31 W. 52nd Street New York, NY 10019 +1.212.895.1022 www.islp.org 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. ____________________ 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.
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