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    25th May 2005 - 05:37:10 PM    
13774 : Don\'t shit on the floor again!
Don't shit on the floor again !


























OK?


    25th May 2005 - 05:56:48 PM    
13775 : Poo Diddy
Yo, Fiddy! Dem rhymes ain't sheeit biotch! I heard you ain't even really gay. I challenge you to a battle.

I was the gayest and I was the first
I'm up in more asses than an enema nurse
I got the mega smegma in the Zubaz pants
for the gay scat play and the pee pee dance
I got everything that a REAL fag needs
leather pants butt plugs and booty beads
so spread dem cheeks, bitch you know what you like
I'll toss yo salad like I stole yo...


    25th May 2005 - 06:32:37 PM    
13776 : Gay-Z
Yo yo YO. You wack-ass nigz ain't got SHIT on me. I's OF, Original Faggot, see. I be droppin' da phat beatz while you nigz is still in yo Fat Albert jimmy-jams. Sheeit. Drop a OLD-skool beat.

Mah dick's 12 inch 'n' it comin' your way
When it come to rimmin' I'm the gayest of the gay
Don't be perpatratin', playa hatin'
I cut yo ass if I catch you masturbatin'


    25th May 2005 - 07:46:15 PM    
13777 :


    25th May 2005 - 07:47:56 PM    
13778 : Fagbusters
ALL RAPPERS ARE FAGS... THE ALMIGHTY TOLD ME SO.


    25th May 2005 - 07:53:09 PM    
13779 : Taintmaster Felch
What is dis Mickey Mouse bitch nigga bullshit?! All y'all be rhymin' cheaper then a sevendy five cent cock ring on a fiddy cent rent boy BEEEITCH! Yo, DJ Bukkake Beatz, drop it on these broke ass chumps!

I munch stanky cracks and slobber on nut sacks
I'm a shit-smeared all out fag and dat's dat
I got lotsa V.D. and genital warts
A yellow bandana 'cuz I like water sports
I'm butt rapin' MC's with sickle cell disease
My anus stretches like elastic on yo BVDs
I fuck frat boys leather boys junkies and bums
I smoke dicks not blunts and drink forties of cum!!!!!!!!!!

Y'all straight-made bitches need to take yo asses back to school, nig tizzle! Dayamn! I'm 'bout to rock a remote southern truck stop. Y'all suckas be jerkin' an' slurpin' in da minor leagues, BUT TAINTMASTER FELCH IS BIG TIME, BEEEEITCH!


    25th May 2005 - 08:36:43 PM    
13780 : Feminem
Dayamn!


    25th May 2005 - 08:51:10 PM    
13781 : Feminem
Imagine... If you only had one chance...

Lose yourself in my anus, in the gayness, yo, you better lube it till it's loose...
I munch pooter, get deep in yo ass like Roto Rooter
It's Feminem, bitch, the gay rappin' semen shooter
Sperm is on my breath, pubes are in between my teeth
I wear diapers cuz my fuckered anus always leaks
I'm peepin' Screech and he makes me catch a big erection
I'll rip his Zubaz to get a hot Kosher meat injection
Fuck dem condoms, Feminem don't use protection
It makes me cum more when I know I'll get a new infection
Lose yourself in my anus, the gayness, yo, you better lube it till it's loose.
Lose yourself in the V.D.s, the D.P.s, yo, you better shoot me with some juice.

Bitch.


    25th May 2005 - 11:44:39 PM    
13782 : Ox
Screech, remember that episode where you went to Mr. Belding's office and told him that you were so uncertain about the direction of your life? Remember when you told him that you were so depressed because you had just received a C+ in gym class. Remember how distraught you were as you opened up to Mr. B? Remember when he told you that he had a secret to tell you that would have a major impact on your life? Remember when you begged him to tell and finally he did, telling you that his pubic hair could predict the future? Remember when you initially didn't believe him? Remember when he hugged you with his chubby middle-aged arms and you believed him? Remember when he dropped trow and told you to move your face next to his penis? Remember how his penis smelled liked baked tortillas? Remember when he told you that your future would be clear if you sucked on his nuts and let him buttslam you? Remember how this was your first willing homosexual experience, after having been butt raped by Zack's dad and the boys in your gym class many times before? Remember when you relelvented to Belding's badgering, finally agreeing to let him dunk his nuts in your mouth for 30 minutes and then let him have unprotected buttsex with you for another hour? Remember when he pulled his penis out of your love hole and blew his load in your poofy afro? Remember when he asked if you were able to repdict anything about your future now? Remember when you said that you couldn't? Remember when Belding said "well, now I can predict YOUR future, FAGGOT!!! YOU'RE GONNA GET AIDS! I JUST UNLEASED MY HIV+ BODILY FLUIDS IN YOUR TITGHT BUTTHOLE, YOU PIECE OF SHIT!!!!" Rememebr when you went to the free clinic a week later and relaized that Mr. belding's prediciton had come true? You sure got screwed over that time!!!


