EUROPE and The C.I.S.€¦ · Page 149 EUROPE AND THE C.I.S. - WORLD-WIDE HARASSMENT AND REPRESSION...

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EUROPE AND THE C.I.S. - WORLD-WIDE HARASSMENT AND REPRESSION

EUROPEand

The C.I.S.


Croatia

1 See urgent appeal HRV 001/0101/OBS 003

Assault of a lawyer 1

The Observatory was informed that Mr. SrdJaksic, a lawyer whose legal help to victimsduring the war is recognised both nationally andinternationally, was assaulted on 30 December2000 in Dubrovnik.On the street, three masked men shot Mr. Jaksicfour times, causing serious injuries to his stomachand arm.His wife and eight year-old daughter were alsoassaulted for twenty minutes in a car near a busstation by an unknown individual on

31 December 2000. They were abused andthreatened, and since then, the child remainsdeeply shocked. During this assault, Mrs. Jaksiccalled for the police, but in vain.The police opened an inquiry, but has seemedunwilling to investigate. The bullets that wereextracted during the surgical operationperformed on Mr. Jaksic have been kept in thehospital, and the police superintendent,Mr. Cengija, has been talking about the case interms that greatly diminish the seriousness of theassault.


Greece

1 The Greek authorities were approached concerningthis case

Harassment 1

The Greek Helsinki Monitor (GHM) and theMinority Rights Group reported the harassmentof Mrs. Aysel Zeybek, member of both organi-sations, on 8 December 1999 during a check atthe Greek-Turkish border. Mrs. Zeybek put inan official complaint on 15 December 1999, butthe Ombudsman, Mr. Yorgos Kaminis, informedher by a letter dated 9 June 2000 that his inquiryinto the matter had ceased in view of it not beingwithin his area of competence. He did recognise,however, that the National Information Servicemembers had committed the aggression and thattherefore, according to Law 2477/1997 thematter was to be referred to that institution.

Mrs. Zeybek had boarded a bus in Istanbul on8 December 1999, in order to return to Greece.When she arrived at the border, she was the onlyperson approached by an individual in civilianclothing who searched her luggage and handbagand interrogated her about the addresses in herpersonal agenda. These actions took place overa three-hour time frame in the absence of officialagents.When Mrs. Zybek questioned the man as to thereasons for this search he answered that, "GHMdid not represent her in these premises, and thatshe did not represent the organisation or anythingelse. We do what we want and we check everythinghere".


Georgia

1 See urgent appeal GEO 001/001/OBS 119

Attack against a NGO 1

On 11 November, at approximately 5 a.m., theregional office of the Independent Society"Human Rights in Georgia" (ISHRG) in Gori(Eastern Georgia) was attacked by a group of7 or 8 armed individuals who remainedunidentified. They forced open a steel door andthe grids, attacked the custodian, demolished awooden door inside the premises, and devastated

the office. Equipment was stolen (new PENTIUMIII computers, a printer, a gas heater and atelephone), and documents were removed.The Gori office started its activities in October2000. Like the Zugidi office, their intention is toestablish three other regional offices during thespring of the year 2000, and also to establish lo-cal human rights centres.


Kyrgyzstan

1 See urgent appeals from KGZ 001/0005/OBS 036 toKGZ 001/0005/OBS 036.09

Members of KCHR targetedby the authorities 1

Legal harassment against the KCHR

Mr. Eliseev, a former collaborator of theCommittee who was fired for non-authorisedabsences in December 1997, has filednumerous charges against the KyrgyzCommittee for Human Rights (KCHR),which resulted in the Committee having to paylarge sums of money.The first charge, which was filed by Eliseev in1998, was based on the fact that the KCHR wouldnot give him his work record, while the KCHRclaimed that this document was not in its pos-session. In March 1998, the KCHR wassentenced to pay 40,000 som (around 1,000US $) as financial compensation, a sum that wasduly paid.Another charge was pressed by Eliseev in anattempt to be reinstated in his job, and the courtdecided in his favour in March 2000. Eliseev wasaccepted back, but did not go to work between29 March and 3 April, which led to a newdismissal. He pressed charges again, and thecourt decided again in his favour, sentencing theKCHR to pay over $ 840 USD in June 2000.In addition, Eliseev pressed charges in April 2000for moral wrongdoing, in order to pay for themedical treatment that followed after the loss of

his job. The court did not recognise the chargeof moral wrong, but the KCHR still had to pay forthe medical treatment.

Legal proceedings againstMr. Mambetaipov

On 2 May 2000, Mr. Eleman Mambetaipov wasaccused of misappropriation of property underarticle 335 of the Republic of Kyrgyzstan penalcode, by the Bishkek administration.Mr. Mambetaipov, who is responsible for the ad-ministrative affairs of the KCHR, in particular forthe maintenance of goods, was forbidden to leaveBishkek.This charge is based on the difference betweentwo lists of goods that were established, within afew months of each other, by bailiffs when legalproceedings were started against the Committee.These goods belong to the KCHR office, whichwas rented from the Ministry of Agriculture, andwhich is used to gather individual complaints.This case had already been investigated by theassistant of the Pervomai Prosecutor and the Po-lice Department of Investigation (ROVD), whichconcluded it was a nonsuit. However, under pres-sure from Judge Cholpon Baekova, the case wasre-opened.Mr. Mambetaipov was sentenced on 14 July 2000to a one year suspended sentence by JudgeSydykov, from the Pervomai District Court ofBishkek. He cannot leave Bishkek, and has topresent himself to the Home Office at regularintervals, which further limits his freedom ofmovement.


2 The KCHR was denied legal existence betweenSeptember 1998 and August 1999. See theObservatory's Annual Report 1999

During the trial, the judge refused to examine theevidence presented by the defence, which showedthat no goods had disappeared, and notably thetestimony of Mamysh, who is responsible foreconomic and administrative issues within theMinistry of Agriculture, and certified that none ofthe items were missing.

