Search results

Turkey: Stop prosecution of lawyer Cihan Aydın

Turkey: Stop prosecution of lawyer Cihan Aydın

The International Commission of Jurists (ICJ) called today on Turkish authorities to immediately drop charges of ‘propaganda for terrorism’ against Cihan Aydın, a lawyer and former President of the Diyarbakır Bar Association.

Cihan Aydın learned that he was the subject of a criminal investigation on May 26, apparently based on a statement of the Women Rights Centre of the Diyarbakir Bar Association in 2019 calling for an end to Turkish military action in Syria and calling for diplomatic resolution of the conflict.

Aydın, the President of Diyarbakır Bar Association until April 2021, is known for his human rights litigation and advocacy before domestic courts as well as the European Court of Human Rights including in high-profile and sensitive cases.

 The charges amount to an unjustified interference with freedom of expression, the ICJ said.

“This criminal investigation is yet another case of the misuse of criminal proceedings to attack lawyers and human rights defenders in Turkey,” said Roisin Pillay, ICJ’s Europe and Central Asia Director. “The charge against Cihan Aydin of propaganda for terrorism, based on a call for peace by an institution within the Bar Association, is clearly arbitrary, in violation of freedom of political expression, and should be dropped. The criminal law should never be applied to suppress a call on the government to pursue a peaceful solution to conflict.”

Turkey has obligations under international human rights law, including under Article 10 of the European Convention on Human Rights (ECHR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) to uphold freedom of expression, which can only be restricted to the extent strictly necessary and proportionate to a legitimate aim. Speech on matters of public interest, including political debate or criticism of government policy, must be particularly protected. Moreover, under Article 20 of the ICCPR, states have a duty to protect against war propaganda, and that duty is likely to be undermined if a state seeks to prohibit and punish views that may be critical of war.

Background

On 26 May 2021, Aydin was requested to give his statement about the accusation of “propaganda for terrorism”.

This prosecution follows other investigations against the Diyabakir Bar Association: following a statement about the statement on Armenian Genocide and a statement denouncing the Head of Religious Affairs Directorate for his comments about LGBTI.

The ICJ has extensively documented government persecution of lawyers in Turkey as well as improper restrictions on freedom of expression:

 

 

Turkey : Immediately free lawyer and human rights defender Öztürk Türkdoğan

Turkey : Immediately free lawyer and human rights defender Öztürk Türkdoğan

The ICJ called today on the Turkish authorities to immediately release human rights defender and lawyer Öztürk Türkdoğan, who was arrested this morning after an unlawful search of his home.  The charges against him, if any, are unkown and he is currently being held without access to his lawyer.

Öztürk Türkdoğan is the chair of the Human Rights Association and a lawyer and member of the Ankara Bar Association.

“The arrest and search of Öztürk Türkdoğan’s continues a systematic pattern of misuse of the criminal law to harass and persecute human rights defenders and lawyers in Turkey in recent years,” said Roisin Pillay, ICJ’s Europe and Central Asia Programme Director. “Öztürk Türkdoğan must be released immediately. If he remains in detention then he must be ensured immediate and confidential access to a lawyer, and be informed of the nature of any charges against him and brought promptly before a court.”

The arrest occurred during a search of Öztürk Türkdoğan’s home without the presence of a lawyer, which is in direct contravention of Turkish criminal procedural law.

While no information has been made available on the charges against Öztürk Türkdoğan, he is currently being detained without access to a lawyer for 24 hours, which indicates that the charges are likely related to terrorism or to offences against the State. These offences, contrary to obligations under international human rights law, are vaguely and broadly defined and have been long used and abused by prosecutors in Turkey to suppress human rights defenders, lawyers and political opponents.

Under international human rights law, anyone arrested has a right to prompt and confidential access to a lawyer, and to information on the charges against them.  Arrests and searches of homes must not be arbitrary and must be carried out in compliance with international standards and national laws and procedures.

“Hundreds of lawyers, judges and prosecutors have been improperly arrested, harassed and detained in the past few years by Turkish authorities  ” said Roisin Pillay.  “Using the criminal justice system in this way is contrary to the most fundamental principles of the rule of law.”

Background

Systematic violations of human rights in investigation and prosecution of counter-terrorism offences in Turkey have also been documented by the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, the UN Special Rapporteur on the situation of human rights defenders, the UN Special Rapporteur on the independence of judges and lawyers, theWorking Group on Arbitrary Detention, the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Commissioner for Human Rights of the Council of Europe.

The ICJ has extensively documented these violations:

 

 

 

 

 

“Development” and its discontents in Thailand

“Development” and its discontents in Thailand

An opinion piece by Kingsley Abbott, ICJ Senior International Legal Adviser for Southeast Asia and Sutharee Wannasiri, a Thailand Human Rights Specialist with Fortify Rights.

Late in the evening of 15 May 2014, more than 100 men, most of them armed and wearing black masks, stormed a small village in Loei Province, northeast Thailand and assaulted more than a dozen men and women who oppose a local copper-gold mine.

After testing in 2007 showed contamination of the local water supplies, villagers in six communities surrounding the mine in Loei Province formed a network—Khon Rak Ban Kerd Group (KRBKG)—to advocate for the mine’s closure and rehabilitation of the local environment.

The communities went so far as to barricade the road to the mine in 2014. That’s when the armed men arrived, unlawfully detaining scores of villagers and injuring at least a dozen in a fit of violence that lasted six hours.

Despite the villagers’ calls for help, no police intervened.

Only two of more than 100 assailants were brought up on criminal charges for the attack: a retired Royal Thai Army officer and his son, who is still serving in the Army.

