The purpose of the case against HRFT is to suspend the nine Executive Board members of the foundation. Many representatives from European embassies were also present in the audience. The case was deferred until 20 January on the grounds that information on the first charge (see below) of collecting contributions via the Internet was insufficient.
The HRFT has since 1990 reported and documented human rights violations in Turkey, in addition to operating rehabilitation centres for torture victims. HRFT, and its executive officers and members have been intimidated, harassed, arrested and sentenced, and its offices and rehabilitation centres have been closed from time to time.
However, this is the first time that the Turkish authorities have tried to effectively close down the foundation and stop its activities, by suspending all its executive officers. In addition, a criminal investigation has been started by the Public Prosecutor. This attempt to close down HRFT’s activities was initiated by the General Director of Foundations, appointed by the present Government. It is astonishing that at this very time, amid the declarations of the Turkish Government about freedom of expression and the importance of a strong civil society, the authorities have seen it fit to institute proceedings to close down the HRFT.
A report has been prepared by the Government’s General Directorate of Foundations, to support the case for closing down the HRFT. The following was contained in the conclusion of the report, to support the demand for closing down the HRFT:
* HRFT attempted to collect contributions via internet (in support of HRFT’s studies on the treatment of hunger strikers).
* A report on “The Prison Problem in Turkey” was translated into English and disseminated abroad.
* A meeting was held with Asma Jahangir, UN Special Rapporteur on extrajudicial executions, and she was provided with files related to missing persons and extrajudicial executions.
* A meeting was also held with Johannes Svoboda, Rapporteur on Turkey in the European Parliament, and he was provided with a file on the F-type prisons.
* A meeting was held with the Council of Europe Commissioner for Human Rights, and the Commissioner was provided with information on a 9 months evaluation of the human rights situation in Turkey, and with notes on enforced displacement.
It is with deep regret our organisations note the discrepancy between Turkey’s commitment to fully comply with European standards, and the Turkish authorities’ attempts to shut down HRFT. Our organisations note with deepest concern that holding meetings with international governmental organisations can be considered as a ground for suspension and for opening criminal investigations against a human rights organisation.
The above-mentioned organisations, who will continue to follow this case with a particular attention, urge the Turkish authorities to:
1. instruct the General Directorate of Foundations to drop the case before the court against the nine Executive Board members,
2. ensure that the intimidation and harassment of HRFT and its executives and members will stop forthwith, e.g by issuing instructions to the General Directorate of Foundations, to make it aware of Turkey’s commitments to observe in practice European human rights standards,
3. drop the criminal investigation which has started,
4. urgently comply with the accession criteria to join the European Union, by ensuring the adoption of remaining legislative reforms, including the laws on foundations and associations, and the effective implementation of all reforms,
5. more generally conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly n December 1998, as well as regional and international instruments ratified by Turkey.
We also urge the European Union to :
1. monitor the cases against HRFT, including by sending EU observers to any continued court hearings,
2. make representations to the Turkish Government, reminding it of its commitments towards the EU, and the importance cases such as the present one will have when determining by the end of 2004 Turkey’s compliance with the Copenhagen criteria,
3. examine the contents and effectiveness of human rights training programmes financed by the EU.