Legal proceedings against Mr. Dyryldaev

A criminal case was opened on, 7 April 2000,against Mr. Ramazan Dyryldaev, Presidentof the KCHR, for non-compliance with a legalruling. He may be fined the equivalent of 200or 400 times the amount of the minimummonthly wage, and may be sentenced to up to2 years impris-onment. These proceedings area consequence of the charges pressed byMr. Eliseev against the KCHR in March 1999.The Committee, which had by then beenofficially dissolved

2 by the authorities, and

replaced by a fictional Committee directed byMr. Botaliev, was sentenced to pay him 30,000som. The re-instated KCHR refused to pay thisfine, as it was not the legal entity originallysentenced.Within the context of this case, the Committee -along with its President, family and collabor-ators - have been the victims of harassment onseveral occasions.Then, on 13 June 2000, bailiff Mr. Aidarov, fromthe district Court of Pervomai, examined his flatin order to make an inventory of his personalpossessions. On the same day, ROVD officers wentto the KCHR offices to obtain details of

Mr. Dyryldaev’s movements, and information onMr. Eliseev’s activities.On 20 July 2000, an arrest warrant was issuedagainst R. Dyryldaev, who had been abroad forseveral weeks. He had gone to Geneva,Switzerland, to attend the United Nations HumanRights Committee meeting on Kyrgyzstan.Mr. Dyryldaev decided not to return to hiscountry, and has since remained in exile inVienna from where he directs the Committee’sactivities.The same day, at around 5 p.m., about 20members of the police force, who had arrivedin 5 or 6 vehicles, surrounded the KCHR offi-ces on 123-87, Ivanitsin Street. Under the orderof Kojonaliev, a police investigator (ROVD), theyarrested Almaz Dyryldaev (RamazanDyryldaev’s son,) and spent 50 minutesattempting to make him open the office. As herefused, the police forces then sealed the officefrom the outside, locking in a member of theKCHR, Mrs. Gulhan Borubaeva. They thensubmitted A. Dyryldaev to an hour and a half-long interrogation, during which he wasallegedly hit. He was subsequently released, butremains under close surveillance.The seals that were put on the office were takenoff on 24 July 2000, and Mrs. Gulhan Borubaeva,who stayed inside for fear of being arrested, wasable to leave after four days without any food,and under close surveillance of the police andthe neighbourhood.The district Court of Pervomai seized all theaccounts of the KCHR in August 2000.Finally, on 28 August at 11:15 a.m., agents fromBishkek Court and Mr. Eliseev, went to the KCHRoffices, on 96 Kievskaya Street, and asked to seethe supplies. Despite the furniture they saw in theoffice, they recorded that it was empty.


3 See urgent appeal KGZ 003/0006/OBS 057 4 See urgent appeal KGZ 001/0011/0BS 036.09

In November, Dyryldaev’s lawyer, Mr. I. Karmardamet with investigation officer Mr. Kojonaliev, whois in charge of the investigation of Dyryldaev’scase. Kojonaliev noted that, irrespective of thealleged instruction from the Prosecutor Generalwhereby the criminal case against Mr. Dyryldaevwas to be suspended, he had not receivedsufficient instructions to drop the case completely.

Legal proceedings against Mr. Ibraimov3

On 19 June 2000, Mr. Moldosali Ibraimov, ajournalist and activist of the KCHR, was sentencedto two years of imprisonment and fined 100,000som (2,000 US $), by the Jalal-Abad city court.Mr. Ibraimov was sentenced for moral damagesunder article 127, paragraph 2 of the CriminalCode for writing an article entitled "Did the judgecommit a crime?" in the local newspaper Akyikat(Justice); in this article, he criticised the attitudeof the judge, Mr. Toktosun Kasymbekov, of Suzakin the Jalal-Abad region, for failing to conformwith the law and the right to a fair trial by rulingin favour of a candidate who had resorted toelectoral forgery during the last parliamentaryelections in March 2000.It should be noted that article 127, paragraph 2,only stipulates a fine for public defamation in themedia for an amount of 100 to 1000 times theminimum wage. The newspaper Akyikat wasalso fined 100,000 som (2,000 US $), forpublishing this article.Mr. Ibraimov was arrested in the court’s hall andhas been kept in the temporary detention unit ofthe Jalal-Abad Police.The district Court of Jalal-Abad, under pressurefrom the International Community, revoked its

verdict by diminishing the amount of the fine andby commuting the prison sentence to a suspendedsentence. Moldosali Ibraimov was released inSeptember 2000.

Persecutions of KCHR activists after thepresidential elections

4

In the wake of the presidential election resultson 29 October 2000 (declared fraudulent by anumber of organisations), human rightsdefenders, journalists and opposition leaders inKyrgyzstan continue to face persecution andharassment.

Against Mr. Tynaliev:On 3 November 2000, Mr. Tynaliev, co-ordinator for the KCHR for the Issyk Kul Region,handed over some materials (relating to the vio-lation of human rights on the day the presidentialelections in the Issyk-Kul Region) to anacquaintance of his. This acquaintance wassubsequently arrested on his way to the town ofBalykchy, searched, and deprived of all docu-ments given to him by Mr. Tynaliev. He was alsobrutally interrogated and threatened, and wasforced to testify against Mr. Tynaliev. Mr. Tynalievwas then forced to leave his office, and his phonewas disconnected by the authorities.Recently, on 27 January 2001, Mr. Tynaliev wasattacked by 5 men while on the road returningfrom the village of Chon-Sary-Oy where he hadparticipated in a meeting of the "Yntimak" co-operative. One of the men put a knife to his throatand threatened him, saying "we’ll cut off yourhead if you continue to poke your nose into ourbusiness". The aggressors stole a bag containing


5 See urgent appeal KGZ 002/0005/OBS 046

complaints, and KCHR information on arrests andhuman rights violations.

