Turkey: Osman taken to military unit

[warresisters at gn.apc.org]

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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 nd 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 satated: "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
Karstitlarie Dernegi - Izmir Association of War Resisters.

Today's hearing was that by the act of burning his military
papers Osmans 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
-- stoop 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 Conventions of Human Rights.

After this, the trial was adjourned to give more time
to the lawyers and - as we think - to gve 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

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