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The conviction of four people in the Büyükada trial on July 3, 2020, was politically motivated and an effort to stifle the legitimate work of Turkey's human rights movement, Human Rights Watch said in a statement on Monday.
İstanbul 35th Heavy Penal Court convicted Taner Kılıç, Amnesty International Turkey's honorary chair, on the charge of "membership of a terrorist organization," sentencing him to six years and three months in prison. Three right defenders, Günal Kuşun, İdil Eser and Özlem Dalkıran, were sentenced to 1 year and 13 months in prison for "aiding an illegal organization" while seven others were acquitted.
"In three years the police and prosecutors have produced not a shred of evidence of criminal activity by any of the 11 rights defenders who stood trial," said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. "Four have been convicted for their legitimate human rights work in another trial which demonstrates how any independence in Turkey's justice system has collapsed under political pressure."
Kılıç was first detained in İzmir on June 6, 2017, and days later placed in pretrial detention, where he spent 14 months. His case was combined with that of ten other rights defenders detained on July 5, 2017 in a police raid on a human rights education workshop they were participating in on Büyükada Island, İstanbul.
"All 11 were subjected to a concerted media smear campaign suggesting that they were involved in a conspiracy to foment chaos in the country and alleging that they had links with a number of outlawed organizations," HRW said. "The media pursuing the smear campaign were closely aligned with the government and made allegations against the defendants before the prosecutor's office had prepared an indictment against them and during their trial."
The decision cited no grounds for the convictions, and Human Rights Watch is awaiting the court's full reasoned decision.
The indictment against Kılıç alleged that he had used the encrypted communication application ByLock on his phone. The app is alleged to have been used by supporters of the Fethullah Gülen movement, which Turkey deems a terrorist organization responsible for the July 2016 coup attempt. Several expert reports during the trial demonstrated that Kılıç had never had or used the app.
In the case against the ten defendants detained on Büyükada, the indictment cited ephemera gathered from their laptops and phones, none of it amounting to evidence of criminal wrongdoing.
"The court's verdict convicts four people but is an attack on the entire human rights movement in Turkey," Williamson said. "We hope the higher courts will do their duty and reverse this miscarriage of justice."
What happened?On July 5, 2017, 10 rights advocates from various rights organizations were taken into custody during a training workshop with the topic "Protection and digital security of human rights advocates" in Büyükada, one of the Prince Islands in İstanbul. Nothing was heard from detained rights defenders for 30 hours. On July 18, Idil Eser (Amnesty International Turkey Director), Özlem Dalkıran (Citizens' Assembly / formerly called Helsinki Citizens Association), Günal Kurşun (Human Rights Agenda Association), Veli Acu (Human Rights Agenda Association), Ali Garawi (citizen of Sweden / human rights trainer), and Peter Steudtner (citizen of Germany / human rights trainer) were arrested on charges of "committing crimes on behalf of the terrorist organization without being a member" (Article 220/6 of Turkish Penal Code/TCK ) and "being a member of an armed terrorist organization" (Articles 314/2 and 314/3 of TCK). On July 23, İlknur Üstün (Women's Coalition) and Nalan Erkem (Citizens' Assembly / formerly called Helsinki Citizens Association), who were released on probation with an international travel ban, were arrested upon the prosecutor’s objection to their release. Amnesty International Turkey Executive Board Chair Taner Kılıç, who had been in pre-trial detention since June 2017 in another case, was included in the bill of indictment of Büyükada lawsuit later as a suspect. According to the bill of indictment prepared by Public Prosecutor Can Tuncay, the rights defenders are claimed to be members of the Fethullahist Terrorist Organization/Parallel State Organization (FETÖ/PDY), Kurdistan Workers' Party/Kurdistan Communities Union (PKK/KCK) and The Revolutionary People's Liberation Party/Front (DHKP/C). On October 25, the court ruled that Günal Kurşun, İlknur Üstün, İdil Eser, Nalan Erkem, Peter Steudtner, Özlem Dalkıran, Ali Garawi and Veli Acu be released. In addition, an international travel ban was imposed on Özlem Dalkıran and Veli Acu, and the probation order for Şeyhmus Özbekli and Nejat Taştan that was issued on July 25, was revoked. The file of Kılıç, who stood trial in a separate case held before İzmir 16 Assize Court on charge of "financing terrorism and spying" and was later included in the indictment of Büyükada lawsuit as a suspect, was combined with the main Büyükada Case. |
(EMK/VK)