    26th May 2005 - 12:17:25 AM    
13783 :
screech u suk!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


    26th May 2005 - 04:28:43 AM    
13784 : Fagbusters
YOU'RE A GOOD MAN, OX.


    26th May 2005 - 07:10:19 AM    
13785 : OX, did you shit on the floor?
OX, did you shit on the floor?


    26th May 2005 - 08:39:11 AM    
13786 : Kurt Steinberg
Fellow faggots, check out the guestbook for this Japanese guy: http://www.generation.nl/~hitoshi/gb/hitoshi.php

Hitoshi's guestbook has been queered up almost as much as Diamond's!

- Kurt Steinberg


    26th May 2005 - 11:31:53 AM    
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    26th May 2005 - 11:47:09 AM    
13788 :
[http://www.tebagdustin.com]


    26th May 2005 - 12:34:22 PM    
13789 : MMM!
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    26th May 2005 - 12:59:12 PM    
13790 : International Solidarity
Set free Freedom Fighter Abdullah OCALAN


**

- You are watching Independent Tv; brand new clip labelled; "The Unconditional Release of ÖCALAN"
- Let's watch!..
- Ocalan handed over to the butchers... On the evening of Monday 15 February, Mr.Abdullah Ocalan, the highly-respected and much-loved leader of the PKK (Workers' Party of Kurdistan) – the party representing the national aspirations of the Kurdish people of south eastern Turkey – was handed over by the imperialist hyenas and their stooges to the tender mercies of the Turkish butcher regime.


Thus ended Mr.Ocalan's four-month search, following his expulsion from Syria on 19 November, for political asylum in Europe, Africa and the Middle East. Syria was threatened by Turkey with military action unless she complied with the Turkish demand for the expulsion of Mr.Ocalan. Syria, which shares a border with Turkey and Israel, being acutely aware of the aggressive military agreement forged between Turkey and Israel in 1996, and the ominous January 1998 military exercises conducted by the Turkish and Israeli warships, accompanied by a US destroyer, in the eastern Mediterranean seas off Israel's Haifa port, complied.


Collusion between Turkey, Israel and the US


It is a measure of the total lack of scruples, conscience, honour and sense of justice on the part of bourgeois governments, that country after country denied Mr.Ocalan's request for political asylum. During his four-month odyssey, he travelled from Damascus to Moscow and Rome; leaving Rome on January 16, he attempted, unsuccessfully to land in France, Germany, Russia and the Netherlands, ending up on the Greek island of Corfu, from where he was flown by the Greek authorities to Nairobi; where he spent 13 days in the Greek embassy.


On the 15 February, being tricked into believing that all arrangements had been made for his safe travel to the Netherlands, he was persuaded to leave the Greek Embassy accompanied by Kenyan security guards and Greek embassy officials, who handed him over to a team of Turkish special forces at a pre-arranged spot on route to the airport. The fable, being spread in some quarters, about the gallant Turkish force kidnapping Mr.Ocalan from under the noses of the Kenyan authorities and Greek diplomats, is not just false but unbelievably stupid. Accompanied by the butchers from the Turkish Special Forces, and handcuffed, Mr.Ocalan was taken to a waiting jet that took off for Turkey at 7.30pm.


Ocalan's capture (abduction would be a more appropriate expression) was the result of an operation involving a complex network of secret alliances between the intelligence services of Turkey, Israel and the US. According to The Times of 18.2.99, "Despite strong denials from the United States and Israel, it appears that Ankara was able to call on the services of the American and Israeli intelligence services to keep track of Mr.Ocalan's movements across Europe and to provide positive proof that he was in hiding inside a Greek diplomatic compound in Nairobi, following his arrival in Kenya on a private jet."


The circumstances of his capture, and the motivations for the involvement of US imperialism and Israeli Zionism, are made patently clear in the very organs which denounce the PKK leader as a "brutal terrorist". The Times, for instance, says that Mr.Ocalan's "presence in Kenya was no secret to the US, nor to Israel. Mr.Ocalan uses a mobile phone and his conversations would have been intercepted by American electronic eavesdropping satellites. Both the US and Israel had good reasons to help Ankara's hunt for him.


"Washington was grateful to Turkey for publicly confirming its continuing support for the military base at Incirlik to be used by the US Air Force for flights over northern Iraq, following threatening noises from President Saddam Hussein; and Israel has developed close military ties with Turkey because both countries share a common concern over Syria" (ibid).


Blood for Oil


The whole affair revolves around the sordid business of blood for oil. In order to usurp and monopolise the Arab people's fabulous oil wealth, US imperialism is prepared to commit any crime. Hence its continued aggression against Iraq; hence its inhumane stubborn opposition to the lifting of sanctions against Iraq, which have claimed a million Iraqi lives during the past eight years.


