following message was received by KHRAG from the committee of the EUTCC; "Thank you for your invaluable contribution to the EUTCC conference (by introducing ) the video (message) of Archbishop Tutu and (for) introducing to us the CEO the Desmond Tutu Peace Centre, Ms Nomfundo Walaza. Both the video message and Nomfundo's speech were the highlights of the conference."

This was "undoubtedly the most constructive conference we have held so far! Tutu's very powerful video message set out clearly the most important topics and themes of the conference and raised the level of political debate. Not everyone on the platform and in the audience agreed entirely on every point, however, "the consensus was that at all levels constructive engagement, action and lobby should be discussed which will move the process"

The input of the South Africans "raised the overall levels of the debate in the EUTCC which now have to change from that of a monitoring group to a group which may help to facilitate dialogue on conflict resolution in Turkey."
The Conference extended its thanks and appreciation to Archbishop Desmond Tutu for his support and involvement towards a peaceful resolution of the Kurdish issue.

The White House's reply to Ocalan's letter


An extract from President Barack Obama's letter

Dear Friend:
"Thank you for sharing your thoughts with me. Many Americans have written to me about human rights around the world, and I appreciate your perspective.

The United States was founded on the principles of freedom and equality, and our history is marked with triumphs and struggles in fulfilling these timeless ideas. Our task is never finished and protecting these core values is shared obligations. No region is free from violations of human rights, and no nation should be silent in the fight against them. When innocents in places like Bosnia and Darfur are slaughtered, that is a stain on our collective conscience. I am committed to reinvigorating America's leadership on a range of international human rights issues.

As you may know, the United States has rejoined the United nations Human Right Council and is working to make this body as effective as possible. My administration intends to advocate for human rights in other international settings as well. In our relations with other countries, the issue ofhuman rights will be raised as clearly, persistently and effectively as possible.Among other things, we will promote respect for the rights of minorities and women, the equal administration of justice, and the freedom for people to liveas they choose.

Our commitment to human rights is an essential element of American foreign policy and one of our best national security assets. Through it, we will help to shut down torture chambers, replace tyranny with good governance, and enlist free nations in the common cause of liberty."

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FINAL RESOLUTIONS OF 7TH EUTCC

European Parliament, Brussels 17th & 18 November 2010

The Final Resolutions reflected the change in the activities of the EUTCC. The next step for the EUTCC will be to meet as a matter of urgency and to discuss the lessons of the conference and to plan strategy and tactics for implementing resolutions and future work.

"Proposals for a negotiated settlement to the conflict: The Conference urged Turkey to institute a democratic participation process for all political parties and civil society organisation, beginning with the release of Mr. Abdullah Öcalan and the recognition of the PKK as a non-terrorist group;

The Conference urges the EU and the United States to remove the PKK from their proscription lists. We encourage the current reported discussions between the representatives of the Turkish state and Mr. Abdullah Öcalan and call on Turkey to go further still, by putting in place a process to establish the truth about the past.

A truth and reconciliation commission should be established.

The Turkish government was encouraged to invite 'The Elders' to mediate a negotiated settlement.

The Conference further asserted that more must and can be done by all sides and called for measures to be adopted for the creation of a climate of peace.

The Visit of Ms Leyla Zana to South Africa

 Ms Leyla Zana was invited by the Kurdish Human Rights Action Group (KHRAG), the Desmond Tutu Peace Centre (DTPC) and the South African Communist Party (SACP) to visit South Africa. She visited South Africa from 16 to 20 November 2009. During that period she had a meeting with Emeritus Archbishop Desmond Tutu and other prominent South African politicians and activists. She also addressed non-governmental organisations and human right groups. The purpose of her visit was gain support for the peaceful resolution of the Kurdish Question in Turkey through talks and dialogue. Leyla Zana is one of the prominent leaders of the Kurdish people. She was the first Kurdish woman to win a seat in the Turkish parliament in 1991. She created a stir when she accepted her Parliamentary oath in Kurdish. It was forbidden to speak Kurdish in public.

