Turkey

Contribution for press conference, Istanbul, 27 February 2012

My name is Andreas Speck, and I am representing War Resisters' International.

WRI is an international antimilitarist network founded in 1921, and is today present in about 40 countries all over the world.

WRI is opposed to all war, because we believe that war is a crime against humanity.

We see conscientious objection not only as a human right, but as a form of resistance to war and militarism.

DEUXIÈME SECTION

AFFAIRE FETİ DEMİRTAŞ c. TURQUIE

(Requête no 5260/07)

ARRÊT

STRASBOURG

17 janvier 2012

Cet arrêt deviendra définitif dans les conditions définies à l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.

En l’affaire Feti Demirtaş c. Turquie,

La Cour européenne des droits de l’homme (deuxième section), siégeant en une chambre composée de :

Françoise Tulkens, présidente,
Danutė Jočienė,
Dragoljub Popović,
Isabelle Berro-Lefèvre,
András Sajó,
Işıl Karakaş,
Guido Raimondi, juges,

Report to the Human Rights Committee, 104th Session

London, December 2011

Summary

War Resisters'
International is concerned about grave violations of human rights of
conscientious objectors and antimilitarists in Turkey. The main
issues are:

Turkey maintains conscription,
and still does not recognise the right to conscientious objection. Conscientious objectors are
often sentenced repeatedly for refusing military service, on charges
of desertion, disobedience or insubordination, in violation of
article 18 and article 14 ICCPR (ne bis in idem). While in prison, conscientious
objectors often face abuse and maltreatment either from the side of
the prison authorities, or also from fellow prisoners. Even after their release from
prison, conscientious objectors often live in a legal limbo, a
situation the European Court of Human Rights called “civil death”
- being unable to marry, to legal register a child, to legally work,
get a passport, or engage in any way with the authorities. The same
applies to those who declared their conscientious objection, but
have never been arrested. Conscientious objectors and
pacifists often face trials on charges of “alienating the people
from the military” (article 318 Turkish Penal Code) for
criticising the military, or talking about conscientious objection,
in violation of article 19 ICCPR.

On 22 November 2011, a Chamber of the European Court of Human Rights reaffirmed the right to conscientious objection in its judgement in the case of Erçep v. Turkey (application no. 43965/04). The case concerned a Jehovah's Witness from Turkey, who had been repeatedly imprisoned for his refusal to perform military service following approximately 15 call-ups.

DEUXIÈME SECTION


AFFAIRE ERÇEP c. TURQUIE


(Requête no 43965/04)


ARRÊT


STRASBOURG


22 novembre 2011



Cet arrêt deviendra définitif dans les conditions définies à l’article 44 § 2 de la Convention. Il peut subir des retouches de forme.


En l’affaire Erçep c.

39437/98 Ülke, judgment of 24/01/2006, final on 24/04/2006

Interim Resolution CM/ResDH(2007)109 and CM/ResDH(2009)45,

DD(2009)556, DD(2010)107

Decision

The Deputies,

1. took note of the information provided by the Turkish authorities during the meeting that the applicant in this case is not deprived of his liberty;

2. regretted, however, that no information has been provided regarding as to whether the applicant is still being searched for or not;

• Serdar M. Değirmencioğlu

Schools provide fertile ground for militarism: there is a captive audience, a comprehensive mandate, a hierarchical structure, and a clear power differential between students and professionals. Schools can easily be turned into paramilitary institutions.

Pinar Selek, Turkish feminist and antimilitarist writer and activist, framed on a charge of terrorism, has been the subject of an unresolved legal process for twelve years. On 9 February 2011 she was acquitted for the third time in an Istanbul court. Next day the prosecution appealed for the third time to the Supreme Court to over-rule the finding.This is not justice but judicial bullying.

War Resisters' International (WRI), an international network of pacifist and antimilitarist organisations with more than 90 affiliates in more than 40 countries, condemns the persecution of Turkish antimilitarist and feminist Pinar Selek. For 12 years now, Pinar Selek has been under prosecution for a crime she did not commit and in connection with which there is no evidence against her - the so-called bombing of the Spice Bazaar in Istanbul on 09 July 1998. Pinar Selek was arrested in 1998, tortured during investigation and spent two and a half years in prison.

In Turkey, the persecution of antimilitarists continues. In January 2011, the Eskişehir Public Prosecutor’s Office has filed an indictment against five people who lent support to conscientious objector Enver Aydemir, on charges of “alienating the people from the military” (article 318 Turkish Penal Code).

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