Open Letter to the President and Prime Minister of Turkey

THE HUMAN RIGHTSASSOCIATION (İnsan Haklari Derneği – İHD)

THE HUMAN RIGHTSFOUNDATION OF TURKEY (Türkiye İnsan Hakları Vakfı (TİHV)

TO: Mr. Abdullah Gül

President of the TurkishRepublic

Mr. Recep Tayyip

Prime Minister

CC: Mr. Sadullah Ergin

Minister of Justice

Mr. Beşir Atalay

Deputy Prime MinisterResponsible for Human Rights and the fight against terrorism

Mr. Erdogan Iscan

Director General,Ministry of Foreign Affairs

Open Letter to thePresident and Prime Minister of Turkey

November 20, 2012

Your Excellency,

On October 17 and 18, 2012, the United NationsHuman Rights Committee (HRC) considered the initial report of Turkey. On thisoccasion, the Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation against Torture (OMCT), submitted its mission report “Turkey:Human Rights defenders: guilty until proven innocent”, which providesinformation on the global situation of human rights defenders in Turkey.

After two days of constructive dialogue with theTurkish Delegation, the HRC adopted concluding observations whereby itexpressed serious concerns over a number of issues, a number of which arerelated to and/or affect the situation of human rights defenders in thecountry.

In its concluding observations, the Committeelargely referred to the abuse of the legal framework on the fight againstterrorism to criminalise legitimate and peaceful activities protected underinternational human rights standards, including human rights activities.

More precisely, the HRC denounced thenon-conformity of several provisions of the 1991 Anti-Terrorism Law withthe rights guaranteed by the International Covenant on Civil and PoliticalRights (ICCPR), expressing its particular concern at “the high number ofcases in which human rights defenders, lawyers, journalists [...] are chargedunder the Anti-Terrorism Law for the free expression of their opinions andideas, in particular in the context of non-violent discussions ofthe Kurdish issues”. Thus, measures should be taken to “ensure that itscounter-terrorism legislation and practices are in full conformity with theCovenant”, particularly by remedying “the vagueness of the definition ofa terrorist act in the [legislation] to ensure that its application is limitedto offences that are indisputably terrorist offences”.[1]The Observatory, the Human Rights Association and the Human Rights Foundationof Turkey recall that this echoes the findings and recommendations put forwardby both the UN Special Rapporteur on the Promotion and Protection of HumanRights and Fundamental Freedoms while Countering Terrorism and the WorkingGroup on Arbitrary Detentions following their respective visits in Turkey in2006[2],and urge you to put the Anti-Terrorism Law in line with the internationalobligations of Turkey.

The HRC also pointed out the “widespreaduse of lengthy pre-trial detention of up to ten years for terrorism-relatedoffences and five years for other offences”, further highlighting that“detainees do not have access to an effective mechanism to challenge thelawfulness of their pre-trial detention, and do not always in practice haveprompt access to a lawyer”. The HRC thus recommended that the “legalperiod of pre-trial detention [be reduced] in compliance with article 9 of theCovenant” and be “only used as an exceptional measure”. In addition,detainees should have access to a lawyer, be able to challenge the conditionsof their pre-trial detention, and the Turkish State should “enhance the useof alternative measures to pre-trial detention, such as electronic monitoringand conditional release”[3].The Observatory, the Human Rights Association and the Human Rights Foundationof Turkey share these concerns and calls on Turkey to reform the law to limitthe resort to pre trial detention, in particular ensure that human rightsdefenders are not subjected to pre-trial detention for their legitimate humanrights activities, and more generally to take all necessary measures toend all forms of harassment – including at the judicial level – against humanrights defenders.

Among other humanrights restrictions that have been occasioned in the framework of the fightagainst terrorism, the HRC also highlighted “the vagueness and lack ofclarity of the definition of “illegal organisations” resulting in “restrictingthe right to freedom of association”. In order to ensure that this basic right, guaranteed under article 22of the Covenant, is fully respected, the Committee stated that the notion of“illegal organisations” should be strictly limited[4].

More generally, theHRC finally expressed its concern about the ongoing trend that consists inmaking an abusive and arbitrary use of multiple provisions of the CriminalCode, including defamation, to subject “human rights defenders and mediaprofessionals to convictions for the exercise of their profession”,putting at risk freedom of expression. Among other recommendations, the HRCstressed that measures should be taken to decriminalise defamation, “provide redress tojournalists and human rights activists who are subjected to criminalprosecution and imprisonment”[5].

The Observatory, the Human Rights Associationand the Human Rights Foundation of Turkey share the concerns expressed by theHRC and call on the Turkish authorities to take measures aimed at implementingthe recommendations without undue delay.

Actions should be taken to ensure that the respect of humanrights defenders' rightseffectively guides the operation of law-enforcement and judicial bodies,that the safety of human rights defenders is guaranteed, that the rights tofreedom of expression and of association are fully respected, and that humanrights defenders are not subjected to any form of harassment.

Your Excellency,

The UN Human Rights Committee review is anoccasion for Turkey to prove that it stands by its international commitment tocomply with its international human rights obligations. The Observatory, theHuman Rights Association and the Human Rights Foundation of Turkey call on theTurkish authorities to seize this opportunity to take action by releasing allthose who are arbitrarily detained for the peaceful use of their fundamentalfreedoms of expression, association and assembly, by trying without delay orrelease all human rights defenders, journalists and lawyers in pre-trialdetention under the Anti-Terrorism Law, by reforming its legislation and bytaking any other action necessary to bring its law and practice in line withinternational standards.

We express our sincere hope that you will takethese considerations and requests into account.

Yours sincerely,

Metin Bakkalcı, TİHV Secretary General

Souhayr Belhassen, FIDH President

Gerald Staberock, OMCT Secretary General

Öztürk Türkdoğan, İHD President

[1] SeeConcluding Observations on the initial report of Turkey adopted by theCommittee at its 106th session, October-November 2012, UN DocumentCCPR/C/TUR/CO/1, para. 16.

[2] SeeReport of the Special Rapporteur on the Promotion and Protection of HumanRights and Fundamental Freedoms while Countering Terrorism, Addendum, Missionto Turkey, A/HRC/4/26/Add.2, available at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G06/149/42/PDF/G0614942.pdf and Report of the Working Group on Arbitrary Detention,Addendum, Mission to Turkey, A/HRC/4/40/Add.5 available at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G07/106/46/PDF/G0710646.pdf

[3] SeeConcluding Observations on the initial report of Turkey adopted by theCommittee at its 106th session, October-November 2012, UN DocumentCCPR/C/TUR/CO/1, para. 17.

[4] Ibidpara. 19.

[5] Ibidpara. 24.