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Inquiétude quant à la situation en Turquie

Le Président européen pour l'Institut International de l'Ombudsman, Rafael RIBO, Médiateur de Catalogne (Espagne) s'est adressé à son homologue turc afin de connaître la situation actuelle en Turquie.
Le Médiateur de la Wallonie et de la Fédération Wallonie-Bruxelles, Marc BERTRAND, comme tous les collègues européens sont particulièrement inquiets quant à la défense des Droits de l'Homme dans le pays depuis plusieurs semaines.

Voici le contenu du courrier adressé au Médiateur turc.

"Dear Colleague,

As president of the European chapter of the IOI and following my telephone conversation yesterday with your assistant for international and European affairs, I want to begin by expressing my full support to your task in these difficult times.

In this respect, I would like to know, from your position as Ombudsman of the Republic of Turkey, your assessment about the recent derogation of the European Convention of Human Rights in Turkey pursuant the declaration of the state of emergency by the Council of Ministries on July 20th.

The main areas of analysis would be:

- If the attempted and failed coup d'état constitutes a "public emergency threatening the life of the nation". I have serious doubts in this respect, particularly taking into consideration the precedent established by the European Commission of Human Rights in its report on the Greek Case in 1969.
- Whether the measures adopted by the Turkish Government derogating on its obligations under the Convention are really being taken "only to the extent strictly required by the exigencies of the situation". If media news are correct, some of them, particularly the massive expulsion of hundreds of members of the judiciary may be disproportionately and unjustifiably encroach over the right to due process. Likewise, limitations to privacy (art. 8), freedom of expression and information (art. 9 and 10) or free movement (Protocol 4) should be adopted on an individual basis and only if strictly justified by the exigencies of the situation.
- If you aware of any violation of rights that, according to the Convention, cannot be derogated under any circumstance. According again to the media, there are already allegations of torture committed in relation to the persecution of the attempted coup. Likewise, President Erdogan has announced a possible restoration of the death penalty, a measure that would clearly incompatible with Protocols 6 and 13, which cannot be derogated in any circumstance and to which Turkey is a Party.

While last week's attempted military coup in Turkey must be condemned as an attack to democracy, a democratic regime must react to it with the arms of the Law only, and in full respect of the national and international instruments for the protection of human rights.

Please do not hesitate to ask for my collaboration if need be.

Best regards,

Rafael RIBO
Catalan Ombudsman
European President for the IOI"