("The following is part of the report by Bart Horeman, who together with Albert Beale was in Eskisehir as an international delegation observing the trial")
However, on 1 September 1995 he organised a press conference during which he publicly declared not to be a soldier and never to be one.
In his declaration he said:
"According to the papers I received at the recruitment offoce I would immediately be a soldier and I had ti report on 31 August - to commander of the 9th Gendarmerie in Bilecik (province Bursa) to receive a basic military training. As you can see I did noit report and I am still here. Although I am not a draft-evader, I see no point in reporting to the barracks. On the contrary: I will burn the military passport I cannot consider to be mine before your eyes.
Furthermore, I will burn part of the received documents, namely the call-up papers. The rest of the papers, which is state property, I will send back. Perhaps they can use them. Finally, I will return the 101.000 Turkish Lira I received as compensation for the travel expenses to Bilecik.
I am not a soldier and will never be one. I am fully aware I will be arrested, but until this happens - regardless of how many days it will take - I will not change the way I am living. One can find me here at the association (ISKD)-office). But again I want to stress that inside the military I will resist until the end and that there will not be any way to make a soldier out of me."
7 October 1996, more than a year later, Osman was arrested because of the burning of his military papers. He was accused of violation of article 155 TCK that renders punishable 'every attempt to alienate the people from the armed forces'. This trial, before the military court in Ankara, has not come to a conclusion. After the first session on 19-11-96 Osman was released from military prison, but immediately brought to 'his' unit in Bilecik. In Bilecik, he again declared not to be a soldier nor to become one, and therefore refused to obey and order. He was then imprisoned and accused of disobedience (article 87/1 TACK). He was heard by the military judges on 11 December 1996.
The trial might lead to a prison sentence between six months and two years.
So now there are two court cases against Osman Murat Ulke.
1. Firstly, Osman is charged for 'alienating the people form the armed forces', an offense of article 155 of Turkish Penal Law (TCK).
He is accused because of publicly declaring that he is a conscientious objector. It is not the act of objecting itself, but the publicity that Osman has given to this act is an offense of article 155.
Therefore this trial can be seen as an attempt of the armed forces to limit the freedom of expression of Osman.
Next trial session in this case will be on 28 January 1997 in the military court in Ankara.
2. Secondly, Osman is charged for 'disobedience', an offense under the article 87 of Turkish Miltary Penal Law (TACK). In Osman's case also article 45 TACK is very important. This trial has great importance because Turkey has no provision for conscripts who have strong conscientious objectors against performance of military service. The United Nations have recegnised the right to conscientious objection in Resolution 89/59 of the Human Rights Commission of the UN. The case of Osman is one of the first in Turkey in which a conscript with serious conscientious objections is tried because of refusal to perform military service. This case is therefore a testcase to see to what extent Turkey has implemented international accepted standards into its legal system.
The next trial session will be on 30 January 1997 in the military court. It might be possible that this session cannot take place, due to procedural problems.
Bart Horeman, 30 DECEMBER 1996
Dear friends,
Yesterday (27 November) lawyer Suna Coskun from Ankara and ISKD activist Ferda Ulker went to Eskisehir Military Prison where Osman was sent two days ago. He was sent from Bilecik to Eskisehir in order to be judged at the military discipline court. He is accused of being disobedient in the army and would be sentenced untill two years. After the sentence he will be sent to Bilecik again in order to perform his military service.
Ferda has reported that Osman is well in morale. He faced with inhuman treatment during the way from Bilecik to Eskisehir. Ferda said that Osman was taken with a gendarmey soldier who was a real fascist. But now in Eskisehir there is not special inhuman treatment against him. Of course the detention conditions etc. are bad but not only for Osman. He will be punished in the prison because of his refusal to wear uniform. His time of open asr will be limited or visitors will not be allowed etc. But lawyer Suna Coskun had a conversation with the management of the prison and reported that there will not be any inhuman treatment out of military law. [The management cannot be trusted!]
We expect that his trial in the discipline court will have conclusion in one to two months ans after the conclusion he will be sent to a civil prison to finish his imprisonment.
The address to send letters to Osman:
Osman Murat Ulke 1.Taktik Hava Kuvvetleri Komutanligi Askeri Cezaevi 3. KogusESKISEHIR - Turkey
The address to send letters to the commandment of the prison:
Yuzbasi Cemil Babayigit 1.Taktik Hava Kuvvetleri Komutanligi Askeri Cezaevi ESKISEHIR - TurkeyGreetings
Serdar Tekin
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