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unlawful arrests

CALL FOR INVESTIGATION: Brutal Stabbing Attack on Businessman Hazim Sesli at Menemen Penitentiary

 

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Brutal Stabbing Attack on Businessman Hazim Sesli at Menemen Penitentiary

Advocates of Silenced Turkey urges all relevant institutions of the International Human Rights community to petition the Government of Turkey as follows:

  1. The Ministry of Justice and the Menemen Type T Penitentiary must urgently carry out a thorough, prompt, independent and impartial investigation into the attack in the custody of Businessman Hazim Sesli in order to determine (a) how a deadly weapon was brought into the prison, (b) why the assailant was left unsupervised for the duration of this nearly fatal attack, and (c) whether prison staff have been involved in planning the attack.
  2. Turkish authorities must urgently provide information to resolve questions and suspicions about the Hazim Sesli incident as well as all other allegations of ill-treatment, including violations by guards and other prisoners, of Hizmet Movement members imprisoned for political reasons.

Facts of the Hazim Sesli Incident

Businessman Hazim Sesli, arrested after being detained as part of the investigations against the Hizmet Movement, was attacked while talking on the phone with his family at 4:20 PM on March 11, 2020, at the Menemen Prison. Sesli was stabbed in 7 different parts of his body by another prisoner. Sesli first received medical attention in the prison infirmary in the aftermath of the attack and was later transferred to a hospital for further treatment.

According to information received by AST, Hazim Sesli, as part of Usak 2. Assize Court’s case No. 2016/204 E, has been a prisoner at the Menemen Type T Closed Penitentiary since October 21, 2015.

Testimony received by TR 724 News indicates that while Mr. Hazim Sesli stayed in an 8-person dormitory-style cell until September 9, 2016, he was arbitrarily transferred into solitary confinement without an official explanation from the Menemen Type T Closed Penitentiary Administration. It was asserted that this transfer was requested by the Ministry of Justice. However, in all applications submitted by Hazim Sesli’s legal representatives, they were told by the Ministry of Justice that a transfer request had not been made; the ministry added that the decision to transfer Sesli was at the discretion of the Menemen Penitentiary.

Hazim Sesli had not been interviewed since his transfer to solitary confinement. On March 11, 2020, at exactly 16:20, Hazim Sesli was stabbed by Fatih Oktay while on a phone call with his family. While on the phone, Hazim Sesli first noticed the attack when the assailant accidentally stabbed the phone in his hands. Sesli attempted to protect his life against the stabber who repeatedly attempted to stab his heart. Prison guards intervened, however, Sesli had incurred 7 severe injuries, including two stabbing wounds on his left hand, two wounds on his left leg, and 3-4 wounds on his hips.

The assailant, Fatih Oktay, is a two-time murderer and known for skinning the head of another prisoner in the past. The fact that Oktay, a violent criminal, was left in the same phone area as Hazim Sesli without supervision raises suspicions and numerous questions about the security conditions at the Menemen Penitentiary. More crucially, when Hazim Sesli was brought back from the hospital after his treatment, a prison guard has reportedly intentionally brought Sesli to the assailant’s cell to confirm Sesli’s return to the penitentiary.

Relevant Human Rights Institutions

  1. United National Human Rights Committee

Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10 (Switzerland)

Fax: + 41 22 917 9022 (particularly for urgent matters)
E-mail: petitions@ohchr.org

  1. Committee Against Torture

Petitions and Inquiries Section
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland

E-mail: petitions@ohchr.org,
TB-petitions@ohchr.org,
cat@ohchr.org,
registry@ohchr.org

  1. Tom Lantos Human Rights Commission

Tom Lantos Human Rights Commission
House Committee on Foreign Affairs
5100 O’Neill House Office Building
200 C Street SW
Washington, D.C. 20515
United States of America

Phone: +1 (202) 225-3599
Fax: +1 (202) 226-6584
Email: TLHRC@mail.house.gov

  1. S Helsinki Commission

234 Ford House Office Building
3rd and D Streets SW
Washington, DC 20515

Email: info@csce.gov

  1. Working Group on Arbitrary Detention

Mr. José Guevara,
Ms. Leigh Toomey,
Ms. Elina Steinerte,
Mr. Sètondji Adjovi,
Mr. Seong-Phil Hong

