Ongoing judicial harassment of Ms. Şebnem Korur Fincancı (HRFT), Mr. Erol Önderoğlu (RSF) and Mr. Ahmet Nesin, after their first hearing

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URGENT APPEAL - THE OBSERVATORY

New information

TUR 004 / 0616/ OBS 049.2

Judicial harassment

Turkey
November 9, 2016

The Observatoryfor the Protection of Human Rights Defenders, a partnership of FIDH and theWorld Organisation Against Torture (OMCT), has received new information andrequests your urgent intervention in the following situation in Turkey.

Newinformation:

The Observatoryhas been informed by reliable 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, after their first hearing.

According tothe information received, on November 8, 2016, the Istanbul Caglayan 13th HeavyPenal Court refused to drop the charges of“provoking commission of an offence”[1],“praising the offence and the offenders”[2]and ”making propaganda of terrorist organisation through means of press”[3]against the three[4]. The Court decided to postpone thehearing to January 11, 2017.

The Observatoryrecalls that the three face possible custodial sentences for taking part in asolidarity campaign in support of the Kurdish newspaper Özgür Gündem. Ms. Şebnem Korur Fincancıand Mr. Erol Önderoğlu were present in the crowded court room. They recalledtheir legitimate right to freedom of expression and refused to see theirsentence commuted into probation if convicted.

The Observatory deplores the continuing judicial harassment against Ms.Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. Ahmet Nesin, which seems to merely aim at sanctioning theirhuman rights activities.

The Observatory calls upon the Turkishauthorities to drop all the charges against them and, in the meantime, toensure that all judicial proceeding against them are carried out in fullcompliance with their right to a fair trial, as protected under internationallaw.

Backgroundinformation:

On June 20,2016, the 1st High Court of Peace in Istanbul ordered the detention of Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesinand Mr. Erol Önderoğlu, pending an investigation into their alleged involvementin the propaganda of terrorism. The human rights defenders presented themselvesafter they had received arrest warrants, and were referred to the 1st HighCourt of Peace after testifying before the Prosecutor on Terror and OrganisedCrime at the Istanbul Court House in Çağlayan earlier that day, underaccusations of “provoking commission of offence”,“praising the offence and theoffenders” and “making terror propaganda”.

Ms. Şebnem Korur Fincancı, Mr. Ahmet Nesinand Mr. Erol Önderoğlu were questioned in relation to their participation inthe “Editor-in-chief on Duty” campaign launched in early May 2016 in solidaritywith the Özgür Gündem newspaper and todefend freedom of press in Turkey[5].

Ms. Fincancıwas detained at Bakırköy Women Closed Prison, while Messrs. Önderoğlu and Nesinwere held in Metris Prison in Istanbul.

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

On July 1, 2016, the 14th Heavy Penal Court ordered theprovisional release of Mr. Ahmet Nesin.

Actionsrequested:

Please write tothe authorities in Turkey, urging them to:

i. Drop all thecharges against Ms. Şebnem Korur Fincancı, Mr. Erol Önderoğlu and Mr. AhmetNesin and, in the meantime, ensure that any judicial proceedings against themis carried out in full compliance with the defendants' right to a fair trial,as protected under international law;

ii. Guaranteein all circumstances the physical and psychological integrity of all humanrights defenders in Turkey, including Ms. Şebnem Korur Fincancı, Mr. ErolÖnderoğlu and Mr. Ahmet Nesin;

iii. Put an endto all acts of harassment, including the judicial level, against all humanrights defenders in Turkey so that they are able tocarry out their work without hindrance or fear of reprisals;

iv. Put an endto the ongoing crackdown on civil society under the pretext of counteringterrorism and recognise the legitimate role of human rights defenders, in linewith Turkey's international obligations;

v. Comply withall the provisions of the United Nations Declaration on Human Rights Defenders adopted by the UN GeneralAssembly on December 9, 1998, in particular its Articles 1, 12.1 and 12.2;

vi. Ensure inall circumstances respect for human rights and fundamental freedoms inaccordance with international human rights standards and internationalinstruments ratified by Turkey.

Addresses:

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

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

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

· Minister of Interior, Mr. Efkan Ala; Fax: +90 (312) 425 61 30; Email: ozelkalem@icisleri.gov.tr

· AmbassadorIzzet Selim Yenel, Diplomatic Mission of Turkey to the European Union inBrussels, Fax: + 32 2 511 04 50

· AmbassadorMehmet Ferden Çarikçi, Permanent Mission of Turkey to the United Nations inGeneva, Fax: +41 22 734 08 59; Email: mission.turkey@ties.itu.int

Pleasealso write to the diplomatic mission or embassy of Turkey in your respectivecountry.

***

Paris-Geneva,November 9, 2016

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

The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 bythe World Organisation Against Torture (OMCT) and FIDH. 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 Union Human Rights Defenders Mechanismimplemented by international civil society.

To contact theObservatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and faxFIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and faxOMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] Article 214 of the Turkish Penal Code statesthat “(1) Any person who openly provokes commission of an offense is punishedwith imprisonment from six months to five year.

(2) Any personwho arms a group against another group, or provokes to kill a person ispunished with imprisonment from fifteen years to twenty-four years.

(3) In case ofcommission of offenses which involves provocation, the offender is punishedfrom solicitation.

[2] Article 215 of the Turkish Penal Code statesthat “Any person who openly praises an offense or the person committing theoffenses is punished with imprisonment up to two years.”

[3] Article 7/2 of the Anti Terror Law states that “(2) Those who assistmembers of organizations constituted in the manner described above or makepropaganda in connection with such organizations shall be punished withimprisonment of between 1 and 5 years and with a fine of between 50 million and100 million Turkish liras, even if their offence constitutes a separate crime.”

[4] Mr. İnan Kızılkaya, Editor in chief ofthe newspaper Özgür Gündem,is also facing the same charges.

[5] Özgür Gündem started the“Editor-in-chief on Duty” campaign on May 3, 2016 to express solidarity anddefend press freedom against a number of investigations faced by the newspaper.A total of 49 prominent journalists have served as one-day editors-in-chiefsince the beginning of the campaign. Some 37 of them have been investigated upto now. Yet, Ms. Fincancı, Mr. Önderoğlu and Mr. Nesin are first persons to bearrested and detained in relation to the campaign.