Following the third hearing, FIDH welcomes the filming of the proceedings, as transparency is an essential element to guarantee the fairness of the procedure. Nevertheless, FIDH Secretary General Florence Bellivier calls the Turkish authorities « to ensure full access to the documents related to the case to the lawyers of Dink’s family, in particular the results of the investigation into the behaviour of State security agents ».
In parallel to this case, FIDH wishes to express its satisfaction following the arrest, on January 22nd, and the opening of a judicial investigation against a group of ultra-nationalist individuals who would belong to the illegal paramilitary group Ergenekon. Among them is Mr. Veli Küçük, a retired general of the Turkish army.
Without prejudice to the results of the investigation, FIDH welcomes the opening of proceedings against individuals whose names have appeared repeatedly in a number of cases of political violence, notably the murder of Hrant Dink, the massacre of a Christian pastor and two of his practitioners in Malatya on April 18th 2007, and the killing of a Catholic Priest on February 4th 2006 in Trabzon. « FIDH hopes that these investigations will enable the determination of higher levels of responsibility in the instigation of these crimes, and break the cycle of political violence » said Secretary General Florence Bellivier.
Beyond the trial, the mission was an opportunity to discuss several of the main human rights violations that Turkey is facing today. In this respect, FIDH wishes to highlight the following:
The Kurdish Question.
FIDH and its member organisation the Human Rights Association (İnsan Hakları Derneği, IHD) express their deep preoccupation at the continuous human rights violations in the South-Eastern provinces. The organisations are particularly preoccupied by the bombing of civilian areas, in violation of fundamental principles of international human rights and humanitarian law. The organisations repeat their call to the authorities for a political and pacific settlement of the Kurdish Question, and urge the government to open talks with Kurdish organisations and civil society in this respect.
Freedom of opinion and expression.
FIDH repeats its call for the abolition of Article 301 of the Penal Code. Freedom of expression should not be criminalised and Turkey should conform with the recommendations addressed by all UN special rapporteurs and treaty bodies in this respect. Newspapers such as Free-Agenda (Özgür Gündem), documenting the situation of Kurdish or other minorities as well as the consequences of the conflict in the South East, should be able to publish their stories.
Situation of human rights defenders
FIDH is worried about the continuous harassment of human rights defenders, intellectuals and journalists who promote human rights. As documented by the Observatory for the protection of Human Rights defenders (FIDH-OMCT), Mr. Ethem Açikalin, the Chair of IHD’s section in Adana, as well as the former chair and an Administrator of the Ankara section remain under arbitrary detention. FIDH calls for their immediate release. FIDH further remains preoccupied at the judicial harassment against the Vice-President of the IHD, Ms Reyhan Yalçındağ, the pending court case to close down the Mersin section of IHD (in South Turkey, as well as with the prosecution of members of the National Commission on Human rights, professors Mr. Ibrahim Kaboglu and Mr. Baskin Oran, for having published a report on Minorities in Turkey. FIDH calls for the suspension of all charges in these trials.
Counter-terrorism and human Rights, use of torture.
FIDH is finally worried about information reported by its member organisation the Human Rights Foundation of Turkey, on the broad and vague definition of the acts defined under the Anti-terror Act, in violation of the principle of legality of the International Covenant on Civil and Political Rights. The organisations further deplore the continuous use of torture in impunity or the light sentences resulting from the few condemnations. They call upon the Turkish authorities to comply with the recommendations of the UN Independent Expert on counter-terrorism and human rights, as well as the UN Special Rapporteur on Torture.