Email: wgad@ohchr.org

  1. The Honorable Dunja Mijatovic

Office of the Commissioner for Human Rights
Council of Europe
Avenue de I’Europe F-67075
Strasbourg Cedex, France

Tel: +33 (0)3 88 41 34 21
Fax: +33 (0)3 90 21 50 53
Email:  commissioner@coe.int

  1. The Honorable Abdülhamit Gül

Minister of Justice
06659 Kizilay
Ankara, Republic of Turkey

Email: info@adalet.gov.tr

 

Contact Us:

help@silencedturkey.org 
Phone: 646-504-2088

 

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RELEASE ABDULLAH AYDOGAN: The 74 Year Old Political Prisoner

AST has written an official complaint letter to be shared with relevant United Nations institutions. Please join us in sending a letter to Nils Melzer in order to urge the Special Rapporteur to take action on Turkey’s cruel treatment of Abdullah Aydogan

Re: International Law Obligations to Release Abdullah Aydoğan

Dear Special Rapporteur Nils Melzer,

We write on behalf of Advocates of Silenced Turkey (AST), an advocacy group of concerned human rights defenders who promote international human rights, the independence and security of human rights defenders, the integrity of legal systems and the rule of law through advocacy, education, and research. AST plays a major role in documenting and disseminating information regarding human rights violations committed in the Republic of Turkey.

The Republic of Turkey, under the combined leadership of the Justice and Development Party (AKP) and President Recep Tayyip Erdogan, has systemically detained, arrested, charged and/or imprisoned victims who suffer from old age and chronic health problems without exploring potential non-custodial measures. The presiding Turkish government’s ill-treatment of critically ill prisoners has been extensively documented by the United Nations’ Independent Experts, domestic NGOs, and international human rights organizations. In fact, there are 458 critically ill prisoners in Turkey’s criminal justice system.

In this instance, we are writing with respect to Abdullah Aydoğan, a 74-year old prisoner. Mr. Aydoğan has been in prison since 2017, continues to suffer a multitude of life-threatening health problems, and all of his appeals, legal and otherwise, have been unequivocally rejected by the Turkish judicial system.

Further Background

Abdullah Aydoğan, a 74-year old illiterate retiree, husband, and father of 1 daughter has been in prison since 2016. In August 2016, Aydoğan was taken into custody and later imprisoned for his alleged managerial role in the Gulen Movement. Until his first encounter with the criminal justice system, Aydoğan had no prior criminal record. After nearly 9 months in custody, Aydoğan was convicted for acquiring a banking account from Asia Bank (“Bank Asya”) in 1997; traveling abroad three times for hajj, umrah, and his daughter’s graduation ceremony; participating in a relief organization which organized charity activities in underserved villages and towns. Aydoğan was initially sentenced to 9 years and 9 months; the Supreme Court later reduced his sentence to 6 years and 3 months, confirming and ascertaining his sentence.

According to the information we have received through AST’s original research, Mr. Aydoğan was unable to leave his home prior to his imprisonment due to health issues. He spent his time exclusively at home for nearly five years and depended on his wife for care. A board of medical examiners unanimously agree that Aydoğan’s health problems pose a dire threat to his health if left untreated. Mr. Aydoğan suffers from bilateral sensorineural hearing loss, movement disability due to gonarthrosis (a degenerative joint issue), senile cataract, and benign prostatic hyperplasia.

Legal Analysis

The UN Human Rights Committee and the UN Special Rapporteur’s Mission to Turkey have both concluded after careful consideration that detentions, arrest, and convictions of critically ill persons may amount to torture and other cruel, inhuman or degrading treatment. The ill-treatment of disabled and sickly prisoners by imprisonment and deprivation of medical services violates fundamental human rights outlined by the International Covenant on Civil and Political Rights (ICCPR) and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Finally, the Turkish government’s systemic persecution of disabled prisoners violates Articles 10, 14, and 15 of the Convention on the Rights of Persons with Disabilities. Conviction or detention of vulnerable persons is therefore unlawful.

