New information

TUR 005 / 0717 / OBS 078.4

Arbitrary detention /

Judicial harassment /

Turkey

August 11, 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 ongoing arbitrarydetention of Ms. Nalan Erkem, lawyerwith the Citizens’ Assembly[1]and Ms. İlknur Üstün, member ofthe Women’s Coalition, Mr. Veli Acu, member of the Human Rights AgendaAssociation, Ms. Idil Eser,Director of Amnesty International Turkey, Ms. Özlem Dalkıran, member of the Citizens’ Assembly, Mr. Günal Kurşun, former Chairpersonand lawyer with the Human Rights Agenda Association, Mr. Ali Gharawi andMr. Peter Steudtner, security consultants as well as of theongoing judicial harassment of Mr.Nejat Taştan, member of the Association for Monitoring Equal Rights and Mr.Şeyhmus Özbekli, trainee lawyer and member of the Rights Initiative.

According to the information received, respectively on July 18, 2017, Mr.Veli Acu and Mr. Günal Kurşun, on July 31, 2017, Ms. Idil Eser, Ms. Özlem Dalkıranand Ms. Nalan Erkem , and on August 1, 2017 Mr. Ali Gharawi and Mr. PeterSteudtner were transferred to Silivri prison in Istanbul, while Ms. İlknurÜstün remains detained in Ankara’s Sincan prison.

Messrs. Veli Acu and Günal Kurşun have been held in solitary confinementand a petition to share a cell was initially denied by Silivri PrisonAdministration for security reasons. However, at the time of publication ofthis Appeal, Mr. Günal Kurşun is no longer detained in solitary confinement.

Ms. Idil Eser, who does not have first degree family members, is onlyallowed to receive visits from her lawyers. Messrs. Ali Gharawi and PeterSteundtner, who were detained in solitary confinement for 3 days, are onlyallowed weekly one-hour visits from their lawyers.

In addition, on August 1, 2017, the Criminal Peace Judgeship in Istanbulrefused to release Mr. Ali Gharavi, Mr. Peter Steudtner, Mr. Günal Kurşun, Mr.Veli Acu, Ms. Özlem Dalkıran, and Ms. İdil Eser. A court will again review theremand into detention on August 18, 2017. Likewise, on August 9, 2017, the samecourt denied an objection to release of Ms. İlknur Üstün and Ms. Nalan Erkemand ordered the continuation of their pre-trial detention.

The Observatory recalls that the eight human rights defenders werearrested on July 5, 2017 in Büyükada, Istanbul and are facing charges for “committinga crime in the name of a terrorist organisation without being a member” (seebackground information). They are remanded in detention pending trial.

The Observatory condemns the ongoing arbitrary detention and thesubsequent deterioration of detention conditions of Mr. Veli Acu, Ms. IdilEser, Ms. Özlem Dalkıran, Mr. Günal Kurşun, Mr. Ali Gharawi, Mr. PeterSteudtner, Ms. Nalan Erkem, Ms. İlknur Üstün as well as the judicial harassmenttargeting Mr. Nejat Taştan and Mr. Şeyhmus Özbekli, which only aims atsilencing their peaceful and legitimate human rights activities, in the contextof an ongoing crackdown against human rights defenders in Turkey[2].

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. Şeyhmus Özbekli.

Backgroundinformation:

On July 5, 2017, Nalan Erkem, Özlem Dalkıran, İlknur Üstün, Idil Eser, Günal Kurşun, Veli Acu, NejatTaştan, Şeyhmus 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[3]).

On July 10 and 11, 2017, Nalan Erkem, Özlem Dalkıran, İlknur Üstün, Idil Eser, Günal Kurşun, Veli Acu, NejatTaştan and Şeyhmus Özbekli’s 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 the door of his apartmentin order to allow police search. Despite his objection, they carried out thesearch 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, thuspreventing lawyers to access the files.

On July 18, 2017, the Public Prosecutor at Çağlayan Court House formallycharged the ten human rights defenders on charges of “committing a crime in thename of a 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. Şeyhmus Özbekli, who must show up to the police station threetimes a week. They have also been imposed a ban on travels abroad.

On July 21, 2017, the Public Prosecutor at Çağlayan Court House orderedthe re-arrest of Ms. Nalan Erkem, Ms. İlknur Üstün, Mr. Nejat Taştan and Mr.Şeyhmus Özbekli, who had been released on judicial control on July 17, 2017.

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[4].

On July 25, Mr. Şeyhmus Özbekli appeared at the Diyarbakır Court House,where the Judge also ordered his release on judicial control. Both must show upat the police station two times a week and a travel ban has been imposed onthem.

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. DiegoGarcía-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,Peter Steudtner, Nalan Erkem,İlknur Üstün, Nejat Taştan and Şeyhmus Özbekli as well as of all humanrights defenders in Turkey;

ii. Immediately and unconditionallyrelease Veli Acu, IdilEser, Özlem Dalkıran, Günal Kurşun, Ali Gharawi, PeterSteudtner, Nalan Erkem and İlknur Üstün as their detention is arbitrary since it onlyaims at punishing 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,Peter Steudtner, Nalan Erkem, İlknur Üstün, Nejat Taştan and Şeyhmus Özbekli, so that theyare able to carry out their legitimate activities without hindrance and fear ofreprisals;

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 Tayyip Erdoğan, Fax: (+90 312) 525 58 31

· Prime Minister of TurkeyBinali Yıldırım, Fax: +90 (312) 403 62 82 Email: ozelkalem@basbakanlik.gov.tr

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

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

· Ambassador Izzet SelimYenel, Diplomatic Mission of Turkey to the European Union in Brussels, Belgium;Fax: + 32 2 511 04 50

· Ambassador Mr. Ali NaciKoru, Permanent Mission of Turkey to the 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,August 11, 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 UnionHuman Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

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

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

[1] The Helsinki Citizens’ Assembly is an NGO dedicatedto peace, democracy and human rights in Europe, working on the notions offundamental rights and freedoms, peace, democracy and pluralism.

[2] Countless human rights defenders have been arrestedsince the 2016 failed coup. Among them, Mr. Taner Kılıç, chairfounding member of Amnesty International Turkey remains in detention followinghis arrest on June 6, 2017. See the Observatory’s Urgent Appeal TUR 003 / 0617 / OBS 064 published onJune 16, 2017.

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

[4] The Observatory underlines that Mr. Nejat Taştanis a disabled person at 52%, which means that he needs careful treatment andtherefore his conditions could only worsen in detention.

[5] See OHCHR Statement, July14, 2017:

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