Arbitrary arrests of Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil Ibrahim Vargün and Mr. Murat Vargün

May 12, 2009

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.

Brief description of the situation:

The Observatory has been informed by the Human Rights Association (İnsan Haklari Derneği - İHD) about searches of houses and offices and arbitrary arrests of four human rights lawyers, Mr. Hasan Anlar, IHD Deputy Secretary General, Ms. Filiz Kalayci, IHD Executive Committee member, Mr. Halil İbrahim Vargün, IHD former treasurer, and Mr. Murat Vargün. Mr. Anlar and Ms. Kalayci are also members of the IHD Commission of Prisons.

According to the information received, on May 12, 2009, in Ankara, the offices and homes of Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün were raided by officers of the Anti-Terror Unit of the police, who were in possession of a search warrant and a detention order against them. The four lawyers were immediately arrested and placed in police custody in the Anti-Terror Forces Unit detention centre. The terms of the detention order remained unknown as of issuing this urgent appeal. In accordance with the Code of Criminal Procedure or CMK No. 5271 dated 2004, their lawyers have not been allowed to access the police investigation file yet, but charges faced by the four human rights defenders include the offence of “aiding an illegal organisation”. They are to be presented to the Prosecutor’s Office within four days.

The Observatory fears Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün were placed under arrest because of their activities for the defence of prisoners’ rights. Indeed, this crackdown intervenes after the İHD published on February 6, 2009 a report on human rights violations in prisons of Turkey and made it public to draw attention on these violations. İHD has shared this report with the authorities. In addition, the four lawyers had been working on cases of human rights violations that occurred in detention, and as a consequence they often received letters of complaint from prison inmates.

Accordingly, the Observatory calls upon the Turkish authorities to release Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün in the absence of any valid ground for such detention, and to put an end to all kinds of harassment against them, İHD members in general, and other human rights defenders in Turkey, in accordance with the UN Declaration on Human Rights Defenders, adopted by the General Assembly on December 9, 1998.

The Observatory also urges the Turkish authorities to comply with the Declaration of the Committee of Ministers of the Council of Europe on Human Rights Defenders, so as to “create an environment conductive to human rights defenders, to take effective measures to protect, promote, and respect them, to ensure their access to effective remedies, to take action to prevent attacks and harassment against them”.

The Observatory further recalls that as a Participating State of the Organisation for Security and Cooperation in Europe (OSCE), Turkey acknowledges that “the [...] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”[1].

Actions required:

Please write to the Turkish authorities, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün and of all human rights defenders in Turkey;
2. Release Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün immediately and unconditionally since their detention is arbitrary as it seems to merely sanction their human rights activities;
3. Put an end to all acts harassment, including at the judicial level, against Mr. Hasan Anlar, Ms. Filiz Kalayci, Mr. Halil İbrahim Vargün and Mr. Murat Vargün, ÍHD members in general as well as against all human rights defenders in Turkey;
4. Comply with the provisions of the UN 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”;
5. 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 and State Minister for Human Rights, Mr. Cemil Çiçek Fax: 00 90 312 417 42 06
• Interior Minister, Mr. Beşir Atalay, Ministry of Interior, Içisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696, besir.atalay@icisleri.gov.tr
• 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. Ahmet Üzümcü, 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
• Diplomatic Mission of Turkey to the European Union in Brussels, avenue Louis Lepoutre, 99, 1050 Bruxelles, Belgium, Fax: + 32 2 340 98 79.

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

Paris-Geneva, May 12, 2009

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

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.