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11 June 2019 H.E. Recep Tayyip Erdoğan President of the Republic

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11 June 2019 H.E. Recep Tayyip Erdoğan President of the Republic 11 June 2019 President of the Republic of Turkey H.E. Recep Tayyip Erdoğan 06689 Çankaya, Ankara TurkeyT.C. Cumhurbaşkanlığı Genel Sekreterliği Dear President Erdoğan: and its Committee on Academic Freedom to express our alarm at recent developments inWe the write prosecution on behalf of of scholars the Middle who East signed Studies the declarationAssociation “We(MESA) will ofnot North be a Americaparty to this crime”—commonly referred to as the “Academics for Peace Petition.” In numerous previous letters, we have criticized the broad pattern of persecution of petition signatories and other academics under your government particularly over the course of the last three years. We write now again to respectfully urge your government to desist from repressing academic freedom and freedom of expression for scholars, researchers, and both undergraduate and graduate students in Turkey. In particular, we call on your government to desist from the prosecution of petition signatories and abandon the expansive interpretation of anti-terrorism provisions— extending to many forms of peaceful advocacy—that stifles critical inquiry, scholarly research and political dissent in your country. theMESA International was founded Journal in 1966 of Middleto promote East Studiesscholarship and has and more teaching than on 2500 the membersMiddle East and North Africa. The preeminent organization in the field, the Association publishes expression, both within the region and in connection with the study of the region in worldwide. MESA is committed to ensuring academic freedom and freedom of North America and elsewhere. on was published in January 2016, 610 academics have been required to appear in court on various charges associated with being signatoriesSince the Academics of the petition. for Peace Of this Petiti group, a large number have been given suspended sentences for a duration of less than two ye academics have been sentenced to 15 months in prison, 18 academics have been sentenced to 22 months and 15 days, 8 academicsars, including have been the sentencedfollowing: 134to 18 months, and 2 academics have been sentenced to 18 months and 15 days. The remainder who facehave the been real sentenced possibility have of imprisonment. received prison Those terms facing of longer such than longer two sente years.nces Sentences include exceeding 24 months may not be suspended under Turkish law so this latter category ofthe jail following: time. In our17 academics previous letters sentenced we noted to 27 thatmonths, there 6 isacademics no clear legal sentenced basis forto 28the variationmonths, 4 in academics the length sentenced of sentences to 25 being months, handed and down 1 academic to individuals sentenced who to are 36 allmonths similarly situated in that the charges against them stem uniquely from their having signed the same petition. Of the 192 individuals who have been given prison sentences, a total of 29 have been sentenced to more than 2 years and thus denied the possibility of a suspended sentence. In addition, 6 of those who have been sentenced declined the opportunity to have their prison terms suspended. At the moment a total academics are at imminent risk of imprisonment. of 35 Prosecution of Peace Petition signatories Page 2 1Re:1 June 2019 Of the 6 academics who declined to have their sentences suspended, one has now been imprisoned. Dr. Füsun Üstel is a distinguished academic who received her BA numerousand PhD from articles Ankara and University books on Turkish School of nationalism Political Sciences and national and has identity, served and on theis an establishedteaching faculty and wellof both-regarded Ankara scholar. University Dr. andÜstel Galatasaray became the University. first peace She petition has written signatory to begin a prison sentence when she submitted herself to Women’s Closed Prison to serve her 15-month sentence on 8 May 2019. Her prison Eskişehirof the Istanbul sentence was previously upheld on appeal by the 3rd Panel Chamber prisonRegional “on Court terror of charges”Justice on are 25 required February to 2019. serve Article three quarters 107/4 of of Law the irno. prison 5275 termson the inExecution penal institutions. of Sentences Hence, and SecurityDr. Üstel Measures will be held states in prison that people for 11 who months are sentencedbefore being to eligible for release on probation. Among those academics sentenced to 25 months and thus denied the possibility of publishedsuspended on sentence militarism, is Ayşe memory, Gül Alt violence,ınay, Professor gender and and Director sexuality, of including Gender Studies Women at MobilizingSabancı University, Memory Istanbul. Altınay received