Kurdish activist Mustafa Tuzak, who lives with refugee status in Germany, was arrested citing Article 129b of the German Penal Code. Following the court's decision on December 16, 2020. Known for his investigations into Kurdish and German activists, Mustafa Tuzak, who was arrested as a result of the investigation opened by the Munich prosecutor's office, was allegedly responsible for the "PKK region Ulm" between June 2019 and May 2020, and for the "Munich / South Bavaria region" since June 2020.

His participation in the demonstrations was deemed 'a crime'

Basing its allegations on the technical follow-up by the police units of the states of Bavaria and Baden-Württemberg, the prosecution also drew attention to the fact that it considered participating in demonstrations held in many cities including Dortmund and Duisburg as a “crime” to protest the attacks of the Turkish army against Kurdish regions. In the indictment prepared for Mustafa Tuzak, his support for the solidarity action against the conviction of TKP / ML activists in Munich last July and his visit to Kurdish prisoners in Stammheim Prison were also among the accusations against him. The prosecution continued to find the following charges against him in April: he sent his condolences to an activist on the occasion of his condolences, paid a condolence visit to another Kurd for his family's accident, and had a meeting with another Kurd about real estate.

Another remarkable detail in the decision of the arrest judge of the Munich High State Court for the arrest of Mustafa was the statements regarding the possibility of his escape. The court, which bypassed that Tuzak fled to Germany due to the pressures of the Turkish state and lived with refugee status, claimed that he would protect himself from the criminal case by going to his hometown of Muş.

HUNGER STRIKE RESISTANCE

Mustafa was one of the protesters of the hunger strike led by DTK Co-Chair Leyla Güven, which lasted from late 2018 to May 2019, demanding the end of the Turkish state's aggravated isolation imposed on Kurdish People's Leader Abdullah Öcalan in Imrali. Tuzak, who continued his hunger strike with 4 Kurdish activists for 134 days in Berlin, Germany, ended his hunger strike on May 26, 2019, after he made a call through his lawyers. A cyst was found in Tuzak's liver, which fell to 44 kilograms due to his hunger strike action, and he was treated in the hospital for a while.

In addition, Mustafa, who participated in the march in Duisburg on January 13, 2019 wearing an apron with a photograph of Kurdish People's Leader Abdullah Öcalan, was subjected to police violence and was taken into custody that day. Then, Tuzak filed a lawsuit against the police. At the hearing of the case that took place in the city of Cologne last September, Tuzak won the case.

In his own words on the 100th day of the 2019 hunger strike: “I am on the 100th day of my action. Believe me, I'm so happy that I feel like I started today. From Leyla Güven to Strasbourg, from the prisons to the four-part of Kurdistan the resistance has spread to the whole world. We get strength from each other.” 

Tuzak added: “The issue I suffered most is the repression carried out by the fascist police. When they touch my people there, I feel the pain here. I will resist against this hatred till the end of my days. 

I've lived a lot of things in these 100 days. I went to Paris to join the march for the anniversary of Sakine Cansız murder. I joined marches and meeting, I witnesses the crowd at Newroz.”

Tuzak continued: “I believe that our president will be free, as free will be the prisoners and our people and everyone will be able to live freely. For this we will pay any price required, we are ready.

I believe that Afrin will be liberated , we gave 11 thousand martyrs.

These bodies are fading away, but Kurdistan will be free. The whole world will see that 40 million Kurdish people will be saved and the Kurdish people will be winning. 

Everyone should know that.

Be Serok Jiyan Nabe.”

129B PRESSURE ON KURDS IN GERMANY

According to the information provided by the Azadi Association, which carries out solidarity activities with Kurdish political prisoners in Germany, the number of prisoners or convicts for political reasons has increased to 11 with Mustafa. In addition to these arrests pursuant to Article 129b of the German penal code, lawsuits against 45 activists are currently ongoing.

After the attacks on September 11, 2001, the "anti-terror law" and called "129b" was enacted to facilitate the arrest and trial of al-Qaeda members in Germany. However, the law was expressed as "snatching foreign terrorist organizations" and over time it was put into action against other left / socialist movements, especially the Kurdistan Freedom Struggle, Turkish, Palestinian and Tamil revolutionaries.

In 2010, after the PKK was included in the scope of "129b" upon the instructions of the Ministry of Justice, the investigations against the Kurds were opened one after the other without any evidence. Afterwards, nearly twenty Kurdish politicians and activists, whose asylum application was accepted by Germany, were treated as "terrorists" and sentenced to prison sentences.