Turkey

In a new judgement, the European Court on Human Rights ruled against against Turkey, and in favour of antimilitarist activists. The case was brought by İzmir Savaş Karşıtları Derneği and Others against Turkey (no. 46257/99), on grounds of violation of Article 11 of the European Convention on Human Rights.

The applicants are an association, İzmir Savaş Karşıtları Derneği (Izmir Association Against War), and Ayşe Tosuner, Ali Serdar Tekin and Osman Murat Ülke, Turkish nationals born in 1950, 1974 and 1970 respectively, who live in Izmir (Turkey).

Since the last issue, the WRI office issued the following co-alerts:

(a full archive of co-alerts is available at wri-irg.org/news/alerts)

TK14724-161205: Turkey: ** Clarification** Fri Dec 16, 2005

TK14724-151205: Turkey: Sivas Military Court overruled Military Court of Appeal decision on Mehmet Tarhan Thu Dec 15, 2005

On 24 January 2006, the European Court of Human Rights finally released the judgement in the case of Turkish conscientious objector Osman Murat Ülke. In short: Osman Murat Ülke complained that he had been prosecuted and convicted on account of his convictions as a pacifist and conscientious objector.

SECOND SECTION

CASE OF ÜLKE v. TURKEY

(Application no. 39437/98)

JUDGMENT

STRASBOURG

24 January 2006

FINAL

24/04/2006

This judgment is final but it may be subject to editorial revision.

In the case of Ülke v. Turkey,

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Mr J.-P. Costa, President,
Mr A.B. Baka,
Mr R. Türmen,
Mr K. Jungwiert
Mr M. Ugrekhelidze,
Mrs A. Mularoni,
Mrs E. Fura-Sandström, judges,
and Mrs S. Dollé, Section Registrar,

Interview with Mehmet Tarhan for the Spanish newspaper Diagonal, January 2006

As you know, it took a long time for your questions to reach me. It took me quite some time to pick up the pen and answer your questions too. For unpleasant things happened. And I was afraid my answers would be unlike me when my thoughts and emotions were in such turmoil.

Several groups - including War Resisters' International - are calling for an international day of action in support of imprisoned Turkish conscientious objectors Mehmet Tarhan.

(Adopted by the Committee of Ministers on 30 November 2005
at the 948th meeting of the Ministers’ Deputies)

The Committee of Ministers, having regard to the judgment of the European Court of Human Rights (“the Court”) of 19 June 2003 in the Hulki Güneş v. Turkey case (application no. 28490/95) transmitted on 19 September 2003 to the Committee for supervision of execution in accordance with Article 46 § 2 of the European Convention on Human Rights (“the Convention”);

Turkish conscientious objector Mehmet Tarhan is fast approaching the completion of the fifth week of his hunger strike (see CO-Update No 14, October 2005). Mehmet Tarhan began this second hunger strike after a new incident of maltreatment and abuse.

Turkish conscientious objector Mehmet Tarhan is on hunger strike for more than 32 days today, and War Resisters' International is very concerned about his health, and long-term health consequences this hunger strike might have. We therefore urge you to make your protest heard with the Turkish authorities, to fulfill Mehmet Tarhan's demands, so that he, and his friend Ali, can end their hunger strike.

Turkish conscientious objector Mehmet Tarhan was battered as his hair was violently cut by military prison authorities in Sivas. In response, Mehmet started an indefinite hunger strike, demanding an examination by civilian doctors, a report from a forensic medical facility documenting the torture and legal action against the perpetrators. On 30 September, at about 3pm, Mehmet Tarhan was told by non-commissioned military prison officer Hilmi Savluk, who was accompanied by 3-4 guards, that they were to cut Mehmet's hair.

War Resisters' International submitted the case of gay Turkish conscientious objector Mehmet Tarhan, sentenced on 10 August to four years imprisonment on two charges of insubordination, to the United Nations' Working Group on Arbitrary Detention. Tarhan, who had been arrested in Izmir on 8 April, declared his conscientious objection on 27 October 2001. After his arrest, he was transferred to a military unit in Tokat, where he was given a military order, which he refused. He was charged with insubordination, and imprisoned in the Military Prison in Sivas.

The council meeting of War Resisters' International in Seoul, Korea 30 June - 2 July 2005 demands the immediate release of conscientious objector Mehmet Tarhan and the full recognition of his right to consceintious objection. Mehmet Tarhan is a well known activist on issues of antimilitarism and gay rights in Turkey. He was arrested on April 8th, 2005, on the grounds he was a "roll call deserter".