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The IBA’s response to the situation in Ukraine
The International Bar Association’s Human Rights Institute (IBAHRI), in conjunction with the Anti-Torture Initiative (ATI), has written to Turkey’s President, Recep Tayyip Erdogan, condemning the conviction of 11 members of the Turkish Medical Association (TMA) Central Council on terrorism charges.
Signed by the IBAHRI Co-Chairs, the Honourable Michael Kirby AC CMG and Anne Ramberg Dr jur hc, and the Director of the Anti-Torture Initiative Juan E Méndez, a former United Nations Special Rapporteur on Torture, the letter, sent on 17 May, expresses particular concern about the adverse impact of these prosecutions on the impartiality of the medical profession and the human right to health, as well as the general state of freedom of expression in Turkey.
Having published two declarations critical of the Turkish authorities, ‘War is a public health problem’ and ‘It is Quite Possible to Live in Peace and Equality on this Land’, in 2018 and 2016 respectively, the TMA members were charged with spreading terror and inciting hatred and hostility. On 3 May 2019, the 32nd High Criminal Court in Ankara sentenced the 11 individuals to ten months’ imprisonment for each statement. One member, Dr Handa Arpat, was additionally charged with ‘terrorist propaganda’ for his activities on social media, which the Court considered to be sympathetic to those whom the Turkish government deems members of terrorist organisations. Dr Arpat was sentenced to a total of three years, three months and 22 days in prison.
As the open letter explains, these prosecutions fail to acknowledge that raising awareness of negative public health consequences arising from conflict is a duty incumbent on medical experts, derived both from the ethical standards of the profession as well as international legal standards. The preservation of medical professionals’ autonomy, which includes safeguarding their freedom of expression, is of utmost importance in order to fulfil this duty. The doctors’ convictions for terrorism resembles an act of intimidation that threatens the impartiality of the medical profession, thereby endangering the human right to health.
In addition, the cases indicate a worrying tendency by the Turkish government to use terrorist legislation as a means of limiting dissenting speech. In this regard, the IBAHRI and ATI draw President Erdogan’s attention to both national and international legal provisions that safeguard freedom of expression and that are binding on Turkey. These include Articles 19(2) and 21 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention on Human Rights, both of which are ratified by Turkey, as well as Article 26 of the Constitution of Turkey.
The letter’s concluding paragraphs read: ‘The IBAHRI and ATI strongly condemn the conviction of the members of the TMA and call on Your Excellency to ensure the recognition of freedom of expression and the independence and impartiality of medical professionals, requiring the immediate end of the undue repression of doctors and restriction of democratic liberties in Turkey.’
‘We would be grateful to receive your assurances that you have received our letter and that our concerns will be addressed as a matter of urgency.’
ENDS
Notes to the Editor
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