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The European Parliament ,

– having regard to the proposal for a recommendation to the Council by Ana Maria Gomes on behalf of the PSE Group on the European Union’s role in Iraq (B6-0328/2007),

– having regard to its previous resolutions on Iraq, most recently that of 25 October 2007(1) ,

– having regard to its resolution of 12 July 2007 on the humanitarian situation of Iraqi refugees(2) ,

– having regard to the decisions of its Conference of Presidents of 15 November and 6 December 2007 on the composition and the remit of an ‘ad hoc delegation for relations with Iraq’,

– having regard to the General Affairs and External Relations Council conclusions on EU involvement in Iraq of 23-24 April, 15-16 October and 19-20 November 2007,

– having regard to the Commission’s Communication of 7 June 2006 entitled ‘Recommendations for renewed European Union engagement with Iraq’ (COM(2006)0283),

– having regard to the International Compact with Iraq, launched in Sharm el-Sheik, Egypt, on 3 May 2007,

– having regard to Resolutions 1546 (2004) of 8 June 2004, 1770 (2007) of 10 August 2007 and 1790 (2007) of 18 December 2007, particularly Annexes I and II thereto, of the United Nations Security Council (UNSC),

– having regard to Council Joint Action 2005/190/CFSP of 7 March 2005 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX(3) , established under the European Security and Defence Policy (ESDP), and to subsequent Joint Actions amending it and extending the mandate for the mission,

– having regard to the European Security Strategy on ‘A secure Europe in a better world’ of 12 December 2003,

– having regard to the European Consensus on Development of 22 November 2005,

– having regard to its resolution of 1 June 2006 on women in armed conflicts and their role in post-conflict reconstruction(4) ,

– having regard to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, together with Additional Protocols I and II thereto, and particularly concerned at the violence suffered by humanitarian, medical and religious personnel in the performance of their duties,

– having regard to its resolution of 1 June 2006 on small and medium-sized enterprises in developing countries(5) ,

– having regard to Rule 114(3) of its Rules of Procedure,

– having regard to the report of the Committee on Foreign Affairs (A6-0052/2008),

A. whereas since 2005 the Republic of Iraq has held two multiparty elections, has adopted a constitution by referendum, has created the basis for a federal state and has embarked on a difficult process of building democratic institutions,

B. whereas both Iraqi society and its political leadership are divided and whereas the security situation in some parts of the country remains extremely dangerous,

C. whereas Iraq suffers from sectarian conflict and insurgency, and is also affected by a general absence of the rule of law,

D. whereas there has been an improvement in the security situation in the Republic of Iraq, but whereas the Iraqi forces remain faced with the challenge of sustaining and consolidating this improvement, with international assistance, and whereas serious efforts to secure reconstruction and sustainable development, and the EU’s ability to help the people of Iraq, depend on continuing improvement of the political and security situation,

E. whereas during decades of dictatorial rule Iraq’s public administration was directed towards control of the population rather than towards public service, and whereas the years of strictly centralised administration by the Ba’ath Party led to serious shortcomings in the capacity of Iraqis to manage the budget and handle financial resources in an appropriate way, with the result that the public sector today is fragile and weakened, and lacks a fully developed culture of prioritising the delivery of public services to the people of Iraq,

F. whereas neighbouring countries must refrain from any interference in Iraq’s internal affairs and respect its independence, sovereignty and territorial integrity and the desire of the Iraqi people to build the country’s constitutional and political system by their own efforts,

G. whereas the conflict has so far caused the displacement of 2.4 million persons within Iraq and 2.28 million refugees in neighbouring countries, mainly Syria and Jordan,

H. whereas the Kurdish region is a region of Iraq where a degree of peace and stability is guaranteed and where international development cooperation and private investment are growing,

I. whereas the EU as a global player should assume its responsibilities for building up a new democratic Iraq, and whereas the EU’s policy towards Iraq should be seen in the broader context of the EU’s strategic partnership with the Mediterranean and the Middle East,

J. whereas the EU needs to be more strategic in supporting Iraq in its progress towards becoming a democratic federal state; whereas the EU recognises that, in order for it to be able to provide effective assistance, there must be a solid partnership with the people of Iraq, an ongoing commitment on the part of the Government of Iraq to ensure security, reconciliation, a willingness to cooperate, efforts to achieve capacity- and democracy-building, and efforts to fight corruption and ensure transparency and effectiveness as fundamental preconditions for an increased role of the European Union in Iraq; whereas the key challenges of reconstruction lie on the institutional and social fronts, namely the capacity-building of institutions and administration, consolidation of the rule of law, law enforcement and respect for human rights,

