Ongoing judicial harassment of Ms. Sebnem Korur Fincancı (HRFT), Mr. Erol Onderoglu (RSF) and Mr. Ahmet Nesin

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URGENT APPEAL - THE OBSERVATORY

New information

TUR 004 / 0616 / OBS 049.3

Judicial harassment

Turkey
January 11, 2017

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

New information:

The Observatory has been informed byreliable sources about the ongoing judicial harassment of Ms. Şebnem Korur Fincancı,President of the Human Rights Foundation of Turkey (HRFT), Mr. ErolÖnderoğlu, Turkey Representative of Reporters Without Borders (RWB), andMr. Ahmet Nesin, journalist.

According to the information received, onJanuary 11, 2017, after a five minutes hearing, the Istanbul Caglayan 13thHeavy Penal Court postponed the hearing in the trial of the three human rightsdefenders[1]on charges of “provoking commission of anoffence”[2], “praisingthe offence and the offenders”[3] and “makingpropaganda of terrorist organisation through means of press”[4] to March 21,2017.

The Observatory recalls that the threeface possible custodial sentences for taking part in a solidarity campaign insupport of the right to freedom of the press and, more particularly, theKurdish newspaper Özgür Gündem[5].

The Observatory deplores thecontinuing judicial harassment against Ms. Şebnem Korur Fincancı, Mr. ErolÖnderoğlu and Mr. Ahmet Nesin, which seemsto merely aim at sanctioning their human rights activities.

The Observatory calls upon the Turkish authorities to drop all thecharges against them and, in the meantime, to ensure that all judicialproceeding against them are carried out in full compliance with their right toa fair trial, as protected under international law.

Background information:

On June 20, 2016, the 1st High Court ofPeace in Istanbul ordered the detention of Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu,pending an investigation into their alleged involvement in the propaganda ofterrorism. The human rights defenders presented themselves after they hadreceived arrest warrants, and were referred to the First High Court of Peaceafter testifying before the Prosecutor on Terror and Organised Crime at theIstanbul Court House in Çağlayan earlier that day, under accusations of“provoking commission of offence”,“praising the offence and the offenders” and“making terror propaganda”.

Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesin and Mr. Erol Önderoğlu werequestioned in relation to their participation in the “Editor-in-chief on Duty”campaign launched in early May 2016 in solidarity with the Özgür Gündemnewspaper and to defend press freedom inTurkey[6].

Ms. Fincancı was detained at BakırköyWomen Closed Prison, while Messrs. Önderoğlu and Nesin were held in MetrisPrison in Istanbul.

On June 30, 2016,the Istanbul Caglayan 13th Heavy Penal Court ordered the provisional release ofMs. Fincancı and Mr. Önderoğlu.

On July 1, 2016, the14th Heavy Penal Court ordered the provisional release of Mr. AhmetNesin.

On November 8, 2016, the Istanbul Caglayan13th Heavy Penal Court decided to pursue the charges against Ms. Fincancı, Mr.Önderoğlu and Mr. Nesin and decided to postpone the hearing to January 11,2017.

Actions requested:

Please write to the authorities in Turkey,urging them to:

i. Drop all the charges against Ms. ŞebnemKorur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin and, in the meantime,ensure that any judicial proceedings against them is carried out in fullcompliance with the defendants' right to a fair trial, as protected underinternational law;

ii. Guarantee in all circumstances thephysical and psychological integrity of all human rights defenders in Turkey,including Ms. Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin;

iii. Put an end to all acts of harassment,including the judicial level, against all human rights defenders in Turkey so that they are able to carry out their work withouthindrance or fear of reprisals;

iv. Put an end to the ongoing crackdown oncivil society under the pretext of countering terrorism and recognise thelegitimate role of human rights defenders, in line with Turkey's internationalobligations;

v. Comply with all the provisions of theUnited Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9,1998, in particular its Articles 1, 12.1 and 12.2;

vi. Ensure in all circumstances respectfor human rights and fundamental freedoms in accordance with internationalhuman rights standards and international instruments ratified by Turkey.

