18.02.2008, Turkey, Contemporary Lawyers Association Izmir Branch:
Human Rights Lawyer put on trial five years after statement about children tortured in turkish prisons
Contact:
Contemporary Lawyers Association Izmir Branch
http://www.cagdashukukculardernegi.org
The first trial of the criminal proceedings against Ms Nalan Erkem, who
is a prominent human rights lawyer and member of Izmir Bar Association,
will be held on 27th February 2008 at the Izmir 4th Heavy Penal Court
(case file 2008/1). The trial was based on the statements made by her
to the media concerning the torture and mal treatment allegations and
subsequent riot in Buca Prison’ Juvenile Ward on 6 November 2003.
The prosecutor office seeks up to three years imprisonment on the
grounds that Ms Erkem “abused her power” by stating in her
press conference that the children were tortured and maltreated in the
Juvenile section of the Buca Prison and the lawyers of the juveniles
weren’t allowed to meet their clients.
The first trial session will be held on 27 February 2008, at 11 am.
What happened in Buca Prison in 2003?
Ms Nalan Erkem, in her capacity as board member of the Izmir Bar
Association in 2003, prepared a report on the events of 2003 in Buca
Prison, based on data collected from the Bar Associations Working Group
for the Prevention of Torture, the Children’s Commission, the
Prison Commission and the Bar Association’s Legal Aid Service for
Criminal Suspects:
· On 5 November 2003, the prison
prosecutors’ office requested the Izmir Bar Association to assign
lawyers to 42 children from Buca Prison Children’s Ward, who were
charged with rioting.
· The children’s claims of torture and
mistreatment were recorded in the prosecutor office’s protocol. A
group of lawyers went early in the morning to the prison, to inquire
the incident. The first eight lawyers interviewed the children and took
their statements. They furthermore attended the prosecutors’
office’s investigation, making sure that the wounds and similar
physical traces were recorded by the prosecutors’ office.
· The second group of lawyers was not allowed
to see the children. The second group of lawyers, which arrived later
at the prison, was not allowed to see the children. They were
obstructed; the petitions for transferring some of the injured children
to the hospital weren’t taken. The lawyers were told in an
insulting manner that the prison prosecutor was on sick leave and the
prison director had no such obligation. The lawyers at the scene drew
up a minute in order record the situation and the official response.
Furthermore the lawyers reported to the Bar Association.
· During the investigation, 14 children told
the prosecutor that they were constantly beaten by the prison guards.
These statements were recorded and the prosecutor even made sure
personally that the injuries of four children were recorded too.
· Nevertheless, the chief prosecutor in charge
of the investigation declared that no mistreatment took place.
· Apart from the statements to the
prosecutors’ office, the lawyers found out in the statements of
six children, that the children were kept in the prison yard with their
underwear after they were removed from their ward. The children also
said that they were beaten in the yard and put into cells without cloth
or sufficient blankets, where the beating continued.
· They also stated, that they were threatened
by the prison authorities not to speak about the beatings during
investigation.
· There have been applications concerning
torture before the riot. 8 children or their relatives applied to the
Izmir Bar Association Working Group for the Prevention of Torture in
regards to mistreatment. These applications indicated that the children
were held in cells which were infested with rats and that the children
were subject to collective beatings.
· Adv. Nalan Erkem made a press statement in
her capacity as Board Member of the Izmir Bar Association responsible
for the Working Group for the Prevention of Torture based on the
obstructions towards the lawyers and the collected findings.
· The press statement was followed by news in
the newspapers on 7 November 2003, with the headings “The riot
was to be expected” (Cumhuriyet), “Torture claims in
Buca” (Milliyet), “Did the prison riot break out due to
torture?” (Hürriyet). Afterwards statements of CHP
parliamentary Ahmet Ersin, the Head of Izmir Bar Association and many
other lawyers took place in the media. However only Adv. Nalan Erkem,
who was responsible for the Working Group for the Prevention of Torture
was subject to a prosecution even though she had performed her duties
as lawyer and board member of the Izmir Bar Association.
Cooperator
World Coalition Against Torturers (WCAT)
Project Management
Bianca Schmolze
Bianca Schmolze
has a Master of Business Administration and works for the Medical Care
Service for Refugees since 2002. After serving as a fundraiser, she
became responsible coordinator of the "Justice heals" campaign in 2004.
Furthermore, she has a mandate in the city council of Bochum.
Tel.: +49-(0)234-9041380
Fax: +49-(0)234-9041381
(Thursday and Friday, 10.00–18.00 Uhr)
Supported by
Manfred
Nowak,
UN Special Rapporteur on Torture