K. whereas the EU has identified the need for a multi-annual planning of operations that goes beyond the current yearly planning based on special measures, in order to improve the effectiveness of its assistance,

L. whereas the EU needs to adapt the use of its resources according to the specific internal, regional and humanitarian challenges that Iraq faces; whereas effectiveness, transparency and visibility are fundamental preconditions for an increased role of the EU in Iraq,

M. whereas Iraq has regressed from being a middle-income country in the 1970s, and whereas the EU needs to adapt the use of its resources accordingly,

N. whereas the Commission has had a small delegation in Baghdad since December 2005, with its operational section based in Amman, and finds it very difficult to operate in some areas, especially Baghdad, as a result of military arrangements and the security situation,

O. whereas the Commission has since 2003 provided over EUR 800 million to assist Iraq (mostly through the International Reconstruction Fund Facility for Iraq (IRFFI)), and whereas the EU has been directly involved in improving the rule of law in the country since 2005 through its ESDP EUJUST LEX mission; whereas the mandate of EUJUST LEX has been extended one last time,

P. whereas the Government of Iraq, together with the World Bank and the United Nations, agreed the International Compact with Iraq in May 2007 as the vision of the Iraqi government for the next 5 years and as the main reference for the involvement of the international community in the country, with the full endorsement of the European Union as one of the main donors,

Q. whereas the above-mentioned UNSC Resolution 1770 (2007) has recently significantly expanded the mandate of the United Nations Mission in Iraq,

R. whereas the years of the Ba’ath regime and decades of war have left behind a society traumatised by war, repression, ethnic cleansing (including by chemical attack, as in Halabja) and international indifference to these crimes; whereas the international community, and particularly those states that have supported the intervention, have a legal and moral duty, and also a security interest, to support the people of Iraq, and whereas the European Union, in coordination with other international donors, must rapidly and creatively mobilise all the relevant instruments at its disposal to do its part,

S. whereas the European Parliament is determined to develop further its relationship with the Iraqi Council of Representatives, including through formal links,

