Ongoing judicial harassment faced by 47 lawyers, one journalist, one legal secretary and two drivers / 16 of them still in provisional detention!

TUR 002 / 0613 / OBS 059

Judicial harassment /Arbitrary detentions /

Releases

Turkey

June 28, 2013

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

New information:

The Observatory has beeninformed by reliable sources of the ongoing judicial harassment faced by 47lawyers, one journalist, one legal secretary and two drivers[1],and the continued provisional detention of 15 lawyers, Messrs. Mehdi ÖZTÜZÜN,Faik Özgür EROL, Muharem ŞAHİN, Fuat COŞACAK, İbrahimBİLMEZ, Emran EMEKÇİ, Cengiz ÇİÇEK, Doğan ERBAŞ, HaticeKORKUT, Ömer GÜNEŞ, Mehmet Sani KIZILKAYA, MehmetBAYRAKTAR, Bedri KURAN and Sabahattin KAYA, and Ms. AsyaÜLKER, and journalist CengizKAPMAZ under terrorism charges.

Almost all lawyers had been involved in the legal representation of theleader of the Kurdistan Workers Party (PKK), Abdullah Öcalan, and are accused of “passing orders”. Some were alsoengaged, as defence lawyers, in the Kurdish Communities Union (KCK)[2]main trial held before Diyarbakır Heavy Penal Court No. 6 and had taken astance against the ban to use the Kurdish language before the Diyarbakırcourts. All accused are prosecuted under charges of being “members” or“executives” “in an illegal organisation”, in this case the KCK.

According to theinformation received, on June 20, 2013, the Istanbul Heavy Penal Court No. 6 held in the Campus of the SilivriPrison the fifth hearing in the long running mass trial of lawyers. The courtheard several of the accused and decided to provisionally release seven of theaccused lawyers, mostly some it had heard at the previous hearing. Defencelawyers raised several irregularities in the act of indictment. The prosecutionof another lawyer, Mr. Bekir KAYA, was joined to this case. The Courtpostponed the hearing to September 17, 2013.

The Observatory mandated an international trial observer for thishearing, as well as for the four previous hearings.

The Observatory is deeply concerned by this ongoing judicial harassmentand the continued arbitrary detention of 15 lawyers and one journalist, which seems to merely aim at sanctioning the legitimate exercise oftheir profession, and calls upon the Turkish judicial authoritiesto release them immediately and unconditionally and drop the charges againstthem. It also regrets the splitting of the hearing into several one-dayhearings, which undermines the right to a defence.

The Observatory further recalls that dozens of human rightsdefenders are currently subjected to prolonged judicial harassment for abusiveterrorism charges in Turkey. In this context, members of Human RightsAssociation (İnsan Haklari Derneği -İHD) have particularly been the subject of a systematic campaign of judicialharassment, as a direct result of their human rights work in Turkey, inparticular on Kurdish issues.

This trial is one of dozensof ongoing mass show trials of Kurdish intellectuals and activists in Turkey.Since 2009, over 8,000 people have been arrested in the name of the KCK investigations- counter-terrorism operations that in reality have little to do withcountering terrorism, but rather have been used as a means of criminalisingpeaceful dissent and Kurdish political and cultural expression.

Background information[3]:

On November 22, 2011, anunprecedented broad campaign of arrest was launched and targeted dozens oflawyers from the Ağrı, Ardahan, Batman,Bursa, Diyarbakır, Denizli, Hakkari, Istanbul, Izmir, Kars, Mersin, Mus, Siirt, Sırnak, Urfa, Van Bar Associations, one journalist and three staff working for Asrin Law Firm (one legal secretary andtwo law office drivers) in the scope of an anti-terrorism operation. Several ofthe lawyers belonged to Asrin Law Firm. Theywere taken into custody in Istanbul for their alleged membership in KCK undercharges of “membership in an illegal organisation” and “directing an illegalorganisation”.

All were remanded into custody pending the endof the investigation after they had been interrogated at the Beşiktaş(Istanbul) Heavy Penal Court No. 11 and detained in İstanbul Bakırköy ClosedPrison for Females or Kocaeli Kandıra F Type Closed Prison No. 2. Some werearrested a few weeks or months after. At the beginning of the detention,communication between some of the lawyers and their families was restricted.

