PUBLIC AI Index: EUR 44/085/2001
20 November 2001
Further information on UA 280/01 (EUR 44/079/2001, 5 November 2001) - Risk
of "disappearance", fear of torture and ill-treatment
TURKEY Emrullah Karagöz, (m) student, aged 23
Mustafa Yaar, (m) welder, aged 29
New names: Remziye Da (f) housewife, aged 51
Hatip Alay, (m) tradesman, aged 41
Fehmi Ak, (m) crane-operator, aged 26
The five people named above are in incommunicado detention in Diyarbakr,
southeast Turkey. They are being held by gendarmes (army members with police
responsibilities in rural areas) and are risk of torture and ill-treatment.
Emrullah Karagöz and Mustafa Yaar are both members of the legal pro-Kurdish
political party HADEP. Both men were charged with “aiding and abetting an
illegal organisation”. They have been in gendarmerie detention since 1 November
despite a judge ordering that they be remanded to prison. On 10 November,
the State Security Court in Diyarbakr extended their detention for ten days.
When their lawyers attempted to visit them at gendarmerie headquarters on 14
November, they were told that the men were not there.
Hatip Alay, Remziye Da and Fehmi Ak were arrested between 10 and 13 November
and are all being held in gendarmerie detention, despite orders by the State
Security Court that they should be remanded to Diyarbakr Prison.
Hatip Alay was reportedly detained by plain-clothes police officers during
a raid on his house in Mazda, Mardin province on 10 November. The following
day, the State Security Court remanded him to Diyarbakr prison but he was
instead returned to gendarmerie detention.
Remziye Da was apparently detained at a check-point in Ergani, Diyarbakr
province, on 11 November. She was allegedly taken to her house at 9.00 pm
on 14 November by security officials so that she could change her clothes,
which were said to be in tatters and stained with blood. The next day the
State Security Court remanded her to Diyarbakr prison but she too was returned
to gendarmerie detention.
Fehmi Ak was reportedly detained by plain-clothes security officers in the
course of a raid on his house in Bingöl province on 13 November. On 16 November
the State Security Court remanded him to Diyarbakr prison but he was instead
returned to gendarmerie detention.
Diyarbakr, southeast Turkey is currently under a State of Emergency. As such,
Article 3/c of Legal Decree Number 430 grants the State Prosecutor- following
a proposal from the Governor of the Region under State of Emergency - permission
to ask a judge to return a person already in remand or imprisoned to police
or gendarmerie custody for up to ten days. This is applicable in cases related
to crimes that caused the declaration of State of Emergency. All the detainees
have been returned to gendarmerie detention under this decree. Amnesty
International has received numerous reports of such prisoners being exposed
to torture and ill-treatment during this period.
Whereas torture is rarely reported from prisons, in police and gendarmerie
stations, torture appears to be regularly used to extract confessions, elicit
information about illegal organizations, intimidate detainees into becoming
police informers or as unofficial punishment for presumed support of illegal