CYPRUS COUNTRY  REPORT ON HUMAN RIGHTS PRACTICES FOR 1998

A REPORT ON THE TURKISH CYPRIOT RESPONSE TO THE SAID COUNTRY REPORT

 ALPAY DURDURAN

1. It is recorded at the para.1 that judiciary is independent in both communities. Turkish Cypriots believe other wise. Legally it is independent but as the other institutions judiciary too is under the state control. Here state control should be understood as a block both Turkey and Turkish Cypriot administrations.

2. As report said at the para 2 in the northern part military force directs police force. But it should be added that military force is the Turkey's military force.

              It must be noted that when military intervenes police respects the orders not the rule of law: Parallel law.

3. Para 3 said that the Turkish Cypriot economy ...relies heavily on subsidies from Turkey but did not mention that Turkish Cypriot economy is heavily under the control of Turkey's foreign office too.

4. Under the heading of Cyprus, report said that the Turkish Cypriot authorities generally respect human rights norms and practices. But although it is true it should be said that the people that much frightened that very few of them dare to come out and use some rights which can be considered contrary to a national cause. One of that few was Mr. Kutlu Adali as reported. His death was very clearly an act of frightening the others that no one dare to exercise that kind of rights. There are other practices too. The placing bombs in front of houses of political persons, firing at political party buildings, etc.

           In the northern part there is a reign of terror :

a. Anyone who dares to criticise a determined national cause falls under continuing scrutiny by the state and Turkey's agencies.

b. Even the businessmen are fearful of the state. When they feel they have to intervene for a determined national cause they believe that they will be named as a traitor and face arbitrary restrictions like discriminating against about tenders, state contracts and search for income tax irregularities. They all experienced such harassment.

c. Anybody when classified as opposition knew that can not be treated fare there fore young ones hesitate to show up as such.

d. State some time punishes people by creating a favoured competitor. It changes      customs and excise duties or other cost factors or subsidies or loans with less and in reality minus interest rates for a competitor.

e. A person in the court when facing libel case by Mr. Denktas said to the face of the judges that he could not bring one to the court of justice because none of the lawyers had the courage to take the case. That example showed that in front of the law not everybody is equal.

f. State is the sole authority to design curriculums of the schools of all kind. Teachers teach children and some time make them enemy to their parents. No body has the right to object.

g. Press seems free but where the people is not free it can not work freely. At the same time state subsidies goes to the loyal ones and the others face difficulties.

h. People can not change government because population is not stable. Emigration of the Turkish Cypriots continue and the number of the Turks from Turkey changes. Turks from Turkey mostly settle for a while then return to Turkey.

i. Parliament beside other things unanimously read a report by the ad hoc committee for investigation of the elections at the years 1990 and 1993 which it concluded that there were foreign interferences in the elections by Turkey and at the year of 1990 election was determined by turkey's interferences.

j. At the constitution person has the right of privacy including person's belongings. That right excludes violations except by an order of a court of justice or a judge in cases expressly defined by law. But police stationed officers at the Pyla gate and search passers bodily, their belongings and papers. Very few objected but none sued police because they believe it will be a futile act.

k. Police started search campaigns like Turkey's police. Without a proper warrant they search persons and their cars and night clubs, cafeterias, pubs, etc. where usually youth entertain.

l. Police force changed in character. Now Turks from Turkey are majority in the force.

      All these examples above show that people as a whole afraid of the state and the authorities do not feel constrain by people. Not only the poor or the young one or the dissent scare but the rich one too. There fore a parallel law other then the constitutional law was created. When somebody think it related to the high authorities does not dare to object but bow to the parallel law.

      The report actually mentioned the existence of a parallel law at section 1.d and at places where practices by police and army were mentioned. Rights were violated, power abused but they were not reported that cases was subjected to the court of justices are evidences that there is a parallel law. People knew the futility of suing.

      Recently both the president of Turkish part and the prime minister started to meet with the president of the supreme court and the attorney general weekly. That practice is believed will strengthen the parallel law and weaken the power of the judiciary.     

5. Under the heading of respect for human rights section 1.a report did not mentioned that police never give proper information to public about the result of their investigations. Victims or families of them could only get information years later from newspapers. For an example bombs placed under a car years later revealed that was C3 and 3kg. Another example the gun that was used by the killer revealed years later that that was a UZI.

6. At section 1.c. report said prison conditions in general meet minimum international standards but the parallel law required some means for extra judicial punishment and had been found as police detention rooms with poor condition. As the report put it rightly at section 1.d." The suspects are then released without charges having been filed", but they having been punished extra judicially.

7. At the section 2.a. report held that " Academic freedom generally is respected through out the island. But in reality the two letters that was published by press told another story. The counsel of High Education of Turkey wrote those letters and was understood that universities are under close control.

   One of the letters is translated below:

         Republic of Turkey
         Presidency of the Counsel of High Education (YOK)
   No: B.30.0.PER.0.00.00.01-05.001-6526
                                        Bilkent/Ankara
                         Dear Prof. Ozay Oral
                              Rector of the Eastern Mediterranean
                              University

   Onn. Our write no.08.01.1998 date and B.30.0.PER.0.00.00.01-05.001-0314-0191

          In the context of recent developments regarding the subject of Cyprus;                             in   order to make ineffective the negative propaganda of the Greek administration of southern Cyprus and Greece which is being supported by the European Union, to strengthen the unity and cooperation in the TRNC and to upgrade loyalty to Turkey it was viewed proper to exercise those activities which included at our ref. Letter with priority and special weight.

   I call your attention and the importance of the reporting the results of then operations which should be carried on.

                                                  Kemal Guruz
                                                  President

     That translated letter refers to a previous letter about directing the university to give work to the students on politics of the Greece Cypriot Greek relations to prepare thesis and studies. Reporting back was asked too as a superior.           

8. Freedom of association was mentioned in the report in the section 2.b. as a right that is protected by law, and the government respects these right in practice but actually that respect is not full. There are examples that by rejecting to register an association government denies the right of having legal identity. An association without a legal identity can not own any property or sue anybody or apply to the constitutional court for demanding a law vital to its aims to be reviewed by: Another example about the existence of a parallel law.

9. Freedom of religion is said at section 2.c. that is generally respected but not fully. As it was a practice in the history it is free to practice in the recognised group of same religion but living a religion was prohibited and recognition was a problem. Contemporary tradition thus is that living or changing a religion is not a crime however it is an act contrary to the public feelings and a culprit cannot expect state protection. At the same time a not recognised religion like Bahaites' religion has no freedom. Their demand of a graveyard did not met yet, too. A Bahaite is taken to a graveyard by a Sunna orthodox Muslim ceremony.  

10. Section 3. Dealt with political rights that all section is full of realities but it should include interferences by state and Turkey. I like to remind that state considers a duty to guide public opinion and disinformation is not a crime.

10. Section 4. is the best indicator of restrain on human rights by lack of solution to the Cyprus problem.

11. Section 5. and section 6. Revealed the mismatch of laws and practices. The authorities do not wary about affirmative actions.

CONCLUTION

       Basic resources allocated to keep people under the control of the central authority  and human rights dealt with accordingly. The rights and freedoms when deemed a threat to the control of the people is suppressed by parallel law. That control includes making the electorates to vote for the loyal parties too.