E/CN.4/2006/5/Add.1 Page 76 Turkey Communication sent on 22 June 2005 with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on torture 355. The Special Rapporteurs brought to the attention of the Government the situation of Mr. Mehmet Tarhan who was arrested on 8 April 2005, early in the morning, and brought to a military unit in Tokat, and later transferred to the military prison in Sivas. A declared conscientious objector to compulsory military service, Mehmet Tarhan was charged under Article 88 Turkish Military Penal Code for insubordination. In the Sivas Military Prison, according to his lawyer, he faced threats and abuse by fellow detainees without any intervention on his behalf of the prison staff. On his arrival, staff sergeant Mustafa Selvi threatened Mehmet Tarhan with transfer to "Common Cell No. 2", where the "wildest" prisoners are imprisoned. Later, he was ordered to enter a darkened "Common Cell No. 1" where the inmates threatened him with death for being a traitor and beat him and pulled his hair. He was later transferred to a single cell, where he continued to be subject to threats, beatings, and demands for money and clothes from fellow prisoners. He sustained injuries to his lips, bruises to his chin, neck, body, knee, legs and feet. As a result of his injuries he has experienced breathing pains, hair loss, and difficulty standing. Despite informing the prison staff, they did not prevent further attacks, but rather encouraged other prisoners to beat him. Following the requests from his lawyer, the prison authorities recorded his abuse and undertook to ensure his safety. However no information was available concerning any investigations carried out. Mehmet Tarhan had reportedly gone on a hunger strike to protest his treatment in detention. Response from the Government dated 7 October 2005 356. The Government indicated that Mr. Mehmet Tarhan was being sought for failing to report for military service when he was caught on 10 April 2004 in Izmir. Later he was transferred to Menderes Recruitment Office in Izmir and then to his military unit where he did not obey the instructions given to him, declaring his refusal to perform military service on grounds of conscientious objection. He was transferred to Military Prison after he was arrested on 11 April 2005. His lawyers lodged complaints with the Military Prosecution Office on 3 May, 25 May and 6 June 2005, alleging ill-treatment in prison. 357. Mehmet Tarhan was released on 9 June 2005 during his trial on the charge of insubordination to avoid military service under Article 88 of Military Penal Code. However, he committed the same offence after his release and was returned to the military unit he was assigned to. A second investigation was commenced against Mehmet Tarhan who was later arrested upon the Court’s ruling. The Military Court convicted him on both insubordination charges and sentenced him to a total of 4 years imprisonment and also ruled on the continuation of his arrest at the hearing held on 10 August 2005 for both cases. 358. His lawyers have submitted a petition for extension of time to appeal against the Court’s ruling which is at the stage of being notified to the parties.