THE LEGAL STATUS
OF THE KURDS IN TURKEY
WITH RESPECT TO DOMESTIC AND INTERNATIONAL LAW
BY
KURDISTAN LAWYERS
UNION
ENGLISH TRANSLATION BY:
Dr. Botan Ferat

Webmaster : Kamal Najmaddon

15 December199
INTRODUCTION
This study aims to highlight the fundamental causes of the Kurdish National Question that has been put on the world agenda as a result of the coming to Italy of the PKK Leader, Abdullah Ocalan. The fact that the Turkish Republic currently occupies a large geographical part of Kurdistan makes it imperative to investigate, since its foundation in 1923, the basic realities of Turkish Republic’s (TR) political make-up together with its constitutional past and present as they relate to Kurds and Kurdistan.
It is only natural that our efforts to provide information within this basic framework involves necessarily examining the constitutional, legal and political structure of the Turkish regime, established on the basis of categorical rejection and denial of the Kurds, and the position of the Kurds in comparison with basic human rights and freedom. We will, within this context, examine under the light of TR’s legal system, the policy of "Punishment and Repression"; suppression and annihilation practised since the TR’s foundation and the continuous implementation of this policy through the reorganisation of the legal system by the 12 September Military Coup.
Therefore, we will explain the practices of TR through an historical perspective beginning with its foundation by giving up to date examples used against the Kurdish national struggle for its fundamental and legitimate rights that could not be expressed through the constitutional, legal and political structure which forms the basis of the system described above.
Finally, it is hoped that this work will, in the light of evidence provided, shed light on the fundamental cause of the Kurdish Question which we believe to be firmly associated with the gross confiscation of a people’s national democratic rights. This is the base upon which rests the justness and legitimacy of the of Kurdistan National Liberation Struggle in terms of Universal Human Rights, International Treaties and General Convention of the Law.
WITH RESPECT TO CONSTITUTIONAL SYSTEM
Before we analyse the place of the Kurds and Kurdistan in the Turkish State’s constitutional, legal and political system it is helpful to briefly dwell upon the developments prior to the Treaty of Lausanne signed on 24 July 1923. Like all other nations under the domain of the Ottoman Empire, so the Kurdish nation since the beginning of the 19.th century has engaged in a process of permanent uprising and rebellion for its national self-determination. The uprising led by Abdurrahman Baban in 1806 was followed by a series of uprisings during the whole of the 19th century amongst which the most notables were: Prince Bedirxan of Botan 1846, Yezdan Ser 1856 and Seyh Ubeydullah 1870.
In the beginning of the 20th century, although a number of nations dominated by the Ottoman Empire determined their future and formed their independent states as a result of the disintegration of the empire at the end of the First World War, the Armenians, Assyrian-Suryanian and the Kurds were subjected to brutal massacres. At the end of the war the victors put the future of the Kurdish nation on the table. Here it is noteworthy to remember the infamous "Wilson Principles" expressed by the U.S.A President Wilson at the Paris Conference on 28.4.1919 and especially the Principles concerning Kurdistan namely the articles 12. and 14.
Article 12: "The sovereignty of the Turkish parts of the Ottoman Turkish State shall be established, for their autonomous developments every kind of assistance shall be given to the nations under the Turkish dominion".
Article 14: "An international institution shall be formed to guarantee the mutual political independence and territorial integrity of all the small and big nations."
In the light of these principles the League of Nations was set up and
the "autonomy for of all nationalities under the domain of the Ottoman Empire" expressed in the Wilson’s 12. Principles was put on the agenda at the League of Nations through San-Remo Conference convened on 18-26 April 1920 within the framework of Right of Self-determination for Nations and this resolution was adopted:
A Commission composed of Italian, French and British members shall work in
Constantinople (the Capital city of the Turkish Ottoman State). This commission shall foresee to safeguard for the protection, following the end of the first World War within six months from the coming into force of the present Treaty with the Turks, of the Assyro-Chaldeans, and other racial or religious minorities within these areas lying east of the Euphrates, south of southern Armenia, from Syria and Mesopotamia to the northern area populated by Kurds. For rectification of Turkish especially Turkish-Persian (Iran)frontier a Commission composed of Kurdish, Persian, Italian, French and British, representatives shall be set up.
2. The Turkish Government shall accept the offers of both Commissions within three months from their communication to the said Government.
3. If within one year from the coming into force of the present Treaty the Kurdish peoples within the areas defined shall address themselves to the Council of the League of Nations in such a manner as to show that a majority of the population of these areas desires independence from Turkey, and if the Council then considers that these peoples are capable of such independence and recommends that it should be granted to them, Turkey hereby agrees to execute such a recommendation, and to renounce all rights and title over these areas. Constituents will be discussed in details between the European States and Turkish State. The detailed provisions for such renunciation will form the subject of a separate agreement between the Principal Allied Powers and Turkey.
4. In such circumstances no objection will be raised by the Principal Allied Powers to the voluntary adhesion to such an independent Kurdish State of the Kurds inhabiting that part of Kurdistan which has hitherto been included in the Mosul vilayet.
In the same way, the Treaty of Sèvres (August 10, 1920), which dismantled the defeated Ottoman Empire, clearly recognised an independent state for Kurds. Section III, Articles 62-64, provided for the creation of a Kurdish state on the Kurdish territories. Articles 62-64 read as follows:
ARTICLE 62.
A Commission sitting at Constantinople and composed of three members appointed by the British, French and Italian Governments respectively shall draft within six months from the coming into force of the present Treaty a scheme of local autonomy for the predominantly Kurdish areas lying east of the Euphrates, south of the southern boundary of Armenia as it may be hereafter determined, and north of the frontier of Turkey with Syria and Mesopotamia, as defined in Article 27, II (2) and (3). If unanimity cannot be secured on any question, it will be referred by the members of the Commission to their respective Governments. The scheme shall contain full safeguards for the protection of the Assyro-Chaldeans and other racial or religious minorities within these areas, and with this object a Commission composed of British, French, Italian, Persian and Kurdish representatives shall visit the spot to examine and decide what rectifications, if any, should be made in the Turkish frontier where, under the provisions of the present Treaty, that frontier coincides with that of Persia.
ARTICLE 63.
The Turkish Government hereby agrees to accept and execute the decisions of both the Commissions mentioned in Article 62 within three months from their communication to the said Government.
ARTICLE 64.
If within one year from the coming into force of the present Treaty the Kurdish peoples within the areas defined in Article 62 shall address themselves to the Council of the League of Nations in such a manner as to show that a majority of the population of these areas desires independence from Turkey, and if the Council then considers that these peoples are capable of such independence and recommends that it should be granted to them, Turkey hereby agrees to execute such a recommendation, and to renounce all rights and title over these areas.