Against Mr. Korgoldoev:Mr. Korgoldoev, a KCHR co-ordinator for theJalal-Abad Region, has been falsely accused ofassault and insults by the Jalal-Abad region co-ordinator of the Coalition of Non-Commercial As-sociations (NCA), Gulnara Mamatbekova. The NCAis headed by Mrs. Umetalieva, and was created withthe direct involvement of Mr. Ibraimov, assistantto the President. It has been used as a political toolduring the presidential campaign, and hassubsequently worked to discredit independentjournalists, opposition observers and independentNGOs. The same false accusations were broughtagainst Beken Nazaraliev, Editor-in-Chief of Ordonewspaper, and Cholpon Ergesheva, militant ofthe NGO coalition for Democracy and Civil Society.Criminal proceedings were started againstMr. Korgoldoev, as well as against the activistsworking for the NGO for Democracy and CivilSociety. Mr. Korgoldoev learned, on 20 January,that an arrest warrant was put out against him onthe basis of article 234, part II of the penal code,for "hooliganism". Since he runs the risk of a 5-year prison sentence, Mr. Korgoldoev has decidedto take refuge abroad.

Against journalists:Mr. Leonid Rempel, a journalist of the EurasiaInternews was beaten by special forces, on3 November 2000 at around 8 p.m. in Bishkek.He was reporting cases of arrests and violationsof rights of voters and opposition candidates forthe parliament and presidency.

Mrs. Lira Baiseitova , Editor-in-Chief ofRespublica 2000 newspaper (Kazakhstan), wassubjected to a similar attack following the

publishing of an article on the violation of theKyrgyz Constitution by President Akaev ofKyrgyzstan.

Denial of registrationof the GCP 5

The Guild of Conscience Prisoners (GCP),set up in April 2000 and comprised of journalistsand political figures systematically harassed bythe authorities of Kyrgyzstan, has been deniedregistration.In April 2000, the necessary documents weresubmitted to the Ministry of Justice for registr-ation. The members include: T. Turgunaliev, lea-der of the Erkindik Party; Z. Sydykova, Editor-in-Chief of Respublica; Y. Omurzakov, editor of Tri-bune; J. Usupov, leader of the Ashar movement;and journalists M. Sivashova, A. Alyanchikov andT. Slascheva.On 4 May 2000, the Minister of Justice refused toregister the association. The decree (Ref. 617)was signed by Deputy Minister E. Mamyrov, andstates that the charter of the association did notcomply with the law on non-governmental orga-nisations. Further remarks were provided withregard to the charter. The GCP took these remarksinto account, and resubmitted its documents on20 May 2000.On 23 May 2000, the GCP received an order (Ref.1783) from the Minister of Justice that againrefused the registration. One reason, amongothers, stated for this refusal was that, "the asso-ciation is created to defend rights of politicalprisoners and dissidents, whereas, according tothe Kyrgyz Constitution, no one can be subjected


6 See urgent appeals KGZ 004/0009/OBS 100 ; KGZ005/0011/OBS 118 ; KGZ 005/0011/OBS 118.01 7 See urgent appeal KGZ 004/0009/OBS 100

to discrimination of rights and freedoms forpolitical reasons".

Harassment andproceedings againstMr. Gapirov 6

On 20 September, in Kyry-Suu city, 20 km fromOsh, human rights defenders from Osh and Jalal-Abad regions, who had met to discuss theproblems of terrorism in the South of the KyrgyzRepublic and neighbouring Uzbekistan, werearrested and detained at the local militiafacilities. They were all released shortlyafterwards.When Mr. Ravshan Gapirov, director of thelocal human rights group, protested againstthese arrests and demanded the release of allthose arrested, he was beaten by Mr. Koshoev,Deputy Head of the militia. Mr. Koshoev wrotea note saying that Mr. Gapirov had fallen downand hurt himself, and he forced activists,through threats, to sign the document.Furthermore, Mr. Gapirov was not provided withany medical assistance.Mr. Gapirov was arrested on 21 November 2000.He was first under detention in Kara-Suu ROVD(district police station), and then transferredto the detention centre of Osh.Mr. Gapirov is being charged with “hooliganism”(article 234, Criminal Code of Kyrgyz Republic)and violation of social order. His colleagues arecertain that the charges are unfounded becausethe director of the local human rights group hasa long history of conflict with local militia.

Mr. Gapirov’s trial began on January 26, 2001.He received an order not to leave the area. Hewas condemned to two years in prison onFebruary 28, 2001 by the Kara-Suu Court on thebasis of articles 234, 166 (fraud) and 353(impartiality) of the penal code. All the observerspresent confirmed the unfounded character ofthe accusations made against Mr. Gapirov.Mr. Gapirov is also active in cross-border rela-tions with Uzbekistan. Most recently, he led a lo-cal advocacy campaign to stop demolition of ahistorical bridge linking the two countries.Mr. Gapirov’s activity also focused on investigatinga corruption scandal connected to the privatisa-tion of the Kara-Suu Bazaar, one of the largestbazaars in the Ferghana Valley. He is also an ac-tive member of the Coalition of NGOs forDemocracy and Civil Society. During thepresidential elections, Mr. Gapirov served as along-term election observer and helped recruitand train more than twenty election day non-par-tisan observers. He has exposed numerous vio-lations committed by the authorities.

Legal proceedings againstthe NGO Coalition 7

A lawsuit against the Coalition of NGOs forDemocracy and Civil Society started on29 September 2000. The plaintiff is a member ofParliament, Mr. Alymbai Sultanov, who accusesthe Coalition of insulting him and demands a5 million-som (about 100,000 US $) compen-sation.


Federal Republic of Yugoslavia

1 See urgent appeals from YUG 002/0006/OBS 082to YUG 002/0006/OBS 082.052 Mrs. Brovina was among the human rights defendersabout whom the United Nations Human Rightssubcommittee asked the High Commissioner forHuman Rights to order an investigation (See Resolutionon "The violation of the rights of Human RightsDefenders" adopted by the United Nations HumanRights subcommittee - 25th session, 20 August 1999).