1. Addresses the following recommendations to the Council:
a) to adopt, together with the Commission, a new strategy that will step up, both in quantitative and – especially – in qualitative terms, EU support for UN efforts to help build a safe, stable, unified, prosperous, federal and democratic Iraq that upholds human rights, protects its minorities and promotes inter-ethnic tolerance so as to pave the way towards regional stability and security; and to respond to UNSC Resolution 1770 (2007), which significantly increases the role of the UN in Iraq;
b) to channel the EU’s support for democratic governance towards three goals in particular: enhancing coordination between the Government and the Council of Representatives of Iraq in order to minimise blockages in the legislative process; strengthening electoral procedures at the local level in order to ensure that provincial councils are fully representative of all local populations; and reinforcing local democracy with consultative mechanisms to draw the local people into the decision-making process on a regular and frequent basis;
c) to focus EU aid in Iraq generally on relevant technical assistance and capacity-building in the fields of the rule of law, justice, human rights, good governance, financial and budget management, gender equality, health and education, and on the strengthening of federal, regional and local government institutions;
d) to urge the Commission to ensure the transparency and efficiency of EU assistance for Iraq, by:
– following up on the concerns already expressed in 2005 in the opinion on the General Budget 2006 submitted by Parliament’s Committee on Foreign Affairs, by providing complete, regular and transparent information on the actual disbursement and implementation of EU assistance, especially the funds being channelled through the IRFFI;
– operating directly on the ground if and where the security situation permits, namely in the Southern Marshlands, with its particularly neglected population, and the Kurdish region;
– encouraging UN agencies and other international organisations to do the same;
– ensuring the full support of local stakeholders – including civil society and government authorities – in the design, implementation and sustainability of projects and programmes;
– ensuring that EU-funded projects do not overlap with, but complement, the work of other international donors;
– increasing the proportion of EU funding for bilateral technical assistance and capacity building, and improving direct EC control of funding;
– switching the main focus of EU support to bilateral projects focussed on technical assistance and capacity-building in the fields of the rule of law, financial management, democratic governance and human rights;
– ensuring that substantive EU assistance is directed towards improving public finance management and budgetary control with the aim of ensuring that the Iraqi Government is better able to disburse the substantial and increasing public funds now available to it;
– using its experience from assistance programmes to its ENP partners in order to find ways of ensuring a more effective involvement in Iraq;
e) to consider the possibility of the adoption by the Commission of a multi-annual Country Strategy Paper for Iraq;
f) to foster the renewal of bilateral political, diplomatic, cultural and economic relations and exchanges between Member States and Iraq;
g) to include the following elements in a new strategy for proactive involvement on the part of the EU and its Member States in Iraq, to be implemented as circumstances – namely the security situation – permit, and in close consultation with the Iraqi authorities and other partners, such as the UN agencies and non-governmental organisations (NGOs):
– increase the size, responsibilities and resources of the Commission’s delegation in Baghdad, acquire its own new premises and ensure that employees are able to live and work in safety; encourage EU Member States not represented in Baghdad to come back and share those premises and related security costs;
– ensure EU/EC visibility in Erbil, Nasiriyah, Basra and other areas of Iraq where the security situation permits;
– enhance support for the rule of law and justice by continuing to focus especially on judicial institutions and non-governmental bodies in the following areas: strengthening the Judicial Training Institute, supporting the establishment of major crime investigation offices, strengthening the High Judicial Council, supporting the establishment of a pilot court in Basra, strengthening the Iraqi Bar Association and supporting the establishment of Legal Aid Centres;
– build on the positive experience of EUJUST LEX and prepare the follow-up to the mission, on the basis of lessons learned and on the basis of a thorough external evaluation, including inside Iraq, of the impact of the mission, with a view to further strengthening the Iraqi police and criminal justice system by making use of both ESDP and Community instruments;
– provide support for public finance management reform and accountability;
– continue to provide technical assistance for the organisation of free and fair elections;
– support the reconciliation process, namely on Kirkuk and other internally disputed territories, including the Assyrian areas known as the Nineveh Plains with their Christian minorities; support UN initiatives to facilitate regional dialogue, namely by finding ways and means to improve operational capacity, including air transport;
– take advantage of the specific nature of the Stability Instrument(6) to provide substantial assistance, crucial for development in a situation of crisis or emerging crisis such as that prevailing in Iraq: support the development of democratic, non-sectarian, pluralistic, federal, regional and local institutions, with particular emphasis being placed on the Council of Representatives and its ability to manage the legislative process, to control the executive branch and to ensure a stronger role for women in Iraqi society; promote respect for human rights and fundamental freedoms, democracy and the rule of law, with particular emphasis being placed on the rights of women, minorities and children; support measures to strengthen the development and organisation of civil society and its participation in the political process, and to promote independent, pluralist and professional media; support de-mining activities; provide advice and support to the Kurdish region and its government in the efforts to fight drug trafficking;
– continue to concentrate the resources of the Instrument for Development Cooperation(7) (DCI) going to Iraq on the Millennium Development Goals, so as to guarantee as a matter of the highest priority universal access to vital public health care where institution- and capacity-building are urgently needed to correct the acute structural deficit, take priority action to avoid further deterioration of the education system, including implementation of practical measures to ensure that girls are fully able to participate in education at all levels, and support the revitalisation of the ecological and social system of the Marshlands and protection of the unique heritage of the Marsh Arabs; use the DCI to provide technical expertise and capacity-building in support of Iraqi initiatives to identify and reverse ecological damage and the effects of climate change;
