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TK14944-270308
TURKEY: Conscientious objector İsmail Saygı arrested
Turkish conscientious
objector İsmail Saygı has been arrested on 16 March 2008 in Istanbul.
İsmail Saygı declared his conscientious objection on 15 November
2006, after having served seven month of military service. Following
his arrest, İsmail Saygı was first taken to the Uskudar Military
Police, and from there to Maltepe Military prison. After 10 days, he
was transferred to the military prison of Sarikamis on 26 March 2008.
İsmail Saygı is now facing a trial on charges of desertion, which can
lead to a one year prison sentence. It is likely that this is the
beginning of a vicious cycle of military prison, sentencing for
"disobeying orders" or "insubordination", and being sent back to
"his" unit.
Turkey does not recognise the right to conscientious objection, in
violation of article 9 of the European Convention of Human Rights,
and article 18 of the International Covenant on Civil and Political
Rights. In a decision from 24 January 2006 on the case of Osman Murat
Ülke, the European Court of Human Rights decided against Turkey and
noted: "The numerous criminal prosecutions against the applicant,
the cumulative effects of the criminal convictions which resulted
from them and the constant alternation between prosecutions and terms
of imprisonment, together with the possibility that he would be
liable to prosecution for the rest of his life, had been
disproportionate to the aim of ensuring that he did his military
service. They were more calculated to repressing the applicant?s
intellectual personality, inspiring in him feelings of fear, anguish
and vulnerability capable of humiliating and debasing him and
breaking his resistance and will. The clandestine life amounting
almost to ?civil death? which the applicant had been compelled to
adopt was incompatible with the punishment regime of a democratic
society."
The United Nations Human Rights Committee recognised in a decision
from January 2007 the right to conscientious objection as a
legitimate exercise of the right to freedom of thought, conscience,
and religion, as guaranteed by Article 18 ICCPR. In fact, in this
decision on two cases of conscientious objectors from South Korea,
the Human Rights Committee stated that not to provide for the right
to conscientious objection is a violation of Article 18 ICCPR (see
CCPR/C/88/D/1321-1322/2004 from 23 January 2007).
War Resisters' International is very concerned for the health and
safety of İsmail Saygı. It has happened in several past cases of
conscientious objectors imprisoned in Turkey that objectors were
subjected to arbitrary rescrictions and disciplinary punishments in
military prison.
In the case of İsmail Saygı, War Resisters' International calls
for urgent protest faxes to:
-
Kars Legal Clerk: +90-474-413 4084
-
Kars Military Prosecutor: +90-474-413 5819
War Resisters' International calls for letters of protest to the
Turkish authorities, and Turkish embassies abroad.
Presidency of the Turkish Republic: Fax +90-312-4271330, email cumhurbaskanligi@tccb.gov.tr.
A protest email to the Turkish President Abdullah Gül can be sent at http://wri-irg.org/co/alerts/20080327a.html.
Andreas Speck
War Resisters' International
wri-irg.org