Arbitrary detention of members of IHD Ms. Seher Acay, Mr. Fevzi Adsiz, Mr. Ziya Baği, and Mr. Mahmut Bingöl

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URGENTAPPEAL - THE OBSERVATORY

TUR 008 / 1216 / OBS 103

Arbitraryarrest /

Arbitrarydetention /

Denial ofaccess to lawyers

Turkey

December 7,2016

The Observatory for the Protection of Human RightsDefenders, a partnership of FIDH and the World Organisation Against Torture(OMCT), requests your urgent intervention in the following situation in Turkey.

Description of the situation:

The Observatory has been informed by reliable sources aboutthe arbitrary detention of Ms. SeherAcay, representative of the Mardin Branch of the Human RightsAssociation (IHD), as well as of Mr. Fevzi Adsiz, Mr. Ziya Baği, andMr. Mahmut Bingöl, members of IHD. The four lawyers are also affiliatedto the Association of Jurists of Mesopotamia (MHD)[1].

According to the informationreceived, on November 21, 2016, the four human rights lawyers were arrested andhave been detained since then at the headquarters of the anti-terror police inthe city of Mardin, on the basis of an arbitrary decision issued by PublicProsecutor Vural Eker. As of issuing this Urgent Appeal, the four detaineeshave not had access to their lawyers and no formal charges have yet been filedagainst them. However, the local press has reported that their arrest anddetention would be linked to their activities as counsels of the city ofMardin, the mayor of which as been detained since November 21, 2016, onaccusations of being linked to the PKK.

In addition, it has been reportedthat the four lawyers are being held in a department together with 186 persons,and are more specifically detained with five other individuals in a celldesigned for two persons. As a result, the nine cannot lie down and rest as thecell is too crowded. Besides, they have been denied the right to undergo amedical checkup in the jail, and the prison doctor was reportedly summonsed tothe Anti-Terror Headquarters in relation with their case. So far, the Presidentof the Mardin Bar Association Celebi Araz visited them in jail, but they havebeen denied access to the legal counsel of their choice.

The Observatory strongly condemnsthe arrest and detention of Ms. Seher Acay, Mr. Mahmut Bingöl,Mr. Fevzi Adsiz and Mr.Ziya Baği and urges the Turkish authorities to immediately and unconditionallyrelease them as their detention appears to be a form of retaliation for theirhuman rights activities.

Until they are released, theObservatory calls upon the Turkish authorities to ensure the physical andpsychological integrity of the four defenders as well as that any proceedingsagainst them are carried out in full compliance with their right to a fairtrial, as protected under international law, which includes access to their lawyers.

Actionsrequested:

Please writeto the authorities of Turkey asking them to:

i. Immediately and unconditionally release Ms. Seher Acay, Mr. MahmutBingöl, Mr. Fevzi Adsizand Mr. Ziya Baği astheir detention is arbitrary since it only aims at sanctioning their humanrights activities;

ii.Guarantee in all circumstances their physical and psychological integrity, aswell as that of all human rights defenders in Turkey;

iii. Put an end to all forms of harassment, againstMs. Seher Acay, Mr. MahmutBingöl, Mr. Fevzi Adsizand Mr. Ziya Baği andall human rights defenders in the country so that they are able to carry outtheir work without hindrance;

iv. Complywith all the provisions of the UN Declaration on Human Rights Defenders,adopted by the United Nations General Assembly on December 9, 1998, inparticular with its Articles 1, 5(b), and 12.2;

v. Guaranteethe respect of human rights and fundamental freedoms in accordance with the UniversalDeclaration on Human Rights and other international human rights instrumentssigned or ratified by the Turkey.

Addresses:

· Presidentof Turkey, Recep Tayyip Erdoğan, Cumhurbaşkanlığı Külliyesi 06560Beştepe-Ankara, Tel: (+90 312) 525 55 55, Fax: (+90 312) 525 58 31, E-mail:contact@tccb.gov.tr
· Prime Minister of Turkey, Mr. Binali Yıldırım tel: (0312) 422 10 00 ;Fax: +90 (312) 403 62 82
· Minister of Foreign Affairs, Mr. Mevlüt Çavuşoğlu, No: 8 Balgat / Ankara- Turkey 06100; Tel : +90 (312) 292 10 00; Web: www.mfa.gov.tr/contact-us.en.mfa; Twitter: twitter.com/MFATurkey
· Minister of Justice, Mr. Bekir Bozdağ, 06659 Kizilay, Ankara; Tel: +90(312) 417 77 70; Fax: +90 (0312) 419 33 70; E-mail: info@adalet.gov.tr
· Minister of Interior, Mr. Süleyman Soylu ; tel: +90 (312) 422 40 00;Fax:+90 (312) 425 61 30;Email: ozelkalem@icisleri.gov.tr
· Ambassador Izzet Selim Yenel, Diplomatic Mission of Turkey to the EuropeanUnion in Brussels, Avenue des Arts 36-38, 1000 Bruxelles, Belgium; Fax: + 32 2511 04 50
· Ambassador Mehmet Ferden Çarikçi, Permanent Mission of Turkey to the UnitedNations in Geneva, Chemin du Petit-Saconnex 28B 1211 Geneva 19, Tel: +41 22 91850 80; Fax: +41 22 734 08 59; Email: mission.turkey@ties.itu.int

Please also write to the diplomatic missions or embassies ofTurkey in your respective country.

***

Paris-Geneva,December 7, 2016

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and OMCT. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. FIDH and OMCT are bothmembers of ProtectDefenders.eu, the European Union Human Rights DefendersMechanism implemented by international civil society.

To contactthe Observatory, call the emergency line:

· E-mail: Appeals[at]fidh-omct.org

· Tel and fax OMCT + 41 22 809 49 39 /+ 41 22 809 49 29

· Teland fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80

[1] The MHD was closed down by Decree Law onNovember 24, 2016.