– encourage European NGOs to engage with their Iraqi counterparts – which are already particularly active in the Kurdish Region – and make extensive use of the European Instrument for Democracy and Human Rights (8) in providing technical and financial assistance to civil society organisations, in order to address the following issues: the equal participation of women and men in political, economic and social life; violence directed against women, namely forced marriages, ‘honour’ crimes, trafficking and genital mutilation; the rights of indigenous peoples and of persons belonging to minorities and ethnic groups, including the Assyrians (Chaldeans, Syriacs and other Christian communities), the Yazidi and the Turkmen; the rights of the child, especially in the context of the fight against child labour, child prostitution and child trafficking; fighting arbitrary detention and torture; and the abolition of the death penalty;
– encourage and assist the Government of Iraq as a matter of exceptional urgency to put emergency legislation in place to provide financial support for over one million destitute female heads of households and their dependants;
– enlarge the financial envelope of the Erasmus Mundus programme for Iraq; support ongoing and new activities aimed at the creation of networks between Iraqi and foreign academic institutions, individual academics, intellectuals and student organisations in order to revive the academic environment;
– strengthen the capacity of the Iraqi authorities to exercise effective border controls, which should inter alia reduce the inflow of weapons and arms into the country; help to put an end to the illegal flow of small arms and light weapons to Iraq, including by making the EU Code of Conduct on Arms Exports legally binding, by improving European Union Force (EUFOR) Althea’s oversight of stockpiles in Bosnia-Herzegovina, by accelerating the destruction of stockpiles in the Balkans, and by helping the Iraqi authorities to “mop up” surplus small arms and light weapons through large-scale disarmament, demobilisation and reintegration, making use of both ESDP and Community instruments;
– continue the welcome and productive negotiations concerning the new Trade and Cooperation Agreement between the EU and Iraq, while emphasising the importance of respect for human rights as an element affecting the EU’s contractual relations with any third country, including in the fight against terrorism;
– provide administrative and technical support, and promote local capacity-building, in order to help the Iraqi Government to implement its recent micro-loan programme and share best practices on the positive role that micro-credit can play in empowering women in their communities, especially the over one million destitute widows;
– urge the Commission to alleviate the plight of Iraqi refugees in Jordan and Syria and in other countries in the region affected by the Iraqi refugee crisis, and to significantly increase the transparency and efficiency of EU assistance to Iraqi refugees in those countries;
– increase EU support – namely through the Commision’s Directorate General for Humanitarian Aid (DG ECHO) – for NGOs and international organisations in their efforts to alleviate the plight of Iraqi refugees in neighbouring countries, as well as internally displaced persons (IDPs), including the 4 000 Assyrian families who have principally sought refuge in the Nineveh Plains; urge the Iraqi authorities to live up to their responsibility to provide financial and other support for the reintegration of refugees and IDPs;
– improve the possibilities for Iraqi refugees to find refuge in EU Member States through resettlement programmes agreed with the UNHCR (25 000 cases) or through individual asylum requests, end the current arbitrary criteria for the granting of protection and prevent any forced return to any part of Iraq; urgently address the plight of Palestinian refugees stranded in the border region between Iraq and Syria;
– call on the Iraqi government and international authorities to recover antiquities taken from the Iraqi National Museum in Baghdad and locations in other parts of Iraq following the 2003 intervention, in order to preserve Iraqi history and culture for future generations;
h) to build on the valuable experience which the EU and its Member States have gained from successful Provincial Reconstruction Team (PRT) operations in Afghanistan, and to consider taking part in the PRT efforts in Iraq, primarily in the provision of essential services and infrastructure;
i) to encourage European firms to invest in the reconstruction of Iraq in the context of tenders financed both by the governments of the Member States and the Iraqi government and/or on the basis of close cooperation between them;
j) to encourage and help European firms to bid for contracts to rebuild Iraq, to be present on the ground, and to draw upon previous experience gained in Iraq, both in the pre-war period and in the reconstruction period;
k) to welcome Iraq’s observer status in the World Trade Organization (WTO) as a key step towards the reintegration of Iraq into the international economy which helps to complement positively the negotiations between the EU and Iraq on a Trade and Cooperation Agreement; to look forward to its full accession to the WTO at an appropriate time in the future;
l) to conduct negotiations on the Trade and Cooperation Agreement between the EU and Iraq in a manner that facilitates and encourages internal reforms in Iraq and that brings the Iraqi trade regime closer to rules and disciplines of multilateral systems; to regularly inform Parliament of the stage reached in the negotiations between the EU and Iraq on the Trade and Cooperation Agreement;
m) to encourage the Iraqi government to use the revenue from the sale of petroleum in such a way as to ensure that it is reinvested in Iraq and that it is managed by public procurement bodies under the final authority of the Iraqi government; to recommend that this approach be an essential precondition of EU support for the reconstruction and development of the Iraqi economy;
n) to call on the Multi-National Force - Iraq (MNF-I) to engage with the Government of Iraq and account for the situation of the over 24 000 detainees held in MNF-I custody, so as to ensure respect for due process and their basic human rights;
o) to engage in a dialogue with the USA and seek enhanced multilateralisation of the role played by the international community in the country, by using the UN framework; to support the efforts of Iraq to increase the frequency and depth of discussions with its neighbours, namely Iran, Syria, Saudi Arabia and Turkey, about the future of Iraq, without prejudice to any other issue of concern; to urge Turkey to respect the territorial integrity of Iraq and not to react to terrorist actions through military actions on Iraqi territory; to urge the Iraqi authorities not to allow Iraqi territory to be used as a base for terrorist actions against Turkey;
p) to disclose information on which private military companies (PMCs) and private security companies (PSCs) are providing security to EU staff in Iraq; to adopt a concept for the employment of PMCs/PSCs during ESDP operations, and establish clear guidelines for the use of private military and security companies by EU institutions;

