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TITLE:  TURKEY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995









                             TURKEY


Turkey is a constitutional republic with a multiparty 
Parliament (the Grand National Assembly) which elects the 
President.  Suleyman Demirel was elected President in 1993, and 
Tansu Ciller, chairperson of the center-right True Path Party 
(DYP), became Turkey's first female Prime Minister in the same 
year.

For the past decade, Turkey has engaged in armed conflict with 
the terrorist Kurdistan Workers Party (PKK), whose stated goal 
is the creation of a separate state of Kurdistan in 
southeastern Turkey.  A state of emergency, declared in 1987, 
continued in 10 southeastern provinces where the Government 
faces substantial terrorist violence from the PKK (see Section 
1.g.).  A regional governor retains authority over those 10 
provinces, as well as 3 adjacent ones.  A state of emergency 
allows the civilian governor to exercise certain quasi-martial 
law powers, including restrictions on the press and removal 
from the area of persons whose activities are deemed hostile to 
public order.  The state of emergency decree was most recently 
renewed in November 1994.

The Turkish National Police (TNP) are charged with maintaining 
public order in the cities, a responsibility which the Jandarma 
(gendarmerie) carries out in the countryside.  In 1994 the 
regular Turkish armed forces, mainly the army, took on a 
primary role in combatting the PKK in the state of emergency 
region and thus assumed a greater internal security function 
than in previous years.  Despite the Ciller Government's pledge 
in 1993 to end torture and to establish a state of law based on 
respect for human rights, torture and excessive use of force by 
security personnel persisted throughout 1994.

Turkey has a mixed economy in which state enterprises account 
for nearly 40 percent of the manufacturing sector.  A series of 
economic crises culminated in the announcement on April 5 of a 
major economic reform program, including the privatization of 
state-owned enterprises.  Although the balance of payments 
improved and inflation slowed, prices still increased over 100 
percent in 1994.  The size of the state bureaucracy, the budget 
deficit, the inadequate tax system, and the inefficient state 
sector block economic growth.  The conflict in the southeast 
continued to be a major drain on the economy.

The human rights situation in Turkey worsened significantly in 
1994.  The police and security forces often employed torture 
during periods of incommunicado detention and interrogation, 
and the security forces continued to use excessive force 
against noncombatants.  PKK terrorists murdered noncombatants, 
targeting village officials and teachers and also committing 
random murders in their effort to intimidate the populace.

Parliament lifted the immunity of pro-Kurdish Democracy Party 
(DEP) members of Parliament (M.P.'s), opening the way for 
indictment and prosecution of five DEP M.P.'s and one 
independent, largely for the expression of views during their 
tenure as M.P.'s.  The Constitutional Court subsequently closed 
the DEP, allowing two other M.P.'s to be prosecuted.  The trial 
concluded on December 8 with convictions for disseminating 
separatist propaganda and for supporting or being a member of 
an armed band, which resulted in sentences ranging from 3 years 
and 6 months (suspended) to 15 years.

Various agencies of the Government continued to harass, 
intimidate, indict, and imprison human rights monitors, 
journalists, lawyers, and professors for ideas which they 
expressed in public forums.  Disappearances and mystery murder 
cases continued at a high rate in the southeast.  The PKK and 
the radical Islamic Hizbullah (not related to the Lebanese 
Hizbullah) appear responsible in some cases.  In other cases, 
however, the evidence implicated government security forces.  
In many human rights cases, the targets of abuse were ethnic 
Kurds or their supporters.  Moreover, the Government 
infrequently prosecutes police or security officers for 
extrajudicial killings, torture, and other abuses; in the cases 
which produce a conviction, lenient sentences were usually 
given.  The resulting climate of impunity that has been created 
probably remains the single largest obstacle to reducing 
unlawful killing, torture, and other human rights abuses.

The Government used the 1991 Anti-Terror Law, with its broad 
and ambiguous definition of terrorism, to detain both alleged 
terrorists and a broad range of people on the charge that their 
acts, words, or ideas promote separatism and "threaten the 
indivisible unity of the State."  In September the Government 
formed a Committee on Freedom of Thought to examine changes to 
the Anti-Terror Law and other laws that severely restrict 
freedom of expression.  By mid-October the Committee had made 
recommendations to Parliament which, if enacted and properly 
implemented, could significantly expand freedom of expression.  
However, at year's end, Parliament had not enacted these 
changes.

While the Criminal Trials Procedure Law (CMUK), passed in 
November 1992, has improved attorney access for those charged 
with common crimes, certain of its provisions, such as early 
attorney access, do not apply to those detained under the 
Anti-Terror Law or within the state of emergency region.  In 
1993 Parliament annulled the article of the Constitution under 
which the Government had a monopoly on radio and television 
broadcasting, and in April 1994 passed regulatory legislation 
for the legal operation of private broadcasting.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Political murders and extrajudicial killings attributed to  
Government authorities and terrorist groups continued at the 
relatively high 1993 rates.  Government authorities were 
responsible for the deaths of detainees in official custody; 
suspects in houses raided by security forces; and other types 
of civilian deaths in the southeast.  The Human Rights 
Foundation of Turkey (HRF), a Turkish nongovernmental 
organization which documents the human rights situation, 
claimed that government security forces were responsible for 33 
extrajudicial killings in the first 10 months of 1994.  A 
substantial number of "mystery killings," in which the 
assailant's identity was unknown, also occurred.

Human rights organizations also maintain that security forces 
were complicit in a number of these "mystery killings."
The Government maintains that the Hizbullah, an Islamic 
terrorist group, carried out 107 "mystery killings" in the 
first 9 months of 1994.  The number of "mystery killings" 
remained high during the first 10 months of 1994 and, according 
to the HRF, 316 civilians were assassinated by unknown 
attackers, mostly in the east and southeast of the country.  
Many were leaders or prominent members of the Kurdish 
community, physicians, human rights monitors, local 
politicians, and members of the Democracy Party (DEP).  In the 
past 2 years, at least 26 members of the DEP and its successor, 
the People's Democracy Party (HADEP), have been murdered.

A parliamentary committee, which commenced its investigation in 
1993, continued to investigate mystery murders which have 
occurred since 1970, but had issued no report by year's end.

The HRF reported that 18 persons died under suspicious 
circumstances while in official custody in the first 9 months 
of 1994, some as a result of torture.  Of these, officials 
claimed that at least five committed suicide, a claim they have 
made frequently in past cases of deaths in custody.  In one 
such case, Can Demirag, detained by Istanbul police in 
connection with a murder, was found dead on August 23 in his 
cell in the Kadikoy security directorate where he was being 
interrogated.  Police claimed Demirag had committed suicide by 
hanging himself with a sheet on the iron grating of the 
ventilation window in the cell; the Istanbul prosecutor's 
office opened an investigation into his death, but by year's 
end had not released any information.

By law, authorities are obliged to investigate all deaths in 
custody, but prosecutions of security force members for such 
deaths are rare.  In one case, however, in September, the 
Istanbul Beyoglu district prosecutor's office  brought murder 
charges against police officer Abdullah Bozkurt on the grounds 
that in March he shot to death university student Vedat Han 
Gulsenoglu in the Istanbul Kasimpasa district police station.  
The prosecution requested a 30-year sentence for murder.

In the southeast there were a number of murders of persons who, 
according to the authorities, had been released or were not in 
custody, but whose families were certain they were being held.  
For example, the Diyarbakir State Security Court (SSC) took 
Necati Aydin into custody in March.  On April 4, the judge 
signed a release for Aydin, but he never emerged to meet his 
waiting family.  On April 9, the bodies of Aydin and a friend, 
Mehmet Ay, were found buried to their necks near a river along 
the Diyarbakir/Silvan road.  The Government states that the 
Diyarbakir Third State Security Court released Aydin and Ay on 
their own recognizance, and that they later turned up dead.

In April, five village guards (a government-employed 
paramilitary force in the southeast) abducted Diyarbakir 
tradesman Serif Avsar in broad daylight.  Avsar's family 
followed them to a Jandarma station, yet authorities denied 
they were holding Avsar.  He was found dead on May 7.  The 
village guards and an informant are on trial for Avsar's 
murder.  The Government maintains the murder resulted from an 
interclan dispute.

Regarding other ongoing cases, in the death in detention of 
Vakkas Dost, the policeman Nurettin Ozturk is still at large, 
and the trial is continuing.  The trial in the case of Yucel 
Ozen in continuing.  The trial of the 11 police officers in the 
Basalak case is ongoing.

Human rights groups and parliamentarians continued to accuse 
Turkish security forces of carrying out extrajudicial killings 
and using excessive force during raids on alleged terrorist 
safe houses rather than trying to arrest the occupants.  During 
the first 10 months of 1994, 27 people died in such raids, 
according to human rights groups.  In Istanbul, two trials were 
started against police who had participated in two Dev Sol 
(Devrimci Sol, a Marxist terrorist group) safe house raids in 
November 1993 in which three persons died.  In another case 
stemming from a May 1991 safe house raid in Istanbul in which 2 
died, 12 security officers were acquitted.

In an April 1993 shoot-out in Tunceli, 12 Dev Sol militants 
were killed.  No investigation was initiated; according to 
security forces, an investigation was unnecessary since it was 
an armed clash.

Prominent credible human rights organizations, Kurdish leaders, 
and local Kurds asserted that the Government acquiesces in, or 
even carries out, the murders of civilians.  Government 
officials appeared to be investigating more of the reported 
murders than in past years.  Some victims had previously been 
detained, abused, or threatened by security forces.  Human 
rights groups reported the widespread and credible belief that 
a counterguerrilla group associated with the security forces 
had carried out at least some "mystery killings."  The 
Government maintains that two factions of the Hizbullah 
committed most "mystery killings."  In June the Diyarbakir SSC 
prosecutor's office launched the first trial against 35 members 
of Hizbullah's Menzil faction, claiming that the defendants 
were responsible for 39 armed attacks, resulting in 25 deaths 
and 32 injuries.  A second trial against members of Hizbullah's 
Ilim faction began at the Diyarbakir SSC in July.

