TUR 004 / 1116 / OBS 092.2

Judicial harassment

Turkey

March 18, 2020

The Observatory for theProtection of Human Rights Defenders, a partnership of the World OrganisationAgainst Torture (OMCT) and FIDH, has received new information and requests yourintervention in the following situation in Turkey.

Newinformation:

The Observatory has been informed by reliable sourcesabout the ongoing judicial harassment against Dr. Serdar Küni, aphysician and Cizre Representative of the Human RightsFoundation of Turkey (TİHV) and President of the Şırnak Medical Chamber.

Accordingto the information received, on April 1, 2020, the final hearing in the caseagainst Dr. Serdar Küni, which waslaunched more than three and a half years ago, is finally scheduled to takeplace before the Sırnak Heavy Penal Tribunal.

The Observatory recalls that on April 24, 2017, Dr. Serdar Küni was sentenced to four years and two months imprisonment under Article 220/7 which states that “a person who knowingly andwillingly assists the organization but is not within the hierarchical structureof the organization is punished as a member of the organization”. His sentence wasrelated to his work as a physician, providing health service in Cizre in a very challenging environment affected byarmed clashes related to the Kurdish issue. Dr.Serdar Küni, who had been detained since October 19, 2016, was subsequently released, pending the final decision of the Gaziantep RegionalHigh Court.

On October 4, 2017, the Gaziantep Regional High Court reversed the judgement by the localcourt and the proceedings were re-launched on April 25, 2018 in Sırnak. Itbecame clear to the observers that the charges are not backed up by anyevidence and the witness testimonies were taken under torture as stated by thewitnesses themselves. Despite this, on the most recent sixth hearing ofthe case, on February 19, 2020, the Prosecutor came up with a new accusationlinking Dr. Küni to “terror” crimes and demanding his sentencing toimprisonment from seven and a half to 15 years under Article 314/2 of theTurkish Penal Code and Article 3 of the Anti-Terror Law.

The Observatory firmly condemns the ongoing judicialharassment of Dr. Serdar Küni, which appears to be only aimed at punishing himfor the exercise of his legitimate and peaceful human rights activities.

The Observatory calls on the Turkishauthorities to immediately and unconditionally put an end to any act ofharassment, including at the judicial level, against Dr. Serdar Küni.

Actions requested:

Please write to theauthorities of Turkey asking them to:

i. Guarantee in all circumstances the physicalintegrity and psychological well-being of Dr. Serdar Küni and of all human rights defendersin Turkey;

ii. Put an end to allforms of harassment, including at the judicial level, against Dr. Serdar Küni and all humanrights defenders in Turkey, and ensure in all circumstances that they are able to carry out theiractivities without hindrance and fear of reprisals;

iii. Refrain from thepractice of abusing anti-terrorism legislation for silencing dissent and crackdownon human rights activities;

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 1and 12.2;

v. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordance withinternational human rights standards and international instruments ratified byTurkey.

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.

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Geneva-Paris, March 18, 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 the WorldOrganisation Against Torture (OMCT) and FIDH. The objective of this programmeis to intervene to prevent or remedy situations of repression against humanrights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call theemergency line:

· E-mail: Appeals@fidh-omct.org

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

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