International Federation for Human Rights (FIDH)
World Organisation Against Torture (OMCT)
PRESS RELEASE
FIDH
Karine Appy, Attachée de presse/Press Officer
+33 1 43 55 14 12
+33 1 43 55 25 18
+33 6 68 42 93 47
TURKEY
A HUMAN RIGHTS LAWYER SENTENCED TO 30 MONTHS IN PRISON
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.
For more information, please contact
FIDH: Karine Appy + 33 1 43 55 14 12 / + 33 1 43 55 25 18 –
[email protected]
OMCT: + 00 41 22 809 49 39