On September 4, 1993, unknown persons fatally shot Mehmet 
Sincar, a DEP member of Parliament (MP) from Mardin, in the 
city center of Batman.  Twelve persons were arrested in 
connection with the murder, and the case is currently being 
tried.  Sincar's widow has accused government forces of 
committing the murder and has brought the case before the 
European Human Rights Commission.

Four members of the HADEP, successor party to the banned DEP 
(see Section 2.b.), were assassinated in the southeast during 
September.  No evidence as to the identity of the perpetrators 
has been brought to light, and no arrests were made in these 
cases.  Faik Candan, former Ankara provincial Chairman of DEP 
predecessor HEP, was found dead on December 14, shot four times 
in the head, neck, and chest, according to press reports.

In contrast to 1993, there were no assassinations of 
journalists in 1994, but at least one journalist disappeared 
(see Section 1.b.).  A distributor of the pro-PKK newspaper 
Ozgur Ulke was killed in the explosion that ripped through the 
paper's Istanbul building on the night of December 3.  
Moreover, as of October, none of the five murders of 
journalists committed in 1993, nor those previously, had been 
solved.

Although terrorists carried out political murders primarily in 
rural southeast Anatolia, they also launched several deadly 
attacks during 1994 in urban areas.  On January 14, bombs 
killed three on intercity buses in central Turkey, and on 
February 12, an explosion at Istanbul's Tuzla train station 
killed 5 cadets and wounded 26.  The PKK claimed responsibility 
for the Tuzla incident, but did not publicly claim 
responsibility for the bus explosion, although most people 
believe it was responsible.

Killings perpetrated by the PKK included those of state 
officials (Jandarma, local mayors, imams, and schoolteachers), 
state-paid paramilitary village guards and their family 
members, young villagers who refuse to be recruited, and PKK 
guerrillas-turned-informants.  On January 1, the PKK 
intercepted two buses on the Diyabakir-Elazig highway, took 
eight people into a field and shot them.  On July 30, the PKK 
killed seven village guards in an attack on Konalga village in 
Van province.  The PKK publicly claimed to have killed "179 
village guards, including a leading village guard and 32 of his 
relatives" and "66 collaborators, agents, counterguerrilla 
organization members, (and) police officials," during the month 
of June.  Teachers continued to be a main target of terrorist 
activities.  During the year the PKK killed 20 teachers.

     b.  Disappearance

Disappearances continued in 1994, while most of those reported 
in 1993 and earlier remained unsolved.  Some disappeared after 
witnesses reported that security forces had taken them into 
custody.  In March, Nazim Babaoglu, Urfa correspondent for the 
pro-Kurdish daily, Ozgur Gundem, disappeared.  The Government 
maintains that Abdulvahap Timurtas, who disappeared in August 
1993 in Yenikoy village, Sirnak province, was not taken into 
custody, and that a village by that name does not exist.  His 
father accuses the security forces of abducting him.  His 
brother Tevfik Timurtas died under torture on January 5, 1991, 
in Cizre, according to the HRF.  The Government says it 
received 28 claims of missing relatives in the first 9 months 
of 1994.

The Government, human rights organizations, and the media 
report that the PKK routinely kidnaps young men or threatens 
their families as part of its recruiting.  PKK terrorists 
continued their abductions of local villagers, teachers, 
journalists, and officials in the southeast.  For example, on 
January 26 the PKK kidnaped two journalists and held them for 
4 months.  The PKK again kidnaped two foreign tourists during 
the summer and eventually released them unharmed.

     c.  Torture and Other Cruel, Inhuman, or Degrading 
         Treatment or Punishment

Despite the Constitution's ban on torture, Turkey's accession 
to the U.N. and European Conventions Against Torture, and 
public pledges of successive governments to end torture, the 
practice continued.  Human rights attorneys and physicians who 
treat victims of torture state that most persons charged with, 
or suspected of, political crimes usually suffer some torture 
during periods of incommunicado detention in police stations 
and Jandarma headquarters before they are brought before a 
court.  The HRF and private attorneys reported that there was 
no indication of either the amelioration of treatment of those 
charged under the Anti-Terror Law or an overall decrease in the 
incidence of torture in 1994.  In 1994 women again charged 
sexual abuses while under official detention by security 
officials.

Although the implementation of the CMUK on December 1, 1992, 
facilitated more immediate attorney access to those arrested 
for common crimes, its provisions of immediate attorney access 
do not apply to those detained in the state of emergency region 
nor to those detained under the Anti-Terror Law.  Some 
attorneys in the southeast reported that some common criminals 
are booked on political charges, thereby depriving them of 
access to or by an attorney.  The CMUK's allowable, maximum 
prearraignment detention periods still exceed Council of Europe 
maximums.

Human rights observers report that the system whereby the 
arresting police officer is also responsible for interrogating 
the suspect is conducive to torture because the officer seeks 
to obtain a confession that would justify the arrest.  
According to those familiar with Turkish police operations, in 
petty criminal cases, the arresting officer is responsible for 
following up on the case, whereas in major cases such as murder 
and political or terrorism-related crimes, "desks" responsible 
for the area in question are responsible for the interrogation.

Commonly employed methods of torture reported by the Human 
Rights Foundation's Torture Treatment Centers include:  
high-pressure cold water hoses, electric shocks, beating on the 
soles of the feet, beating of the genitalia, hanging by the 
arms, blindfolding, sleep deprivation, deprivation of clothing, 
systematic beatings, and vaginal and anal rape with truncheons 
and, in some instances, gun barrels.  In southern Turkey, a 
security official boasted of having deprived a suspect of sleep 
for 6 days to obtain a confession.

In a case in Istanbul in July, Yelda Ozcan, a former 
representative of the HRF, stated to several human rights 
organizations that a chief commissioner at the Beyoglu security 
directorate had stripped and beaten her.  She obtained a 
medical report and lodged an official complaint against the 
commissioner.  In another case, in April a 17-year-old female 
student stated she had been beaten, hosed with pressurized 
water, and raped with a truncheon by police at Istanbul's 
Bahcelievler station, then released without charges having been 
filed.

Although the Government asserted that medical examinations 
occur once during detention and a second time before either 
arraignment or release, former detainees asserted that some 
medical examinations took place too long after the event to 
reveal any definitive findings.  According to the HRF, practice 
varies widely:  In some cases proper examinations are 
conducted; in others, doctors sign papers handed to them; some 
examinations are cursory, some are done in the presence of 
police officials, and some doctors are at times under pressure 
to submit false or misleading medical certificates, denying 
evidence of torture.

Credible sources in the human rights and legal communities 
estimate that judicial authorities investigate only about 
one-half of the formal complaints involving torture and 
prosecute only a small fraction of those.  Under the 
Anti-Terror Law, officials accused of torture or other 
mistreatment may continue to work while under investigation 
and, if convicted, may only be suspended.

Special provincial administrative boards, rather than regular 
courts, decide whether to prosecute in such cases, and 
suspects' legal fees are paid by their employing agencies.  
Under the state of emergency, any lawsuit directed at 
government authorities must be approved by the regional 
governor.  Because approval is rare, this blocks legal pursuit 
of torture allegations.  Under the Administrative Adjudication 
Law, an administrative investigation into alleged torture cases 
is conducted under the civil service adjudication law to 
determine if there is enough evidence to bring a law 
enforcement officer to trial.  Under the CMUK, while 
prosecutors are empowered to initiate investigations of police 
officers or Jandarma suspected of torturing or maltreating 
suspects, in cases where township security directors or 
Jandarma commanders are accused of torture, the prosecutor must 
obtain permission to initiate an investigation from the 
Ministry of Justice because these officials are deemed to have 
a status equal to that of judges.

According to the Government, in the first 9 months of 1994, 
prosecutors considered 963 complaints of torture or 
maltreatment.  Of those, 314 cases were opened, 355 were in 
preparation, 187 were dropped, in 25 cases the court decided it 
did not have the authority to pursue the case, and in 47 cases 
the court referred the case to another court.  There were 11 
convictions, 22 acquittals; in one case the complaint was 
withdrawn.  Most of these cases were in Istanbul and Ankara; 
few were in the southeast.

In the few instances in which law enforcement officers are 
convicted of torture, sentences tend to be light.  In July 
Ekrem Guner, a noncommissioned officer, was convicted of 
torturing two persons in Ordu in 1989, sentenced to 2 years in 
prison, suspended from duty for 5 months and 15 days, and fined 
TL 375,000 (roughly $12).  In July the Ankara administrative 
court ordered the Interior Ministry to pay Mediha Curabaz TL 10 
million (roughly $300) in compensation for torture she 
sustained in August 1991 by the Adana police.  The Adana 
provincial administrative commission had refused to try the 
police officers involved on charges of rape and torture, 
despite a medical report which confirmed the charge of rape.  
The trial of six security officers accused of torturing Baki 
Erdogan (who died in custody) in Soke district of Aydin 
province in August 1993 began in May and was continuing at 
year's end.  In April the torture conviction of two officers 
and two noncommissioned officers in the 1985 torture and death 
of schoolteacher Siddik Bilgin was overturned on appeal, and 
the officers were acquitted on retrial.. The case of Nazli Top, 
a nurse (pregnant at the time) who alleged she was tortured and 
raped with a truncheon in April 1992 before police released her 
without charge, came to trial in December 1993.  The trial 
continues.

As Turkey recognizes the jurisdiction of the European Court of 
Human Rights and the European Commission of Human Rights, 
Turkish citizens may file applications alleging violations of 
the European Convention on Human Rights with the Commission.  
Some 250 cases are currently before the Commission.  In 
February the Government promised the Commission to pay 
compensation to the villagers of Yesilyurt in Cizre province 
whom Jandarma troops forced to eat human excrement in January 
1989.  A total of 300,000 French francs in compensation is to 
be paid.

