Türkiye
12.07.02
Urgent Interventions
Turkey: Human rights activists Alp Ayan and Mehmet Barindik sentenced to 1 year imprisonment
URGENT APPEAL – THE OBSERVATORY
TUR 001/0702/OBS 040
Sentence
TURKEY
12th July 2002
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT joint program, requests your action on the following situation in Turkey.
Brief description:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that on the 6th of June 2002, Alp Ayan, psychiatrist and member of HRFT in Izmir and Mehmet Barindik, Aegean Regional Representative and board member of LIMTER-IS trade union, were sentenced to one year imprisonment by the Criminal Court No 4 for having violated Article 159 of the Turkish Penal Code.
M. Ayan and M. Barindik are active members of the “Izmir Plateform Against Cells” established on 6th June 2000 by a group of 30 NGOs in order to denounce the conditions of detention of the Turkish prisoners in the F-type prisons.
The Observatory recalls that on 19th of December 2000, the security forces carried out an operation on 20 prisons to remove the inmates especially the political ones to the newly constructed F-type prisons. Thirty prisoners and 2 officers died during this operation.
On the 13th of January 2001, M. Ayan and M. Barindik read a press statement to encourage the public to react about this situation through slogans calling for the freedom and dignity of prisoners. According to the information received, following this event the Ministry of Justice decided to open a case against the two activists under Article 159 for “having insulted the Ministry of Justice”. The prosecution office claimed that the slogans and statements made could be interpreted as questioning the Ministry of Justice responsibility for putting into jail the concerned prisoners.
The named defendants were acquitted on 20 April 2001, by the Izmir Penal Court of First Instance No 8. It was decided that they had only exercised their civil rights through a legal press statement. But on the 6th of June 2002, the Prosecutor at the criminal court No 4 decided that even though the name of the Ministry was not mentioned openly, “there were statements in the press that without doubt implied the Ministry of Justice.” Consequently M. Ayan and M. Barindik were each convicted under Article 159 of the TPC.
Both defendants have appealed against the verdict of the Court.
This procedure forms part of a larger set of judicial proceedings against members of the Human Rights Foundation of Turkey for having implement their right to inform the public against the situation of human rights in their country. (See Observatory Annual Report 2000 and 2001).
The Observatory remains gravely concerned about the continuing harassment and persecution to which the Turkish human rights defenders are being subjected and the accumulation of judicial proceedings which prevent them from being able to effectively engage in their respective activities, in total violation of their right to the freedom of expression and opinion.
Action requested
Please write to the authorities in Turkey urging them to:
i. Guarantee under any circumstances the independence of the judiciary and that the charges be reconsidered in appeal due to their arbitrary character;
ii. put an end to any kind of harassment against human rights NGOs and all defenders of democracy in the country, and ensure that they be allowed to carry out their work without obstacles;
iii. abide by the provisions of the Declaration on the Protection of Human Rights Defenders adopted on the 9th of December 1998, by the U.N. General Assembly (“Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms”), particularly, Article 1 “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international level”;
iv. more generally abide by the Universal declaration on Human Rights and Covenants and international Conventions ratified by Turkey.
Addresses
1. Minister of Interior, Mr Saadettin Tantan, Içisleri Bakanligi, 06644 Ankara, Turkey. Fax: + 90 312 418 17 95.
2. Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954
3. State Minister with responsibility for Human Rights, Mr Rüstü Kazim Yücelen, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey. Fax: + 90 312 417 0476
Geneva – Paris, July 12, 2002
Kindly inform the Observatory of any action undertaken, quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency Line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29
TUR 001/0702/OBS 040
Sentence
TURKEY
12th July 2002
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT joint program, requests your action on the following situation in Turkey.
Brief description:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that on the 6th of June 2002, Alp Ayan, psychiatrist and member of HRFT in Izmir and Mehmet Barindik, Aegean Regional Representative and board member of LIMTER-IS trade union, were sentenced to one year imprisonment by the Criminal Court No 4 for having violated Article 159 of the Turkish Penal Code.
M. Ayan and M. Barindik are active members of the “Izmir Plateform Against Cells” established on 6th June 2000 by a group of 30 NGOs in order to denounce the conditions of detention of the Turkish prisoners in the F-type prisons.
The Observatory recalls that on 19th of December 2000, the security forces carried out an operation on 20 prisons to remove the inmates especially the political ones to the newly constructed F-type prisons. Thirty prisoners and 2 officers died during this operation.
On the 13th of January 2001, M. Ayan and M. Barindik read a press statement to encourage the public to react about this situation through slogans calling for the freedom and dignity of prisoners. According to the information received, following this event the Ministry of Justice decided to open a case against the two activists under Article 159 for “having insulted the Ministry of Justice”. The prosecution office claimed that the slogans and statements made could be interpreted as questioning the Ministry of Justice responsibility for putting into jail the concerned prisoners.
The named defendants were acquitted on 20 April 2001, by the Izmir Penal Court of First Instance No 8. It was decided that they had only exercised their civil rights through a legal press statement. But on the 6th of June 2002, the Prosecutor at the criminal court No 4 decided that even though the name of the Ministry was not mentioned openly, “there were statements in the press that without doubt implied the Ministry of Justice.” Consequently M. Ayan and M. Barindik were each convicted under Article 159 of the TPC.
Both defendants have appealed against the verdict of the Court.
This procedure forms part of a larger set of judicial proceedings against members of the Human Rights Foundation of Turkey for having implement their right to inform the public against the situation of human rights in their country. (See Observatory Annual Report 2000 and 2001).
The Observatory remains gravely concerned about the continuing harassment and persecution to which the Turkish human rights defenders are being subjected and the accumulation of judicial proceedings which prevent them from being able to effectively engage in their respective activities, in total violation of their right to the freedom of expression and opinion.
Action requested
Please write to the authorities in Turkey urging them to:
i. Guarantee under any circumstances the independence of the judiciary and that the charges be reconsidered in appeal due to their arbitrary character;
ii. put an end to any kind of harassment against human rights NGOs and all defenders of democracy in the country, and ensure that they be allowed to carry out their work without obstacles;
iii. abide by the provisions of the Declaration on the Protection of Human Rights Defenders adopted on the 9th of December 1998, by the U.N. General Assembly (“Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms”), particularly, Article 1 “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international level”;
iv. more generally abide by the Universal declaration on Human Rights and Covenants and international Conventions ratified by Turkey.
Addresses
1. Minister of Interior, Mr Saadettin Tantan, Içisleri Bakanligi, 06644 Ankara, Turkey. Fax: + 90 312 418 17 95.
2. Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954
3. State Minister with responsibility for Human Rights, Mr Rüstü Kazim Yücelen, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey. Fax: + 90 312 417 0476
Geneva – Paris, July 12, 2002
Kindly inform the Observatory of any action undertaken, quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency Line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29