Since the Turkish fascist regime is essential to the maintenance of the southern flank of the aggressive war-mongering NATO alliance, since it provides bases for US aggression against other countries in the Middle East, US imperialism is prepared to overlook the brutal treatment by the Turkish regime of 20 million Kurds, constituting one-fifth of Turkey's population. It is the same US imperialism, which, in the name of "protecting the rights" of the Iraqi Kurds, maintains a no-fly exclusion zone over northern Iraq by warplanes stationed at the US airbase at Incirlik in Turkey! It is the very same US imperialism, which, in the name of the "human rights" of the people of Kosovo, is threatening, as we go into print, to unleash the monstrous firepower of NATO on Yugoslavia.


Israel too, for its part, is ever-ready to commit the most heinous crimes at the behest of US imperialism, for she cannot hold on to her colonial conquests of looted Arab lands and continue to deny the national rights of the Palestinian people, without the full financial, diplomatic and military support of US imperialism.


It is these facts, not concern for human rights and democracy, which drive imperialist policy and explain the real reasons for the US-Turkish-Israeli nexus.


Unprecedented Wave of Protest


The news of Ocalan's capture by the Turkish authorities (more correctly, hand-over of Ocalan to the Turkish authorities) predictably sparked off an unprecedented wave of Kurdish protests across Europe and other parts of the world. Spontaneously, angry demonstrators stormed Greek embassies and fought pitched battles with the police in some 20 cities – some even going to the length of setting themselves alight. In London, 15 year-old Nejla Kanteper, set fire to herself. Greece has paid, and will continue to pay, a heavy price for her betrayal of Abdullah Ocalan. Not only have Greece's diplomatic missions been the target of angry protests by the Kurdish community and its friends in major cities of Europe, but also the stability of the Greek government itself is in question. Three Greek ministers, including the Foreign Minister, Theodoros Pangalos, have been forced to resign in the aftermath of the Greek government's complicity in the Ocalan affair.


As the news filtered in that Mossad, the Israeli secret service, had a hand in the seizure of Mr.Ocalan by the Turkish authorities, the Kurdish community in Berlin directed its anger against the Israeli consulate in the city. In characteristically brutal fashion, Israeli security guards at the consulate shot dead three protesters and wounded a further 16 – some very seriously. Israel has sought to justify this cold-blooded murder of innocent, if angry, Kurdish protesters as an act of "self-defence" in a "situation of dire emergency". Israeli Prime Minister, Netanyahu, has also sought to deny his country's involvement in the affair leading to Mr.Ocalan's capture. On both counts, Israeli authorities, in keeping with their character, are telling barefaced lies.


Kenyan embassies in Paris, Vienna and Bonn were also the targets of Kurdish protests.


Kurdish Liberation Struggle is Invincible


To press home the undoubted advantage gained by Turkey from the kidnap of Mr.Ocalan, 4,000 Turkish troops, in complete violation of Iraq's sovereignty and international law alike, have crossed Turkey's mountainous southern border for the purpose of what they hope will be a crushing blow at the PKK, which they further hope has been rendered so demoralised and in such a state of disarray by the recent events as to be able to offer no resistance to the latest Turkish offensive. In this the reactionary Turkish regime is sadly mistaken. Previous similar offensives on a much bigger scale, especially the one in 1995 when 35,000 Turkish troops invaded northern Iraq for six weeks, have been marked by utter Turkish failure in stamping out Kurdish resistance. This offensive will go the way of all such previous offensives. And this for the following reasons.


Kurdish people are denied their national rights; in Turkey they are denied even the right to speak and be educated in their own language, the right to use Kurdish in official documents or to broadcast in it.


Having failed to win a measure of autonomy by peaceful means in the Turkish part of Kurdistan, the PKK was left with but one option – to wage armed struggle for national liberation. This struggle has been going on for 14 years, during which time the Turkish army has committed the most abominable atrocities, practised gruesome torture and inflicted unspeakable and indiscriminate cruelties on entire villages and regions.


Far from extinguishing the flames of the Kurdish national liberation struggle, the brutal actions of the Turkish military have only served to fan them into an uncontrollable conflagration. In its leading article, The Times of 17.2.99, while expressing satisfaction at the abduction of Mr.Ocalan to Turkey and denouncing him as a "brutal Marxist terrorist", is nevertheless obliged to add:


"With his capture, however, it is Turkey that is now on trial. Ankara's fight against the PKK has been bloody, short-sighted and self-defeating. The army, which runs the campaign, has brought disgrace on Turkey with its record of torture, indiscriminate attacks on Kurdish villages and scorched earth policy. Turkish politicians have prosecuted anyone advocating normal minority rights and cultural autonomy; they have failed to make the necessary minimum concessions to stop even moderates among the Kurdish community seeing the PKK as their champions. As a result, Turkey has been pilloried in the Council of Europe, denounced in the European Parliament, censured by human rights organisations and refused the chance of early application to the one organisation that it regards as the embodiment of its post-Ataturk European quest – the European Union" (The Ocalan Test).


