Turkey

Dr Ayan is working as a psychiatrist for the Human Rights Foundation of Turkey (HRFT) a partner organisation of the International Rehabilitation Council for Torture Victims (IRCT). The IRCT Ambassador, Dr Inge Genefke, and the IRCT Media Co-ordinator, Mr Poul Struve Nielsen, will accompany Mr Torben Lund to the court hearing.

The harassment of health professionals working for the rehabilitation of the torture victims is going from bad to worse, and the cases against Dr. Ayan illustrate how human rights defenders are under pressure in Turkey.

Dr. Genefke testified on Monday 23 February before the Congressional Human Rights Caucus in the US Congress in Washington, D.C. In her testimony, she said that no improvement has been made in the prevention of torture and that the situation is worse than ever. The Caucus appreciated the testimony and Dr. Genefke is meeting the US ambassador in Turkey, Mr. Eric Edelman, upon request from the US State Department.

The IRCT is deeply concerned about the sentencing last month of Dr Ayan and other staff members of the HRFT, Izmir. On 13 February 2004, after a four-year trial, Dr Alp Ayan was sentenced to 18 months and one day in prison, and Mrs Günseli Kaya, together with the other 28 defendants, to 18 months in prison. Another defendant, Mr Adnan Akin was sentenced to three years in prison. The rest of the defendants (37) were acquitted. The defendants are planning to appeal the convictions.

The sentences were based on events at a funeral, which took place on 30 September 1999. The defendants were charged with "attacking the gendarmes with stones and bottles" and "resisting and opposing through violent means" pursuant to Articles 32/1 and 32/3 of the Law 2911 on Meetings and Demonstrations. According to testimonies, the police had set up barricades at the village entrance and violently attacked the group to prevent them from attending the funeral. The court failed to examine video footage documenting that the defendants did not attack the police.

At least 69 individuals were arrested, beaten and detained, and 14 individuals were remanded, including Dr Alp Ayan and Mrs Günseli Kaya who then spent four months in detention.

Reliable and bona fide reports have been published in Turkey and abroad documenting systematic torture in Turkey. The case against Dr Ayan serves as evidence that Turkey violates human rights through torture and through preventing the freedom of speech.

Further court hearings in a trial against nine Executive Board members of the HRFT have been adjourned to 9 March 2004. The aim is to suspend the board members from duty. If the nine Executive Board members are found guilty of "having collected contributions without obtaining permission" and "co-operation with international organisations without permission", the HRFT would be likely to be shut down.

The cases against Dr Ayan and the many other cases against human rights defenders in Turkey would probably never take place in any member state of the European Union. Turkey's Prime Minister, Mr Erdogan, promised "zero tolerance" towards torture after his party's election victory in 2002. Nevertheless, there is still impunity for the torturers. In 2003, the HRFT treated 924 victims of torture. This figure is roughly the same as in previous years.

Most of the cases have been postponed time and time again and sent from one court instance to another. On the United Nations Human Rights Day, 10 December 2003, Dr Alp Ayan appeared before the court, and this case was adjourned to 3 March after only 20 seconds.