2. Stresses Parliament’s commitment to the principles and the practice of parliamentary democracy; recalls, therefore, its initiative in the 2008 Budget to support democracy-building with parliaments in third countries, its commitment to support actively the Iraqi Council of Representatives by offering assistance for capacity-building, and its work through the ad hoc delegation for Iraq in order to promote bilateral relations; resolves, therefore, to assist the further development of the Iraqi Council of Representatives by:
a) developing initiatives that strengthen the capacity of elected Iraqi representatives to fulfil their constitutional role in society through good parliamentary practice, effective relations with the executive and constituency outreach;
b) increasing the transfer of experience in effective administration, the training of professional staff, the development of a fully functional committee structure and comprehensive rules of procedures, and institutional transparency and accountability;
c) providing the expertise in drafting legislation that is essential for the effective implementation of the federal state structure;

3. Instructs its President to forward this recommendation to the Council and, for information, to the Commission and the governments and parliaments of the Member States and the Government and the Council of Representatives of the Republic of Iraq.

(1) Texts adopted, P6_TA(2007)0481.
(2) Texts adopted, P6_TA(2007)0357.
(3) OJ L 62, 9.3.2005, p. 37.
(4) OJ C 298 E, 8.12.2006, p. 287.
(5) OJ C 298 E, 8.12.2006, p. 171.
(6) See Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (OJ L 327, 24.11.2006, p. 1).
(7) See Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41).
(8) See Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide (OJ L 386, 29.12.2006, p. 1).

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Komitas Vartapet, aka Soghomon Soghomonyan, borned on September 26th 1869 in the Ottoman city of Kütahya. His father was a shoe-maker, but composed songs and had a good voice ; his mother was a carpet-maker, with talentuous voice also. She died when Soghomon was 1 year, and his father when he was 11. Since his first childhood, the orphan was famous for his exceptionnal voice and ability in music. In 1881, the priest of Kütahya went to Echmiadzin and brought Sologhmon with him, for he studied in the seminary church. In 1890 Soghomon was a monk and a priest in 1893. Then he took the name of Komitas (a famous Armenian poet of the 7th century, the author of sharakans. In seminary, Komitas had learnt music and Armenian language. He was early interested on Folk Armenian music and instruments. He made research about ancient Armenian liturgy. In 1895, he went to study music in Tiflis (Georgia). There, he met the Armenian composer Makar Yekmalyan, who influenced him to study harmony (for Western classical composition). So he want to Berlin, where he studied music and praticed singing with Richard Schmidt. Beside, he studied also philosophy, history, aesthetic, history of music. His formation was then as well Western than Eastern. He worked on Armenian, Kurdish, Arab,Turkish melodies. Coming back in Echmidzin, he began to travel in Middle-East and collected many folk musics and among them some Kurdish traditionnal songs, that he transcripted and wrote in Western notation.

In 1910 Komitas set in Constantinople, where he created a choir of 300 singers, interpreting traditionnal Armenian songs. He was himself a wonderful barytn, with a large tessitura, allowing him to sing some tenor parts. IHe played also flute and piano, and his work of composer was praised by famous French musicians like d’Indy, Fauré, Saint-Saens, Debussy… In Paris, he gave conferences of musicology and about Armenian sacred music and notation.

