Turkey: Four human rights defenders acquitted six years after their arrest
On 6 June 2023, the Istanbul 35th Heavy Criminal Court acquitted four human rights defenders of all charges at the second hearing in the retrial of the Büyükada Case, also known as the #Istanbul10. The retrial took place after the Court of Cassation’s ruling to overturn the human rights defenders’ sentences on 22 November 2022. Günal Kurşun, İdil Eser and Özlem Dalkıran were charged with “aiding an armed terrorist organisation knowingly and willingly,” after they were arrested during a raid on 5 July 2017. Taner Kılıç was charged with with “membership of an armed terrorist organisation,” following his earlier arrest on 6 June 2017.
On 22 November 2022, the Court of Cassation overturned the prison sentences in the Büyükada case. In its decision dated 17 October 2022, the Court overturned the prison sentence of 6 years and 3 months for Taner Kılıç on grounds of “inadequate investigation.” The prison sentences for Günal Kurşun, İdil Eser and Özlem Dalkıran were overturned on grounds that the verdict given was “in violation of law." The case will be sent to the Istanbul 35th High Criminal Court for retrial.
On 23 March 2021, the Constitutional Court of Turkey found the pre-trial detention of woman human rights defender Özlem Dalkiran from July to October 2017 to be unlawful, and ruled that her right to personal liberty and security, provided for under Article 19/3 of the Constitution, had been violated. The Court ruled that the woman human rights defender be granted 40,000 TL (approx. €4,300) in compensation, for non-pecuniary damages. Özlem Dalkiran is currently on trial in a case publicly known as the Büyükada case, or the Istanbul10.
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).
On 25 October 2017, the Istanbul 10 were released following their first hearing in the Istanbul 35th High Criminal Court.
Istanbul 10 released pending trial hearing
Ozlem Dalkiran is an active member of the Citizens’ Assembly (formerly known as Helsinki Citizen's Assembly), an organisation promoting peace, democracy and civil society throughout Europe. She is a long-standing and prominent human rights campaigner. Ozlem is a founding member, former head of media and former chair for two terms of Amnesty International Turkey.
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- 7 June 2023 : Four human rights defenders acquitted six years after their arrest
- 24 November 2022 : Sentences of four human rights defenders in Büyükada case overturned
- 25 March 2021 : Constitutional Court rules in favour of Özlem Dalkiran in Istanbul10 case
- 8 July 2020 : Four human rights defenders sentenced, seven acquitted in Büyükada case
- 24 August 2017 : Agos newspaper published a letter from Ozlem Dalkiran
- 18 July 2017 : Ozlem Dalkiran charged with "aiding an armed terrorist organisation"
- 12 July 2017 : Detention of human rights defenders extended for seven more days
- 5 July 2017 : Eight human rights defenders detained in Turkey
On 6 June 2023, the Istanbul 35th Heavy Criminal Court acquitted four human rights defenders of all charges at the second hearing in the retrial of the Büyükada Case, also known as the #Istanbul10. The retrial took place after the Court of Cassation’s ruling to overturn the human rights defenders’ sentences on 22 November 2022. Günal Kurşun, İdil Eser and Özlem Dalkıran were charged with “aiding an armed terrorist organisation knowingly and willingly,” after they were arrested during a raid on 5 July 2017. Taner Kılıç was charged with with “membership of an armed terrorist organisation,” following his earlier arrest on 6 June 2017.
Günal Kurşun, İdil Eser and Özlem Dalkıran are among the ten human rights defenders who were arrested during a raid on a digital and holistic security workshop on the island of Büyükada in Istanbul on 5 July 2017. After thirteen days in police detention, in the early hours of 17 July 2017, the ten human rights defenders were taken before a judge who ruled for six of them to be arrested pending trial. Taner Kılıç, who had already been detained on 6 June 2017, was also added to the indictment as the 11th defendant in the Büyükada case.
On 1 June 2023, the prosecutor presented his opinion about the defenders during the hearing asking for the acquittal of Günal Kurşun, İdil Eser and Özlem Dalkıran based on a lack of concrete evidence proving that they committed the crime for which they were charged. The prosecutor asked for Taner Kılıç to be punished based on the findings that his phone had access to certain IP addresses used by a chat program called ByLock, an application used exclusively by the Gülen movement. This is an illegal religious group which the Turkish government stated to be responsible for the failed coup in July 2016. In spite of this, the expert report stated that connecting to these IP addresses does not establish the use of this software.
Taner Kılıç addressed the court, saying that he is still fighting to prove his innocence in spite of four different independent expert reports which refute the allegation that he had used the ByLock application. The human rights defender reiterated that the European Court of Human Rights ruled unanimously that his arrest was arbitrary and unlawful, and asked for his acquittal.
