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New information

TUR 005 /0717 / OBS 078.3

Arbitrary detention /

Judicial harassment /

Turkey

July 26, 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 release oncondition of Mr. Nejat Taştan,member of the Association for Monitoring Equal Rights and Mr. ŞeyhmuzÖzbekli, trainee lawyer and member of the Rights Initiative, the re-arrestof Ms. Nalan Erkem, lawyer with theCitizens Assembly[1]and Ms. İlknur Üstün, member ofthe Women’s Coalition, as well as theongoing arbitrary detention of Mr. Veli Acu, member of the Human RightsAgenda Association, Ms. IdilEser, Director of Amnesty International Turkey, Ms. ÖzlemDalkıran, member of the CitizensAssembly, Mr. Günal Kurşun,former Chairperson and lawyer with the Human Rights Agenda Association, Mr. AliGharawi and Mr. Peter Steudtner, security consultants.

According to the information received, on July 21, 2017, the PublicProsecutor at Çağlayan Court House ordered the re-arrest of Ms. Nalan Erkem,Ms. İlknur Üstün, Mr. Nejat Taştan and Mr. Şeyhmuz Özbekli, who had beenreleased on judicial control on July 17, 2017 (see background information).

On July 21, 2017, Ms. Nalan Erkem was arrested at her house and taken toVatan Security Directorate before being presented to Çağlayan Court House. Sheis now being detained at the Bakırköy prison for women.

On July 22, 2017, Ms. İlknur Üstün was arrested at his home in Ankara anddetained at the anti-terror branch in Ankara before being presented to AnkaraCourt House and further detained at Ankara’s Sincan prison. She is expected tobe transferred to Istanbul. According to the arrest warrant presented, Ms.Üstün was arrested under articles 220.6 and 312.2/3 of the Turkish CriminalCode, although she had previously been charged under article 220.7 of theTurkish Penal Code for allegedly “committing a crime in the name of a terroristorganisation”.

On July 24, 2017 afternoon, Mr. Nejat Taştan went to the Posecutor’soffice in Istanbul, and had to wait until 3 am on July 25 at the İstanbulCourthouse, which eventually ordered his release on judicial control[2].

On July 25, Mr. Şeyhmuz Özbekli appeared at the Diyarbakır Court House,where the Judge also ordered his release on judicial control.

Both must show up at the police station two times a week and a travel banhas been imposed on them. The grounds of the court decisions remain unknown asof issuing this Urgent Appeal.

The six other human rights defenders arrested on July 5, 2017, followinga police raid during a digital security and information management workshoporganised by the Citizens Assembly in Büyükada, Istanbul (see backgroundinformation) remain in pre-trial detention after their indictment on July 18,2017. To date, Ms. Idil Eser and Ms. Özlem Dalkıran are detained at Istanbul’sBakirköy prison, while Mr. Veli Acu and Mr. Günal Kurşun are being held atIstanbul’s Metris prison for men, and Mr. Ali Gharawi and Mr. Peter Steudtner at Istanbul’sMaltepe prison, which has a section dedicated to foreign detainees.

The Observatory condemns the re-arrest of Ms. Nalan Erkem and Ms. İlknur Üstün and remains extremelyconcerned by the ongoing arbitrary detention of Mr. Veli Acu, Ms. Idil Eser,Ms. Özlem Dalkıran, Mr. Günal Kurşun, Mr. Ali Gharawi and Mr. Peter Steudtner, which only aimsat sentencing their peaceful and legitimate human rights activities, in thecontext of an ongoing crackdown against human rights defenders in Turkey[3].

The Observatory urges Turkish authorities to immediately and unconditionallyrelease Mr. Veli Acu, Ms. Idil Eser, Ms. Özlem Dalkıran, Mr. Günal Kurşun, Mr.Ali Gharawi, Mr. Peter Steudtner, Ms. Nalan Erkem, Ms. İlknur Üstün and to putan end to all form of harassment against the latter as well as Mr. Nejat Taştanand Mr. Şeyhmuz Özbekli.

