Rejection of Kurdish Defence Provokes Legal Action

The Association of Human Rights and Solidarity for Oppressed Peoples (MAZLUMDER) filed a criminal complaint against the court board of the KCK case in Diyarbakır on the grounds of the board's refusal to permit the defence speeches to be delivered in Kurdish. The case, which has received considerable international attention, is tried before the 6^th High Criminal Court of Diyarbakır in south-eastern Turkey.

The written announcement issued by Ahmet Faruk Ünsal, President of MAZLUMDER, referred to the ratification of international treaties as stipulated in the constitution. It read, "According to Article 90 of the Constitution which is still in effect, international treaties related to fundamental rights and freedoms prevail over the constitution".

"Article 39/5 of the Treaty of Lausanne as an international agreement to establish the Turkish Republic commits Turkish nationals to the possibility to use their own language before the courts. Accordingly, the court board committed the offence of violating the constitution", Ünsal explained.

He submitted the petition to the Ministry of Justice on behalf of the association. He requested an administrative and criminal investigation into the court board of the Diyarbakır 6^th High Criminal Court.

The KCK trial in Diyarbakır against 151 defendants of whom 103 are detained started on Monday (18 October).

Court dismissed the request for permission to present the defence speeches in Kurdish as the defendants' mother tongue. The defence lawyers announced to insist on this subject. (EÜ/VK)