Türkiye
25.01.00
Urgent Interventions

Turkey: Legal Action

URGENT ACTION – OBSERVATORY

TUR 001 / 0001/ OBS 003
Legal Action
Turkey
25th January 2000

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

Brief description of the situation :

The Observatory for the protection of Human Rights was informed that legal proceedings was begun in front of the Ankara State Security Court n°1, against M Nazmi Gur, Secretary General of the Turkish Association of Human Rights (IHD), member of the FIDH.

According to the accusation emitted by the office of the Attorney at law, Nazmi Gur is accused of having « helped an armed organisation », after having drafted an article entitled « It is not hard to reach peace », published in the special bulletin of the IHD at the time of World Peace Day, 1 September 1999. The use of expressions such as « the peoples’ of this country » as well as « a dirty war waged for the last 15 years » found these proceedings, in the name of the invisibility of the territory and of the Turkish nation (article 169 of the Turkish Penal Code and 5 of the anti-terror n°3713). On this count, Nazmi Gur is passable for a penalty of 3 to 7,5 years in prison.

The Observatory is extremely preoccupied by this new proceeding initiated against a member of the IHD ; its President, Akin Birdal has made the object of a definitive condemnation in 1999 (Cf urgent appeals TUR 003/9807/OBS 056 ; 056.02 ; 056.04 ; 056.05). Turkey, as long as it continues to pursue the defenders of Human Rights with the sole motive of their activity, will not be able to claim integration into the European Union, where the respect of the liberty of expression and of opinion is an elementary principle.

Furthermore, the Observatory considers that the pursuits infringe on the Declaration of the Defenders of Human Rights adopted on 9 December 1998 by the General Assembly of the United Nations, and notably by article 6 which states that « Everyone has the right, individually and in association with others (...), to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms ».

Actions Requested :

Please write to the Turkish authorities urging them to :

i. guarantee the right to an equal process is respected ;

ii. take the necessary measures to propose legislative amendments with regard to the European Convention of Human Rights and the freedom of opinion and expression that it proclaims so that the articles 169 of the Penal Code and 5 of the anti-terror law are deleted from Turkish legislature.

iii. to conform to the arrangements of the Declaration of Human Rights Defenders adopted by the General Assembly of the United Nations on the 9 December 1998, and notably by Article 6 which stipulates that « Everyone has the right, individually and in association with others (...), to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms ».

iv. to conform, more generally, to the dispositions of the universal Declaration of Human Rights and the international pacts relative to Human Rights which bind Turkey.

Paris-Geneva, 25 January 2000

Addresses :

-Mr Demirel, President of teh Republic ; fax : 00 90 312 468 50 12 /90 312 467 40 28
-Mr Bulent Ecevit, Prime Minister ; fax : 90 312 417 04 76 / 90 312 231 52 01
-Mr.Hikmet Fani Turk, Minister of Justice ; fax : 90 312 417 39 54

The Turkish embassies in your respective countries.

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

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch