From: Nizkor English Service <[EMAIL PROTECTED]>
Nizkor Int. Human Rights Team
Derechos Human Rights
Serpaj Europe
Urgent Solidarity
24Oct01
THE GOVERNSHIP OF THE EMERGENCY STATE REGION (ESR) AND THE DIYARBAKIR
STATE SECURITY COURT INITIATE PROCEDURES AIMED AT CLOSING DOWN THE
DIYARBAKIR REHABILITATION CENTER FOR VICTIMS OF TORTURE.
The Observatory for the Protection of Human Rights Defenders, a program
of FIDH and OMCT, requests your URGENT intervention in the following
situation in Turkey.
New Information:
The Observatory has been informed by the Human Rights Foundation of
Turkey (HRFT) that two procedures have been initiated against the
Diyarbakir Rehabilitation Center of the Human Rights Foundation of
Turkey (HRFT).
According to the information received, the first procedure was launched
by Diyarbakir State Security Court against the HRFT in what seems to be
an attempt to hinder the activities of the Rehabilitation Center, which
brings assistance to victims of torture. This legal procedure follows
the confiscation of medical files operated on September 7th, 2001 during
a raid on the HRFT Diyarbakir office. However no clear link can be
established between the holding of those files, which have since then
been restituted, and the current procedures. It is also reported that
two doctors who worked with the Center and where at the same time public
servants, have been obliged to quit Diyarbakir to exercise their
profession in the rural districts.
Furthermore, our source related that, in addition and in parallel to
this judicial procedure, the Governship of the Emergency State Region
(ESR) has issued an administrative order of closure against the HRFT
office. The Governship enjoys the authority to close down the Center
without giving any official reasons under the auspices of Decree no.
285. A characteristic of the decision taken under the ESR law consists
in its administrative nature, implying that it can not be brought before
domestic jurisdictions for an appeal.
The Observatory is gravely concerned about the continuing harassment and
persecution to which the Human Rights Defenders are being subjected, and
the accumulation of judicial proceedings which prevent them from being
able to effectively engage in their respective activities, in total
violation of their right to the freedom of expression and opinion.
Furthermore, the Observatory underlines the fact that the offer of
medical assistance to victims of torture in that region could suffer
from this possible closure.
Brief reminder of the situation:
The Observatory had been informed by the Human Rights Foundation of
Turkey (HRFT) that the Police had carried out a raid on its Diyarbakir
office (situated in the South East of Turkey) on September 7th , 2001.
The Public Prosecutor reportedly had granted the Police permission to
"search for banned publications which were alleged to be therein",
allowing the policemen to seize all the dossiers, documents and computer
files they considered relevant to their investigation. Included in the
documents confiscated were some officially banned journals, the
ownership of a single copy of which does not constitute an offense.
Furthermore, the Police had seized medical files that were confidential,
or transmitted only in accordance with the concerned individual' wishes,
a condition that is essential to the work of the HRFT.
ACTION REQUESTED
Please write to the authorities in Turkey urging them to:
i. put an end to any kind of harassment against human rights NGOs and
all human rights defenders in the country, and ensure that they be
allowed to carry out their work without obstacles;
ii. in particular, ensure that judicial proceedings and administrative
procedures carried out by virtue of the Emergency State Region law are
not conducted in an arbitrary manner;
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 stipulates that "everyone has the right,
individually and in association with others, to study, discuss, form and
hold opinions on the observance, both in law and in practice, of all
human rights and fundamental freedoms and through these and other
appropriate means, to draw public attention to those matters" and
article 6. a. according to which everyone has the right "to know, seek,
obtain, receive and hold information about all human rights and
fundamental freedoms, including having access to information as to how
those rights and freedoms are given effect in domestic legislative,
judicial or administrative systems";
iv. more generally abide by the Universal declaration on Human Rights
and Covenants and international Conventions ratified by Turkey.
ADDRESSES
1. Minister of Interior, Mr Saadettin Tantan, I�isleri Bakanligi, 06644
Ankara, Turkey.
Fax: + 90 312 418 17 95, email: [EMAIL PROTECTED]
2. Minister of Justice, Prof Hikmet Sami T�rk, Ministry of Justice,
Adalet Bakanligi, 06659 Ankara, Turkey. Fax: + 90 312 417 3954 / 418
5667, email: [EMAIL PROTECTED]
3. State Minister with responsibility for Human Rights, Mr R�st� Kazim
Y�celen, Office of the Prime Minister, Basbakanlik, 06573 Ankara,
Turkey. Fax: + 90 312 417 0476
Geneva � Paris, October 23th, 2001
[Source: The Observatory for the Protection of Human Rights Defenders -
Urgent Appeal TUR TUR 006/0109/OBS 074.1 - 23Oct01]
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RELATED LINKS:
Human Rights in Turkey
http://www.derechos.org/human-rights/mena/turkey.html
Hunger strikes and prison interventions in Turkey: Publication of
observations by Council of Europe Anti-Torture Committee delegation.
16mar01
http://www.cpt.coe.int/en/press/20010316en.htm
Press Release: Publication of the report on the visit to Turkey in
August 1996. European Committee for the Prevention of Torture. 01mar01
http://www.cpt.coe.int/en/press/20010301en.htm
Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms: A/RES/53/144
http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.RES.53.144.En?OpenDoc
ument
OMCT (WORLD ORGANISATION AGAINST TORTURE) PUBLICATIONS:
- � F-Type prisons crisis and the repression of human rights defenders
in Turkey, Report from a Fact-Finding mission to Istanbul and Ankara on
5-11 May 2001 with Updates", OMCT, KHRP and EMHRN Observer mission,
October 2001.
- Turkey: Amended Article 16 of Turkish Anti-Terror Law - CINAT's
position (Position Statements, 2/7/2001)
- Turkey, repression against political prisoners and human rights
defenders (Background / Miscellaneous, 20/3/2001)
- OMCT Position Paper for the 2001 Commission on Human Rights (Position
Statements, 21/12/2000).
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