Nejat Tastan Detained
On 3 July 2020, the Istanbul 35th High Criminal Court handed down its ruling in the case of eleven human rights defenders who had been on trial since 25 October 2017. The court sentenced Taner Kılıç to 6 years 3 months imprisonment for “membership of an armed terrorist organisation” while Günal Kurşun, İdil Eser and Özlem Dalkıran were sentenced to 1 year 13 months (sic) imprisonment for “aiding an armed terrorist organisation knowingly and willingly”. The organisation in question was named by the Turkish government as the Fethullahist Terrorist Organisation/Parallel State Structure (FETO/PDY). The court acquitted Ali Gharavi, İlknur Üstün, Nalan Erkem, Peter Steudtner and Şeyhmus Özbekli. Veli Acu and Nejat Tastan were also acquitted, against a request from the prosecutor.
On 25 October 2017, the Istanbul 10 were released following their first hearing in the Istanbul 35th High Criminal Court.
Nejat Tastan is coordinator at the Association for Monitoring Equal Rights, an NGO promoting equality and carrying out independent election observation.
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- 8 July 2020 : Four human rights defenders sentenced, seven acquitted in Büyükada case
- 25 July 2017 : Nejat Tastan released on probation
- 18 July 2017 : Ten HRDs charged with "aiding armed terrorist organisation", six in pre-trial detention
- 12 July 2017 : Detention of human rights defenders extended for seven more days
- 5 July 2017 : Eight human rights defenders detained in Turkey
On 3 July 2020, the Istanbul 35th High Criminal Court handed down its ruling in the case of eleven human rights defenders who had been on trial since 25 October 2017. The court sentenced Taner Kılıç to 6 years 3 months imprisonment for “membership of an armed terrorist organisation” while Günal Kurşun, İdil Eser and Özlem Dalkıran were sentenced to 1 year 13 months (sic) imprisonment for “aiding an armed terrorist organisation knowingly and willingly”. The organisation in question was named by the Turkish government as the Fethullahist Terrorist Organisation/Parallel State Structure (FETO/PDY).
The court acquitted Ali Gharavi, İlknur Üstün, Nalan Erkem, Peter Steudtner and Şeyhmus Özbekli. Veli Acu and Nejat Tastan were also acquitted, against a request from the prosecutor.
The decision did not come unanimously. One of the three judges of the panel opposed the verdict, saying that all four defendants should have been acquitted as the accusations against them were not substantiated. He is expected to detail his dissenting opinion in the justified verdict. The four human rights defenders will appeal the ruling.
The judgement came three years after the arrest of 10 human rights defenders during a workshop in Buyukada, Istanbul and seven months after the prosecutor submitted his final assessment, requesting the conviction of six human rights defenders.
During the previous hearing held on 19 February 2020, the court had adjourned the hearing after permitting only six of eleven defenders to present their statements. The next hearing was set to take place on 3 April 2020 but then postponed to 3 July due to the pandemic restrictions. During the final hearing, the remaining four human rights defenders presented their final statements
All human rights defenders and lawyers reminded the court that all allegations against the defenders were unverified and discredited by both forensic experts and through evidence presented by the defence which were ignored by the prosecution.
In their statements, the human rights defenders referred to the regional and international standards for the protection of human rights defenders and said that the “Buyukada trial is a clear warning to civil society saying that working for justice, human rights and freedoms are not welcome and will not be tolerated.”
Front Line Defenders condemns the convictions which are based on fabricated and unfounded evidence and a trial lacking due process. It calls on the Turkish government to stop the persecution of human rights defenders, civil society and journalists.
On 25 July 2017, human rights defenders Nejat Tastan and Seyhmus Ozbekli were released on probation. Istanbul 9th Criminal Court of Justice ruled that they have to report to their supervision officers during the probation period, initially set at three days per week but reduced to two days one week afterwards. The human rights defenders were detained during a training workshop on 5 July 2017.
At the beginning of August, seven human rights defenders, Idil Eser, Ozlem Dalkiran, Veli Acu, Gunal Kursun, Nalan Erkem, Ali Gharavi and Peter Steudtner, were transferred to 9th Block of Istanbul Silivri Prison which is a special unit dedicated to “terrorists”. All of their meetings with lawyers are registered and take place in the presence of prisons guards which is in breach of attorney-client privilege. They are not allowed to receive correspondence. Ilknur Ustun, an eighth human rights defender, has since been moved to Sincan Prison in Ankara.
