E/CN.4/1991/56
page 116
85. On 8 November 1990, the Government of Turkey sent its comments to the
Special Rapporteur regarding the above-mentioned information:
"1. As stated in article 2 of its Constitution, the Republic of Turkey
is a democratic, secular and social State governed by the rule of law; bearing
in mind the concepts of public peace, national solidarity and justice;
respecting human rights; loyal to the nationalism of Atatiirk, and based on the
fundamental tenets set forth in the Preamble of the Constitution. Laicism is
one of these tenets. The Government of Turkey reiterates its firm belief that
laicism provides the basis for the true exercise of the right to freedom of
religion and the prevention of discrimination based on religion. Laicism is a
principle which the Turkish Government and all the Turkish authorities
concerned must protect and promote. In terms of Turkish legislation and
practice, the protection of laicism corresponds to the protection of the right
to freedom of conscience, religious belief and conviction. In this respect,
article 24 of the Constitution and article 163 of the Turkish Penal Code are
the main safeguards against activities aiming to abolish democracy and
fundamental human rights, and to establish a theocratic State based on
religious intolerance. According to article 4 of the Turkish Penal Code, such
activities carried out by the Turkish nationals constitute punishable acts
even if they are committed in a foreign country.
2.
Mr. Osman Coskun is one of those persons who aim to establish a
theocratic Islamic State in Turkey. In 1980 he went to another European
country where he has been active as member of an anti-secular association
founded and supported by some fundamentalist circles with a view to
propagating theocratic ideas among the large community of Turkish nations
existing in that country and to promoting organized activities to overthrow
laicism in Turkey. Mr. Osman Coskun has been a leading person in activities
aiming to attain these objectives. Since his activities have been directed
against the Republic of Turkey, they were taken up by the relevant Turkish
Court in accordance with article 4 of the Turkish Penal Code. On
19 January 1988, Ankara State Security Court has sentenced Osman Coskun to
16 years and 8 months of imprisonment according to article 163 (paras. 2 and
3) of the Turkish Penal Code. This sentence has been approved by the Court of
Appeal on 12 May 1988."
Viet Nam
86. In a communication dated 1 October 1990, the Special Rapporteur addressed
the following information to the Government of Viet Nam:
"The following monks and priests were allegedly arrested and tried on
account of their religious activities:
Thich Due Nhuan, a 61-year-old Buddhist monk, arrested on 6 August 1985
in his pagoda in Ho Chi Minh City, is reported to have been detained without
trial until September 1988, and then sentenced to 10 years' imprisonment after
being accused of 'subversive activities against the authority of the people'.
He was allegedly detained for several months at the detention centre in
Phan Dang Luu Street, where he was subjected to long interrogations, before
being transferred to Chi Hoa prison in Ho Chi Minh City, without any formal
charges being made against him. He was then reportedly tried by the people's
court in Ho Chi Minh City on 28 to 30 September 1988, accused, under