A close investigation of Abdullah Aydoğan’s case reveals that his particular situation has been covered and protected by four distinct human rights instruments:

  1. International Covenant on Civil and Political Rights

  2. Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment

  3. Convention on the Rights of Persons with Disabilities

  4. Basic Principles for the Treatment of Prisoners

While the violations of the first two instruments are self-evident, we would like to explain the violations of the other two instruments.

Convention on the Rights of Persons with Disabilities

The detention and imprisonment of Abdullah Aydoğan constitute a grave violation of the Convention on the Rights of Persons with Disabilities to which Turkey is a state party. Most importantly, Article 15 provides, “(2) States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.” The October 2019 report by the UN Committee on the Rights of Persons with Disabilities provides further clarification of the State duty to protect human rights of disabled members of society by delineating shortcomings of Turkish institutions:

  1. The absence of information about measures to protect the rights of persons with disabilities and prevent abuse and involuntary admission to psychiatric hospitals, residential facilities or other institutions;

  2. Insufficient accommodations available for persons with disabilities in prisons, reports of ill-treatment of persons with disabilities in prisons, limited access to remedies in cases of ill-treatment, and risks of reprisals;

  3. The lack of information about monitoring of residential facilities to prevent ill-treatment and the restrictions on monitoring by civil society organizations of persons with disabilities deprived of liberty

Basic Principles for the Treatment of Prisoners

In 1990, the United Nations established a set of principles for the protection of civil rights of prisoners while in custody. Principle 4 establishes the “responsibility of prisons for the custody of prisoners and for the protection of society against crime shall be discharged in keeping with a State’s other social objectives and its fundamental responsibilities for promoting the well-being and development of all members of society.” In light of this principle, Abdullah Aydoğan who has been unable to leave his home for nearly five years prior to his imprisonment poses absolutely no danger to the Turkish society at large. Furthermore, charges leveled against Aydoğan pertain exclusively to his involvement with various non-violent charity activities, meaning Aydoğan has never posed a danger to society at any point of his life. In short, Mr. Aydoğan cannot and does not pose a danger to society due to the condition of his health. Therefore, the Turkish State’s responsibility for the protection of society against crime can be effectively discharged in this instance.

Conclusion 

AST urges the Office of the Special Rapporteur to urge the Government of Turkey to:

  1. Immediately and unconditionally release from imprisonment Abdullah Aydoğan

  2. Immediately release from imprisonment all other critically ill men and women who suffer from life threatening illnesses and pose no risk to the social safety

  3. Put an end to the practice of imprisoning old, critically-ill, and disabled prisoners

  4. Put an end to the practice of charging Turkish citizens with criminal offenses based simply on their affiliation with government-sanctioned charity organizations

  5. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments.

Thank you for your prompt attention to this important matter.
Advocates of Silenced Turkey.
Letters can be sent by mail AND email:
Mailing Address:
Special Rapporteur on Torture
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10
Switzerland

EMAIL: urgent-action@ohchr.org

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SEND A LETTER : TORTURE ALLEGATIONS

 

 

Urge Turkish authorities to investigate and stop the torture of 18 ex-Intelligence
employees in Ankara at the counter-terrorism department on December 18th and
bring perpetrators to justice.

Dear (Mr. Senator) (Law Enforcement Officials),

According to information provided by Bold Medya from ex-MIT employee H.Ç’s wife (a lawyer), the detainees were interviewed at 10:30 PM on December 18th, 2019 and threatened with rape using bottles in the counter-terrorism department in Ankara, Turkey.

“My husband was threatened with [my safety], although he did not give details about this part. I think this hurt him deeply. He was threatened with his family and his mother. Then they showed him bottles lined up side by side and threatened him saying ‘Look, we oiled this bottle for you. Today we’re only saying hello, you can guess what we will do tomorrow’” said H.Ç, a lawyer and the wife of one of the detainees.

During the last two years following the so-called coup attempt on July 15, 2016, almost all democratic processes and fundamental human rights have been suspended in Turkey.

