after release, judicial harassment against Ms. Ersanli and Mr. Zarakolu continues

Newinformation

TUR003 / 1111 / OBS 121.2

Release /

Judicial harassment

Turkey

July 16, 2012

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), has received newinformation and requests your urgent intervention in the following situation inTurkey.

New information:

The Observatory has been informed by reliable sourcesabout the release on bail of Ms. Büşra Ersanlı, a lecturer at the MarmaraUniversity (Istanbul) Faculty of Political Sciences and International Relationswho has been advocating with NGOs for the political rights of women.

According to theinformation received, on July 13, 2012, on the occasion of the eighth hearingof the trial opened on July 2, 2012, the İstanbulHeavy Penal Court No. 15 ordered the release on bail of Ms. Büşra Ersanlı,together with 15 other suspects.

The Observatory recallsthat Ms. Ersanlı had been arrested in Istanbul on October 28, 2011, togetherwith Mr. Ragıp Zarakolu, HonoraryBoard Member and Founder of the Human Rights Association (İnsan Haklari Derneği - İHD), Director of the Belge PublishingHouse and Chairman of the Committee for Freedom of Publication in the Union ofPublishers as part of a vast anti-terrorist operation intended to dismantle part of an alleged terrorist network - the Kurdish CommunitiesUnion (KCK) - that in fact targeted more than 193 peaceful activists for their opinion on the Kurdish issue (See backgroundinformation), and who are not related to any terroristactivities.On April 10, 2012, the İstanbul Heavy Penal Court No.15 ordered the release on bail of Mr. Ragıp Zarakolu.

The Observatory welcomesthe release of Ms. Büşra Ersanlı and thanks all the persons, institutions andorganisations who intervened in her favour. However, it denounces the ongoingjudicial harassment against Ms. Ersanlı and Mr. Zarakolu. Ms. Ersanlı indeedstill faces up to 22 and a half years of prison on charges of “belonging to acriminal organisation” under Article 314 of the Turkish Penal Code (TPC), andMr. Zarakolu faces up to 15 years of prison on charges of “knowingly andwillingly helping an organised criminal group” under Article 220/7 of the TPC.The court set October 1, 2012 for the next hearing of the case.

The Observatory callsupon the Turkish authorities to put an end to the continuing harassment againstthem,which seems to only aim at sanctioning their human rights activities.

The Observatory further recalls that several İHDmembers remain today in pre-trial detention, notably Mr. Muharrem Erbey,İHD General Vice Chairperson and Chairperson of its Diyarbakir Province branchwho has been detained since December 2009, Mr. Arslan Özdemir, İHDmember in Diyarbakır, Mr. Osman Işçi, İHD member in Ankara, as well aslawyers, trade unionists, journalists and members of associations of familiesof victims of abusive anti-terrorism policies. Dozens of other human rightsdefenders also remain in provisional release pending the outcome of criminaltrials on terrorism charges.

Backgroundinformation:

On October 28, 2011, Mr.Ragıp Zarakolu and Ms. Büşra Ersanlıwere both arrested in Istanbul. These arrests were part of a vast operationthat targeted several hundred peaceful activists, mostly Kurdish politicalactivists and particularly members of the Peace and Democracy Party (BDP).

On November 1, 2011, thetwo were officially charged with “being a member of an illegal organisation”,namely the KCK - an organisation said to be the “urban branch” of the armedKurdistan Workers Party (PKK) - under Article 314 of the TPC by İstanbul HeavyPenal Court No. 14, together with 191 other peaceful activists.

Actions requested:

i. Guaranteein all circumstances the physical and psychological integrity of Ms. Büşra Ersanlı andMr. Ragıp Zarakolu and, as well as Messrs.Muharrem Erbey, Arslan Özdemir and Osman Işçi as well as all human rights defenders in Turkey;

ii. ReleaseMessrs. Muharrem Erbey, Mr. Arslan Özdemir and Osman Işçi as well as all otherhuman rights defenders, immediately and unconditionally since their detention is arbitrary as itonly aim at sanctioning their human rights activities;

iii. Putan end to all acts harassment, including at the judicial level, against Ms. Büşra Ersanlı andMr. Ragıp Zarakolu, as well as Messrs. Muharrem Erbey,Arslan Özdemir and Osman Işçi, and as well as all human rights defenders inTurkey;

iv. Complywith the provisions of the United Nations Declaration on Human RightsDefenders, especially its Article 1, which states that “everyone has the right,individually and in association with others, to promote and to strive for theprotection and realisation of human rights and fundamental freedoms at thenational and international levels”, as well as Article 12.2, which providesthat “the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association withothers, against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration” ;

v. Moregenerally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with international and regional human rightsinstruments ratified by Turkey.