Turkey: detention of human rights lawyer

20 October 1997


The Observatory for the Protection of Human Rights Defenders, an FIDH
and OMCT venture, request your URGENT intervention in the following
situation in Turkey :

Brief reminder of the situation:

The Observatory has been gravely concerned for the freedom and
security of Esber Yamugdereli, lawyer and reputed human rights
defender who faced imminent risk of arrest and a 23 years prison
sentence.

Sometime before the military take-over of 1980 Esber Yamugdereli was
sentenced to 5 years in prison for  "supporting illegal
organisations".

In 1982 the military - still in power - decided to reopen his case.
Against the most fundamental of rights, his sentence was commuted to
life. Having served 15 years, he was conditionally released. The
authorities refused, however to return his passport.

Esber Yamugdereli, released from prison, continued his human rights
work and was invited to many demonstrations. During one of these many
he attended, he spoke on the search for a peaceful solution to the
Kurdish issue in the South East of Turkey. For this action he was
sentenced by the Security Court on charges relating to separatist
propaganda -.based on article 8 of the anti terrorist law - and
sentenced to 10 months in prison.

The appeal against this sentence was rejected in May 1997, and his
final appeal in the Supreme Court has also been rejected.

In addition to the 10 months sentence, Esber Yamugdereli faces also
the remaining part of the life sentence which was handed down by the
Military Court in 1982.In total, he now faces 23 years imprisonment .

Esber Yamugdereli is a prominent human rights defender. Up to his
departure he was involved in trying to improve the conditions of
political prisoners. With the writer Yachar Kemal, he intervened to
help end the hunger strike in Turkish prisons which has resulted in
the death of 12 persons in the Summer of 1996. Along with many other
Turkish intellectuals he gathered in less than a month more than a
million signatures in favour of peace in Turkey.

Esber Yamugdereli faces a sentence handed down by a special court
during a period of martial law which runs contrary to international
norms, most notably the European Convention on Human Rights.

New information:

On 19 October 1997, when Esber Yamugdereli was leaving the studios of
the television channel KANAL D, where he was participating in a
programme, he was arrested by the police. At the time of issue of this
urgent action., he is still being detained at a police station , and
it is feared that he will be transferred to the Bayrampasa prison to
serve the 23 years prison sentence .

The Observatory considers the detention of Esber Yamugdereli arbitrary
and a violation of the freedoms of opinion and expression guaranteed
by the European Convention on Human Rights ratified by Turkey in 1954
.

Action Requested
Please write to the Turkish Authorities requesting that they:

i	immediately release Esber Yamugdereli and grant an immediate amnesty
for him and all other human rights defenders condemned for their
opinions on the basis of article 8 of the Anti terrorism law;

ii	repeal article 8 of the Anti Terrorist Law;

iii	effectively guarantee the freedom of opinion and expression of
human rights defenders in accordance       with the international and
regional Conventions which have been ratified by Turkey and in
particular the European Convention on Human Rights .

Addresses :

Monsieur le Président Demirel, Président de la République, Présidence,
Cumhur Baskanligi, 06 100 Ankara, Fax : 90 312 427 13 30

Monsieur Yilmaz, Premier Ministre, Basbakanlik, 06 573 Ankara, Fax :
90 312 417 04 76

Monsieur Olatan Sungurlu, Ministre de la Justice, Fax : 90 312 417 39
17

Monsieur Basegioglu, Ministre de l'Intérieur, Fax 90 312 419 16 64


Geneva - Paris, 20 October 1997

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.