EUR 44/018/2007 -19 October 2007
Ihsan Tekes, an alleged member of the armed separatist group, the Kurdistan Workers Party (PKK), was reportedly detained by the Turkish Army on 19 September. It is not known where he is being held and he may be at risk of torture or other ill-treatment.
Satellite television channel Roj TV initially reported on 27 September that Ihsan Tekes had died during a military operation against the PKK on Kato Mountain, in the district of Beyt¸ssebap in southeastern Turkey. Ihsan Tekes’ mother Remziye went to Beyt¸ssebap State Prosecutor’s Office to identify her son but found that his body was not among the corpses.
On 9 October, further media reports stated that Ihsan Tekes had in fact been captured by the Turkish army. The website of the Head of the Turkish Armed Forces also stated that on 19 September one militant had been captured during the course of operations.
A village guard (village guards are a militia funded by the state to fight the PKK), who stated that he had participated in the operation, confirmed to Remziye Tekes that her son had indeed been captured alive by the armed forces during the operation.
Despite making written applications to the Diyarbakir and Beyt¸ssebap branches of the State Prosecutor’s office, Remziye Tekes has not received any information on the detention of her son. According to Turkish detention regulations, families must be informed promptly when an individual is taken into custody. The fact that he appears to have been disappeared puts him at greater risk of torture, or other ill-treatment, or extra judicial execution.
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 Turkish Criminal Procedure Code, which came into force on 1 June 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 the detained person is suspected of terrorist offences, the detention period is 48 hours. 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 Turkish, or your own language :
expressing concern that Ihsan Tekes is reported to have been detained by the Turkish army on 19 September, but that there has been no official confirmation of his fate or whereabouts ;
calling on the authorities immediately to inform the family of Ihsan Tekes of the place of his detention
urging the authorities to investigate the circumstances of his apparent enforced disappearance, including the failure to notify his family, in violation of the Turkish Criminal Procedure Code ;
calling for Ihsan Tekes to be charged with a recognizably criminal offence or released immediately ;
calling for assurances that he is not subjected to torture or other ill-treatment, and urging that he be given immediate access to a lawyer, relatives and any medical treatment he may require.
APPEALS TO : Sirnak Governor Mr Selahattin Apari Sirnak Valiligi Merkez Sirnak 73100, Turkey Fax : + 90 486 216 11 88 Email : bilgi sirnak.gov.tr Salutation : Dear Governor
Minister of the Interior Mr Besir Atalay Ministry of Interior IÁisleri Bakanligi 06644 Ankara, Turkey Fax : + 90 312 418 17 95 Email : besir.atalay icisleri.gov.tr Salutation : Dear Minister
COPIES TO : Foreign Minister Mr Ali Babacan Minister of Foreign Affairs, Ministry of Foreign Affairs Disisleri Bakanligi, 06100 Ankara, Turkey Fax : + 90 312 287 8811
Ambassade de la République de Turquie Rue Montoyer 4 1000 Bruxelles Fax : 02.514.07.48 Email : info turkey.be
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 30 November 2007.
