UA 221/93 - Turkey: prisoner of conscience / degrading treatment: Huseyin Kuskaya, Cem Ozipek, Onur Sarvaut, and 28 conference delegates from abroad
The first Congress of Homosexual Solidarity was to be held in Istanbul during the weekend 2-6 July 1993, but was reportedly banned at the last minute by the Governor of Istanbul, despite initial permission from the Interior Ministry. On 3 July delegates decided to hold a press conference in protest at the ban. The three gay rights activists named above were detained before the press conference, and the other delegates were detained either on their way to it, or at their hotel. In custody police attempted to force the foreign delegates to submit to strip searches and blood tests, before eventually deporting them to Germany. Two of the Turkish activists, Huseyin Kuskaya and Onur Sarvaut have now been released, but Cem Ozipek continues to be held in police custody
EXTERNAL (for general distribution) AI Index: EUR 44/65/93
Distr: UA/SC
UA 221/93 Prisoner of Conscience/Degrading Treatment 8 July 1993
TURKEY: Hüseyin Kuskaya
Cem Özipek
Onur Sarvaut
and 28 conference delegates from abroad
Amnesty International is concerned about the arbitrary detention of gay rights
activists Hüseyin Kuskaya, Cem Özipek and Onur Sarvaut as well as 28 supporters
of homosexual rights from abroad. Amnesty International believes that they
were detained solely by reason of their advocacy of homosexual equality and
their real or presumed sexual orientation. The organization is also concerned
about the humiliating and degrading treatment which some of the above mentioned
individuals faced while in detention.
There is concern about the legal situation and treatment of the three Turkish
activists. Though Hüseyin Kuskaya and Onur Sarvaut have now been released,
Cem Özipek continues to be held in police custody.
Amnesty International is concerned that these detentions represent a serious
deterioration of the human rights situation of homosexuals in Turkey and those
seeking to stand up for their rights. As such there is need for rapid action
to bring international concern to the attention of the Turkish authorities
over the situation of the three Turkish citizens initially detained and the
future treatment of people who advocate respect for the rights of homosexuals
in Turkey.
The first Congress of Homosexual Solidarity was to be held in Istanbul during
the weekend of 2-6 July 1993. However, after initial permission from the Interior
Ministry, the congress was reportedly banned at the last minute by the Governor
of Istanbul on the grounds that it would be contrary to the "traditions and
moral values" of Turkish society and that it might disturb the peace. On 3
July delegates who were planning to attend the conference decided to hold a
press conference in protest at the ban. The three people named above were
detained before the press conference, while the majority of the foreign
delegates were detained on their way to the press conference; the remaining
delegates were detained at their hotel.
The Turkish detainees were Hüseyin Kuskaya, chair of the organising committee
of the conference, Cem Özipek and Onur Sarvaut. No details are available on
their treatment in custody.
Police initially took the foreign detainees to a local police station and said
they would be strip searched. When they protested this was not carried out.
They were then held in a police bus for most of the day, until other delegates
had been brought from their hotel. They were then taken to Istanbul airport
to be deported that same evening. However, en route to the airport, the police
bus turned off the airport road and took the prisoners to a local hospital;
the delegates were told they had to submit to a blood test for the HIV virus.
They refused to permit blood to be taken and the authorities ultimately withdrew
their demand. They were then deported to Germany.
The sole motivation of the attempts to force the detainees to submit to strip
searches and blood tests appears to have been to punish and humiliate them
for their actual or presumed sexual orientation. There was no apparent security
or medical rationale for either measure: the delegates were in
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police custody and already en route to the Istanbul airport. Amnesty
International considers these measures to be deliberately degrading treatment
intended to punish and intimidate the detainees.
BACKGROUND INFORMATION
Although homosexuality is not proscribed by Turkish law, gay rights activists
have been subjected to harassment, intimidation and ill-treatment. In recent
years homosexuals and transvestites, in particular in Istanbul, have begun
to address these problems publicly. Some have spoken nationally and
internationally on behalf of those marginalized in Turkish society.
RECOMMENDED ACTION: Please send telegrams/faxes/express and airmail letters
either in English or in your own language:
- expressing concern that the detainees were prisoners of conscience, detained
solely for advocating homosexual equality and because of their real or imputed
sexual orientation;
- requesting to be informed of any charges brought against Hüseyin Kuskaya,
Cem Özipek and Onur Sarvaut;
- requesting assurances that they will not be subjected to rearrest because
of their exercise of the rights to freedom of expression and association as
safeguarded in Articles 10 & 11 of the European Convention on Human Rights
to which Turkey is a state party;
- urging the government to take steps to halt degrading treatment and arbitrary
arrests solely because of a person's sexual orientation or advocacy of
homosexual equality.
APPEALS TO
1) Minister of the Interior:
Mr Mehmet Gazio_lu
_çi_leri Bakanl___
06644 Ankara, Turkey
Telegrams: Interior Minister, Ankara, Turkey
Faxes: +90 4 418 1795
Salutation: Dear Minister
2) Minister of Foreign Affairs:
Mr Hikmet Çetin
Ministry of Foreign Affairs
D__i_leri Bakanl___
06100 Ankara, Turkey
Telegrams: Foreign Minister, Ankara, Turkey
Faxes: +90 4 287 3869
Salutation: Dear Minister
COPIES OF YOUR APPEALS TO:
diplomatic representatives of Turkey accredited to your country
and to ILGA [an organization working for homosexual equality]
81, rue du Marché-au-charbon
B-1000 Brussels, Belgium
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 19 August 1993.