In 1994 she was arrested and charged with treason and membership of the Kurdistan Workers Party (PKK). The treason charges were dropped. She denied membership of PKK but the prosecution relied on witness statements allegedly obtained under torture. She was convicted and sentenced to 15 years imprisonment. At the sentencing stage she protested her innocence and said: “This is conspiracy. What I am defending is perfectly clear. I refute any of these accusations. And if they were true, I’d assume responsibility for them, even if it costs me my life. I have defended democracy, human rights and brotherhood between people, including that between the Turkish and Kurdish people.  And I will continue doing so for as long as I live.”  

 While in prison Leyla Zana wrote a book titled Writings from Prison in which she describes her experiences in her fight for the basic human rights and freedoms of the Kurdish people. Amnesty International recognised her as a prisoner of conscience.  In 1994 she was awarded the Rafto Peace Prize and in 1995 she was awarded the Sakharov Peace Prize by the European Parliament. She was also nominated for the Nobel Peace Prize in 1995 and 1998. In April 2008 she was sentenced to 2 years imprisonment for allegedly “spreading terrorist propaganda” by claiming that the Kurds have three leaders. They are Massoud Barzani, the president of Kurdish federal region in Iraq, Celal Talabani, the ethnic Kurdish president of Iraq and Abdullah Ocalan, the imprisoned Kurdish leader of PKK in Turkey.

In December 2008 Leyla Zana was sentenced to another 10 years imprisonment by the Turkish court for violating the Turkish penal code and the Turkish anti-terror law in nine different speeches. Leyla Zana released a statement following her sentence and stated: "The case against me is a violation against freedom of thought and represents a threat to every Kurd in Turkey. The decision of the court is just another way to repress, silence and punish the Kurds. The mentality governing the country is that problems can be resolved by anti-democratic and repressive means and that unfair trial can provide political and social peace. But despite all this, our people will claim their legitimate rights and will continue to struggle for this as long as it takes," On 28 July 2009 She was sentenced to a further 15 months imprisonment by the 4th Diyarbakir High Criminal Court for making a speech at the University of London. 

The rights of people, whether the right to self- determination, the right to genuine democracy and not sham or imposed democracy, fundamental and basic human rights and freedoms, which includes freedom of expression, association and movement, cannot be trampled on and violated under the guise of anti-terror law. The struggle for the rights of people must be respected, encouraged and promoted and not criminalised. Leyla Zana is a freedom fighter and not a terrorist or a criminal. Contemptuous disregard for the rule of law, torture in foreign jurisdictions, extra judicial executions, illegal abductions and the illegal killings of civilians, have no moral foundation and smacks of the rule of the jungle. Its perpetrators must be brought to book in order to eradicate such scourge from the civilised world. 

INVESTIGATIONS AND REPORTS BY THE INTERNATIONAL DELEGATION OF HUMAN RIGHTS' LAWYERS

In January 2005 a Delegation of International Human Rights’ Lawyers (the Delegation) were mandated by International Human Rights Organisations, including KHRAG to investigate and report on the Kurdish question in Turkey and the >conditions of imprisonment of Abdullah Ocalan.

To download Full Report click HERE

THE SECOND REPORT

The Second Report follows a visit by one of the members of the delegation, Justice Essa Moosa, (the "Delegate") to Turkey during the period 4th to 11th April 2009. This visit coincided with the visit of the President of the United States of America, Barack Obama, to Turkey. The mandate of the Delegate was to determine whether the Kurdish Question has been adequately addressed by the Turkish Government and whether there has been any improvement in the Human Rights situation of the Kurdish people and in the conditions of imprisonment of Mr. Abdullah Ocalan, who is the sole inmate on the island prison of Imrali, off the coast of Turkey.

To download Full Report click HERE