May 12, 2020 | Advocacy, Non-legal submissions
The ICJ has written to the Commissioner for Human Rights and the Rapporteurs on Turkey of the Parliamentary Assembly to alert them to the continued detention of Selahattin Demirtaş and Osman Kavala despite rulings by the European Court of Human Rights.
The International Commission of Jurists recalled that in both the Demirtaş and Kavala cases the European Court of Human Rights, in finding a violation of article 18 ECHR, determined that the detention of the applicants had been ordered in pursuance of an ulterior purpose than those allowed by article 5.1 ECHR.
That purpose was silencing of human rights and other activists, stifling pluralism and limiting freedom of political debate and utilizing pre-trial detention as a method of arbitrary punishment.
The Turkish government is however not releasing the applicants on the ground that the Chamber judgments have not yet become final.
Meanwhile, the authorities have initiated new investigations against both Demirtas and Kavala, and issued new detention orders on similar though not identical charges as those reviewed in the Court’s judgments, with the apparent intent not to implement the ECtHR judgments.
The ICJ considers that these developments may be seen as integral to the ulterior purpose identified by the Court in its Kavala and Demirtaş decisions. Under these conditions, both Kavala and Demirtaş may expect their arbitrary detention to be continued for an unlimited period of time through arrest orders based on fabricated investigations.
The ICJ further reiterated the importance of enabling access to alternatives to detention for all pre-trial detainees who may be at risk because of COVID-19 if they do not pose a current threat to public safety, regardless of the nature of the offences with which they have been charged. It stressed that, since Mr. Demirtaş and Kavala, along with many politicians and human rights defenders accused of security related offences in Turkey, do not pose a threat to public safety, they should be released as soon as possible.
ICJ-Letter-DemirtasKavala-PACERapporteurs-2020-eng (download the letter to the PACE Rapporteurs)
ICJ-Letter-KavalaDemirtas-CommissionerHR-2020-eng (download the letter to the Commissioner for Human Rights)
Mar 30, 2020 | News
The ICJ is calling on the Turkish Parliament to extend the planned provision of alternatives to detention in response to the COVID-19 crisis to all those imprisoned for non-violent crimes who do not pose a current threat to members of the public, regardless of the nature of the offences for which they have been charged.
In particular, alternatives to detention should apply to all those detainees who are particularly at risk at losing their life or suffering severe health effects from COVID-19.
Measures to protect the right to life, the right to health and other human rights must apply equally and without discrimination in line with Turkey’s international legal obligations.
The government have announced the tabling of a draft law to reduce the prison population that has been under discussion in recent months. The process has been accelerated with the purported aim of addressing the serious health risk that an outbreak of COVID-19 contagion would pose to the prison population. However, the draft law has not been adapted to address the health crisis and contains several shortcomings.
The new measures would grant alternatives to detention, including house arrest or early parole to an estimated one-third of the prison population.
This welcome move is however limited by the exclusion of those convicted or under trial for terrorism offences or offences against the State.
“In Turkey, terrorism offences and offences against the State have long been abused to arrest, try and jail human rights defenders, lawyers, judges and political opponents,” said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme. “The rights to life and health of these groups are now at particular risk.”
The ICJ considers that it is also essential that all detainees who are members of a group whose life or health may be at risk because of COVID-19 have either access to alternatives to detention, if they do not pose a current threat to public safety, or, otherwise, to detention conditions that may preserve them as far as possible from such risk.
“The State has a non-derogable obligation to protect the right to life of all its prison population, without discrimination of any sort,” Massimo Frigo added.
Mar 6, 2020 | Advocacy, Non-legal submissions
The ICJ, speaking in a general debate at the UN Human Rights Council in Geneva, urged all States to work together towards adoption of a treaty on business and human rights, and highlighted threats to the independence of the judiciary in Europe.
The statement, delivered in the general thematic debate at the Council, read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the 5th session of the Intergovernmental Working Group (A/HRC/43/55) in charge of the elaboration of a treaty on business and human rights and notes the consensual nature of its conclusions and recommendations. Abuses of human rights and environmental degradation caused with the involvement of business enterprises have so far been met with very limited action by businesses and States.
The ICJ considers that the revised draft treaty is a serious and advanced proposal that is suitable for negotiations and thanks the Chair-Rapporteur for its efforts and leadership in this process.
The ICJ urges States that are not yet actively involved in the negotiations to join the growing number of States that are active for a final push.
The ICJ also draws the attention of the Council to serious threats to independence of judges and lawyers in European countries.
In Poland, judges are being disciplined merely for applying EU law, under legislation curtailing their freedom of expression and independence.
