URGENT ACTION - THE OBSERVATORY

TUR 004 /9812 / OBS 089

Closing down of several branches of the l’IHD/ Judicial persecution

TURKEY

22 December 1998

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

Brief Description of the Situation:

The Observatory has been informed by the Association of Human Rights in Turkey (IHD), member organization of the FIDH and the OMCT, of the successive forced closure of three of their sections.

The branches of the IHD located in Bursa, Mardin and Balikesir were closed down on November 13th, and December 16th and 17th 1998 respectively. The Mardin and Balikesir branches were closed down following a warrant issued by the First Instance Court. The reason given for each decision was, as in previous cases, the holding of publications regarding the defence of human rights qualified as forbidden. Furthermore, the Director of the Balikesir Branch, Dr. Bekir Ceylan, was fired from his job. There are serious concerns over the fact that this decision could be linked to his position as executive member of the IHD .

Moreover, the Observatory has been informed that Mr. Akin Birdal, Chairman of the Association of Human Rights in Turkey and Vice-Chairman of the FIDH has once again been sentenced.

On 16 December 1998, the Security Court of Adana (SSC) sentenced him to one year’s imprisonment because of "separatist propaganda" based on Article 312 of the Turkish Penal Code that represses incitement to hatred and discrimination on the basis of race, religion or origin. Once again, this sentence follows a speech delivered by the President of the IHD claiming for the peace in the South-East, in Mersin, during the Human Rights World day. This sentence shall be revised by the Court of last resort, the Criminal Chamber’s General Commission of the Appeal Court.

The Observatory recalls that the President of the IHD is currently the object of more than ten criminal procedures. Mr. Akin Birdal could be arrested at any moment to serve a previous one year’s imprisonment sentence which was affirmed on the 27th of October 1998. This sentence was issued following declarations made by the President of the IHD in 1996, during the World Day for Peace. (See Appeal Cases TUR 003 /98O7 /

OBS O56, OBS 056.01, OBS 056.02 and OBS 056.03).

The Observatory once again condemns all of these decisions, which are not in compliance with freedom of opinion and expression laid down in the international conventions, particularly the European Convention on Human Rights, ratified by Turkey.

The Observatory recalls that Turkey is one of the States that systematically hinders human rights defenders from doing their work, situation which is once again confirmed by this Urgent Action.

Action requested:

Please write to the Turkish authorities urging them to:

i. take the appropriate measures in order to guarantee non-governmental human rights associations and their members, the means to act freely - promoting and defending human rights and fundamental freedoms.

ii. abrogate the articles of the anti-terrorism Act and the Turkish Penal Code restricting freedom of opinion and expression ;

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 which mandates that "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".

iv. more generally abide by the Universal declaration on Human Rights and Covenants and Conventions ratified by Turkey, concerning freedom of association, freedom of expression and opinion.

Geneva - Paris, 22 December 1998

Kindly inform us of any action undertaken, quoting the reference number given above.

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.