Ongoing arbitrary detention of Ms. Filiz Kalayci

Turkey

October 27, 2009

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

New information:

The Observatory has been informed by the Human Rights Association (İnsan Haklari Derneği - İHD) that Ms. Filiz Kalayci, a lawyer and İHD Executive Committee member who remains arbitrarily detained since May 28, 2009, was summoned to appear before the 11th District High Criminal Court of Ankara on November 9, 2009 at 10 am.

The Observatory recalls that Ms. Filiz Kalayci was arrested on May 28, 2009 on the basis of an allegation of “aiding illegal organisations" (See background information). Since then, she has remained detained in the women prison of Ankara.

The Observatory calls upon the Turkish authorities to release Ms. Filiz Kalayci, immediately and unconditionally as her detention seems to merely aim at sanctioning her human rights activities, and therefore contravenes the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998.

Besides the Observatory urges the Delegation of the European Commission in Ankara and embassies of European Union member States to attend the hearing due to take place before the 11th District High Criminal Court of Ankara on November 9, 2009 at 10 am, in accordance with the Guidelines of the European Union on Human Rights Defenders.

Background information:

On May 12, 2009, in Ankara, the offices and homes of Ms. Filiz Kalayci, Mr. Hasan Anlar, Mr. Halil İbrahim Vargün and Mr. Murat Vargün, lawyers linked to IHD and involved in the defence of the rights of prisoners, were raided by officers of the Anti-Terror Unit of the police, who were in possession of a search warrant and a detention order against them. They were immediately arrested, placed in police custody in the Anti-Terror Forces Unit detention centre, and released in the night of May 14, 2009. According to their lawyers, the Public Prosecutor brought Ms. Filiz Kalayci, Mr. Hasan Anlar, Mr. Halil Ibrahim Vargun and Mr. Murat Vargun before the 11th District High Criminal Court of Ankara and requested that they be remanded in detention. However, the court decided to release Ms. Filiz Kalayci, Mr. Hasan Anlar, Mr. Halil Ibrahim Vargun and Mr. Murat Vargun, but imposed a travel ban on them, on the basis of Article 109 of the Code of Criminal Procedure or CMK No. 5271 dated 2004, which is still in force except for Mr. Murat Vargun.

The Public Prosecutor appealed the decision, and issued a warrant of arrest against Ms. Filiz Kalayci on May 25, 2009.

On May 28, 2009, Ms. Filiz Kalayci was arrested on the basis of an allegation of “aiding illegal organisations".

These arrests intervened after the publication by İHD of a report on human rights violations in prisons of Turkey on February 6, 2009 and made it public to draw attention on these violations. İHD had shared this report with the authorities. In addition, Ms. Filiz Kalayci, Mr. Hasan Anlar, Mr. Halil İbrahim Vargün and Mr. Murat Vargün had been working on cases of human rights violations that occurred in detention, and as a consequence they often received letters of complaint from prison inmates.

Actions required:

Please write to the Turkish authorities, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Ms. Filiz Kalayci and of all human rights defenders in Turkey;
2. Release immediately and unconditionally Ms. Filiz Kalayci since her detention is arbitrary as it seems to merely sanction her human rights activities;
3. Put an end to all acts harassment, including at the judicial level, against Ms. Filiz Kalayci, ÍHD members in general as well as against all human rights defenders in Turkey;
4. Comply with the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
5. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

Addresses:

• President of Turkey, Mr. Abdullah Gül, Cumhurbaskanligi 06100 Ankara, Turkey; Fax: +90 312 468 5026; Email: cumhurbaskanligi@tccb.gov.tr
• Prime Minister, Mr. Recep Tayyip Erdogan, Office of the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476; Email: receptayyip.erdogan@basbakanlik.gov.tr
• Deputy Prime Minister and State Minister for Human Rights, Mr. Cemil Çiçek Fax: 00 90 312 417 42 06
• Interior Minister, Mr. Beşir Atalay, Ministry of Interior, Içisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696, Email: besir.atalay@icisleri.gov.tr
• Justice Minister, Mr. Sadullah Ergin, Ministry of Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26
• Foreign Minister Mr. Ahmed Davudoglu , Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11
• Ambassador, Mr. Ahmet Üzümcü, Permanent Mission of Turkey to the United Nations in Geneva, Ch. du Petit-Saconnex 28b - CP 271, CH-1211, Geneva 19, Switzerland, E-mail : mission.turkey@ties.itu.int, Fax: +41 22 734 08 59
• Diplomatic Mission of Turkey to the European Union in Brussels, avenue Louis Lepoutre, 99, 1050 Bruxelles, Belgium, Fax: + 32 2 340 98 79.

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

Paris-Geneva, October 27, 2009

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• Email : Appeals@fidh-omct.org
• Tel et fax FIDH : + 33 1 43 55 25 18 / 33 1 43 55 18 80
• Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29