In January authorities sent a Prime Ministerial circular to the 
Ministries of Justice, Interior, and Foreign Affairs, directing 
that police prepare monthly reports on the incidence of ill-
treatment and torture and ensure that medical examinations are 
carried out carefully to provide accurate forensic evidence.  
While statistics generally have been submitted as required, 
there is no evidence that the reporting requirement has had any 
effect on the incidence of torture.

As of September, 4,149 applications claiming torture, 
maltreatment, or arbitrary detention had been filed with the 
parliamentary Human Rights Commission, since its September 1991 
inception.  In each case, the Commission had written to the 
offices of the public prosecutor, the governor's office, and 
the security directorate general, and there is no indication 
that these communications have had any effect or that the 
Commission has followed up on these cases.  The HRF's torture 
rehabilitation centers in Ankara, Izmir, and Istanbul reported 
that, within the first 6 months of 1994, they had received a 
total of 196 applications for treatment.

Police continue to force women in custody and others to undergo 
virginity testing even though the state minister in charge of 
women's affairs condemned the practice in 1992.  The tests are 
imposed particularly on women who file a criminal complaint 
alleging a sexual crime.  Although legally only a court or a 
prosecutor may order them, police continue to impose the tests 
to on female detainees.  Though women may refuse the exams, 
they are rarely informed of that right.

Prison conditions remained another problem area in 1994.  As 
recently as early November, the Justice Ministry announced 
plans to build new prisons and upgrade old ones to deal with 
the increase in the number of inmates convicted of terrorist 
crimes.  The refurbished Eskisehir Prison and four others were 
to reopen by the end of the year.  As in 1993, groups of 
inmates carried out hunger strikes to protest poor conditions 
and their treatment by prison guards, and one inmate was killed 
and several injured in an October riot at Diyarbakir Security 
Prison.  The Government promised prison reform in 1993, but at 
the end of 1994 Parliament had not enacted it.  Torture in 
prisons has decreased in the last few years, but continues to 
occur.

     d.  Arbitrary Arrest, Detention, or Exile

In order to take a person into custody, a prosecutor must issue 
a detention order, except in limited circumstances such as when 
a person is caught in the act of committing a crime.  The 
detention period for those charged with common, individual 
crimes is 24 hours.  Those detained for common, collective 
crimes may be held for 4 days, and the detention period may be 
extended for an additional 4 days.  Under the CMUK, suspects 
are entitled to immediate access to an attorney and may meet 
and confer with the attorney at any time.  In practice, this 
access continued to improve for detainees charged with common 
crimes.

Persons detained for individual crimes which fall under the 
Anti-Terror Law must be brought before a judge within 48 hours, 
while those charged with crimes of a collective, political, or 
conspiratorial nature may be detained for up to 15 days in most 
of the country and up to 30 days in the 10 southeastern 
provinces under a state of emergency.  There is no guaranteed 
attorney access under law for persons whose cases fall under 
the jurisdiction of the state security courts; these include 
those charged with smuggling and with crimes under the 
Anti-Terror Law.  Attorneys and human rights organizations 
affirm that this lack of access is a major factor in the 
continuing, widespread use of torture by police and security 
forces.

The decision concerning access to counsel in such cases is left 
to the independent prosecutor, who generally denies access, 
usually with the explanation that it would prejudice an ongoing 
investigation.  The Justice and Interior Ministries generally 
have not intervened in prosecutors' decisions or police actions 
denying access to counsel.  Although the Constitution specifies 
the right of detainees to request speedy arraignment and trial, 
judges have ordered a significant number of persons detained 
indefinitely, sometimes for years.  While many cases involved 
persons accused of violent crimes, it is not uncommon for those 
accused of nonviolent political crimes to be kept in custody 
until the conclusion of their trials.

By law, a detainee's next of kin must be notified "in the 
shortest time" after arrest.  Once formally charged by the 
prosecutor, a detainee is arraigned by a judge and allowed to 
retain a lawyer.  After arraignment, the judge may release the 
accused upon receipt of an appropriate guarantee, such as bail, 
or order him detained if the court determines that he is likely 
to flee the jurisdiction or destroy evidence.

Authorities detained large numbers of people on several 
occasions in 1994, including the detention in February of 100 
people at the funeral of Cengiz Arguc, a Communist militant, in 
Adana (all but 5 were released within a day); and the detention 
during Nevroz (Kurdish New Year) of 200 persons in Diyarbakir 
after a celebrant reportedly shot at a police car.  In most 
such cases, the majority of detainees are subsequently released 
without charges being filed; many have reported being tortured 
during such detentions.  In the southeast there were several 
roundups of ethnic Kurds in the wake of a crime.  For example, 
after 5 PKK militants killed 1 policeman and wounded 5 near 
Igdir in April, police reportedly captured the 5 militants and 
claimed that "175 PKK supporters" were captured in the ensuing 
security operations.

There is no external exile, and Turkey's internal exile law was 
repealed in 1987.  In 1990, however, under decree 430, the 
Government granted the southeast regional governor the 
authority to "remove from the region," for a period not to 
exceed the duration of the state of emergency (now in its 
eighth year), citizens under his administration whose 
activities (whether voluntary or forced) "give an impression 
that they are prone to disturb general security and public 
order."  There were no known instances of the use of this broad 
authority in 1994.  Human rights monitors and residents of 
towns in the southeast report that officials continued to rely 
on "administrative transfers" to remove government employees 
thought liable to "create trouble."

     e.  Denial of Fair Public Trial

The judicial system is composed of general law courts, state 
security courts (SSC), and military courts.  There is also a  
Constitutional Court.  Most cases are prosecuted in the general 
law courts, which include the civil, administrative, and 
criminal courts.  Appeals are heard either by the High Court of 
Appeals or the Council of State.  Provincial administrative 
boards established under the Anti-Terror Law decide whether 
cases in which state officials are accused of misconduct should 
be heard in criminal court.  Military courts, with their own 
appeals system, hear cases regarding infractions of military 
law by members of the armed forces.  In 1993 and 1994, the 
military court tried several cases of civilians charged with 
speech that purportedly discouraged military service (see 
Section 2.a.).

Eight state security courts composed of five members--two 
civilian judges, one military judge, and two prosecutors--try 
defendants accused of crimes such as terrorism, drug smuggling, 
membership in illegal organizations, and espousing or 
disseminating ideas prohibited by law as "damaging the 
indivisible unity of the State."  Their verdicts may be 
appealed only to a specialized department of the High Court of 
Appeals dealing with crimes against state security.

The Constitutional Court examines the constitutionality of 
laws, decrees, and parliamentary procedural rules.  However, it 
may not consider "decrees with the force of law" issued under a 
state of emergency, martial law, or in time of war.

The Constitution requires that judges be independent of the 
executive in the discharge of their duties and provides for the 
security of their tenure.  The High Council of Judges and 
Prosecutors, which is appointed by the President and includes 
the Minister of Justice, selects judges and prosecutors for the 
higher courts and is responsible for oversight of those in the 
lower courts.  The Constitution also prohibits state 
authorities from issuing orders or recommendations concerning 
the exercise of judicial power.  In practice, the courts 
generally act independently of the executive.  Defendants 
normally have the right to a public trial, and, under the 
Constitution, can be proven guilty only by a court of law.  By 
law, the bar association must provide free counsel to indigents 
who make such a request to the court.  Costs are borne by the 
association.  There is no jury system; all cases are decided by 
a judge or panel of judges.

Defense lawyers generally have access to the independent 
prosecutor's files after arraignment and prior to trial (a 
period of several weeks).  In cases involving violations of the 
Anti-Terror Law and a few others, such as insulting the 
President or "defaming Turkish citizenship," defense attorneys 
may be denied access to files which the State asserts deal with 
national intelligence or security matters.

In 1994 state security courts predominantly handled cases under 
the Anti-Terror Law.  The State claims these courts were 
established to try efficiently those suspected of certain 
crimes.  In fact, the law provides that those accused of crimes 
falling under the jurisdiction of these courts may be detained 
twice as long before arraignment as other defendants, and the 
heavy caseload often means that cases drag on for years.  These 
courts may hold closed hearings and may admit testimony 
obtained during police interrogation in the absence of 
counsel.  According to government figures, 1,277 persons were 
tried under the Anti-Terror Law, and 8,682 people are serving 
sentences for terrorist crimes.  The trial of 12 Diyarbakir 
lawyers charged with acting as couriers for the PKK continues 
at the Diyarbakir State Security Court.  The attorneys were 
released on their own recognizance in December 1993 and January 
1994.  The trial of nine Erzurum lawyers, charged with similar 
crimes, began on November l6.

In law and in practice, the legal system does not discriminate 
against either minorities or women, with the following two 
caveats:  (1) as legal proceedings are conducted solely in 
Turkish, and the quality of interpreters varies, some 
Kurdish-speaking defendants may be seriously disadvantaged; and 
(2) although women receive equal treatment in a court of law, 
some discriminatory laws remain on the books, although most 
have been rendered inoperative by a constitutional court 
decision.  Under the civil code, the husband is the head of the 
household and determines the legal domicile of the family.  
Draft civil rights legislation which would have eliminated all 
existing legal inequalities between men and women has been 
stalled in Parliament since 1993.  In 1994, civil service 
security clearance procedures were changed, which should allow 
numerous professors who were blackballed in the late 1970s to 
be reemployed.

Human rights monitors hesitate to estimate the number of 
persons in custody who might reasonably be considered political 
prisoners.  They estimate only that "thousands" have been 
detained.  According to government statistics, 1,277 persons 
were charged under the Anti-Terror Law though October 1, 1994.  
Many are charged for attempting peacefully to exercise their 
right of freedom of speech, association, or some other 
internationally recognized human rights.

     f.  Arbitrary Interference with Privacy, Family, Home, or 
         Correspondence

The Constitution provides for the inviolability of a person's 
domicile and the privacy of correspondence and communication.  
Government officials may enter a private residence or intercept 
or monitor private correspondence only upon issuance of a 
judicial warrant.  These provisions are generally respected in 
practice outside the state of emergency region.

