INCAL JUDGMENT OF 9 JUNE 1998 5 as a form of defence against this devastation has encouraged the State to commit further kinds of destruction. In conclusion: The ‘Driving-the-Kurds-Out policy’ forms part of the SPECIAL WAR being conducted in the country at present against the Kurdish people. It is one of the mechanisms of that war, the way it impinges on the cities. Because the methods used are the same, namely enslavement, violence, terror and oppression through compulsion. It is a psychological war. While, in the country, they are trying to oppress and silence the people through counter-insurgency tactics, special patrols, village guards, the SS1 decree and every [other] form of State terror, in İzmir they want to achieve the same aim by depriving our fellow citizens of their means of subsistence and in the end by knocking their houses down about their ears. The methods used, although different in form, are in the final analysis mechanisms serving the purposes of the special war. It is the urban form of the special war. TO ALL DEMOCRATIC PATRIOTS! The way to nullify these insults to the cities is to set up NEIGHBOURHOOD COMMITTEES BASED ON THE PEOPLE’S OWN STRENGTH. We call on all Kurdish and Turkish democratic patriots to assume their responsibilities and oppose this special war being waged against the proletarian people. LONG LIVE THE BROTHERHOOD OF NATIONS! STOP THE SPECIAL WAR BEING SPREAD INTO THE CITIES!” 11. By a letter of 2 July 1992, accompanied by a copy of the leaflet in question, the president of the HEP informed the İzmir prefecture of the executive committee’s decision (see paragraph 10 above) and asked for permission to implement it. 12. The İzmir security police, to whom this request had been referred, considered that the leaflet contained separatist propaganda capable of inciting the people to resist the government and commit criminal offences. On 3 July 1992 they asked the Principal Public Prosecutor attached to the İzmir National Security Court (“the public prosecutor”, “the National Security Court”) to state his opinion as to whether the contents of the leaflet contravened the law. 13. On the same day, at the request of the public prosecutor’s office, a substitute judge of the National Security Court issued an injunction ordering the seizure of the leaflets and prohibiting their distribution. The police searched the HEP’s premises in İzmir, first at the headquarters, where the party leaders handed over, without demur, nine 1. Initials of the words “sansür” (censorship) and “sürgün” (banishment); an allusion to the terms used by the media when referring to the legislative decrees declaring a state of emergency in certain regions of Turkey.