PRESS RELEASE - THE OBSERVATORY

TURKEY: Heavy Penal Court due to issue a fourth verdict on January 24, 2013 against Pinar Selek

Paris-Geneva, December 21, 2012. Ms. Pinar Selek's lawyers expect a fourth verdict will be issued by Istanbul Heavy Penal Court No. 12 on January 24, 2013. The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), which has been following these criminal proceedings since 2011, conducted a judicial observation of the last hearing held on December 13, 2012.

After Istanbul Heavy Penal Court No. 12, against all odds, decided on November 22, 2012 to amend its previous decision to acquit Ms. Pinar Selek, a writer and sociologist who has been actively defending the rights of vulnerable communities in Turkey, in a criminal case that has been ongoing since 1998, though the decision of this same court to acquit Ms. Selek remained pending before the General Assembly of the Court of Cassation – thereby violating basic procedural principles, the court was due to issue a new verdict. On December 13, 2012, Istanbul Heavy Penal Court No. 12 attempted to finalise the examination of the criminal case for the fourth time.

The Observatory recalls that, in 1998, Ms. Pinar Selek was in turn accused without proof of supporting the Kurdistan Workers’ Party (PKK) and then of causing a bomb to explode in Istanbul’s Egyptian bazaar on July 9 of the same year. On the basis of these accusations, she was detained during two years and subjected to torture and ill-treatment, until her provisional release in 2000. The court’s investigations largely confirmed the absence of any bomb and attributed the explosion to a gas leak; in addition the other defendant in the case who had accused her during interrogation withdrew his statement during the trial. Accordingly, Istanbul Heavy Penal Court No. 12 acquitted her on three occasions: in 2006, 2008, and for the last time on February 9, 2011. Nonetheless, following appeals by the Prosecutor, the Court of Cassation quashed the first two acquittal decisions. As of today, Istanbul Heavy Penal Court No. 12's last decision of acquittal made in 2011 has not been examined by the Court of Cassation and has therefore the effect of res judicata.

Ms. Pinar Selek's lawyers filed a petition to revoke the Presiding Judge on account of “impartiality”. This motion was rejected by Istanbul Heavy Penal Court Nos. 12 and 13 and is to be reviewed by Istanbul Heavy Penal Court No. 14. Ms. Pinar Selek's lawyers expect it to be rejected for the third time and the verdict to be read on January 24, 2013.

“We are concerned that Istanbul Heavy Penal Court No. 12 will convict Pinar Selek this time. There is no new evidence incriminating her, no victims standing trial, no witness. Nonetheless, the judicial system continues to be misused to prosecute her. This is tantamount to judicial harassment!”, denounced Souhayr Belhassen, FIDH President.

“This judicial harassment is unprecedented. If the Court confirms this decision, we can conclude that there is no more legal certainty in Turkey”, added Gerald Staberock, OMCT Secretary General. “We firmly condemn this decision, and call upon the judiciary authorities of Turkey to review it immediately”, he concluded.

More generally, the Observatory further reiterates its call on the Turkish authorities to immediately and unconditionally put an end to the uninterrupted harassment that has been targeting Ms. Pinar Selek for more than 14 years, as it seems to merely aim at sanctioning her for her legitimate exercise of the freedom of opinion and expression.

For further information, please contact:
• FIDH: Audrey Couprie / Arthur Manet: + 33 1 43 55 25 18
• OMCT: Delphine Reculeau: + 41 22 809 49 39


http://www.fidh.org/TURKEY-Heavy-Penal-Court-due-to-12666