SPECIMEN LETTER:

Rt. Hon Hilary Benn MP
Secretary of State for International Development
Department for International Development
Palace Street
London SWI

BY EMAIL - PrivateSecretary@dfid.gov.uk

10 May 2004

Dear Secretary of State,

BTC Campaigner - Alleged torture or ill-treatment in Turkey

We are writing to express our gravest concern over the detention and alleged torture or ill-treatment of a prominent human rights defender following his work to protect the rights of Turkish citizens affected by BP's UK-funded Baku-Tbilisi-Ceyhan oil pipeline. There is strong and direct evidence of a link between his intimidation and detention and his work in connection with the pipeline. On May 10th, Kaya stated that he will commence a 'death fast' hunger strike if his application for release is not accepted by 12 May 2004.

It is our understanding that Mr Ferhat Kaya, a former deputy chair of DEHAP in the central district of Ardahan, had been working to document the case of an individual whose land was being used for the pipeline without having been legally expropriated or compensation having been paid. On 5 May 2004 he informed BOTAS, the company building the pipeline under contract to BP, of his concerns and he had been promised a meeting on Monday 10 May 2004. However, he was then arrested and now remains in detention in Ardahan. Witnesses and relatives yesterday observed blood on his clothes and deep cuts on his arms and elsewhere following one day in detention. According to information obtained by KHRP, a medical report is consistent with allegations of torture. He was also derided as a "terrorist" by the court prosecutor.

As you will know, witnesses, human rights and environmental groups believe this is Mr Kaya's second detention in connection with his work to highlight concerns over the pipeline. Last year, he received death threats prior to meeting with the Italian Export Credit Agency to inform them about social and environmental concerns associated with the pipeline. He was later detained. Assurances from Mr. MacShane, the Foreign Office minister, that Amnesty International had found no evidence of a connection between this detention and his work in relation to the BTC pipeline have since been found to be unwarranted: Amnesty International has not even investigated the case.

Mr. Kaya has been involved for some time in mitigating the impacts of the BTC project by ensuring that local people obtain the compensation to which they are entitled and that their rights under the European Convention on Human Rights are respected. He has assisted 38 villagers in bringing cases to the European Court of Human Rights complaining of multiple violations of the ECHR. This also reflects the ongoing failure of BP to fulfill its legal responsibilities to people affected by the pipeline and to make good on its pledges that nobody would be disadvantaged as a result of the project.

We believe that it is incumbent on the British government, as a sponsor of the BTC pipeline, to ensure that those like Mr Kaya who seek to improve the project are not victimised for speaking out. BP has specifically requested that local people help in identifying problems with the project's implementation. For this to result in detention and allegations of torture, as in this case, is not only unacceptable but a savage indictment of the project and of Turkey's commitment to human rights. Turkey is required to achieve the "stability of institutions guaranteeing democracy, human rights and respect for a protection of minorities" in order to meet EU accession requirements; its accession bid is due to be reconsidered in December 2004.

Incidents such as the arrest and alleged torture of Mr Kaya strongly indicate that legislative reforms aimed at securing human rights in Turkey have failed to be implemented on the ground. We urge you to use your best offices to investigate the circumstances of his detention and alleged torture or ill-treatment; to obtain a guarantee that his human rights are respected; and to press for his immediate release.

Yours sincerely,