A judge must decide whether to issue a search warrant for a 
residence.  If delay may cause harm, prosecutors and municipal 
officers authorized to carry out prosecutors' instructions may 
conduct a search.  Searches of private premises may not be 
carried out at night, unless the delay will be damaging or the 
search will result in the capture of a prisoner at large.  
Exceptions include persons under special observation by the 
Security Directorate General, places anyone can enter at night, 
places where criminals gather, places where materials obtained 
through the Commission of Crimes are kept, gambling 
establishments, and brothels.  In the 10 provinces under 
emergency rule, the Regional Governor can and does empower 
security authorities to search without a warrant residences or 
the premises of political parties, businesses, associations, or 
other organizations.  According to the HRF, the practice of 
security authorities in these provinces to search, hold, or 
seize without warrant persons, letters, telegrams, and 
documents is unconstitutional.  Roadblocks are commonplace in 
the southeast, and security officials regularly search vehicles 
and travelers.

Security forces have compelled the evacuation of villages in 
the southeast to prevent villagers from giving aid and comfort 
to the PKK (see Section 1.g.).  The Government admits to 
village and hamlet evacuations but claims they occur as the 
consequence of pressures by and fear of the PKK and because 
security operations against the PKK in the region make 
continued occupancy unsafe.

     g.  Use of Excessive Force and Violations of Humanitarian 
         Law in Internal Conflicts

Since 1984 the separatist Kurdistan Workers Party (PKK) has 
waged an increasingly violent terrorist insurgency that has 
claimed over 15,000 lives, as many as 2,000 of them during 
1994.  The PKK's campaign of violence in southeast Turkey is 
directed against both security forces and civilians, most of 
whom are Kurds, whom the PKK accuses of cooperating with the 
State.  The TNP, Jandarma, and armed forces, in turn, have 
waged an increasingly intense campaign to suppress terrorism, 
targeting active PKK units as well as those they believe 
support or sympathize with the PKK, and committing many human 
rights abuses in the process.  According to government figures, 
in the first 10 months of 1994, 3,577 PKK, 963 security force 
members and 940 noncombatants were killed.  In that same 
period, 1,563 civilians, 2,308 security force members and 137 
PKK were wounded.

Government security forces forcibly evacuated and sometimes 
burned villages, for the purpose of preventing their 
inhabitants from providing aid and comfort to PKK guerrillas or 
in retaliation for a PKK raid on a nearby Jandarma post.  Some 
villagers who migrated to the cities told reliable sources that 
they had been evacuated for refusing to participate in the 
paramilitary village guard system.  Some lost all their 
belongings when their houses were burned.

In May the Interior Minister, replying to a question in 
Parliament, stated that 871 villages and hamlets in the state 
of emergency region had become empty since July 1987.  The 
Interior Minister asserted that the villages and hamlets were 
emptied because of PKK pressure or economic reasons.  The 
Minister of Defense that same month stated that to control PKK 
activity in the region, 50 settlement centers, displacing 
approximately 10,000 persons around Mount Ararat and Tenduruk 
Mountain, would be evacuated and that those regions would be 
declared a military zone.  These statements were the first 
official confirmations of village evacuations in the southeast, 
including evacuations at government behest.  In October, 17 
village evacuations in Tunceli Province finally brought the 
issue into the national spotlight.  According to government 
figures, as of October 1, 1,046 villages and hamlets had been 
evacuated:  75 by the regional governorship for security 
reasons; 125 of the residents' own accord for security reasons; 
812 because of PKK pressure; and 34 for economic reasons.  
According to a government report, to date approximately 
$227,000 in compensation has been paid to villagers displaced 
in the southeast, largely as a result of PKK activity, and 
$545,000 was to be spent in 1994 to construct housing for 
displaced villagers in Sirnak and Bingol provinces. The 
Government has stated that it is providing housing and 
financial assistance to those displaced in Tunceli Province.

On March 26, a Turkish air force plane bombed up to four 
villages in Sirnak province, killing approximately 20 persons, 
according to press reports.  Journalists were not allowed into 
the area.  The Government stated that the inhabitants had left 
the villages some time before and that the PKK had then moved 
in, along with some civilians.  When the PKK was hit, the 
Government explained, there was perforce some collateral 
damage.

During the first 6 months of 1994, approximately 10,000 Turks 
of Kurdish ethnic origin left the southeast for northern Iraq, 
claiming the Government had forced them out.  The Government 
believes the villagers moved to northern Iraq at the behest of 
the PKK and views most of them as PKK supporters.

The Government organizes, arms, and pays for a civil defense 
force in the southeast known as the village guards.  
Participation in the paramilitary militia by local villagers is 
theoretically voluntary, but villagers are caught between the 
two sides.  If the villagers agree to serve, the PKK may target 
them and their village.  If the villagers refuse to 
participate, government security forces may retaliate against 
them and their village.  The village guards have a reputation 
for being the least disciplined of the Government's security 
forces.

There were instances in which physicians were prosecuted for 
giving medical care to alleged PKK terrorists, a practice that 
could deter other physicians from extending such aid.  For 
example, Dr. Ilhan Diken was tried in Diyarbakir State Security 
Court for treating a wounded PKK militant, an offense for which 
the prosecution demanded a 5-year sentence.  Diken's sentence 
of 3 years 9 months, of which he will serve 33 months, was 
affirmed by the Court of Appeals.

Government state of emergency decree 430, codified in 1990 and 
most recently renewed in November, imposes stringent security 
measures in the southeast.  The regional governor may censor 
news, ban strikes or lockouts, and impose internal exile (see 
Section 1.d.).  The decree also provides for doubling the 
sentences of those convicted of cooperating with separatists.  
Informants and convicted persons who cooperate with the State 
are eligible for rewards and reduced sentences.  Provisions in 
the decree that specifically prohibited court challenges to the 
regional governor's administrative decisions were amended in 
1992 to permit limited judicial review.

The year 1994 witnessed a series of PKK attacks on Turkish 
petroleum wells and power transformers, temporarily halting oil 
production.  In August post and telecommunications (PTT) 
publications revealed that the PKK had caused $2 million in 
damage to the domestic PTT network in the Southeast and its 
radio link stations in Hakkari, Diyarbakir, Igdir, Mus, and 
Agri Provinces.

For the 1993-94 school year, according to the Education 
Minister, 4,000 schools were closed in eastern and southeastern 
Turkey.  Alternate government figures indicate that 3,395 
schools were closed during that period:  1,839 due to lack of 
security and fear of terrorism, 2,202 for lack of teachers, 89 
for insufficient students, 92 because of the migration or 
evacuation of residents from the area, and 213 because they had 
been attacked and burned.  In Tunceli province alone, 12 
teachers were killed and 273 of 314 schools remained closed 
throughout the 1993-94 school year.  Although the Government 
opened more regional boarding schools, promised to reopen 
closed schools for the 1994-95 school year, and maintains that 
a supplementary TL 1876 billion ($5,340,000) allocation was 
made to schools in the region, the Education Minister in 
September announced that 4,000 schools in the southeast were 
closed due to village evacuations undertaken for security and 
other reasons.

Villagers and human rights groups complained that Jandarma 
actions and security forces' searches for PKK terrorists and 
their supporters resulted in expulsions, beatings, torture, and 
the arbitrary killing of innocent civilians.  Government 
security forces on many occasions fired on the homes of 
villagers suspected of harboring PKK terrorists, causing an 
unknown number of casualties and destroying villagers' 
property, including livestock.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Despite constitutional provisions guaranteeing freedom of 
speech and press, the Government increasingly restricted these 
freedoms.

For those who "insult the President, the Parliament, and the 
army," the Criminal Code provides penalties ranging from a 
3-year minimum sentence for insulting the President to a 6-year 
maximum for insulting other branches of government.  Judges 
generally examine evidence rigorously and dismiss many charges 
brought under these laws.  Konya metropolitan Mayor Halil Urun 
was sentenced to 1 year for "insulting Ataturk, the founder of 
the Turkish Republic" at a Refah Party meeting in Konya 
province in 1992.  The sentence was commuted to a fine of TL 
1,825,000 (approximately $50).  In some cases, the laws provide 
for increased punishment if the offense is committed in a 
publication.  The press law permits prosecutors to halt 
distribution of a newspaper or magazine without a court order 
and requires that each publication's "responsible editors" bear 
legal responsibility for the publication's content.  Many have 
faced repeated criminal proceedings.  As of September, an 
estimated 100 persons were in custody for freedom of expression 
crimes.  The State claimed that, as of September, 36 court 
cases were under way against a total of 19 journalists, all 
under the Anti-Terror Law.

Throughout the year, SSC prosecutors ordered the confiscation 
of numerous issues of leftist and pro-Kurdish periodicals, 
including Aydinlik, Emegin Bayragi, Denge Azadi, Ozgur Gelecek, 
Gercek, Newroz, Hedef, Ozgur Gundem, and Ozgur Ulke, although 
most continue to publish.  Many editions of Kurdish-oriented 
periodicals were seized before they could be distributed 
nationally to newsstands.

Court proceedings were instituted against a number of editors 
and publishers.  The Anti-Terror Law, which provides that 
"written and oral propaganda...aiming at damaging the 
indivisible unity of the state of the Turkish Republic...(is) 
forbidden, regardless of the method, intention and ideas behind 
it," severely restricts freedom of speech and has been used 
against writers, journalists, publishers, politicians, 
musicians, and students.  Ismail Besikci served 10 years in 
prison between 1971 and 1987 because of his publications on the 
Kurdish question in Turkey.  He has been brought to court more 
than 100 times and has been in prison again since November 
1993.  The Court of Appeals has upheld a total of 14 years and 
6 months in prison terms and TL 850 million ($26,500) in fines. 
Were all the sentences and fines against him to be upheld, they 
would total 51 years and 11 months in prison and TL 3.45 
billion ($108,000) in fines.