3 Two weeks after her liberation, the Observatoryorganised Mrs. Brovina’s visit to France and Brussels,during which she was able to converse with the highestrepresentatives of the French authorities and withrepresentatives of the European Commission, theEuropean Parliament and the European Union Council.4 See urgent appeal YUG 001/0003/OBS 019

Imprisonment andsentencing of FloraBrovina 1

Flora Brovina2, a Kosovar human rights

defender, President of the League of AlbanianWomen, paediatrician and poet, was arrested inPristina on 20 April 1999, taken to Serbia by theSerbian forces during their retreat from Kosovoin June, and detained in the Pozarevac prison.On 9 December 1999, at the end of an unfairtrial, she was sentenced to 12 years in prison for"association with intent to commit hostile activitieslinked to terrorism, performed during the stateof war".This accusation was based on a photograph whichshowed her standing next to a member of theUCK, and a statement she had signed soon afterher arrest indicating that the UCK was linked toher organisation, and that some of its femalemembers had made uniforms for soldiers.Flora Brovina denied those facts, indicating thatshe had signed the statement after hours of inter-rogation by the policemen. During her statement,Flora Brovina also stated that the clinic whereshe had worked was legally registered, and that

her activities had consisted of helping women andchildren refugees who had fled Pristina.On 21 January 2000, Mrs. Brovina’s lawyersappealed to the Supreme Court. Following thehearing of the appeal on 16 May, the SerbianSupreme Court cancelled the legal decisioncondemning Flora Brovina on 7 June, andreferred the case to the district Court of Nis. Itwas also recommended that she be released onbail.The hearing, which re-examined the FloraBrovina case and which was to be held on14 September 2000 at the district Court of Nis,was postponed until 12 October, in accordancewith the request of the defence.On 1 November 2000, Flora Brovina was finallypardoned by the newly elected President of theFederation

3.

During the period of her detention, Mrs. Brovinasuffered from heart problems, and was unableto follow the medical treatment that wasprescribed for her.

Assault of a lawyer 4

The Observatory was informed by theHumanitarian Law Centre (HLC) that Mr. Husnija


5 See urgent appeal YUG 002/0006/OBS 053 et YUG006/0008/OBS 086

Bitici, a lawyer who is particularly involved in thedefence of Albanian prisoners detained in Serbia,and his wife Sanije, were violently beaten by3 men in their apartment in Belgrade, on17 March 2000.On 17 March at 8:30a.m. strangers went to theBiticis’ home. Mrs. Bitici asked who was at thedoor, and was answered: "Your neighbour,Vlada". When she opened the door, a manattacked her in the hall, while two others attackedher husband.When the assailants left, Mrs. Bitici called for help,while her husband was tied to a radiator.Mr. Bitici, with serious injuries to his head andhis body, was hospitalised in the EmergencyMedical Centre three hours later. The doctorsdeclared that his condition was serious: althoughno vital part of his brain was affected, he had toundergo a graft on a part of his skull. His wifewas also admitted to hospital.The police started an investigation, which, to thisday, has yielded no results.

Harassment of the NGOs 5

In June 2000, members of the police went to theheadquarters of several NGOs in Belgrade, inorder to check their account books; this inspec-tion lasted several days, during which the humanrights defenders were also interrogated abouttheir activities.Thus, on 7 June 2000, members of the policeforces entered the offices of the Women in Blackorganisation. For six hours, they asked questionsabout the activities of the NGO, and member Stasa

Zajovic was interrogated about the local and in-ternational contacts of Women in Black.On 8 June 2000, they occupied the offices of theCentre for Anti-War Action, a member of theFIDH; investigations were carried out for five days,during which account books were examined, andthe members of the NGO were interrogated ontheir activities, as well as on the number andidentity of militants of the board.A few days before these events, the premises ofthe Forum for Ethnic Relations had beensearched by the police, while its President, DusanJanjic, was absent. The offices of the organisa-tion were sealed without official justification.The Helsinki Committee of Lawyers forHuman Rights in Serbia was also visited bythe police, who spent several days examining theirfinancial accounts.In August 2000, the Observatory was informedby the Association of Independent ElectronicMedia (ANEM) of a search by the financial po-lice, of its offices at the Belgrade Centre forCultural Decontamination.Inspectors removed two computers - "on atemporary basis" -five databases, eightvideocassettes, mail, and photocopied theagency’s address book under the pretext ofcollecting evidence. The search was conductedat a time when most of the Centre’s members wereon holiday, and when the only employee presentwas an electrical technician. The latter reportedthe unpleasant conduct of the police inspectorswho asked him about who the Centre worked for,and the pay scale of its employees.


6 See urgent appeal YUG 002/9912/OBS 0817 See urgent appeal YUG 003/0007/OBS 0668 See urgent appeal YUG 005/0008/OBS 077

Members of the HLCtargeted

Forced disappearance of Mr. Bokshi6

Mr. Bokshi, a representative of the Kosovar sec-tion of the Humanitarian Law Centre (HLC), wasarrested in Serbia on 3 December 1999 at 2 p.m.,on the motorway between Sremska Mitrovica andBelgrade, with two of his colleagues, MustafaRadoniqi and Ibish Hoti. The three Albanianlawyers from Kosovo were returning to Belgradeafter visiting their clients in the detention centreof Sremska Mitrovica.They were stopped by an official vehicle, a greyMercedes bearing Ministry of the Interior licenceplates. Three plain-clothes police officers got outof the vehicle and immediately seized the keys ofthe car belonging to the HLC. After asking forMr. Hoti’s identity papers and having given themback to him, they seized and kept Mr. Radoniqi’spapers and mobile phone.When Mr. Bokshi was asked to show his papers,he presented his lawyer card and explained thathe had left his identity papers in his hotel in Bel-grade. The policemen then asked him to go withthem to his hotel in order to see his papers. Theyordered the other two lawyers to stay in the car,of which they kept the keys. They were strandedon the motorway until 5p.m.Mr. Bokshi was then kidnapped. He was detainedunder extremely difficult conditions for 13 daysin a Belgrade apartment. His kidnappers woreno uniforms, but addressed each other as "com-mander, captain", etc.