Günal Kurşun referred to the widespread smear campaigns and targeting of the human rights defenders from the day of their arrest and said “First we were spies, traitors; then we were accused of aiding terrorist organisations without being a member and now the prosecutor is asking for our acquittal. This is a clear indication of the state of our justice system.” He finished his statement by saying that all he did was defend human rights and said “I would do the same things again and actually I am. I am still a human rights defender.”
The court announced its decision after the lawyers presented their final statements and acquitted all of the human rights defenders due to a lack of evidence. All parties have the right to appeal in seven days.
On 22 November 2022, the Court of Cassation overturned the prison sentences in the Büyükada case. In its decision dated 17 October 2022, the Court overturned the prison sentence of 6 years and 3 months for Taner Kılıç on grounds of “inadequate investigation.” The prison sentences for Günal Kurşun, İdil Eser and Özlem Dalkıran were overturned on grounds that the verdict given was “in violation of law." The case will be sent to the Istanbul 35th High Criminal Court for retrial.
On 3 July 2020, the Istanbul 35th High Criminal Court handed down its ruling in the case of eleven human rights defenders. 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”. Nalan Erkem, İlknur Üstün, Ali Gharavi, Peter Steudtner, Veli Acu, Nejat Taştan and Şeyhmus Özbekli were acquitted.
On 17 October 2017, the indictment was accepted by the 35th High Criminal Court. Taner Kılıç, the chair of Amnesty International Turkey was also included in the indictment as a defendant along with the ten human rights defender. Taner Kılıç was detained on 6 June 2017 in a separate operation in İzmir and on 9 June 2017, he was arrested on charges of “membership of a terrorist organisation”.
On 18 July 2017, Nalan Erkem, Şeyhmus Özbekli, Özlem Dalkıran, İdil Eser, Veli Acu, Günal Kurşun, İlknur Üstün, Nejat Taştan, Ali Gharavi and Peter Steudtner were charged with "aiding an armed terrorist organisation". Six of the human rights defenders, including Özlem Dalkıran, İdil Eser, Veli Acu, Günal Kurşun, Ali Gharavi and Peter Steudtner were kept in pre-trial detention while Nalan Erkem, Şeyhmus Özbekli, İlknur Üstün, Nejat Taştan have been released but were under a travel ban and other judicial restrictions. On 22 July 2017, Nalan Erkem and İlknur Üstün were detained again following prosecutor’s appeal against their release and were sent to prison.
On 5 July 2017, ten human rights defenders were detained on Büyükada island, off the coast of Istanbul in Turkey. Nalan Erkem, Şeyhmuz Özbekli, Özlem Dalkıran, İdil Eser, Veli Acu, Günal Kurşun, İlknur Üstün, Nejat Taştan, Ali Gharavi and Peter Steudtner were all arrested during a workshop on digital security and well being.
On 23 March 2021, the Constitutional Court of Turkey found the pre-trial detention of woman human rights defender Özlem Dalkiran from July to October 2017 to be unlawful, and ruled that her right to personal liberty and security, provided for under Article 19/3 of the Constitution, had been violated. The Court ruled that the woman human rights defender be granted 40,000 TL (approx. €4,300) in compensation, for non-pecuniary damages. Özlem Dalkiran is currently on trial in a case publicly known as the Büyükada case, or the Istanbul10.
The ruling also made reference to details of the facts in the Büyükada case, which is still awaiting a decision by the Court of Cassation. Referring to the argument made by the prosecution that the meeting during which the 10 human rights defenders were arrested was covert, the Court stated that “there was no evidence to support the claim that the meeting was secret” and “even if it was so, it would not constitute a crime in itself”. It also stated that the prosecution did not sufficiently inquire as to why Özlem Dalkiran’s WhatsApp message, asking the other human rights defenders attending the meeting to turn off their digital devices until they arrived at the hotel, was considered a crime.
Following the examination of the allegations against Özlem Dalkiran, the Court argued in its ruling that the claims made by the prosecution against the woman human rights defender were lacking in substantiating evidence, and that her defence against the allegations was not sufficiently refuted. In its ruling the Court stated, “According to the applicant's defence and the scope of the file, it has been concluded that a strong indication regarding the committal of the crime necessary for the imprisonment in the concrete case was not sufficiently put forward".
The Constitutional Court also examined Özlem Dalkıran's allegation that the detention was unlawful and that the reasonable period of police custody lapsed, which constituted a violation of her right to personal liberty and security. The Court found this application inadmissible on the grounds that not all legal remedies have been exhausted. Additionally, the alleged violations of right to a free trial, presumption of innocence and the right to dignity and respect were also found inadmissible by the Court.
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 24 August, a Turkish bilingual weekly newspaper Agos published a letter written by human rights defender Ozlem Dalkiran.
On 18 July 2017, Ozlem Dalkiran was charged with "aiding an armed terrorist organisation" along with Nalan Erkem, Seyhmuz Ozbekli, Idil Eser, Veli Acu, Gunal Kursun, Ilknur Ustun, Nejat Tastan, Ali Gharavi and Peter Steudtner. 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.
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 "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 "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. 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.