The Erdogan administration has greatly restricted access to basic human rights and has abandoned the values of equality and respect for human dignity in the sense that the western civilization stipulates, and in this regard, it has completely broken its ties with the modern world. Other reports prepared by many internationally recognized human rights institutions clearly state the same. For example, the Human Rights Watch published a report about kidnapping and torture in Turkey (Police Custody Torture and Abductions in Turkey) on October 2017 while the United Nations published a report on March 20, 2018, about the widespread human rights violations including torture during Turkey’s state of emergency.

The High Commissioner for UN Human Rights, Zeid Ra’ad Al Hussein, mentioned that about 160,000 people were detained in Turkey; 152,000 state officials, including teachers, judges and lawyers, among whom the vast majority were arbitrarily expelled or investigated; nearly 200 journalists were arrested, 201 media outlets and hundreds of websites were closed during the state of emergency period. There were many cases of torture, rape, and kidnapping, which were only partially reflected in the reports. As a result of the criminal announcements regarding these issues, the limited investigations in Turkey provided no positive results.

Similarly, the UN rapporteur expressed that 100 pregnant women or women with newborns were taken into custody, severely separated from their children on the grounds that they were “affiliates” with their husbands or older children suspected
of being linked to labeled organizations. As best said by the UN rapporteur, “This is not merely excessive, but entirely cruel!”

FACTS ABOUT TORTURE & DEATHS IN TURKEY

Gokhan Acikkollu, a 42-year old history teacher suffering from diabetes was dismissed from his job then detained & tortured for 13 days under police custody. The result was his death.

The torture allegations documented by the Ankara Bar Association against 6 ex-diplomats of the Turkish Foreign Ministry were detained at Police Headquarters in Ankara on May 26th are another prominent example of torture in Turkey.

According to the UN, there were 263 incidents of torture in the space of a single year and 2,278 victims faced maltreatment and torture. By the count of the State Department, there were 328 allegations of torture and at least 51 suspicious deaths in custody and prisons in the last 3 years.

We urge the Turkish authorities to investigate and end state-sanctioned torture in addition to bring the perpetrators to justice.
We urge all international bodies and human rights organizations to take the necessary steps to STOP TORTURE in TURKEY and bring all the perpetrators to justice.

DOC LINK

Source:
http://aktifhaber.com/m/iskence/mitin-18-eski-calisani-ankara-temde-iskence-goruyor-
h140867.html

#StopTortureInTurkey
Mention List
@adalet_bakanlik
@UNHumanRights
@StateDept
@HelsinkiComm

Advocates of Silenced Turkey
help@silencedturkey.org
1-540-209-1934
Silencedturkey.org
Twitter: @silencedturkey
Facebook: @silencedturkey

Dear Hon. Rep. Chris SMITH
Washington, DC Office
2373 Rayburn House Office Building
Washington, D.C. 20515
phone (202) 225-3765
fax (202) 225-7768

COMMISSION ON SECURITY AND COOPERATION IN EUROPE, U.S. HELSINKI
COMMISSION
234 FORD HOUSE OFFICE BUILDING
3RD AND D STREETS SW, WASHINGTON, DC 20515
TEL: 202-225-1901 | FAX: 202-226-4199 |
EMAIL: INFO@CSCE.GOV |
Twitter: @HelsinkiComm | Facebook: https://www.facebook.com/helsinkicommission/#

U.N. HUMAN RIGHTS COUNCIL
Twitter: @UN_HRC | https://www.facebook.com/UNHRC
Phone Number: +41 22 917 9656
E-mail: civilsociety@ohchr.org
U.S. DEPARTMENT OF STATE
Address: 2201 C St NW, Washington, DC 20520
Phone Number: (202) 647-4000
Twitter: @StateDept
https://register.state.gov/contactus/contactusform

AMNESTY INTERNATIONAL
Twitter: @amnestyusa | Facebook: https://www.facebook.com/amnestyusa