Backgroundinformation:

On July 5, 2017, Nalan Erkem, Özlem Dalkıran, İlknur Üstün, Idil Eser, Günal Kurşun, Veli Acu, NejatTaştan, Şeyhmuz Özbekli, Ali Gharawi and Peter Steudtner were arrested anddetained in different police stations across Büyükada, following a police raidduring a digital security and information management workshop organised by theCitizens Assembly in Büyükada, Istanbul. The owner of the hotel where theworkshop was being organised was also arrested and released on 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 where 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, Nalan Erkem, Özlem Dalkıran, İlknur Üstün, Idil Eser, Günal Kurşun, Veli Acu, NejatTaştan and Şeyhmuz Özbekli houses’ were raided and searched by the police, whoseized electronic equipment including flash disks, external disks, CDs and simcards. According to search warrants, the police were looking for evidence tosubstantiate the Prosecutor’s allegation of “meeting with a suspicion ofterrorist activity”. However, due to the confidentiality of the investigationneither copy of search warrants nor of seized materials were given to theirlawyers.

Furthermore, some searches took place without the presence of lawyers.Ms. Nalan Erkem’s apartment search was postponed until a representative ofIstanbul Bar Association was able to assist, the next morning.

Likewise, Mr. Nejat Taştan was briefly taken out of custody to open thedoor of his apartment in order to allow police search. Despite his objection,they carried out the search without the presence of a lawyer.

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, thus preventinglawyers’ to access the files.

On July 18, 2017, the Public Prosecutor at Çağlayan Court House indictedthe ten human rights defenders on charges of “committing a crime in the name ofa terrorist organisation without being a member”. However, neither theProsecutor nor the Judge have referred to any specific organisation nor to anycriminal provision. Moreover, the investigation remains confidential andlawyers cannot access their clients’ files.

Despite the request of the Prosecutor to indict and place in pre-trialdetention all ten human rights defenders on July 17, 2017, the Court orderedthe release on judicial control of Ms. Nalan Erkem, Ms. İlknur Üstün, Mr. NejatTaştan and Mr. Şeyhmuz Özbekli, who must show up to the police station threetimes a week. They have also been imposed a ban on travels abroad.

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, 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[5].

Actionsrequested:

Please write to theauthorities in Turkey, urging them to:

i. Guarantee, in all circumstances,the physical and psychological integrity of Veli Acu, Idil Eser, Özlem Dalkıran, Günal Kurşun,Ali Gharawi, PeterSteudtner, NalanErkem, İlknur Üstün, Nejat Taştan and Şeyhmuz Özbekli as well as of allhuman rights defenders in Turkey;

ii. Immediately and unconditionallyrelease Veli Acu, IdilEser, Özlem Dalkıran, Günal Kurşun, Ali Gharawi, Peter Steudtner, Nalan Erkem and İlknur Üstün as theirdetention is arbitrary since it only aims atpunishing them for their legitimate human rights activities;

iii. Put an end to all acts ofharassment, including at the judicial level, against Veli Acu, Idil Eser, Özlem Dalkıran, Günal Kurşun,Ali Gharawi, PeterSteudtner, Nalan Erkem, İlknur Üstün, Nejat Taştan and Şeyhmuz Özbekli, so that they are able to carry out their legitimateactivities without hindrance and fear of reprisals;

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 TayyipErdoğan, 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. BekirBozdağ, Fax: +90 (0312) 419 33 70; E-mail: ozelkalem@adalet.gov.tr

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

· Ambassador Izzet Selim Yenel, Diplomatic Mission of Turkeyto the European Union in Brussels, Belgium; Fax: + 32 2 511 04 50

· Ambassador Mr. Ali Naci Koru, Permanent Mission of Turkey tothe 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,July 26, 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 Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory, call the emergency line:

· E-mail:Appeals@fidh-omct.org

· Tel and fax FIDH + 33 1 43 5525 18 / +33 1 43 55 18 80

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

[1] The Citizens Assembly isan NGO dedicated to peace, democracy and human rights in Europe, working on thenotions of fundamental rights and freedoms, peace, democracy and pluralism.

[2] The Observatory underlines thatMr. Nejat Taştan is a disabled person at 52%, which means that he needscareful treatment and his conditions could only worsen in detention.

[3] Countless human rightsdefenders have been arrested since the 2016 failed coup. Among them, Mr. TanerKılıç, chair founding member of Amnesty International Turkey remains indetention following his arrest on June 6, 2017. See the Observatory’s UrgentAppeal TUR 003 / 0617 / OBS 064published on June 16, 2017.

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

[5] SeeOHCHR Statement, July 14, 2017:

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