A number of pro-Kurdish politicians were detained under, or 
otherwise affected by, the Anti-Terror Law in 1994 for speeches 
made both within Turkey and beyond the country's borders.  
Those affiliated with the pro-Kurdish Democracy Party (DEP) 
were particularly targeted.  In March, based on a request from 
the Ankara SSC chief prosecutor, Parliament partially lifted 
the immunities of six DEP, one independent, and one Islamist 
Refah Party (RP) member.  RP deputy Hasan Mezarci is being 
tried for insulting Ataturk; the lifting of the immunity of one 
of the six DEP M.P.'s was overturned; and the other five DEP 
M.P.'s (who lost their status as M.P.'s when the DEP was 
disbanded in June) and the independent were tried for treason 
in the Ankara SSC.  The bulk of the prosecution's case appeared 
to rest on speeches and expression of opinions.

After the Constitutional Court closed the DEP in June, two 
other former DEP MP's were arrested on July 1 and an indictment 
on similar charges was issued against them.  Their trial 
commenced on October 26 and was later merged with that of the 
original six defendants.  On December 8, the eight defendants 
were convicted of a combination of charges, including 
dissemination of separatist propaganda, being a member of an 
armed society or band, and knowingly supporting such a band.  
The sentences ranged from 3 years and 6 months (suspended) to 
15 years.  Both defense and prosecution plan to appeal the 
decision.  Six others left the country and are currently in 
Europe.

An April resolution of the Council of Europe's (COE) 
parliamentary assembly strongly criticized the lifting of 
immunity of the deputies.  In a written statement, the Turkish 
parliamentary delegation to the COE, including the current 
Foreign Minister, opposed the resolution, asking that their 
colleagues respect the Turkish Parliament's legitimate 
proceedings and emphasizing Turkey's right to combat 
terrorism.

In another case, trade union chairman Munir Ceylan, convicted 
of disseminating separatist propaganda, began serving a 
20-month sentence for an article that appeared in the July 21, 
1991, issue of Yeni Ulke.  In June journalist Haluk Gerger 
began serving a 20-month prison term for a message he sent to a 
meeting held in Ankara on May 22, 1993.  On March 18, Dr. 
Fikret Baskaya began serving a 20-month term in connection with 
his book, "Bankruptcy of the Paradigm:  An Introduction to 
Critics of the Official Ideology."  In July the Konya SSC 
sentenced Seydi Bayram, president of the Kuthaya branch of the 
HRA, to 20 months' imprisonment for using the word "Kurdistan" 
in an article in a local newspaper.  In February Mehmet Ali 
Baris Besli, owner and editor in chief of Ogni magazine, which 
is published in the Laz dialect, was put on trial at the 
Istanbul SSC on charges of separatism relating to articles 
published in the November 1993 issue of the magazine.  On May 
13, former mayor of Diyarbakir Mehdi Zana was imprisoned for 
testimony he had given to the Human Rights Subcommittee of the 
European Parliament.  The Appeals Court upheld the sentence on 
November 3.  According to government figures, 407 newspapers, 
490 periodicals and 35 books were confiscated during the first 
9 months of 1994.

Military courts tried several cases against journalists and 
antiwar activists whose activities were alleged to discourage 
compulsory military service.  Erhan Akyildiz and Ali Tevfik 
Berber were each sentenced to 2 months in prison for a program 
they produced in December 1993 on a private television 
station.  The military appeals court later overturned the 
conviction and remanded the case to the military trial court.  
The retrial ended in acquittal.  In November the military court 
sentenced respected journalist Mehmet Ali Birand and two others 
to 5 months in prison for a television program on military 
service during which military personnel spoke; they will 
appeal.  As of the end of the year, actress and musician 
Bilgesu Erenus was to stand trial in a military court on 
charges of speaking out against military service at a 1993 
meeting.

Legislative reforms in 1991 partially removed the ban on the 
use of the Kurdish language.  Kurdish-language cassettes and 
publications on Kurdish subjects continued to be widely 
available, although suppression continued as well.  In April 
the Tunceli governorship banned the sale of 39 Kurdish-
language cassettes.  One Kurdish-language weekly, Welat, is 
publishing currently; its editor in chief was brought to court 
in the spring on charges of violating the Anti-Terror Law.  
Several others publish in a combination of Turkish and 
Kurdish.  Potential customers are afraid to purchase Kurdish-
language materials because possession of such items may be 
interpreted as evidence of PKK sympathies.  Kurdish-language 
broadcasts are still illegal, though in June Prime Minister 
Ciller stated that the possibility of private broadcasting and 
education in languages other than Turkish might be discussed.  
By year's end, however, the Government had taken no further 
action.  President Demirel stated that Kurdish television and 
education would constitute concessions to terrorists and should 
be allowed only after the terrorism ends.

Newspaper correspondents and distributors in the southeast, 
especially those for the pro-Kurdish press, were harassed and 
reported being beaten and tortured in police stations during 
periods of detention.  The pro-PKK Ozgur Gundem was harassed 
consistently since its April 1992 inception.  It closed 
permanently in April 1994 when the appeals court began to 
ratify a series of closure orders against the paper for 
promoting separatism and printing the views of the banned PKK.  
Most of Ozgur Gundem's staff moved to Ozgur Ulke, which opened 
shortly after its predecessor's closure and continues to 
publish.

Turkish press coverage of the situation in the southeast tended 
to be unreliable, underreporting in some instances and grossly 
sensationalizing in others.  Government decree 430 requires 
self-censorship of all news reporting from or about the 
southeast, and, upon the request of the regional governor, 
gives the Interior Ministry the authority to ban distribution 
of any news viewed as misrepresenting events in the region.  In 
the event such a government warning is not obeyed, the decree 
provides for a 10-day suspension of operations for a first 
offense and 30 days for subsequent offenses.

In general, the mainstream Turkish-language press limited its 
independent reporting of news related to the southeast.  Aside 
from the access of Ozgur Gundem and Ozgur Ulke correspondents 
to the southeast and reporting in the English-language Turkish 
Daily News, most papers relied on official reports.  In 
response to growing criticism, the Justice Minister in 
September established a commission to define freedom of thought 
and propose changes in the law, in particular the Anti-Terror 
Law.  Journalists also face security concerns, including 
threats from the PKK which, for a time in late 1993, "banned" 
journalists and distributors from the Southeastern region.

Until mid-1993 Turkish Radio and Television (TRT) had a legal 
monopoly on broadcasting.  Private radio stations began 
operating in 1991.  In July 1993, Parliament voted to repeal
Article 133 of the Constitution, thereby eliminating the State's 
monopoly and permitting the establishment of private radio and 
television stations.  In April 1994, Parliament passed, and the 
President signed, regulatory legislation, pursuant to which it 
is illegal for stations to threaten the country's unity or 
national security and limiting the private broadcast of 
television programs in languages other than Turkish.  However, 
state-run cable television carries a number of European 
stations.  At the end of 1994, some 40 private radio stations 
were operating in Ankara and approximately 60 in Istanbul.  
Countrywide, there were 20 private television stations.  With 
the increasing availability of satellite dishes and cable, many 
Turkish viewers may now watch foreign broadcasts, including 
several Turkish-language private channels.

While the Culture Minister lifted bans against all formerly 
prohibited books at the end of 1991, the Education Ministry 
continued to make recommendations on the "utility" of books 
proposed for school curriculums or libraries.  Books declared 
"without utility" are not allowed.

Academic freedom is also severely restricted in practice by the 
provisions of the Anti-Terror Law.  For example, professors 
have been convicted and sentenced for books they have written.  
The Constitution and the law governing political parties 
proscribe student and faculty involvement in political 
activities, although the Ciller Government's democratization 
package, before Parliament since May, would lift those 
restrictions.

     b.  Freedom of Peaceful Assembly and Association

Peaceful assemblies are permitted upon prior notification to 
government authorities, who may restrict them to designated 
sites.  Authorities may deny permission if they believe the 
gathering is likely to disrupt public order.  For example, the 
Izmir governorship refused to allow a meeting planned on the 
first anniversary of the Sivas incidents in which 37 were 
killed in an antisecular riot.

Security forces forcibly broke up a number of planned 
demonstrations in 1994.  On January 13, 5,000 civil servants 
gathered in downtown Ankara to protest low wages.  They were 
met by police barricades; the police dispersed the 
demonstrators through kicking and the use of truncheons, 
injuring 30 persons.  On May Day, a demonstration in downtown 
Ankara turned violent when police beat demonstrators, including 
M.P. Salman Kaya.  Ten persons, three of whom were police, were 
injured in the melee.  Following the May Day demonstration, 
Ankara security director Orhan Tasanlar, who assaulted some 
demonstrators in the January civil servants' demonstration, was 
suspended from duty pending an investigation but reinstated on 
May 18.  On September 4, police detained, and released 5 hours 
later, 24 persons participating in a World Peace Week festival 
on Istanbul's Besiktas wharf.  Those detained carried posters 
stating "Peace Now" in five languages.

In June the Constitutional Court ordered the closing of the DEP 
on the grounds that it "acted in a separatist manner and 
functioned against the Constitution and laws."  Many of its 
members formed the HADEP (People's Democracy Party) and were 
soon subjected to similar investigations.

