TUR 002 / 0809 / OBS 119
Sentencing / Judicial harassment
Turkey
August 20, 2009
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Turkey.
Description of the situation:
The Observatory has been informed by the Euromed Federation against Enforced Disappearances (FEMED) about the sentencing of Mr. Camal Bektas, President of Yakay-der, an association struggling for the right to obtain the truth on enforced disappearance cases occurred in Turkey.
According to the information received, on August 11, 2009, Mr. Camal Bektas was convicted for “undermining the reputation of the army” and “propaganda and lies against the State” pursuant to Article 55-32, paragraph 6, and Article 37-1, Paragraph 7, Item 2, of the Criminal Code and sentenced by the Fifth Chamber of the Court of Diyarbakir to one year of imprisonment and a fine of 5,5 YTL (three Euros). As the Fifth Chamber of the Court of Diyarbakir has first and final jurisdiction to entertain the most serious crimes, the sentence cannot be appealed, but Mr. Bektas’ lawyer immediately filed an application for review of the conviction before the Supreme Court (Yargitay), in charge of reviewing the decisions and judgements given by courts of justice from the point of their conformity with the law. The application, which suspended the implementation of the sentence, should be examined by Yargitay within three months.
This judicial harassment followed the organisation by Yakay-der of a conference in July 2008 in Diyarbakir during which Mr. Bektas denounced the existence of mass graves in Turkey and accused the army of blocking access to several mass graves.
Mr. Camal Bektas, who is currently visiting his family in France, fears for his safety and physical integrity upon his coming back to Turkey.
Moreover, a criminal investigation on Mr. Bektas was opened in June 2009 in relation to statements he made between February and June 2009, asking for the opening of a mass grave located in Van, a military area in Eastern Turkey. Should the Prosecutor decide to prosecute him, Mr. Bektas risks a prison term ranging from four to five years.
Furthermore, Mr. Bektas as well as other relatives of the disappeared and activists supporting the rights of enforced disappearance victims and their families suffer constant harassment. For instance, Ms. Hacer Nar, a member of the association “Mothers for Peace”, is currently being held in prison in Bakirköy since April 10, 2009 pending her trial on the basis of her alleged links with the Kurdistan Workers Party (PKK). Likewise, Ms. Nezahat Teke another member of the association, has been convicted and sentenced in 2009 to one year and a half of prison by the Fifth Chamber of the Court of Diyarbakir on the basis of similar charges, following appeals for peace in Turkey and her denunciation of conditions of detention of political prisoners.
The Observatory denounces the sentencing and judicial harassment of Mr. Bektas, which seems to merely aim at sanctioning his human rights activities and urges the Turkish authorities to put an end to the judicial harassment against him.
Actions requested:
Please write to the authorities in Turkey, urging them to:
· Guarantee in all circumstances the physical and psychological integrity of Mr. Camal Bektas as well as all human rights defenders in Turkey;
· Ensure that Mr. Camal Bektas’ procedural rights are guaranteed at all times in the examination of the application for review of his conviction and put an end to any kind of harassment, including at the judicial level, against him as well as against all human rights defenders in Turkey;
· Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
· More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Turkey.
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, Office of the Prime Minister Basbakanlik 06573 Ankara, Turkey, Fax: + 90 312 417 0476; receptayyip.erdogan@basbakanlik.gov.tr
· Deputy Prime Minister and State Minister for Human Rights, Mr. Cemil Çiçek Fax: 00 90 312 417 42 06
· Interior Minister, Mr. Beşir Atalay, Ministry of Interior, Içisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95 / +90 312 418 7696, besir.atalay@icisleri.gov.tr
· Justice Minister, Mr. Sadullah Ergin, Ministry of Justice/ Adalet Bakanligi, 06659 Ankara, Turkey; Fax: + 90 312 414 62 26
· Foreign Minister Mr. Ahmed Davudoglu, Office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey; Fax: +90 312 287 88 11
· Chairperson of the Human Rights Commission of the Parliament, Mr. Mehmet Zafer Uskul, TBMM Insan Haklarini Inceleme Komisyonu, Bakanliklar, 06543 Ankara, Turkey, Fax : +90 312 420 53 94, Email: inshkkom@tbmm.gov.tr
· Ambassador, Mr. Ahmet Üzümcü, Permanent Mission of 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
· Diplomatic Mission of Turkey to the European Union in Brussels, avenue Louis Lepoutre, 99, 1050 Bruxelles, Belgium, Fax: + 32 2 340 98 79.
Please also write to the diplomatic mission or embassy of Turkey in your respective country as well as to the EU diplomatic missions or embassies in Turkey.
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Paris-Geneva, August 20, 2009
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a 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:
· E-mail: Appeals@fidh-omct.org
· Tel and fax OMCT: + 41 22 809 49 39 / + 41 22 809 49 29
· Tel and fax FIDH: + 33 1 43 55 20 11 / +33 1 43 55 18 80