Türkiye
08.02.01
Urgent Interventions
Turkey: judicial persecutions
URGENT APPEAL - THE OBSERVATORY
TUR 001/0101/OBS 011
Judicial persecutions
TURKEY
8 February 2001
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention in the following situation in Turkey.
Description of the situation :
The Observatory was informed of new cases of harassment against the members of the Human Rights Association of Turkey (IHD), in particular the opening of a judicial case against Eren Keskin, lawyer and President of the Istanbul branch of IHD, as well as the opening of a case of closure against IHD Ankara branch.
According to the information received, on 18th December 2001, a judicial case was opened against Eren Keskin by the Prosecutor of Beyoglu Prosecution's office, under Article 159 of the Turkish Penal Code for " insulting the armed forces of the State ".
Those facts are linked with Eren Keskin's statements in support to " Peace Mothers " who alleged to have been tortured at Silopi Gendarme Station, during their detention on 4 October 2000, following their return from Northern Iraq where they tried to negotiate between the PKK and the PUK, to stop fighting.
Eren Keskin declared in the daily Yeni Gündem, a Kurdish newspaper : "The allegations of being stripped naked and assaulted by soldiers who could have been their grand children were serious. We filed a complaint, but nothing happened against the torturers. Instead those who denounce it are put on trial. This is evidence for torture being part of the system ".
A case was also filed against Erdal Tas, the editor-in-chief of Yeni Gündem, under article 159 of the Penal Code, for having published Eren Keskin's declarations.
Moreover, on 11th January 2001, the prosecution's office at Ankara State Security Court (SSC) launched a trial against the Ankara branch of IHD, demanding that the board members be sentenced for "supporting an illegal organization".
The indictment claims that a detailed list of prisoners and their health situation was found during a raid of the IHD premises in Ankara, as well as press releases containing some declarations against the construction of Type F prisons and in support to striking prisoners. It also claims that during demonstrations organised by IHD, some posters were hung up with photographs of dead prisoners, as well as some posters of illegal organisations.
The prosecution considers the decision by the board to stage a number of actions "similar to the aims of imprisoned members of organizations" as an evidence for the charges, which include the demand to close down the branch according to Article 7/4 of Law 3713 to Fight Terrorism.
The indictment foresees that Chairman Lütfi Demirkapi, the board members Ilhami Yaban, Ismail Boyraz, Erol Direkçi, Mesut Çetiner, Zeki Irmak, Riza Resat Çetinbas, and the members of the prison commission Ali Riza Bektas (under arrest), Selim Necati Ort (under arrest), Saniye Simsek, Ekrem Erdin and Gökçe Otlu will be charged under Article 169 of the Turkish Penal Code.
The trial of the Ankara branch of IHD will begin on 13th February 2001 before the State Security Court.
More recently, the IHD branch in Mersin was raided by the police on 29 January. The offices were searched on order of the prosecutor's office and all documents were seized.
The Observatory is very preoccupied by these repressive actions and new judicial cases against the IHD and its members which illustrate a clear strengthening of the repression of human rights defenders in Turkey.
A clear link can be established between such repressive or judicial actions and the statements made recently by the IHD regarding the situation in the prisons, and its strong condemnation and protest of the violence used, last December, by the security forces, to transfer by force, some political prisoners to the new F type prison, being reminded that this police action caused the death of 30 inmates.
The Observatory recalls that the IHD members conformed with their mandate, as human rights defenders, to defend the rights of prisoners, in all circumstances, and to express their serious concern and protest about the violent behaviour of the security forces towards the inmates.
The police raids, search and judicial investigations or prosecutions which resulted of these actions and statements made in strict accordance with the duties of human right defenders, are in flagrant violation of the Declaration of Human Rights Defenders adopted on 9th December 1998 by the General Assembly of the United Nations, which stipulates in its article 6.c that " everyone has the right, individually or in association with others, to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, though these and appropriate means, to draw public attention to those matters ".
It must be remembered as well that Turkey is supposed to fulfil some obligations in terms of human rights and democracy, according to the Copenhagen criteria, which have to be applied by any candidate to the integration in the EU. This was strictly confirmed in the partnership agreement, issued last November, and on which the approval of Turkish authorities is still expected. Turkey in any case, should conformed with the European convention for the protection of human rights that it ratified, which particularly proclaims the right to life, the right to security, the freedom of thought and of expression.
Actions requested :
i. drop all the charges against Eren Keskin and Erdal Tas, as well as against the board members of IHD Akara branch, as well as the decision to close the Ankara branch ;
ii. conform with the provisions of the Declaration on Human Rights Defenders adopted on 9th December 1998 by the General Assembly of the United Nations, and in particular its article 1 which stipulates that 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 levels ", as well as its article 6.c, above mentioned ;
iii. conform with the European convention for the protection of human rights and the Universal Declaration on Human rights as well as other international instruments relative to human rights ratified by Turkey.
Addresses :
Minister of Interior, Mr Saadettin Tantan, Içisleri Bakanligi, 06644 Ankara, Turkey, Faxes: + 90 312 418 17 95.
Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey, Faxes: + 90 312 417 3954 / 418 5667
State Minister with responsibility for Human Rights, Mr Rüstü Kazim Yücelen, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey, Faxes: + 90 312 417 0476
Kindly inform us of any action undertaken, quoting the reference number given above.