In Turkey, independence of lawyers and judges continues to be seriously compromised, as demonstrated by the disciplinary proceedings against the Gezi trial judges launched after critical comments by the President of Turkey.
The ICJ urges the Council to give attention to these developments of extreme concern.”
Feb 28, 2020 | Advocacy, Cases, Legal submissions
The ICJ has intervened with an expert opinion to support the board members of the Turkish Medial Association in the appeal against their conviction for hate speech offences. The conviction raises significant concerns for freedom of expression.
The case before the Appeal Court concerns 11 defendants, all members of the Council of the Turkish Medical Association: Mehmet Raşit Tükel, Taner Gören, Sinan Adıyaman, Mehmet Sezai Berber, Selma Güngör, Bülent Nazım Yılmaz, Funda Barlık Obuz, Dursun Yaşar Ulutaş, Ayfer Horasan, Şeyhmus Gökalp and Hande Arpat.
On 3 May 2019, the defendants were convicted at first instance by the Ankara 32 Assize Court for having issued statements opposing the war during Turkey’s Operation Olive Branch in Syria.
The Assize Court concluded that the members of the Council publicly provoked hatred or hostility in one section of the public against another section which has a different characteristic based on social class, race, religion, sect or regional difference, in a way that creates an explicit and imminent danger to public security. The Court sentenced each defendant to two terms of 10 months’ imprisonment for provoking the public to hatred and hostility in two separate statements.
Hande Arpat was additionally convicted of “disseminating propaganda in support of a terrorist organization” to 18 months and 22 days in prison concerning her three Facebook posts.
The ICJ expert opinion presented before the Court of Appeal examines international law standards relevant to the criminalization and prosecution of crimes of expression.
Turkey-AssDoctors-ExpertOpinion-2020-ENG (download the expert opinion in English)
Turkey-AssDoctors-ExpertOpinion-2020-TUR (download the expert opinion in Turkish)
Feb 28, 2020 | News
The ICJ and the International Bar Association’s Human Rights Institute (IBAHRI) urge the Turkish Council of Judges and Prosecutors (CJP) to stop their investigation into the three judges of the Istanbul 30th Heavy Penal Court who, on 18 February 2020, acquitted the defendants in the Gezi Park trial due to a lack of evidence.
According to a statement from 30 Turkish bar associations, the sole reason for the investigation was the acquittal in the Gezi Park trial. The Council of Judges and Prosecutors, the body of self-governance of the judiciary, has the power to launch and take disciplinary action against judges, including disciplinary proceedings leading to removal from office.
“The launch of such an investigation is a further sign of the grave decline of the rule of law in Turkey”, said Massimo Frigo, Senior Legal Adviser for the ICJ Europe and Central Asia Programme “The disciplinary proceedings against these judges appear to be a direct interference in their decision-making power and will have a chilling effect on the independence of all members of the judiciary.”
“The role of the Council of Judges and Prosecutors should be to protect the independence of the judiciary – not to be an instrument of control and pressure against individual judges” said Massimo Frigo.
IBAHRI Co-Chair, the Hon Michael Kirby AC CMG, commented: “The IBAHRI and the ICJ jointly welcomed the acquittal of Osman Kavala and the other 15 defendants. Now, we condemn the re-arrest of Mr Kavala, continue to stand with the defendants, and call for Mr Kavala’s immediate release. We implore the Turkish Council of Judges and Prosecutors to reconsider the hugely damaging impact their inspection of the judges will have on the principles of judicial independence and the rights of lawyers, and to cease all action in this respect.”
The launch of this investigation occurred immediately after the acquittals in the Gezi trial, spurred by the vehement public protests by President Erdogan against the verdict.
30 Turkish Bar Associations have issued a statement calling for the resignation of the members of the Council of Judges and Prosecutors and considered this investigation as a violation of the principle of judicial independence under the Turkish Constitution.
Background
The defendants in the Gezi trial – with the exception of those not present in Turkey who will be tried separately – were acquitted on 18 February for lack of evidence. The ICJ and IBAHRI welcomed the acquittal after having observed all hearings of the trial. The very evening of the verdict, one of the defendants, Osman Kavala, was re-arrested on suspicion of “attempting to disrupt the constitutional order” connected to the failed coup attempt of 2016.
Osman Kavala has been in detention since 18 October 2017 pending trial on charges connected to the Gezi Park protests. The Gezi Park protests began in May 2013 as an effort by a group of environmentalists to save a park in central Istanbul from being rezoned, but soon grew into nationwide demonstrations. Police quelled the protest in Taksim Square with the use of tear gas and water cannons.
Contact:
Massimo Frigo, ICJ Senior Legal Adviser – e: massimo.frigo(a)icj.org – t: +41229793805
