Arbitrary detention / Judicial proceedingsUrgent Appeal: Mr. Ethem Açikalin

The Observatory has been informed by the Human Rights Association (İnsan Hakları Derneği – İHD) about the arbitrary arrest of Mr. Ethem Açıkalın, Chairperson of the İHD branch in Adana.

According to the information received, on January 23, 2008, Mr. Ethem Açıkalın was arrested in Adana and accused of “being a member of an illegal organisation” (Article 314 of the Turkish Penal Code, with reference to Article 220/6 of the Penal Code in the Turkish Law N° 5237) and “making propaganda of an illegal organisation” (Article 7/2 of the Anti Terror Law N° 3713).

These charges are related to Mr. Ethem Açıkalın’s participation in a press conference organised on December 17, 2007 by the Front for Rights and Freedoms of Adana (Adana Haklar ve Özgürlükler Cephesi) in order to denounce the assassination on December 10, 2007 of Ms. Kevser Mızrak, reportedly a member of the Revolutionary People’s Liberation Party/Front (Devrimci Halk Kurtulus Partisi – Cephesi – DHKP-C), in Ankara. Ms. Mızrak was allegedly killed by police forces. During the press conference, a document was read, denouncing extrajudicial executions and calling upon the security forces to prevent such human rights violations.

As of issuing this urgent appeal, Mr. Açıkalın is detained at the F-Type Prison in Adana. He was accused of being a member of the DHKP-C (on the basis of Article 314 of the Turkish Penal Code), along with six other opponents who were also arrested on January 23, 2008, and faces from one to seven years and a half in prison.

The Observatory expresses its deepest concern about Mr. Ethem Açıkalın’s arbitrary detention, which seems to merely aim at sanctioning his human rights activities, and recalls that as a Participating State of the Organisation for Security and Cooperation in Europe (OSCE), Turkey acknowledges that “the […] UN Declaration on Human Rights Defenders [… places] a responsibility […] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”. (See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.)

Actions required:

Please write to the Turkish authorities, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Ethem Açıkalın;

ii. Release immediately Mr. Ethem Açıkalın, as his detention is arbitrary as it seems to merely aim at sanctioning his human rights activities;

iii. Put an end to all acts harassment, including at the judicial level, against Mr. Ethem Açıkalın and all human rights defenders in Turkey;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly 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”, as well as 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 the rights referred to in the present Declaration”;

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

Addresses:

Kindly inform the Observatory of any action undertaken quoting the code number 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.