Continuing judicial harassment of 13 prominent human rights lawyers - in flagrant misuse of anti-terrorist legislation

Arbitrary detention /

Travel bans /

Judicial harassment

Turkey

March 20, 2020

The Observatory for theProtection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour intervention in the following situation in Turkey.

Newinformation:

The Observatory has been informed by reliablesources about the continuing judicial harassment of 13 prominent human rightslawyers from Diyarbakır, Urfa and Şırnak, namely Messrs. MesutBeştaş, Özkan Avcı, Zeynep Işık, Bahar Oktay and OsmanÇelik from the Diyarbakır Bar Association, Messrs. Hidayet Enmek, EmrahBaran, Hüseyin İzol, Metin Özbadem, Cemo Tüysüz and Şeyhmusİnal from the Şanlıurfa Bar Association, and Mr. Gürgün Kadirhanfrom the Şırnak Bar Association, as well as the arbitrary detention of SevdaÖzbingöl Çelik from the Şanlıurfa Bar Association.

According to the information received, onMarch 17, 2020, upon request from the Urfa Prosecutor’s Office, the peacejudgeship issued a travel ban for Messrs. Özkan Avcı, Zeynep Işık, Bahar Oktay,Osman Çelik, Hidayet Enmek, Emrah Baran, Hüseyin İzol, Metin Özbadem, CemoTüysüz, Şeyhmus İnal and Gürgün Kadirhan. The 11 defenders were all released asa consequence of this decision. In parallel, the peace judgeship ordered thepre-trial detention of Ms. Sevda Özbingöl Çelik, based on “her representationof individuals charged with membership to a terrorist organisation” as a lawyerand “her visits to the prison”. An anonymous witness, whose identity is keptsecret, alleged that she was among the lawyers who supported the communicationbetween the detainees. For his part, Mr. Mesut Beştaş hasn't been taken intocustody although there was an initial arrest order concerning him.

The Observatory firmly condemns the judicialharassment of Messrs. Mesut Beştaş, Özkan Avcı, Zeynep Işık, Bahar Oktay, OsmanÇelik, Hidayet Enmek, Emrah Baran, Hüseyin İzol, Metin Özbadem, Cemo Tüysüz,Şeyhmus İnal, and Gürgün Kadirhan, and the arbitrary detention of Mr. SevdaÖzbingöl Çelik, which appear to be only aimed at sanctioning their legitimatehuman rights activities as human rights lawyers. The Observatory calls on theTurkish authorities to put an end to any act of harassment, including at thejudicial level, against them as well as against all human rights defenders inTurkey.

Background information:

Early in the morning of March 12, 2020, thehouses and offices of Messrs. ÖzkanAvcı, Zeynep Işık, Bahar Oktay, Osman Çelik, Hidayet Enmek, Sevda ÖzbingölÇelik, Emrah Baran, Hüseyin İzol, Metin Özbadem, Cemo Tüysüz, Şeyhmus İnal andGürgün Kadirhan were raided and they were all taken into police custody, withinthe scope of an investigation conducted by the Prosecutor's Office in Urfa.Although, initially, there was an arrest order concerning Mr. Mesut Beştaş, hewas not taken into custody. On the same day, police officers went to his officeto ask for him but left after realising he was not there. No further measureswere taken by the police to take him into custody so far. The thirteen lawyers arebeing accused with "assisting a terrorist organisation" (Article220/7 of the Turkish Criminal Code) through enabling communication betweendetainees in prison. All lawyers' computers and some case files in two lawyers'offices were seized. All lawyers, except for Mesut Beştaş, were kept at UrfaPolice Directorate until the Prosecutor’s Office in Urfa referred the case to apeace judgeship while requesting the arrest of Ms. Sevda Özbingöl Çelik.

Actions requested:

Please write to the authorities of Turkeyasking them to:

i.Guarantee in all circumstances the physicalintegrity and psychological well-being of Ms. SevdaÖzbingöl Çelik, as well as of all humanrights defenders in Turkey;

ii.Release immediately and unconditionally Mr. Sevda Özbingöl Çelik and all human rightsdefenders arbitrarily detained in Turkey, since theirdetention is arbitrary as it seems to be merely aimed at sanctioning theirhuman rights activities;

iii.Put an end to all forms of harassment, including at the judicial level, againstMessrs. Mesut Beştaş, ÖzkanAvcı, Zeynep Işık, Bahar Oktay, Osman Çelik, Hidayet Enmek, Sevda ÖzbingölÇelik, Emrah Baran, Hüseyin İzol, Metin Özbadem, Cemo Tüysüz, Şeyhmus İnal and Gürgün Kadirhan and all human rights defenders in Turkey, and ensure that they are able to carry out theiractivities without hindrance or fear of reprisals;

iv.Ensure the health and safety of Ms. Sevda Özbingöl Çelik, and allother detained human rights defenders, against the increasing threat ofCovid-19, and consider all appropriate measures to protect their health andsafety including their immediate release;

v.Comply with all the provisions of the United Nations Declaration on HumanRights Defenders adopted by the UN General Assembly on December 9, 1998, inparticular its Articles 1 and 12;

vi.Ensure in all circumstances respect for human rights and fundamental freedomsin accordance with international human rights standards and internationalinstruments ratified by Turkey.

Addresses:

· President of the Republic of Turkey, Recep TayyipErdoğan, Fax: +90 (312) 525 58 31. Email: contact@tccb.gov.tr

· Minister of Justice, Mr. AbdülhamitGül. Email: info@adalet.gov.tr. Fax: +90 (0312) 419 33 70

· Minister of Interior, Mr. SüleymanSoylu. Email: diab@icisleri.gov.tr; sti@icisleri.gov.tr

· Ambassador Mehmet Kemal Bozay, Diplomatic Mission ofTurkey to the European Union in Brussels, Belgium. Fax: + 32 2 511 04 50. Email: info@turkdeleg.org; tr-delegation.eu@mfa.gov.tr

· Ambassador Mr. Sadık Arslan,Permanent Mission of Turkey to the United Nations in Geneva, Switzerland.Email: turkey.unog@mfa.gov.tr

Please also write to the diplomaticmissions or embassies of Turkey in your respective country.

***

Paris-Geneva, March 20, 2020

Kindly inform us of any actionundertaken quoting the code of this appeal in your reply.

The Observatory for the Protectionof Human Rights Defenders (the Observatory) was created in 1997 by FIDH and theWorld Organisation Against Torture (OMCT). The objective of this programme isto intervene to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, callthe 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