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AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

Date: 31 May 1996
Case Number:tu9607_kiz
Victim:Seyfettin Kizilkan
Country:Turkey
Subject:Physician Arrested
Issues:Freedom from arbitrary arrest and detention; Freedom of association and assembly; Freedom of opinion and expression; Right to liberty and security of the person
Type of alert: New

FACTS OF THE CASE:

AAAS is concerned about the arrest on 8 May 1996 of Dr. Seyfettin Kizilkan, President of the Turkish Medical Association, Diyarbakir Medical Chamber, and Chief Physician of the Diyarbakir Social Insurance Organization Hospital.

During a search of his home on 5 May, police allegedly found guns and what they described as bomb making materials. Dr. Kizilkan was detained the same day. According to Turkish human rights and medical groups, there is reason to suspect that the evidence was fabricated. The Turkish Medical Association has issued an official statement indicating that police claims are inconsistent. In addition, there seem to be some irregularities concerning the police search itself. The Association claims that the search did not proceed according to the Turkish Criminal Proceeding Law.

It is believed that the charges against Dr. Kizilkan stem from his work on democracy, human rights and health problems in the region. The Association stated that this is the first time that an individual of Dr. Kizilkan's standing has had such charges filed against him in Diyarbakir. The arrest and filing of charges are reportedly intended to send the message that "nobody is untouchable."

Dr. Kizilkan was arrested last year on suspicion of treating wounded PKK rebels, but was later released without charge.

Dr. Kizilkan will be tried on 17 June 1996.

If the arrest of Dr. Kizilkan is the result of his activities on behalf of democracy, human rights and health care in the area and if evidence against him proves to be fabricated, it is clearly a violation of international human rights standards enumerated in the Universal Declaration of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. These include:

Under the Universal Declaration of Human Rights (adopted without opposition by the United Nations General Assembly on 10 December 1948):

  • the right to freedom of thought and expression and to seek, receive and impart information and ideas through any media (Article 19); and
  • the right to liberty and security of the person. (Article 9)

Under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ratified by Turkey on 18 May 1954):

  • everyone has the right to freedom of expression (Article 10); and everyone has the right to liberty and security of the person. (Article 5)

(Sources of information on this case include the Turkish Medical Association, Turkish Human Rights Foundation, and Reuters 05-07- 96.)

RECOMMENDED ACTION:

Please send telexes, telegrams, faxes, or airmail letters requesting that:

  • an investigation be undertaken regarding the collection and content of the evidence used against Dr. Kizilkan;
  • if the allegations against Dr. Kizilkan are the result of his democracy, human rights and health care work in the area that the charges be dropped and that he be released immediately and unconditionally; and
  • that he be given a fair and public hearing.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

    President Suleyman Demirel
    Office of the President
    Cumhur Baskanligi
    06100 Ankara, Turkey
    Fax: 011-90-312-468-5026
    Salutation: Your Excellency

    Mr. Mehmet Agar
    Minister of Justice
    Adalet Bakanligi
    06659 Ankara, Turkey
    Fax: 011-90-312-417-3954
    Salutation: Dear Minister

COPIES SENT TO:

    Ambassador Nuzhet Kandemir
    Embassy of the Republic of Turkey
    1714 Massachusetts Avenue, NW
    Washington, DC 20036

    Ambassador Marc Grossman
    Embassy of the United States of America
    Ataturk Blvd.
    PSC 93, Box 5000
    Ankara, Turkey
    APO AE 09823
    Fax: 011-90-312-467-0019


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