"KCK Case A Peculiar Example on Language Rights"

The case where more than 2 thousand Kurdish politicians and rights activists are on trial stays stuck as the court refuse to allow the use of Kurdish, the defendants' mother tongue. Lawyer Cinmen criticizes the government.

Istanbul - BIA News Center
11 August 2011, Thursday

The massive case against Kurdish politicians and rights activists, who are tried for 'being members to the urban organization of the Kurdish rebel group PKK, the KCK', is still stuck following its 27th sitting yesterday in Diyarbakır.

Following the court's decision to restrain defendants from using their mother tongue Kurdish, defense lawyers withdrew from the case and the Diyarbakır Bar Association declined to assign any lawyers. The court postponed the case to August 25th and will consider moving the case to another city.

With more than 2 thousand defendants, the case is one of the biggest in Turkey's history. Lawyer and rights activist Ergin Cinmen argues that the case clearly depends on political motives.

He notes that the investigation against the defendants has been conducted by the police and by judges with special authorities. All in all, he concludes that the case is forced to block a peaceful solution to the decades-long Kurdish issue.

"Elected mayors, lawyers that deal with rights violations and prominent intellectuals of the region are charged in this case."

He says that the court's decision to disallow defense in Kurdish clearly contradicts national and international legislation. "Such an attitude should have been left in the past. A state owned TV channel broadcasts in Kurdish yet the judges continue to define Kurdish as 'an unknown language'. Code of Criminal Procedure states that the defendants can defend themselves in the most convenient language and the Lausanne Treaty also secures this right."

State's failure to allow a group of its citizens to use their mother tongues in courts could cause Turkey to be condemned in the European Court of Human Rights, Cinmen says.

He was among the lawyers who had visited a group of defendants in prison in mid-July. "None of them thinks they have done anything against the law," he quotes.

He holds the government responsible from the situation and adds that under such circumstances it would be impossible to make progress in the Kurdish issue. (EKN/EÜ)

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