Provisional release of human rights lawyer Mr. Levent Pişkin

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URGENT APPEAL - THE OBSERVATORY

New information

TUR 007 / 1116 / OBS 097.1

Provisional release/

Judicial harassment
Turkey
November 16, 2016

TheObservatory for the Protection of Human Rights Defenders, a partnership of FIDHand the World Organisation Against Torture (OMCT), has received new informationand requests your urgent intervention in the following situation in Turkey.

Newinformation:

TheObservatory has been informed by reliable sources about the provisional releaseof Mr. Levent Pişkin, a human rights lawyer member of the Association ofLawyers for Freedom (Ozgurlukcu Hukukcular Dernegi – OHD), Lesbian, Gay,Bisexual, transexual and intersex (LGBTI) rights activist and member of theJustice Commission of the Peoples’ Democratic Party (HDP)[1].

Accordingto the information received, on November 16, 2016, Mr. Levent Pişkin wasprovisionally released pending the end of the investigation, after two days ofdetention. At the time of the urgent appeal, no formal charges have been yetbrought against him.

TheObservatory welcomes the provisional release of Mr. Levent Pişkin but deploresthe ongoing judicial harassment against him, as well as against human rightsdefenders in Turkey.

TheObservatory calls upon the Turkish authorities to put an end to the judicialproceedings against him and all other human rights defenders, in particularlawyers, since it only seems to aim at sanctioning legitimatehuman rights work.

Backgroundinformation:

Over the past years, Mr. Levent Pişkin has beensuffering constant harassment.In March 2014, he was sued by President Erdoganand sentenced by the Istanbul’s 14th Criminal Court to pay 10 thousandliras (around $3,700) in damages for “insult, slander or heavy provocation of apublic official for their public service”. He reacted to a speech by Mr.Erdogan, Prime minister at the time, who said that “if Alevilik is aboutloving Ali, I’m a perfect Alevi”, and tweeted “Waiting for PM to declare, ‘I ama perfect fag’. Obviously I will not learn how to be a fag from you.Kisses.#AnayasadaLGBT [LGBT in the Constitution ]”.

In 2016, a bomb, allegedly planted by nationalistsexploded in his garden. On November 14, 2016, at5:30 a.m. the police raided in Levent Pişkin’s appartment, confiscated some ofhis belongings, including his computer and phone, and arrested him. The Public Prosecution Office ordered hisplacement in custody and he was transferred to Bursa Detention Centre.

The arrest would berelated to his visit to his client, Member of Parliament. Selahattin Demirtaş,HDP co-Chair, detained since November 4, 2016. Some media accused him ofconveying Mr. Selahattin Demirtaş’s message to a German Magazine which could beused as propaganda.

The day of his arrest, hewas supposed to participate in the defense of 46 lawyers facing judicialharassment since 2011 for exercising their profession[2].

The Observatory draws the attention of the Turkishauthorities on the Principle of the United Nations Basic Principles on the Roleof Lawyers, in particular Principles 16, 18, and 20 on Guarantees for thefunctioning of lawyers, and Principle 23 on Freedom of expression andassociation.

Actionsrequested:

Pleasewrite to the authorities in Turkey, urging them to:

i.Guarantee in all circumstances the physical and psychological integrity of Mr. Levent Pişkin as well as of allhuman rights defenders in Turkey;

ii.Drop any charges against Mr. Levent Pişkin as well as against all the humainrights lawyers in Tukery;

iii. Put an end to all forms ofharassment, including at judicial level, against Mr. Levent Pişkin, as well as other human rights defenders in Turkey;

iv.Comply with all the provisions of the United Nations Declaration on HumanRights Defenders, in particular with Articles 1, 6(a), 9, 11 and 12.2;

v.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 Turkey, Recep Tayyip Erdoğan; Fax: (+90 312) 525 58 31;E-mail: contact@tccb.gov.tr

· PrimeMinister of Turkey, Mr. Binali Yıldırım; Fax: +90 (312) 403 62 82

· Minister of Foreign Affairs, Mr. Mevlüt Çavuşoğlu;Tel : +90 (312) 292 10 00

· Minister ofJustice, Mr. Bekir Bozdağ; Fax: +90 (0312) 419 33 70; E-mail: info@adalet.gov.tr

· Minister of Interior, Mr. Süleyman Soylu; Fax: +90 (312) 425 61 30; Email: ozelkalem@icisleri.gov.tr

· Ambassador Izzet Selim Yenel, Diplomatic Mission of Turkey to theEuropean Union in Brussels, Avenue des Arts 36-38, 1000 Bruxelles, Belgium;Fax: + 32 2 511 04 50

· Ambassador Mehmet Ferden Çarikçi, Permanent Missionof Turkey to the United Nations in Geneva, Chemin du Petit-Saconnex 28B 1211Geneva 19, Tel: +41 22 918 50 80; Fax: +41 22 734 08 59; Email: mission.turkey@ties.itu.int

Pleasealso write to the diplomatic mission or embassy of Turkey in your respectivecountry.

***

Paris-Geneva,November 16, 2016

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

The Observatory was created in 1997 by OMCT and FIDH. The objectiveof this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

Tocontact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] HDP is the Peoples’ Democratic Party which is a left wing political party infavor of minorities.

[2] For more information, see: the Observatory’s Urgent Appeal TUR 002 / 0613 / OBS 059.1published on March 20, 2014.