La situation de Me Münip Ermis devient critique, 6 jours après son arrestation

1. Dear all,
Today is the 6th day of Münip Ermiş’s unjust custody. Even his statements were taken 2 days ago,
he is not still referred to court.
We would like to inform you about his conditions and accusations.
First of all since he arrested, he is still in the police station. Even, the State does not follows the rules
of Istanbul protocols. For instance, Münip Ermiş was never taken to a hospital for health check but
the doctor is coming to the police station.
In the police station, he is staying with 6 other lawyers in a small prison, which is infeasibility for
human health. Since the day he gave his statements, the state is keeping him in the police station
but they are not taking any actions. In other terms, since his process had finished, he is held as a
hostage.
As you know according to CCPR, Article 9(3); “ anyone, arrested or detained on a criminal charge
shall be brought promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release...” The HR Committee has
stated that the purpose of the first sentence of Article 9(3) is to bring the detention of a person
charged with a criminal offence under judicial control. “A failure to do so at the begining of
someonoe’s detention, whould thus lead to a continuing violation of article 9(3), until cured”.
So, in Münip Ermiş’ case, it is obvious that now CCPR, Article 9(3) is violated cause there is no reason
to keep him in police station since he gave his statements.
The main accusation is announced to the public as being a member of FETÖ organization. Because
of the confidentiality order, since the statement protest, we could not learn the details about the
accusation and the evidences, of course we still could not see the file. While the police officers were
taken his statement, we understood that, they even do not have any serious charges. All the
questions were about “Münip Ermiş’ CV”. They asked him about his school records, his family, his
bank accounts etc. The last question made the accusation clear.
As you remember, in 2014, 4 prosecutors ordered the stopping and searching of Syria-bound trucks
which were carrying weapons to the border. And they were arrested. Münip Ermiş, participated the
domiciliary visit of one of the accused prosecutor on behalf of CHD. As we defenced before, in our
opinion, arrestment of those prosecutors were a part of State’s spoliation of evidences which makes
obvious the relation between State and ISIS. So, Münip Ermiş, - he was not a defence lawyer- just
participate the domiciliary visit as an observor on behalf of CHD. And this was the only question
which is asked to him except his CV: Why did you participate this process?
We will not again repeat the general princibles about the role of lawyers. But this time we will also
underline the current situation in Turkey. Under the name of “fighting against FETÖ”, State is trying
to dispose of all the indivisuals and structures who / which are resisting against its unlawfull
practices.
So; if Münip Ermiş, will not send to the court till 13.30 pm today, we will have some other steps.

2. 1- First of all, we will apply to the Constitutional Court and European Court of Human Right with
bill quia timet to determinate the violations which transformed to disqualification from free-
dom.
2- We will complain about Antalya Chief Public Prosecutor’s office, the committee of inspection
of the Ministry of Justice, High Council of Judges and Prosecutors, Ministry of the Interior
General Directorate of Security Affairs.
3- We will send e-mails and fax to Ministry of Justice which includes our complains and pro-
tests.
4- We will ask an appointment from the Minister of Justice.
5- All our branches will organize protests in their own cities which protest this unlawfull situa-
tion.
6- After all those attemps, if our vise president, our collegues will not release or will not send
to the court, then we will start a sit in protest in Antalya Cumhuriyet Square at 18.30 pm.
Dear all,
Now we are asking you, to support our fax / e-mail protest by sending the same text with us. Below
I am sending the text both in English and Turkish. And also the e-mail information and the fax
number.
Also, in the begining we thought that making an application to the European Court of Human Right
Court with the name of lawyers from other countries could be a strong sign of the solidarity, but
than in this short time, we thought it could be difficult to organize. When we finish the application,
we will translate and send it to all. Maybe a decleration, which says that “we are a part of this
application” or so, it could be an important message for the authorities.
Bests,
On Behalf of CHD
Şerife Ceren Uysal
Text in English:
To Minister of Justice,
The vise president of Progressive Lawyer Assosiation (ÇHD) Münip Ermiş, was taken under custody
at 8th of September with an accusation which can not be acceptable for sense and conscience under
the investigation against the “Parallel State Structure”. Since he had gave his testifies at 11th of
September, he did not still release or refered to a judicial process. The unlawfull detention process
contunie for 6 days.
Even there is no investigation action after he gave his statements, obviously keeping him in police
station means that it is arbitrary and illegal retention and every minute is just for pressure and
intimidation.
At the same time, this is the violation of the right to access a judicial process (Habeas Corpus) which
is an international princible since Magna Carta. The regulations which were made under the State
of Emergency can not make this implementation legal or it can not be legistimated. Because
announcing State of Emergency and the regulations under these conditions are all against
Constitutions and the international legal princibles.

3. We are asking you to apply the right of accesing a judicial process ((Habeas Corpus) should applied
and Münip Ermiş and all other lawyers shoul be send to the court immediatetly. Münip Ermiş who is
accused just because of his professional activities should be released immediatetly.
Other wise, your minister will also have legal and historical responsibiliy according to all these
lawlessness. 13.09.2016
Text in Turkish:
"Sayın Adalet Bakanı,
Çağdaş Hukukçular Derneği Genel Başkan Yardımcısı Avukat Münip Ermiş, 8 Eylul 2016 günü aklın ve
vicdanın kabul edemeyeceği bir suçlamayla, “Paralel Devlet Yapılanması” soruşturması kapsamında
gözaltına alındı, 11 Eylül günü Emniyet Müdürlüğünde ifade alma işlemi tamamlandığı halde bugüne
kadar serbest bırakılmadığı gibi hakim karşısına da cikarilmadı, 6 gündür hukuka aykırı gözaltı işlemi
devam ediyor.
Emniyetteki ifade işleminden sonra yapılacak hiç bir soruşturma işlemi kalmadığı halde gözaltinda
geçen her dakikanin bizi yıldırmak ve yormak amacına yönelik keyfi ve hukuk dışı bir alıkoyma olduğu
açıktır.
Bu tutum, aynı zamanda Magna Carta'dan beri evrensel hukukun en temel ilkelerinden biri olan derhal
yargıç karşısına çıkarılma (Habeas Corpus) ilkesinin de açık ihlali niteliğindedir. Hiç bir hukuki dayağı
bulunmayan OHAL ilanı ile gözaltı süresinin 30 güne kadar çıkarılabileceğini öngören OHAL KHK'si de
bu durumu hukuka uygun ve meşru kılmaz. Zira OHAL ilanı ve OHAL KHK’ leri ile getirilen
düzenlemeler Anayasaya ve hukukun evrensel ilkelerine aykırıdır.
Sayın Bakan,
Hukukun en temel ve evrensel ilkelerinden biri olan hakim karşısına çıkarılma (Habeas Corpus)
ilkesinin bir an önce uygulanmasını; Av. Münip Ermiş ve gözaltındaki diğer avukatların derhal hakim
karşısına çıkarılmasını,
Mesleki faaliyetinden ötürü hakkında soruşturma yürütülen Av. Münip Ermiş’in bir an önce serbest
bırakılmasını talep ediyoruz.
Aksi halde bu hukuksuzluklarda Bakanlığınızın da hukuki ve tarihsel sorumluluğu bulunduğunu
hatırlatırız. 13.09.2016
CONTACT INFO:
Mail: info@adalet.gov.tr
Faks: +903124193370