A HUMAN RIGHTS LAWYER SENTENCED TO 30 MONTHS IN PRISON
AZG Armenian Daily
02/12/2006
Freedom Of Expression At Risk
The International Federation for Human Rights (FIDH) and the World
Organisation Against Torture (OMCT) express their deep concern
regarding the condemnation of Mr. Selahattin Demirtas, a lawyer and
the Chairman of the Diyarbakir Branch of the Human Rights Association
(HRA).
According to the information received, on November 14, 2006,
Mr. Selahattin Demirtas was sentenced to 15 months in prison by the
4th Heavy Penal Court and a suspended sentence of 15 more months by
the 5th Heavy Penal Court for propaganda for an illegal organisation,
on the basis of an official complaint filed by the Diyarbakir Security
Directorate. This complaint followed two public statements made by
Mr. Demirtas in June and July 2005, during which he took position in
favour of a peaceful and negotiated solution to the Kurdish issue
through discussions with Abdullah Ocalan, who, he stated, should
be considered as indispensable as he is regarded as a leader by the
Kurds. The Diyarbakir Chief Public Prosecution Office decided to
file two separate claims against Mr. Demirtas at the 4th and 5th
Heavy Penal Courts (previously known as State Security Courts), for
violation of Article 220/8 of the Turkish Penal Code which provides
that "those who do propaganda for an illegal organisation or for its
aims in published writings or through media channels are sentenced
to 18 months to 4.5 years imprisonment with hard labour".
Mr. Demirtas appealed against both sentences, and the Supreme Court
should make a decision within six months. Our organisations recall
that Mr. Demirtas has been subjected to numerous legal proceedings due
to his statements or activities in favour of human rights, peace and
democracy. Indeed, more than 80 investigations were launched against
him, and among them, 14 cases were brought to court in the last few
years1. Our organisations express their deepest concern about this
sentence which illustrates ongoing repression of freedom of expression
in Turkey, in particular when it comes to statements regarding a
peaceful solution to the Kurdish issue. This decision blatantly
violates Turkey’s commitments regarding freedom of expression,
in particular the International Covenant on Civil and Political
Rights (article 19.1 and 19.2), as well article 10 of the European
Convention on Human Rights and article 9.1 of the Document of the
Copenhagen Meeting of the Conference of the Human Dimension of the
Conference for Security and Cooperation in Europe (CSCE), which all
provide the right for everyone to "freedom of expression" including
the freedom to receive and impart information and ideas, without
interference by public authority and regardless of frontiers. FIDH
and OMCT remind the Turkish authorities that they have to conform
with the provisions of the Declaration on Human Rights Defenders
adopted by the UN General Assembly on December 9, 1998, in particular
article 6c), which provides that everyone has the right "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". Our organisations urge the Turkish authorities to ensure
Mr. Demirtas a fair and impartial trial in appeal and to guarantee
freedom of expression in any circumstances, in accordance with the
above-mentioned regional and international human rights instruments.
International Federation for Human Rights (FIDH) World Organisation
Against Torture (OMCT).