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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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