Türkiye
22.01.04
Urgent Interventions
Turkey : Trial against the Turkish NGO "GÖC-DER"
PRESS RELEASE
TURKEY
Trial against the Turkish NGO "GÖC-DER" before the Istanbul State Security Court
Istanbul – Paris – Geneva, January 21, 2004. On 19th January, the Istambul State Security Court n°4 sentenced Sefika Gürbüz, President of the Turkish NGO "GÖC-DER" (Immigrants for Social Cooperation and Culture), to pay a fine of TL 2.180 billions. The court acquitted Mehmet Barut, also a board member of the organization.The Observatory for the Protection of the Human Rights defenders – a joint programme of the FIDH and the OMCT – sent an observer to attend the trial against Sefika Gürbüz and Mehmet Barut. In addition to the representative of the Observatory, several international observers attended the hearing, including Mr Luigi Vinci, European Deputy and Dr Bernard Granjon, President d'honneur de Médecins du Monde (France).
Sefika Gürbüz and Mehmet Barut were prosecuted before Istanbul State Security Court under article 312/2 of the Turkish Penal Code, which prohibits “incit[ing] people to enmity and hatred because of class, racial, religious, confessional, or regional differences”. The prosecution is connected to a press conference that GÖC-DER held on April 2002 to present the publication of a report concerning forced displacement of Kurdish people in Turkey.
"GÖC-DER", established in 1997 in Istanbul, conducts research on the socio-economic and socio-cultural conditions of the Kurdish people living in Turkey who are forcibly displaced due to the armed conflict, and release extensive reports on forced displacement issues.
Said the Observatory delegate: "It is unfortunate to note that despite the amendment made to Article 312/2 of the TPC by the Third Harmonization Package adopted on August 3, 2002, State Security Courts continue to use this legal ground as a tool for repression against human rights defenders. The Court’s decision clearly demonstrates that the Turkish judiciary does not pay due consideration to international human rights conventions ratified by Turkey, and persist to refrain from implementing legislative reformsin Turkey "
On February 6, and August 3, 2002, Turkey amended several provisions in the penal code that have frequently been used to sentence human rights defenders for peacefully expressing their views in human rights reports. The new provisions narrow the use of Article 312/2 (incitement to enmity and hatred) by requiring ''that the incitement endanger public order''. However, this requirement has been use to increase Mr. Gürbüz sentence.
The Turkish Penal Code further defines expression of thoughts, ideas and opinions very vaguely. A large number of “though and expression crimes” are tried under the section “Felonies against the State”, and dealt with by the State Security Courts. The reform of the Judicial system, in particular the abolition of the State Security Court, should urgently become a priority for the Turkish government in its bid to join the European Union.
The Observatory recalls that the E.U. Accession Partnership required Turkey to "improve the situation in the south-east, with a view to enhancing economic, social and cultural opportunities for all citizens." The two organisations have pointed out that the Kurdish question in Turkey may not be solved without an effort towards the recognition of the role and importance of the civil society in the country, and including organisations such as Göc-Der who advocate for the rights of displaced persons in the country.
The implementation of the Return to Village and Rehabilitation Program by the Turkish government shows serious deficiencies, including the exclusion of local non-governmental organizations in the implementation of the program and their persecution for expressing an interest in the program
In light of yesterday’s decision, the Observatory urges the Turkish authorities to comply with its international obligations and with the EU Accession Partnership. In particular, the Observatory urges Turkey:
1.to lift the penalty against Sefika Gürbüz, drop the charges against other board members of the association Göç-Der and put an end to any kind of judicial harrasment against human rights defenders who exercise their freedom of expression in Turkey;
2.to conform with the provisions of the Declaration on Human Rights defenders, adopted by the United Nations General Assembly on December 9, 1998, in particular its articles 6.b, which states that “everyone has the right, individually and in association with others [...] freely to publish impart or disseminate to others views, information and knowledge on all human rights and fundamental freedom” and article 8.2, which states that “everyone has the right [...] to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms”;
3. to conform with the international and regional human rights instruments ratified by Turkey, as well as with the Principle 25 § 2 of the U.N. Guinding Principles on Internal Displacement;
4.to abolish the State Security Court in Turkey as they raise serious concerns with regards to the recognition of the freedom of expression in Turkey;
5.to develop a comprehensive and effective Return to Village and Rehabilitation Program that will ensure that internally displaced persons can return to their homes in safety and dignity and can resume their livehoods. The program should be consistent with the U.N. Guiding Principles on Internal Displacement, respect the rights of internally displaced persons by notably ensuring the lifting of the village guards system as which poses a psychological obstacle against return.
