This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 ADANA 000113 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PREF PTER TU ADANA
SUBJECT: SE TURKEY SEES SOME HUMAN RIGHTS PROGRESS 
 
REF: ADANA 0104 
 
¶1. (SBU)  Summary:  Lawyers and human rights activists told DPO 
in August 11-13 meetings in Diyarbakir, Tunceli, Bingol, Elazig 
and Malatya that recent reforms have resulted in progress in 
human rights practices in southeast Turkey, especially in the 
areas of detention and pre-trial procedures, access to lawyers 
(for all but terror-related suspects, they say), and even to a 
limited extent, in the area of freedom of speech and 
association. Contacts welcomed recent progress on Kurdish 
language instruction and broadcasting but were skeptical that 
actions taken to date come anywhere close to satisfying demands 
for increased cultural rights for Turkey's Kurdish population. 
Most observers qualify these relatively positive assessments of 
the human rights situation by adding that the PKK/Kongra-Gel's 
June 2004 abandonment of its ceasefire has increased tension in 
the region, and that the human rights situation could be in for 
a change.  End Summary. 
 
Turkey is on the right path, for now 
------------------------------------ 
 
¶2. (SBU)  Lawyers and human rights activists across the board 
told DPO in August 11-13 meetings in Diyarbakir, Tunceli, 
Bingol, Elazig and Malatya that the past five years had brought 
limited, but still important progress in human rights practices 
in the Southeast of Turkey.  A Tunceli lawyer went so far as to 
state that "torture and mistreatment are at their lowest levels 
in the history of Turkey."  Others were less ebullient ("the 
general trend is weak, but it is one of improvement") and all 
stressed the inconsistency in application of improved practices. 
 Nevertheless, a consensus existed among contacts that Turkey 
has been "on the right path." 
 
¶3. (SBU)  Positive developments most often cited by rights 
activists are improved detention and pre-trial procedures, 
enhanced access to lawyers (for all but terror-related 
suspects), slightly greater freedom of speech and association, 
and the extension of the statute of limitations for officials 
involved in torture.  NGOs were not alone in praising recent 
reforms; Diyarbakir's acting public prosecutor said that the 
clearer language and decreased ambiguity of new laws was a 
welcome result of the EU harmonization process.  [Note:  He, as 
well as his counterpart in Elazig, confessed that it is 
challenging to keep up with the pace of change.  Both said they 
use the Turkish Parliament's internet site as their primary 
method of keeping up to date with changes to the law.  End note.] 
 
Improved Public Education About Rights 
-------------------------------------- 
 
¶4. (SBU)  NGOs and lawyers gave police higher marks than the 
Jandarma in the area of human rights, claiming they were more 
"sensitive to the democratization issue."  The demand side of 
the human rights equation is improving as well, according to 
contacts, as the public becomes more educated (and emboldened by 
the EU process) about civil liberties.  In the first six months 
of 2004, requests for the Diyarbakir Bar's services surpassed 
the entire number of requests in 2002-03.  Lawyers attribute 
this to a recent Bar education campaign.  During a nine-day 
security operation in Diyarbakir (reftel), for example, police 
confronted protestors objecting to the operation on several 
occasions.  According to one lawyer, "We saw a greater awareness 
of rights both on part of public and the police."  A police 
official reportedly asked one protestor a loaded question ("How 
long have you been supporting the PKK?"), and the individual 
responded that he wanted to use his right to remain silent.  "In 
the past they might have broken your hand for an answer like 
that," said the Bar lawyers, noting that in this case the 
individual did not suffer any ill effects from his response. 
 
Uncommon Dialogue 
----------------- 
 
¶5. (SBU)  The Elazig Human Rights Association (HRA) branch 
office also reports some small victories along the same lines, 
from standing down a police request to get names of individuals 
who were attending a local funeral, to getting a response (but 
no information) to their "FOIA-like" request to the Governor for 
information about a specific case.  The most surprising news 
from Elazig, given the views of many state officials about human 
rights organizations, was about the dialogue that apparently 
exists between the HRA and the government.  The Elazig Governor 
paid a courtesy call to the HRA office recently, according to 
the group's president, and moreover, tried to coax the HRA 
representative to attend meetings sponsored by the Interior 
Ministry's local human rights representative.  The Governor 
reportedly told the HRA representative that he understood why 
HRA did not want to attend, but he stressed that since the other 
NGO's in attendance were "more statist than the state," the HRA 
could contribute a different voice to the dialogue. 
 
Broadcasting and instruction OK, but "we're not impressed" 
--------------------------------------------- -------------- 
-------------------------------------- 
 
¶6. (SBU)  Contacts did not have much praise for the recent 
establishment of private Kurdish language instruction schools 
and the broadcast of Kurdish language segments on state 
television. While all interlocutors welcomed these first steps 
toward meeting cultural rights, they consider them to be window 
dressing, and inadequate in addressing the demand.  One 
Diyarbakir businessman acknowledged, however, that these two 
developments have an important psychological impact:  "If you 
would have told me ten years ago that there would be 
Kurdish-language broadcasts on our television, I would have 
looked at you like you were from the moon," he said. 
 
¶7. (SBU)  Nevertheless, the substance of the changes leaves a 
great deal to be desired, according to activists.  Kurdish 
broadcasts play for 30 minutes per week, they say, on a weekday 
morning when very few can see it.  As for instruction, many 
complain that for-fee courses are not helpful, especially for 
those with limited means; what the Kurdish community is seeking 
are elective courses in schools and universities, they say.  In 
addition, in Diyarbakir one must be 16 in order to enroll in 
courses, whereas most people would like to see younger children 
learning and carrying on the language.  Teachers, even the wife 
of one contact whose Sorbonne degree is in "Kurdology", must 
undergo a certification process by Turkish authorities which 
observers found distasteful. 
 
Still no shortage of violations 
------------------------------- 
 
¶8. (SBU)  While the overall situation had improved in recent 
years, there are still numerous complaints of human rights 
violations.  The Bingol HRA leader has had 67 charges filed 
against him for what he considers "thought crimes," for example, 
and the Diyarbakir HRA leader 58.  In connection with a May Day 
demonstration in Diyarbakir, HRA claims that 168 union 
supporters who had wanted to participate in a press release were 
taken to the Security Directorate, detained for 10 hours in an 
indoor gym, and then released without having been asked one 
question.  More recently, during Tunceli's July 31 Culture and 
Nature Festival, police responded with what some observers 
considered "excessive force" to a group from the Inmates Family 
Association (families of suspected PKK militants), who wanted to 
carry out a previously unauthorized demonstration during the 
festival.  Tunceli's DEHAP Mayor reported being pushed and 
insulted by Tunceli's Security Director in the scuffle, an 
account corroborated by a member of Tunceli's Bar Association. 
(Note:  The Mayor of Tunceli is a woman who appears to be in her 
thirties, weighing no more than 120 pounds.  End note.) 
Twenty-six individuals were detained for resisting arrest and 
carrying out an illegal demonstration.  All but two were later 
released. 
 
¶9. (SBU)  Comment:  Even the most skeptical observers give 
Turkey relatively good marks in improving the human rights 
environment in southeast Turkey during the past five years. 
Even where implementation is incomplete or inconsistent, just 
having new laws on the books is an advance, according to many 
lawyers, as they give a concrete basis for accountability. 
Human rights workers claim that the EU harmonization process had 
been "comforting people psychologically in their daily life." 
That sense of comfort, however, is in danger of being eroded by 
the PKK's June 2004 abandonment of its ceasefire, according to 
most observers (septel).