On 31 May 2016, the Loei Provincial Court convicted the two military personnel on criminal charges including causing bodily harm, deprivation of liberty, and the unnecessary use of firearms in public.

They were sentenced to just under two years and three years’ imprisonment, respectively, and ordered to pay nine villagers more than 160,000 Thai Baht (US$4,475) in compensation. The two men have been released on bail.

The company operating the gold mine—Tungkum Ltd.—has vehemently denied wrongdoing and has brought at least 19 criminal and civil complaints against villagers protesting the mine, including most recently a criminal defamation complaint against a 15-year-old girl who narrated a Thai PBS broadcast that touched on the question of the gold mine and the environment.

Sadly, this has been the pattern of “development” in Thailand. Throughout the country, communities face threats, violence, and judicial harassment.

Consider the situation in Surat Thani Province. In the early afternoon of 8 April 2016, an unidentified gunman opened fire on land-rights activist Supoj Kansong as he returned home in his vehicle in Chaiburi District.

He sustained serious injuries in the attack and was fortunate to survive.

But other land-rights activists have not been as fortunate.

Supoj Kansong is the fifth member of the Southern Peasant Federation of Thailand (SPFT)—a group advocating for the land rights of farmers who are in a dispute with the Government and a palm oil company operated by Thai-owned Jiew Kang Jue Pattana Co., Ltd–to have been attacked since 2010.

Four members were shot and killed. To date, only one man faced trial for one of the four killings. He was acquitted.

More recently, in March 2016, Akara Resources Public Company Limited, a Thai gold mining subsidiary of the Australian firm Kingsgate Consolidated Limited, filed complaints of criminal defamation against two human rights defenders who opposed the company’s mining operations in Pichit Province and allegedly posted negative comments about the company on Facebook.

On Thailand’s western border in Tak Province, on 15 May 2015, Thai authorities ordered members of the Mae Sot Rak Thin Group—a network of villagers in Mae Sot District—to vacate their land to make room for the Government’s plan to develop a Special Economic Zone.

Villagers told us that state security forces blocked them from submitting complaints about the eviction to the authorities on multiple occasions.

In all these cases, human rights defenders demanding justice are being sidelined and silenced.

But Thailand has a legal obligation to protect all human rights defenders from retaliation for exercising their rights.

On 17 December 2015, Thailand joined 127 other states at the UN General Assembly in adopting a UN Resolution on human rights defenders.

The Resolution calls upon states to refrain from intimidation or reprisals against human rights defenders and to allow for the peaceful and free expression of dissent.

It calls upon businesses to respect the rights of human rights defenders and to identify and address any adverse human rights impacts related to their activities through meaningful consultation with potentially affected groups and other relevant stakeholders.

In addition, in May 2016, Thailand accepted recommendations from six UN member states related to protecting human rights defenders during its Second Universal Periodical Review at the UN.

Thailand agreed to promptly and thoroughly investigate reports of intimidation, harassment, and attacks against human rights defenders and to hold perpetrators accountable.

Thailand’s support for these principles on the world stage is heartening, but it means little without concrete action at home.

Thailand has a long way to go to ensure its international obligations are met and human rights defenders are protected.

As a start, Thailand should guarantee access to effective remedies and reparations for individuals and communities whose rights have been violated.

The Government should ensure that meaningful legal frameworks are available and effectively implemented to facilitate the Free, Prior, and Informed consent of local communities with regard to development projects, and it should ensure companies are held accountable for any environmental damage and human rights abuses.

 

ICJ calls for reconsideration of Pakistan’s position on UPR recommendations

ICJ calls for reconsideration of Pakistan’s position on UPR recommendations

The ICJ today called on the Government of Pakistan to reconsider its rejection of UPR recommendations on the death penalty and enforced disappearances.

Expressing deep regret over recent events in Pakistan reversing a de facto moratorium on the imposition of the death penalty in the country, the ICJ called on the Government to accept UPR recommendations to adopt an official moratorium with a view to abolishing the death penalty in law. The ICJ also called on Pakistan to accede to the Second Optional Protocol to the ICCPR and to ratify the International Convention for the Protection of All Persons from Enforced Disappearances.

The statement was made during an Interactive Dialogue on the adoption of the UPR of Pakistan (Item 6 of the Council’s agenda) during the 22nd regular session of the Human Rights Council (25 February to 22 March 2013).

Pakistan-HRC22-Item6-NonLegalSubmission-2013 (download full statement in PDF)

Pakistan-UPR-StakeholderSubmission-LegalSubmission-2012 (go to webpage on the ICJ’s submission on the UPR of Pakistan)

ICJ calls for robust implementation of UPR recommendations on Guatemala

ICJ calls for robust implementation of UPR recommendations on Guatemala

The ICJ today called on the Government of Guatemala to fully and effectively implement recommendations and undertakings concerning consultations with indigenous peoples, impunity and the protection of human rights defenders.

The statement was delivered during an Interactive Dialogue on the adoption of the UPR outcome document on Guatemala (Item 6 of the Council’s agenda) during the 22nd regular session of the Human Rights Council (25 February to 22 March 2013).

Guatemala-HRC22-Item6Statement-NonLegalSubmission-2013 (download full oral statement in PDF)

Guatemala-UPR-StakeholderSubmission-LegalSubmission-2012 (go to webpage on the ICJ’s submission on the UPR of Guatemala)

UN Sub-Commission: intervention on terrorism

UN Sub-Commission: intervention on terrorism

The ICJ urges the Sub-Commission on the Promotion and Protection of Human Rights to ensure that initiatives and measures taken by States to counter terrorism do not contravene or undermine human rights and principles of international law.

Translate »