For more information, please contact :
FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 24
TURKEY
Trial against the Turkish NGO "GÖC-DER" before the Istanbul State Security Court
Istanbul – Paris – Geneva, January 21, 2004. On 19th January, the Istambul State Security Court n°4 sentenced Sefika Gürbüz, President of the Turkish NGO "GÖC-DER" (Immigrants for Social Cooperation and Culture), to pay a fine of TL 2.180 billions. The court acquitted Mehmet Barut, also a board member of the organization.The Observatory for the Protection of the Human Rights defenders – a joint programme of the FIDH and the OMCT – sent an observer to attend the trial against Sefika Gürbüz and Mehmet Barut. In addition to the representative of the Observatory, several international observers attended the hearing, including Mr Luigi Vinci, European Deputy and Dr Bernard Granjon, President d'honneur de Médecins du Monde (France).
Sefika Gürbüz and Mehmet Barut were prosecuted before Istanbul State Security Court under article 312/2 of the Turkish Penal Code, which prohibits “incit[ing] people to enmity and hatred because of class, racial, religious, confessional, or regional differences”. The prosecution is connected to a press conference that GÖC-DER held on April 2002 to present the publication of a report concerning forced displacement of Kurdish people in Turkey.
"GÖC-DER", established in 1997 in Istanbul, conducts research on the socio-economic and socio-cultural conditions of the Kurdish people living in Turkey who are forcibly displaced due to the armed conflict, and release extensive reports on forced displacement issues.
Said the Observatory delegate: "It is unfortunate to note that despite the amendment made to Article 312/2 of the TPC by the Third Harmonization Package adopted on August 3, 2002, State Security Courts continue to use this legal ground as a tool for repression against human rights defenders. The Court’s decision clearly demonstrates that the Turkish judiciary does not pay due consideration to international human rights conventions ratified by Turkey, and persist to refrain from implementing legislative reformsin Turkey "
On February 6, and August 3, 2002, Turkey amended several provisions in the penal code that have frequently been used to sentence human rights defenders for peacefully expressing their views in human rights reports. The new provisions narrow the use of Article 312/2 (incitement to enmity and hatred) by requiring ''that the incitement endanger public order''. However, this requirement has been use to increase Mr. Gürbüz sentence.
The Turkish Penal Code further defines expression of thoughts, ideas and opinions very vaguely. A large number of “though and expression crimes” are tried under the section “Felonies against the State”, and dealt with by the State Security Courts. The reform of the Judicial system, in particular the abolition of the State Security Court, should urgently become a priority for the Turkish government in its bid to join the European Union.
The Observatory recalls that the E.U. Accession Partnership required Turkey to "improve the situation in the south-east, with a view to enhancing economic, social and cultural opportunities for all citizens." The two organisations have pointed out that the Kurdish question in Turkey may not be solved without an effort towards the recognition of the role and importance of the civil society in the country, and including organisations such as Göc-Der who advocate for the rights of displaced persons in the country.
The implementation of the Return to Village and Rehabilitation Program by the Turkish government shows serious deficiencies, including the exclusion of local non-governmental organizations in the implementation of the program and their persecution for expressing an interest in the program
In light of yesterday’s decision, the Observatory urges the Turkish authorities to comply with its international obligations and with the EU Accession Partnership. In particular, the Observatory urges Turkey:
1.to lift the penalty against Sefika Gürbüz, drop the charges against other board members of the association Göç-Der and put an end to any kind of judicial harrasment against human rights defenders who exercise their freedom of expression in Turkey;
2.to conform with the provisions of the Declaration on Human Rights defenders, adopted by the United Nations General Assembly on December 9, 1998, in particular its articles 6.b, which states that “everyone has the right, individually and in association with others [...] freely to publish impart or disseminate to others views, information and knowledge on all human rights and fundamental freedom” and article 8.2, which states that “everyone has the right [...] to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms”;
3. to conform with the international and regional human rights instruments ratified by Turkey, as well as with the Principle 25 § 2 of the U.N. Guinding Principles on Internal Displacement;
4.to abolish the State Security Court in Turkey as they raise serious concerns with regards to the recognition of the freedom of expression in Turkey;
5.to develop a comprehensive and effective Return to Village and Rehabilitation Program that will ensure that internally displaced persons can return to their homes in safety and dignity and can resume their livehoods. The program should be consistent with the U.N. Guiding Principles on Internal Displacement, respect the rights of internally displaced persons by notably ensuring the lifting of the village guards system as which poses a psychological obstacle against return.
For more information, please contact :
FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 24