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In
a joint
report,
the
Observatory for the Protection of Human Rights Defenders—a
partnership between the International Federation for Human Rights
(FIDH) and the World Organisation Against Torture (OMCT)—and the
International Observatory for Lawyers in Danger (OIAD)
present findings from the judicial observation of the first hearing
in the trial of
Eren Keskin and Güllistan Yarkın, from the Human Rights Association
(IHD). Both were accused of "publicly denigrating the Turkish
Nation” following their statements at the Armenian Genocide
Commemoration Day on April 24, 2021 and acquitted on May 2, 2024. The
prosecutor has appealed against their acquittal and the appellate
review is ongoing.
Paris-Geneva,
August 28, 2024 – On
February 27, 2024, observers from the Observatory and OIAD attended
the first trial of the criminal case against Eren
Keskin,
Kurdish human rights defender, lawyer and Co-chair of IHD, and
Güllistan
Yarkın,
Kurdish human rights defender, researcher and member of IHD’s
Commission against Racism and Discrimination. The trial was held
before the Istanbul 51st Criminal Court of First Instance.
Both
defenders were accused under the notorious Article 301 of the Turkish
Criminal Code, which states that anyone who “publicly denigrates
Turkish Nation, State of the Turkish Republic, Turkish Grand National
Assembly, the Government of the Republic of Turkey and the judicial
bodies of the State shall be sentenced a penalty of imprisonment for
a term of six months to two years.” These charges stemmed from an
anonymous complaint submitted to the Turkish Presidency's Web
Communication Centre (CIMER) concerning IHD’s 2021 statement on the
Armenian Genocide.
The
trial followed standard legal procedures, with both defendants and
their legal representatives presenting their arguments. However, the
very existence of such indictments raises serious concerns about the
state of freedom of expression in Turkey, especially targeting
journalists, writers, human rights defenders and lawyers. It also
illustrates how Article 301 is often abused to suppress freedom of
expression and silence critical voices on sensitive historical
issues, and particularly the Armenian Genocide, despite amendments
made to the provision following European Court of Human Rights
judgments finding the scope of terms under Article 301, as
interpreted by the judiciary, too vague and wide.
Ms
Keskin and Ms Yarkın were ultimately acquitted in the third hearing,
on May 2, 2024. Despite their acquittal the prosecution’s appeal
against this decision on May 21, 2024 underscores the persistent
judicial harassment faced by human rights defenders and lawyers in
Turkey. These violations of the right to freedom of expression also
have a chilling effect on civil society, signaling to other human
rights defenders and lawyers, civil society actors and the broader
public that they may also face judicial harassment based on spurious
accusations if they publicly disagree with the state’s denial
policy concerning the Armenian Genocide.
For
nearly two decades, the IHD
has been advocating for the recognition of the Armenian Genocide in
Turkey, consistently organising commemoration events calling for
recognition, apology, and compensation. The charges against their
two members highlight the broader pattern of legal challenges faced
by the IHD.
IHD
former co-chair Öztürk
Türkdoğan
previously faced Article 301 charges in relation to an article titled
“Stop Denying the Armenian Genocide for Justice and Truth”
published by IHD
on its website on April 24, 2017 and was later acquitted.
Eren Keskin also faced criminal charges prior to this case on the
basis of Article 301. In 2015, she was sentenced to 10 months of
imprisonment due to her statement
accusing the state of the murder of 12 years old Ugur Kaymaz and
asking for accountability in a conference. In 2018, Keskin was again
sentenced
under Article 301, among others, due to her role as editor-in-chief
of the Özgür Gündem newspaper, a position she assumed symbolically
as an act of solidarity for imprisoned journalists and support for
freedom of expression. Between 2017 and 2024, eight separate
statements by the Diyarbakır
Bar Association
on the Armenian Genocide were subject to investigations under Article
301. The members of the Executive Board of the Bar Association faced
a total of six criminal cases as a result, with four of the cases
ending in acquittal.
Two cases are ongoing.
Article
301 and judicial harassment are not the only means used by Turkey to
suppress public debate about the Armenian Genocide. In May 2024 Açık
Radyo an independent radio station, faced an administrative fine and
5-day broadcasting suspension due to the decision of the Radio and
Television Supreme Council, Turkey’s media regulator, after a guest
referred to the Armenian Genocide on air. In July 2024, The Supreme
Council revoked
the broadcasting license of Açık
Radyo
on the grounds that the radio station continued broadcasting.
The
Observatory and the OIAD urge the authorities to cease all forms of
harassment against Eren Keskin, Güllistan Yarkın, and other human
rights defenders and lawyers, and to ensure their right to freedom of
expression, particularly in relation to the Armenian Genocide. They
also call on international organisations, including the Parliamentary
Assembly and the Committee of Ministers of the Council of Europe; UN
High Commissioner for Human Rights, UN Special Rapporteur on freedom
of opinion and expression, UN Special Rapporteur on the Situation of
Human Rights Defenders, UN Special Rapporteur on the independence
of judges and lawyers, and all the relevant EU bodies, to monitor and
condemn any violations against human rights defenders and lawyers,
and to advocate for their protection in Turkey.
Read the full report on the FIDH website, on the OMCT website, and on the OIAD website.
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