her PhD from Duke University and academic facing a 25-month (forthcoming, Columbia University Press, 2019). Another sentence is Leyla Neyzi, also Professorshed at Sabancı on oral history,University. memory Neyzi studies,received youth her PhD and from social Cornell movements. University As is and evident was fromthe recipient these short of descriptions,MESA’s Malcolm your H. government Kerr dissertation is electing award to inthreaten 1992. She with has lengthy publi prison sentences some of the leading scholars in your country. The arbitrariness of the court decisions that impose varying lengths of sentence on individuals being prosecuted on the same charges has been on full display this spring. announced 15-month sentences against two academics on charges of “propagandizing In one striking example, on 27 March 2019, the İstanbul 27th Heavy- Penal Court 6for months a terrorist in organization” pursuant to Article 7/2 of the Anti Terror Law. Yet the same court on the same date also sentenced academic Ali Kerem Saysel toUniversity, 2 years and is prison on the same charges. Dr. Saysel, Professor of Environmental Sciences and Head of the Division of- EnvironmentalPolicy Platform Scienceson Biodiversity at Boğaziçi and Ecosystem an associate editor of the System Dynamics Review and is lead author for the United Nation’s Intergovernmental Science arbitraryServices (IPBES)’s grounds. firstThe prglobal assessment. In short, an academic of international minutesrenown, fromSaysel the was other given two a lengthierwith a notation prison concerningsentence on “the what gravity appears of intent,” to be entirely aggravating his sentence withoutison sentence offering of substantiatingSaysel was differentiated evidence. While in the this Court’s lengthy sel is currently appealing the judgment. His lengthysentence sentence cannot be of suspended,two years and Say three months – th Istanbul Heavy colleaguePenal Court at onBoğaziçi 10 April University, 2019. We Koray have writtenÇalışkan, to was you subsequently on prior occasions also given when a Dr. this time by the 37 Çalışkan faced harsh treatment by your government; we note, once again, that like Prosecution of Peace Petition signatories Page 1Re:1 June 2019 3 others who have been singled out for heavier sentences, he is being subjected to arbitrary and unjust punishment for engaging in protected activities. The arbitrary nature of the sentences issued in the cases against petition signatories th High Criminal Court issued four sentences to four signatories, each of whom was on trial for the same act of signingwas also the evident same onpetition 20 March that 2019demanded when peace. the Istanbul Whereas 27 two of the signatories received 15 months and a third received 18 months, the fourth was sentenced to two years and six months in prison. While the first three sentences have been suspended, effectively placing the defendants on probation, the fourth defendant, Dr. Zeynep schoYelçe, is facing imprisonment pending an appeal. The reason cited for Dr. Yelçe’sIdeal Kingshipheavier sentence in the Late is, Medievalagain, “the World: gravity Ottoman of her intent.”Principles Dr. and Yelçe Perceptions is a distinguished lar; a historian of the early modern Ottoman Empire, she is the author of Turkish. (2010), as well as numerous articles and chapters; she is also the translator of several books into Another worrisome development is that signatories who are based outside Turkey are beginning to be sentenced. Baki Tezcan, Associate Professor of History at the University of California, Davis, like other petition signatories, is charged with “making propaganda for a terrorist organization.” As we explained in our earlier letters of 21 March 2019, the indictments issued against Peace Petition signatories contain serious errors including the outlandish claim that the petition17 coOctober 2017, and nstitutes evidence of coordinationth High Criminal with Court the PKK. to collect The outlandishness Dr. Tezcan’s testimony. of this claim The has now been acknowledged by the US Department of Justice in its response to a request issued by the 27 US Departexpressionment of Justice and, as wrote a result, the prohibits following criminal paragraph prosecution as a response of speech to the except request: in narrowlyThe First Amendmentdefined circum to stances.the U.S. ConstitutionAs you know, provides the limits for to broad this protection freedom of include situations in which the speech comprises a true threat or incites imminent violence. In this case, there has not been a sufficient showing in this regard. If there are other facts pertaining to this matter that have not been included in this request, e.g., information indicating an endangerment or objectively credible threat to Turkish lives, we will gladly consider them. However, without additional information, we will
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