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URGENT APPEAL - THE OBSERVATORY

New information

TUR 005 / 0717 / OBS 078.6

Provisional release /

Arbitrary detention /

Judicial harassment /

Restriction to freedomof movement

Turkey

October 27, 2017

The Observatory for the Protection of HumanRights Defenders, a partnership of FIDH and the World Organisation AgainstTorture (OMCT), has received new information and requests your urgentintervention in the following situation in Turkey.

Newinformation:

TheObservatory has been informed by reliable sources about the provisional releaseof Ms. Nalan Erkem, lawyer with theCitizens’ Assembly[1],Ms. İlknur Üstün, member of theWomen’s Coalition, Mr. Veli Acu, member of the Human Rights AgendaAssociation, Ms. Idil Eser,Director of Amnesty International Turkey, Ms. Özlem Dalkıran, member of the Citizens’ Assembly, Mr. Günal Kurşun, former Chairpersonand lawyer with the Human Rights Agenda Association, Mr. Ali Gharawi andMr. Peter Steudtner, security consultants, as well as theirongoing judicial harassment together with Mr. Nejat Taştan, member of the Association for Monitoring EqualRights, and Mr. Şeyhmus Özbekli, trainee lawyer and member of the RightsInitiative. The Observatory has also been informed about the ongoingarbitrary detention and judicial harassment of Mr. Taner Kılıç, founding member of Amnesty InternationalTurkey, and Chair of its Board of Directors since 2014.

According to the information received, on October 25, 2017, the HeavyPenal Court in Istanbul ordered the provisional release of Mr. Veli Acu, Ms.Idil Eser, Ms. Özlem Dalkıran, Mr. Günal Kurşun, Mr. Ali Gharawi, Mr. PeterSteudtner, Ms. Nalan Erkem and Ms. İlknur Üstün. However, the court ordered a travelban against Ms. Özlem Dalkıran, Mr. Veli Acu, Mr. Nejat Taştan and Mr. ŞeyhmusÖzbekli.

Additionally, the Court subjected Ms. Özlem Dalkıran and Mr. Veli Acu toa judicial control. They both have to report twice a month to policestations. The judicial control over Mr.Nejat Taştan and Mr. Şeyhmus Özbekli was also lifted on October 25, 2017,however, police stations were only notified of the lift on October 27, 2017.

Charges of “assisting an armed terrorist organisation” under Articles314.2, 314.3, 220.6, 53.1 and 58.9 of the Turkish Penal Code as well asArticles 3 and 5 of the Anti-Terror Law n°3713 are still pending against Mr.Veli Acu, Ms. Idil Eser, Ms. Özlem Dalkıran, Mr. Günal Kurşun, Mr. Ali Gharawi,Mr. Peter Steudtner, Ms. Nalan Erkem, Ms. İlknur Üstün, Mr. Nejat Taştan andMr. Şeyhmus Özbekli. The next hearing is scheduled on November 22, 2017. Ifconvicted they are facing 15 years imprisonment.

In addition, on October 26, 2017, a Court in Izmir ordered the continuedpre-trial detention of Mr. Taner Kılıç, pending furtherinvestigation. Mr. Taner Kılıç who has been detained since June 6, 2017[2], isbeing prosecuted under charges of “assisting an armed terrorist organisation”alongside the ten human rights defenders as well as under charges of“membership of an armed terrorist organisation” under articles 314.2, 53.1,314.3 and 63.1 of the Turkish Penal Code as well as Articles 3 and 5 of theAnti-Terror Law n°3713. He is facing 15 years’ imprisonment. As both, the HeavyPenal Court in Istanbul and Izmir’s Court accepted the Prosecutor’s request tomerge Mr. Taner Kılıç’s case to this of the ten human rights defenders, thenext hearing in his case will take place on November 22, 2017 in Istanbul.

The Observatory urges Turkish authorities to immediately and unconditionallyrelease Mr. Taner Kılıç and to put an end to all forms of harassment,including at the judicial against him and Mr. Veli Acu, Ms. Idil Eser, Ms.Özlem Dalkıran, Mr. Günal Kurşun, Mr. Ali Gharawi, Mr. Peter Steudtner, Ms.Nalan Erkem, Ms. İlknur Üstün, Mr. Nejat Taştan and Mr. Şeyhmus Özbekli, whichonly aim at silencing their peaceful and legitimate human rights activities, inthe context of an ongoing crackdown against human rights defenders in Turkey.

The Observatory also urges the Turkish authorities to lift the travel banin force against Ms. Özlem Dalkıran and Mr. Veli Acu.