Arrest of Mr. Olujic7

The Observatory was informed of the temporaryarrest, on 24 June 2000, of Mr. Igor Olujic,lawyer and member of HLC, and of his questioningabout the activities of the HLC.Mr. Olujic was arrested around 7 p.m. in thestreets of Leskovac, as he was about to meet themother of an imprisoned female militant fromOTPOR (Resistance), a student organisationcalling for political change and fighting againstPresident Milosevic’s regime since 1998.Mr. Olujic was accompanied by another OTPORmilitant when police agents checked their identitypapers. On the pretext that the documents wereirregular, they were taken to the police stationfor more thorough control.Although Igor Olujic gave the police officers do-cuments proving his profession, he was takenaway, then interrogated on the HLC financing andits activities.At the same time, the President of the Committeefor Human Rights in Leskovac, Dobrosav Nesic,and other militants of OTPOR were arrested onthe street. Cases were opened on each of them.

Temporary arrests8

The Observatory was informed of the temporaryarrest by police forces, on 2 August 2000, ofNatasa Kandic, Executive Director of theHumanitarian Law Centre, and of DuskaAnastijevic, an expert of the Centre, while ontheir way to a discussion forum entitled “HumanRights Campaign”, organised by VK Radio inKikinda (Serbia).


9 See urgent appeal YUG 007/0008/OBS 09010 See urgent appeals from YUG 004/0007/069 to YUG004/0007/ 069.03

The arrest happened at 6:45 p.m., as the twowomen were going through the checkpoint at theentrance of Kikinda. In their vehicle were alsoRasmila Dragicevic, a judge who was recentlydismissed, and Branko Ilic, an OTPOR militant.After checking their identities, the policeconfiscated the members’ identity papers, andattempted to take them to the Kikinda police sta-tion to interrogate them. Refusing to follow thepolice forces without knowing the reason for theirarrest, the four people were kept at thecheckpoint without any other explanation. Theywere released around 8p.m., after the arrival ofseveral people protesting their arrest, includingmembers of the Kikinda public authorities, andwere finally able to attend the forum.

N. Kandic under the threat of legalproceedings

9

Reacting to an article that was published in thenewspaper Danas in which Natasa Kandicreported the responsibility of Serbian military andpolice forces in the perpetration of crimes inKosovo during the NATO intervention, the militaryauthorities immediately threatened her with "legalprosecution" in a statement published on 24August.On 29 August the Yugoslavian army spokes-person, Colonel Svetozar Radisic, confirmed theterms of this declaration by adding that the armywould take her to court because of her accusa-tions, and that she should be condemned for heractions.

Imprisonment andsentencing ofMr. Filipovic 10

Miroslav Filipovic, Kraljevo (centre of Serbia)correspondent for the independent dailynewspaper Danas, and for Agence France-Presse(AFP), and regular collaborator of the HelsinkiCommittee for the Defence of Human Rights wasarrested on 8 May 2000 at his home by securityservices who seized his passport, the hard driveof his computer, and numerous documents. Hewas then released on 12 May only to be re-incarcerated ten days later in the military prisonof Nis.On 13 June, he was finally charged with spyingand dissemination of false information, whichconstitutes one of the most serious accusationsof the Yugoslavian penal code.According to information from RSF (ReportersWithout Boarder) and from the Institute for Warand Peace Reporting (IWPR), the charges againstMr. Filipovic were based on the publication ofarticles about the Yugoslavian army on the IWPRInternet site between October 1999 and May2000. These articles included the testimonies ofSerbian officers about crimes committed by theYugoslavian army in Kosovo during the NATO airstrike campaign.He was sentenced to 7 years of imprisonment bythe military court of Nis on 26 July 2000.On 10 October, Mr. Filipovic was released afterthe Appeal Court had quashed the military courtverdict. The appeal, initially set for the end of


October, was put forward in the context of theelection of the new President of the Federation,V. Kostunica.

Mr. Filipovic’s state of health requires special care.During his detention, he suffered from heartproblems and lost weight without being allowedto receive appropriate medical treatment.

2


Russia

1 See urgent appeal RUS 001/0008/OBS 091 2 See Annual Report 1999

Attacks on NGOs 1

The Observatory was informed by the Centre forCivil Society International of an attack by a groupof masked individuals armed with automatic ri-fles on the offices of the Glasnost Foundation,located in a residential building on TsvetnoiBulvar in central Moscow, at 7 p.m. on 28 August2000. There were a dozen people in the officediscussing plans for an emergency congress ofhuman rights activists.Mr. Sergei Grigoryants, head of the GlasnostFoundation, stated that about 10 individuals anda police lieutenant who identified himself asMr. Ivanov from the 18th precinct, knocked onthe door. Mr. Grigoryants refused to open thedoor in the absence of a warrant. The police thenproceeded to attempt to break down the frontdoor. When they failed, they went around theback, and broke through the wooden door. Theythen forced everyone in the office, including a10-year-old girl, to lie on the floor for 40 minu-tes before leaving without saying anything.Mr. Grigoryants stated that one of the maskedmen hit him on the head and back. The policedid not check any documents, and did not offerany explanation as to why they came. Mr. ErnstChyorny, a leader of the organisation Ecology andHuman Rights, present during the raid, said thatafter the police left he found that his bag, whichhe had left in another room, had been searched.

An officer from the 18th precinct, Mr. AlexanderNikolayevich, stated that he was in charge of allpatrol officers at the 18th precinct and knewnothing of the operation at the GlasnostFoundation.The Glasnost Foundation is a harsh critic of thewar in Chechnya and the Federal Security Service(FSB). The organisation conducts an annualconference entitled "The KGB: Yesterday, Todayand Tomorrow".

Legal proceedings againstMr. Pasko 2

Mr. Grigory Pasko, a correspondent for theRussian Fleet Newspaper, was arrested inNovember of 1997 for the crime of high treasonafter disseminating one of his reports on thedumping of nuclear waste and the promotion ofcertain generals. Mr. Grigory Pasko could receivea sentence of between 15 and 20 years in prison.On 20 July 1999 the Vladivostok Military Tribunaldropped the charges of high treason. He wasnevertheless pronounced guilty of abusing hisprofessional status, and his lawyers decided toappeal. Mr. Pasko was freed on the day of thetribunal’s deliberation.On 21 November 2000, during the appealhearing, the military section of the Supreme Courtdecided to transfer Mr. Pasko’s case to the Vladi-vostok Military Tribunal.


