- His Excellency Mr. Recep Tayyip Erdoğan, President of Republic of Turkey;
- His Excellency Mr. Hakan Fidan, Minister of Foreign Affairs, Republic of Turkey; and
- His Excellency Mr. Abdulkadir Uraloğlu, Minister of Transport and Infrastructure, Republic of Turkey
Dear Excellencies,
The European Association of Lawyers for Democracy and Human Rights, a non-profit organisation, which currently unites lawyers from 23 European countries, write to you with great urgency and profound concern regarding the continued detention of the ship CONSCIENCE at a Turkish port. As advocates for international law and human rights, we call on Your Honorable Offices to allow CONSCIENCE to immediately depart in compliance with Turkish and international laws.
Legal Compliance by CONSCIENCE
CONSCIENCE and its owners have fully complied with all legal regulations and requirements under both Turkish and international law. Most notably, they have subjected themselves to numerous inspections, abided by all restrictions, regulations, and requirements, submitted confirmation of same along with all required paperwork, and have complied with all Turkish and international laws. The ship was subject to numerous unusual hurdles and obstacles and has met all challenges to date. Despite this, they have patiently and, until now quietly, withstood numerous delays and resulting exorbitant financial costs and have even expressed their willingness to waive any claims against relevant Turkish ministries—though they have no obligation to do so. As such, there is no legal or political basis for the delay or prohibition of its departure.
Each day of delay is a sizable added expense, which may ultimately sink the ship’s efforts altogether. As such, the delay, added expense, and adverse impact on the ship and its endeavors are not losses that could be borne by them alone but would lay grounds for actionable liability.
Moreover, the continued refusal to permit the ship’s departure contradicts the principles enshrined in several international legal provisions and principles, including the United Nations Convention on the Law of the Sea (UNCLOS), which guarantees freedom of navigation. As a state party to the International Covenant on Civil and Political Rights (ICCPR), Turkey has an obligation to ensure that civil society entities are not unduly hindered, burdened, or impeded in peaceful and humanitarian missions, particularly those aligned with international legal orders such as the International Court of Justice’s (ICJ) Preliminary Orders in South Africa v. Israel and the recent ICJ Advisory Opinion on the Legality of Israeli Occupation. Both these ICJ findings underscore the responsibility of all states to undertake action to stop unlawful Israeli practices, including the siege and blockade of Gaza, as specifically articulated by the ICJ.
The ship owners and managers are not asking Turkey to take action but rather asking Turkey to stop obstructing their own, independent, fully lawful, and peaceful action—and to stop denying their basic Turkish civil rights—so they can fulfill this international duty for which they have expended hundreds of thousands of dollars. In any event, this peaceful action is in line with Turkish foreign policy.
The continued obstruction and delay of CONSCIENCE from sailing and carrying out its mission may be seen as an unlawful act of confinement and obstruction, which could result in actions against Turkey in international courts for damages caused by interfering with the ship’s humanitarian operation and in breach of Turkey’s obligations under international law.
We await your positive response to this letter and allow the swift issuance of permission for CONSCIENCE to depart.
Respectfully Yours,
Thomas Schmidt
ELDH – Co – Secretary General