When the genocide against Armenians started, Komitas was arrested in Constantinople with many other intellectuels, writers, lawyers, etc. and deported in Anatolia, where he was tortured and watched the extermination of his own people. He is saved by many international or local friends, like the Turkish poet Emin Yurdakul, the writer Halide Elip, the American ambassador Henry Morgenthau. At the end Talaat Pacha accepted to release him. But when he came back, Komitas found his house devastated, his works and manuscripts destroyed or lost. Deeply affected, his mental health declined hopelessly and he fall in a serious nervous breakdown. He should be led in the psychiatric Shishli hospital since 1916. His friends successed later to bring with them in Paris in 1922. He spent the last 20 years of his life in Villejuif hospital, where he died on October 22th 1935.

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Judgment against Turkey for degrading treatment : The Court found a violation of the Convention by Turkey in the case of a 71-year-old man who had been forced to complete a certain period of military service.

EUROPEAN COURT OF HUMAN RIGHTS :4.3.2008.

Press release issued by the Registrar

CHAMBER JUDGMENT
TAŞTAN v. TURKEY

The European Court of Human Rights has today notified in writing its Chamber judgment1 in the case of Taştan v. Turkey (application no. 63748/00).

The Court held unanimously that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) taken in conjunction with Article 13 (right to an effective remedy) of the European Convention on Human Rights because the applicant was forced to do military service at the age of 71.

Under Article 41 (just satisfaction) of the Convention, the Court awarded the applicant 5,000 euros (EUR) in respect of non-pecuniary damage and EUR 1,000 for costs and expenses. (The judgment is available only in French.)

1. Principal facts

The applicant, Hamdi Taştan, is a Turkish national who was born in 1929 and lives in Şanlıurfa (Turkey). He was registered in the civil status register in 1986 as a single person with no children.

The case concerned the fact that the applicant was forced to do military service aged 71.

Mr Taştan stated that he had been a shepherd since his childhood and that he worked for local villagers in exchange for clothes, food and a roof over his head in winter. He maintained that his wife died in childbirth and that he stopped working to look after their son. As a result, the villagers – annoyed that he wasn’t working for them anymore – denounced him as a deserter. He also claimed to be illiterate and to speak only Kurdish.

On 15 February 2000 the applicant was called up to do military service and taken by gendarmes to the military recruitment office of Şanlıurfa. He was certified medically fit to perform military service and transferred to Erzincan (Turkey), where he underwent military training for recruits for one month. He was forced to take part in the same activities and physical exercises as 20-year-old recruits.

Mr Taştan alleged that he was subjected to degrading treatment during his training, such as being offered cigarettes by his hierarchical superiors in exchange for posing with them for a photo, and had been the target of various jokes. As he had no teeth, he had had problems eating at army barracks; he had also suffered from heart and lung problems on account of temperatures dropping to as low as minus 30oC. Lastly, he alleged that he had had no means of communicating with his son throughout the entire period of his military service.

After his military training the applicant was transferred to the 10th infantry brigade in Erciş (Van), where his state of health deteriorated. He was examined by a doctor on two occasions and then admitted to Van Military Hospital, before being transferred to Diyarbakır Military Hospital (Turkey). On 26 April 2000 he finally obtained a certificate exempting him from military service on grounds of heart failure and old age.

The Turkish Government maintained that, in accordance with the practice followed in similar cases, the applicant’s personal records relating to his military service had been destroyed.”

2. Procedure and composition of the Court

The application was lodged with the European Court of Human Rights on 10 August 2000.

Judgment was given by a Chamber of seven judges, composed as follows:

Françoise Tulkens (Belgian), President,
Antonella Mularoni (San Marinese),
Ireneu Cabral Barreto (Portuguese),
Rıza Türmen (Turkish),
Vladimiro Zagrebelsky (Italian),
Danutė Jočienė (Lithuanian),
Dragoljub Popović (Serbian), judges,

and also Sally Dollé, Section Registrar.

3. Summary of the judgment2

Complaints

Relying on Articles 3 (prohibition of inhuman and degrading treatment) and 13 (right to an effective remedy), Mr Taştan complained that he had been forced to perform military service despite his age, alleging in particular that he had been subjected to both physical and mental ill-treatment. Under Article 8 (right to respect for private and family life), he also complained that he had been deprived of all contact with his son during his military service and that he had been distressed by the thought of his son being left alone. The applicant also alleged violations of Articles 4 (prohibition of forced labour) and 5 (right to liberty and security).