Turkey

1 See Observatory Annual Report 1999 and urgentappeal TUR 003/9910/OBS 065.01

2 See press release together with the Euro-Mediterranean Network for Human Rights on 23February 2000.

Legal proceedings againstseveral members of theHuman Rights Foundationof Turkey

Legal proceedings against Mrs. Kaya andMr. Alp Ayan

1

Günseli Kaya, teacher and Secretary of theHuman Rights Foundation of Turkey (HRFT) of-fice in Izmir, and Doctor Alp Ayan, psychiatristfrom the HRFT’s Rehabilitation of the Victims ofTorture Centre - both members of the HumanRights Association of Turkey (IHD) - were amongthe people arrested on 30 September 1999 inIzmir as they were on their way to the village ofHelvaci to attend the funeral of one of the victimsof the massacre of prisoners in Ankara CentralPrison on 26 September.On 3 October, after the hearing before theCriminal Court of Izmir (SSC), they were charged,along with 12 other people, on the basis of arti-cle 32 par. 3 of the law on meetings anddemonstrations, which provides for a prison sen-tence of 3 to 5 years for, “coercion, violence,threat, assault or resistance” to a police decisionforbidding a meeting, and of article 7 par. 2 ofthe anti-terror law, which provides for a prisonsentence of 1 to 5 years against people who, "helpthe members of a terrorist organisation anddisseminate propaganda on its behalf".

After 4 months in prison, on 20 January 2000,after the first hearing of the trial before the AliagaCriminal Court, near Izmir, Günseli Kaya and AlpAyan were released.Hearings have since then followed one another(February, April, June, July, September, Novemberand January 2001).The Observatory, together with Collectif Turquie(Association Primo Levi, Amnesty International,France Libertés, ACAT, Médecins du Monde, Ju-ristes Sans Frontières, Trèves, FIDH and OMCT)commissioned observers for the last threehearings.The 9th hearing will be held on 27 March 2001.

Legal proceedings against Mr. Uzun2

Mr. Zedi Uzun, gynaecologist and member ofthe Foundation (HRFT), was arrested on19 October 1999 and detained for 7 days, duringwhich he was submitted to physical andpsychological torture.He was accused of having, "helped an illegal or-ganisation, and of having sheltered its members",under article 169 of the penal code, for havingprovided medical treatment to two patients.Mr. Zeki Uzun has been a voluntary doctor in theHRFT’s Centre of Rehabilitation for the Victims ofTorture for 6 years.The first hearing of his trial was held on19 January 2000, before the Criminal Court of


3 See urgent appeal TUR 002/0002/OBS 0074 See above the case of Dr. Ayan and Mrs. Kaya 5 See press release from 25 November 1999

the Izmir State. He was not allowed to testify aboutthe acts of torture to which he was subjected, andthe judge refused to include the medical reportthat was prepared by the Medical ExpertiseChamber of Izmir in the minutes of the trial.Hearings were then held on 24 February and11 April. He was declared not guilty, for lack ofevidence.

Legal proceedings against Mr. Lok3

The third hearing of the trial of Mr. Veli Lok, asurgeon and delegate in Izmir of the HumanRights Foundation, was held on 13 June 2000before the Izmir Penal Court. He was accused,on the basis of article 30/2 of the law on thepress, of expressing his opinion in the press ondecisions that were taken by the Court before ithad given its verdict. The first hearings(1 February and 11 April) had been postponedbecause the judge had not received the birthcertificate establishing Dr. Veli Lok’s identity.These charges refer to an article published underthe signature of Mr. Veli Lok concerning two ofhis colleagues, Dr. Ayan and Mrs. Kaya

4.

The text by Mr. Veli Lok, published on 31 October1999 in the newspaper Cumhuriyet, and wasentitled, "They are going to make them pay fortheir fight against torture".Mr. Veli Lok and Mr. Bahri Akkan, spokesp-erson in Izmir of the Platform for Democracy,were sentenced to pay a fine of 60 million TurkishLira, and serve a month in prison. This latter sen-tence was commuted to a second fine of 60 mil-lion Turkish Liras on the condition that Mr. VeliLok will not speak in public for 5 years.

Kikret Ilkiz, editor of the newspaperCumhuriyet, was sentenced to a fine of 60 mil-lion Liras and one month and five days in prison;the prison sentence later commuted to a fine of80 million Liras.The Observatory, together with the Collectif Tur-quie (Association Primo Levi, Amnesty Interna-tional, France Libertés, ACAT, Médecins duMonde, Juristes Sans Frontières, Trèves, FIDH andOMCT) commissioned two observers to this trial,who reported it to be a summary trial.

Legal proceedings against Mr. Önen

Mr. Yavuz Önen, President of the Foundation,is presently being prosecuted for havingpublished a statement on 19 January 2000concerning the arbitrary procedure againstMr. Veli Lok. He, too, is charged with having statedhis opinion in the press concerning the decisionstaken by the Court before the Court had ruled onthe basis of Article 30/2 of the Law of the Press. Afirst hearing took place on 13 July 2000. Nofurther hearing dates have been established todate.

The IHD and its memberstargeted

IHD headquarters stormed5

On 25 November 1999, the headquarters of theHuman Rights Association of Turkey (IHD)in Ankara were stormed by about forty peopleclaiming to represent the Family of Martyrs As-sociation. For about a quarter of an hour, theintruders wrecked the offices and threatened the


6 See urgent appeals TUR 001/0002/OBS 003 ; TUR001/0002/OBS 003.01 7 See Observatory Annual Report 1999

members present. Osnu Ondul, President of theIHD, was slightly hurt; another member wasseriously hurt and taken to the hospital. Policeofficers, who had been guarding the entrance tothe building since the assassination attemptagainst Akin Birdal in the associationheadquarters in May 1998, seem to not haveintervened nor called for help.

