TURKEY: 
        Conscientious objector Mehmet Tarhan sentenced to 25 months imprisonment
        War Resisters' International, London, 17 October 
        2006
        On 10 October 2006, the military court 
        of Sivas finally ruled in the case of Turkish conscientious objector
        Mehmet Tarhan 
        (TK14724), who had been unexpectedly released from prison on
        9 March 2006, 
        following an order of the Military 
        Court of Appeal in Ankara. Back then the court in Ankara had to deal 
        with appeals against the decision of the Sivas Military Court from 15 
        December 2005 (see
        co-alert, 15 
        December 2005), brought to the Appeal Court by the prosecutor and by 
        Mehmet Tarhan. The court gave as reason that, in case Mehmet Tarhan 
        would be finally sentenced, the sentence would unlikely be higher than 
        what he had already served. The decision was a surprise, because 
        normally the Court of Appeal does not have the power to order the 
        release of a prisoner - it can only refer the case back to the military 
        court, and judge on the validity of a ruling by a military court.
        
        On 10 October, the Sivas Military Court finally ruled on the case. 
        Mehmet Tarhan himself was not present at court, but was represented by 
        his lawyer Suna Coskun.
        
        Mehmet Tarhan was sentenced to 10 months imprisonment for "insistent 
        insubordination in front of his unit" on 10 April 2005, and to 1 year 
        and 6 months for a further act of disobedience on 10 June 2005 - 
        according to Turkish rules about combining sentences, this gives a total 
        of 25 months in prison.
        The fact that Mehmet Tarhan was sentenced for two different charges of 
        disobedience constitutes a violation of the international legal standard 
        of "double jeopardy": Tarhan has been sentenced twice for what has to be 
        considered as the same offence. 
        
        In 1999, the United Nations Working Group on Arbitrary Detention gave an 
        opinion in the case of Turkish conscientious objector Osman Murat Ülke (OPINION 
        No. 36/1999 (TURKEY)): "The Working Group is of the opinion that 
        there is, since, after the initial conviction, the person exhibits, for 
        reasons of conscience, a constant resolve not to obey the subsequent 
        summons, so that there is "one and the same action entailing the same 
        consequences and, therefore, the offence is the same and not a new one" 
        (see Decision of the Constitutional Court of the Czech Republic, 18 
        September 1999, No. 2, No. 130/95). Systematically to interpret such a 
        refusal as being perhaps provisional (selective) would, in a country 
        where the rule of law prevails, be tantamount to compelling someone to 
        change his mind for fear of being deprived of his liberty if not for 
        life, at least until the date at which citizens cease to be liable to 
        military service."
        
        The recent decision of the Sivas Military Court also ignores the 
        decision of the European Court of Human Rights in January, also in the 
        case of Osman Murat Ülke, and demands from the European Union and the 
        Turkish public to recognise the right to conscientious objection. The 
        ECHR decided: "The numerous criminal prosecutions against the 
        applicant, the cumulative effects of the criminal convictions which 
        resulted from them and the constant alternation between prosecutions and 
        terms of imprisonment, together with the possibility that he would be 
        liable to prosecution for the rest of his life, had been 
        disproportionate to the aim of ensuring that he did his military 
        service. They were more calculated to repressing the applicant’s 
        intellectual personality, inspiring in him feelings of fear, anguish and 
        vulnerability capable of humiliating and debasing him and breaking his 
        resistance and will. The clandestine life amounting almost to “civil 
        death” which the applicant had been compelled to adopt was incompatible 
        with the punishment regime of a democratic society."
        Mehmet Tarhan has now been sentenced to 25 months imprisonment. As he 
        did not present himself to the court, he presently is not in prison. In 
        addition to the danger of imprisonment following the recent sentence, 
        Mehmet Tarhan is presently also officially a "deserter" from the Turkish 
        military, as he was given an order to present himself to his military 
        unit when he was released from prison on 9 March 2006. The situation of 
        Mehmet Tarhan amounts exactly to what the ECHR described above, and 
        called "civil death" - a situation which has not been resolved for Osman 
        Murat Ülke either.
        
        Mehmet Tarhan's lawyer Suna Coskun appealed against the sentence of the 
        Sivas Military Court on the same day.
        
        In addition, there are several other cases pending:
        1. A lawsuit regarding the imhuman treatment of Mehmet Tarhan in prison. 
        This case has been postponed to 8 November 2006.
        2. A trial against several of Mehmet Tarhan's supporters, who had been 
        arrested at one of his
        trials. The 
        next hearing in this case will be on 23 November 2006.
        3. The case of conscientious objector
        Mehmet 
        Bal is still ongoing, with the next hearing scheduled for 8 March 
        2007.
        4. The case of conscientious objector
        Halil 
        Savda, which had been overruled by the Military Appeals Court in 
        Ankara. The next hearing is scheduled for 7 December 2006.
        
        War Resisters' International calls for letters of 
        protest to the Turkish authorities, and Turkish embassies abroad. 
        
- General Staff of the Turkish Military: Fax +90-312-4250813
- Presidency of the Turkish Republic: Fax +90-312-4271330, email cumhurbaskanligi@tccb.gov.tr
- A protest email to the Turkish President Ahmet Nezdet Secer can be sent at http://wri-irg.org/co/alerts/20061017a.html.
War Resisters' International