Turkey: Osman taken to unit

[warresisters at gn.apc.org]

From: War Resisters International <warresisters>

/* Written  2:58 PM  Nov 19, 1996 by warresisters in gn:wri.news */
/* ---------- "Turkey: Osman taken to unit" ---------- */

TURKEY: OSMAN TAKEN TO MILITARY UNIT

19 November, Tuesday

Turkish war resister Osman Murat Uelke is being taken to 
the 9th Gendarme Unit in Bilecik, Bursa, Turkey.  Please 
send fax messages there, stressing that you fear for his security.  
And please distribute these numbers to human rights organisations 
and sympathetic politicians:
        Phone   + 90 228 212 1117
        Fax     + 90 228 212 2418

REPORT ON OSMAN'S FIRST HEARING
The Turkish conscientious objector Osman Murat Uelke (age 26) today 
has been released from military prison by the Military Court of the 
General Staff, Ankara, Turkey.  Immediately after his release, he 
is to be taken to his military unit, the 9th Gendarme Unit in 
Bilecik, in the Bursa area (near Istanbul).

The Turkish war resisters movement now fears - as does the 
international delegation which attended the court hearing - 
that Osman, as a person who criticises the military, will not 
be safe in the hands of the military itself. The movement is 
planning new activities to support Osman, and his lawyers 
and the delegation are thinking about going to Bilecik in 
order to show the commander of the unit that there is an 
ongoing national and international concern for the 
conscientious objector, Osman Murat Uelke.

If Osman Murat Uelke continues to resist military service 
in the unit - and there is no doubt this is his intention - 
after a period of one week in solitary confinement in a 
barracks cell and in case of persistent disobedience he may 
- according to Turkish Military Penal Law - be sentenced 
to between three months and three years in prison. And 
this sentence could be repeated several times.

Today's trial was the first in Turkey to deal with 
conscientious objection. Osman Murat Uelke received his 
draft papers on 31 August last year. He did not go 
to his unit.  On 1 September, he declared himself to 
be a CO and burned his military papers.  He stated: 
"I am not a soldier. I am not going to be a soldier. 
And if I am taken to the barracks I will resist - 
until the end". He told the army that he is not a 
draft evader. He would not hide himself.  The army 
could find him any day in the office of the Savas 
Karsitlari Dernegi - Izmir Association of War 
Resisters.

Today's hearing was that by the act of burning his 
military papers Osman was trying to "alienate the 
people from the military" (Article 155 of the 
Turkish Penal Code). Fifteen lawyers were there 
to defend Osman. The military prosecutor was not 
alone - he was accompanied by six others. When 
Osman entered the courtroom, guarded by four 
soldiers carrying weapons, about 35 people 
in the public area -- including three international 
observers from War Resisters' International -- stood 
up in honour and solidarity with Osman.

Throughout the trial the press and some TV cameras, 
including German TV ARD, were reporting it. This shows 
that the question of CO is on the public agenda in 
Turkey as part of the movement for human rights and 
freedom of thought.

The trial began with the attempt of the first military 
judge to reduce the number of lawyers. Finally, he 
accepted all of them. Then the lawyers made some 
procedural arguments: one of the three judges was 
not a qualified judge but only an officer (the others 
were both qualified judges and officers of the Turkish 
Army); the trial should have taken place in the town 
where the 'crime' was committed; Osman is not a soldier 
but a civilian, so he should be tried in a civilian court. 
The judges did not accept these submissions.

For the international delegation this showed some of 
the problems of having both civilian and military courts 
in Turkey. Today, it seemed that the military itself had 
jurisdiction. In terms of Human Rights, it is more than 
doubtful whether an independent trial can be guaranteed.

Then there was some questioning of Osman about what he 
had declared and done. Again, he declared himself a CO.
The military judge told him that there is no such law in 
Turkey. Osman replied: "That might be the problem of the 
Turkish state and the problem of the military court.
But it is not my problem."

After questioning Osman, the lawyers brought in some 
international declarations in support of the right to CO, 
such as the European Convention of Human Rights.

After this, the trial was adjourned to give more time to 
the lawyers and - as we think - to give the military 
judges time to find some counter-arguments. Osman Murat 
Uelke was released from military prison, but at once 
taken to his unit.

- Tony Smythe, War Resisters' International 
- Holger Jaenicke and Jan Brauns, DFG-VK, Dortmund