The detailed provisions for such renunciation will form the subject of a separate agreement between the Principal Allied Powers and Turkey.
If and when such renunciation takes place, no objection will be raised by the Principal Allied Powers to the voluntary adhesion to such an independent Kurdish State of the Kurds inhabiting that part of Kurdistan, which has hitherto been included in the Mosul vilayet.
Again the Paris Conventions in which, the U.S.A, Britain, France and Italy took part, commenced on 18 January 1919, and on 30 January 1919 passed this resolution. "the Allied and Combined states have agreed to the complete separation of Armenia, Syria, Iraq, Kurdistan, Palestine and Arabia from the Ottoman Empire. This provision is excluded from resolutions concerning other parts of the Ottoman Empire".
Although at the start of the 20th century, the political boundaries of Kurdistan was narrowed down and the self-determination right of the Kurdish people was subjected to the approval of the League of Nations, the international treaties referred above are important for they provide examples from the international arrangements approving the right of the Kurdish people for the self-determination of political status and the right of independence for the Kurds.
During the same period while the international platforms were making the above arrangements for the Kurds, the Ankara government under the leadership of Mustafa Kemal Ataturk singed the Amasya Protocol (20-22 October 1920) with the Member of Ottoman Parliament. In relation to the Kurds, the Protocol stated this:
"In order to circumvent the propaganda’s of lies by the foreigners under the disguise of the Kurdish people’s independence, it has been decided that the Kurds should be supported in terms of ethnic and social rights in a way and place where it allows their free development."
Again, on 10 February 1922, the Turkish Grand National Assembly (TGNA) passed an Act, with 373 for and 64 against, for the following arrangement: "As a requirement of civilisation and considering the object to guarantee the progress of the Turkish nation, TGNA starts to establish an administration pertinent to the customs of the Kurdish people."
The arrangement mentioned in the above paragraph "Autonomous Kurdistan Act" was revoked on 3 March 1924 after the Treaty of Lausanne. (Maria Leisner-Stockholm, Paper presented at the Kurdish Conference, 15-17 March 1991).
The purpose of citing these arrangements are threefold; firstly to shed light on the period starting with the signing of the Treaty of Lausanne and secondly, to help understand the Turkish state’s legal and political arrangements which are based on the denial of the Kurdish people. Thirdly, during this period and up until now, to draw attention to the policies of those states which put the destiny of Kurdistan on the table -responsible for the future of Kurdistan- in relation to the denial and genocidal policies of the states dominating Kurdistan.
On June 24, 1923, the Treaty of Lausanne was signed by the Turkish State and by the states , which were participants of the Conferences of the Paris and San Remo, as well as by the state signatories to the Treaty of Sèvres. Not only did the Lausanne Treaty (despite a number of references made to them during the discussions) not contain any legal provision for the Kurds, but also the Kurds were grossly denied and their country was carved up between certain states.
Although, in principle the minority rights included in articles 37-44 of the Lausanne Treaty, made provisions for the non-Muslim minorities whose minority status were approved (a significant section of the Kurds are not Muslim, i.e. Yezidies), it is important to have a closer look at the following articles of the Treaty
While article 38 guaranteed freedom of religion and religious practices for all, and additionally, freedom of movement and emigration for non-Muslims, Article 39 guaranteed language rights for all ethnic groups.
Article 39. No restrictions shall be imposed on the free use by any Turkish national of any language in private intercourse, in commerce, religion, in the press, or in publications of any kind or at public meetings. Notwithstanding the existence of the official language, adequate facilities shall be given to Turkish nationals of non-Turkish speech for the oral use of their own language before the Courts.
To prevent any future state laws in Turkey from infringing upon these guarantees, Article 37 states that:
Turkey undertakes that the stipulations contained in Articles 38 to 44 shall be recognised as fundamental laws, and that no law, no regulations, nor official action shall conflict or interfere with these stipulations, nor shall any law, regulation, nor official action prevail over them.
As an international mechanism of checks and balances on the enforcement of these and other provisions of the Treaty, Article 44 added that:
Turkey agrees that any Member of the Council of the League of Nations shall have the right to bring to the attention of the Council any infraction or danger of infraction of any of these obligations, and that the Council may thereupon take such action and give such directions as it may deem proper and effective in the circumstances.
However, realising that early the inclination of the Allied powers not to press for observation of Articles 38 and 39, a Turkish official decree on March 3, 1924, less than a year after the signing of the Treaty, banned all Kurdish schools, organisations, and publications, along with their religious fraternities and seminaries.
Now we turn to the specific place of the Kurds under the Turkish constitutional and legal system.
The first constitutional arrangements following the Lausanne Treaty are the Constitution of the Republic of Turkey 1924. According to this Constitution:
Article 10. "Every Turk -woman, man- over the age of 22 is eligible to vote for the
election of deputies."
Article 11. "Every Turk over the age of 30 is eligible to be a deputy"
Article 12. "Those who are not literate in Turkish (cannot read and write in
Turkish) could not be elected as deputy."
The Turkish Public Law
Article 68. "Every Turk is born free, lives free."
Article 69. "The Turks are equal before the law and without exception are obliged to respect the law."
Article 70. "…………….It is from the Natural Law of the Turks"
Article 88. "Everyone bound to the Turkish State through the bond of citizenship is a Turk."
1961 Constitution ( approved by Act No. 334 and date 9.7.1961)
Article 3. "The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish."
Article 11. "Fundamental rights and freedoms may be restricted by law…… with the aim of safeguarding the indivisible integrity of the State with its territory and nation"
None of the rights and freedoms embodied in the Constitution shall be exercised with the aim of destroying fundamental rights and freedoms or violating the indivisible integrity of the Turkish State with its territory and nation, of destroying the Republic as outlined in the Constitution by creating discrimination on the basis of language, race, religion or sect."
Article 22. "The press is free, and shall not be censored."
"The State shall take the necessary measures to ensure the freedom of the press and freedom of information.
The freedom of the press and freedom of information may only be restricted for the
purpose of……… safeguarding the indivisible integrity of the State with its territory
and nation."
Periodicals published in Turkey may seized by the order of the competent authority designated by law for… publishing material which contravenes the indivisible integrity of the state with its territory and nation."

Periodicals published in Turkey may be closed down by the court decision if found guilty of publishing material which …contravenes the indivisible integrity of the state with its territory and nation"
The provisions contained in this article applies equally to the following articles: the Right to Publish Periodicals and Non-periodicals (Article 24), Right to Use Mass Media Other Than the Press (Article 26), Right to form Association (Article 29), Right to Organise Labour Unions (Article 46)
Article 54. "Everyone bound to the Turkish State through the bond of citizenship is a Turk."