Associations and labor unions are prohibited by law from having 
ties to political parties or engaging in political activities 
(see Section 6.a.).  Police raided a number of associations and 
organizations in 1994 and harassed some of their members.  For 
example, on May 7 the Iskenderun governorship closed the 
Iskenderun office of the Human Rights Association (HRA) on the 
grounds that, through a press statement, the HRA had "acted 
against the associations law and functioned to incite people."  
In May the Adana governorship closed the Adana HRA branch for 
15 days, as well as the Ozgur Der association, because it had 
in its possession some "documents with ideological content."  
On December 28, the Diyarbakir Governor closed the Diyarbakir 
Branch of the HRA for 1 month.

Associations must submit their charters for government 
approval, a lengthy and cumbersome process.

     c.  Freedom of Religion

The Constitution establishes Turkey as a secular state and 
provides for freedom of belief, freedom of worship, and private 
dissemination of religious ideas.  About 99 percent of Turkey's 
population is Muslim.  Under Turkish law, religious services 
may take place only in designated places of worship.  In Adana, 
Turkey's fourth largest city, the only approved sites are 
mosques, one Jewish synagogue, and one Roman Catholic church.  
A Protestant expatriate group petitioned to have a house of 
worship designated for its use.  The petition has been "under 
consideration" in Ankara since at least 1992.  In February 
1994, the Peace and Tolerance Conference, involving a wide 
range of religious figures, took place in Istanbul.

Although Turkey is a secular state, religious instruction in 
state schools is compulsory for Muslims.  Upon written 
verification of their non-Muslim background, non-Muslims are 
exempted by law from Muslim religious instruction, although 
students who wish to attend may do so with parental consent.

Turkey's Alawi Muslim minority (an offshoot of Shi'ite Islam) 
is estimated to number at least 12 million.  There are, 
however, no government-paid Alawi religious leaders, no 
religious affairs directorate funds go to the Alawi community, 
and some Alawis allege informal discrimination in the form of 
failure to include any Alawi doctrines or beliefs in religious 
instruction classes.  Alawis are disgruntled by what they 
regard as the Sunni bias in the religious affairs directorate 
and the directorate's tendency to view the Alawis as a cultural 
group rather than a religious sect.

Many prosecutors regard proselytizing and religious activism on 
the part of either Islamic extremists or evangelical Christians 
with suspicion, especially when they deem such activities to 
have political overtones.  Since there is no law prohibiting 
proselytizing, police sometimes arrest Islamic extremists and 
evangelical Christians for disturbing the peace.  Courts 
usually dismiss such charges.

Most religious minorities are concentrated in Istanbul, and the 
number of Christians in the south has been declining as the 
younger generation leaves Turkey for Europe and North America.

The status of only three minorities--Armenians, Jews, and 
Greeks--was recognized under the Lausanne Treaty.  Other 
religions may not acquire additional property for churches.  
The Catholic Church in Ankara, for example, is confined to 
diplomatic property.  The State must approve the operation of 
churches, monasteries, synagogues, schools, and charitable 
religious foundations, such as hospitals and orphanages.

The Jewish community is well integrated into Turkish society, 
although it fears the possibility of rising Islamic extremism.  
The only problems the Jewish community reported in 1994 were 
petty thefts; facsimiles sent early in the year by the Muslim 
fundamentalist terrorist organization Ibda-c, urging Turks to 
cease doing business at Jewish-owned establishments; and some 
damage to tombstones.

The activities of Greek Orthodox and Armenian churches and 
their affiliated operations are carefully monitored and closely 
calibrated to the state of political relations between Turkey 
and Greece and between Turkey and Armenia.  In November, the 
Istanbul Deputy Governor for the first time called in and 
questioned the Armenian Patriarch on the Church's activities.

The Ministry of Education tightly controls the curriculums in 
foreign-language schools.  Greek educators complain that the 
Turkish Ministry of Education is extremely slow to approve 
Greek-language textbooks, including those in such 
noncontroversial subjects as mathematics and the natural 
sciences.  They claim that, rather than allowing the use of 
texts from Greece, the Ministry wants them to use Greek 
translations of Turkish textbooks.  In September the Turkish 
and Greek Governments eased a longstanding problem of 
schoolteachers for Istanbul's Greek community and for Turks in 
Western Thrace.  Because there was no physical education 
teacher at one of the Greek high schools, a few graduating 
seniors were initially denied their diplomas.  The problem was 
worked out in time for them to enroll in university in the 
fall, but many Greek students report difficulty in continuing 
their education in Turkey and go to Greece, often never to 
return.

The Greek Patriarchate (Istanbul is the see of the ecumenical 
Patriarchate of the Eastern Orthodox faith) has consistently 
expressed interest in reopening the seminary on the island of 
Halki in the Sea of Marmara.  The seminary has been closed 
since the 1970's when the State nationalized all private 
institutions of higher learning.  Turkish officials, however, 
have used a variety of excuses to keep it closed.

During the last few years, there have been instances of 
graffiti, stones tossed over the walls, and press attacks on 
the Patriarchate and the Patriarch.  In May three bombs were 
found inside the Patriarchate walls.  Police defused them, and 
since then have provided enhanced protection for the 
Patriarchate.  While the Patriarchate views the Turkish 
authorities as responsive to its needs, it has undertaken its 
own security improvements.

The Armenian Patriarchate has reported similar attacks against 
Armenian churches in the city as well as problems similar to 
those of the Greek Patriarchate.  Armenian church officials 
also complain of petty harassment from local officials (such as 
delays or refusals in receiving building permits) and growing 
encroachment by certain Muslim extremist groups on lands 
belonging to the Armenian community, especially on the Princes' 
Islands in the Sea of Marmara.

The Islamic terrorist organization Ibda-c claimed 
responsibility for bombs which exploded on May 19 in front of 
Istanbul's Santa Maria and Saint Antoine churches, causing some 
damage.

Bureaucratic procedures relating to historic preservation 
impede repairs to some religious facilities.  Under Turkish 
law, religious buildings that become "extinct" (because of 
prolonged absence of clergy or lay persons to staff local 
religious councils) revert to government possession.  Some 
non-Muslim minorities, particularly the Greek Orthodox and, to 
a lesser extent, the shrinking Armenian Orthodox and Jewish 
communities, are faced with the danger of losing some of their 
houses of worship.

     d.  Freedom of Movement Within the Country, Foreign 
         Travel, Emigration, and Repatriation

Citizens generally enjoy freedom of movement within Turkey and 
the freedom to travel abroad.  The Constitution provides that a 
citizen's freedom to leave may be restricted only by the 
national economic situation, civic obligations (e.g., military 
service), or criminal investigation or prosecution.  Each 
Turkish citizen (except those regularly working abroad) must 
pay a departure tax of $100 for every departure from the 
country.  This tax is to be phased out in 1995.

Travel in the southeast sometimes is restricted for security 
reasons.  Roadblocks, set up by both Turkish security forces 
and the PKK, can seriously impede travel in the region.  
Allegedly, security forces on occasion closed off villages and 
surrounding regions making it impossible to investigate reports 
of human rights abuses.

Although Turkey is a signatory to the U.N. Convention on 
Refugees, it officially accords refugee status only to 
claimants from Eastern Europe and the former Soviet Union.  
Asylum seekers from elsewhere are referred to the United 
Nations High Commissioner for Refugees (UNHCR) for 
third-country resettlement.

The Government has cooperated with the UNHCR in dealing with 
large groups of Iraqis and Iranians seeking to qualify as 
refugees.  Since July 15, 1994, Turkey has exercised its right 
to make decisions on the qualifications of individual 
refugees.  The Turkish Government now screens Iranians who 
claim asylum before referring those it considers bona fide to 
UNHCR for resettlement.  During the screening process, UNHCR 
may provide technical assistance to the Turkish Government.  In 
addition, at least 15,000 Bosnians have found temporary refuge 
in Turkey, the majority living with friends and relatives and 
another 3,000 in camps established by the Turkish Government 
with UNHCR support.

Section 3  Respect for Political Rights:  The Right of Citizens 
           to Change Their Government

According to the Constitution, citizens have the right and 
ability to change their government peacefully.  Turkey has a 
multiparty parliamentary system, in which elections are held at 
least every 5 years on the basis of mandatory universal 
suffrage for all citizens aged 21 and over.  As of October, at 
least 25 political parties were operating in Turkey, 10 of 
which were represented in Parliament.  The Grand National 
Assembly (parliament) elects the President as Head of State 
every 7 years, or when the President becomes incapacitated or 
dies.

There are no restrictions in law against women or minorities 
voting or participating in politics, but the Government has 
made repeated efforts to frustrate political activities of 
those who emphasize their Kurdish ethnicity.  As noted in 
Section 2.b., the Constitutional Court closed the pro-Kurdish 
DEP in 1994.  It immediately reformed as HADEP.  Additionally, 
the Constitution forbids students, university faculty members, 
and trade unionists from active participation in party 
politics.

In February the Interior Ministry discharged three 
democratically elected mayors in the southeast, all from the 
DEP:  Kozluk (Batman province) mayor Abdullah Kaya; Kurtulan 
(Siirt province) mayor Cemil Akgul; and Lice (Diyarbakir 
province) mayor Nazmi Balkas.  In September the Istanbul SSC 
sentenced Kaya and Balkas to 20 months in prison each and fined 
them TL 210 million ($700) each for allegedly separatist 
statements they had given to the newspaper Ozgur Gundem.

In the runup to nationwide local elections held on March 27, 
there were serious threats to the safety of candidates in the 
southeast.  A number of DEP candidates were threatened and a 
few killed, and party offices of several political parties were 
bombed.  As of the end of the year, none of the perpetrators 
had been apprehended.  On February 24, the DEP withdrew from 
the elections, claiming it was not safe for its candidates.  On 
March 1, the PKK demanded that people boycott the elections and 
threatened to kill both candidates and voters who went to the 
polls.  The elections went forward peacefully throughout the 
country.

Apart from banning the DEP, the Constitutional Court formally 
closed the small Greens party on the grounds that its 
executives had not submitted their financial accounts and other 
necessary documents for the year 1988; and it also closed the 
Turkish Socialist Party because its platform allegedly aimed at 
destroying the unity of the country and its people.