On April 18, 2012, the court accepted theindictment order submitted to it on April 6. 46 lawyers together with one journalist and three staff working forAsrin Law Firm were charged of “belonging to a criminal organisation”under Article 314 of the TPC[4].The opening of this case, known as the “Lawyers' Trial”, was scheduled for July16, 2012.

The indictment is mostlybased on recordings of discussions held between Abdullah Öcalan and his lawyersin the visiting room of İmralı Island Prison, in violation of the principle of confidentiality between lawyer and client, which isfundamental to an effective legal defence or on evidence related to actsordinarily conducted by lawyers to defend their clients.

On July 16-17, 2012, the trial opened before the Istanbul Heavy Penal Court No. 6 in ÇağlayanJustice Palace. At the time, only 36 lawyers and the journalist remained inpre-trial detention. All others had been provisionally released. At the end ofthis hearing nine lawyers were provisionally released. Dozens of internationaltrial observers monitored the hearing, including one lawyer mandated by theObservatory. Trial observers complained about the very bad material conditionsof the hearing, which impaired the right to a fair trial.

Subsequently, one-dayhearings took place on November 6, 2012, January 3, 2013 and March 27, 2013inside the Campus of the Silivri Prison, which has larger courtrooms. But,still, at some hearings, the family of the accused were denied access to thecourtroom due to the lack of space. One lawyer was provisionally released onJanuary 3 and four on March 27.

These hearingsrevealed a series of abuses in the prosecution of these lawyers, includingillegal wire-tapping of confidential lawyer-client meetings, illegal searchesconducted in law firms and other forms of covert surveillance, the failure ofthe court to give reasons for its decisions, the unconstitutionality of some ofthe provisions on which prosecution is based, the vagueness of elements ofcrime substantiating the prosecution, etc.

Actions required:

Please write to the Turkishauthorities, urging them to:

i. Guarantee in all circumstancesthe physical and psychological integrity of Mehdi ÖZTÜZÜN, Faik Özgür EROL,Muharem ŞAHİN, Fuat COŞACAK, İbrahim BİLMEZ, Emran EMEKÇİ, Cengiz ÇİÇEK, DoğanERBAŞ, Hatice KORKUT, Ömer GÜNEŞ, Mehmet Sani KIZILKAYA, Mehmet BAYRAKTAR,Bedri KURAN, Sabahattin KAYA, Cengiz KAPMAZ, Asya ÜLKER, Bekir KAYA, NevzatANUK, Baran PAMUK, Ergün CANAN, Nezahat PAŞA BAYRAKTAR, Meral ATASOY ATAN,Fırat AYDINKAYA, Yalçın SARITAŞ, Şaziye ÖNDER, Mustafa ERASLAN, Mehmet SabırTAŞ, Cemal DEMİR, Ümit SİSLİGÜN, Erdal SAFALI, Ayşe BATUMLU KAYA, Nevzat ANUK,Baran PAMUK, Ergün CANAN, Nezahat PAŞA BAYRAKTAR, Meral ATASOY ATAN, FıratAYDINKAYA, Yalçın SARITAŞ, Mehmet Deniz BÜYÜK, Serkan AKBAŞ, Servet DEMİR,Mehmet AYATA, Şakir DEMİR, Mizgin IRGAT, Mensur IŞIK, Sabahat Zeynep ARAT,Hüseyin KARASU and Sıdık BAL, as well as all human rights defenders in Turkey;

ii.Release Messrs. MehdiÖZTÜZÜN, Faik Özgür EROL, Muharem ŞAHİN, Fuat COŞACAK, İbrahim BİLMEZ, EmranEMEKÇİ, Cengiz ÇİÇEK, Doğan ERBAŞ, Hatice KORKUT, Ömer GÜNEŞ, Mehmet SaniKIZILKAYA, Mehmet BAYRAKTAR, Bedri KURAN, Sabahattin KAYA and Cengiz KAPMAZ aswell as Ms. Asya ÜLKER immediately and unconditionallysince their detention is arbitrary as it seems to only aim at sanctioningtheir human rights activities;

iii. Guarantee human rights defenders full and unconditional access totheir lawyers and families, as of the beginning of their arrest;