Article 57. The statutes and programmes of political parties shall not be in conflict
with the... indivisible integrity of the State with its territory and nation"
Article 68. "Every Turk over the age of 30 is eligible to be a deputy"
Those who… are not literate in Turkish (cannot read and write in Turkish) could not be elected as deputy."
The Republic of Turkey, according to its definition in political terminology is a Legal,
Militaristic and Bureaucratic state. In other words, its militaristic and bureaucratic
structure has been safeguarded by the constitution and other legal provisions. This
structure manifests its most concrete explanation in the provision for the "National
Security Council" embodied in Article 118. of the Constitution of the Republic of
Turkey (Act No. 2709, 7.11.1982). National Security Council which has a military
predominance, has power over almost every issue ranging from the basic structure
and the functioning of the state to the simple activities of the citizens. Through
its recommendations to the government it can make any legal arrangements, it can
overtly or covertly, intervene in activities of the executive and judicial institutions.
ARTICLE 118. "The National Security Council shall be composed of the Prime Minister, the Chief of the General Staff, the Ministers of National Defence, Internal Affairs, and Foreign Affairs, the Commanders of the Army, Navy, and the Air Force, and the General Commander of the Gendermerie, under the chairmanship of the President of the Republic".
Depending on the particulars of the agenda, Ministers and other persons concerned may be invited to meetings of the Council and their views are heard.
The National Security Council shall submit to the Council of Ministers its views on taking decisions and ensuring necessary co-ordination with regard to the formulation, establishment, and implementation of the national security policy of the State. The Cabinet shall give priority consideration to the decisions of the National Security Council concerning the measures that it deems necessary for the preservation of the existence and independence of the State, the integrity and indivisibility of the country, and the peace and security of society.
The agenda of the National Security Council shall be drawn up by the President of the Republic taking into account the proposals of the Prime Minister and the Chief of the General Staff.
It is important to examine the so-called provisional article 15. of the 1982 Constitution. In actuality, it is the most enduring and the most effective of the all articles of the said constitution.
PROVISIONAL ARTICLE 15. No allegation of criminal, financial or legal responsibility shall be made, nor shall an application be filed with a court for this purpose in respect of any decisions or measures whatsoever taken by: the Council of National Security formed under Act No. 2356 which will have exercised legislative and executive power on behalf of the Turkish Nation from 12 September 1980 to the date of the formation of the Bureau of the Turkish Grand National Assembly which is to convene following the first general elections; the governments formed during the term of office of the Council; or the Consultative Assembly which has exercised its functions under Act No. 2485 on the Constituent Assembly.
The provisions of the above paragraphs shall also apply in respect of persons who have taken decisions and adopted or implemented measures as part of the implementation of such decisions and measures by the administration or by the competent organs, authorities, and officials.
No allegation of unconstitutionality shall be made in respect of decisions or measures taken under laws or decrees having force of law enacted during this period or under Act No. 2324 on the Constitutional Order."
The significance of this provision in addition to showing the militarist structure of the state is that during the time period covered, from 12 September 1980 to 6 November 1983, the generals have almost completed the enactment of the laws regulating social life. 604 Acts and 907 Regulations were made during this period. Regulations other than Acts included Decrees having force of law, Statutes and Provisions. These Acts comprise of, among others, the following: Industrial Act, Political Parties Act, Establishment and trials of Courts Act, Marshall Law Act, States of Emergency Act, the Press Act, Assembly and Demonstration and Marches Act. And according to the provision mentioned above, no allegation of unconstitutionality to the already anti-democratic 1982 Constitution shall be made in respect to those 907 Acts, Decrees and Statutes.
In rest of the world whilst those who took bribes from Lockheed Aircraft Company were tried and sentenced, despite the common knowledge that Tahsin Sahinkaya, a prominent member of the 12th September 1980 Coup, the then Commander of Airforces, took bribes from the said company could not be brought to justice because of the above indicated special provision.
Military and bureaucratic structure of the Turkish State is based on a specific ideology called "Ataturkism" (Also known as Kemalism). Therefore the state’s fundamental structure presents itself as an unrivalled structure in the world.
The Constitution of the Republic of Turkey (CTR) which determines the Turkish state’s fundamental structure and its action, makes it compulsory for the Turkish citizens to think and act in accordance with the ideology of "Ataturkism." In just the same way, the introductory principles of the CTR and its 58th Article makes it compulsory for the state to educate and train its citizens…"in line with the principles and reforms of Ataturk." It is obligatory for the Deputies elected for the TGNA to take-oath of "Ataturkism" as written in Article 81. of the CTR. Any Deputy who does not take this oath cannot qualify as a Deputy. The Turkish State makes it compulsory for its citizens to become Ataturkist.
Once the state’s ideological, bureaucratic and military structure was shielded under the pretext of the threat of communism, today the same structure is protected under the pretext of the existence of the many internal and external enemies. According to those in charge of running the state, all of the surrounding neighbouring states are enemies of the Turkish State. The Kurdish people who are demanding their rights inside Turkey are an enemy people. Because of these reasons the bureaucratic and military structure of the state must be protected.
Needless to say, for this bureaucratic and military structure of the Turkish state to be altered, there have to be significant changes in all of the internal legislations, rules and regulations that they are ameliorated to the contemporary standards and that they are made compatible with the fundamental principles of international law.
The following is a list of examples of Acts, currently in force within the Turkish State.
Acts that restrict fundamental rights and freedoms in general and grant no rights whatsoever particularly to the Kurds.
The Constitution of the Republic of Turkey Act no: 2709.
The Political Parties Act No:2820.
The Labour Unions Act No: 2821.
The Association Act No:2908.
The Press Act No: 5680.
The Anti-Terror Act No. 3713.
The States of Emergency Act No.2935.
The Marshal Law Act No. 1402.
The Procedure of Criminal Trials Act No. 1412.
The Act Concerning the Officials Hearings dated 4 February 1913.
Concerning the Assembly and Demonstration Marches Act No. 2911.
The Duty and Powers of the Police Act No. 2559.
The Deputy Election Act No. 2839.
The Local Administrations and Heads of Districts and Village Council of Elders Election Act No. 2972.
The Cinema, Video and Works of Music Act No.3257.
The Turkey’s Radio and Television Act No. 2954.
The Public Servants Act No. 657.
The Passport Act No. 5682.
The Foreign Language Training and Education Act No. 2923.
The Provincials Administration Act No. 2542.
The Statute Concerning Duty and Work belonging to the register of the population Services dated 8.3.1977 and No. 7/13269.
The Surname Statute dated 24.12.1934 and No. 2/1759.
The National Security Council Act and many more other Acts and Decrees.
The restrictions imposed over the fundamental rights and freedoms in Turkey by those and other similar Acts may be classified under two headings:
Restrictions in force throughout Turkey,
Restrictions concerning the language and cultural existences of the Kurds, Laz People, Circassian, Arabs and others who still live within the boundaries of TR, other than (Armenian, Jewish and Greek) minorities whose existence were assured under the Treaty of Laussanne.
