Türkiye
23.10.01
Urgent Interventions
Turkey: Risk of closure of a medical center
URGENT APPEAL – THE OBSERVATORY
New Information
TUR 006/0109/OBS 074.1
Judicial proceedings against NGO
TURKEY
October 23th, 2001
The Observatory for the Protection of Human Rights Defenders, a program of FIDH and OMCT, requests your URGENT intervention in the following situation in Turkey.
New Information:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that two procedures have been initiated against the Diyarbakir Rehabilitation Center of the Human Rights Foundation of Turkey (HRFT).
According to the information received, the first procedure was launched by Diyarbakir State Security Court against the HRFT in what seems to be an attempt to hinder the activities of the Rehabilitation Center, which brings assistance to victims of torture. This legal procedure follows the confiscation of medical files operated on September 7th, 2001 during a raid on the HRFT Diyarbakir office. However no clear link can be established between the holding of those files, which have since then been restituted, and the current procedures. It is also reported that two doctors who worked with the Center and where at the same time public servants, have been obliged to quit Diyarbakir to exercise their profession in the rural districts.
Furthermore, our source related that, in addition and in parallel to this judicial procedure, the Governship of the Emergency State Region (ESR) has issued an administrative order of closure against the HRFT office. The Governship enjoys the authority to close down the Center without giving any official reasons under the auspices of Decree no. 285. A characteristic of the decision taken under the ESR law consists in its administrative nature, implying that it can not be brought before domestic jurisdictions for an appeal.
The Observatory is 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. Furthermore, the Observatory underlines the fact that the offer of medical assistance to victims of torture in that region could suffer from this possible closure.
Brief reminder of the situation:
The Observatory had been informed by the Human Rights Foundation of Turkey (HRFT) that the Police had carried out a raid on its Diyarbakir office (situated in the South East of Turkey) on September 7th , 2001.
The Public Prosecutor reportedly had granted the Police permission to “search for banned publications which were alleged to be therein”, allowing the policemen to seize all the dossiers, documents and computer files they considered relevant to their investigation. Included in the documents confiscated were some officially banned journals, the ownership of a single copy of which does not constitute an offense.
Furthermore, the Police had seized medical files that were confidential, or transmitted only in accordance with the concerned individual’ wishes, a condition that is essential to the work of the HRFT.
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 human rights defenders in the country, and ensure that they be allowed to carry out their work without obstacles;
ii. in particular, ensure that judicial proceedings and administrative procedures carried out by virtue of the Emergency State Region law are not conducted in an arbitrary manner;
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 which stipulates 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” and article 6. a. according to which everyone has the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”;
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, email: info@icisleri.gov.tr
2. Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954 / 418 5667, email: info@adalet.gov.tr
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, October 23th, 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
New Information
TUR 006/0109/OBS 074.1
Judicial proceedings against NGO
TURKEY
October 23th, 2001
The Observatory for the Protection of Human Rights Defenders, a program of FIDH and OMCT, requests your URGENT intervention in the following situation in Turkey.
New Information:
The Observatory has been informed by the Human Rights Foundation of Turkey (HRFT) that two procedures have been initiated against the Diyarbakir Rehabilitation Center of the Human Rights Foundation of Turkey (HRFT).
According to the information received, the first procedure was launched by Diyarbakir State Security Court against the HRFT in what seems to be an attempt to hinder the activities of the Rehabilitation Center, which brings assistance to victims of torture. This legal procedure follows the confiscation of medical files operated on September 7th, 2001 during a raid on the HRFT Diyarbakir office. However no clear link can be established between the holding of those files, which have since then been restituted, and the current procedures. It is also reported that two doctors who worked with the Center and where at the same time public servants, have been obliged to quit Diyarbakir to exercise their profession in the rural districts.
Furthermore, our source related that, in addition and in parallel to this judicial procedure, the Governship of the Emergency State Region (ESR) has issued an administrative order of closure against the HRFT office. The Governship enjoys the authority to close down the Center without giving any official reasons under the auspices of Decree no. 285. A characteristic of the decision taken under the ESR law consists in its administrative nature, implying that it can not be brought before domestic jurisdictions for an appeal.
The Observatory is 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. Furthermore, the Observatory underlines the fact that the offer of medical assistance to victims of torture in that region could suffer from this possible closure.
Brief reminder of the situation:
The Observatory had been informed by the Human Rights Foundation of Turkey (HRFT) that the Police had carried out a raid on its Diyarbakir office (situated in the South East of Turkey) on September 7th , 2001.
The Public Prosecutor reportedly had granted the Police permission to “search for banned publications which were alleged to be therein”, allowing the policemen to seize all the dossiers, documents and computer files they considered relevant to their investigation. Included in the documents confiscated were some officially banned journals, the ownership of a single copy of which does not constitute an offense.
Furthermore, the Police had seized medical files that were confidential, or transmitted only in accordance with the concerned individual’ wishes, a condition that is essential to the work of the HRFT.
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 human rights defenders in the country, and ensure that they be allowed to carry out their work without obstacles;
ii. in particular, ensure that judicial proceedings and administrative procedures carried out by virtue of the Emergency State Region law are not conducted in an arbitrary manner;
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 which stipulates 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” and article 6. a. according to which everyone has the right “to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”;
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, email: info@icisleri.gov.tr
2. Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954 / 418 5667, email: info@adalet.gov.tr
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, October 23th, 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