Türkiye
10.08.01
Urgent Interventions

Turkey: Detention, harassment and equipment confiscation during a human rights mission

URGENT APPEAL – THE OBSERVATORY


TUR 005/ 0108 / OBS 070
Detention / Harassment / Equipment confiscation
TURKEY
10th August 2001


The Observatory for the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT, requests your urgent intervention in the following situation in Turkey.

Brief description of the situation :

The Observatory has been informed by the Human Rights Association (IHD) that the members of a mission organised on 8 August 2001 by IHD to Beytusebap, Sirnak, were stopped at the entry point to Sirnak by members of the police, along with a villager witness to the mission, who was arrested and then put in detention. Executives of the IHD, as well as representatives of the Turkish Union of Chambers of Architects and Engineers (TMMOB), Human Rights Foundation of Turkey (HRFT), Association for Human Rights and Solidarity with Oppressed People (Mazlum-Der), Confederation of Public Sector Unions (KESK) and Diyarbakir Democracy Platform, were participating in this mission.

The purpose of the mission was to investigate reports of tortured villagers, the eviction of persons in some villages and food embargos imposed on other villages. According to the information received, after the mission had conducted its work in Beytusebap, documenting the allegations on the basis of interviews and pictures, they were stopped at the entry checkpoint police station to Sirnak, which is attached to a large police base, at about 9 pm. The policemen collected cameras and notes owned by both members of the mission and of the press delegation in attendance, and banned the persons engaged in the mission from using their phones until about 12 pm. The mission lawyers’ briefcases were searched and the mission members were treated roughly, being threatened to obey the orders. The police reportedly confiscated 20 video tapes, 19 music tapes and some handwritten notes.

After releasing the 14 members of the mission, the Police kept 18 year-old Rasim Asan under detention. Rasim Asan had given a witness statement to the mission – which was recorded on one of the tapes confiscated by the Police - and had asked the mission to accompany him to his home in Mersin.

During his custody, Rasim Asan was forced to sign a written statement saying that he had received money from Mr. Osman Baydemir, Vice-President of IHD, in order to bring a testimony to the mission. After a short trial, he was transferred to prison on 9th August, on the basis of article 159 of the Turkish Penal Code, which foresees one to six years’ imprisonment for « insulting the Turkish Republic […] and the military and security of the State ». The Public Prosecutor Office did not take into account medical reports indicating that Rasim Asan had been tortured.

On 9th August Osman Baydemir was detained for three hours during which he was interrogated by the Sirnak Police.

The Observatory is very concerned by these events, and wishes to recall that they are in flagrant violation of the Declaration on Human Rights Defenders, in particular article 6.a, which states that, “everyone has the right, individually and in association with others, to know, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems,” and article 6.b, which states that, “everyone has the right […] freely to publish, impart or disseminate to others, views, information and knowledge on all human rights and fundamental freedoms.”

Actions requested :

Please write to the authorities in Turkey urging them to :

i. free Mr. Rasim Asan immediately and drop all charges against him ;

ii. put an end to any kind of harassment against human rights defenders in Turkey and ensure that they be allowed to carry out their work without obstacles ;

iii. abide by the provisions of the Declaration on the Protection of Human Rights Defenders adopted on the 9th of December 1998, by the U.N. General Assembly (“Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms”), particularly, Article 1 : « everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels » and articles 6.a and 6.b mentioned above.

iv. more generally abide by the Universal declaration on Human Rights and Covenants and international Conventions ratified by Turkey.

Addresses :

- Minister of Interior, Mr Saadettin Tantan, Içisleri Bakanligi, 06644 Ankara, Turkey. Fax: + 90 312 418 17 95.
- Minister of Justice, Prof Hikmet Sami Türk, Ministry of Justice, Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954 / 418 5667
- State Minister with responsibility for Human Rights, Mr Rüstü Kazim Yücelen, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey. Fax: + 90 312 417 0476

Geneva – Paris, August 10, 2001

Kindly inform the Observatory of any action undertaken, quoting the code number of this appeal in your reply.

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

To contact the Observatory, call the Emergency Line:
E-mail: observatoire@iprolink.ch
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29