1. RESTRICTIONS IN FORCE THROUGHOUT TURKEY
What follows is a brief explanation of these general restrictions. This study includes only a limited number of Acts containing restrictions.
According to Article 81. of the Political Parties Act, the political parties shall not write in their statutes and programs that there exist in Turkey a people, a different linguistic and religious group other than Turkish people. Political parties writing this shall be dissolved by the Constitutional Court.
Political parties shall not write and publish their statutes and programs in any other language but Turkish.
Political parties shall not use any other language but Turkish in their propaganda and meetings. Posters, Placards etc, which are written in any other language but Turkish shall not be used.
According to the Article 85. of the Political Parties Act, political parties shall not criticise Ataturk, shall not express any words unfavourable to Ataturk’s personality.
According to the Article 97. of the Political Parties Act, political parties shall not criticise the 12 September 1980 Military Coup. They shall not express any words unfavourable to the military rulers of this Coup.
According to the Article 92. of the Political Parties Act, political parties shall not have political ties and engage in political co-operation with associations, unions, co-operatives, etc. They neither shall receive material assistance from these bodies nor give them material assistance.
According to the Article 66. of the Political Parties Act, political parties shall not establish relations with political parties based in foreign countries. Political parties shall not receive assistance from foreign political parties, associations, similar organisations etc, and foreign persons.
According to the Article 11. of the Political Parties Act, civil servants in public organisations and corporations, judges and prosecutors shall not become members of political parties.
According to the Article 11. of the Political Parties Act, persons who have been sentenced in connection with offences described in the Volume 2, Section 1 of the Turkish Criminal Act shall not be founders of a political party.
The provisions contained in Volume 2, Section 1 of the Turkish Criminal Act includes offences from the Mussolini period in regard to crimes committed against the facist state’s Criminal Law Act. When Turkey adopted this Act more prominence was given to the section ‘Offences committed against State’. And the first Article 125. contained in this Section is the most notorious, frequently used article of the Turkish Criminal Act in sentencing the Kurdish people.
Turkish Criminal Act, Article 125. "A person who commits an offence related to an action directed at placing the whole or part of the state territories under sovereignty of a foreign state, diminishing the independence of the state, violating the unity of the state, separating a part of territories from under the administration of the state, shall be punished with the death penalty."
Included in Section 1 of the Turkish Criminal Act are 125-172 articles.
For instance, according to the Political Parties Act, if someone expresses that ‘The Turkish Republic is a racist state’, he/she will be contravening Article 159 of the Turkish Criminal Act. Because this article is contained in Volume 2, Section 1 of the Turkish Criminal Court, a person receiving a sentence due to the above article cannot become a founder of any political party.
According to Article 52. of the Constitution of the Republic of Turkey, labour unions, in addition to being under the general restrictions set forth in Article 13, also shall not pursue a political cause, engage in political activity, receive support from political parties or give support to them, and shall not act jointly for these purposes with associations, public professional organisations, and foundations.
According to the Article 5. of Trade Unions Act, persons sentenced for offences spelled out in Volume 2, Section 1 of the Turkish Criminal Act shall not become founders of trade unions.
According to the Article 58. of the Trade Unions Act, a trade union shall be dissolved in the cases where its administrators are sentenced in connection with offences specified in Volume 2, Section 1 of the Turkish Criminal Act.
According to Article 33. of the Constitution of the Republic of Turkey, associations, shall not pursue political aims, engage in political activities, receive support from or give support to political parties, or take joint action with labour unions, with public professional organisations or with foundations. Associations may be dissolved by decision of a judge in cases prescribed by law. They may be suspended from activity by the competent authority designated by law pending a court decision in cases where delay endangers the indivisible integrity of the State with its territory and nation.
According to Article 4. of the Associations Act, public servants and civil servants in public organisations and corporations shall not establish an association, shall not become members of an association. Likewise, persons sentenced in connection with offences specified in Volume 2, Section 1 of the Turkish Criminal Act shall not establish an association.
According to Article 5.of the Association Act, associations shall not state in their statutes that a different people, minorities of different races, religions, sects, cultures or languages other than Turks exist within the Turkish Republic. Associations shall not seek to develop or promote any other language or culture other than the Turkish language. They shall not write and publish their statutes in any other language other than Turkish. They shall not use any other language other that Turkish in publication of their bulletins, posters and placards.
According to Article 5.of the Association Act, associations shall not collaborate with other associations formed in foreign countries. Associations shall not become members of the federation of associations based abroad . Associations whose headquarters are based abroad shall not operate and set up their branches in Turkey. In order to amalgamate with a foreign based association or a federation of associations, an association formed in Turkey shall need permission from the Council of Ministers.
According to Article 60.of the Associations Act, associations may only receive assistance from foreign persons and organisations with the permission of Interior Minister.
Persons who have been sentenced in connection with offences specified in Volume 2, Section 1 of the Turkish Criminal Act shall not:
In accordance with Article 47/5 of the Public Servants Act, become public servants.
In accordance with Article 22/1 of the Passport Act, be issued with passport.
In accordance with Article 11. of the Deputy Election Act, become a deputy.
In accordance with Article 9 of the Local Administrations and Heads of Districts and Village Council of Elders Election Act, become Mayor, member of Provincial Council, member of Local Council, and Head of District.
As stated above the offences contained in Volume 2, Section 1 of the Turkish Criminal Act are offences specified in 125-175 Articles. These are political offences and any persons who have been sentenced for committing those offences are not to do the jobs listed above. They are not to be honoured with titles. For instance, if someone expresses that ‘The Turkish Republic is a racist state’, he/she will be contravening the Article 159 of the Turkish Criminal Act. Because this article is contained in the Volume 2, Section 1 of the Turkish Criminal Court, a person receiving a sentence due to the above expression cannot anymore qualify for doing the above jobs, cannot become deputy, member of provincial council, head of district, and public servant, etc.
According to Article 19. of the CTR, a person arrested or detained shall be brought before a judge within forty-eight hours and within fifteen days in the case of offences committed collectively. These periods may be extended during a state of emergency, under martial law or in time of war.
These periods are already long enough. But the Turkish legal system does not stop here. According to the Emergency Decree No. 285 and the Act altering the Criminal Hearings Procedures Act No. 3842 dated 18.11.1992, the person arrested or detained in the case of criminal offences committed individually shall be brought before a judge within 4-8 days; and in the case of individually committed political offences and individual offences which fall under the jurisdiction of the State’s Security Courts within 15 days, and in the case of offences committed collectively this period may be extended to 30 days.