On 18 July 2017, Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharavi and Peter Steudtner were charged with "aiding an armed terrorist organisation". Six of the human rights defenders, including Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ali Gharavi and Peter Steudtner are being kept in pre-trial detention while Nalan Erkem, Seyhmuz Ozbekli, Ilknur Ustun, Nejat Tastan have been released but are under a travel ban and other judicial restrictions. Ozlem Dalkiran and Idil Eser are being held in Bakirkoy prison, Ali Gharavi and Peter Steudtner in Maltepe prison and Veli Acu and Gunal Kursun in Metris prison of Istanbul.
Nalan Erkem, Seyhmuz Ozbekli and Ozlem Dalkiran all work for the Helsinki Citizens’ Assembly, an organisation promoting peace, democracy and civil society throughout Europe. Idil Eser is the Director of Amnesty International Turkey. Veli Acu and Günal Kursun work for the Human Rights Agenda Association, monitoring human rights violations throughout the country. Ilknur Ustun is a member of the Women’s Coalition, which focuses on gender equality and enhanced female participation in public life. Nejat Tastan is coordinator at the Association for Monitoring Equal Rights, an NGO promoting equality and carrying out independent election observation. Ali Gharavi and Peter Steudtner are respectively Swedish and German consultants who were collaborating with the Dutch Development Agency, HIVOS, to support human rights defenders and development organisations.
On 17 July 2017, all of the human rights defenders were interviewed by public prosecutors at the Judicial Palace in Istanbul, following 12 days of detention without charges. Around 10:00pm the same day, it was revealed that the public prosecutor would request detention for all ten of the human rights defenders. In the early morning of 18 July 2017 the judge ordered the pre-trial detention for six of the human rights defenders, as "there was a strong suspicion that the detainees committed the crime" and because of "possibility of escape". Although the court decision does not refer to any specific articles of the Criminal Code, it mentions the charges of “aiding an armed terrorist organisation”, which could relate to Article 220.7, which states that (official translation) "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" and to Article 220.3 (official translation)"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".
On 11 July 2017, the detention of the ten abovementioned human rights defenders was extended by seven more days by a decision of the prosecutor. The detention order referred to suspected membership of an armed terrorist organisation. During 10 and 11 July 2017, police carried out searches at the houses of the detained defenders, and reportedly seized flash and hard drives as well as other electronic equipment. Despite the undisclosed nature of the investigation, there has been a smear campaign conducted against the defenders in certain segments of Turkish media as well as amongst social media networks, equating the human rights defenders with “spies”.
On the morning of 5 July 2017, the ten human rights defenders were detained by police during a workshop on holistic security, organised by the Helsinki Citizen’s Assembly for Turkish human rights defenders. After being held incommunicado for almost 30 hours, they were allowed to contact families and see their legal counsellor.
Front Line Defenders is extremely concerned by, and condemns the charges and pre-trial detention of the aforementioned human rights defenders, as it believes that these actions are in connected with their legitimate and peaceful work in the defense of human rights.
On 11 July 2017, the detention of human rights defenders, Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharavi and Peter Steudtner was extended by seven more days by a decision of the prosecutor.
Nalan Erkem, Seyhmuz Ozbekli and Ozlem Dalkiran all work for the Helsinki Citizen's Assembly, an organisation promoting peace, democracy and civil society throughout Europe. Idil Eser is the director of Amnesty International Turkey. Veli Acu and Günal Kursun work for the Human Rights Agenda Association, monitoring human rights violations throughout the country. Ilknur Ustun is a member of the Women's Coalition, which focuses on gender equality and enhanced female participation in public life. Nejat Tastan is coordinator at the Association for Monitoring Equal Rights, an NGO promoting equality and carrying out independent election observation. Ali Gharavi and Peter Steudtner are Swedish and German consultants respectively who were collaborating with the Dutch Development Agency, HIVOS, to support human rights defenders and development organisations.
