Turkey: Judicial harassment of Ms. Nurcan Baysal

02/04/2020

Urgent Appeal

en tr

Turkey

TUR 004 / 0420 / OBS 030
Judicial harassment
Turkey
April 2, 2020

The Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requests your intervention in the following situation in Turkey.

Description of the information:

The Observatory has been informed by reliable sources about the judicial harassment of Ms. Nurcan Baysal. A journalist and 2018 Global Laureate for Human Rights Defenders at Risk by Front Line Defenders, Ms. Nurcan Baysal has been documenting and writing about human rights abuses in the South East Turkey, a region predominantly populated by Kurdish people.

According to the information received, on March 30, 2020, an investigation was launched by the Prosecutor’s Office in Diyarbakır against Ms. Nurcan Baysal on the accusation of “inciting public to enmity and hatred” (Article 216 of the Criminal Code). The accusation is based on Ms. Baysal’s social media posts [1],which include letters from prisoners, news articles and her opinions on authorities’ response to coronavirus, expression of solidarity with the recently convicted human rights defender Raci Bilici [2] and, finally, calls from prisoners’ families on inadequate conditions in prisons against coronavirus. Some of her social media posts also include a link to her article published on Ahval news website [3] about the anti-coronavirus measures taken in her hometown, Diyarbakır.

On March 30, 2020, upon the request of the Cyber Crimes Division, Ms. Nurcan Baysal went with her lawyer to the Cyber Crimes Division of the Police Directorate in Diyarbakır and gave her statement about the accusation. An official procedure for police custody was followed after her statement at the Police Directorate, but she was not physically taken into police custody due to coronavirus risk. Ms. Baysal was asked to show up at the Prosecutor’s Office again on March 31, 2020.

On March 31, 2020, Ms. Nurcan Baysal was interrogated by the Prosecutor, who referred her case to the 3rd Peace Judgeship, requesting imposition of judicial controls on her. The judge refused the prosecutor’s request on the grounds that she is a journalist and that she declared exercising her right to inform the public and ordered her release. Subsequently, Ms. Nurcan Baysal was released from police custody. The investigation against Ms. Nurcan Baysal is still pending, and the Prosecutor will decide to whether file a lawsuit against her in the upcoming period.

The Observatory firmly condemns the judicial harassment of Ms. Nurcan Baysal, which seems to be only aimed at sanctioning her legitimate human rights activities and exercise of freedom of expression. The Observatory calls on the Turkish authorities to immediately put an end to any act of harassment, including at the judicial level, against Ms. Nurcan Baysal and all human rights defenders in Turkey.

Actions requested:

Please write to the authorities of Turkey asking them to:

i. Put an end to all forms of harassment, including at the judicial level, against Ms. Nurcan Baysal and against all human rights defenders in Turkey, and stop using coronavirus related actions as a means to crackdown on human rights defenders, including journalists;

ii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its Articles 1 and 12;

iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Turkey.

Addresses:

• President of the Republic of Turkey, Recep Tayyip Erdoğan, Fax: +90 (312) 525 58 31. Email: contact@tccb.gov.tr
• Minister of Justice, Mr. Abdülhamit Gül. Email: info@adalet.gov.tr. Fax: +90 (0312) 419 33 70
• Minister of Interior, Mr. Süleyman Soylu. Email: diab@icisleri.gov.tr; sti@icisleri.gov.tr
• Ambassador Mehmet Kemal Bozay, Diplomatic Mission of Turkey to the European Union in Brussels, Belgium. Fax: + 32 2 511 04 50. Email: info@turkdeleg.org; tr-delegation.eu@mfa.gov.tr
• Ambassador Mr. Sadık Arslan, Permanent Mission of Turkey to the United Nations in Geneva, Switzerland. Email: turkey.unog@mfa.gov.tr

Please also write to the diplomatic missions or embassies of Turkey in your respective country.

***
Paris-Geneva, April 2, 2020

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to intervene to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:
• E-mail: Appeals@fidh-omct.org
• Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
• Tel and fax OMCT + 41 22 809 49 39 / + 41 22 809 49 29