APPENDIX D: OFFICIAL COURT TRANSCRIPT OF THE

KURTULUS TRIAL IN DIYARBAKIR

SEPTEMBER 7, 1983

All the detainees are brought from prison and are seated freely, the undetained accused Umit Kaya came and was

seated. Lawyers Ali Kalan, Cimsit Bilek, Ali Alay and Fethi Gumus came and were seated. Other accused and their lawyers

did not come, the trial open to the public continued.

It was understood that the accused, whose detention was

ordered in absentia, were not yet detained....

Accused Ismail Iyem: "There are 2,191 detainees and prisoners in the prison. At least 100 of them have started a hunger strike. The hunger strike was begun with no political aim, but only to bring an end to the oppression and torture that has been going on for three years and to obtain the right to live like a human being. All the detainees in the prison are supporting the hunger strike. As I said before there is no political aim. We just want the right to live like human beings. Let our demands be known to the 7th Army Corps and Martial Law Command. We are submitting (our demands) to the court. We are determined to go up to the National Security Council, if necessary. We also want our lawyers, relatives, families and spouses to support us in our demands. We are determined not to see anyone in prison until our demands are met. Furthermore, before attending

court sessions we were ordered not to answer anything other

than questions asked in the court, to sit immediately when ordered, and to stand at attention. If we disobeyed the

orders, they threatened that they would insert their truncheons into us anally. Even though we are innocent, we cannot prepare our defense because of the oppression of the prison authorities. We cannot prepare a dfence that can prove our innocence in the hearings. Those who defended themselves in the hearing were tortured when they were brought back to the prison. We are ready to prove it if it is necessary."

Accused Adnan Gulluoglu: word what my friends have said.

"I accept and support word for

I am a participant in the

hunger strike. In the prison, truncheons were inserted anally into three persons, or actually into five persons. We all saw it. We cannot stand the tortures anymore. We have rotted. Even if we get out, we will go out broken. I want to inform the court that if the prison authorities continue in the same way, we are going to prepare actions on a larger scale. The jaw of a dentist, who was detained in the prison, is broken. His name is Remzi Kartal. He is now under medi

cal treatment in a military hospital. The official Minutes said that he fell from his prison berth.

There were many

other instances similar to this one. I can give the names of persons into whom truncheons were inserted.

Before the first

hearing my tooth was broken so that I would not speak. A truncheon was inserted into Suleyman Tugay anally and it was shown to all the people in the ward. I saw it and I can wit

ness it if necessary.

And everybody in the ward is ready to

bear witness if necessary. All the friends in the hunger

strike say 'long live death.'

This is our aim."

Accused Ibrahim Iyem: "Umit Kaya was in our ward. He was sent to an asylum after his beating, and there is still another in our cell in the same situation. There also many others who are suffering from nerves. I surrendered

voluntarily.

I was expecting to be released immediately since I was innocent. I haven't been able to prove my innocence to this day."

Other accused said that they shared totally what their friends had said. Umit Kaya said: "The reason for my illness is the torture I was subjected to in prison."

Lawyers and accused repeated their previous demands. The Military Prosecutor said: "Let the missing legal points be completed and the detention of the accused continue in accordance with the crimes and in accordance with the evidence at hand."

We have reached a decision. It is resolved with absolute majority that:

1. The Court should wait for the detention of the ac

cused that are at large.

2. Since it is understood that the accused Orhan Ayhan is not present at his address at Ankara, a new warrant should be written to find his address and necessary steps should be taken to prepare the additional documents related to his defense in accordance with the answer to this warrant.

3. Since the address in Izmit of the witness Harun

Emir is known, instructions should be sent to the Izmit Criminal Court of Major Cases so that he can be heard in court... 11. Since the accused have informed the court that tortures have reached inhuman magnitudes and that unless an end is put to these tortures they will join the hunger strikers. They have asked the court to inform the pertinent authorities about the situation.

This demand has been found appro

priate and the Martial Law Command should be so informed with the Minutes of this hearing attached.

June 21, 1983

Mr. YATRON. Thank you very much, Ms. Laber, for your testimony and also for your excellent recommendations. Our next witness is Mr. Buz. Mr. Buz, will you please proceed.

STATEMENT OF SAHABEDDIN BUZ, FROM TURKEY 1

Mr. Buz. Mr. Chairman and worthy members. My name is Sahabeddin Buz and I have lived since 16 years in Germany.

While on a visit home in Turkey, I was arrested the night of September 18-19, 1982.

I was first brought to the local precinct of the local military police and then, from there, transported with blindfolded eyes to the political police in Antakya. Toward evening on the following day, I was brought blindfolded into a room.

There I was asked if I knew why I was there. After I answered "no," a number of police officers began striking me.

I was subsequently informed that I had to reflect on the reason I was brought there.

Later that night, I was once again fetched and confronted with the same question. Once again, the brutal beating was repeated. I was slugged and kicked back and forth between police officers.

During this episode, one of my teeth was knocked out. Afterwards, I fell unconscious and awoke the next morning. My entire body was swollen. I could barely see and could not move.

I was given nothing to eat or drink the whole day. Toward evening, the same form of torture was reapplied to me. Following these 2 days of beatings, I was next brought into a room equipped with a built-in beam and furnished with a number of meat cleavers. I was hung up by my wrists so that only the tips of my toes were touching the floor with the majority of my weight being suspended. This suspension method of torture, also administered with blindfolded eyes, lasted 4 days and nights.

'This statement is translated as it is spoken; only the English/translated version is printed herein.

Besides not having been given anything to eat or drink, I was also threatened with having to eat my own excrement. During these 4 days, I had sandbags and fists slammed against my stomach and chest. In addition, my genitals were crushed. Though I still couldn't make any kind of a statement after 4 days, the falaka was inflicted upon me, for about 10 to 14 days.

A tire was placed around my head and across my right arm. so that I had to lay on the floor, my feet bound together in a device. A number of officials with wooden and rubber truncheons continuously beat the soles of my feet until they split open or I fell unconscious. Afterwards, my feet were submerged in salt water.

Since I still denied all the accusations made and yet a charge was supposed to be fabricated, I was subjected to electric shocks. I was once again brought into a room; this time the floor was wet and once again a tire was placed around my head and across my right arm. Then electrical wire was attached to my ears, nose, penis, and toes. Electricity was conducted in erratic intervals.

This lasted 2 days and nights. As a result, I was very often unconscious. In order to revive me, cold water was constantly poured over me so that I might again feel the electric shocks.

After this treatment, I was told that I had 3 hours to sign the prepared confession; otherwise, I'd be killed and my corpse would be found in a sack in the mountains of Antakya. Since I could only take this threat seriously and could not endure the torture any longer, I signed without having read or acknowledged the contents. When I was eventually brought to court, I was acquitted. Despite this, the local marshal law commanders imposed upon me without any grounds the orders not to leave the country. With the help of friends, the municipality of Hanover, and Amnesty International, I succeeded in returning to Germany.

[The prepared statement of Mr. Buz follows:]