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ATTORNEY URGENT  ALERT

 

TURKEY

24 December 2009

Vice President and Diyarbakýr Branch President of Human Rights Association (IHD)

Lawyer

Muharrem Erbey,

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arrested and  detained

by the Diyarbakýr Special Heavy Penal Court 

 

Source : HUMAN RIGHTS ASSOCIATION (IHD)  

 

 

Lawyer Muharrem Erbey, Vice President and Diyarbakýr Branch President of Human Rights Association (IHD), was detained on early hours of the morning of 24 December 2009 in Diyarbakýr and was arrested  by the Diyarbakýr Special Heavy Penal Court.

Human rights lawyer Muharrem Erbey was then remanded into custody and charged by the Diyarbakır Special Heavy Penal Court on December 26, 2009 of “being a member of an illegal organisation” pursuant to Article 314 of the Criminal Code, with reference to Article 220/6 of the Criminal Code in the Law No. 5237. He is currently detained in the Diyarbakir D Type Prison. He has access to his lawyer and family.

To participate to the Constitution Workshop in Diyarbakýr, to give a speech regarding to the Kurdish Issue in the parliaments of Belgium, Sweden and England, to participate to “Kurdish Film Festival” in Italy and to become a legal adviser of Osman Baydemir (the Mayor of Diyarbakir) are some of the accusations against Muharrem Erbey. These events were describes as illegal activities and Mr. Erbey was accused being “a member of an illegal organisation”.

Following the detention of Muharrem Erbey, the police raided the Diyarbakýr Branch of Human Rights Association in the hope of finding “more evidences”. Besides the unlawful raid, the search and confiscation in our branch, which had not any relation with the related investigation, were a scandal in terms of law. The Diyarbakir Branch of IHD had not been raided even during the years of state of emergency. The accusations against Muharrem Erbey are the activities of a human rights defender. In this way, The United Nations of the Declaration on Human Rights Defenders was violated frankly.

Right to freedom of expression and association was violated once again with the arrest of Muharrem Erbey. With this imprisonment, the rule-of-law principle and Lawyer of Muharrem Erbey’s right to be tried without arrest were violated.

A human rights defender was accused of being “the international affairs officer of an illegal organisation” because of his speeches on Kurdish Issue, which is the most important problem in Turkey, in the parliaments of Belgium, Italy and England.

Since 1986 the Human Rights Association has played a vital role in the promotion of human rights and democracy in Turkey. At the same time it is one of the founders of the Human Rights Foundation of Turkey and an internationally recognised human rights NGO. The operation against İHD’s and detention of Vice General Chairperson of it is an unacceptable event. 

The important role human rights defenders play has been recognised in various international documents such as the OSCE Document of the Moscow Meeting (1991), the Vienna Declaration (1993) or the UN Declaration on Human Rights Defenders (1998). These documents contain provisions protecting human rights defenders who face many risks because of their work for the protection, development and promotion of human rights. Promoting respect for democracy and human rights is only possible when human rights defenders can carry out their work in a safe environment without obstructions.

TAKE ACTION NOW !

Please ask for the immediate release of Muharrem Erbey.

 

 

ADRESSES: 

President Abdullah Gul,

Office of the President,

Cumhurbaskanligi Kosku,

Cankaya,

Ankara, Turquie.

 

Recep Tayyip ERDOĞAN

Prime Minister

Tel: + 90 (312) 415 40 00

Fax: + 90 (312) 417 04 76

Başbakanlık Merkez Bina

 

Beşir ATALAY

Minister of the Interior

E-mail: besir.atalay@icisleri.gov.tr

Tel: + 90 (312) 425 40 80

Fax: + 90 (312) 418 17 95

T.C. İçişleri Bakanlığı, Bakanlıklar

 ANKARA

E-mail: bilgiislem@icisleri.gov.tr

 

Sadullah ERGİN

Minister of Justice

E-mail: sadullahergin@adalet.gov.tr

Tel: + 90 (312) 417 77 70

Fax: + 90 (312) 419 33 70

T.C. Adalet Bakanlığı 06659 Kızılay / ANKARA

E-mail: info@adalet.gov.tr

 

LETTRE: 

 

[Your name here]

 

 

Your Excellency,

 

As a lawyer I have been informed that  lawyer Muharrem Erbey, İHD’s Vice General Chairperson and Chairperson of Diyarbakır Province Branch, was arrested and  detained  on 24 December 2009.

 

Des informations reçues, il apparaît qu'il a été arrêté pour appartenance à une « organisation illégale », alors que la section qu’il préside soit une association officiellement enregistrée.

 

I am concerned that he still detained in the Diyarbakir D Type Prison.

 

Furthermore I would like to point out that in the raid on the IHD’s Diyarbakır Province Branch office, police teams did not allow the workers to get out of the office and confiscated all computers and documents that are the result of twenty-one years of hard work and have an important role in illuminating several murders by unknown assailants, forced disappearances and torture cases.

 

I am concerned that  the accusations against Muharrem Erbey are the activities of a human rights defender because all the activities of human rights defenders are within the frame of freedom of expression and freedom of association.  

 

Since 1986 the Human Rights Association has played a vital role in the promotion of human rights and democracy in Turkey. At the same time it is one of the founders of the Human Rights Foundation of Turkey and an internationally recognised human rights NGO. The operation against İHD’s and detention of Vice General Chairperson of it is an unacceptable event. 

 

The important role human rights defenders play has been recognised in various international documents such as the OSCE Document of the Moscow Meeting (1991), the Vienna Declaration (1993) or the UN Declaration on Human Rights Defenders (1998). These documents contain provisions protecting human rights defenders who face many risks because of their work for the protection, development and promotion of human rights. Promoting respect for democracy and human rights is only possible when human rights defenders can carry out their work in a safe environment without obstructions.

 

According to the United Nations of the Declaration on Human Rights Defenders, the government should protect the human rights defenders.

 

I call upon the Turkich authorities to :

1. immediately and unconditionally release Muharem Erbey and  drop all charges against him, as they manifestly aim at obstructing his human rights activities and his right to freedom of expression and association.

2. guarantee in all circumstances physical and psychological integrity of Muharem Erbey.

3. Comply with the provisions of the UN Declaration on Human Rights Defenders, 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”, as well as 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”

4. more generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international and regional human rights instruments ratified by Turkey.

 

I also call upon again  the Turkish authorities to release Ms. Filiz Kalayci, a lawyer and İHD Executive Committee member who remains arbitrarily detained since May 28, 2009.


I  hope
that you will take this request into consideration.

 

Sincerely,

 

[Signature]

 

 

 

 


 

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