Arbitrary arrest of Ms. Vetha Aydin and Mr. Abdullah Gürgen - TUR 001 / 0310 / OBS 040

19/03/2010
Urgent Appeal

The Observatory has been informed by reliable sources about the arbitrary arrest of Ms. Vetha Aydın and Mr. Abdullah Gürgen, respectively President and Board Member of the Siirt branch of the Human Rights Association (İnsan Haklari Derneği - İHD) in Turkey.

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

According to the information received, on March 16, 2010, Ms. Vetha Aydın and Mr. Abdullah Gürgen were arbitrarily arrested at their houses in Siirt by the Anti-Terror Unit of the police who were in possession of a warrant from the Diyarbakır Special Prosecution, as part of the ongoing anti-terror operation in Turkey in the framework of the so-called war on terrorism. The exact charges brought against them are unknown until now. They were detained at the police headquarters in Siirt.

On March 17, 2010, Mr. Abdullah Gürgen was released from the Siirt police headquarters at around 2 pm. However, as of issuing this Urgent Appeal, Ms. Vetha Aydın remained detained at the police headquarters in Siirt.

After the arrest, on March 16, between 5:30 am and 8:30 am, the police raided the offices of IHD Siirt branch. They searched for information concerning the activities of the association and its members. The police filmed with a camera all of the membership registration forms and confiscated some of the association’s hard disk, files and CDs. They also confiscated some letters sent by prisoners regarding to human rights violations faced in detention.

The Observatory denounces the continuing policy of arbitrarily arresting human rights defenders in Turkey, and particularly IHD members, which seems to merely aim at sanctioning their human rights activities. To that extent, the Observatory recalls that other IHD members, Ms. Filiz Kalayci, Messrs. Hasan Anlar, Halil İbrahim Vargün and Murat Vargün, were arrested on May 12, 2009 after their offices and homes had been raided by the police. Ms. Filiz Kalayci was detained in Sincan’s Women Prison in Ankara until January 28, 2010. The four human rights defenders remain reportedly prosecuted for “aiding illegal organisations”. The next hearing was scheduled for June 10, 2010[1].

The Observatory also recalls that on December 24, 2009, Mr. Muharrem Erbey, IHD General Vice Chairperson and Chairperson of its Diyarbakir Province branch, was also arrested as part of the ongoing anti-terror operation for “being a member of an illegal organisation”. He is currently detained in Diyarbakır D-Type prison and is still awaiting trial[2].

Accordingly, the Observatory calls upon the Turkish authorities to put an end to the continuing harassment against all members of IHD, and urges the Turkish authorities to release Ms. Vetha Aydın and Mr. Muharrem Erbey immediately and unconditionally since their detention is arbitrary.

The Observatory also calls upon the Delegation of the European Commission in Turkey and embassies of European Union member States to visit Ms. Vetha Aydın and Mr. Muharrem Erbey in detention and observe any forthcoming court hearing, in accordance with the Guidelines of the European Union on Human Rights Defenders.

Actions requested:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Vetha Aydın, Ms. Filiz Kalayci, Messrs. Abdullah Gürgen, Hasan Anlar, Halil İbrahim Vargün, Murat Vargün and Muharrem Erbey as well as all other human rights defenders in Turkey;

ii. Release Ms. Vetha Aydın and Mr. Muharrem Erbey immediately and unconditionally since their detention is arbitrary as it only aim at sanctioning their human rights activities;

iii. Put an end to all acts harassment, including at the judicial level, against all members of IHD as well as against all human rights defenders in Turkey;

iv. Comply with the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

Addresses :

· President of Turkey, Mr. Abdullah Gül, Cumhurbaskanligi 06100 Ankara, Turkey; Fax: +90 312 468 5026; Email: cumhurbaskanligi@tccb.gov.tr

· Prime Minister, Mr. Recep Tayyip Erdogan, Office of the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476; receptayyip.erdogan@basbakanlik.gov.tr

· Deputy Prime Minister and State Minister for Human Rights, Mr. Cemil Çiçek Fax: 00 90 312 417 42 06

· Interior Minister, Mr. Beşir Atalay, Ministry of Interior, Içisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696, besir.atalay@icisleri.gov.tr

· Justice Minister, Mr. Sadullah Ergin, Ministry of Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26

· Foreign Minister Mr. Ahmed Davudoglu , Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11

· Ambassador, Mr. Ahmet Üzümcü, Permanent Mission of Turkey to the United Nations in Geneva, Ch. du Petit-Saconnex 28b - CP 271, CH-1211, Geneva 19, Switzerland, E-mail: mission.turkey@ties.itu.int, Fax: +41 22 734 08 59

· Diplomatic Mission of Turkey to the European Union in Brussels, avenue Louis Lepoutre, 99, 1050 Bruxelles, Belgium, Fax: + 32 2 340 98 79.

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

***

Paris-Geneva, March 19, 2010

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