release of Ms. Roza Erdere but two other human rights defenders still detained

TUR002 / 0612 / OBS 056

Release / Judicial harassment

Turkey

June 7, 2012

The Observatory for the Protection of Human RightsDefenders, a joint programme of the International Federation for Human Rights(FIDH) and the World Organisation Against Torture (OMCT), has received newinformation and requests your urgent intervention in the following situation inTurkey.

New information:

The Observatory has been informed by the Human Rights Association(İHD) about the release of Ms. Roza Erdede,İHD member in Diyarbakır.

According to theinformation received, on June 1, 2012, Ms. Roza Erdede wasreleased on bail pending the outcome of the trial on terrorism charges. Thetrial shall resume on June 29, 2012.

While the Observatorywelcomes this positive development, it notes that she continues to be subjectedto judicial harassment. Moreover,, the Observatory recalls that two other İHDmembers are still in pre-trial detention in the same case: Mr. MuharremErbey, İHD General Vice Chairperson and Chairperson of its DiyarbakirProvince branch, and Mr. Arslan Özdemir, İHD member in Diyarbakır.

Accordingly, theObservatory calls upon the Turkish authorities to put an end to the continuingjudicial harassment of human rights associations and defenders, and urges theTurkish authorities to immediately and unconditionally release Messrs.Muharrem Erbey and Arslan Özdemir since their detention is arbitrary as its only purposeseems to be the silencing of their human rights activities.

Backgroundinformation:

Ms. Roza Erdede, Mr. Muharrem Erbey and Mr. Arslan Özdemir, were arrested respectively on April 14, 2010 and on December 23, 2009,by the Anti-Terror Units as part of an operation launched in 11 Turkishprovinces to dismantle a so-called “terrorist network” - the KurdishCommunities Union (KCK) - an organisation considered by the Turkish authoritiesto be the “urban branch” of the armed Kurdistan Workers Party (PKK). They areamong 152 Kurdish civil society figures under trial in this case.

On June 18,2010, the three were formally indicted for “being member[s] of an illegalorganisation” pursuant to Article 314 of the Criminal Code, with reference toArticle 220/6 of the Criminal Code in the Law No. 5237, punishable by 7,5 to15-year prison sentence. From the record of Mr. Erbey’s interrogation itappeared however that he had been imprisoned and indicted on the basis of hiswork with the İHD, and in his capacity as human rights lawyer. The trial openedbefore the Sixth Special Heavy Penal Court of Diyarbakır on October 18, 2010.

The investigation and trial have raised aseries of fair trial concerns, including: illegal surveillance and tapping,prolonged pre-trial detention and limited access, by the defendants and theirlawyers, to the evidence against them. The trial has been delayed in partbecause the court has consistently denied many of the defendants their rightsto address the court in Kurdish, their mother-tongue, and because the courtrefused to examine the defendants’ conditions of detention.

Actions requested:

i. Guarantee in all circumstances the physical and psychological integrityof Ms. Roza Erdede and Messrs. Muharrem Erbey and Arslan Özdemir,as well as allother members of İHD, and in general, of all human rights defenders in Turkey;

ii. Release immediately and unconditionally Messrs. Muharrem Erbey andArslan Özdemir since their detention is arbitrary as it only aims atsanctioning their human rights activities;

iii. Put an end to all acts harassment, including at the judicial level,against Messrs. Muharrem Erbey and Arslan Özdemir and Ms. Roza Erdede as wellas against all other members of İHD, and, in general, against all human rights defenders in Turkey;

iv. Comply with the provisions of the United Nations Declaration on HumanRights Defenders, especially its Article 1, which states that “everyone has theright, individually and in association with others, to promote and to strivefor the protection and realisation of human rights and fundamental freedoms atthe national and international levels”, as well as Article 12.2, which providesthat “the State shall take all necessary measures to ensure the protection bythe competent authorities of everyone, individually and in association with others,against any violence, threats, retaliation, de facto or de jure adversediscrimination, pressure or any other arbitrary action as a consequence of hisor her legitimate exercise of the rights referred to in the presentDeclaration”;

v. More generally, ensure in all circumstances the respect for humanrights and fundamental freedoms in accordance with international and regionalhuman rights instruments ratified by Turkey.

Addresses:

·President of Turkey,Mr. Abdullah Gül, Cumhurbaskanligi 06100 Ankara, Turkey; Fax: +90 312 468 5026;Email: cumhurbaskanligi@tccb.gov.tr

·Prime Minister, Mr. Recep Tayyip Erdogan, Office of the Prime MinisterBasbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476; receptayyip.erdogan@basbakanlik.gov.tr

·Deputy Prime Minister Responsible for Counter-Terrorismand Human Rights, Mr. Beşir Atalay, Email : besir.atalay@tbmm.gov.tr, Fax: 00 90 (312) 422 13 98

·Interior Minister, Mr. Idris Naim Şahin, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696

·Justice Minister, Mr. Sadullah Ergin, Ministry of Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26

·Foreign Minister, Mr. Ahmed Davudoglu, Office of the Prime Minister,Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11

·Ambassador, Mr. Oğuz Demiralp, Permanent Mission of Turkey to the UnitedNations in Geneva, Ch. du Petit-Saconnex 28b - CP 271, CH-1211, Geneva 19,Switzerland, E-mail : mission.turkey@ties.itu.int, Fax: +41 22 734 08 59

· Ambassador, Mr. Selim Kuneralp,Diplomatic Mission of Turkey to the European Union in Brussels, Avenue des Arts36-38, 1000 Bruxelles, Belgium, Fax: + 32 2 511 04 50.

Please also write to the embassiesof Turkey in your respective country.

***

Paris-Geneva, June 7, 2012

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

Tocontact the Observatory, call the emergency 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