Kani Yilmaz Update

[stk at schism.antenna.nl]

DEFEND THE KURD DEFEND HUMAN AND CIVIL 
RIGHTS IN BRITAIN AND EUROPE

44 Ainger Road
London NW3 3AT



Press Release 8 july 1996


Kani Yilmaz: Update
His lawyers intend to appeal to the House of Lords

On 4 1996 the Divisional Court gave judgement in the
application for Habeas Corpus in the case of Kani Yilmaz,
European spokesman of the Kurdish National Liberation Front
(ERNK) and the PKK (Kurdistan Workers Party). Mr. Yilmaz was
arrested in London in October 1994 just before he was due to
address a meeting of British parlementarians concerning the
announcement of PKK ceasefire proposals regarding its conflict
with the Turkish Republic. He was initially arrested on
grounds of national security, despite having entered the
country legally some three days earlier. Mr. Yilmaz was later
detained in custody persuant to a request for his extradition
made by the Federal Republic of Germany for alleged
participation in a wave of bombing campaigns carried out by
the PKK in June and November 1993.

The present Judgement upheld the legality of the request and
dismissed the application for Habeas Corpus. Lawyers Mike
Mansfield and Mark Miller on Mr. Yilmaz's behalf had sought to
argue that the request was made in bad faith and on account of
his political opinions and prominence within the Kurdish
community in Germany and not in consequence of any credible
evidence of guilt. Furthermore, it was submitted that the
offences were of a "political character" and therefore not
extraditable in any event. The Divisional Court rejected both
grounds, the first due to lack of evidence, the second by
virtue of ruling at law.

The Court did however find as a fact that the offences were
politically rather then criminally motivated. It held that the
offences were in part directed towards the Federal Republic's
foreign policy toward Turkey and its hostile domestic policy
towards Kurds within the FRG. However, it ruled, as matter of
law, that such offences could only be of a political character
within the meaning of the Extradition Act 1989, if they were
directed solely against the requesting state. It, therefore,
dismessed the applicant's legal subsmission that a dual
purpose was permissible within the meaning of the Act.

Mr. Yilmaz's lawyers have given notice of their intention to
appeal to the House of Lords on this important point of law,
which has clear implications for all emigree dissidents
currently in exile in the UK and for the future scope of
security operations between European states.

In Germany the PKK is banned since November 1994 and many
Kurdish cultural ans community organisations have been closed
down. Members of the Kurdish community have been subject to
numerous restrictions on their civil rights and to police
harassment. Germany is also one of Turkey's closest NATO
allies and a main arms supplier.




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Solidaritygroup Turkey-Kurdistan
Memberorganisation of Foundation Initiativegroup Kurdistan
P.O. Box 85306
3508 AH Utrecht
The Netherlands
stk at schism.antenna.nl
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