Turkey Regional Action Network

August 2012

1) URGENT ACTION
Demand Immediate and Unconditional Release of Muharrem Erbey

As we you may recall, Amnesty International, Human Rights Watch, the International Publishers Association, and PEN International have long condemned the Turkish authorities for detaining thousands of people, most of whom have no record of violence, in pre-trial detention under Turkey's vaguely written draconian terrorism laws.
PEN International has recently opened a campaign to demand Muharrem Erbays immediate and unconditional release, and we encourage you and your community to take action. Muharrem Erbey, a Kurdish lawyer and vice chairman the Human Rights Association, has been in prison charged with 'membership of a terrorist organization' since December 2009. Erbey has been interrogated about and charged in relation to his work as a human rights defender, leading to concerns that he's being targeted for political reasons.1

Muharrem Erbey has garnered international respect for his work as a human rights lawyer, and has represented a number of individuals whose cases have been heard by the European Court of Human Rights. In 2008 he was granted the Vice-Presidency of the IHD, which is one of Turkeys most reputable human rights organizations, after many years as president of its Diyarbakr branch. He is also known for his research into disappearances and extra-judicial killings in and around the Diyarbakr region.

Bianet.org reports that over 8,000 people were taken into custody and about 4,000 persons were arrested under what is known as the Democratic Society Congress (Koma Civaken Kurdistan - KCK) operation that has been under way since 2009. Among the 152 defendants who have been in prison since December of 2009 are trade union officials, six democratically elected mayors from the Peace and Democracy Party (BDP) and Muharrem Erbey, a human rights lawyer and Vice-President of the Human Rights Association (IHD). KCK suspects have been arrested and detained apparently on the basis of links to the Kurdistan Workers Party (PKK) through their alleged membership of the KCK. Prosecutors allege that KCK is an organization formed by the PKK to bring together and mobilize pro-PKK groups within urban areas across Turkey.

Amnesty International: Summary of Amnesty Internationals Concerns in Turkey July to December 2009. pp.5 http://www.amnesty.org/en/library/asset/EUR44/00 4/2010/en/807d1f82-d208-4eeb-b8a2- 946eb2194643/eur440042010en.pdf

PLEASE WRITE IMMEDIATELY to the Turkish Authorities Expressing alarm at the continued detention of Muharrem Erbey and other writers and journalists detained because of their alleged affiliation with Kurdish political parties. Calling for his immediate and unconditional release from prison, and the dropping of all charges that he faces. Referring to concerns that Muharrem Erbey is being prosecuted on charges that contravene his right to freedom of expression and association by both as guaranteed the International Covenant on Civil and Political Rights, and the European Convention on Human and Democratic Rights, to which Turkey is a signatory

tvw tvwtvw tvw 2) Amnesty International Public Statement:

Turkey: On the 4th Anniversary of his Murder, Justice for Ahmet Yldz
Index: EUR 44/013/2012 July 16, 2012

As you may recall, Amnesty International published an extensive report last year regarding grim situations of lesbian, gay, bisexual and transgender (LGBT) people in Turkey.2 The report reveals the extent to which discrimination is permitted in employment, education, housing, health care, public services and credit ratings in Turkey. Furthermore, police and others responsible for upholding justice often ignore violent and heinous crimes against LGBT people. On the 4th anniversary of the murder of Ahmet Yldz, Amnesty International continues to demand the Turkish authorities to bring those who are responsible for the murder to be brought to justice in a fair trial. Ahmet Yldz was shot dead on July 15 2008 outside his home in Uskudar, a district of Istanbul in what has been widely regarded by LGBT rights activists as a gay honour killing. The case symbolizes the authorities failure to respond to violence against LGBT individuals. Ahmet Yldz had received death threats from his family, including his father before the murder. Ahmet Yldz had filed a criminal complained against his family and sought police protection. Nevertheless, the
2

Please send a letter to: Mr Sadullah Ergin Minister of Justice 06669 Kizilay Ankara Turkey
Cc: Ambassador Namik Tan Embassy, Republic of Turkey 2525 Massachusetts Ave., NW Washington, DC 20008
To access the PEN Internationals Action Page on Muharrem Erbey, please go to: http://www.peninternational.org/newsitems/turkey-writer-andlawyer-muharrem-erbey-writes-of-2--yearsdetention/ To read Muharrem Erbeys letter to PEN international about his experience of imprisonment, please go to: http://www.peninternational.org/07/2012/muharrem-erbeywriter-in-prison-writes-on-10-june-2012/