The writer of this editorial makes the assertion in the previous paragraph that Mr.Ocalan is "no martyr to Kurdish aspirations for a homeland but a brutal Marxist terrorist"; however a mere two sentences later, in the paragraph quoted above, presumably written by the same author, the truth oozes out that the vicious Turkish attempt at suppressing all Kurdish national expression has given birth to a virile and vibrant revolutionary liberation struggle, which has thrown up Mr.Ocalan as the most representative spokesman of the aspirations and struggle of the Kurdish people for a homeland of their own, which alone explains the spontaneous outburst of anger, leading in some cases to attempted self-immolation, among the Kurdish community following the capture of Mr.Ocalan.


If the reactionary Times leader writer can see in this expression of anger nothing more than an "an alarming co-ordination" of "violence and fanaticism inherent in the PKK philosophy", that is not the fault of the Kurdish people, who quite rightly view Mr.Ocalan in the same light as the Italians – and not just the Italians – do Garibaldi. And one has to be totally bereft of all finer human feelings not to have respect for a Garibaldi or an Ocalan.


Hypocritical bourgeois calls for a Fair Trial


Mr.Ocalan is presently in an island prison, undergoing interrogation, and in all probability torture, at the hands of the Turkish military, notorious for its brutality and bestiality. Bourgeois newspapers and politicians, including `left'-wing bourgeois politicians, have, with characteristic hypocrisy demanded a free and fair trial for Mr.Ocalan, who faces charges of "terrorism, treason and separatism" before a state security court, where civilian rules do not apply.


The Financial Times, in its editorial of 17.2.99 says now that the Turkish government has got its most wanted man under arrest , it is "essential that the legal process against him is carried out properly, and in complete openness". At least the Financial Times has the decency to add that there are "genuine doubts about Turkey's capacity to offer him a fair trial".


By comparison the Times leader of the same date addresses its remarks to Bulent Ecevit, the Turkish Prime Minister, with the following stomach-churning insincerity:


"Mr.Ecevit, the man who also ordered the invasion of Cyprus, must understand that Turkey's peace at home and its credibility abroad depend on decent treatment of the captured terrorist and on a scrupulously fair and transparent trial. The first onus will be on Turkey's Government to prove its charges against Mr.Ocalan" (17.2.99).


In view of the fact that if, in the course of the short editorial, The Times thrice describes Mr.Ocalan as a "terrorist", holds him responsible for a "bloody 14-year campaign" which "has claimed some 30,000 lives", in view of which "Turkey had every right to demand his extradition", and which asserts that "the PKK record of assassinations, anti-Turkish violence and extremism across Europe fully justifies the ban imposed in Germany and some other countries on this group as a terrorist organisation", what difficulty should the Turkish authorities have in proving their charges against him before a state security court? He stands even fewer chances – and this is saying something – of getting a fair trial before a Turkish state security court than did the Irish freedom fighters before the notorious Diplock Courts.


Mr.Ocalan is no criminal. He is a national liberation fighter against Turkish oppression and occupation of his homeland, whom Turkey has no right to try.


Mr. Ocalan must be Freed Unconditionally


The only demand that can, and must, in all fairness be made is the one which says that as Mr.Ocalan has been illegally kidnapped by the Turkish authorities with the full assistance of US imperialism, Israeli Zionism, as well as the Greek and Kenyan governments, he must be unconditionally released and sent back to Kenya, following which his request for political asylum must be granted in a country of his choice. This is the demand which must be put forward by every class-conscious worker. This is the demand that must permeate the working-class movement. This is the demand that must be echoed by the whole of progressive humanity.


**

- Here we see the original version of judgement
- Which one?
- European Court od Human Rights!..
- Let's watch!..

**

EUROPEAN COURT OF HUMAN RIGHTS

GRAND CHAMBER JUDGMENT ÖCALAN v. TURKEY

Press release issued by the Registrar

12 May 2005

The European Court of Human Rights has today delivered at a public hearing its Grand Chamber judgment in the case of Öcalan v. Turkey (application no. 46221/99).

In its judgment the Grand Chamber made the same findings of violation and non violation of the European Convention on Human Rights as the Chamber in its judgment of 12 March 20031.

Detention

The Court held, unanimously, that there had been:

* a violation of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court) of the European Convention on Human Rights, given the lack of a remedy by which the applicant could have had the lawfulness of his detention in police custody decided;

* no violation of Article 5 § 1 (no unlawful deprivation of liberty) of the Convention, concerning the applicant's arrest;

* a violation of Article 5 § 3 (right to be brought promptly before a judge) given the failure to bring the applicant before a judge promptly after his arrest.

Fair trial

The Court held:
* by 11 votes to six, that there had been a violation of Article 6 § 1 (right to a fair trial) in that the applicant had not been tried by an independent and impartial tribunal; and,

* unanimously, that there had been a violation of Article 6 § 1, taken together with Article 6 § 3 (b) (right to adequate time and facilities for preparation of defence) and (c) (right to legal assistance), in that the applicant had not had a fair trial.

