URGENT APPEAL - THE OBSERVATORY
TUR 001 / 0407 / OBS 040
Sentencing / Judicial proceedings
Turkey
April 23, 2007
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Turkey.
Brief description of the situation:
The Observatory has been informed by the International Trade Union Confederation (ITUC) about the sentencing of eleven trade union leaders.
According to the information received, on April 4, 2007, 11 Executive Committee members of a number of unions, which all belong to the Confederation of Public Employees’ Unions (KESK), were all sentenced to one year and three months’ imprisonment and a fine of 407 YTL (about 223 euros) each, for having violating Law n° 2911 on Public Meetings and Demonstrations.
These trade union leaders are: Dr. Ismail Hakki Tombul, KESK President, Mr. Alaaddin Dincer, President of Egitim Sen, Mr. Bulent Kaya, former President of the Municipality Workers’ Union (BES), Mr. Koksal Aydin, President of the Trade Unions of Public Employees in Health and Social Services (SES), Mr. Bedri Tekin, President of the Construction and Roads Workers’ Trade Union (YAPI YOL Sen), Mr. Fehmi Kutan, former President of the United Union of Transport Employees (BTS), Mr. Emirali Simsek, Secretary General of Egitim Sen, Mr. Ozgur Bozdogan, President of Egitim Sen Ankara Branch n°1, Mr. Abdullah Ciftci, President of Egitim Sen Ankara Branch n° 2, Mr. Erkan Sumer, SES Secretary General, and Mr. Murat Kahraman, Executive Committee member of Egitim Sen Ankara Branch n° 1.
While the sentences of nine of the above-mentioned trade union leaders were suspended, the sentences for Mr. Ismail Hakki Tombul and Mr. Fehmi Kutan were not. If these sentences were to be confirmed by the Turkish Higher Court of Appeal, both union leaders would be sent to prison. As of the date of issuing this urgent appeal, no date for the hearing in appeal had been set up.
These eleven trade union leaders were prosecuted following a peaceful teachers’ demonstration organised by Egitim Sen in Ankara on November 26, 2005, which was forcibly repressed by the police. 17 teachers were injured, and ten of them arrested, merely for exercising their legitimate trade union rights.
The Observatory expresses its deep concern about the sentencing of these eleven trade union leaders, which seems to merely sanction their human rights activities, and calls upon the Turkish authorities to drop all arbitrary charges against them.
Actions required:
Please write to the authorities of Turkey urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of peaceful demonstrators in Turkey;
ii. Ensure that the eleven human rights defenders above-mentioned be granted a fair and impartial trial in appeal so that the charges against them be dropped as they are arbitrary;
iii. End all forms of harassment and ill treatment of human rights defenders in Turkey, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;
iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
v. Confirm with the provisions of the Conventions 87 and 98 of the International Labour Organisation on freedom of association and protection of the right to organise, ratified by Turkey;
vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Turkey.
Addresses:
President of Turkey, Mr. Ahmet Necdet Sezer, Cumhurbaskanligi 06100 Ankara,Turkey; Fax: +90 312 468 5026
Prime Minister, Mr. Recep Tayyip Erdogan, TC Basbakanlik Bakanligi Ankara,Turkey, Fax: + 90 312 417 0476 / / 94.76 / 419.11.56; receptayyip.erdogan@basbakanlik.gov.tr
Interior Minister, Mr Abdulkadir Aksu, Ministry of Interior, Icisleri Bakanligi, 06644 Ankara, Turkey; Fax: + 90 312 418 17 95, aaksu@icisleri.gov.tr
Justice Minister, Mr Cemil Cicek, Ministry of Justice/ Adalet Bakanligi , 06659 Ankara, Turkey; Fax: + 90 312 418 5667, ccicek@adalet.gov.tr
Foreign Minister, Mr Abdullah Gul, Office of the Prime Minister,Basbakanlik,06573 Ankara, Turkey; Fax: + 90 312 417 04 76, agul@mfa.gov.tr
Ambassador, Mr. Turkekul Kurttekin, Permanent Mission of Turkey to the United Nations in Geneva, Ch. du Petit-Saconnex 28b - CP 271, CH-1211, Geneva 19, Switzerland, E-mail : mission.turkey@ties.itu.int, Fax: +41 22 734 08 59
Diplomatic Mission of Turkey to Brussels, avenue Louis Lepoutre, 99, 1050 Ixelles, Belgium, Fax: + 32 2 340 98 79
Please also write to the diplomatic representations of Turkey in your respective countries.
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Geneva - Paris, April 23, 2007