Legal proceedings against Mr. Gür6

Legal proceedings were instituted before theCriminal Court n° 1 of Ankara against Mr. NazmiGür, the IHD Secretary-General.According to the charges by the Prosecutor’s of-fice, Mr. Nazmi Gür is accused of having “assistedan armed organisation” after having written anarticle under the title, "It is not hard to reach peace"which was published in a special bulletin of theIHD during World Peace Day, on 1 September. Theuse of expressions such as, "the peoples of thiscountry", or "a dirty war which has lasted for15 years", are the basis for the charges on thepremise of the indivisibility of the Turkish territoryand nation (article 169 of the Turkish Penal Codeand n° 5 of anti-terror law n° 3713). Under thesecharges, Mr. Nazmi could have been sentenced tobetween 3 and 5 years in prison.He was declared not guilty on 3 February 2000,by the Criminal Court of Ankara, on the groundsof lack of adequate and convincing evidence.During the trial, the Observatory commissionedan observer, together with the Euro-Mediterranean Network for Human Rights.

Legal proceedings against Mr. Birdal

For statements made in Tarsus (1995):On 21 February 2000, the hearing of the caseagainst Akin Birdal, president of the Turkish As-sociation for Human Rights (IHD) and Vice-President of the FIDH, was held near the StateCriminal court. He was accused, with 10 otherpeople, of having made remarks in favour of apeaceful solution in the Southeast during a pu-blic meeting.These proceedings against Akin Birdal wereinitiated on 7 January 1999 after a speech hemade in Tarsus on 18 December 1995. He ischarged, under article 312/2, which provides thatany person who incites the population to hatredor hostility on the basis of class discrimination,race, religion or origin, will receive a prison sen-tence of between 1 and 3 years. The Observatorywould like to mention that about ten legalproceedings are currently open againstMr. Birdal, all of them because of his stance infavour of peace

7.

The Observatory commissioned observers for thistrial. Mr. Birdal could not attend the hearing, as hewas summoned on the same day for a medicalcounter-assessment at the request of the prosecutionwithin the framework of other legal proceedings.Only one defendant was present at the 10-minutehearing. Difficulties appeared concerning theidentity of a defendant, as well as contradictionsbetween the reports from the police and the ex-perts, the transcriptions of recordings, and thestatements during the demonstration. Theprosecutor declared that he had no finalstatement, and the President postponed the case.


8 See press release of 28 March 2000, the ObservatoryAnnual Report 1999, and the urgent appeal TUR 002/0009/OBS 056.069 See special press release of 12 February 2001

10 See urgent appeals TUR001/9708/OBS 006.02 ;TUR001/9708/OBS 006.0311 See press release of 27 December 2000

For statements made in Ankara (1996) andin Mersin (1995)

8

Sentenced to two years in prison for speakingtwice (in 1995 and in 1996) in favour of apeaceful solution in the Southeast of Turkey, hehad been incarcerated on 3 June 1999, thenreleased on medical grounds on 24 September,the execution of his sentence being delayed bysix months.Akin Birdal was again incarcerated on 28 March2000.The extension of this suspension was conditionedby the opinion of the Medical Institute of Istanbul(Forensic Medicine Institute). It had consideredthat Akin Birdal’s health did not justify hisfreedom. The prosecutor then ordered a newincarceration for a period of 5 months and29 days.On 23 September 2000, he was released.

For Statements made in Germany (2000)9:

Proceedings were instituted in February of 2001against Akin Birdal for statements during a pressconference held in Germany, during the year2000, concerning the treatment of minorities inTurkey. Akin Birdal underscored the need forTurks to remember events in 1915 and toapologise to Armenians. Referring to minoritiesin more general terms, Akin Birdal referred todiscriminatory measures enforced during thesecond World War against non-Turkish minoritiesand Greek minorities that were more heavily taxedand forced into hard labour in case of non-payment of such taxes.

Retaliatory measures against IHD sections

New closure of the Diyarbakir section10

:On 12 May 2000, the IHD section of Diyarba-kir was closed only 23 days after it had been re-opened. After a three-year long legal battle, on19 April 2000, the Court overturned the 23 May1997 closing order for this section.The new closing order, for 3 months, was takenby the Governor of Diyarbakir on the basis ofarticle 11/0 of the dispositions related to the stateof emergency.On 12 August 2000, a notification of closing waspresented to the members of the IHD for the sameperiod on the same legal basis.

Retaliatory measures subsequent to theDecember prison uprisings

11:

The Observatory was informed of a series ofretaliatory measures which non-governmentalorganisations have had to face, as well asprisoners’ families and all the people who, inTurkey, have shown their disapproval of the in-tervention on Tuesday 19 December 2000 ofTurkish police forces against prisoners who hadstarted a hunger strike. This extremely violentoperation resulted in the death of over 27 peo-ple, most of whom burnt to death.The strong mobilisation of the sections of theHuman Rights Association brought about policeraids and searches of several sections’headquarters, in which information meetingsabout the course of events were being held. Thus,on Saturday 23 December, the IHD head-quarters in Ankara were taken by storm by


security forces, on the order of the Criminal Courtof Ankara. During this operation, many membersof the IHD were apprehended and kept in custodybefore they were released. The association’scomputers, archives and documentation weresearched, and some documents were seized.Other sections of the IHD were subjected tosimilar measures, and a number of IHD memberswere also kept for several hours in the police sta-tion to be interrogated. Members of the Istanbulsection of the IHD were detained on threedifferent occasions last week; it happened to beHuman Rights Week. These arrests happenedfollowing a press release and march organisedon 17 December to celebrate the UniversalDeclaration of Human Rights, the march had beenforbidden by the police.The Konya section of the IHD was closed for45 days on 22 December 2000, while the Antepsection was closed, for an unlimited period, on7 December 2000.The police raided the offices of the Kayseri sec-tion after the publication of a press release; thePresident of the section and of the Trade Unionof Public Employees in Education Services weredetained.Finally, the Van section was closed on19 December by decision of the Governor’s bu-reau for breaking the law on associations, andsheltering people on hunger strike in its premises.The Malatya section was also closed, for anunlimited period of time, on 28 December. TheMalatya Criminal Court approved the Governor’sdecision.The Izmir section was closed on 2 January 2001by legal decision based on the presence of16 non-members in the offices of the associationduring a check that was carried out at the direc-tion of the Prosecutor of the State Criminal Court.