Turkey: Whose Morals? (October 2011) http://www.amnesty.org/en/library/info/EUR44/ 010/2011/en

state prosecutor had issued a decision without any effective investigation that there were no grounds to start a criminal investigation of the complaint, on the basis that there was no evidence beyond abstract allegations. LGBT and human rights activists in Turkey regard the authorities failure to investigate Ahmet Yldzs complaint as symptomatic of their reluctance to confront homophobic violence. Despite strong prima facie evidence of involvement in the case, Ahmets father was not identified as a suspect and an arrest warrant was not issued until three months after the murder. By this time, telephone records had indicated that he may have had fled to Iraq. Ahmets father, the sole suspect in the case, has not been found to this day. Furthermore, according to the lawyer in the case, as of June 2012, investigation into the authorities failure to investigate the threats made against Ahmet by his family has not yet taken place. LGBT rights activists told Amnesty International that no official statistics are collected regarding violent crimes against LGBT people in Turkey. However, LGBT rights organizations have documented 16 individuals believed to have been killed due to their real or perceived sexual orientation or gender identity in 2010 alone. Individuals face an increased risk of violence from within the family due to their sexual orientation or gender identity. Protection mechanisms, even where available, are often not accessible on account of the homophobic or transphobic attitudes prevailing within them. Despite long term campaigning by LGBT rights organizations, the right to nondiscrimination on grounds of sexual orientation or gender identity has no explicit protection in national law in Turkey. In fact certain criminal and civil law provisions are frequently applied by the judiciary in a

discriminatory manner. Not only have senior politicians and government officials refused equality demands, they have also made explicitly homophobic statements, which contribute to a climate of discrimination against and hostility towards LGBT individuals. At an international level, the Turkish authorities have consistently rejected recommendations to reform their nondiscrimination provisions, and have refused to sign up to resolutions calling for protection of the rights of LGBT people. Turkey is also among a number of Council of Europe member states that have failed to ratify Protocol 12 of the European Convention on Human Rights and Fundamental Freedoms that provides a free-standing non-discrimination provision.
To read the full public statement, please go to: http://www.amnesty.org/en/library/info/EUR44/ 013/2012/en

Please Write to the Turkish Authorities in English or Turkish! Sample letter: Dear Minister, Dear Prime Minister, Dear Mr. stn, I am writing to you regarding the case of Ahmet Yldz who was shot dead over four years ago on 15 July 2008 outside his home in skdar. Four years on, the only suspect in the case is still at large. In October 2007, Ahmet Yldz made a complaint about threats he had been receiving from members of his family, including his father, because he was gay. In November 2007, the state prosecutor in mraniye ruled that there were no grounds for a criminal investigation of the complaint,

on the basis that there was no evidence beyond abstract allegations. There are serious doubts as to whether any type of investigation into Ahmet Yldzs allegations has taken place before the state prosecutor reached this conclusion, including interviewing Ahmet Yldz or the persons he complained about regarding the threats. Eight months later, he was killed. An arrest warrant for the only suspect in the case was not issued until over three months after the murder, by which time, Ahmet Yldzs father could not be found. Since then, a trial has started in the absence of the suspect and has stalled because of it. An international arrest warrant has been issued in March 2011, but due to some procedural problems, had to be reissued in May 2012, almost 4 years after the murder. I am calling on you to ensure that: 1. all those responsible for the death of are apprehended and brought to justice in a fair trial without further delays; 2. I am also calling on you to ensure that there is a full, thorough, impartial investigation into the decision not to further investigate the criminal complaint by Ahmet Yldz, just months before his murder. Such an investigation is important if mistakes are not to be repeated and lessons are to be learnt.

transphobic incidents, such as establishing specialized agencies with trained personnel to which the hate crimes can be reported; iii) ensuring that all police officers receive in-service training on the nature of hate crimes and the role of the police in combating them, as well as sensitivity training on the rights of LGBT individuals; iv) introducing a system of comprehensive monitoring and disaggregated data collection of all incidents that may constitute hate crimes. The monitoring should cover all stages of proceedings, including complaints lodged, charges brought and convictions recorded; v) ensuring that victims, their families and LGBT groups are informed at regular intervals of progress being made and steps taken in the investigation. I look forward to hearing from you. Yours sincerely,

Appeal Targets:
Mr. Sadullah Ergin Ministry of Justice Adalet Bakanl 06659 Ankara Turkey Salutation: Dear Minister Mr. Recep Tayyip Erdoan Office of the Prime Minister Babakanlk 06573 Ankara Turkey Salutation: Dear Prime Minister Cc: Mr. Ayhan Sefer stn Commission Chairperson TBMM nsan Haklar nceleme Komisyonu Bakanlklar, 06543 Ankara, Turkey Salutation: Dear Mr. stn

3. you take immediate steps to prevent and combat homophobic and transphobic hate crimes including by: i) ensuring that sexual orientation and gender identity are explicitly included in the Penal Code as grounds for prosecution of hate crimes; ii) co-operating with LGBT rights groups to outline and implement measures that would encourage reporting of homophobic and

Solidarity Action:
Please also write to Ahmet Yldzs partner and fianc, Ibrahim Can, to show your support. Ibrahim Can c/o Milena Buyum Campaigner Amnesty International Peter Benenson House 1 Easton St London WC1X 0DW United Kingdom Dear Ibrahim, I am very sorry for your loss. The murder of Ahmet Yldz must not be left unpunished and the perpetrator(s) must be brought to justice. I have written to the Turkish authorities calling on them to do everything possible to ensure the apprehension of the suspect in the case as a matter of urgency. All my regards,

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If you are interested in the issue of Human Rights in Turkey, consider joining us on our Turkey Regional Action Network on Facebook at https://www.facebook.com/pages/AmnestyInternational-USA-Turkey-Regional-ActionNetwork/134561963283302 If you have any questions, please contact AIUSA TURKRAN coordinator: Natsumi Ajiki (najiki@mac.com).