iv. Put an end to all acts harassment, including at the judicial level,against Messrs. Mehdi ÖZTÜZÜN, Faik Özgür EROL, Muharem ŞAHİN, Fuat COŞACAK,İbrahim BİLMEZ, Emran EMEKÇİ, Cengiz ÇİÇEK, Doğan ERBAŞ, Hatice KORKUT, ÖmerGÜNEŞ, Mehmet Sani KIZILKAYA, Mehmet BAYRAKTAR, Bedri KURAN, Sabahattin KAYA,Cengiz KAPMAZ, Asya ÜLKER, Bekir KAYA, Nevzat ANUK, Baran PAMUK, ErgünCANAN, Nezahat PAŞA BAYRAKTAR, Meral ATASOY ATAN, Fırat AYDINKAYA, YalçınSARITAŞ, Şaziye ÖNDER, Mustafa ERASLAN, Mehmet Sabır TAŞ, Cemal DEMİR, ÜmitSİSLİGÜN, Erdal SAFALI, Ayşe BATUMLU KAYA, Nevzat ANUK, Baran PAMUK, ErgünCANAN, Nezahat PAŞA BAYRAKTAR, Meral ATASOY ATAN, Fırat AYDINKAYA, YalçınSARITAŞ, Mehmet Deniz BÜYÜK, Serkan AKBAŞ, Servet DEMİR, Mehmet AYATA, ŞakirDEMİR, Mizgin IRGAT, Mensur IŞIK, Sabahat Zeynep ARAT, Hüseyin KARASU and SıdıkBAL as well as against all humanrights defenders in Turkey and ensure in all circumstances thatthey are able to carry out their work without unjustified hindrances;

v. Comply with theprovisions of the United Nations Declaration on Human Rights Defenders, adoptedby the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that“everyone has the right, individually and in association with others, topromote and to strive for the protection and realisation of human rights andfundamental freedoms at the national and international levels”, as well asArticle 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”;

vi. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with international and regional human rights instruments ratified byTurkey.

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, Officeof the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476;Email: receptayyip.erdogan@basbakanlik.gov.tr

· Deputy Prime Minister Responsible for HumanRights and Counter Terrorism, Mr. Beşir Atalay, Email: besir.atalay@tbmm.gov.tr, Fax: 00 90 (312) 422 13 98

· Interior Minister, Mr. Idris Naim Şahin, 06644 Ankara,Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696,

· Justice Minister, Mr. Sadullah Ergin, Ministryof Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26

· Foreign Minister, Mr. Ahmed Davudoglu, Office ofthe Prime Minister, Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11

· Ambassador, Mr. Oğuz Demiralp, Permanent Missionof 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: +4122 734 08 59

· Ambassador, Mr. 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.

***

Paris-Geneva, June 28, 2013

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

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

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 5518 80

·Tel et fax OMCT: +41 22 809 49 39 / 41 22 809 4929

[1] Seebackground information.

[2] KCKis considered by the authorities to be the umbrella organisation of the Kurdishpolitical movement including politicians, trade unionists, university students,etc.

[3] SeeObservatory Open Letter, December 16, 2011 and Observatory Joint Press Release,July 13, 2012.

[4] The46 lawyers are Mehdi ÖZTÜZÜN, Faik Özgür EROL, Muharem ŞAHİN, Fuat COŞACAK,İbrahim BİLMEZ, Emran EMEKÇİ, Cengiz ÇİÇEK, Doğan ERBAŞ, Hatice KORKUT, ÖmerGÜNEŞ, Mehmet Sani KIZILKAYA, Mehmet BAYRAKTAR, Bedri KURAN, Sabahattin KAYA, Ümit SİSLİGÜN, Erdal SAFALI, Ayşe BATUMLUKAYA, Asya ÜLKER, Nevzat ANUK, Baran PAMUK, Ergün CANAN, Nezahat PAŞABAYRAKTAR, Meral ATASOY ATAN, Fırat AYDINKAYA, Yalçın SARITAŞ, Şaziye ÖNDER,Mustafa ERASLAN, Mehmet Sabır TAŞ, Cemal DEMİR, Ümit SİSLİGÜN,Erdal SAFALI, Ayşe BATUMLU KAYA, NevzatANUK, Baran PAMUK, Ergün CANAN, Nezahat PAŞA BAYRAKTAR, MeralATASOY ATAN, Fırat AYDINKAYA, Yalçın SARITAŞ, Mehmet Deniz BÜYÜK, SerkanAKBAŞ, Servet DEMİR, Mehmet AYATA, Şakir DEMİR, Mizgin IRGATand Mensur IŞIK. Thejournalist is Mr. Cengiz KAPMAZ. The three law firm staff are Sabahat ZeynepARAT, HüseyinKARASU and Sıdık BAL.