20/04/05:Turkey-Possible "disappearance"/ fear of torture or ill-treatment

Abdulkadir Bartan (m), alleged member of Kurdistan Workers'
Party (PKK) was reportedly detained by the Turkish army on 15 April,
during a military operation against the armed group the Kurdistan Worker's
Party (the PKK). It is not known where he is being held and he may be at
risk of torture or "disappearance".

On 19 April, the family of Abdulkadir Bartan informed the Diyarbakir branch
of the Insan Haklari Dernegi (IHD), Human Rights Association, that they had been approached by members of the village guard militia (villagers armed and paid by the state to fight the PKK). The village guards had told the family that they had participated in operations with the Turkish army
against the PKK on 15 April in the Besta district of Sirnak province, close
to the border with Iraq. They claimed that Abdulkadir Bartan had been
captured by the army.

Statements by the Turkish military and the Governor of Sirnak confirm that
there have been military operations against the PKK in the area, and that
some 21 members of the PKK had been killed during clashes. Three members of the Turkish army and a village guard are also reported to have been killed.

Contrary to Turkish detention regulations, Abdulkadir Bartan has apparently
not been registered as being in detention, nor has his family been
officially notified that he is in custody. This puts him at greater risk of
torture, ill-treatment or even "disappearance". A lawyer acting on behalf
of Abdulkadir Bartan's family has applied to the local State Prosecutor's
office for information as to his whereabouts but has not yet received any
reply.

BACKGROUND INFORMATION
In June 2004, the PKK announced that it was ending its unilateral ceasefire
which had lasted since 1999. Since then, there have been regular reports of
clashes between members of the PKK and Turkish military and security forces in the southeast of the country.

According to the new Turkish Criminal Procedure Code (CMUK) which came into force on 1 April 2005, detainees must be registered promptly and their
families notified that they are in custody. According to the law, the
length of police or gendarmerie detention may not exceed more than 24 hours from the time that they were detained. Where crimes have been perpetrated by several people, this period may be extended by 24 hours on the written order of the prosecutor up to a maximum of three days. In addition, detainees have the right of access to a lawyer. However, Amnesty
International has received several reports of security forces ignoring the
detention regulations and violating the rights of detainees.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible,
in English or your own language:
- expressing concern for the safety of Abdulkadir Bartan, who was
reportedly detained on 15 April;
- urging that immediate steps be taken to establish his whereabouts, and
that the results should be made public without delay;
- urging that if he is in custody, he be granted immediate access to legal
counsel, his family and any medical attention he may require;
- reminding the government of Turkey of its obligations under Article 3 of
the European Convention of Human Rights, to which Turkey is a state party,
which states: "No one shall be subjected to torture or to inhuman or
degrading treatment or punishment."


APPEALS TO:
Minister of the Interior
Mr Abdulkadir Aksu
Ministry of Interior
Içisleri Bakanligi
06644 Ankara, Turkey
Fax: + 90 312 418 17 95
Email: aaksu@icisleri.gov.tr
Salutation: Dear Minister

Governor of Sirnak
Mr Osman Günes
Valiligi
73100 Sirnak, Turkey
Fax: + 90 486 216 11 88
Email: bilgi@sirnak.gov.tr
Salutation: Dear Governor

COPIES TO:
Foreign Minister and State Minister for Human Rights
Mr Abdullah Gül,
Office of the Prime Minister,
Basbakanlik,
06573 Ankara, Turkey
Fax: + 90 312 287 8811


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 1 June 2005.

AI Index: EUR 44/017/2005
20 April 2005


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