The region administered by the State of Emergency Law (predominantly Kurdish) was ruled by Marshall Law between 1978-1987. Since 1987, it has been administered under the State of Emergency. Within the region where the State of Emergency continues, the periods are 4 days in the case of criminal offences and 15-30 days in the case of political offences.
Even in the case involving political offences committed individually, in order to prolong the detention of the accused, security forces would implicate few other persons in the alleged offences through connecting them to the offence (though an act of this nature is known to be "fraudulent against the law") and thereby turn an individual political offence into and a collective political offence and extend the detention period –through this frequently used method- to 1 month.
This practise has been completely turned into a rule within the State of Emergency Region. Despite the explicit provision of the law requiring the accused of an individually committed political offence to appear before a judge within 15 days, in practice this has almost become an exception. More importantly, the security forces do not even observe the maximum 1-month detention period. Most of the time the security forces would not admit the detention of the persons who they have detained, thereby persons are brought before a judge only after a 3-6 months long detention period. The length of the detention periods is one of the most significant causes of deaths and disappearances in the region administered by the State of Emergency Act.
The person detained in connection with the suspected political offences would, in the course of detention, firstly be subjected to questioning under torture and maltreatment, then the person has to be kept under detention until the physical effects of torture and maltreatment disappear so that the person can be brought before a judge.
However, because the European Human Rights Court condemned Turkey for a case involving the length of the detention periods in Turkey, the Turkish State made legal changes in relation to the periods under detention. Turkey reduced the length of detention period, excluding the State of Emergency Region, to 48 hours in case of individual offences and 4 days in case of collective offences. These periods may be extended to 7 days by a Judge decision. In the State of Emergency Region, these periods are 3 days in the case of individual cases, and 7 days in case of collective offences, and 10 days when a judge so decides. Naturally, the changes made to the law and their implementations are, to a large extent, contrasting one another.
A person who is detained in accordance with Article 106 and the articles that follow thereafter may, if the person wishes, see a solicitor and ask for a solicitor to be present during his/her interrogation. However this provision only applies to cases involving criminal offences. According to the Criminal Hearings Procedures Act No. 3842 dated 18.11.1992, this legal procedure shall not apply to cases involving political offences and cases which fall under the jurisdiction of the State’s Security Courts. Therefore it is not possible for a person accused of offences which fall under the jurisdiction of SSC to see a solicitor, nor is it possible for the accused to have a solicitor present during his/her first interrogation in a court before a judge or a prosecutor.
According to the Hearings of the Public Servants Act enacted in 1913 during the Ottoman Empire: Public Servants are subjected to the different procedures in relation to the legal proceedings concerning offences committed by them during the carrying out of their duties. In compliance with this: for the public prosecutors to be able to start the legal proceeding against the public servants who have committed offences, there must be the "Necessity of hearing decision or permission" given by the board with which the servant is connected. This board in administrative districts is "The Board of Administrative District Administration" in provinces is "The Board of Province Administration". For the senior public servants to be subjected to the legal proceedings there must be permission given by the board of the ministry with which the public servant is connected. In a province, this board consists of: Governor, Directorate of Agriculture, Directorate of National Education, Directorate of Health, Head of the Finance Department of the Province and other Directorates of Public Administrations of the province. In a Administrative District the board will consist of : Governor of Administrative District, Health Directorate of Administrative District, Directorate of Administrative District Agriculture, Directorate of Administrative District Finance Department. No member of the Boards is a jurist except the legal counsellors of the Province. If there is a legal counsellor in the Province or Administrative District, he/she will join this board. These boards take their decisions by the majority vote in relation to public servants that have committed offences.
Public Prosecutors inquire to these boards before they commence the legal proceedings against the public servants that have committed offences. These boards then conduct an inquiry about the public servant suspected to have committed an offence. If the boards find the public servant guilty of the offence then they take the "Necessity of hearing decision." The duty of the public prosecutors start at this point and it is only after this point that they can commence the legal proceeding and bring a suit against the public servant. The public servant alleged to have committed the offence has a right to appeal against this decision. If the public servant claims that he/she has not committed such an offence, he/she can appeal to the Division 2 of the Council of State against the "Necessity of hearing decision."
It is only after Division 2 of the Council of State rejects the appeal made by the public servant then the lawsuit document gets to the public prosecutors and then the public prosecutors can commence the legal proceeding and bring a suit against the public servant. Most of the time, due to delay and slowness of this procedure and the procrastination process which sometimes takes the Boards and Council of State many years to forward the lawsuit document, even if there is a "Necessity of hearing decision" taken against a public servant, practically it becomes impossible to take the public servant to the court of justice. The lawsuits expire.
On the other hand, if these boards do not find the accused public servant guilty, then they take the "Refusal of hearing decision". Once this decision is taken in relation to a public servant then there is noting left for the public prosecutors to pursue further. Public servants are acquitted by the decisions of these boards and evade court appearances.
As the above explanations reveal, it is not the jurists or the courts, which decide whether or not the accused public servant is guilty, but most of the times, the non-jurist members of the boards make this decision. In other words, it is the state (thorough this boards) which decides in the first place whether or not the accused public servant is guilty. It is only after this stage that the prosecutors who are jurists can be involved with it. It is arguable if there is another state that has got a trial procedure of this kind.
The execution of this Act in Turkey is crucially important in relation to the lawsuit proceedings against the police officers and jendermeire and their seniors/chiefs, for their misconduct and torturing of the accused persons during the detention period. This legal procedure has to be exhausted before the public prosecutors can commence lawsuit proceedings against the gendarme, the police officers or senior prison officers and prison-guards who take part in the torture and misconduct of the accused persons under detention.
Without going through this legal procedure it is impossible for the public prosecutors to commence lawsuit proceedings against the police officers, gendarme and prison officers (even if the person dies as a result of torture and misconduct under the detention). In cases where this procedure is followed, more often than not, the boards would decide on the "Refusal of hearing decision" instead of the "Necessity of hearing decision" in relation to the crimes of torture and misconduct committed by the police officers, gendarme, and prison officers. This process saves those "public servants" committing crimes like torture and misconduct from having to appear before the court of law. In a couple of exceptional cases where any hearing at all could take place was only made possible by enormous public pressure. For instance, the case of Journalist Metin Goktepe.
RESTRICTIONS RELATED TO MINORITY RIGHTS
It is possible to define these restrictions specifically in relation to the Kurds who live in Turkey and ask for their identity and rights.
As it is known, the state of the Republic of Turkey was founded on the concept of the "Nation State" and it is still ruled within the meaning of this concept. According to this concept every people living within the boundaries of Turkish State, whatever their ethnicity, religion or language, are Turkish and have to be Turkish. Since the foundation of the Turkish State, as a result of the execution of this concept, the minorities living in Turkey and Kurdish people have been subjected to a systematic assimilation policy.