The Observatory, an 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.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch
Geneva-Paris, 8 February 2001
TUR 001/0101/OBS 011
Judicial persecutions
TURKEY
8 February 2001
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention in the following situation in Turkey.
Description of the situation :
The Observatory was informed of new cases of harassment against the members of the Human Rights Association of Turkey (IHD), in particular the opening of a judicial case against Eren Keskin, lawyer and President of the Istanbul branch of IHD, as well as the opening of a case of closure against IHD Ankara branch.
According to the information received, on 18th December 2001, a judicial case was opened against Eren Keskin by the Prosecutor of Beyoglu Prosecution's office, under Article 159 of the Turkish Penal Code for " insulting the armed forces of the State ".
Those facts are linked with Eren Keskin's statements in support to " Peace Mothers " who alleged to have been tortured at Silopi Gendarme Station, during their detention on 4 October 2000, following their return from Northern Iraq where they tried to negotiate between the PKK and the PUK, to stop fighting.
Eren Keskin declared in the daily Yeni Gündem, a Kurdish newspaper : "The allegations of being stripped naked and assaulted by soldiers who could have been their grand children were serious. We filed a complaint, but nothing happened against the torturers. Instead those who denounce it are put on trial. This is evidence for torture being part of the system ".
A case was also filed against Erdal Tas, the editor-in-chief of Yeni Gündem, under article 159 of the Penal Code, for having published Eren Keskin's declarations.
Moreover, on 11th January 2001, the prosecution's office at Ankara State Security Court (SSC) launched a trial against the Ankara branch of IHD, demanding that the board members be sentenced for "supporting an illegal organization".
The indictment claims that a detailed list of prisoners and their health situation was found during a raid of the IHD premises in Ankara, as well as press releases containing some declarations against the construction of Type F prisons and in support to striking prisoners. It also claims that during demonstrations organised by IHD, some posters were hung up with photographs of dead prisoners, as well as some posters of illegal organisations.
The prosecution considers the decision by the board to stage a number of actions "similar to the aims of imprisoned members of organizations" as an evidence for the charges, which include the demand to close down the branch according to Article 7/4 of Law 3713 to Fight Terrorism.
The indictment foresees that Chairman Lütfi Demirkapi, the board members Ilhami Yaban, Ismail Boyraz, Erol Direkçi, Mesut Çetiner, Zeki Irmak, Riza Resat Çetinbas, and the members of the prison commission Ali Riza Bektas (under arrest), Selim Necati Ort (under arrest), Saniye Simsek, Ekrem Erdin and Gökçe Otlu will be charged under Article 169 of the Turkish Penal Code.
The trial of the Ankara branch of IHD will begin on 13th February 2001 before the State Security Court.
More recently, the IHD branch in Mersin was raided by the police on 29 January. The offices were searched on order of the prosecutor's office and all documents were seized.
The Observatory is very preoccupied by these repressive actions and new judicial cases against the IHD and its members which illustrate a clear strengthening of the repression of human rights defenders in Turkey.
A clear link can be established between such repressive or judicial actions and the statements made recently by the IHD regarding the situation in the prisons, and its strong condemnation and protest of the violence used, last December, by the security forces, to transfer by force, some political prisoners to the new F type prison, being reminded that this police action caused the death of 30 inmates.
The Observatory recalls that the IHD members conformed with their mandate, as human rights defenders, to defend the rights of prisoners, in all circumstances, and to express their serious concern and protest about the violent behaviour of the security forces towards the inmates.
The police raids, search and judicial investigations or prosecutions which resulted of these actions and statements made in strict accordance with the duties of human right defenders, are in flagrant violation of the Declaration of Human Rights Defenders adopted on 9th December 1998 by the General Assembly of the United Nations, which stipulates in its article 6.c that " everyone has the right, individually or in association with others, to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, though these and appropriate means, to draw public attention to those matters ".
It must be remembered as well that Turkey is supposed to fulfil some obligations in terms of human rights and democracy, according to the Copenhagen criteria, which have to be applied by any candidate to the integration in the EU. This was strictly confirmed in the partnership agreement, issued last November, and on which the approval of Turkish authorities is still expected. Turkey in any case, should conformed with the European convention for the protection of human rights that it ratified, which particularly proclaims the right to life, the right to security, the freedom of thought and of expression.
Actions requested :
i. drop all the charges against Eren Keskin and Erdal Tas, as well as against the board members of IHD Akara branch, as well as the decision to close the Ankara branch ;
ii. conform with the provisions of the Declaration on Human Rights Defenders adopted on 9th December 1998 by the General Assembly of the United Nations, and in particular its article 1 which stipulates that 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 levels ", as well as its article 6.c, above mentioned ;
iii. conform with the European convention for the protection of human rights and the Universal Declaration on Human rights as well as other international instruments relative to human rights ratified by Turkey.
Addresses :
Minister of Interior, Mr Saadettin Tantan, Içisleri Bakanligi, 06644 Ankara, Turkey, Faxes: + 90 312 418 17 95.
Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey, Faxes: + 90 312 417 3954 / 418 5667
State Minister with responsibility for Human Rights, Mr Rüstü Kazim Yücelen, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey, Faxes: + 90 312 417 0476
Kindly inform us of any action undertaken, quoting the reference number given above.
The Observatory, an 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.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch
Geneva-Paris, 8 February 2001