Türkiye
29.06.01
Urgent Interventions
Turkey: New information on judicial proceedings against 16 intellectuals
URGENT APPEAL – THE OBSERVATORY
TUR 004/0106/OBS 046.1
Harassment of activists/ Judicial proceedings
TURKEY
29th June 2001
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT joint venture, has received new information on the following situation in Turkey.
New information:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that the hearing of the 16 intellectuals who have published the book “Freedom of thought 2000” before the Ankara Military Court of the Chief Office of the General Staff that took place on June 29th, 2001 at 9:30 has been adjourned until the 7th of September.
According to the HRFT the reason given for the adjournment is that the defence was not ready for three of the 16 defendants. The Observatory recalls that the hearing before the Penal Court of First Instance (PCFI) has been adjourned until September 14, 2001 and the one before the Criminal Court until September 19, 2001. The date for the new procedure before the Istanbul State Security Court (SSC) has not yet been communicated.
The Observatory remains gravely concerned about the continuing harassment and persecution to which the 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.
Brief reminder of the situation:
The Observatory had been informed by the Human Rights Foundation of Turkey (HRFT) of the pursuit of four different procedures against 16 intellectuals, for having published a book containing banned material in Turkey.
16 of the 23 intellectuals and artists who signed a book entitled "Freedom to Thought 2000" as publishers containing 60 banned articles are facing four different judicial procedures. The defendants are reportedly being accused of "driving people away from wanting to conduct their military service" under Turkish Penal Code (TPC) article 155. They include: Yavuz Önen (HRFT President); Vahdettin Karabay (Confederation of Progressive Trade Unions DISK Chairman); Salim Uslu (Hak-Is Chairman); Siyami Erdem (former Chairman of the Confederation of Public Laborours' Trade Unions - KESK); Hüsnü Öndül (President of the Human Rights Association); Cengiz Bektas (Chairman of the Writers' Trade Union); Atilla Maras (Chairman of the Writers' Trade Union); Yilmaz Ensaroglu (President of the Mazlum-Der); Zuhal Olcay, Lale Mansur, Sanar Yurdatapan, Ali Nesin, Erdal Öz, Ömer Madra, Etyen Mahçupyan and Sadik Tasdogan.
These 16 defendants testified during a hearing at the Ankara Military Court of the Chief Office of the General Staff on May 23rd, 2001, where they were being tried under TPC article 155. Here they argued that the Military Court could not perform an independent and fair trial and that such a prosecution would be against the Constitution, as well as article 6/1 of the ECHR Convention. They requested that the case be referred to the Constitutional Court and that the prosecution be ended. These requests were rejected and the trial was adjourned, with the next hearing planned for June 29th, 2001, at 9:30 am.
This procedure forms part of a larger set of judicial proceedings against the same intellectuals for having published the book in question. These Human Rights Defenders were tried by the Istanbul State Security Court (SSC) under the accusation of publishing banned articles, inciting people to hatred and enmity, aiding the PKK, disseminating separatist propaganda, and violating the Press Law, under TPC articles 311, 312, 169 and articles 6, 7, 8 of the Anti Terror Law. They were faced with possible sentences ranging between 7 years and 15 years and 6 months, but were all acquited on February 13th 2001. The case went to the Supreme Court who decided in May that the procedure should start again before the State Security Court. The date of the first hearing has not yet been communicated.
According to the information received, they were also heard twice by the Penal Court of First Instance (PCFI), initially on February 20th and subsequently on May 9th. Having been accused of “insulting the religions” under TPC article 175, they were faced with sentences of 1 to 6 years. At the latest hearing, the defendants reportedly argued that the indictment was based upon the wrong article of the TPC. The hearing was adjourned until September 14th, 2001.
The fourth procedure, before the Criminal Court, is based on TPC article 159 - “insulting the quality of being a Turk, the Republic, Parliament, Government, Ministries, Jurisdiction or the forces of the government related to the military.” At a preliminary hearing held at Uskudar Criminal Court No.2 on May 10th, 2001, the defendants stated that the indictment was grounded on the wrong article, leading to the hearing being adjourned until September 19, 2001.