There are provisions embodied in every Act of the Turkish legal system for the purposes designed to prevent the Kurdish people from expressing their identity and culture. It seems as if the Turkish legal system has been built completely on the basis of the denial of the Kurdish identity, language, and culture. This peculiarity will be clearly understood from a brief inspection of the Acts presented below. Every provision has been disguised behind a concept of "indivisible integrity of the Turkish State with its territory and nation".
The concept of "indivisible integrity of the Turkish State with its territory and nation" that runs through every Act and Provision enacted and brought into force in the Turkish Republic, is a deliberately favoured concept chosen to completely block every possible channel through which the Kurds and their rights may find an expression. According to the rulers of Turkey, whatever the reasons or purpose the expression of the Kurds and rights of the Kurdish people is ‘separatism’. To mention the words ‘the Kurds’ and ‘the rights of the Kurdish people’ is to violate the "indivisible integrity of the Turkish State with its territory and nation", this constitutes a major crime. There is no difference here between advocating violence or asking for basic human rights. The mentioning of the Kurds is sufficient enough. Therefore all the democratic avenues are closed for the Kurds.
It is possible to analyse the provisions determining the status of the Kurds under two major headings: A- Fundamental Rights and Freedoms that are forbidden to the Kurds; B-Works in which the Kurds can freely participate.
A- Fundamental Rights and Freedoms that are forbidden to the Kurds
Kurds are forbidden to give Kurdish names to their children.
"…Parents give names to their children. Names may not be given which are illegal or which offend or do not represent the nation's culture, moral values, traditions, or customs." (Population Act No. 1587, Art. 16)
"If an officer determines that the name chosen for the child does not conform to principles stated in Paragraph 1, he will reject the name, prepare an appropriate protocol, and enter this into the family register. At the same time, he will inform the state prosecutor so that a hearing can be arranged to change the name. "The Statute Concerning Duty and Work belonging to the Population Services dated 8.3.1977 and No. 7/13269, Art 77).
"New family names which are permissible are to be drawn from the Turkish language. Names from foreign races and nations may not be used as family names." (Statute Concerning Family Names, 24 December 1934, No. 2/1759, Articles. 5-7)
As can be seen from the Turkish legal system, Kurds are not allowed to give their children Kurdish names. Because the existence of Kurdish people is not tolerated in Turkey, Kurdish names are viewed as contradicting Turkish national culture. They are seen as names from a foreign race and nation. As a result of this prohibition the majority of Kurdish people in Kurdistan have two names; one official and one real one.
In the cases where Kurdish parents give Kurdish names to their children, the public prosecutors initiate lawsuit against the parents and the Kurdish names are changed by the court decisions. In conjunction with this, thousands of Kurdish names were forcibly changed in the aftermath of the 12 September 1980 military coup, for example for girls, Zozan was changed to Suzan, and for boys, Rosan was changed to Resat. Parents who resisted this were threatened by police and interrogated.

At the present time, there are "Name Catalogues" especially in Kurdistan and Turkey, which has lists of Turkish names that the Kurds could use in naming their children. And names are often forcibly changed as a result of threats. These name catalogues have even been sent to the birth registration offices abroad (for example Germany) in an attempt to prevent the use of the Kurdish names abroad too.
Kurds may not use Kurdish place names for cities towns and villages
where they live.
"…Village names which are not Turkish and are causing confusion shall be changed by the Interior Ministry soon after the expressed view of the Standing Provincial Councillor" (Art. 1 Section D/2 of the Provincial Administration Act No. 5442 which came into effect on 10 June 1949)
This Act is one of the most revealing example of how the Kurds are subjected to the assimilation and how the provisions are made in the legal system. Initially the Kurdish names of cities and towns were replaced by the Turkish names followed by the gradual replacement of all the Kurdish names of the villages by Turkish names. Currently, there is not a single village or a town whose name has not been replaced by the Turkish one. The pretext used for the replacements of the names is prevention of the alleged confusion caused by the use of the original Kurdish names.
Of course this is not telling the truth. Because the real confusion was really caused by the replacement of names of the places, where the Kurds still use the Kurdish names but burdened with the imposition of this new alien Turkish names. It is clear that the pretext used does not tell the real story. The real reason is the concealed assimilation process and racism. It is related to the process of the elimination of everything related to the Kurds and Kurdishness. It is still forbidden for the Kurds to use Kurdish names of cities, villages and towns before the official authorities.
3. Kurds may not express their thoughts in their native language, Kurdish:.

"…The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish. This provision shall not be amended, nor shall their amendment be proposed….". (The Constitution of the Republic of Turkey, Articles. 3-4)
"…Everyone has the right to express and disseminate his thought and opinion by speech, in writing or in pictures or through other media, individually or collectively.
No language prohibited by law shall be used in the expression and dissemination of thought. Any written or printed documents, phonograph records, magnetic or video tapes, and other means of expression used in contravention of this provision shall be seized by a duly issued decision of a judge or, in cases where delay is deemed prejudicial, by the competent authority designated by law"… (The Constitution of the Republic of Turkey, Art. 26).
As the above Articles clearly indicate, the Kurds are prohibited by law to express their thoughts in their own Kurdish language. Because the expression of thought in Kurdish language by the Kurdish people is seen as an attack on the "indivisible integrity of the Turkish State with its territory and nation" and such an activity is regarded as "Separatism".
In the same way, the Turkish state’s authorities regards the expression of thought by the Kurds in their own Kurdish language as an act of violation of the language unity in Turkey.
It is the Kurdish language, which is targeted by the use of the expression "language prohibited by law" contained in various articles of the Turkish Constitution. The provisions for the prohibition of the Kurdish language was initiated by the implementations of the "East Reform Plan" in the 1930s. This prohibition was specifically reshaped by the Act No. 2932 after 12 September Military Coup. However this Act was revoked by the Act No. 3713 dated 12 April 1991, as a result of reactions shown both internally and externally. The revocation of this act has been publicised in the world and Turkey as a major Kurdish reform by the successive Turkish governments.
On the contrary, the actuality is not at all like the propaganda made by the Turkish governments. The actual situation is just the opposite. Under the current legal system, even if the content does not constitute an offence, Kurdish music cassettes, videos, and other publications are easily confiscated and never returned back to their proprietors by the Turkish prosecutors and the police/jendarmerie who claim that the content constitute an offence that is not understood and that a delay is deemed prejudicial. According to Article 8 of the Duty and Powers of the Police Act No. 2559 currently in force, the police and the public prosecutors have power to confiscate these works and materials of thought dissemination.
4. According to Turkish laws, the Mother-language of the Kurds is Turkish, not Kurdish. The Kurds shall not open any schools or courses, which offer training and education in Kurdish language.
"The Turkish State, with its territory and nation, is an indivisible entity. Its language is Turkish"(TR Constitution Article 3).
