Release and ongoing judicial harassment of Sebnem Korur Fincanci, Erol Onderoglu and Ahmet Nesin

TUR 004 / 0616 / OBS 049.1

Release / Judicial harassment

Turkey

July 5, 2016

The Observatory for the Protection of Human RightsDefenders, a partnership of 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 been informed by reliable sourcesabout the release and ongoing judicial harassment of Ms. Şebnem Korur Fincancı, President of the Human RightsFoundation of Turkey (HRFT), Mr. Erol Önderoğlu, Turkey Representativeof Reporters Without Borders (RWB), and Mr. Ahmet Nesin, journalist.

According to the information received, on June 30, 2016, the 13thHigh Criminal Court ordered the provisional release of Ms. Fincancı and Mr. Önderoğlu. On July 1, 2016, the14th Heavy Penal Court ordered the provisional release of Mr. AhmetNesin. They remain charged with “making terror propaganda” under Article 7/2 ofthe Anti Terror Law, and their first court hearing will be held on November 8,2016. The charges seem to relate to the participation of the three human rightsdefenders in the “Editor-in-chief on Duty” campaign, launched in early May 2016in solidarity with the Özgür Gündemnewspaper and to defend the freedom of press in Turkey against the harassmentof, and investigations against, its journalists[1].

The Observatorywelcomes the release of Ms.Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin but deplorestheir continuing judicial harassment, whichseems to merely aim at sanctioning their human rights activities.

The Observatory calls upon the Turkish authorities to drop all the charges against them and, in the meantime, to ensure that all judicialproceeding against them are carried out in full compliance with their right toa fair trial, as protected under international law.

Background information:

On June 20, 2016, the 1st High Court of Peace inIstanbul ordered the detention of Ms. ŞebnemKorur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu, pending aninvestigation into their alleged involvement in the propaganda of terrorism.The human rights defenders presented themselves after they had received arrestwarrants, and were referred to the 1st High Court of Peace after testifyingbefore the Prosecutor on Terror and Organised Crime at the Istanbul Court Housein Çağlayan earlier that day, under accusations of “making terror propaganda”(Article 7/2 of the Anti Terror Law). Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu werequestioned in relation to their participation in the “Editor-in-chief on Duty”campaign launched in early May 2016 in solidarity with the Özgür Gündemnewspaper.

Ms. Fincancı was detained at Bakırköy Women ClosedPrison, while Messrs. Önderoğlu and Nesin were held in Metris Prison inIstanbul.

Actions requested:

Please write to the authorities in Turkey, urging themto:

i. Drop all the charges against Ms. Şebnem KorurFincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin and, in the meantime, ensurethat any judicial proceedings against them is carried out in full compliancewith the defendants' right to a fair trial, as protected under internationallaw;

ii. Guarantee in all circumstances the physical andpsychological integrity of all human rights defenders in Turkey, including Ms.Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin;

iii. Put an end to all acts of harassment, includingthe judicial level, against all human rights defenders in Turkey so that they are able tocarry out their work without hindrance or fear of reprisals;

iv. Put an end to the ongoing crackdown on civilsociety under the pretext of countering terrorism and recognise the legitimaterole of human rights defenders, in line with Turkey's internationalobligations;

v. Comply with all the provisions of the UnitedNations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particularits Articles 1, 12.1 and 12.2;

vi. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Turkey.

Addresses:

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

• Prime Minister of Turkey, Mr. Ahmet Davutoglu; Fax:+90 (312) 403 6282

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

• Minister of Interior, Mr. Efkan Ala; Fax: +90 (312) 425 61 30; Email: ozelkalem@icisleri.gov.tr

• Ambassador Izzet Selim Yenel, Diplomatic Mission ofTurkey to the European Union in Brussels, Fax: + 32 2 511 04 50

• Ambassador Mehmet Ferden Çarikçi, Permanent Mission ofTurkey to the United Nations in Geneva, Fax: +41 22 734 08 59; Email: mission.turkey@ties.itu.int

Please also write to the diplomatic mission or embassy of Turkey in your respective country.

[1] ÖzgürGündem started the “Editor-in-chief on Duty” campaign on May 3, 2016 toexpress solidarity and defend press freedom against a number of investigationsfaced by the newspaper. A total of 49 prominent journalists have served asone-day editors-in-chief since the beginning of the campaign. Some 37 of themhave been investigated up to now. Yet, Ms. Fincancı, Mr. Önderoğlu and Mr.Nesin are first persons to be arrested and detained in relation to thecampaign.