Decision of the Court

The Court held that the application should be examined under Article 3 taken together with Article 13. It noted, among other things, that the applicant had not provided any proof of the existence of his child and held that it was not necessary to rule separately on the applicant’s other complaints.

Article 3 taken in conjunction with Article 13

The Court reiterated that it was incumbent on the State to provide a plausible explanation for the cause of any harm to the physical or mental integrity of persons placed under the control of the authorities.

In the applicant’s case the Court considered that that requirement had not been satisfied. Noting that the applicant’s military service records had been destroyed by the authorities, it observed that, apart from the applicant’s statements, it had little evidence in its possession regarding the applicant’s military service or how the applicant, who spoke only Kurdish, had been able to communicate his complaints to the doctors and his hierarchical superiors.

It was established (and not disputed) however, that Mr Taştan, when aged 71, had performed part of his military service between 15 March and 26 April 2000, including his month’s training.

The Court also pointed out that the applicant, who had not been suffering from any particular illness when he was called up to do military service, had had to be taken into hospital after one month’s forced participation in military training designed for 20-year old conscripts.

It went on to observe that the Turkish Government had not referred to any particular measure taken with a view to alleviating, in the applicant’s specific case, the difficulties inherent in military service or to adapting compulsory service to his case. Nor had they specified whether there had been any public interest in forcing him to perform his military service at such an advanced age. The Government had confined themselves to emphasising the applicant’s share of responsibility in the matter by failing to register himself in the civil status register until 1986.

The Court found that calling the applicant up to do military service and keeping him there, making him take part in training reserved for much younger recruits then himself, had been a particularly distressing experience and had affected his dignity. It had caused him suffering in excess of that which would be involved for any man in being obliged to perform military service and had, in itself, amounted to degrading treatment within the meaning of Article 3.

Accordingly, there had been a violation of Article 3 taken in conjunction with Article 13.”

Chamber Judgement of European Court.

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“Whoever has well studied a science
Is like a state which has knowledges for basis !

Mufte’îlûn, mufte’îlûn, mufte’îlûn, mufte’îlûn,
The section of Serî’e, what is it ? The beautiful mettwî !

What are Mekke and Medine ? The Cities.
What are roj and hîv ? The Two Planets.

What is honey ? Hingiv.
(Followed 3 arab synonymous).

Lion and tendon ? Shêr and reh.
What are shûr and qelem ? The one-armed.

What are day and sun ? Roj.
West and East ? Xafiqan.

The Sun and the Moon are roj and hîv, hey brother !
Roj andheyv, what are they ? The Two bright stars.

What is left ? çep.
Rast, what is it ? Let’s learn that it’s right !

The swearing, the oath, the promise, all are sond.
Who are Emînî and ‘Edl ? The Best’s.

The wolf and the raven, what are they ? Gurg and qir.
And what are gurg and qir ? Gregarians.

Lion is shêr (six Arabe names)

The rocked valley is newalên biber.
What are thieves and robbers ? Dizan.

The cat is pisîk, the mouse is mishk.
The burrow is kun, and what is the fox ? Rovî.

What are one and two ? Yek and du.
Sê is three, çar is four, let’s learn it !

What are five and six ? Pênc and shesh.
Heft and hesht are seven and eight.

Nine and ten are neh and deh, agree ?
Sed is hundred and thousand is hezar, hey my fair lad !”

Farzad Kamangar is borned in 1975. He was a teacher during 12 years in Kamiaran, a village of Eastern Kurdistan. He is married and has children. He belonged to the Teachers’ Union of Kurdistan and to other activist associations. He wrote for the review Royan, the review of Education department of Kamiyaran and for newsapers of local Human Rights associations.

He has been arrested on August 19th 2006, by the secret services of Sine. During 4 months after his arrest, his family had no news and authorities denied to be responsible of his disappearance.