"…No language other than Turkish shall be taught as mother tongue to Turkish citizens at any institutions of training or education"…(TR Constitution Article 42).
"…No language other than their mother tongue Turkish, shall be taught to Turkish citizens…"(The Foreign Language Training and Education Act No.2923 Article 2/a).
The Article 2 of the Act No 2932 revoked (by the Act No 3713 dated 12 April 1991) embodies the prohibition of Kurdish language as follows: "It is prohibited to express, disseminate and publish thoughts in a language other than the first language of the states recognised by the Turkish state". The provisions of international treaties to which Turkey is a signatory, and the provisions concerning training, education, scientific research and the publications of public institutions and corporations are reserved. Thereby the prohibition of the Kurdish language is secured.
"…Foreign languages to be taught in institutions of training and education and the rules to be followed by schools conducting training and education in a foreign language shall be determined by law. The provisions of international treaties are reserved."(TR Constitution, Article 42)
"Foreign languages to be taught in Turkey are to be determined by Cabinet Ministers with due consultation with the National Security Council…"…"(The Foreign Language Training and Education Act No.2923 Article 2/c).
According to the provisions contained in the above articles the Mother tongues of all Turkish citizens living in Turkey is Turkish, irrespective of whether they are from a Turkish origin, from a foreign origin, or from any other origin. Therefore, the official mother tongue of the Kurdish people living in Turkey is not Kurdish but Turkish.
Again according to these provisions, irrespective of whether their mother tongue is Turkish or not, no other language shall be taught to Turkish citizens as their mother tongue. As a result, Kurdish language cannot be taught, as their mother tongue, to the Kurdish people living in Turkey as Turkish citizens. Kurds have to learn Turkish.
Mother tongue, which is connected to a person’s sociological reality, is being imposed on people living in Turkey through the provisions of the Turkish legal system. In other words, these legal provisions have been made on the basis of this thought: contrary to all sociological reality the mother tongue of every Turkish citizen is Turkish. It will be extremely hard to find a similar legal provision in any other part of the world.
Another Act No. 2932 called the "Forbidden languages in Turkey" enacted after the 12 September 1980 military coup. This law also contained the same provisions as explained above. It is important to know that the provisions prohibiting the Kurdish language is not only limited those contained in the Act No. 2932, which was repealed. The same provisions are embodied in a number of Acts in force in Turkey.
According to the provisions of prohibition of Kurdish language referred in this section, Kurds shall not establish schools, which use Kurdish as a teaching language. The Kurds shall not open training courses to teach their children their mother tongue. For the Kurds to be able to establish Kurdish teaching school or courses in addition to the necessary changes that have to be made to the Constitution and to the laws, there is also a need to obtain permission from the National Security Council and Cabinet Ministers. For example, the "Mesopotamian Culture Centre" in Istanbul organised a Kurdish language course for its members. This course was banned by the Governor and the Education Ministry in February 1992 on the orders of the National Security Council. For more than 100 years, there have been Greek and Armenian schools in Turkey. Many schools teach courses in English, French, and German, and no special permits are required for these courses. But Kurdish language courses and Kurdish schools must be approved by the National Security Council and the Council of Ministers. According to Turkish laws, Kurdish is not a language, which is spoken in Turkey, rather it is a foreign language, because according to official Turkish policy there are no Kurds in Turkey. State institutions have regulated Greek and Armenian schools according to the clauses of the Treaty of Lasuanne which deals with minorities in Turkey. Because this treaty did not foresee a minority status for Kurds (since the Kurds are not an official minority), Kurds are prohibited from teaching their own language in schools and from organising Kurdish language courses. Officially, Kurds are not a minority, rather they are an integral part of the state. In other words, they are a fixed part, not a minority, meaning that Kurds have no language and may not speak Kurdish, rather they must abandon their language and identity and become assimilated so that they can be an integral part of the state!
5. No one in Turkey shall claim that Kurds exist as a separate people or minority.
"All forms of written and oral propaganda, including gatherings, demonstrations, or protest marches, which have as their aim the destruction of the territorial and national integrity of the Turkish Republic, are prohibited. Any violation of this will result in a prison term of 2-5 years and a fine of 50-100 million TL." (The Anti-Terror Act No. 3713, Art. 8)
"Anyone who commits a crime on behalf of a terrorist organisation, even without being a member of such an organisation, will be treated as a terrorist and will be punished in the same manner as a member of that organisation." (The Anti-Terror Act No. 3713, Art. 2/2)
Sections 2 and 3 of the revoked Article 142 stated that "the thoughts of Kurdish nationalists are a form a separatism" and proposed heavy sentences. After Article 142 was revoked, however, the content of this article was simply transplanted into the Anti-Terror Law which made certain forms of expression criminal offences. In other words, the crime of Kurdish expression was abolished and then a new law was passed which made the same expression a crime. This shows how Turkey sees the Kurdish people. No one is allowed to claim that Kurds exist in Turkey, that they are people of a different race and ethnic group than the Turks, that they are a separate nation with a right to self- determination, or that this people should have their own cultural rights. According to the Turkish authorities, such claims are a form of propaganda which violate the national and territorial integrity of the Turkish State. Such claims or propaganda are, therefore, terrorist crimes and those who spread such propaganda are terrorists and must be treated as such. In fact, such laws have resulted in the daily confiscation of books, magazines, newspapers, and other printed materials in Turkey. Publishers, editors, and correspondents have all been put on trial.



6. Kurds in Turkey cannot produce publications in the form of newspapers and magazines. The importation of publications about the Kurds, which have been published in other countries, is prohibited.
"The press is free, and shall not be censored…. Publication shall not be made in any language prohibited by law….Anyone who writes or prints any news or articles which threaten the internal or external security of the State or the indivisible integrity of the State with its territory and nation, which tend to incite offence, riot or insurrection, or which refer to classified State secrets and anyone who prints or transmits such news or articles to others for the above purposes, shall be held responsible under the law relevant to these offences. Distribution may be suspended as a preventive measure by a decision of a judge, or in the event if a delay is deemed prejudicial, by the competent authority designated by law."
"Periodical and non-periodical publications may be seized by a decision of a judge in cases of ongoing investigations or prosecution of offences prescribed by law; and, in situations where delay could endanger the indivisible integrity of the State with its territory and nation, national security, public order or public morals and for the prevention of an offence by order of the competent authority designated by law….Periodicals published in Turkey may be temporarily suspended by court sentence if found guilty of publishing material which contravenes the indivisible integrity of the state with its territory and nation, the fundamental principles of the Republic, national security and public morals. Any publication, which clearly bears the characteristics of being the continuation of the suspended periodical, is prohibited; and shall be seized by a decision of a judge. "(TR Constitution Article 28).