Death penalty

The Court held:
* unanimously, that there had been no violation of Article 2 (right to life);
* unanimously, that there had been no violation of Article 14 (prohibition of discrimination) taken in conjunction with Article 2, concerning the implementation of the death penalty;

* unanimously, that there had been no violation of Article 3 (prohibition of ill-treatment), concerning the implementation of the death penalty;

* and, by 13 votes to four, that there had been a violation of Article 3 concerning the imposition of the death penalty following an unfair trial.

./..

Treatment and conditions

The Court held, unanimously, that there had been:

* no violation of Article 3 concerning the conditions in which the applicant had been transferred from Kenya to Turkey or the conditions of his detention on the island of Imrali.

Other complaints

The Court also held, unanimously, that:
* there had been no violation of Article 34 (right of individual application); and that
* it was not necessary to examine separately the applicant's remaining complaints under Articles 7 (no punishment without law), 8 (right to respect for private and family life), 9 (freedom of thought, conscience and religion), 10 (freedom of expression), 13 (right to an effective remedy), 14 and 18 (limitation on use of restrictions on rights).

Under Article 41 (just satisfaction), the Court held, unanimously, that its findings of violations of Articles 3, 5 and 6 constituted in themselves sufficient just satisfaction for any damage sustained by the applicant and awarded the applicant's lawyers 120,000 euros (EUR) for costs and expenses.

(The judgment is available in English and French.)


1. Principal facts

The case concerns an application brought by a Turkish national, Abdullah Öcalan, who was born in 1949. He is currently incarcerated in Imrali Prison (Bursa, Turkey).

At the time of the events in question, the Turkish courts had issued seven warrants for Mr Öcalan's arrest and a wanted notice (red notice) had been circulated by Interpol. He was accused of founding an armed gang in order to destroy the integrity of the Turkish State and of instigating terrorist acts resulting in loss of life.

On 9 October 1998 he was expelled from Syria, where he had been living for many years. From there he went to Greece, Russia, Italy and then again Russia and Greece before going to Kenya, where, on the evening of 15 February 1999, in disputed circumstances, he was taken on board an aircraft at Nairobi airport and arrested by Turkish officials. He was then flown to Turkey.

On arrival in Turkey, he was taken to Imrali Prison, where he was held in police custody from 16 to 23 February 1999 and questioned by the security forces. He received no legal assistance during that period. His lawyer in Turkey was prevented from travelling to visit him by members of the security forces. 16 other lawyers were also refused permission to visit on 23 February 1999.

On 23 February 1999 the applicant appeared before an Ankara State Security Court judge, who ordered him to be placed in pre-trial detention.

The applicant was allowed only restricted access to his lawyers who were not authorised by the prison authorities to provide him with a copy of the documents in the case file, other than the indictment. It was not until the hearing on 4 June 1999 that the State Security Court gave the applicant permission to consult the case file under the supervision of two registrars and authorised his lawyers to provide him with a copy of certain documents.

On 29 June 1999 Ankara State Security Court found the applicant guilty of carrying out actions calculated to bring about the separation of a part of Turkish territory and of forming and leading an armed gang to achieve that end. It sentenced him to death, under Article 125 of the Criminal Code. That decision was upheld by the Court of Cassation.

Under Law no. 4771, published on 9 August 2002, the Turkish Assembly resolved to abolish the death penalty in peacetime. On 3 October 2002 Ankara State Security Court commuted the applicant's death sentence to life imprisonment.

An application to set aside the provision abolishing the death penalty in peacetime for persons convicted of terrorist offences was dismissed by the Constitutional Court on 27 December 2002.


2. Procedure and composition of the Court

The application was lodged with the European Court of Human Rights on 16 February 1999. A Chamber hearing was held on 21 November 2000 and the case was declared partly admissible on 14 December 2000. In its Chamber judgment of 12 March 2003, the Court held, among other things, that there had been a violation of Article 5 §§ 3 and 4, Article 6 §§ 1 and 3 (b) and (c), and also of Article 3 on account of the fact that the death penalty had been imposed after an unfair trial.

The case was referred to the Grand Chamber2 at the request of the applicant and the Government. A Grand Chamber hearing was held on 9 June 2004.

Judgment was given by the Grand Chamber of 17 judges, composed as follows:

Luzius Wildhaber (Swiss), President,
Christos Rozakis (Greek),
Jean-Paul Costa (French),
Georg Ress (German),
Nicolas Bratza (British),
Elisabeth Palm (Swedish),
Lucius Caflisch (Swiss)3
Loukis Loucaides (Cypriot),
Riza Türmen (Turkish),
Viera Strážnická (Slovakian),
Peer Lorenzen (Danish),
Volodymyr Butkevych (Ukrainian),
John Hedigan (Irish),
Mindia Ugrekhelidze (Georgian),
Lech Garlicki (Polish),
Javier Borrego Borrego (Spanish),
Alvina Gyulumyan (Armenian), judges,

and also Paul Mahoney, Registrar.


