Doc. 8193

14 September 1998

Fate of the “Manisa children” in Turkey

Reply Committee of Ministers

to Written Question No. 377 by Mr Victor Ruffy

I.       Written Question No. 377 of 5 May 1998 (Doc. 8112)

      Mr Ruffy,

Observing that for some time now, Turkish as well as international media have echoed serious concern over the fate of the young people known as the "Manisa Children" in Turkey ;

Observing that this group consists of 14 persons, some under-age at the material time, who were arrested in 1995 on charges of involvement with a subversive organisation and received prison sentences of up to 12 years and that during their pre-trial detention, they underwent torture and ill-treatment according to a number of witness statements ;

Noting that ten police officers were subsequently charged but acquitted, that an appeal against the acquittal has been lodged and that the young people concerned have won appeals against their conviction but fresh proceedings are in hand for some of them ;

      To ask the Committee of Ministers,

If it is aware of these facts, and what approaches to the Turkish Government it envisages to ensure that proper consideration is given to anxieties regarding the independence of the courts in this case, to guarantees of impartial, fair and equitable proceedings, to conditions of detention and to the liability of persons committing violations of the European Convention on Human Rights ; concern in this matter is deeper still because it involves young people, whose protection was declared a priority of Council of Europe intergovernmental co-operation at the 2nd Summit of Heads of State and Government of our member countries in October 1997 in Strasbourg;

What action it contemplates in order to have assistance rendered to these victims of ill-treatment and torture, whether acquitted or awaiting another trial, who could today be gravely traumatised by the violence which they have undergone.

II.       Reply from the Committee of Ministers (9 September 1998)

Following reception of Written Question No. 377, the Committee of Ministers has examined the case of the “Manisa children” in Turkey.

It has been informed that certain aspects of the facts are sub judice before the competent Court of Appeal in Turkey and that, furthermore, a number of the persons concerned have deposited an application before the European Commission of Human Rights in connection with the events mentioned by the Honourable Member.

The Committee of Ministers is aware that the events concerning the “Manisa children” have given rise to considerable public concern in Turkey and abroad. For this reason and without wishing to prejudice their outcome, it will itself follow closely the relevant domestic proceedings, as well as the proceedings before the organs of the European Convention on Human Rights. It is ready, should a case come before it, to assume fully its functions under the Convention.

Finally, the Committee of Ministers would point out that, in connection with a number of cases in which it is called on to exercise its functions under Article 54 of the European Convention on Human Rights, it is examining, with the Turkish authorities, a series of measures which have been taken or which will be necessary to eradicate ill-treatment in the course of police custody and to enhance the guarantee of habeas corpus in Turkey. Similarly, the European Committee for the prevention of torture is pursuing a continuous dialogue with the Turkish authorities in the context of its periodic and ad hoc visits to places where persons are deprived of their liberty.