42
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
motivation” and he “had always strived for
equal treatment for everybody.”
Forced
(update
sterilization
of
women
to
AI
Index:
EUR
01/001/2007)
On January 17, the High Court in Olomouc
issued a ground-breaking verdict in the
case of the illegal sterilization of Helena
Ferenčíková in 2001, requiring the hospital
which performed the sterilization to
apologize. The verdict upheld that of the
Ostrava Regional Court in November 2005,
but the court did not award Helena
Ferenčíková the compensation of 1 million
Czech koruna (approximately 35,400 euros)
she sought for physical and psychological
damages. In a letter dated February 27, the
Vítkovice Hospital apologized to Helena
Ferenčíková for its “encroachment on …
[her] right to protection of personality.”
In its review (see above) the CERD also
raised concerns about women, a high
proportion of them Romani, who had been
subjected to coerced sterilization. It was
also concerned that the Czech Republic had
not taken sufficient action to abide by its
positive obligation to impede the illegal
performance of such operations by doctors
after 1991, and that sterilizations without
the prior informed consent of women were
reported to have been carried out as late as
2004.
On 20 February, a working group of Romani
women at the Government Council for
Romani Issues proposed establishing a fund
from which the victims of involuntary
sterilization would be compensated. The
working group also noted that the victims
should be entitled to an apology.
Fair trial concerns and allegations of
torture and ill-treatment
Case of Yekta Uzunoglu
On 28 March, AI wrote to the authorities
expressing its concerns about the alleged
denial of a fair trial on the case of the
Amnesty International
German citizen Yekta Uzunoglu who was
arrested in 1994 (see AI Index: EUR
71/001/2007). Yekta Uzunoglu, who is of
Kurdish origin, also alleged that he had
been subjected to torture and ill-treatment.
According to information received by AI,
Yekta Uzunoglu was arrested outside his
flat in Prague on 13 September 1994 and
charged with a range of offences, including
torture, limitation of personal freedom,
conspiracy to murder, robbery, fraud, and
possessing arms without a licence. The
arrest was based on testimony received
from a Turkish citizen, Göksel Otan, who
had been living in the Czech Republic under
the alias of Gurkan Gönen and reportedly
working as a police agent. Göksel Otan
accused Yekta Uzunoglu of abducting and
torturing him. However, in statements
given by Yekta Uzunoglu to his lawyer at
the
time,
several
witnesses
-representatives of the pharmaceutical
company Boots and of a Turkish cosmetic
company, as well as several Czech
individuals -- said that Yekta Uzunoglu had
been with them at the time the act of
torture on Göksel Otan was alleged to have
taken place. Yekta Uzunoglu alleged that
shortly after his arrest and while being held
in custody he was subjected to “physical
torture, torment and psychological terror.”
In 1996 the then Minister of Interior, Jan
Ruml, is said to have admitted that Yekta
Uzunoglu had been abused by the police.
Yekta Uzunoglu appealed a judgment
decision from September 2003 to close
down his case, on the grounds that he
wished to assert his right to have a court
acquit him of the charges of torture and
limitation of personal freedom.
The main court hearing on this appeal
began on 25 June 2004. However, the
hearing was considerably delayed because
Göksel Otan had not appeared in court on
numerous occasions and the police had
failed to secure his presence in court. On 24
August 2006 Göksel Otan retracted his
original testimony, repeatedly declaring
that Yekta Uzunoglu “did not torture him,
nor was he able to torture him, because he
was not present during the act of torture”.
AI Index: EUR 01/010/2007
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