Sentencing of four lawyers members of İHD Ankara Branch

New information

TUR 001 / 0509 / OBS 070.6

Sentencing

Turkey

February 5, 2013

The Observatory for theProtection of Human Rights Defenders, a joint programme of the InternationalFederation for Human Rights (FIDH) and the World Organisation Against Torture(OMCT), has received new information and requests your urgent intervention inthe following situation in Turkey.

New information:

The Observatory has beeninformed by the Human Rights Association (İnsan Haklari Derneği - İHD)of the sentencing of four lawyers members of İHD Ankara Branch, Ms. FilizKalaycı, former Chairperson, as well as Messrs. Hasan Anlar, General Executive Board member, Halilİbrahim Vargün, Chairperson and MuratVargün.

According to theinformation received, on January 25, 2013, Ankara Heavy Penal Court No. 11sentenced Ms. Filiz Kalaycı to seven years and six months of imprisonment aswell as Mr. Hasan Anlar, Mr. Halil İbrahgim Vargün and Mr. Murat Vargün to sixyears and three months each on charges of“membership to an illegal organisation” under Article314 of the Turkish Penal Code (TPC)due to their human rights activities. As their lawyers filed an appeal againstthe sentence, no arrest warrant was issued against the four lawyers.

The Observatory is deeply concerned by the sentencingof Ms. Filiz Kalaycı and Messrs.Hasan Anlar, Halil İbrahgim Vargün and Murat Vargün, which seems to merely aim at sanctioning their human rights activities,and calls upon the Turkish authorities to review it.

It further recallsthat dozens of human rights defenders are currently subjected to prolongedjudicial harassment for abusive terrorism charges in Turkey. In this context,İHD has particularly been the subject of a systematic campaign of judicialharassment, as a direct result of its human rights work in Turkey, inparticular on Kurdish issues.

Background information:

On May 12, 2009, in Ankara,the offices and homes of Ms. Filiz Kalaycı, Messrs. Hasan Anlar, Halil İbrahim Vargün and MuratVargün were raided by officers of the Anti-Terror Unit of the police, who werein possession of a search warrant and a detention order against them. They wereimmediately arrested, placed in police custody in the Anti-Terror Forces Unitdetention centre, and released in the night of May 14, 2009. The PublicProsecutor brought Ms. Filiz Kalaycı, Messrs. Hasan Anlar,Halil Ibrahim Vargun and Murat Vargun before Ankara Heavy Penal Court No. 11 andrequested that they be remanded in detention. However, the court decided torelease Ms. Filiz Kalaycı, Messrs. Hasan Anlar, Halil Ibrahim Vargun andMurat Vargun, but imposed a travel ban on them, on the basis of Article 109 ofthe Code of Criminal Procedure.

ThePublic Prosecutor appealed the decision, and issued a warrant of arrest againstMs. Filiz Kalaycı on May 25,2009. On May 28,2009, Ms. Filiz Kalaycı was re-arrested on the basis of an allegation of“aiding illegal organisations”. Messrs. Hasan Anlar, Halil İbrahim Vargün andMurat Vargün were also subject to the same allegations but not arrested.

These acts ofharassment intervened after the publication by İHD of a report on human rightsviolations in prisons of Turkey on February 6, 2009 and made it public to drawattention on these violations. İHD had shared this report with the authorities.In addition, Ms. Filiz Kalaycı, Messrs. Hasan Anlar, Halil İbrahim Vargün andMurat Vargün had been working on cases of human rights violations that occurredin detention, and as a consequence they often received letters of complaintfrom prison inmates. The charges are notably related to contacts entertained bythe lawyers with their clients.

Their first hearingwas held on November 9, 2009 before Ankara Heavy Penal Court No. 11. Althoughthe defence lawyers claimed that the accusation of the Prosecutor against İHDlawyers and members was unfair and the evidence was both illegal andinsufficient, the court rejected the petition. On January 28, 2010, Ms. FilizKalaycı as well as Messrs. Hasan Anlar, Halil İbrahim Vargün and Murat Vargün,appeared before Ankara Heavy Penal Court No. 11, which ordered Ms. FilizKalaycı’s release. The trial was postponed several times until it resumed onOctober 6, 2011.

Actions required:

Please write to the Turkishauthorities, urging them to:

i. Guarantee in allcircumstances the physical and psychological integrity of Ms. Filiz Kalaycı, Mr.Hasan Anlar, Mr. Halil İbrahgim Vargün, Mr. Murat Vargün as well as allhuman rights defenders in Turkey;

ii. Put an end to all actsharassment, including at the judicial level, against Ms. Filiz Kalaycı, Mr. HasanAnlar, Mr. Halil İbrahgim Vargün, Mr. Murat Vargün, as well as against allhuman rights defenders in Turkey;

iii. Comply with theprovisions of the UN Declaration on Human Rights Defenders, especially itsArticle 1, which states that “everyone has the right, individually and inassociation with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”, as well as Article 12.2, which provides that “the Stateshall take all necessary measures to ensure the protection by the competent authoritiesof everyone, individually and in association with others, against any violence,threats, retaliation, de facto or de jure adverse discrimination, pressure orany other arbitrary action as a consequence of his or her legitimate exerciseof the rights referred to in the present Declaration”;

iv. More generally, ensurein all circumstances the respect for human rights and fundamental freedoms inaccordance with international and regional human rights instruments ratified byTurkey.

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, Officeof the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476;Email: receptayyip.erdogan@basbakanlik.gov.tr

· Deputy Prime Minister Responsible for HumanRights, 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, Ministryof Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26

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

· Ambassador, Mr. Oğuz Demiralp, Permanent Missionof Turkey to the United Nations 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. Izzet Selim Yenel, DiplomaticMission of Turkey to the European Union in Brussels, Avenue des Arts 36-38,1000 Bruxelles, Belgium, Fax: + 32 2 511 04 50.

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Paris-Geneva, February 5,2013

Kindly inform us of anyaction undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH andOMCT venture, is dedicated to the protection of Human Rights Defenders and aimsto offer them concrete support in their time of need.

To contact the Observatory,call the emergency line:

· Email : Appeals@fidh-omct.org

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

·Tel et fax OMCT : +4122 809 49 39 / 41 22 809 49 29