A printing press or its annexes duly established as a publishing house under law shall not be seized, confiscated, or barred from operation on the grounds of being an instrument of crime, except in cases where it is convicted of offences against the indivisible integrity of the State with its territory and nation, against the fundamental principles of the Republic or against national security. (TR Constitution Article 30).
"Printing houses which print banned publications shall be closed down." (Additional Art. 2 of the Press Act No. 5680)
"The importation and distribution of published materials which are produced in foreign countries and which violate the territorial and national integrity of the state, national sovereignty, the existence of the Republic, national security, the public and general order, the public interest, general morals, or the health of the people can be banned by the decision of the Council of Ministers." (The Press Law No. 5680, Art. 31/1)
Due to these legal restrictions, it is forbidden to import publications about the Kurds, which are published abroad. Whether or not the content is criminal or not, the Council of Ministers can prohibit the importation of publications into Turkey which deal with the Kurds. Under these same laws, it is forbidden for Kurds to publish newspapers and publications in their own language or in Turkish. It doesn't matter if their content is criminal or not, the police or state prosecutor can simply confiscate any publication, which has to do with the Kurds. Even if a court decides that the publication is not criminal and the publisher or author is acquitted, the confiscated publications are not returned. Although publishers in Turkey can't actually be closed down, publishers, which produce works about the Kurds, are closed down under these laws. The government and the Interior Ministry often make use of this right.
7. Kurds in Turkey cannot produce any theatre performances, videocassettes, musical works, films, etc.
"…Films, video cassettes, and musical works must be legally registered…." (The Cinema, Video and Works of Music Act No.3257.)
"…Any work can be banned or subjected to prosecution which incites people to commit crimes with respect to the territorial and national integrity of the state, national sovereignty, the Republic, national security, the public and general order, or the public interest, general morals, and health…." The Cinema, Video and Works of Music Act No.3257 Article 9/f).
"…Indoor assemblies during which plays, films, or video cassettes are shown which violate the territorial and national integrity of the state, the Constitutional social order, or general security and morality can be banned on the order of the highest ranking local police official…." The Duty and Powers of the Police Act No. 2559 Art. 8)
According to the articles of these acts, the production and display of films, videocassettes, music cassettes, and theatre performances in Turkey are dependent on the approval of the Ministry of Culture. It is forbidden to display such works without first having received a permit from the Ministry of Culture. If producers or publishers create a work in Kurdish and then seek to get a permit from the Ministry of Culture, permits are always denied simply on the basis that the works in question violate the territorial and national integrity of the state.
8. Existing TV and Radio stations in Turkey are not allowed to broadcast in Kurdish. Kurds in Turkey are not permitted to establish radio or TV stations for Kurdish broadcast
"…The State has a monopoly over the regulation of radio and TV transmissions, both domestic and foreign." (The Turkey’s Radio and Television Act No. 2954 Article 4)
"…Radio and TV stations are required to broadcast their programmes in Turkish."
(The Turkey’s Radio and Television Act No. 2954 Article 5).
"…Radio and TV stations are required to keep the content of their programmes within the Constitutional framework and in line with and to protect the territorial and national integrity of the state, national sovereignty, the Republic, and the public order and interest…" (The Turkey’s Radio and Television Act No. 2954 Article 5).
As the articles of these acts show, there is a state monopoly in Turkey over all radio and TV stations. (Nonetheless, the state monopoly was lifted by the latest provision but all other restrictions remains the same and it is illegal to broadcast private transmissions in Kurdish).
Not only it is not possible for Kurds to set up TV and Radio stations but also the currently established state and private stations are prohibited to broadcast in the Kurdish language. Furthermore, the Turkish State even interferes, through sending illegal jamming signals, intercepting the transmission signals of the Kurdish satellite station Med TV based in London.and regulated by the British ITC (Independent Television Commission). Finally, it is not possible to make an objective program about the Kurds even if it is in Turkish without contravening "territorial and national integrity of the state".
9.The Kurds in Turkey, cannot establish political parties in their name which can defend their rights, existing political parties in Turkey can not claim the presence of a different nation or minority other than Turkish. They are not able to pursue legitimate claims for Kurdish national rights.
"...the regulation and programs of political parties can not violate the indivisible unity of a state’s people and its territory, it’s human rights, the sovereignty of the nation, and the principles of the democratic and secular republic..."(TR constitution 68/4).
"Political parties can not function beyond the boundaries of their programs and regulations nor beyond restrictions specified in article 14 of the constitution. Those who do, are permanently closed down".
"Political parties can not claim there are nationally or religiously, culturally or denominationally, racially or linguistically different minorities. They can not pursue a goal towards the indivisible unity of the nation through conserving or broadcasting, or developing cultures or languages other than Turkish culture and language, which may lead to create minorities on the land of the Turkish Republic. They cannot use any other languages other than Turkish in writing and publishing in their programs and regulations, and in their congress and propaganda. They can not use or distribute placards, plates, records, audio or visual records, brochure and written statements written in a language other than Turkish. They can not be indifferent to those acting and proceeding in this manner. However, their program and regulations may be translated into a foreign language of which has not been banned by any law..."(Political Parties Act no 2820, Article 81).
"The right to establish a political party can not be used, to violate the main introductory principles of the constitution and indivisible unity of a state’s people and its territory, to encourage a language, religion and denomination and regional differences in any manner, to establish a state, or system that relies on such concepts and ideas of any kind of dictatorship..."( Political Parties Act no 2820, Article 5).
According to the articles mentioned above, Kurds can not establish a political party that aims to conserve and develop their minority rights, culture and language. Existing political parties cannot claim there exists any other nation or minority (eg. Kurdish nation or any other minority) other than the Turkish Nation in Turkey. They can neither express ideas or act nor include as an objective to conserve or develop the rights of other nations or minorities in their programs. Political parties that violate these prohibitions, are subject to being permanently closed down by the Constitutional Court. The members of parliament who belong to such parties automatically lose their immunity and membership.
As a matter of fact , TIP(Turkish Labour Party) in 1972, SP(Socialist Party) in 1990, TBKP(United Communist Party of Turkey) in 1992, HEP(Popular Labour Party) in 1993, OZDEP(Freedom and Democracy Party) in 1993, DEP(Democracy Party) in 1994, EP(Labour Party) in 1997 have been closed down as a result of violating these prohibitions by either including the existence of a Kurdish Nation in their programs or acting in such a manner. DEP(Democracy Party) which was represented by 18 MPs in the TGNA was closed down by the Constitutional Court with accusations of the violation of the above mentioned laws. The MPs of the party lost their immunity and membership of the TGNA. Eight of these MPs who refused to go into exile and stayed in Turkey, were captured and sentenced to up to fifteen years imprisonment. These MPs had the overwhelming support of Kurdish people and in fact were elected by gaining about 72% of the votes in Kurdish constituencies.

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