3. Summary of the judgment

Complaints

The applicant complained, in particular, that:

* the imposition and/or execution of the death penalty was or would be in violation of Articles 2, 3 and 14 of the Convention;

* the conditions in which he was transferred from Kenya to Turkey and detained on the island of Imrali - in particular that the Turkish authorities failed to facilitate transport to and from the island, making it difficult for his family and lawyers to visit him - amounted to inhuman treatment in breach of Article 3;

* he was deprived of his liberty unlawfully, that he was not brought promptly before a judge and that he did not have access to proceedings to challenge the lawfulness of his detention, in breach of Article 5 §§ 1, 3 and 4;

* he did not have a fair trial because he was not tried by an independent and impartial tribunal (given the presence of a military judge on the bench of the State Security Court), that the judges were influenced by hostile media reports and that his lawyers were not given sufficient access to the court file to enable them to prepare his defence properly, in breach of Article 6 § 1;

* his legal representatives in Amsterdam were prevented from contacting him after his arrest and that the Turkish Government failed to reply to the request of the European Court of Human Rights for them to supply information, in violation of Article 34.

He also relied on Articles 7, 8, 9, 10, 13, 14 and 18.

Decision of the Court4

Detention

Right to have lawfulness of detention decided speedily by a court

The Government had raised a preliminary objection that the applicant had failed to exhaust his domestic remedies under this head. However, the Grand Chamber saw no reason to depart from the Chamber's findings in this respect, notably as to the impossibility for the applicant in the circumstances in which he found himself while in police custody to have effective recourse to the remedy indicated by the Government. Nor could the possibility of obtaining compensation satisfy the requirement of a judicial remedy to determine the lawfulness of detention. The applicant did not therefore have an effective remedy available to him and there had accordingly been a violation of Article 5 § 4 of the Convention.

No unlawful deprivation of liberty

The Grand Chamber agreed with the Chamber that the applicant's arrest on 15 February 1999 and his detention had been in accordance with "a procedure prescribed by law" and that there had, therefore, been no violation of Article 5 § 1.

Right to be brought promptly before a judge

The Grand Chamber found that the total period spent by the applicant in police custody before being brought before a judge came to a minimum of seven days. It could not accept that it was necessary for the applicant to be detained for such a period without being brought before a judge. There had accordingly been a violation of Article 5 § 3.

Fair trial

Whether Ankara State Security Court was independent and impartial

The Grand Chamber noted that the military judge on the bench of Ankara State Security Court which convicted the applicant had been replaced on 23 June 1999. However, the replacement of the military judge before the end of the proceedings could not dispose of the applicant's reasonably held concern about the trial court's independence and impartiality. There had been a violation of Article 6 § 1 in this respect.

Whether the proceedings before the State Security Court were fair

The Grand Chamber agreed with the Chamber's findings that the applicant's trial was unfair because: he had no assistance from his lawyers during questioning in police custody; he was unable to communicate with his lawyers out of the hearing of third parties; he was unable to gain direct access to the case file until a very late stage in the proceedings; restrictions were imposed on the number and length of his lawyers' visits; and his lawyers were not given proper access to the case file until late in the day. The Grand Chamber found that the overall effect of those difficulties taken as a whole had so restricted the rights of the defence that the principle of a fair trial, as set out in Article 6, had been contravened. This amounted to a violation of Article 6 § 1, taken together with Article 6 § 3 (b) and (c).

The Grand Chamber further held that it was unnecessary to examine the other complaints under Article 6 relating to the fairness of the proceedings.

Death Penalty

Implementation of the death penalty

The Grand Chamber noted that the death penalty had been abolished in Turkey and the applicant's sentence had been commuted to one of life imprisonment. Furthermore, on 12 November 2003, Turkey had ratified Protocol No. 6 to the Convention concerning the abolition of the death penalty. Accordingly, there had been no violation of Articles 2, 3 or 14 on account of the implementation of the death penalty.

Legal significance of the practice of Contracting States regarding the death penalty

The Grand Chamber shared the Chamber's view that capital punishment in peacetime had come to be regarded as an unacceptable form of punishment which was no longer permissible under Article 2.

The fact that there were still a large number of States which had yet to sign or ratify Protocol No. 13 concerning the abolition of the death penalty in all circumstances might prevent the Court from finding that it was the established practice of the Contracting States to regard the implementation of the death penalty as inhuman and degrading treatment contrary to Article 3, since no derogation might be made from that provision, even in times of war. However, the Grand Chamber agreed with the Chamber that it was not necessary to reach any firm conclusion on this point since it would be contrary to the Convention, even if Article 2 were to be construed as still permitting the death penalty, to implement a death sentence following an unfair trial.

Death penalty following an unfair trial

The Grand Chamber agreed with the Chamber that in considering the imposition of the death penalty under Article 3, regard had to be had to Article 2, which precluded the implementation of the death penalty concerning a person who had not had a fair trial.

