Arrest and arbitrary detention of Dr. Serdar Küni and the release of Mr. Ismail Akbulut

URGENT APPEAL - THE OBSERVATORY

TUR 004 / 1116 / OBS 092

Judicial harassment /

Arbitrary detention /

Release

Turkey

November 4, 2016

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Turkey.

Descriptionof the situation:

TheObservatory has been informed by reliable sources about the arrest andarbitrary detention of Dr. Serdar Küni, Cizre Representative of theHuman Rights Foundation of Turkey (TİHV) and former President of the ŞırnakChamber of Medicine and the release of Mr. Ismail Akbulut, President ofHakkâri Branch of Human Rights Association (İHD).

Accordingto the information received, on October 19, 2016, Dr. Serdar Küni appearedbefore the Cizre Prosecutor to testify, pursuant to an arrest warrantpreviously issued against him. He was arrested on the spot. His arrest isapparently linked with his work as a physician, providing health service inCizre which witnessed intensified armed conflict [1]. Heis currently being held in the prison of Şırnak within the framework of aninvestigation on accusations of “providing treatment to alleged militants”,under Article 314/2 of Penal Code of Turkey.

OnOctober 18, 2016, Ismail Akbulut was brought to the HakkariSecurity Directorate for questioning, before beingreleased on October 29. He would not have been charged as of issuing thisurgent appeal, and the official grounds for his arrest and detention have notbeen provided.

The Observatorystrongly condemns the ongoing arbitrary detention of Dr. Serdar Küni as well as the arrest of Mr. Akbulut,as they seem to only aim at sanctioning his legitimate human rights activities.

Accordingly, theObservatory calls upon the Turkish judicial authorities to immediately andunconditionally release Dr.Serdar Küni, and to more generally comply in all circumstances withinternational law standards.

Actionsrequested:

Pleasewrite to the authorities in Turkey, urging them to:

i.Guarantee in all circumstances the physical and psychological integrity of Dr. Serdar Küni and Mr. Ismail Akbulut as well asof all human rights defenders in Turkey;

ii.Release Dr. Serdar Küni immediatelyand unconditionally, as his detention is arbitrary since it only aims atsanctioning his legitimate human rights activities;

iii. Putan end to all forms of harassment, including at judicial level, against them, as well as all human rights defenders in Turkey;

iv.Comply with all the provisions of the United Nations Declaration on Human RightsDefenders, in particular with:

- itsArticle 1, which provides that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealization of human rights and fundamental freedoms at the national andinternational levels”;

- itsArticle 6(a), which foresees that “everyone has the right, individually and inassociation with others, to participate in peaceful activities againstviolations of human rights and fundamental freedoms”;

- itsArticle 9, which provides that “in the exercise of human rights and fundamentalfreedoms, including the promotion and protection of human rights as referred toin the present Declaration, […] everyone has the right, individually and inassociation with others, inter alia: […] (c) to offer and provideprofessionally qualified legal assistance or other relevant advice andassistance in defending human rights and fundamental freedoms”.

- itsArticle 11, which provides that “everyone has the right, individually and inassociation with others, to the lawful exercise of his or her occupation orprofession”.

- itsArticle 12.2, which provides that “the State shall take all necessary measuresto ensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any other arbitrary actionas a consequence of his or her legitimate exercise of the rights referred to inthe present Declaration”;

v. Ensurein all circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Turkey.

Addresses:

· President of Turkey, Recep Mr. Tayyip Erdoğan,Cumhurbaşkanlığı Külliyesi 06560 Beştepe-Ankara, Phone: (+90 312) 525 55 55,Fax: (+90 312) 525 58 31, E-mail: contact@tccb.gov.tr

· Prime Minister of Turkey, Mr. BinaliYıldırım, Vekaletler Caddesi Başbakanlık, Kızılay/Ankara Phone: +90 (312) 42210 00; Fax +90 (312) 403 62 82 Email: ozelkalem@basbakanlik.gov.tr

· Minister of Foreign Affairs, Mr. MevlütÇavuşoğlu, Dr. Sadık Ahmet Cad, No: 8 Balgat/ Ankara - Turkey 06100; Phone :+90 (312) 292 10 00

· Minister of Justice, Mr. Bekir Bozdağ,06659 Kizilay, Ankara; Phone: +90 (312) 417 77 70; Fax: +90 (0312) 419 33 70;E-mail: info@adalet.gov.tr

· Minister of Interior, Mr. Süleyman Soylu,Bakanlıklar Ankara; Phone: +90 (312) 422 40 00; Fax: 90 312 418 1795; Email:ozelkalem@icisleri.gov.tr

· Minister of Health, Mr. Recep Akdağ,Mithatpaşa Cad. Sıhhıye / Ankara 06434-Turkey; Phone: +90 (312) 585 10 00; eposta@saglik.gov.tr

·

· Ambassador Izzet Selim Yenel, DiplomaticMission of Turkey to the European Union in Brussels, Avenue des Arts 36-38,1000 Bruxelles, Belgium; Fax: + 32 2 511 04 50

· Ambassador Mehmet Ferden Çarikçi,Permanent Mission of Turkey to the United Nations in Geneva, Chemin duPetit-Saconnex 28B 1211 Geneva 19, Tel: +41 22 918 50 80; Fax: +41 22 734 0859; Email: mission.turkey@ties.itu.int

Please also write to the diplomatic mission or embassy of Turkey in yourrespective country.

***

Paris-Geneva, November 4, 2016

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

TheObservatory, an FIDH and OMCT venture, is dedicated to the protection of humanrights defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 /+33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / +41 22 809 49 29

[1] Cizre has witnessed unprecedented destructionfollowing clashes which took place during a curfew lasting over 78 days, at thebeginning of 2016. In a statement, UN High Commissioner for Human Rights ZeidRa’ad Al Hussein urged in particular “the Turkish authorities to respect thefundamental rights of civilians in its security operations and to promptlyinvestigate the alleged shooting of a group of unarmed people”. See: Turkey: Zeidconcerned by actions of security forces and clampdown on media, February 1,2016, available at:

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17002&LangID=E ​