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TURKEY: Conscientious objector Halil Savda arrested again
Turkish conscientious objector
Halil Savda was arrested again on 27 March 2008, during a solidarity
demonstration for imprisoned conscientious objector Ismail Saygi.
Halil Savda read a statement in the name of the Solidarity Initiative
for Saygi, saying:
"Based on our own painful experiences we worry about the possibility
that Saygi will be targeted by the random pressures and restrictions,
disciplinary punishments and torture that conscientious objectors are
exposed to in military prisons."
Soon after, he was taken into custody by police, because of an
outstanding arrest warrant on charges of desertion.
Halil Savda already spent several months in military prison, and has
been sentenced repeatedly on charges of "persistent disobedience" or
"desertion". On 12 April 2007, Halil Savda had been sentenced to six
month imprisonment on charges of "persistent disobedience" between 25
January and 5 February 2007 (see co-alert from 12
April 2007). On 15 March of the same year, he had already been
sentenced to 15.5 months imprisonment on charges of desertion (see co-alert from 20
March 2007).
Both sentences constitute a violation of Article 9 of the European
Convention on Human Rights, and Article 18 of the International
Covenant on Civil and Political Rights (Freedom of thought, conscience,
and religion), both of which Turkey has signed and ratified.
The second sentence was not only a violation of Article 9 ECHR and
Article
18 ICCPR, it also constituted a violation of Article 14 para 7 of the
ICCPR, which states that "no one shall be liable to be tried or
punished again for an offence for which he has already been finally
convicted or acquitted in accordance with the law and penal procedure
of each country". The United Nations Working Group on Arbitrary
Detention made this clear in its opinion 36/1999, on the very similar
case of conscientious objector Osman Murat Ülke: "The Working Group
is of the opinion that there is, since, after the initial conviction,
the person exhibits, for reasons of conscience, a constant resolve not
to obey the
subsequent summons, so that there is "one and the same action entailing
the same consequences and, therefore, the offence is the same and not a
new one" (see Decision of the Constitutional Court of the Czech
Republic, 18 September 1999, No. 2, No. 130/95). Systematically to
interpret such a refusal as being perhaps provisional (selective)
would, in a country where the rule of law prevails, be tantamount to
compelling someone to change his mind for fear of being deprived of his
liberty if not for life, at least until the date at which citizens
cease to be liable to military service."
The sentences also went against the spirit of the judgement of the
European Court of Human Rights from 24 January 2006 on the case of
Osman Murat Ülke. The court 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."
Halil Savda had been released from prison on 28 July 2007, after
serving the six months prison sentence, as at that time an appeal
against the 15.5 months sentence was still pending. However, this
appeal had been turned down recently. In addition, Halil Savda had been
ordered to report to 'his' military unit within 48 hours, which he did
not do. Following this, an arrest warrant on charges of desertion had
been issued.
Following his arrest on 27 March, it is highly likely that Halil Savda
will be brought to 'his' military prison in Corlu, to serve his 15.5
months sentence, and to await trial on new charges of desertion. This
means that it is highly likely that after serving his present sentence,
he will need to serve a new sentence, and might also be brought back to
the military unit, only to be given - and refuse - new military orders.
The vicious circle has again begun.
More information on Halil Savda and conscientious objection in Turkey
is available at http://wri-irg.org/co/turkcampaign-en.htm.
War Resisters' International calls for letters of support to Halil
Savda, already now to his likely military prison:
Halil Savda
5. Kolordu Komutanligi,
Askeri Cezaevi
Corlu – Tekirdag
Turkey
War Resisters' International calls for letters of protest to the
Turkish authorities, and Turkish embassies abroad.
* General Staff of the Turkish Military: Fax +90-312-4250813
* Presidency of the Turkish Republic: Fax +90-312-4271330, email
cumhurbaskanligi@tccb.gov.tr.
* A protest email to the Turkish President Abdullah Gul can be
sent at http://wri-irg.org/co/alerts/20080328a.html.
War Resisters' International calls for the immediate release of Halil
Savda and all other imprisoned conscientious objectors.
Andreas Speck
War Resisters' International
wri-irg.org