EXTERNALAI Index: EUR 44/102/95

29 September 1995

Further information on EXTRA 107/95 (EUR 44/96/95, 18 September 1995) - Fear of "disappearance"/ Fear of torture

TURKEYŞerif Yılmaz, aged 15

Şamil Yılmaz, his brother, aged 35

According to information provided by the Emergency Region Governor in Diyarbakır, Şerif and Şamil Yılmaz are both in detention in Bitlis. On 25 September 1995 the Bitlis Provincial Gendarmerie Headquarters acknowledged that both are being held there. This means that Şerif Yılmaz, a 15-year-old, has by now been held by the gendarmerie in incommunicado detention for nearly a month without access to his parents or a lawyer. This is in breach of Statute 2253 of Turkish law which requires that minors are questioned by the prosecutor only and that their next of kin are promptly informed of their whereabouts.

The information was obtained with the help of the Human Rights Ministry in Ankara which made inquiries with the relevant authorities and received a positive reply.

FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/ airmail letters in English or in your own language:

- expressing concern that Şerif Yılmaz, a 15-year-old, has been held incommunicado in unacknowledged detention for nearly a month at the Bitlis Provincial Gendarmerie Headquarters, in breach of Statute 2253;

- urging that those responsible for this breach of the law are held responsible;

- seeking information about the state of health of both brothers, Şerif and Şamil Yılmaz, and the charges brought against them.

APPEALS TO:

1. Minister of the Interior:

Mr Nahit Menteşe

Içisleri Bakanlığı

Ankara, Turkey

Telegrams: Interior Minister, Ankara, Turkey

Faxes: +90 312 418 1066; 418 1795

Salutation: Dear Minister

2. Bitlis State Prosecutor:

Cumhuriyet Başsavcısı

Hükümet Konaĝı

Bitlis, Turkey

Telegrams: Cumhuriyet Savcisi, Bitlis, Turkey

Salutation: Dear Sir

3. Gendarmerie General Commander:

General Aydın İlter

Jandarma Genel Komutanı

Kara Kuvvetleri Komutanlığı

Bakanlıklar

06100 Ankara, Turkey

Faxes: +90 312 418 0476

Telegrams: Jandarma Genel Komutanı, Bakanlıklar, Ankara, Turkey

Salutation: Dear General

COPIES TO:

President of the Parliamentary Human Rights Commission:

Mr Sabri Yavuz

İnsan Hakları Araştırma Komisyonu Başkanı

TBMM

Ankara, Turkey

Faxes: +90 312 420 5394

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 27 October 1995.