On 1 January 2001, a team of the anti-terroristbranch of the department of security went to theheadquarters of the Bursa section, and tookaway four IHD members, two of whom were onhunger strike. Four other members of the asso-ciation were taken to the offices of the securitydepartment, and a preliminary investigation wasstarted.The Mersin Section was raided on 20 January.The offices were searched; at the direction of theprosecutor, all documents were seized.On 11 January 2001 the Bureau of the Prosecutorof the Criminal Court initiated proceedings againstthe IHD Ankara section, charging the membersof its bureau with," supporting an illegal organi-sation".The charges mention that a detailed list ofprisoners with information on their health wasfound on the IHD premises during the Decemberinvestigation, along with press releases thatincluded statements against the building of a TypeF prison, and supporting the prisoners on strike.It is also mentioned that, during IHDdemonstrations, pictures of deceased prisonerswere shown and posters of illegal organisationshad been waved.The Prosecutor considers that the continuanceby the IHD bureau of, "actions whose purpose issimilar to that of prisoners members of organi-sations" constitutes a sufficient element of prooffor the formal charging of the bureau membersand requests the closure of this IHD section underarticle 7/4 of Law 3713 against terrorism.The charges under Penal Code article 169 arelowered against the following people: Mr. LutfiDemirkapi, President; Bureau membersMr. Ilhami Yaban, Mr. Ismail Boyraz,Mr. Erol Direkçi, Mr. Mesut Cetiner,Mr. Zeki Irmak, and Mr. Riza Resat


12 See press release of 25 January 2001 13 See urgent appeal TUR 001/0101/OBS 011

Cetinbas; Prisoner’s Commission members Mr.Ali Riza Bektas (presently detained), Mr.Saniye Simsek, Mr. Ekrem Erdin, GökçeOtlu and Mr. Selim Necati Ort (presentlydetained who was present at the Section officeswhen the searches were conducted).The trial opened on 13 February, at the StateCriminal Court. The request for the release of Mr.Bektas and Mr. Ort was denied. The next hearingis scheduled on 22 March 2001.

Legal proceedings and smear campaigns12

On 25 January 2001, the police searched the IHDheadquarters in Ankara. All of the association’scomputers were confiscated, as well as all docu-ments and diskettes.This attack follows a decision of the 9th PenalTribunal of Ankara which on 22 January wasseized of the matter at the request of the AnkaraProsecutor under the pretext that IHD hadreceived financial support from the Greek Fo-reign Affairs Ministry without prior authorisationfrom the authorities. The Court ordered a searchfor information with which to support its char-ges.On 19 January, the Anatolia press agency hadpublished an article, subsequently quoted by theTurkish Daily Hurriyet and two Turkish televisionchannels, whereby the IHD had allegedly receivedfinancing from the Greek Foreign Affairs Ministry.NTV and Turkish CNN subsequently corrected thisinformation at the request of IHD, which formallydenies these accusations.The Turkish Foreign Affairs Ministry haspublished information on its website aimed atdiscrediting IHD, and questioning its impartial

and objective character. It accuses IHD ofseparatism and involvement in political activities.

Proceedings against Mrs Keskin13

On 18 December 2000, legal proceedings wereopened against Eren Keskin, President of theIstanbul section of IHD, by the Beyogluprosecutor’s bureau on the basis of Article 159of the Penal Code for, "insulting the armed for-ces of the State".This event is linked to statements made byE. Keskin in support of the "Mothers of Peace"who claim they were tortured at the Silopi policestation during their detention on 4 October 2000,shortly after their return from Iraq where theyhad participated in negotiations between the PKKand the PUK in order to end the fighting.Eren Keskin stated in the Yeni Gundem Kurdishnewspaper that, "the allegations reported by thesewomen who claimed to have been stripped oftheir clothing and attacked by soldiers who couldhave been their grandchildren, were serious. Wehave lodged formal complaints but nothing hasbeen done against the perpetrators of these tor-tures. On the contrary, people who denouncethese actions are imprisoned. Torture is part oftheir system".Proceedings have also been initiated againstErdal Tas, Editor-in-Chief of the newspaper,under Article 159 of the Penal code, for havingpublished these statements.


14 See press release of 18 January and Annual Re-port 199

Release ofMr. Yagmudereli 14

Esber Yagmudereli, lawyer and writer and ar-dent supporter of human rights, peace anddemocracy, received an early release from pri-son on 18 January 2001.

He was serving an accumulated sentence of23 years in the Cankiri prison since his arrest on1 June 1998 solely on the grounds of hiscommitments.


United Kingdom

Inquiry into theassassination ofMrs Nelson 1

No results have been published to this dateconcerning the inquiry into the death ofRosemary Nelson, on 15 March 1999.

1 See Observatory Annual Report 1999

Mrs Nelson was a lawyer, human rights defender,and member of the Executive Committee of theCommittee on the Administration of Justice (CAJ).


Uzbekistan

Refusal to register theHRSU1

The Observatory has been informed by theHuman Rights Society of Uzbekistan(HRSU) that since the organisation was foundedon 2 February 1992, it has been refusedregistration on four occasions by the Minister ofJustice.Recently, on 7 December 2000, the HRSU wroteto the Khokimiyat (local government) of Tashkent

1 See urgent appeal UZB/001/0001/OBS 001

City and submitted a request asking for co-operation in the organisation of the3rd Conference of the HRSU, to be held on22 December 2000. The request involved rentinga building equipped to host a conference for 60-70 participants. They were refused permissionby the Khokimiyat on the grounds that the orga-nisation had not yet been registered.

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