Addresses:

· President of Turkey, Mr. Recep TayyipErdoğan, Fax: (+90 312) 525 58 31, E-mail: contact@tccb.gov.tr

· Prime Minister of Turkey, Mr. Binali Yıldırım; Fax:+90 (312)403 62 82

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

· Minister ofInterior, Mr. Süleyman Soylu; Fax:+90 (312) 425 61 30; Email: ozelkalem@icisleri.gov.tr

· Minister ofForeign Affairs, Mr. Mevlüt Çavuşoğlu, Ministry of Foreign Affairs, Twitteraccount: @MFATurkey

· Ambassador Izzet Selim Yenel, DiplomaticMission of Turkey to the European Union in Brussels, Fax: + 32 2 511 04 50,Email: tr-delegation.eu@mfa.gov.tr

· H.E. Ambassador Mr. Ali Naci Koru,Permanent Mission of Turkey to the United Nations in Geneva, Fax: +41 22 734 0859; Email: mission.turkey@ties.itu.int

Please also write to thediplomatic missions or embassies of Turkey in your respective country.

***

Paris-Geneva, January 11,2017

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

The Observatory for the Protection of Human RightsDefenders (the Observatory) was created in 1997 by FIDH and the WorldOrganisation Against Torture (OMCT). The objective of this programme is tointervene to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu , the European Union Human RightsDefenders Mechanism implemented by international civil society.

To contact the Observatory, call theemergency 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

[1] Mr. İnan Kızılkaya, Managing Editor ofthe newspaper Özgür Gündem,is also facing the same charges.

[2] Article 214 of the Turkish Penal Code states that “(1) Any person whoopenly provokes commission of an offense is punished with imprisonment from sixmonths to five year.

(2) Any person who arms agroup against another group, or provokes to kill a person is punished withimprisonment from fifteen years to twenty-four years.

(3) In case of commission ofoffenses which involves provocation, the offender is punished fromsolicitation.

[3] Article 215 of the Turkish Penal Code states that “Any person who openlypraises an offense or the person committing the offenses is punished withimprisonment up to two years.”

[4] Article 7/2 of the Anti Terror Law statesthat “(2) Those who assist members of organizations constituted in the mannerdescribed above or make propaganda in connection with such organizations shallbe punished with imprisonment of between 1 and 5 years and with a fine ofbetween 50 million and 100 million Turkish liras, even if their offenceconstitutes a separate crime.”

[5] Özgür Gündem (Turkish for “Free Agenda”) was anIstanbul-based daily newspaper in Turkish language. Launched in May 1992, thenewspaper was known for its extensive reporting on the Kurdish-Turkishconflict, and was therefore regularly accused of making propaganda for theKurdistan Workers' Party (PKK). Its editors and staff have frequently beenarrested and tried and multiple publication bans were issued within Turkey. OnAugust 16, 2016, the newspaper was “temporarily” shut down following a courtorder, and some twenty journalists and editors were taken into custody. Whileothers were released, novelist and Özgür Gündem columnist Ms. AslıErdoğan, editor in-chief Mr. Zana Kaya and managing editor Mr. İnan Kızılkayaremained imprisoned, facing charges of “membership of a terrorist organisation”and “undermining national unity”. Ms. Asli Erdogan and Zana Kaya were releasedpending trial on December 29, 2016.

[6] Özgür Gündem started the “Editor-in-chief on Duty” campaign on May 3,2016 to express solidarity and defend press freedom in the face of a number ofinvestigations faced by the newspaper. A total of 49 prominent journalists haveserved as one-day editors-in-chief since the beginning of the campaign. Some 37of them have been investigated up to now. Yet, Ms. Fincancı, Mr. Önderoğlu andMr. Nesin were the first persons to be arrested and detained in relation to thecampaign.