On 11 July 2017, the detention of human rights defenders, Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharavi and Peter Steudtner was extended by seven more days by a decision of the prosecutor. The detention order refers to suspected membership of an armed terrorist organisation. This order is due to expire on 12 July 2017 at 2.30 pm. Over the course of 10 and 11 July 2017, police carried out searches at the houses of the detained defenders, and reportedly seized flash and hard drives as well as other electronic equipment. Despite the undisclosed nature of the investigation, there has been a smear campaign conducted against the defenders in certain segments of Turkish media as well as amongst social media networks, equating the human rights defenders with "spies".
On the morning of 5 July 2017, the Ascot hotel on the island of Buyukada, a venue where a workshop organised by the Helsinki Citizen's Assembly for Turkish human rights defenders was raided by Turkish police. The five day workshop on the topic of holistic security began on 2 July 2017. Ten human rights defenders participating in the workshop, Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharawi and Peter Steudtner were detained by the police. The defenders were separated into groups of two, with the eight Turkish defenders being subsequently transferred to different police stations in Istanbul while the two foreigners remained at Buyukada police station. For over 24 hours following their arrests, the human rights defenders were not permitted to contact their families.
Front Line Defenders is extremely concerned by the arbitrary arrest and detention of the aforementioned ten human rights defenders as it believes that they have been detained in relation to their work in the defence of human rights.
On 5 July 2017, eight human rights defenders, along with two consultants, were detained on Buyukada island, off the coast of Istanbul in Turkey. Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun and Nejat Tastan were all arrested as they attended a workshop. Two consultants, Ali Gharawi and Peter Steudtner, were also detained. It is believed that Ali Gharawi and Peter Steudtner are being held in Buyukada Police Station. The whereabouts of the eight human rights defenders are currently unknown.
Download the Urgent Appeal (PDF)
Nalan Erkem, Seyhmuz Ozbekli and Ozlem Dalkiran all work for the Helsinki Citizen’s Assembly, an organisation promoting peace, democracy and civil society throughout Europe. Idel Eser is the director of Amnesty International Turkey. Veli Acu and Günal Kursun work for the Human Rights Agenda Association, monitoring human rights violations throughout the country. Ilknur Ustun is a member of the Women’s Coalition, which focuses on gender equality and enhanced female participation in public life. Nejat Tastan is coordinator at the Association for Monitoring Equal Rights, an NGO promoting equality and carrying out independent election observation. Ali Gharawi and Peter Steudtner are consultants who were collaborating with the Dutch Development Agency, HIVOS, to support human rights defenders and development organisations.
On the morning of 5 July 2017 the Ascot hotel, a venue where a workshop organised by the Helsinki Citizen’s Assembly for Turkish human rights defenders on the island of Buyukada, was raided by Turkish police. All of the participants were arrested and subsequently moved to detention centres. It is believed that the two consultants, Ali Gharawi and Peter Steudtner, continue to be held incommunicado on the island of Buyukada. Lawyers have thus far been denied access to the two men. The whereabouts of the eight human rights defenders are currently unconfirmed, although it is believed that they have been moved from Buyukada to Istanbul.
Front Line Defenders is extremely concerned by the arrests of the above mentioned eight human rights defenders and two consultants as it believed that they have been detained in relation to their work in the defence of human rights.
Front Line Defenders urges the authorities in Turkey to:
1. Immediately and unconditionally release Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharawi and Peter Steudtner as Front Line Defenders believes that they are being held solely as a result of their legitimate and peaceful work in the defence of human rights;
2. Take all necessary measures to guarantee the physical and psychological integrity and security of Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharawi and Peter Steudtner ;
3. Ensure that the treatment of Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharawi and Peter Steudtner, while in detention, adheres to the conditions set out in the ‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment', adopted by UN General Assembly resolution 43/173 of 9 December 1988;
4. Immediately inform the family and lawyers of Nalan Erkem, Seyhmuz Ozbekli, Ozlem Dalkiran, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan of the place of their detention, and allow them immediate and unfettered access to them, and permit the lawyers of Ali Gharawi and Peter Steudtner immediate and unfettered access to them.
5. Cease targeting all human rights defenders in Turkey and guarantee in all circumstances that they are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
