Turkey: Repression against human rights organization

    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 "[e]veryone 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.

Adresses :

-Mr. Yilmaz, Prime Minister, Basbakanlik, 06 573 Ankara, Fax : 90 312 417 
04 76
-Mr.  Olatan Sungurlu, Minister of Justice, Fax : 90 312 417 39 17

Geneva - Paris, 22 December 1998

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.