The Euro-Mediterranean Human Rights Network’s Executive Committee Member Osman İşçi, together with 71 other union members, face their third hearing before the 13th Heavy Penal Court of Ankara, on November 25th.
The trial has been ongoing since 10 April 2013, following Turkish anti-terror procedures which are in clear violation of the right to a fair trial. M. Osman İşçi and the other defendants are peaceful human rights and trade union activists, who are being accused of “membership in an illegal organisation” in sanction to their peaceful criticism of Turkish governmental policies.
On 25 June 2012, “anti-terror” police forces detained Osman İşçi and 71 members of trade unions affiliated to the confederation ‘KESK’. Among them, 28 persons including M. İşçi, were maintained in pre-trial detention in high security prisons for 8 to 10 months[1]. The defendants and their lawyers were not informed about the charges brought against them until 15 February 2013, as files were kept secret according to Turkish Anti-Terror Law. Such a long privation of liberty without public charges is a clear violation of international obligations that bind Turkey[2].
While Osman İşçi and the other trade unionists were released during the first hearing on 10 April 2013, in its judgment, the Ankara Special Court maintained the charges against the 72 defendants of the case.
Therefore, the EMHRN:
– Welcomes the EU delegation and several EU Member States’ initiative of sending observers to past hearings, calls on them to mobilise again for this new hearing and to keep a close eye on the developments of this highly political trial, in accordance with the EU Guidelines on Human Rights Defenders;
– Welcomes the 2013 ENP progress report for Turkey, which underlines that “further efforts are needed to consolidate the independence, impartiality and efficiency of the judiciary, including the criminal justice system”;
– Calls on the EU to monitor in all circumstances the respect by Turkish authorities of international and regional human rights instruments;
The EMHRN calls on the Turkish authorities to:
– Put an end to the politically motivated prosecutions against Osman İşçi and the 71 other defendants;
– In general, stop judicial harassment and the arbitrary use of the Anti-Terror Law against peaceful opponents and human rights defenders, in particular pro-Kurdish activists
– Respect its international human rights obligations, and in particular, guarantee the rights to freedom of expression, association and peaceful assembly.
The EMHRN sent observers to the two previous hearings of the 72 civil society activists and published a trial observation report following the first hearing (April 10, 2013). The report highlights blatant violations of international fair trial standards, including -but not limited to- the principles of ‘equality of arms’.
The report also questions the independence and impartiality of judges, as defendants were not able to challenge the evidence brought by the prosecutor since it had not been disclosed beforehand to the defence lawyers. Observations of lack of impartiality and transparency were also made after the second hearing (8 July 2013).
[1] 6 were released on 15 February 2013, while 22 stayed in jail up to their trial.
[2] Article 6 para. 3 of the European Convention on Human Rights : “Everyone charged with a criminal offence has the following minimum rights: a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him”