Turkey: Human Rights Defendors arrest -follow up The Human Rights Actions Network - Derechos Human Rights http://www.derechos.org/human-rights/actions/ SPECIAL APPEAL HUMAN RIGHTS DEFENDERS Case TUR 100596.3 Third Follow-up of Case 100596 The International Secretariat of OMCT/SOS-Torture has received new information and requests your continuing intervention in the following situation in Turkey. Brief reminder of the situation : The Association for the Prevention of Torture (APT), a member of the network, expressed its grave concern over the systematic repression of human rights defenders in Turkey, in particular of leaders and employees of the Turkish Foundation for Human Rights (TIHV). According to information received, leaders as well as the medical and other staff of the TIHV were being subjected to various forms of intimidation by the Turkish authorities, which had intensified since December 1995. In a letter dated 21 December 1995 (Ref. No. AKGY- 1819- 13790) and sent to various State Departments, including the Ministries of Health and Justice, the Turkish Ministry of Foreign Affairs claimed that TIHV had been accepting financial support from foreign countries on the pretext of imaginary treatment centres and projects and disseminating the political propaganda that "torture and ill-treatment practices are widespread in Turkey...". The letter further demanded that judicial and administrative procedures should be initiated against the TIHV. The TIHV sections of Ankara, Istanbul, Izmir and Adana were the subject of criminal and administrative prosecutions launched by the Ministry of Health on the request of the Ministry of Foreign Affairs. Mr Mustafa Cinkillic and Mr Tufan Kose, leaders of the TIHV section of Adana, were the subject of a prosecution in Adana. The charges - "opening an unlicensed health centre and not informing the security directorate about the treated victims of torture"; "disobedience to the orders of official authorities" and "negligence in denouncing a crime" - had been brought on the grounds of their refusal to disclose confidential information from their medical records of 167 torture victims treated at TIHV to the Turkish authorities. The third hearing in the trial against Mr Mustafa Cinkillic and Mr Tufan Kose had ended with another postponement. The fourth hearing had to be held on 8 November and it appeared likely that a verdict would be delivered on this date. If found guilty the defendants faced fines and imprisonment. New information : According to information received from the Rehabilitation and Research Centre for Torture Victims/International Rehabilitation Council for Torture Victims (RCT/IRCT), a member of the network, the trial only lasted 15 minutes. As the judge was not the same as at the third hearing - up to now, three different judges have presided - the trial was postponed until Friday, 17 January 1997. The barrister for the defendants informed that this postponement was against Turkish law, according to which a trial of this nature has to reach a verdict within 9 months. This time frame ends on December 1, 1996, after which the case should be considered expired. The barrister made known that at the next hearing, should it be held, the defence will plead for acquittal on the grounds of transgression of the time limit. Mr Mustafa Cinkillic faces a prison sentence of 3 to 6 months while Mr Tufan Kose is demanded to be fined under articles 526 and 530 of the Turkish Penal Code. According to information received from another reliable source, the trial launched by the Istanbul Public Prosecution Office against Ms Sukran Akin, the Istanbul Representative of the TIHV, on the accusation that "she had acted in contravention of the Law on Private Hospitals", resulted in acquittal in the first hearing of the trial held on 1 November 1996 at the Istanbul Beyoglu Penal Court of Peace No. 3. Action requested: Please continue to write to the Turkish authorities urging them to: i. take the appropriate measures to guarantee the physical and psychological integrity of Mr Mustafa Cinkillic and Mr Tufan Kose and all other people working in the field of human rights; ii. immediately drop all charges against Mr Mustafa Cinkillic and Mr Tufan Kose in the absence of a valid legal cause; iii. immediately cease the harassment of human rights defenders and associations, in particular individuals and associations working for the rehabilitation and treatment of torture victims ; iv. guarantee in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international standards. Addresses: President Suleyman Demirel, Office of the President, Cumhur Baskanligi, 06100 Ankara. Telegram : President Demirel, Ankara, Turkey. Prime Minister Necmettin Erbakan, office of the Prime Minister, Basbakanlik, 06573 Ankara, Turkey. Fax : + 90 312 417 0476 Mrs. Tansu Ciller, Minister of Foreign Affairs, Ministry of Foreign Affairs, Disisleri Bakanligi 06100 Ankara Turkey. Fax : + 90 312 419 15 47 Geneva 11 November 1996 Kindly inform us of any action taken quoting the code of this appeal in your reply. Ben Schonveld Projects Manager OMCT - SOS Torture Tel: +41-22-733 31 40 Case Postale 119 Fax: +41 22-733 10 51 CH 1211 Geneva 20 Conf: omctsostorture@conf.igc.apc.org Switzerland OMCT@iprolink.ch OMCT is the l'Organisation Mondiale contre la Torture The World Organisation Against Torture