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Amnesty: KCK Arrests in Turkey Deepen
Freedom of Expression Concerns
16.11.2011 |
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Public Statement of Amnesty International
November 16, 2011
LONDON, — On 1 November an Istanbul court
ordered the detention pending trial of 44 people, as
part of the ongoing prosecution of individuals for
suspected membership of the Kurdistan Communities
Union (KCK) an organization linked to the armed
Kurdistan Workers’ Party (PKK).
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Amnesty International has written to the authorities
expressing concern about the arrests. Among those
detained are writer, publisher and human rights
defender Ragip Zarakolu and Professor Büşra Ersanlı.
The detention of these two individuals raise
particular concerns since the reason for their
arrest appears to be solely due to speeches made to
the Peace and Democracy Party (BDP) Politics Academy
and their academic work.
Ragip Zarakolu, Professor Büşra Ersanlı and the
other 42 people arrested are being prosecuted for
“membership of a terrorist organization”, under
flawed anti-terrorism legislation. These are the
latest in a series of arrests since 2009 targeting
thousands of individuals,www.ekurd.net
many of them activists or officials representing the
pro-Kurdish BDP, a recognised political party in
Turkey. Hundreds remain in extended pre-trial
detention pending the outcome of the trials.
Records of their interrogation by prosecutors show
that both Ragip Zarakolu and Büşra Ersanlı were
asked about their participation with the Politics
Academy. Büşra Ersanlı was also asked about notes
she made at various academic meetings she
participated in and Ragip Zarakolu regarding various
unpublished manuscripts of which he was the writer
or editor.
Ragip Zarakolu has been repeatedly prosecuted in
Turkey in cases that violated his right to freedom
of expression, including under Article 301 of the
Penal Code for “denigrating Turkishness”.
Amnesty International is concerned that although no
concrete evidence linking Ragip Zarakolu or Büşra
Ersanlı to KCK or to any terrorism related offences
was presented, they were charged and remanded in
pre-trial detention.
Amnesty International has long held concerns
regarding Turkey’s anti-terrorism legislation and
its application. The definition of terrorism in this
law is overly broad, vague and lacks the level of
legal certainty required by international human
rights law. Fundamentally, it defines terrorism by
its political aims rather than its tactics.
Provisions criminalising membership of a terrorist
organization have also led to abuses. Persons can be
found guilty of membership of a terrorist
organization without being a member of the
organization if found to have committed a crime ‘in
the name of such an organization’.
Prosecutions brought under anti-terrorism
legislation have frequently been based on secret
witness testimony that cannot be examined by defence
lawyers. Amnesty International is also concerned
that people have been convicted of terrorism
offences despite a lack of reliable evidence.
Amnesty International calls on the Turkish
authorities to prevent unfair prosecutions under
anti-terrorism legislation by bringing the
definition of terrorism into line with international
standards and norms, notably the principals of
legality and legal certainty.
The Turkish authorities should conduct an urgent
review of ongoing prosecutions brought under
anti-terrorism legislation and send guidance to
judges and prosecutors regarding the application of
international human rights law and standards in this
context.
Amnesty International calls on the Turkish
authorities to release Ragip Zarakolu, Büşra Ersanlı
and other persons detained under anti-terrorism
legislation without delay if it cannot present
credible evidence linking them to acts whose
criminlization does not violate human rights law.
Amnesty International, 10 November 2011
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