Petition by 27 organizations: Do what the law and justice command

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27 organizations have launched an online petition on change.org and made a call to legists in Turkey, saying, "We, as the citizens and institutions of this country, feel deprived of legal security." 

They have noted, "We cannot exercise our basic rights and freedoms; we are unprotected in the face of public officials' arbitrary practices."

Raising concerns that "journalists, artists and individuals who exercise their freedom of expression are under attack", the petition has read:

These attacks target all of us! They target our right to liberty and security, our right to say a word, our right to equality before the law, our right to access justice, our right to obtain information and almost all rights and freedoms foreseen by the Constitution!

"These attacks target the women who come to the forefront with their voices, words and courage! They aim to distance women from the public sphere; they aim to silence, scare and intimidate women."

Emphasis on presumption of innocence

In their call, the organizations have specifically drawn attention to the violations of presumption of innocence in Turkey, saying, "So, we defend the following sentence in our Constitution: 'No one shall be considered guilty until proven guilty in a court of law...'"

The organizations have said, "Presumption of innocence is an absolute fundamental right. It is inviolable. This right is constantly violated by people and institutions such as the President, Justice Minister and Interior Minister. This right is a matter of existence for legists."

Explaining the expression "matter of existence", they have said, "Because the anticipation that the individual is guilty destroys the principles of investigation and inquiry, which constitute the basis of justice. It renders the position of prosecutor's offices and prosecutor meaningless."

The organizations have further underlined that "declaring a person guilty without being proved by court is against the principle of independence of courts," adding that "in order for a person to be considered guilty, she or he shall be put on fair trial by an independent court."

The violations of presumption of innocence should also disturb judges because this violation disregards the principle of independent judiciary as well. The right to a fair trial is of vital importance in terms of protecting other fundamental rights. Courts and judges shall not be given orders or instructions and no recommendations or suggestions shall be made to them.

Sedef Kabaş: 'The last victim'

At this point, the organizations have referred to journalist Sedef Kabaş, who has been arrested on charge of "insulting the President" over her words on a TV program, as "the last victim of this violation".

The petition has recalled that "without a court ruling against her, Sedef Kabaş was declared guilty first by the President [Recep Tayyip Erdoğan] himself and, then, by the former Justice Minister [Abdulhamit Gül] and [ruling] AKP Spokesperson [Ömer Çelik]; she was targeted and arrested."

Raising concerns that Kabaş is still being targeted, the organizations have said, "This course of events should be ended!"

Call to all legal authorities

Accordingly, the petition has made the following calls:

"Our first call is to the prosecutors and judges of this country:

"Regardless of who or what institution violates the presumption of innocence, don't let it happen! Prosecute the perpetrators of the violation! These violations render you non-functional!

"Our second call is to bar associations:

"Don't stay silent when the presumption of innocence is violated; take legal action against the ones who committed the violation and follow it.

"Our third call is to the law faculties, academics and everyone related to law in our country:

"The violation of the presumption of innocence damns your faculties, courses and course books! Raise your voice against these violations!

"Legists and representatives of justice; we invite you to duty!

"Without being subjected to any more shame or disregard, fulfill what the right, law and justice command for Sedef Kabaş and for all writers and journalists who are unfairly imprisoned."

The undersigned organizations:

ADALAR Foundation Women's Working Group
ANTALYA Women's Counseling Center and Solidarity Association
Atatürkist Thought Association
Press Council
Boğaziçi University Intervening Graduates
BOYUT - Boğaziçi University International Community
ÇYDD - Association for Supporting Contemporary Life
Initiative Against Thought Crime
ESKİŞEHİR Women's Solidarity Platform
EŞİTİZ - Equality Monitoring Women's Group
FOÇA Peace Women
FETHİYE Women's Counseling Association
İRİS Equality Observation Initiative Group
İZMİR Association of Women's Organizations
Women Writers Association
KARABURUN Women's Platform
Nazım Hikmet Culture and Art Foundation
PEN Turkey Writers Association
ROSA Women's Association
Artists Initiative
SES Equality and Solidarity Association
Turkish Women's Union
TYS - Turkish Writers' Union
UPSD - International Plastic Artists Association.
WINPEACE - Turkey Women's Peace Initiative
Citizen Initiative
Citizens' Assembly

(AÖ/SD)