Action requested
Please write to the authorities in Turkey urging them to:
i. 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;
ii. 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 (see above) and Article 6.c which mandates that “everyone has the right, individually and 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 through these and other appropriate means, to draw public attention to those matters”.
iii. 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 / 418 5667
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, June 29th, 2001
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 004/0106/OBS 046.1
Harassment of activists/ Judicial proceedings
TURKEY
29th June 2001
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT joint venture, has received new information on the following situation in Turkey.
New information:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that the hearing of the 16 intellectuals who have published the book “Freedom of thought 2000” before the Ankara Military Court of the Chief Office of the General Staff that took place on June 29th, 2001 at 9:30 has been adjourned until the 7th of September.
According to the HRFT the reason given for the adjournment is that the defence was not ready for three of the 16 defendants. The Observatory recalls that the hearing before the Penal Court of First Instance (PCFI) has been adjourned until September 14, 2001 and the one before the Criminal Court until September 19, 2001. The date for the new procedure before the Istanbul State Security Court (SSC) has not yet been communicated.
The Observatory remains gravely concerned about the continuing harassment and persecution to which the 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.
Brief reminder of the situation:
The Observatory had been informed by the Human Rights Foundation of Turkey (HRFT) of the pursuit of four different procedures against 16 intellectuals, for having published a book containing banned material in Turkey.
16 of the 23 intellectuals and artists who signed a book entitled "Freedom to Thought 2000" as publishers containing 60 banned articles are facing four different judicial procedures. The defendants are reportedly being accused of "driving people away from wanting to conduct their military service" under Turkish Penal Code (TPC) article 155. They include: Yavuz Önen (HRFT President); Vahdettin Karabay (Confederation of Progressive Trade Unions DISK Chairman); Salim Uslu (Hak-Is Chairman); Siyami Erdem (former Chairman of the Confederation of Public Laborours' Trade Unions - KESK); Hüsnü Öndül (President of the Human Rights Association); Cengiz Bektas (Chairman of the Writers' Trade Union); Atilla Maras (Chairman of the Writers' Trade Union); Yilmaz Ensaroglu (President of the Mazlum-Der); Zuhal Olcay, Lale Mansur, Sanar Yurdatapan, Ali Nesin, Erdal Öz, Ömer Madra, Etyen Mahçupyan and Sadik Tasdogan.
These 16 defendants testified during a hearing at the Ankara Military Court of the Chief Office of the General Staff on May 23rd, 2001, where they were being tried under TPC article 155. Here they argued that the Military Court could not perform an independent and fair trial and that such a prosecution would be against the Constitution, as well as article 6/1 of the ECHR Convention. They requested that the case be referred to the Constitutional Court and that the prosecution be ended. These requests were rejected and the trial was adjourned, with the next hearing planned for June 29th, 2001, at 9:30 am.
This procedure forms part of a larger set of judicial proceedings against the same intellectuals for having published the book in question. These Human Rights Defenders were tried by the Istanbul State Security Court (SSC) under the accusation of publishing banned articles, inciting people to hatred and enmity, aiding the PKK, disseminating separatist propaganda, and violating the Press Law, under TPC articles 311, 312, 169 and articles 6, 7, 8 of the Anti Terror Law. They were faced with possible sentences ranging between 7 years and 15 years and 6 months, but were all acquited on February 13th 2001. The case went to the Supreme Court who decided in May that the procedure should start again before the State Security Court. The date of the first hearing has not yet been communicated.
According to the information received, they were also heard twice by the Penal Court of First Instance (PCFI), initially on February 20th and subsequently on May 9th. Having been accused of “insulting the religions” under TPC article 175, they were faced with sentences of 1 to 6 years. At the latest hearing, the defendants reportedly argued that the indictment was based upon the wrong article of the TPC. The hearing was adjourned until September 14th, 2001.
The fourth procedure, before the Criminal Court, is based on TPC article 159 - “insulting the quality of being a Turk, the Republic, Parliament, Government, Ministries, Jurisdiction or the forces of the government related to the military.” At a preliminary hearing held at Uskudar Criminal Court No.2 on May 10th, 2001, the defendants stated that the indictment was grounded on the wrong article, leading to the hearing being adjourned until September 19, 2001.
Action requested
Please write to the authorities in Turkey urging them to:
i. 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;
ii. 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 (see above) and Article 6.c which mandates that “everyone has the right, individually and 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 through these and other appropriate means, to draw public attention to those matters”.
iii. 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 / 418 5667
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, June 29th, 2001
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