‘Rights Defenders Must Be Released Immediately’, Says CoE Commissioner for Human Rights Muižnieks

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In a message he shared on the official social media account of the Council of Europe (CoE) Commissioner for Human Rights, CoE Commissioner for Human Rights, Nils Muižniek demanded that the rights advocates from various rights organizations who were detained during a training workshop on July 5 in Büyükada and were later arrested, be immediately released.

Muižniek reminded that the assize court had accepted the indictment against the right defenders who were being charged with "membership of and/or aiding an armed terrorist organisation", and said:

"This group comprises eight human rights defenders, including İdil Eser, Director of Amnesty International Turkey, and two trainers. The public prosecutor also requested the Assize Court to include the Chair of Amnesty International Turkey, Taner Kılıç, who had previously been remanded in custody in separate proceedings on alleged membership of an armed terrorist organisation, as a suspect in this case.

"I had already expressed dismay at the detention of Mr Kılıç, Ms Eser and the other human rights defenders and trainers referred to above, as illustrations of the worrying trend of judicial actions targeting the legitimate work of civil society activists in Turkey. However, nine of them remain in detention and they are all now on trial on spurious charges of membership of and/or aiding an armed organisation, facing up to 15 years in prison."

"While I am obviously concerned about the human rights defenders and trainers unjustly targeted in this case, I am also deeply saddened at the chilling effect of these judicial actions on the many civil society actors who carry out invaluable work to further human rights protection in Turkey."

"Taner Kılıç, İdil Eser and the other human rights defenders and trainers referred to above should be released without delay and the criminal proceedings against them should be discontinued."

The first hearing will be held on October 25

The 17-page indictment against the 10 rights rights defenders, eight of whom were arrested, was handed down on October 9, 2017. Amnesty International Turkey Bureau Executive Board President Taner Kılıç, who had been in detention on remand since June, 2017 was later included to the indictment as a suspect. İstanbul 35th Heavy Criminal Court accepted the indictment yesterday (October 17).

In the indictment, the rights defenders are being charged with being a member of the "Fethullahist Terrorist Organization/Parallel State Organization (FETÖ/PDY)", Kurdistan Worker's Party/Kurdistan Communities Union (PKK/KCK) and The Revolutionary People's Liberation Party/Front (DHKP-C).

The first hearing will be held on October 25, 2017 at 10 a.m. before İstanbul 14th Heavy Criminal Court in Çağlayan Courthouse.

What happened?

On July 5, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours.

It was later revealed that the detention warrant had only been issued five hours after the advocates had already been taken into custody.

On July 11, an additional seven days of detention were issued for the rights advocates.

On July 17, the rights advocates were sent to court for arrest on charges of "committing crimes on behalf of an illegal organization as non-members", and "being a member of an illegal organization".

On July 18, Eser, Dalkıran, Kurşun, Acu, Gharavi and Steudtner were arrested. Erkem, Üstün, Taştan and Özbekli were released on probation and an international travel ban was imposed on them.

On July 21, the prosecutor objected to the release of the four rights advocates and a detention warrant was issued for them. Detained while at their homes, Üstün and Erkem were arrested on July 23.

On July 25, Taştan and Özbekli were released on probation with travel bans. Özlem Dalkıran, Peter Steudtner, Ali Gharavi, Veli Acu, Günal Kurşun, İdil Eser and Nalan Erkem are still being kept in Silivri No. 9 F-type Prison and İlknur Üstün is behind bars in Sincan Closed Prison for Women.

According to the indictment submitted to İstanbul Heavy Criminal Court, rights advocate Taner Kılıç, an executive from Amnesty International Turkey Bureau faces from 7.5 to 15 years in prison on the charge of "Being a member of the armed Fethullahist Terrorist Organization (FETÖ)" and other rights advocates are facing from 5 to 10 years in prison on the charge of "aiding an armed terrorist organization"

On October 17, İstanbul 35th Heavy Criminal Court accepted the indictment charging the rights defenders of crimes related to Articles 220(6), 314(2), and 314(3) of the Turkish Penal Code.

Turkish Penal Code

Forming organized groups with the intention of committing crime

ARTICLE 220 (1) Those who form or manage organized groups to executes acts which are defined as offense by the laws, is punished with imprisonment from two years to six years unless this organized group is observed to be qualified to commit offense in view of its structure, quantity of members, tools and equipment hold for this purpose. However, at least three members are required for existence of an organized group.
(2) Those become a member of an organized group with the intention of committing crime, is punished with imprisonment from one year to three years.
(3) In case the organized criminal group is equipped with arms, the punishment to be imposed according to the above subsections is increased from one fourth to one half.
(4) In case of commission of a crime within the frame of activities of a organized group, the offender is additionally punished for this crime.
(5) The directors of the organized criminal group are additionally punished for all the offenses committed within the frame of activities of the organized group.
(6) Any person who commits an offense on behalf of an organized criminal group without being a member of that group is additionally punished for being a member of the organized group.
(7) Any person who knowingly and willingly helps an organized criminal group although not takes place within the hierarchic structure of the group, is punished as if he is a member of the organized group.
(8) Any person who makes propaganda by praising the organized criminal group and its object is punished with imprisonment from one year to three years. The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Armed Organisation

ARTICLE 314 (1) Any person who establishes or commands an armed organisation with the purpose of committing the offences listed in parts four and five of this chapter, shall be sentenced to a penalty of imprisonment for a term of ten to fifteen years.
(2) Any person who becomes a member of the organisation defined in paragraph one shall be sentenced to a penalty of imprisonment for a term of five to ten years.
(3) Other provisions relating to the forming of an organisation in order to commit offences shall also be applicable to this offence.

(ÇT/DG)