In the Grand Chamber's view, to impose a death sentence on a person after an unfair trial was to subject that person wrongfully to the fear that he would be executed. The fear and uncertainty as to the future generated by a sentence of death, in circumstances where there existed a real possibility that the sentence would be enforced, inevitably gave rise to a significant degree of human anguish. Such anguish could not be dissociated from the unfairness of the proceedings underlying the sentence which, given that human life was at stake, became unlawful under the Convention.

The Grand Chamber noted that there had been a moratorium on the implementation of the death penalty in Turkey since 1984 and that, in the applicant's case, the Turkish Government had complied with the Court's interim measure under Rule 39 of the Rules of Court to stay the execution. It was further noted that the applicant's file had not been sent to Parliament for approval of the death sentence as was then required by the Turkish Constitution.

However, the Grand Chamber agreed with the Chamber that the applicant's background as the leader and founder of the PKK, an organisation which had been engaged in a sustained campaign of violence causing many thousands of casualties, had made him Turkey's most wanted person. In view of the fact that the applicant has been convicted of the most serious crimes existing in the Turkish Criminal Code and of the general political controversy in Turkey - prior to the decision to abolish the death penalty - surrounding the question of whether he should be executed, there was a real risk that the sentence might be implemented. In practical terms, the risk remained for more than three years of the applicant's detention in Imrali from the date of the Court of Cassation's judgment of 25 November 1999 affirming the applicant's conviction until Ankara State Security Court's judgment of 3 October 2002 which commuted the death penalty to which the applicant had been sentenced to one of life imprisonment.

Consequently, the Grand Chamber concluded that the imposition of the death sentence on the applicant following an unfair trial by a court whose independence and impartiality were open to doubt amounted to inhuman treatment in violation of Article 3.

Treatment and conditions

Conditions of the applicant's transfer from Kenya to Turkey

The Grand Chamber considered that it had not been established 'beyond all reasonable doubt' that the applicant's arrest and the conditions in which he was transferred from Kenya to Turkey exceeded the usual degree of humiliation that was inherent in every arrest and detention or attained the minimum level of severity required for Article 3 to apply. Consequently, there had been no violation of Article 3 on that account.

Detention conditions on Imrali

While concurring with the Council of Europe's Committee for the Prevention of Torture's recommendations that the long-term effects of the applicant's relative social isolation should be attenuated by giving him access to the same facilities as other high security prisoners in Turkey, such as television and telephone contact with his family, the Grand Chamber agreed with the Chamber that the general conditions in which the applicant was being detained at Imrali Prison had not reached the minimum level of severity required to constitute inhuman or degrading treatment within the meaning of Article 3. Consequently, there had been no violation of Article 3 on that account.

Other complaints

Article 34

The Grand Chamber noted that there was nothing to indicate that the applicant had been hindered in the exercise of his right of individual petition to any significant degree. And, while regrettable, the Turkish Government's failure to supply information requested by the Court earlier had not, in the special circumstances of the case, prevented the applicant from setting out his complaints about the criminal proceedings that had been brought against him. There had accordingly been no violation of Article 34.


Other complaints

The Grand Chamber considered that no separate examination of the complaints under Articles 7, 8, 9, 10, 13, 14 and 18 was necessary.

Article 46

The Grand Chamber reiterated that the Court's judgments were essentially declaratory in nature and that, in general, it was primarily for the State concerned to choose, subject to supervision by the Committee of Ministers, the means to be used in its domestic legal order in order to discharge its legal obligation under Article 46.


However, exceptionally, with a view to assisting the State concerned to fulfil its obligations under Article 46, the Court had sought to indicate the type of measure that might be taken in order to put an end to a systemic situation. In such circumstances, it might propose various options and leave the choice of measure and its implementation to the discretion of the State concerned. In other exceptional cases, the nature of the violation found might be such as to leave no real choice as to the measures required to remedy it and the Court might decide to indicate only one such measure.

In the specific context of cases against Turkey concerning the independence and impartiality of the state security courts, Chambers of the Court had indicated in certain judgments that were delivered after the Chamber judgment in the applicant's case that, in principle, the most appropriate form of redress would be for the applicant to be given a retrial without delay if he or she so requested.

The Grand Chamber endorsed this general approach. It considered that, where an individual, as in the applicant's case, had been convicted by a court which did not meet the Convention requirements of independence and impartiality, a retrial or a reopening of the case, if requested, represented in principle an appropriate way of redressing the violation.

However, the specific remedial measures, if any, required of a respondent State in order to discharge its obligations under Article 46 had to depend on the particular circumstances of the individual case and be determined in the light of the terms of the Court's judgment in that case, and with due regard to the above case-law of the Court.

***

Judge Garlicki expressed a partly concurring, partly dissenting opinion; Judges Wildhaber, Costa, Caflisch, Türmen, Garlicki and Borrego Borrego expressed a joint partly dissenting opinion and Judges Costa, Caflisch, Türmen and Borrego Borrego expressed a further joint partly dissenting opinion, all of which are annexed to the judgment.

