TUR 002 / 0218 / OBS 016

Arbitrary arrest /

Arbitrary detention /

Judicial harassment

Turkey

February 1,2018

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT), requests your urgent intervention in the following situation inTurkey.

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the arbitrary arrestand judicial harassment of six members of IHD (İnsan Haklari Derneği – Human Rights Association) including ExecutiveBoard Member Ms. Nuray Çevirmen, IHD member Mr. Ali Dağdelen, Kars Branch President Mr. AhmetAdigüzel, Former President of IHD Çanakkale Branch and current ExecutiveBoard Member Mr. Hayrettin Pişkin, Malatya Branch Executive Member Mr. MehmetTuncel, and MalatyaSubstitute Branch Executive Mr. AbuzerYavas as well as of the ongoing detention of the last four.

According tothe information received, since January 22, 2018, a number of IHD members werearrested and detained in reaction to postings on social media denouncingTurkey’s military incursion in Afrin, northern Syria against the Syrian KurdishPeople’s Protection Units (YPG) militia[1].

On theevening of January 22, 2018, Ms. Nuray Çevirmen was detained at the anti-terrorunit of Ankara Security Department and released on January 25, 2018. She isbeing investigated on charges of “making propaganda of a terroristorganisation” and “instigating people to grudge and hostility”.

On the sameday, Mr. Ahmet Adigüzel was detained at the anti-terror unit of ArdahanSecurity Department (north-eastern Turkey) before being formally placed indetention on January 24, 2018, in Ardahan T-Type Closed Prison on charges of“making propaganda of a terrorist organisation”.

In addition,on January 24, 2018, Mr. Hayrettin Piskin was arrested in Çanakkale(north-western Turkey) and taken into custody in Çanakkale E-Type Prisonpending trial on charges of “making propaganda of a terrorist organisation”.

Charges of“making propaganda of a terrorist organisation” are based on Article 220/8 ofthe Turkish Penal Code, which carries up to three years in prison or four and ahalf years, should the alleged crime be committed through the press orbroadcasting.

Furthermore,on January 24, 2018, Messrs. Mehmet Tuncer, Ali Dağdelen and Abuzer Yavas were arrested and takeninto custody, in Malatya (eastern Turkey). The three human rights defenderswere initially detained over social media posts. However, as it was laterrevealed that Mr. Mehmet Tuncel has no social media account, police forceschanged the accusation against Messrs. Mehmet Tuncer and Abuzer Yavas to “attending a funeralof an armed militant” which would date back to 2001.

Mr. AliDağdelen who remains under investigation on charges of “making propaganda of aterrorist organisation” was released on January 26, 2018, while Messrs. MehmetTuncer and Abuzer Yavas weretransferred to E Type Prison in Malatya.

TheObservatory recalls that the series of arrests ordered against IHD activistsbegan earlier in August, 2017, when Ms. GülserenYoleri, President of the IHDIstanbul Branch and IHD Executive Committee member, and Mr. Dogan Ozkan, member of IHD Istanbulexecutive board were arrested during another demonstration in support of Ms.Nuriye Gülmen and Mr. Semih Özakça, two teacherswho have been victims of the wave of dismissals of civil servants whichfollowed the 2016 failed coup in Turkey.[2]. Both werevictims of ill-treatment during their arrest and three days detention.

In November2017, Mr. Ozturk Turkdogan,President of the national branch of the Human Rights Association, Ms. Sevim Salihoglu and Ms. Derya Uysal, two IHD ExecutiveCommittee members, as well as Ms. BesraVarli, IHD member, were arrested as they were demonstrating in support of Ms. Nuriye Gülmen and Mr. Semih Özakça in front ofthe Human Rights Statute in Yüksel Avenue, Ankara, and placed in custody beforebeing released on the same day[3].

The Observatory strongly condemns this new wave of arbitrary arreststargeting human rights defenders, and in particular IHD members, in theexercise of their legitimate and peaceful human rights activities as well asthe recurrent obstacles to freedoms of association and peaceful assembly inTurkey.

Accordingly,the Observatory calls upon the Turkish judicial authorities to immediately andunconditionally release Messrs. Ahmet Adigüzel, Hayrettin Pişkin, Mehmet Tuncel and Abuzer Yavas and to put an end to all forms of harassment against them, Ms. NurayÇevirmen and Mr. Ali Dağdelen aswell as against all IHD members.

Actionsrequested:

Please write to theauthorities in Turkey, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. Nuray Çevirmen, Messrs.Ahmet Adigüzel, Hayrettin Pişkin, MehmetTuncel, Ali Dağdelen and Abuzer Yavas as well as of all human rights defenders in Turkey;

ii. Immediately and unconditionally release Messrs. Ahmet Adigüzel, HayrettinPişkin, Mehmet Tuncel and Abuzer Yavas as well as all detainedhuman rights defenders in Turkey;

iii. Put an end to all forms ofharassment, against Ms. Nuray Çevirmen, Messrs. Ahmet Adigüzel, HayrettinPişkin, Mehmet Tuncel, Ali Dağdelen and Abuzer Yavas, as well as all IHD members and human rights defenders in Turkey;

iv. Comply with all theprovisions of the United Nations Declaration on Human Rights Defenders adoptedby the UN General Assembly on December 9, 1998, in particular its Articles 1,6(a), 9, 11 and 12.2;

v. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Turkey.

Addresses:

· President ofTurkey, Recep Tayyip Erdoğan, Fax: (+90 312) 525 58 31

· PrimeMinister of Turkey Binali Yıldırım. Email: ozelkalem@basbakanlik.gov.tr

· Minister ofJustice, Mr. Bekir Bozdağ. E-mail: ozelkalem@adalet.gov.tr

· Minister ofInterior, Mr. Süleyman Soylu. Fax: +90 (312) 425 61 30

· AmbassadorIzzet Selim Yenel, Diplomatic Mission of Turkey to the European Union inBrussels, Belgium. Fax: + 32 2 511 04 50

· AmbassadorMr. Ali Naci Koru, Permanent Mission of Turkey to the United Nations inGeneva, Switzerland. Email: mission.turkey@ties.itu.int

Please also write to the diplomatic mission or embassy ofTurkey in your respective country.

***

Paris-Geneva, February 1, 2018

Kindly inform us of any action undertaken quoting the codeof this appeal in your reply.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and OMCT. The objective of this programme is tointervene to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29

[1] The military offensive beganon January 20, 2018 and is directed at the Kurdish Autonomous Administration’smilitary wing, the People’s Protection Units (YPG). Turkish authorities havecited YPG’s links to the armed Kurdistan Workers’ Party (PKK) as the groundsfor this military offensive.

[2] See the Observatory Urgent Appeal TUR 006 / 0817 / OBS 086 published on August 9,2017.

[3] See the Observatory Urgent Appeal TUR 007 / 1117 / OBS111 published on November 9, 2017.