Report@aiusa.org
@amnesty
@aforgutu

UN HUMAN RIGHTS
U.N. High Commissioner for Human Rights
Office of the United Nations High
Commissioner for Human Rights
Palais des Nations
CH- 121 I Geneva 10. Switzerland
Email: InfoDesk@ohchr.org
REP. CHRIS SMITH -NJ (LANTOS COMMISSION)
Washington, DC Office
2373 Rayburn House Office Building
Washington, D.C. 20515
phone (202) 225-3765
fax (202) 225-7768
https://chrissmith.house.gov/contact/
REP. HASTINGS-FL (HELSINKI COMMITTEE)
Washington, D.C.
2353 Rayburn House Office Building
Washington, DC 20515
Tel: (202) 225-1313
Fax: (202) 225-1171
https://alceehastings.house.gov/contact/

Abdülhamit Gül
Minister of Justice
Ministry of Justice
06659 Kizilay
Ankara, Republic of Turkey
Email: info@adalet.gov.tr

 

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PRESS RELEASE: CALLING EVERY DISSIDENT ABROAD AS TERRORIST, ERDOGAN VOWS TO KILL “TERRORISTS”(!) BY JUSTIFYING THIS ATTEMPT WITH A REFERRAL TO THE OPERATION AGAINST BAGHDADI

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FOR IMMEDIATE PRESS RELEASE

CALLING EVERY DISSIDENT ABROAD AS TERRORIST, ERDOGAN VOWS TO KILL “TERRORISTS”(!) BY JUSTIFYING THIS ATTEMPT WITH A REFERRAL TO THE OPERATION AGAINST BAGHDADI

It has now been over three years since the failed coup attempt and the Turkish government has been targeting its dissident citizens abroad since then. Until very lately, the issue was a concern of countries where some kidnappings and abductions took place and where authorities acceded to Ankara’s demands for their extradition.

However, lately, The U.S. administration also came to face the unpleasant reality of such inhumane practices after the unlawful arrests and imprisonments of American citizens in Turkey. Moreover, while opponents of President Recep Tayyip Erdogan have been captured in Moldova, Ukraine, Kosovo, Malaysia, Gabon, and many other countries, last year Erdogan’s spokesperson Ibrahim Kalin hinted that Turkey would conduct such operations on the U.S. soil as well. Following all these intimidations in terms of human rights, this week we faced the most concrete and frightening threat voiced by the Turkish President. While giving a speech on recent happenings in Syria and Baghdadi’s death, Erdogan said Turkey’s actions would be justified in targeting individuals living in foreign countries if these individuals are viewed as terrorists by them and labeled as threats to national security. President Erdogan also added that he hoped he could deliver “good news” on this issue soon.

We emphasize our great concern about such targeting threats and urge the U.S. authorities to seek clarification from the Turkish administration over these threatening remarks. In this respect, a determined stance by the U.S. would play a deterring role for any reckless attempt by the Turkish government against Turkish dissidents living in the U.S.

FOR MORE INFORMATION

www.silencedturkey.org
info@silencedturkey.org

 

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SEND A LETTER: SENATORS and LAW ENFORCEMENT ABOUT THREATS AGAINST TURKISH CITIZENS

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DOC LINK

 

Re: Calling every dissident abroad as a terrorist, Erdogan vows to kill “terrorists”(!)  by justifying this attempt with a referral to the operation against Baghdadi

Dear (Mr. Senator) (Law Enforcement Officials),

It has now been over three years since the failed coup attempt and the Turkish government has been targeting its dissident citizens abroad since then. Until very lately, the issue was a concern of countries where some kidnappings and abductions took place and where authorities acceded to Ankara’s demands for their extradition.

However, lately, The U.S. administration also came to face the unpleasant reality of such inhumane practices after the unlawful arrests and imprisonments of American citizens in Turkey. Moreover, while opponents of President Recep Tayyip Erdogan have been captured in Moldova, Ukraine, Kosovo, Malaysia, Gabon, and many other countries, last year Erdogan’s spokesperson Ibrahim Kalin hinted that Turkey would conduct such operations on the U.S. soil as well. Following all these intimidations in terms of human rights, this week we faced the most concrete and frightening threat voiced by the Turkish President. While giving a speech on recent happenings in Syria and Baghdadi’s death, Erdogan said Turkey’s actions would be justified in targeting individuals living in foreign countries if these individuals are viewed as terrorists by them and labeled as threats to national security. President Erdogan also added that he hoped he could deliver “good news” on this issue soon. Attached you may find the links to detailed information about the issue.

