Turkey: Joint trial observation report on the case of Kurdish human rights defenders and IHD members Eren Keskin Güllistan Yarkın

Paris-Geneva, August 28, 2024 – On February 27, 2024, observers from the Observatory and OIAD attended the first trial of the criminal case against Eren Keskin, Kurdish human rights defender, lawyer and Co-chair of IHD, and Güllistan Yarkın, Kurdish human rights defender, researcher and member of IHD’s Commission against Racism and Discrimination. The trial was held before the Istanbul 51st Criminal Court of First Instance.

Both defenders were accused under the notorious Article 301 of the Turkish Criminal Code, which states that anyone who “publicly denigrates Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years.” These charges stemmed from an anonymous complaint submitted to the Turkish Presidency’s Web Communication Centre (CIMER) concerning IHD’s 2021 statement on the Armenian Genocide.

The trial followed standard legal procedures, with both defendants and their legal representatives presenting their arguments. However, the very existence of such indictments raises serious concerns about the state of freedom of expression in Turkey, especially targeting journalists, writers, human rights defenders and lawyers. It also illustrates how Article 301 is often abused to suppress freedom of expression and silence critical voices on sensitive historical issues, and particularly the Armenian Genocide, despite amendments made to the provision following European Court of Human Rights judgments finding the scope of terms under Article 301, as interpreted by the judiciary, too vague and wide.

Ms Keskin and Ms Yarkın were ultimately acquitted in the third hearing, on May 2, 2024. Despite their acquittal the prosecution’s appeal against this decision on May 21, 2024 underscores the persistent judicial harassment faced by human rights defenders and lawyers in Turkey. These violations of the right to freedom of expression also have a chilling effect on civil society, signaling to other human rights defenders and lawyers, civil society actors and the broader public that they may also face judicial harassment based on spurious accusations if they publicly disagree with the state’s denial policy concerning the Armenian Genocide.

For nearly two decades, the IHD has been advocating for the recognition of the Armenian Genocide in Turkey, consistently organising commemoration events calling for recognition, apology, and compensation. The charges against their two members highlight the broader pattern of legal challenges faced by the IHD. IHD former co-chair Öztürk Türkdoğan previously faced Article 301 charges in relation to an article titled “Stop Denying the Armenian Genocide for Justice and Truth” published by IHD on its website on April 24, 2017 and was later acquitted. Eren Keskin also faced criminal charges prior to this case on the basis of Article 301. In 2015, she was sentenced to 10 months of imprisonment due to her statement accusing the state of the murder of 12 years old Ugur Kaymaz and asking for accountability in a conference. In 2018, Keskin was again sentenced under Article 301, among others, due to her role as editor-in-chief of the Özgür Gündem newspaper, a position she assumed symbolically as an act of solidarity for imprisoned journalists and support for freedom of expression. Between 2017 and 2024, eight separate statements by the Diyarbakır Bar Association on the Armenian Genocide were subject to investigations under Article 301. The members of the Executive Board of the Bar Association faced a total of six criminal cases as a result, with four of the cases ending in acquittal. Two cases are ongoing.

Article 301 and judicial harassment are not the only means used by Turkey to suppress public debate about the Armenian Genocide. In May 2024 Açık Radyo an independent radio station, faced an administrative fine and 5-day broadcasting suspension due to the decision of the Radio and Television Supreme Council, Turkey’s media regulator, after a guest referred to the Armenian Genocide on air. In July 2024, The Supreme Council revoked the broadcasting license of Açık Radyo on the grounds that the radio station continued broadcasting.

The Observatory and the OIAD urge the authorities to cease all forms of harassment against Eren Keskin, Güllistan Yarkın, and other human rights defenders and lawyers, and to ensure their right to freedom of expression, particularly in relation to the Armenian Genocide. They also call on international organisations, including the Parliamentary Assembly and the Committee of Ministers of the Council of Europe; UN High Commissioner for Human Rights, UN Special Rapporteur on freedom of opinion and expression, UN Special Rapporteur on the Situation of Human Rights Defenders, UN Special Rapporteur on the independence of judges and lawyers, and all the relevant EU bodies, to monitor and condemn any violations against human rights defenders and lawyers, and to advocate for their protection in Turkey.

Read the full report on the OMCT website, FIDH website, and on the OIAD website.