Turkey: Attacks on Freedom of Expression

URGENT ACTION -OBSERVATORY

TUR 003 / 9712 / OBS 023
Risk of incarceration / crime of free speech and opinion
TURKEY

22nd December 1997


The Observatory for the Protection of Human Rights Defenders, a FIDH
and OMCT venture, requests your URGENT intervention in the following
situation in Turkey:

Description of the situation :

The Observatory  for the protection of  Human Rights Defenders is
particularly concerned by the attacks on the right to freedom of
speech suffered by human rights defenders in Turkey.

The Observatory was informed by the Human Rights Association, Turkey
(IHD) an affiliated member of FIDH and OMCT, and by the International
Service for Human Rights, that M. Erol Anar was sentenced on November
25th last, to 10 months' imprisonment, suspended for 5 years, on the
basis of Article 159 of the Penal Code. He is accused of having
"insulted the forces of State Security" in a book entitled "Freedom of
Thought". M. Anar, a former secretary general of the IHD and a
well-known writer had already been previously sentenced on similar
charges for the publication of his book "A History for Human Rights"
which, incidentally, was seized. (See case TUR 281197 circulated by
OMCT).

On December 16th last the Observatory was again approached by the IHD
in connection with the case of M. Haluk Gerger, Turkish academic,
pacifist and human rights defender. He was sentenced to one year's
imprisonment and a fine of $2 000 for having published an article in
the Istanbul Daily "Ozgur Gundem" in December, refuting the
allegations that this paper is connected with the PKK. The sentence,
which was based on article 7 of the Anti Terror law, has just been
confirmed by the court of appeal and he is liable to be arrested any
moment.

The Observatory considers that these two cases constitute a violation
of freedom of speech and of opinion guaranteed by the Universal
Declaration of Human Rights, the European Convention on Human Rights
ratified by Turkey in 1954 and form part of the framework of
persistent threats and harassment suffered by human rights defenders
in Turkey.



Action requested :

Please write to the Turkish authorities urging them to:

i.	grant without delay an amnesty to Mr. Erol Anar and Mr. Haluk
Gerger as well as to all other persons condemned for a crime of
freedom of opinion or expression;

ii.	repeal articles 7 and 8 of the Anti Terror act and all other
provisions limiting freedom of speech in contradiction with
international instruments;

iii.	adopt with utmost urgency all measures apt to guarantee to
non-governmental human rights organisations and their members the
means to act without any restriction in favour of the promotion and
defence of fundamental rights and liberties.

iv.	guarantee in all circumstances the respect of human rights and
fundamental liberties, in accordance with regional and international
instruments by which Turkey is bound in this matter, and particularly
the right to freedom of opinion and expression of human rights
defenders in the country.

Addresses :

Monsieur le Président Demirel, Président de la République, Présidence,
Cumhur Baskanligi, 06 100 Ankara. Fax : 90 312 427 13 30

Monsieur Yilmaz, Premier Ministre, Basbakanlik, 06 573 Ankara
Fax : 90 312 417 04 76

Monsieur Olatan Sungurlu, Ministre de la Justice. Fax : 90 312 417 39
17

Monsieur Basegioglu, Ministre de l'Intérieur. Fax 90 312 419 16 64


Geneva, Paris, 22nd December 1997

Kindly inform us of any action undertaken quoting the code number of
this appeal in your reply.

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.