AAAS Human Rights Action Network

FACTS OF THE CASE:

On June 17th, 2005 Yektan Turkyilmaz, a Ph.D. candidate in Cultural Anthropology at Duke University, was arrested by authorities at Yerevan Airport in Armenia on the charge of attempting to smuggle books out of the country. Turkyilmaz was leaving Yerevan after his fourth research trip to Armenia and was scheduled to do more research in Istanbul and Paris before returning to the U.S. Mr. Turkyilmaz is currently being held by the Armenian National Security Service (still referred to as the KGB) at an undisclosed location in Yerevan. His trial has been set for August 9th, 2005.

At the time of his detention, Mr. Turkyilmaz was in Armenia conducting research on the history of Eastern Anatolia during the interwar period. During his stay, he acquired around 88 books from second-hand bookstores, the open-air market Vernissage, and as gifts. Upon boarding an airplane to leave the country after finishing his work on this trip, he was seized on suspicion of smuggling culturally valuable books and questioned on his archival work and political beliefs.

On July 21st, the prosecutor submitted his indictment to the court, charging Turkyilmaz with violating Article 215, section 2 of the Armenian Constitution, which prohibits the transportation of guns, poisons, radioactive materials, weapons of mass destruction, missile delivery systems, or "strategic raw materials or cultural values" without prior permission. Turkyilmaz claims not to have known that it is illegal to take books over 50 years old out of the country without permission. According to Turkyilmaz's lawyer, seven of the 88 books are considered by the authorities to fall under the regulations.

During the first week of his detention, Turkyilmaz was questioned on his research and theoretical orientations. Digital copies of his archival research that he had with him, as well as copies of the digital material that he had left with friends in Armenia, have been confiscated. He has not been permitted to write or receive letters or make phone calls, and his only contact with the outside world has been through occasional meetings with his lawyer and one meeting with a colleague and friend.

Yektan Turkyilmaz was the first Turkish scholar to ask for and receive access to the Armenian National Archives, where he did research in May and June 2005. He is one of the few Turkish scholars who has critically examined the events of 1915 and Armenian claims of genocide, and other instances of political violence in the formation of Turkish Eastern Anatolia. As a speaker of Turkish, Kurdish, Armenian, and English, with reading knowledge of Ottoman Turkish and French, he is uniquely situated to provide insight into the history of what is today eastern Turkey. Observers of this region worry that this arrest will strain the already tense relationship between Armenia and Turkey and that this sends a negative signal that Armenia does not encourage independent scholarly research into its history.

(Sources of information for this case include: Associated Press, Social Science Resource Council, Middle East Studies Association, Personal correspondence with Turkyilmaz's sister, advisor, and other colleagues)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• 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. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

Universal Declaration of Human Rights

• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.
• Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his [or her] rights and obligations and of any criminal charge against him [or her].

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing grave concern about the current condition and whereabouts of Yektan Turkyilmaz;
• Calling on Armenian and Turkish officials to act to ensure that Mr. Turkyilmaz is treated fairly and provided all legal rights due him; and
• Requesting the immediate release of Yektan Turkyilmaz and a return of his digital research material so that he can continue his scholarly activities.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Robert Kocharian
President of the Republic of Armenia
Fax: 011-37410-521581
president@president.am
Salutation: Your Excellency

Tatoul Markarian
Ambassador of the Republic of Armenia to the United States
2225 R Street, N.W.
Washington, D.C. 20008
Fax: 202-319-2982
armecon@speakeasy.net
Salutation: Your Excellency

COPIES SENT TO:

Ayse Gul Altinay
Assistant Professor of Cultural Anthropology
Sabanci University
altinay@sabanciuniv.edu
Salutation: Professor Altinay

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.