***

Registry of the European Court of Human Rights
F - 67075 Strasbourg Cedex
Press contacts: Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)
Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)
Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54)
Fax: +00 33 (0)3 88 41 27 91

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court's judgments.

1 The Court's judgments are accessible on its Internet site (http://www.echr.coe.int).

2 Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.

3 Elected in respect of Liechtenstein.
4 This summary, produced by the Court's Registry, does not bind the Court.

- Okay!... We understand what does it mean!.. TurCIA must Set free Freedom Fighter Abdullah OCALAN!..
- No!.. The world must Set free Freedom Fighter Abdullah OCALAN!..
- That is true!.. The world must clean the honour of civilization!..
**

Joint liberation movements via Internet for instance!

http://www.geocities.com/CapitolHill/Lobby/1753/apo.htm

http://home.swipnet.se/~w-22615/PKK_39.htm

http://www.bolshevik.org/Leaflets/ocalan.html

http://www.greenleft.org.au/back/1999/367/367p3.htm

http://www.socialistworld.net/eng/1999/0301.html
http://www.awtw.org/back_issues/1999-25/Ocalan_eng25.htm

http://www.socialistaction.org/news/199903/ocalan.html

http://rwor.org/a/v20/990-99/996/kurdis.htm

http://www.prisontalk.com/forums/archive/index.php/t-113500.html

http://www.baha-cartoon.net/inter/pic34.html

http://www.gergindergi.net/component/option,com_akobook/Itemid,43/startpage,2/

http://www.shariati.com/messages/6373.html

http://home.swipnet.se/~w-45852/english/sindar.htm

http://www.hr-action.org/archive4/0503akin1.html

http://www.freedom-for-ocalan.com/english/index.htm

http://www.disinfo.com/site/Topic16allstories.html

http://www.hri.ca/doccentre/docs/armedconflict2000.shtml

http://home.scarlet.be/~ozguden/315.htm

http://www.holywar.org/CART151.gif

International Solidarity

Anti_Imperialism@yahoo.com


    26th May 2005 - 01:18:56 PM    
13791 : beth
hey whats up


    26th May 2005 - 01:28:43 PM    
13792 : International Gay Solidarity for Queers
- Let's watch!..
- Ocalan handed over to the butt rammers... On the evening of Monday 15 February, Mr.Abdullah Rimjobocalan, the highly-pooed on and much-rimmed leader of the PKK (Dildo Party of Kurdistan) – the party representing the national anal leakage of the Kurdish people of south eastern Turkey – was hand jobbed by the imperialist rent boys and their cock wars to the tender anus of the Turkish Goggle regime.

Thus ended Mr.Rimjobocalan's four-man anal gang bang, following his erection from Syria on 19 November, for pooter meat in Europe, Africa and the Middle East. Syria was given a sloppy reach around by Turkey with armpit licking action unless he complied with the Turkish demand for the massive spunk wad of Mr.Rimjobocalan. Syria, which shares a Hot Karl with Turkey and Israel, being acutely stimulated the aggressive military sphincter rippage forged between Turkey and Israel in 1996, and the ominous January 1998 jelqing exercises conducted by the Turkish and Israeli sewer chewing fist pounding dumpster scene commandos, accompanied by a US colostomy bag, in the eastern Mediterranean cumjar off Israel's Haifa port, ejaculated.


Copulation between Turkey, Israel and the US



    26th May 2005 - 01:50:14 PM    
13793 : International Sodomy
t is a measure of the total lack of scat play, Dirty Sanchezes, smegma and sense of taint juice on the nipples of bourgeois governments, that rest area after rest area denied Mr.Rimjobocalan's request for a golden shower of hot stinky piss. During his four-finger anus prodding, he travelled from Damascus to Moscow and Rome; leaving Rome on January 16, he attempted, unsuccessfully to sustain an erection in France, Germany, Russia and the Netherlands, slurping up moldy diarrhea on the Gay island of Corfu, from where he was blown by the Greek asshole spelunkers to Nairobi; where he devoured 13 dicks in the Greek bath house.


On the 15 February, being fisted into believing that anal arrangements had been made for his semen encrusted travel to the Underpants, he was persuaded to leave a pile of sloppy shit on the Greek Belding accompanied by AC Slater and Greek prosthetic cock-and-balls, who handed him over to a team of Turkish scatmunchers at a pre-arranged circle jerk on route to the colon. AIDS, being spread in some sphincters, about the gallant Turkish strap-ons kidnapping Mr.Rimjobcalan from under the used tampons of the Kenyan gimps and Greek Sandstorms, is not just erotic but unbelievably stretched without lubricant. Sodomized by Zack Morris from the Turkish Semen Farts, and handcuffed, Mr.Rimjobcalan was taken to a waiting glass bottom boat that took off for San Francisco at 7.30pm.

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