The Constitution calls for equal political rights for men and 
women; however, only eight women representing three parties 
were elected to the Parliament in 1991.  In addition to Prime 
Minister Ciller, there is one female Cabinet Minister.  
Political parties now recruit female delegates for their party 
conferences and electoral lists.  Women's committees are active 
within political party organizations, although formal youth and 
women's wings are not permitted under the Constitution.

Section 4  Governmental Attitude Regarding International and 
           Nongovernmental Investigation of Alleged Violations 
           of Human Rights

A nongovernmental Human Rights Association (HRA), officially 
approved in 1987, has branches in 50 provincial capitals, but 
at year's end 13 had been closed, all of them in the east and 
southeast.  It claims a membership of about 20,000.  In 1990 
the HRA established its companion Human Rights Foundation (HRF) 
which, in addition to operating torture rehabilitation centers 
in Ankara, Izmir, and Istanbul, serves as a clearinghouse for 
human rights information.  Other nongovernmental organizations 
include the Ankara-based Turkish Democracy Foundation, the 
Istanbul-based Helsinki Citizens Assembly, and human rights 
centers at a number of universities.

Government agents have increasingly harassed human rights 
monitors, as well as lawyers and doctors involved in 
documenting human rights violations.  Some have reported 
receiving death threats from unknown parties.  At least one 
human rights monitor was killed.  A number have been 
aggressively prosecuted as well.  In December, a SSC trial 
opened against Yavuz Onen, President of the HRF, and Fevzi 
Argun, head of the HRF'S Documentation Center, for allegedly 
separatist language in the booklet "File of Torture."  They 
were acquitted in January along with four defendants from the 
HRA who had been indicted for their publication of "A 
Cross-Section of Burned-Down Villages."  In December three 
members of the board of the Diyarbakir HRA were arrested on 
charges of separatism and four others were being sought for 
their 1992 publication of "Report On The State Of Emergency 
Region, 1992."

Some government officials, including some prosecutors and 
police, punitively apply various laws to restrict the HRA's 
activities.  For example, officials ordered various branches of 
the HRA closed for periods of weeks or months generally on 
charges that they had violated the associations law through 
publication of a press statement or allegedly separatist 
material (see Section 2.b.).  An HRA president in southern 
Turkey said he and his board remained under surveillance, and 
one in eastern Turkey noted that many board members had left 
the city or resigned because they were concerned about their 
personal safety.

The president of the Siirt HRA, who was arrested on February 
26, 1993, and detained for 3 months on charges of giving aid 
and comfort to the PKK, was again arrested on January 21, 1994, 
after which the local branch closed.  He was released in 
October, but charges against him have not been dropped.  Sedat 
Aslantas, chairman of the Diyarbakir HRA branch and vice 
chairman of the Turkish HRA, was arrested on May 13 by the 
Ankara SSC on charges related to a joint press statement issued 
in May 1993 by Diyarbakir union and association leaders.  That 
trial continued as of the end of the year.  On December 5, he 
was imprisoned for 3 years based on an earlier case involving 
his speech during an HRA congress in October 1992.  The HRA 
representative in the town of Derik, Mardin province, who was 
detained six separate times in 1993, has moved away, and the 
local HRA office is closed.  Muhsin Melik, founder of the 
Sanliurfa branch of the HRA and former president of the DEP 
branch office, was shot and killed on June 2.  Before his 
death, he identified his assailants as police officers.  There 
have been no arrests in connection with this case.  Other HRA 
offices closed for similar reasons include those in Sirnak, 
Nusaybin, Tunceli, Dogubeyazit, and Cizre.  Many of these 
investigations and prosecutions, as well as many arrests of 
human rights monitors, stemmed from alleged violations of the 
law on associations or the holding of illegal demonstrations. 
Surveillance and harassment of HRA members in the southeast 
continues on a regular basis.

Since 1991, Parliament has had a Human Rights Commission.  The 
Commission is authorized to oversee Turkey's compliance with 
the human rights provisions of Turkish law and international 
agreements to which Turkey is a signatory, investigate alleged 
abuses, and prepare reports.  Claiming it is underfunded and 
lacks the necessary powers to subpoena witnesses or documents, 
the Commission has been inactive and ineffective.  In August 
the State Minister in charge of human rights announced the 
establishment of a human rights advisory department connected 
to the Prime Ministry would be established to investigate 
allegations of human rights violations and monitor 
international human rights developments.

While representatives of diplomatic missions who wish to 
monitor the state of human rights in Turkey are free to speak 
with private citizens, security police may place such visitors 
in the southeast and the east under surveillance, and the 
presence of security officials may have an intimidating effect 
upon those interviewed.  Access to government officials or 
facilities has been restricted at times, although in 1993 and 
1994 high-level visitors obtained most of the appointments they 
requested, including access to detention facilities.  However, 
in August a delegation from Human Rights Watch/Helsinki was 
unable to obtain the cooperation of the Regional Super 
Governor's office to investigate PKK human rights abuses 
outside of Diyarbakir.  In September Amnesty International's 
principal researcher for Turkey was declared persona non 
grata.  Also in September, the Foreign Minister announced his 
intention to restrict foreign visitor access to judges and 
prosecutors.

Section 5  Discrimination Based on Race, Sex, Religion, 
           Disability, Language, or Social Status

The Constitution proclaims Turkey to be a secular state, 
regards all Turkish citizens as equal, and prohibits 
discrimination on ethnic, religious, or racial grounds.  The 
Government officially recognizes only those religious 
minorities mentioned in the Treaty of Lausanne (1923), which 
guarantees the rights of Greek Orthodox, Armenian Apostolic, 
and Jewish adherents.  Despite constitutional provisions, 
discrimination remains a problem in several areas.

     Women

Traditional family values in rural Turkey place a greater 
emphasis on advanced education for sons than for daughters.  
Far fewer girls than boys continue their education after 
primary school.  The illiteracy rate for women is approximately 
29 percent, some 10 percent higher than for the population as a 
whole.  Turkey's civil code, which prohibits granting 
gender-based privileges or rights, retains some discriminatory 
provisions concerning marital rights and obligations.  Because 
the husband is the legal head of household, the wife 
automatically acquires the husband's surname with marriage; the 
husband is authorized to choose the domicile and represents the 
conjugal unit.  As parents, husband and wife exercise their 
rights jointly, but when they disagree, the husband's view 
prevails.  Women's groups have lobbied to change this 
provision.  Divorce law requires that the divorcing spouses 
divide their property according to property registered in each 
spouse's name.  Because in most cases property is registered in 
the husband's name, this can create difficulties for women who 
wish to divorce.  With regard to inheritance laws, a widow 
generally obtains one-fourth of the estate.

Although spousal abuse is a serious and widespread problem, it 
is still considered an extremely private matter, involving 
societal notions of family honor.  Few women go to the police, 
who in any case are reluctant to intervene in domestic disputes 
and frequently advise women to return to their husbands.  Turks 
of either sex may file civil or criminal charges but rarely 
do.  A combination of laws and ingrained societal notions make 
it difficult to prosecute sexual assault or rape cases.  By 
law, penalties may be reduced if a woman was not a virgin prior 
to a rape.  Penalties may also be reduced if a judge deems the 
woman to have acted provocatively.  There are several shelters 
for battered women, and at least two consultation centers, 
Istanbul's the Purple Roof Foundation and Ankara's Altindag 
Center.  In a 1-year period, 400 women applied to one major 
city shelter.

Particularly in urban areas, women are improving their position 
overall, including in the professions, business, and the civil 
service, although they continue to face discrimination to 
varying degrees.  Numerous women have become lawyers, doctors, 
and engineers since the 1960's.  In March a woman for the first 
time was elected chief justice of a court of appeals.  Women 
comprise about 36 percent of the work force; approximately 80 
percent of working women are employed in agriculture.  They 
generally receive equal pay for equal work in the professions, 
business, and civil service jobs, although a large percentage 
of women employed in agriculture and in the trade, restaurant, 
and hotel sectors work as unpaid family help.  The arbitrary 
barrier to women becoming governors and subgovernors 
(government-appointed positions) has been breached, and women 
may now take the examination required to become a subgovernor.  
Several have been appointed subgovernors, and one governor is a 
woman.

Independent women's and women's rights associations exist, but 
the concept of lobbying for women's rights has not gained 
currency.

     Children

The Government is committed to furthering children's welfare 
and is working to expand opportunities in education and health, 
including further reduction of the infant mortality rate.

Children have suffered greatly from the cycle of violence in 
southeastern Anatolia.  School closings and the migration of 
many families, forced or voluntary, have uprooted children to 
cities which are hard pressed to find the resources to extend 
basic, mandatory services, such as schooling.  The Government 
is establishing regional boarding schools in the southeast to 
help combat this problem but not enough to meet the need.  The 
HRF claims that 78 children were subjected to torture between 
January 1989 and July 1994.

     National/Racial/Ethnic Minorities

The Constitution, following the Treaty of Lausanne, does not 
recognize the Kurds in Turkey as a national, racial, or ethnic 
minority.  Many human rights abuses are targeted at Kurds who 
insist on publicly or politically asserting their Kurdish 
ethnic identity, and their supporters.

Kurds who are long-term residents in industrialized cities in 
western Turkey have been, for the most part, assimilated into 
the political, economic, and social life of the nation.  Kurds 
who are currently migrating westward (including those displaced 
by the conflict in the southeast), bring with them their 
Kurdish culture and village identity; many simply are not 
prepared for urban life.

Most parliamentary representatives from southeastern Turkey are 
ethnic Kurds, but representatives of Kurdish ethnic origin have 
been elected from districts far removed from the southeast.  
Several Cabinet Ministers, more than 25 percent of M.P.'s and 
other government officials claim an ethnic Kurdish background.

