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), has received new information and requests your urgent intervention in the following situation in Turkey.
New information:
According to the information received, on June 1, 2012, Ms. Roza Erdede was released on bail pending the outcome of the trial on terrorism charges. The trial shall resume on June 29, 2012.
While the Observatory welcomes this positive development, it notes that she continues to be subjected to judicial harassment. Moreover,, the Observatory recalls that two other İHD members are still in pre-trial detention in the same case: Mr. Muharrem Erbey, İHD General Vice Chairperson and Chairperson of its Diyarbakir Province branch, and Mr. Arslan Özdemir, İHD member in Diyarbakır.
Accordingly, the Observatory calls upon the Turkish authorities to put an end to the continuing judicial harassment of human rights associations and defenders, and urges the Turkish authorities to immediately and unconditionally release Messrs. Muharrem Erbey and Arslan Özdemir since their detention is arbitrary as its only purpose seems to be the silencing of their human rights activities.
Background information:
Ms. Roza Erdede, Mr. Muharrem Erbey and Mr. Arslan Özdemir, were arrested respectively on April 14, 2010 and on December 23, 2009, by the Anti-Terror Units as part of an operation launched in 11 Turkish provinces to dismantle a so-called “terrorist network” - the Kurdish Communities Union (KCK) - an organisation considered by the Turkish authorities to be the “urban branch” of the armed Kurdistan Workers Party (PKK). They are among 152 Kurdish civil society figures under trial in this case.
On June 18, 2010, the three were formally indicted for “being member[s] of an illegal organisation” pursuant to Article 314 of the Criminal Code, with reference to Article 220/6 of the Criminal Code in the Law No. 5237, punishable by 7,5 to 15-year prison sentence. From the record of Mr. Erbey’s interrogation it appeared however that he had been imprisoned and indicted on the basis of his work with the İHD, and in his capacity as human rights lawyer. The trial opened before the Sixth Special Heavy Penal Court of Diyarbakır on October 18, 2010.
The investigation and trial have raised a series of fair trial concerns, including: illegal surveillance and tapping, prolonged pre-trial detention and limited access, by the defendants and their lawyers, to the evidence against them. The trial has been delayed in part because the court has consistently denied many of the defendants their rights to address the court in Kurdish, their mother-tongue, and because the court refused to examine the defendants’ conditions of detention.
Actions requested:
i. Guarantee in all circumstances the physical and psychological integrity of Ms. Roza Erdede and Messrs. Muharrem Erbey and Arslan Özdemir,as well as all other members of İHD, and in general, of all human rights defenders in Turkey;
ii. Release immediately and unconditionally Messrs. Muharrem Erbey and Arslan Özdemir since their detention is arbitrary as it only aims at sanctioning their human rights activities;
iii. Put an end to all acts harassment, including at the judicial level, against Messrs. Muharrem Erbey and Arslan Özdemir and Ms. Roza Erdede as well as against all other members of İHD, and, in general, against all human rights defenders in Turkey;
iv. Comply with the provisions of the United Nations 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 Responsible for Counter-Terrorism and 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.
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Paris-Geneva, June 7, 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