Dear Sir,
The International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT) in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, and the Berlin Treatment Center for Torture Victims (BZFO) would like to express their particular concerns about the trial against psychiatrist Dr. Alp Ayan and Mrs. Günseli Kaya, both members of the Human Rights Foundation of Turkey (HRFT) Izmir. The organizations sent observers to the last hearing held on Monday 26 January 2004, before the Aliaga first instance Penal Court.
The defendants were charged with "attacking the gendarmes with stones and bottles" and "resisting and opposing through violent means" pursuant to Articles 32/1 and 32/3 of the Law 2911 on Meetings and Demonstrations for having attended, the funeral of Nevzat Ciftci on 30 September 1999. Mr. Ciftci was one of the prisoners killed during the military operation in Ankara Ulucanlar prison on 26 September 1999. According to testimonies, the gendarmerie, set up barricades at the village entrance and violently attacked the group to prevent them from attending the funeral. At least 69 individuals were arrested, beaten and detained, and fourteen individuals were remanded, including Dr Alp Ayan and Mrs. Günseli Kaya, who then spent 4 months in detention.
The observers sent by both organisations reported several violations of the right to a fair trial. The Observatory and the BZFO are extremely concerned by the tribunal’s disregard for the evidence in the file, including the video material clearly demonstrating that the defendants did not violate Law 2911.
In addition, both organisations consider that the duration of the trial, over a period of 4 years, demonstrates the inability of Turkey’s judiciary to comply with the reasonable time guaranteed under the provisions of article 6(1) of the ECHR.
The Observatory recalls that as a State party to the ECHR, Turkey must organize its legal system so that the courts fully comply with the provisions of the ECHR as well as other treaties to which Turkey is a State Party.
Furthermore, the two organizations would like to recall that under Article 25 and 26 of the Turkish Constitution1 as well as Article 10 of the ECHR,2 Turkey has an obligation to guarantee its citizens the right to freedom of association and peaceful assembly. In addition, article 5.a of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on 9 December 1998, states that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: a) To meet or assemble peacefully."
The Observatory and the BZFO condemn the use of Law 2911 as a tool to repress non-violent demonstrations and prevent human rights defenders from expressing their opinions and voicing their concerns about State policies and the excessive use of force by security forces, including the use of torture against prisoners during the military operations in the Turkish prisons. The Human Rights Association of Turkey figures indicate that, in the first nine months of 2003, 26 demonstrations were banned or restricted.
The FIDH the OMCT and the BZFO strongly urge the Turkish authorities:
1.to ensure that the defendants’ rights to a fair trial are protected, pursuant to Turkey’s international obligations; and Dr Alp Ayan, Günseli Kaya and the other defendants are acquitted (the next hearing has been postponed to February 13, 2004, at 11 a.m);
2.to amend Law 2911 on Meetings and demonstrations in line with the international conventions;
3.to guarantee the right to freedom of association and peaceful assembly enshrined in article 20 of the Universal Declaration of Human Rights of 1948 as well as article 22 of the International Covenant on Civil and Political Rights of 1966, signed by Turkey on 15 August 2000 and article 5 of the UN Declaration on Human Rights Defenders of 1998.
In the hope you will take these considerations and requests into account,
We remain,
Sidiki KABA
Président de la FIDH
Eric SOTTAS
Directeur de l’OMCT
Britta Jenkins
BZFO