The increasing violence of the fighting in the southeast is 
polarizing ethnic Turks and Kurds and creating a climate of 
intolerance.  Particularly in cities such as Adana and Mersin, 
which have witnessed a large influx of Kurds fleeing the 
violence in the southeast, tensions continue to rise.  With PKK 
bombings in Aegean resort towns and Istanbul, tensions have 
also spread westward, making it difficult, for example, for 
some otherwise qualified new migrants to find work in the 
western cities.

The 1991 repeal of the law prohibiting publications or 
communication in Kurdish legalized some spoken and printed 
Kurdish communications.  Under the political parties law, 
however, all discussion that takes place at political meetings 
must be in Turkish.  Kurdish may be spoken only in 
"nonpolitical communication."  Court proceedings (and all 
government functions, including public education) continue to 
be conducted in Turkish, disadvantaging those Kurdish-speaking 
defendants who have to rely on court-provided translators.   
Moreover, materials dealing with Kurdish history, culture, and 
ethnic identity continue to be subject to confiscation and 
prosecution under the "indivisible unity of the State" 
provisions of the Anti-Terror Law.

The Roma population is extremely small, and there were no 
reported incidents of public or government harassment directed 
against Roma during 1994.

     People with Disabilities

To date legislation dealing with the disabled is piecemeal, and 
there is little legislation regarding accessibility for the 
disabled.  Certain categories of employers are required to hire 
disabled persons as 2 percent of their employee pool, although 
there is no penalty for failure to comply.

Section 6  Worker Rights

     a.  The Right of Association

Most workers have the right to associate freely and form 
representative unions.  Exceptions are schoolteachers (both 
public and private), civil servants, the police, and military 
personnel.  Upon taking office in June 1993, the Government of 
Prime Minister Ciller renewed the pledge to bring Turkish labor 
legislation into conformity with the standards of the 
International Labor Organization (ILO), and its intention to 
grant trade union rights to civil servants (including 
teachers).  In early 1994, the Government introduced in 
Parliament a bill to grant to civil servants the legal right to 
form unions, which includes some collective bargaining rights.  
The draft law would also allow the Government to determine 
whether to permit a particular strike by civil servants.  In 
May a combination of center-right and Islamist-right political 
party deputies voted against the draft in parliamentary 
committee.  The Government and Parliament must now reconcile 
their differences on this legislation.  Permission for civil 
servants to form trade unions and for unions to engage in 
political activity will require amendments to the Constitution 
--a procedure further complicated by the need to gain support 
among the opposition parties in order to secure the requisite 
two-thirds majority.

The law states that unions and confederations may be founded 
without prior authorization based on a petition to the governor 
of the province where the union's headquarters are to be 
located.  Although unions are independent of the Government and 
political parties, they must have government permission to hold 
meetings or rallies and must allow police to attend conventions 
and record the proceedings.  The Constitution requires 
candidates for union office to have worked 10 years in the 
industry represented by the union.  Some 14 percent of the 
total civilian labor force (aged 15 and above) are unionized.  
There are three confederations of labor unions in Turkey:  the 
Turkish Confederation of Workers Unions (Turk-Is), the 
Confederation of Turkish Real Trade Unions (Hak-Is), and the 
Confederation of Revolutionary Workers Unions (DISK).  There 
are also some independent unions.

Unions and their officers have a statutory right to express 
views on issues directly affecting members' economic and social 
interests, but the Constitution prohibits any union role in 
party politics (such as organic or financial connections with 
any political party or other association).  In practice, unions 
have been able to convey clearly in election and referendum 
campaigns their support for, or opposition to, given political 
parties and government policies.  In May the Government 
proposed a "democratization" package.  One of its proposals 
would allow unions and other groups (women and students, for 
example) to have formal links to political parties.  
Prosecutors may request labor courts to order a trade union or 
confederation into liquidation based on alleged violation of 
specific legal norms.  The Government, however, may not 
summarily dissolve a union.

The right to strike, while guaranteed in the Constitution, is 
partially restricted.  For example, workers engaged in the 
protection of life and property and those in the mining and 
petroleum industries, sanitation services, national defense, 
and education do not have the right to strike.  Collective 
bargaining is required before a strike.

The law specifies the series of steps a union must take before 
it may strike or an employer may engage in a lockout.  
Nonbinding mediation is the last of those steps.  In sectors in 
which strikes are prohibited, disputes are resolved through 
binding arbitration.  A party that fails to comply with these 
steps forfeits its rights.  The struck employer may respond 
with a lockout but is prohibited from hiring strikebreakers or 
using administrative personnel to perform jobs normally done by 
strikers.  Article 42 of Law 2822, governing collective 
bargaining, strikes, and lockouts, prohibits the employer from 
terminating workers encouraging or participating in a legal 
strike.  Unions are forbidden to engage in secondary 
(solidarity), wildcat, or general strikes.

The Government also has the statutory power to suspend strikes 
for 60 days for reasons of national security or public health 
and safety.  Unions may petition the Council of State to lift 
such a suspension, but if this appeal fails the strike is 
subject to compulsory arbitration at the end of the 60-day 
period.  Some 24 strikes, involving about 1,800 workers, took 
place in the first 10 months of 1994.  The Government did not 
suspend any strikes in 1994.

With government approval, unions may and do form or join 
confederations and international labor bodies, as long as these 
organizations are not hostile to Turkey or to freedom of 
religion or belief.  The International Confederation of Free 
Trade Unions (ICFTU) approved DISK as an affiliate in December 
1992.  Turk-Is is a longstanding member.  Hak-Is applied for 
ICFTU affiliation in 1993.  The application remains pending 
with the ICFTU.

In June the Parliament reapproved ILO Convention 158 
(termination of employment at the initiative of the employer), 
a measure which the late President Ozal had vetoed in 1992 
after the Parliament had passed it.  President Demirel signed 
the measure.  As mentioned in Sections 2.a. and 2.b. above, in 
some instances labor union members have been the subject of 
government limits on freedom of speech and assembly.

     b.  The Right to Organize and Bargain Collectively

All industrial workers have the right to organize and bargain 
collectively, and most industrial activity and some public 
sector agricultural activities are organized.  The law requires 
that, in order to become a bargaining agent, a union must 
represent not only 50 percent plus one of the employees at a 
given work site but also 10 percent of all the workers in that 
particular industry.  This 10-percent barrier has the effect of 
favoring established unions, and particularly those affiliated 
with Turk-Is, the confederation that represents nearly 80 
percent of organized labor in Turkey.

The ILO has called on Turkey to rescind this 10-percent rule.  
Both Turk-Is and the Turkish employers' organization favor 
retention of the rule, however, and the Government has not 
until now pursued a change.  However, the government 
representative informed the ILO Committee on the Application of 
Standards that the Ministry of Labor and Social Security now 
proposes to remove the 10-percent numerical restriction, and 
that its proposal had been communicated to the social 
partners.

The law on trade unions stipulates that an employer may not 
dismiss a labor union representative without rightful cause.  
The union member may appeal such a dismissal to the courts and, 
if the ruling is in the union member's favor, the employer must 
reinstate him and pay all back benefits and salary.

Union organizing and collective bargaining are permitted in the 
duty-free export processing zones at Antalya, Istanbul, Izmir, 
and Mersin.  Workers in those zones, however, are not allowed 
to strike during the first 10 years of operation.  Until then, 
settlements not otherwise reached will be determined by binding 
arbitration.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution and statutes prohibit compulsory labor.  The 
laws are enforced.

     d.  Minimum Age for Employment of Children

The Constitution and labor laws forbid employment of children 
younger than 15 years of age, with the exception that those 
aged 13 and 14 may engage in light part-time work if enrolled 
in school or vocational training.  The Constitution also 
prohibits children from engaging in physically demanding jobs, 
such as underground mining, and from working at night.  The 
Ministry of Labor effectively enforces these laws only in the 
organized industrial sector.

In practice, many children work because families frequently 
need the supplementary income.  An informal system provides 
work for young boys at low wages, e.g., in auto repair shops.  
Girls are rarely seen working in public, but many are kept out 
of school to work in handicrafts, especially in rural areas.  
Turkey is participating in the ILO's international program on 
the elimination of child labor.

     e.  Acceptable Conditions of Work

The Labor Ministry is legally obliged to set minimum wages at 
least every 2 years through a minimum wage board, a tripartite 
government-industry-union body.  In recent years it has done so 
annually.  In July the nominal minimum wage in Turkish lira 
(TL) was increased by approximately 67 percent over the year 
before.  The monthly minimum wage rate (after taxes), which 
became effective September 1, is approximately $86 for workers 
older than 16 and about $73 for workers under 16 at the 
exchange rate prevailing in September.

It would be difficult for a single worker, and impossible for a 
family, to live on the minimum wage without support from other 
sources.   Most workers earn considerably more.  Workers 
covered by the labor law, who constitute about one-third of the 
total labor force, also receive a hot meal, daily food 
allowance; transportation to and from work; a fuel allowance; 
and other fringe benefits which, according to the Turkish 
employers' organization, make basic wages alone only about 37 
percent of total remuneration.

Labor law provides for a nominal 45-hour workweek, although 
most unions have bargained for fewer hours.  The law prescribes 
a weekly rest day.  Labor law limits the number of overtime 
hours to 3 hours a day for up to 90 days in a year.  The labor 
inspectorate of the Ministry of Labor effectively enforces wage 
and hour provisions in the unionized industrial, service, and 
government sectors.

Occupational health and safety regulations are mandated by law, 
but the Government has not carried out an effective inspection 
and enforcement program.  Law 1475 allows for the shutdown of 
an operation if a five-man committee, which includes safety 
inspectors, employee, and employer representatives, determines 
that the operation endangers workers' lives.  In practice, 
financial constraints, limited safety awareness, carelessness, 
and fatalistic attitudes result in scant attention to 
occupational safety and health by workers and employers alike.


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[end of document]

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