Document - Turkey: Risk of torture - Hasan Kaya
PUBLICAI Index: EUR 44/021/2001
UA 89/01Risk of torture9 April 2001
TURKEYHasan Kaya (33)
Kurdish refugee Hasan Kaya was deported to Istanbul from Romania on 6 April, and is now in custody at the Anti-Terror Branch of Istanbul Police Headquarters. He has not been allowed to see a lawyer, and he is at grave risk of torture.
Turkish media have described Hasan Kaya as the Romania or Balkans representative of the armed opposition group Kurdistan Workers’ Party (PKK). Another alleged leading PKK member, Cevat Soysal, was apprehended in Moldova and flown to Turkey in July 1999. He was held incommunicado for 11 days, and said that he was severely tortured.
Hasan Kaya was detained by Romanian police in Bucharest on 5 April, at a restaurant where he was reportedly waiting for his lawyer. He was apparently deported the following afternoon.
Hasan Kaya had been living in Romania since 1993. He is reportedly married to a Romanian woman, with whom he has a young child. He had reportedly applied for asylum, but been rejected.
Under Turkish law, people suspected of offences that fall under the jurisdiction of the State Security Courts can be held in police custody without access to family, friends or legal counsel for up to four days. They then have the right - often denied - to see a lawyer, and may then be held for a further three days.
With no access to the outside world, detainees are at the mercy of their interrogators. Torture is regularly used to extract confessions, to elicit information about illegal organizations, to intimidate detainees into becoming police informers, or as unofficial punishment for presumed support of illegal organizations. Torture methods include severe beatings, being stripped naked and blindfolded, hosing with pressurized ice-cold water, suspension by the arms or wrists bound behind the victim's back, electric shocks, beating the soles of the feet, death threats and sexual assault.
RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/airmail letters in English or your own language:
- expressing concern for the safety of Hasan Kaya, who is in custody at Istanbul Police Headquarters;
- urging the authorities to guarantee that he will not be tortured or ill-
- asking the authorities to allow him immediate access to lawyers, his family and any medical attention he needs;
- asking to be informed of any charges that may be brought against him;
- reminding the Turkish government of its obligations under Article 3 of the European Convention on Human Rights, which states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Minister of Interior
Mr Saadettin Tantan
06644 Ankara, Turkey
Telegrams:Interior Minister, Ankara, Turkey
Faxes:+ 90 312 418 17 95
Istanbul Chief of Police
Istanbul Emniyet Müdürü
Istanbul Emniyet Müdürlüĝü
Vatan Caddesi, Istanbul, Turkey
Telegrams:Istanbul Emniyet Müdürü, Istanbul, Turkey
Salutation:Dear Chief of Police
State Minister with responsibility for Human Rights
Mr Rüştü Kazım Yücelen
Office of the Prime Minister
Faxes:+ 90 312 417 0476
and to diplomatic representatives of Turkey accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 21 May 2001.