Backgroundinformation:

On July 5, 2017, Ms. Nalan Erkem, Ms. Özlem Dalkıran, Ms. İlknur Üstün, Ms. Idil Eser, Mr. GünalKurşun, Mr. Veli Acu, Mr. Nejat Taştan, Mr. Şeyhmus Özbekli, Mr. AliGharawi and Mr. Peter Steudtner were arrested and detained in differentpolice stations across Büyükada, Istanbul, following a police raid during adigital security and information management workshop organised by the HumanRights Joint Platform[3] in Büyükada. The owner ofthe hotel where the workshop was being organised was also arrested and releasedon July 6, 2017.

UnderTurkey’s state of emergency, they were not given access to their lawyers andfamily for at least 24 hours. On July6, 2017, after 24 hours, their detention was extended for seven days.

On July 7, 2017, the ten human rights defenders were transferred toIstanbul Directorate of Security on Vatan street.

During a health control in Büyükada police stations, Mr. Günal Kurşun andMr. Veli Acu reported that they were handcuffed and that the doctor in chargedid not properly examine them, in violation of the United Nations Standard MinimumRules for the Treatment of Prisoners (the Nelson Mandela Rules[4]).

On July 10 and 11, 2017, Ms. Nalan Erkem, Ms. Özlem Dalkıran, Ms. İlknur Üstün, Ms. Idil Eser, Mr. GünalKurşun, Mr. Veli Acu, Mr. Nejat Taştan and Mr. Şeyhmus Özbekli’shouses were raided and searched by the police, who seized electronic equipmentincluding flash disks, external disks, CDs and sim cards. According to searchwarrants, the police were looking for evidence to substantiate the Prosecutor’sallegation of “meeting with a suspicion of terrorist activity”. However, due tothe confidentiality of the investigation neither copy of search warrants nor ofseized materials were given to their lawyers. Furthermore, some searches tookplace without the presence of lawyers. Ms. Nalan Erkem’s apartment search waspostponed until a representative of Istanbul Bar Association was able toassist, the next morning. Likewise, Mr. Nejat Taştan was briefly taken out ofcustody to open the door of his apartment in order to allow police search.Despite his objection, they carried out the search without the presence of alawyer.

On July 11, 2017 Istanbul’s Terror and Organised Crime InvestigationBureau’s Prosecutor extended the pre-trial detention period of the ten humanrights defenders for seven more days to complete his investigation. TheProsecutor also ordered the confidentiality of the investigation, thuspreventing lawyers to access the files.

On July 18, 2017, the Public Prosecutor at Çağlayan Court House formallycharged the ten human rights defenders on charges of “committing a crime in thename of a terrorist organisation without being a member”. However, neither theProsecutor nor the Judge referred to any specific organisation nor to anycriminal provision. Moreover, as the investigation remained confidential for awhile, lawyers could not access their clients’ files.

Despite the request of the Prosecutor to indict and place in pre-trial detentionall ten human rights defenders on July 17, 2017, the Court ordered the releaseon judicial control of Ms. Nalan Erkem, Ms. İlknur Üstün, Mr. Nejat Taştan andMr. Şeyhmus Özbekli. Yet on July 21, 2017, the Public Prosecutor at ÇağlayanCourt House ordered their re-arrest. Ms. Nalan Erkem and Ms. İlknur Üstün werearrested on July 22, 2017 at midnight.

On July 24, 2017 afternoon, Mr. Nejat Taştan went to the Prosecutor’s Officein Istanbul, and had to wait until 3 am on July 25 at the İstanbul Courthouse,which eventually ordered his release on judicial control[5].

On July 25, Mr. Şeyhmus Özbekli appeared at the Diyarbakır Court House,where the Judge also ordered his release on judicial control. They were bothunder obligation to show up at the police station twice a week and a travel banwas imposed on them.

On August 1, 2017, the Criminal Court of Peace in Istanbul refused torelease Mr. Ali Gharavi, Mr. Peter Steudtner, Mr. Günal Kurşun, Mr. Veli Acu,Ms. Özlem Dalkıran, and Ms. İdil Eser.

Respectively on July 18, 2017, Mr. Veli Acu and Mr. Günal Kurşun, on July31, 2017, Ms. Idil Eser, Ms. Özlem Dalkıran and Ms. Nalan Erkem, and on August1, 2017 Mr. Ali Gharawi and Mr. Peter Steudtner were transferred to Silivriprison in Istanbul.

On October 16, 2017, the Heavy Penal Court in Istanbul accepted the billof indictment against the ten human rights defenders initially issued onOctober 4, 2017 by Istanbul Chief Public Prosecutor’s Office. The ten humanrights defenders were charged with “assisting an armed terrorist organisation”under Articles 314.2, 314.3, 220.6, 53.1 and 58.9 of the Turkish Penal Code aswell as Articles 3 and 5 of the Anti-Terror Law n°3713, and requested 15 years’imprisonment against them.

