Statement on the trial of conscientious objector Mehmet Tarhan

Istanbul, 11 June 2005

I came to Turkey as part of an international delegation to observer the trial against conscientious objector Mehmet Tarhan in Sivas, on 9 June 2005. This was the second delegation organised by War Resisters' International, an international network with 80 affiliated organisations in 40 countries, since the arrest of Mehmet Tarhan on 8 April 2005, and the start of his trial for “insubordination in front of his unit” on 28 April 2005.

1. Mehmet Tarhan exercises his right to conscientious objection, as derived from Article 18 of the International Covenant on Civil and Political Rights (ICCPR), to which Turkey is a party. The fact that Turkey did not introduce any national legislation to implement this right does not nullify Mehmet Tarhan's human right to conscientious objection -- it merely highlights the Turkish governments attitude towards human rights.
2. While in prison, Mehmet Tarhan was subjected to illtreatment and abuse from other prisoners, orchestrated by or at least tolerated by the prison authorities. The failure of the authorities to act on this immediately is of grave concern, and is a neglect of the authorities' responsibility towards persons in custody. On 26 May, Mehmet Tarhan began a hunger strike against the authorities failure to fulfil their responsibility to protect Mehmet Tarhan from abuse and illtreatment.
3. Although the court ordered Mehmet Tarhan's release from military prison on 9 June, the military authorities responded to this only be transferring him again to his military unit in Tokat, where the cycle of military order, refusal, and imprisonment will begin again. Within a few days, Mehmet Tarhan will be back in the military prison in Sivas, and a second trial will be opened. This is not only a violation of the human right to conscientious objection, but also a violation of Article 14 paragraph 7 of the ICCPR: “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.” In 1999, the United Nations Working Group on Arbitrary Detention already ruled against Turkey in the case of conscientious objector Osman Murat Ülke that every detention following an initial detention is arbitrary, and called on the Government “to take necessary steps to remedy the situation so as to bring it into line with the principles set forth in the Universal Declaration of Human Rights.” (Opinion 36/1999) That the Turkish authorities, 6 years later, again ignore these basic principles of human rights highlights their ignorance of human rights.
4. War Resisters' International will continue to work with Mehmet Tarhan's Turkish supporters, and with other European and international organisations, to highlight the situation of Mehmet Tarhan, and to fight for his release from prison and from the military. We will especially raise these issues with the relevant bodies of the European Union, to highlight Turkey policy of “doublespeak” on human rights, and to make sure that the treatment of conscientious objectors is an issue in the talks about Turkey's EU membership.
5. In the present situation, only the immediate release of Mehmet Tarhan from prison and from the military can be seen as in line with Turkey's commitment to international human rights standards. War Resisters' International therefore demands the immediate and unconditional release of Mehmet Tarhan.

Andreas Speck
War Resisters' International
Istanbul, 11 June 2005