I, as a critic of Erdogan and the Turkish government, write to you to emphasize our great concern about such targeting threats and urge the U.S. authorities to seek clarification from the Turkish administration over these threatening remarks. In this respect, a determined stance by the U.S. would play a deterring role for any reckless attempt by the Turkish government against Turkish dissidents living in the U.S. We would be glad to see you address this issue and attract attention to threats in your official capacity.

Best Regards,

 

https://youtu.be/HR3A6-tEVuk

https://ahvalnews-com.cdn.ampproject.org/c/s/ahvalnews.com/turkey-us/erdogan-hints-turkey-could-follow-us-lead-assassinate-enemies-abroad?amp

https://www.turkishminute.com/2019/10/30/erdogan-says-turkey-has-right-to-kill-people-abroad-who-threaten-national-security/

https://www.foreignaffairs.com/articles/turkey/2017-11-30/turkey-turning-mafia-state

https://www.express.co.uk/news/world/912938/Turkey-Erdogan-fascist-state-vigilante-military-coup-armed-civilians-HOH-latest-democracy

http://www.xinhuanet.com/english/2018-01/14/c_136893638.htm

 

CONTACT INFORMATION FOR NATIONAL & INTERNATIONAL ORGANIZATIONS ABOUT HUMAN RIGHT VIOLATIONS.

1) U.S. Homeland Security
Email: https://www.dhs.gov/online-forms-and-email / hrv.ice@dhs.gov
Phone: 202-282-8000
Twitter: @DHSgov
Website: https://www.dhs.gov/

2) The Federal Bureau of Investigation
Email: (need to submit form online)
Phone: 202-278-2000
Twitter: @FBI
Website: https://www.fbi.gov/

3) U.S. Department of State
Email: https://register.state.gov/contactus/contactusform
Phone: (202) 647-6575
Twitter: @StateDept
Website: https://www.state.gov/

4) U.S. Department of Justice
Email: https://www.justice.gov/doj/webform/your-message-department-justice
Phone: 202-353-1555
Twitter: @TheJusticeDept
Website: https://www.justice.gov/

5) United Nations Human Rights Council (UN HRC)
Email: civilsociety@ohchr.org
Phone: (+41) 22 917 9656
Twitter: @UN_HRC
Website: www.ohchr.org/hrc

6) European Court of Human Rights
Email: http://appform.echr.coe.int/echrrequest/request.aspx?lang=gb
Phone: (+33) 0 3 88 41 20 18
Fax: (+33) (0)3 88 41 27 30
Website: http://www.echr.coe.int/pages/home.aspx?p=basictexts

7) International Court of Justice
Email: information@icj-cij.org
Phone: (+31) 70 302 23 23
Fax: (+31) 70 364 99 28
Twitter: @CIJ_ICJ
Website: http://www.icj-cij.org/en

8) European Union
Email: (need to submit form online)
Phone: 80067891011
Twitter: @EU_Commission
Website: https://europa.eu/european-union/index_en

9) Interpol
Email: https://www.interpol.int/Forms/CPO
Fax: +33 4 72 44 71 63
Twitter: @INTERPOL_HQ ‏
Website: https://www.interpol.int/

10) The Federal Government of Germany
Email: (need to submit form online)
Website: https://www.bundesregierung.de/Webs/Breg/EN/Homepage/_node.html

11) Federal Office for Migration and Refugees
Email: (need to submit form online)

12) Federal Office for Migration and Refugees
Email: (need to submit form online)
Phone: (+49) 911 9430
Twitter: @BAMF_Dialog
Website: http://www.bamf.de/EN/Startseite/startseite-node.html

13) The Parliament of the Federal Republic of Germany
Email: https://www.bundestag.de/en/service/contactform
Phone: (+49) (0) 30 227-0
Fax: (+49)(0) 30 227-36878
Twitter: @INTERPOL_HQ ‏
Website: http://www.bundestag.de/en/

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