On October 16, 2017, the case of Mr. Taner Kılıç was merged to thisindictment who is, in addition to the above-mentioned first set of charges,accused of “membership of an armed terrorist organisation” under articles 314.2,53.1, 314.3 and 63.1 of the Turkish Penal Code as well as Articles 3 and 5 ofthe Anti-Terror Law n°3713.

The bill of indictment was not immediately notified to the human rightsdefenders and their lawyers, who were first informed through the media onOctober 8, 2017. Their lawyers were notified of the indictment on October 16,2017.

The ten human rights defenders have more generally been the target of anextensive smear campaign accusing them of “planning to fuel unrest acrossTurkey” in certain segments of Turkish media.

On July 14, 2017, United Nations (UN) human rights experts Ms. Annalisa Ciampi,Special Rapporteur on the rights to freedom of peacefulassembly and association, Mr.Michel Forst, Special Rapporteur on the situation of humanrights defenders, Mr. JoséAntonio Guevara Bermúdez, current Chair-Rapporteur of the WorkingGroup on Arbitrary Detention, and Mr.Diego García-Sayán, Special Rapporteur on the independenceof judges and lawyers, publicly called for therelease of the ten defenders[6].

Actionsrequested:

Please write to theauthorities in Turkey, urging them to:

i. Immediately and unconditionallyrelease Mr. Taner Kılıç as hisdetention is arbitrary since it only aims atpunishing him for his legitimate human rights activities;

ii. Put an end to all acts ofharassment, including at the judicial level, against Mr. Veli Acu, Ms. Idil Eser, Ms. Özlem Dalkıran, Mr.Günal Kurşun, Mr. Ali Gharawi, Mr. Peter Steudtner, Ms. Nalan Erkem, Ms. İlknur Üstün, Mr.Nejat Taştan, Mr. Şeyhmus Özbekli and Mr. Taner Kılıç so that theyare able to carry out their legitimate activities without hindrance and fear ofreprisals;

iii. Lift the travel ban in force against Ms. Özlem Dalkıran, Mr. VeliAcu, Mr. Nejat Taştan and Mr. Şeyhmus Özbekli;

iv. Comply with all the provisionsof the United Nations Declaration on Human Rights Defenders, adopted by the UNGeneral Assembly on December 9, 1998, in particular its Articles 1, 6(a), 9, 11and 12.2;

v. Ensure in all circumstancesrespect for human rights and fundamental freedoms in accordance withinternational human rights standards and international instruments ratified byTurkey.

Addresses:

· President of Turkey, Recep Tayyip Erdoğan, Fax: (+90 312) 525 58 31

· Prime Minister of Turkey Binali Yıldırım, Fax: +90 (312) 40362 82 Email: ozelkalem@basbakanlik.gov.tr

· Minister of Justice, Mr.Bekir Bozdağ, Fax: +90 (0312) 419 33 70; E-mail: ozelkalem@adalet.gov.tr

· Minister of Interior, Mr. Süleyman Soylu; Fax: +90 (312) 425 61 30

· Ambassador Izzet SelimYenel, Diplomatic Mission of Turkey to the European Union in Brussels, Belgium;Fax: + 32 2 511 04 50

· Ambassador Mr. Ali NaciKoru, Permanent Mission of Turkey to the United Nations in Geneva, Switzerland,Fax: +41 22 734 08 59; Email: mission.turkey@ties.itu.int

Please also write to the diplomatic mission or embassy of Turkey in yourrespective country.

***

Paris-Geneva,October 27, 2017

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

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and the World Organisation Against Torture (OMCT). The objective of thisprogramme is to intervene to prevent or remedy situations of repression againsthuman rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European UnionHuman Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

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

· Tel and fax OMCT + 41 22 80949 39 / + 41 22 809 49 29

[1] The Helsinki Citizens’ Assembly is an NGO dedicatedto peace, democracy and human rights in Europe, working on the notions of fundamentalrights and freedoms, peace, democracy and pluralism.

[2] See Observatory Urgent Appeal TUR 003 / 0617 / OBS 064 published on June16, 2017.

[3] Citizens Assembly, Human Rights Agenda Associationand Amnesty Int. Turkey are members of the Human Rights Joint Platform.

[4] http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/175

[5] The Observatory underlines that Mr. NejatTaştan is a disabled person at 52%, which means that he needs careful treatmentand therefore his conditions could only worsen in detention.

[6] See OHCHR Statement, July14, 2017:

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21875&LangID=E