Turkey: Judicial harassment of human rights defender Metin Bakkalci

08/06/2012
Urgent Appeal

The Observatory has been informed by the Human Rights Association (İHD) about the judicial harassment faced by Mr. Metin Bakkalcı, Secretary General of the Human Rights Foundation in Turkey (HRFT) and Spokesperson of Peace Assembly, an organisation striving for a peaceful settlement of the Kurdish issue 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.

Description of the situation :

According to the information received, on May 31, 2012, Mr. Bakkalcı, together with Messrs. Mehmet Ali Aydın, Ahmet İlan and Züleyha Gülüm, were given notice that they had been formally charged with “opposing the Law No. 2911 on Meetings and Demonstrations”, which is punishable by 1 to 3-year prison sentences.

The indictment order refers to offences of “organising, leading and participating in an illegal meeting, demonstration or march” following their participation in a peaceful march held in Diyarbakır Province on January 11, 2011 to call for the respect for the right to use the Kurdish language and for the release of Kurdish public figures, including three human rights defenders detained and prosecuted in the framework of the “KCK main trial” in Diyarbakır [1]. The indictment order also accuses Mr. Bakkalcı of having made a speech in Kurdish. However, Mr. Bakkalcı only opened his speech, delivered in Turkish, saying: “I am sorry I cannot speak Kurdish. I know that some of you cannot understand Turkish but our mutual link is not language but connection of hearts that demands peace”.

On April 17, 2012, the Diyarbakır Penal Court of First Instance accepted the indictment order submitted to it by the Public Prosecutor on April 5, 2012. The four defendants are summoned to appear before the Penal Court of First Instance No. 3 to present their legal arguments.

The Observatory strongly denounces this new case of judicial harassment targeting a human rights defender, and calls upon the Turkish authorities to put an end to it as it seems to merely aim at sanctioning his human rights activities.

Actions requested:

The Observatory urges the authorities of Turkey to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Bakkalcı and in general, of all human rights defenders in Turkey;

ii. Put an end to all acts harassment, including at the judicial level, against Mr. Bakkalcı as well as against all human rights defenders in Turkey;

iii. Comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular 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”;

iv. 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 Responsible for Human Rights, Mr. Beşir Atalay, Email : besir.atalay@tbmm.gov.tr, Fax: 00 90 (312) 422 13 98

· Interior Minister, Mr. Idris Naim Şahin, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696

· 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. Oğuz Demiralp, 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

· Ambassador, Mr. Selim Kuneralp, Diplomatic Mission of Turkey to the European Union in Brussels, Avenue des Arts 36-38, 1000 Bruxelles, Belgium, Fax: + 32 2 511 04 50.

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

***

Paris-Geneva, June 8, 2012

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

To contact the Observatory, call the emergency line:

* E-mail: Appeals@fidh-omct.org


· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

* Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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