Türkiye

Status: Civil Society or public discussion

In Türkiye, there exists no law or policy for the protection of human rights defenders (HRDs). However, a draft law on the recognition and protection of HRDs has been submitted in the Turkish Parliament. In the meantime, the situation of human rights defenders in the country remains dire.

President Recep Tayyip Erdoğan was re-elected in 2023, continuing his rule in Turkey since 2002. The political regime has become increasingly authoritarian and centralised in recent years, and political opponents and critics have been systematically silenced through arbitrary detention. The independence of the judiciary is highly questionable. Human rights, democracy and the rule of law are seriously undermined. Turkey remains the world’s largest host country for refugees.

As regards the human rights situation in the country, for instance, Türkiye withdrew from the Council of Europe’s Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), which is a major step backwards in the protection of women’s rights. Public discourse and freedom of expression have also been severely restricted in the country. The media is not independent or free to criticise the government, and social media is often controlled. The anti-terrorism law in Turkey is highly restrictive and is misused to silence HRDs, journalists, media workers and lawyers. In fact, 44,690 people were in prison on charges related to terrorism in 2020. There are also numerous reports of abuse of power by the country’s law enforcement agencies, including torture and enforced disappearances.

There are many cases of HRDs who being arbitrarily detained in Türkiye. The charges range from “publicly denigrating the Turkish Nation”, to “attending illegal demonstrations and marches without arms and failing to disperse despite warning”, or even collaborating with terrorist organisations. The case of Osman Kavala, a leading HRD and active member of civil society, gained international attention after he was arbitrarily detained in 2016 for alleged links to the failed coup of July 2016. He has been detained ever since. In 2019, the European Court of Human Rights (ECtHR), to which Türkiye is a state party, issued a landmark judgement ruling that Kavala’s arbitrary pre-trial detention since November 2017 and his prosecution based on his human rights work were violations of the European Convention on Human Rights, and ordered his immediate release. He was finally sentenced to life imprisonment in 2022. The Turkish authorities have never complied with this ECtHR ruling and Kavala remains imprisoned at the time of writing.

In Türkiye, there is a public debate on public policies for the protection of HRDs at the level of civil society and the decision-making. In November 2023, a member of the Turkish Parliament, Ceylan Akça Cupolo, submitted a draft for a law on the recognition and protection of HRDs to the Turkish Parliament. The proposed law aims to regulate the principles of recognition and protection of HRDs in line with existing international standards. Its content is very much in line with the principles set out in the UN Declaration on HRDs. The draft law is now before the Parliament. However, given the current political situation in Turkey, it is highly unlikely that this draft law will be enacted. At the civil society level, efforts to push for legislation to protect HRDs are extremely limited as the space for civil society continues to shrink. The pressure on human rights groups and other NGOs is illustrated by the high-profile ongoing trial of HRD Osman Kavala. Many HRDs and political dissidents have fled the country.

Türkiye is monitored by the UN Special Rapporteur on Human Rights Defenders. In a 2023 report on the situation of the specific situation of women HRDs working in conflict, post-conflict and crisis-affected settings, Mary Lawlor, the current Special Rapporteur underlined her deep concern and disappointment at the continued arbitrary detention of HRDs in Türkiye. She also condemned the extension of the sentence of Osman Kavala to life imprisonment in 2022. The country hosted a visit by the Special Rapporteur in October 2004.

Türkiye is also a member state of the Council of Europe (CoE), the regional organisation that promotes human rights, democracy and the rule of law. The CoE’s Commissioner for Human Rights addresses the hostile environment for human rights defenders in Türkiye often. For example, in March 2024, Dunja Mijatović, the former CoE Commissioner for Human Rights published a memorandum on freedom of expression and the situation of HRDs in the country, in which she warned about the rapid deterioration of the situation of HRDs in the country. It noted with concern the tightening of the repressive legal and regulatory framework, the outright closure of civil society organisations without any judicial decision or effective remedy, toxic political discourse and smear campaigns in pro-government media, and numerous criminal proceedings against HRDs, all of which contribute to enormous pressure on defenders. The European Court of Human Rights, also a Council of Europe body, has received numerous applications from HRDs alleging violations of their rights by the Turkish state, including the case of Osman Kavala v. Türkiye.

Türkiye is equally monitored through the Universal Periodic Review (UPR). The country was last reviewed in 2020. Stakeholders recommended that the Turkish authorities allow a visit by the UN Special Rapporteur on human rights. The OSCE/ODIHR noted that Turkish law enforcement authorities deliberately use “public order”, “public health” and “public morality” provisions against LGBTQIA+ HRDs. The UN High Commissioner for Human Rights noted with concern the misuse of the Anti-Terror Law to prosecute HRDs. The Committee against Torture also flagged the systematic reports of intimidation, harassment and violence against HRDs by the authorities. While Türkiye supported some recommendations made by other UN member states to protect HRDs, it only took note of many recommendations with the same purpose. Namely, proposals for judicial reforms, including the anti-terrorism law, to ensure respect for freedom of expression; recommendations to end arbitrary and prolonged detention of HRDs; and recommendations to investigate allegations of violations, intimidation and reprisals against HRDs.

CIVICUS rated Türkiye as “repressed”, which means that civic space is significantly constrained. Freedom House Index rates Türkiye as “not free”. Concerns include the consolidation of the authoritarian regime, the systematic imprisonment of political opponents and critics and the length of pre-trial detentions, among many others.

[Updated on 12/09/2024]