Press Release FINAL (5 Feb 2014)

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STAFF
Garth Meintjes
Executive Director
Jean C. Berman
Senior Executive Advisor
Benjamin Bartz
ISLP-NYU Legal Fellow
Katerina Drisi
Economic Development Program Officer
FOR IMMEDIATE RELEASE: February 6, 2014
Contact: Garth Meintjes, ISLP, 212.895.1022
International Senior Lawyers Project Urges European Commissioner to
Intervene in Cases of Turkish Attorneys Detained for Human Rights Advocacy
Heather Eisenlord
Human Rights Program Director
Julia Grégoire
Human Rights Program Associate
Andra Moss
Director, Communications &
Volunteer Development
Lindsay Novis
Administrative Assistant
Anna Shakarova
Economic Development Program Director
Lisa Sweat
Myanmar Program Officer
ISLP-EUROPE
Michele O’Brien
Director
ISLP-UK
Susan Hazledine
Director
James Reynolds
Bertha Human Rights Fellow
OFFICERS
Anthony F. Essaye
NEW YORK, NY (February 6, 2014) – The International Senior Lawyers
Project (ISLP) has sent a second inquiry today to the European Commissioner
for Human Rights, Nils Muižnieks, urging him to follow up on the case of
Muharrem Erbey, Vice President of the Human Rights Association of Turkey
and a prominent human rights attorney, who has been detained by the Turkish
Government for over four years while officials pursue criminal charges against
him based on his work as an attorney and a human rights defender. In the
inquiry, ISLP also expressed concern about the recent prosecution of another
attorney, Ramazan Demir, who faces criminal charges and potential disbarment
for his work as defense counsel to one of the defendants in the “KCK Press
Trial” against 44 journalists alleged to have ties to the Kurdish organization
Koma Civakên Kurdistan (KCK) (Group of Communities in Kurdistan). ISLP
requests an urgent meeting with the Commissioner to discuss its concerns over
an apparent trend to criminalize the work of lawyers in Turkey.
Co-President
Robert H. Kapp
Co-President
Joseph C. Bell
Secretary
Richard N. Winfield
Treasurer
As noted in ISLP’s initial inquiry, sent August 12, 2013, Mr. Erbey has spent
more than four years in prison while the Government has pursued charges
against him and 250 other members of Turkey’s Kurdish civil society, including
attorneys, elected officials, and journalists. His indictment alleged criminal
membership in an illegal organization and cited as evidence acts such as
participating in conferences focused on human rights violations and the
systematic use of torture, and advising victims on their applications to the
European Court of Human Rights.
Attorney Demir was similarly indicted, ostensibly because, while defending his
client in court, he questioned a prosecutor’s ability to determine whether certain
journalistic activities were “normal” or “independent” and requested that the
court hear expert testimony on what constitutes normal and independent
journalistic activity. He is charged with “offending the dignity of a public
authority in the performance of its duties,” in violation of Article 125 of the
Turkish Criminal Code.
ISLP is concerned that the Government’s actions against these lawyers violate well-established norms
of freedom of expression and due process of law. In addition, there appears to be a pattern of
prosecuting lawyers for fulfilling their professional obligations as human rights attorneys and defense
counsels, particularly when charges are brought against human rights defenders in connection with
their representation of clients in cases that have “political” aspects.
“The commissioner has an important role in these cases,” said Garth Meintjes, Executive Director of
ISLP, pointing to the February 2008 Declaration of the Committee of Ministers on Council of Europe
action to improve the protection of human rights defenders, which calls upon the Commissioner to
protect human rights defenders by intervening with the relevant authorities, especially in cases like
those of Mr. Erbey and Mr. Demir where the harm is ongoing and therefore the need for action is
urgent. Mr. Meintjes continued, “The Commissioner’s intervention is vital to ensuring that lawyers
and human rights defenders are afforded sufficient space to vigorously represent their clients, as
required by the ethical mandates of their profession.” For these reasons, ISLP is strongly urging the
European Commissioner to intervene in these cases.
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Founded in 2000, the International Senior Lawyers Project provides the pro bono services of highly skilled and
experienced lawyers to promote human rights, equitable and sustainable economic development and the rule of law
worldwide. ISLP helps build the legal capacity of governments, non-governmental organizations and other institutions to
advance the rights and well-being of their citizens. For more information, visit www.islp.org.