Farzad Kamangar had been in fact transfered in the 9th Prison of Evin in Tehran, a non-official center of detention of the VEVAK, the Iranian services. In a letter he secretly send out of his prison, he told how he was isolated and tortured, beaten at his first interrogatory just because he is Kurd. He should stayed also on a chair, bound during 24 hours, without food nor possibility to go to the lavatory. Then he was imprisonned in a small cell, without fresh air. He could not get in touch with his family or his lawyer. He faced also psychological pressures, for example threatenings against his relatives. Once, he attempted to commit suicide by throwing himself in stairs, but failed. His health was so bad that he had to be cured in a prison hospital. His lawyer tells that when he saw Farzand in their first meeting, his body was shaken, his hands were seriously burnt by boiled water. Beside, he suffers of kidney infection, and tracks of blood in his urine. ‎

Between 2006 and 2007, he was several times transfered in Kermanshan or Sine to be interrogated and severely tortured. In Kermanshan, his cell, where he was detained in February and March 2007 measured 1m x 1m x 0.6m. He was also sexually abused in Evin, a common pratice to psychologically break prisonner’s mind.

His mother and his borther were allowed to see him only seven months after his arrest. When they meet him, Iranian agents stayed all the tim with them and forbid they speak in Kurdish. Farzad Kamangar, at this time, did not know what were the charges against him.

Farzad made several hunger strikes, with other prisonners, to protest againt their conditions of detention. The last month, he was in the prison of Gohardacht, when prisonners revolted. After a raid of safety services, he has been taken and led in a isolated place, with Farhad Vakili and Ali Heydaran.

On February 25th, the 130 Branch of the Revolutionnary Court condemned Farzad Kamangar to the capital punishment, for “endangering national security”. He was charged also to belong to PJAK, though he pled non-guilty.

Human Rights Watch denounces the trial, the sentence and the tortures.

“In this world, anyone who let weakness and illusion
Surely will raise himself and distinguish from common people

Mef’ûlu mefa’îlûn, Mef’ûlu mefa’îlûn,
So in this way we measure the hezec ehzeb.

Bound as knotted are maqûlî girêdayî
Hidden as secret as unseen are veshêreyî.

The niche is kulek, the mirorr neynik, the lamp çira.
Lightness and shiness are both biruhnayî.

Scattering as spreading are belavbuyî,
Scale is terazû ; what is measure ? Kêshayî.

Keça hêj xwesh danayî di nêv qebrê is a girls who was buried alive*
Killed is bi dar kushtî, abandonned is li cih mayî.

*Mewûde was a former Arab custom that islam banned.

Bubble, boil, are hildekelin ji avê.
Luxurious vegetation is yên resh bûn ji avadanê.**

** Litt. Darkened by its own abundance.

What is gone ? çûyî, and what is going to happen is bêtin.
What is past ? Buhrî, and what is going to stay? mayî.

Joining as relating is têkilbûn ; xewn is dream.
People who are afraid and hide themselves in their blankets : cil li xwe werdayî.

Cover, binding of books are cem’ê di kitêban.
Writings is nivisayî.”

Syria seems to be afraid even by old Kurdish singer. The Dengbjê (traditionnal singer) Elî Tico has been arrested, 2 weeks ago by Syrian services. Until now, his family and friends don’t know nothing about his situation. Eli Tico is 71 years old and suffers of heart diseases.

According to his relatives in Aleppo, the singer has received at his home a delegation of Kurdish singers from Southern Kurdistan. Syria has probably considered it was an act of “separatism” threatening its borders and the integrity of the Great Arab Nation… So police made a raid in his house, sacked it and took the old man. After having been interrogated in the Center oo Aleppo, he was sent to the Head Quarters of Mukhabarat (Intelligense Services) in Damascus, and then no one knows what happened to him.

Elî Tico is a well known artist borned in Kurds’ Mountains (Çîyayê Kurmanc) of Afrîn. He is one of the famous classical dengbêj, singing a hundred of epics and songs. One of these are a praising to Sheikh Saïd and the revolt of 1925.

If Elî Tico is not released soon and alive, will there have a new “Xiznewî Case” or another “Newroz 2004″ in Syria ?

Moreover, this arrest is not the only act of oppression against Kurds since the beginning of the year. Six Kurds have been condemned by the High Court of Damascus : 4 were charged to have “attacked” Syrian police in demonstrations in Aleppo, during the last Newroz and their punishment is from 7 to 10 years of prison. 2 others were condemned to 2 years for belonging to an “extremist organsiation”. As they have already spent 2 years in prison, they have been just released. L

“If you should be prince of tribes and highly valued,
Don’t tell lies and don’t discuss, or you would act as a donkey.

Mufte’îlun fa’îlûn , mufte’îlûn fa’îlûn !
Look at the methwî