-Caveat Lector- ----Original Message Follows---- From: [EMAIL PROTECTED] (Rich Winkel) To: undisclosed-recipients:; Subject: RIGHTS-TURKEY: Prisoners Released, Conscience Still Locked Date: Tue, 21 Sep 1999 23:17:28 -0500 (CDT) /** ips.english: 474.0 **/ ** Topic: RIGHTS-TURKEY: Prisoners Released, Conscience Still Locked ** ** Written 9:06 PM Sep 20, 1999 by newsdesk in cdp:ips.english ** Copyright 1999 InterPress Service, all rights reserved. Worldwide distribution via the APC networks. *** 20-Sep-99 *** Title: RIGHTS-TURKEY: Prisoners Released, Conscience Still Locked By Ertugrul Kurkcu ISTANBUL, Sep 20 (IPS) - In leaving the jail where he spent the last six years for 'press crimes,' 59 year-old sociologist Ismail Besikci showed last week no thankfulness to the Turkish parliament that 'pardoned' him - ''I have been released, yet I'm not free,'' he said. Besikci is one of the first dissidents to benefit from a Turkish Parliament's decision ordering the release of journalists and writers convicted for their work. The bill was ratified by president Suleyman Demirel more than two weeks ago. Cheered by Turkish and Kurdish admirers who gathered in front of the northwestern Bursa province prison, Besicki left with a van-load of books, court files and documents, towards his home in Ankara, which he had last seen in November 1993. He will have to watch his words, though, because the amnesty is half-hearted. All those 'pardoned' are legally bound not to commit the same 'offence' in the next three years or else go back to prison and serve the rest of their sentences. The exact number of journalists and writers to be released is yet uncertain. The government says 32 convicted journalists will be freed in the following weeks, but the process seems has been slowed-down by bureaucratic hurdles. The law excludes those sentenced for delivering speeches. Thus, human rights activist Akin Birdal and lawyer Esber Yagmurdereli will remain serving their nine-month jail terms for demanding peace between the Turkish state and Kurdish rebels. ''This is a sin committed against freedom of conscience,'' says Besikci, who was sentenced to 79 years and a 20,000 US dollars fine. for 52 offenses, all related to his writings. He is still awaiting trial for another 55 accusations. ''Lawmakers expect us to suspend our consciousness for three years in order to be fully free. You are released but your conscience is still under arrest. What a pity,'' he said. ''This is cosmetics,'' says Osman Ergin deputy chair of the Istanbul Bar Association. ' '' With this amnesty, the Turkish government just expects to have a broader margin in the forthcoming negotiations with the European Union and the United States, who have been critical of Turkey's poor human rights records and restrictions on freedom of expression,'' he said. ''Adding insult to injury, the amnesty is being slowed down by local officials'' - Ergin says . ''Local prosecutors are the least willing to enforce the law. They transfer the files out of their jurisdiction.'' Cartoonist Dogan Guzel was one of those whose release was delayed by bureaucratic manoeuvres until Saturday, 18 september. Sentenced to 50 months for five separate cases under charges of ''diminishing the spiritual identity of the State'', Guzel watched for two weeks how his file was being moved from the district prosecutor's office to his superiors' and back. ''According to the Turkish law, holding a person even for one extra minute is a serious crime, yet I have been staying here for two extra weeks,'' he angrily said in a telephone interview. ''The prosecutors themselves are committing crimes,'' deputy bar chair Ergin claims. ''This can not be explained with ordinary bureaucratic sluggishness.'' ''This is the eighth time that I have been released from prison,'' Besicki recalled - ''not counting another four times I had been under police custody. Yet, none led me to proper freedom.'' He was last imprisoned under charges of separatism for an article titled ''The Meaning of Kurdish Women's Participation in the Guerrilla War.'' As his trial proceeded, his was further sentenced for other articles. Author of 36 books and numerous articles on the taboo issue of the Kurdistan, Ismail Besikci has been harassed from the very start of his academic career. He was first sentenced to a 13-year term by a military court in 1971 - under martial-law regulations - for a book ('The Order in East Anatolia'), an article ('The Origins of Underdevelopment') and for several lectures at Erzurum University, where he was teaching sociology. Released three years later, Besikci was stripped from his teaching post and expelled from the university. A later work - 'The Official Turkish Doctrine of History and The Kurdish Question' - once again led him to jail in 1979. He has spent a total of 18 years in prison, paying for almost every line he has published. Known among Kurds as the 'Blond Scholar' Besicki is an ethnic Turk from the Central Anatolian town of Corum, who devoted most of his life and work to researching the Kurdish issue. He claims to have only a scientific interest in the matter. ''In sociological terms, the Kurdish issue is (officially) dealt with by disregarding the most basic elements of scientific methodology and resorting to the crudest falsifications. What I do is fight against such falsification and ethnic bias in sociology,'' he adds. Ankara University professor Sevda Alankus welcomed Besikci's release with excitement. ''We might like his conclusions or not. But we should pay the greatest respect for a scholar who in spite of unbelievable pressure has never stepped back from pursuing his thoughts,'' she told IPS. Meanwhile, as a few inmates queue for release out of prisons, many others are queuing in the opposite direction as the parliamentary pardon does not cover ''offenses'' committed after 23 April, 1999. One of them is IPS Istanbul correspondent Nadire Mater, who was indicted last week for her 'Mehmed's Book', a series of interviews with Turkish former soldiers who fought in the southeast against the Kurdish Workers party's (PKK) guerrillas. Mater was charged with ''diminishing the Turkish military,'' for publishing the former soldiers' feelings and thoughts. She now faces a six-year prison sentence. According to specialised lawyers, 34 journalists from the pro Kurdish daily ''Ozgur Bakis'' are currently being investigated or prosecuted by State Security courts. The Turkish government has based the bill's ambiguities and limitations in the legislation on a Constitutional article that prevents the Parliament from amnestying ''offenses against the state''. ''The time is not ripe for a thorough amendment of the Constitution for this requires a two-third majority vote in Parliament,'' prime minister Bulent Ecevit said. However, Chief Justice Sami Selcuk, in his startling opening address of the juridical year last week questioned the Constitution itself. A ''Constitution adopted under military pressure is illegitimate in at least its formal aspect,'' he said. ''Turkey can not and must not head towards the 21st century as a country of a people oppressed and silenced by law. Turkey should once and for all annul the concept of 'crime of conscience','' the judge said (END/IPS/eu mm Origin: Rome/RIGHTS-TURKEY/ ---- [c] 1999, InterPress Third World News Agency (IPS) All rights reserved May not be reproduced, reprinted or posted to any system or service outside of the APC networks, without specific permission from IPS. This limitation includes distribution via Usenet News, bulletin board systems, mailing lists, print media and broadcast. For information about cross- posting, send a message to <[EMAIL PROTECTED]>. 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