Turkey is a constitutional republic with an executive presidential system and a unicameral 600-seat parliament (the Grand National Assembly). In presidential and parliamentary elections in 2018, Organization for Security and Cooperation in Europe observers expressed concern regarding restrictions on media reporting and the campaign environment, including the jailing of a presidential candidate that restricted the ability of opposition candidates to compete on an equal basis and campaign freely.
The National Police and Jandarma, under the control of the Ministry of Interior, are responsible for security in urban areas and rural and border areas, respectively. The military has overall responsibility for border control and external security. Civilian authorities maintained effective control over law enforcement officials, but mechanisms to investigate and punish abuse and corruption remained inadequate. Members of the security forces committed some abuses.
Under broad antiterror legislation passed in 2018 the government continued to restrict fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended more than 60,000 police and military personnel and approximately 125,000 civil servants, dismissed one-third of the judiciary, arrested or imprisoned more than 90,000 citizens, and closed more than 1,500 nongovernmental organizations on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accused of masterminding the coup attempt and designated as the leader of the “Fethullah Terrorist Organization.”
Significant human rights issues included: reports of arbitrary killings; suspicious deaths of persons in custody; forced disappearances; torture; arbitrary arrest and continued detention of tens of thousands of persons, including opposition politicians and former members of parliament, lawyers, journalists, human rights activists, and employees of the U.S. Mission, for purported ties to “terrorist” groups or peaceful legitimate speech; the existence of political prisoners, including elected officials; politically motivated reprisal against individuals located outside the country; significant problems with judicial independence; severe restrictions on freedom of expression, the press, and the internet, including violence and threats of violence against journalists, closure of media outlets, and unjustified arrests or criminal prosecution of journalists and others for criticizing government policies or officials, censorship, site blocking and the existence of criminal libel laws; severe restriction of freedoms of assembly, association, and movement; some cases of refoulement of refugees; and violence against women and lesbian, gay, bisexual, transgender, and intersex persons and members of other minorities.
The government took limited steps to investigate, prosecute, and punish members of the security forces and other officials accused of human rights abuses; impunity remained a problem.
Clashes between security forces and the Kurdistan Workers’ Party terrorist organization and its affiliates continued, although at a reduced level compared with previous years, and resulted in the injury or death of security forces, terrorists, and civilians. The government did not release information on efforts to investigate or prosecute personnel for wrongful or inadvertent deaths of civilians linked to counterterrorist operations.
Politically Motivated Reprisal against Individuals Located Outside the Country
The government engaged in a worldwide effort to apprehend suspected members of the Gulen movement. There were credible reports that the government exerted bilateral pressure on other countries to take adverse action against specific individuals, at times without due process. According to a report by several UN special rapporteurs in May, the government reportedly coordinated with other states to transfer more forcibly than 100 Turkish nationals to Turkey since the 2016 coup attempt, of which 40 individuals were subjected to enforced disappearance. In January, Albania deported Turkish citizen Harun Celik, a teacher at a school associated with the Gulen movement, to Turkey after arresting him for traveling on false documents in 2019. Celik’s lawyer reported Celik requested asylum while detained in Albania and that Albania repatriated him to Turkey without giving him an opportunity to appeal the decision. Authorities detained Celik upon arrival in Istanbul. Turkish media hailed the repatriation as a successful operation by Turkish state intelligence. Individuals returned to the country under such circumstances usually faced legal proceedings based on their association with the Gulen movement. In September, Isa Ozer, a Turkish national who had been an elected local deputy in Dogubeyazit in eastern Anatolia for the left-wing HDP, was brought to Turkey from Ukraine in what the Turkish state press described as an intelligence operation.
There were also credible reports that the government attempted to use INTERPOL red notices to target specific individuals located outside the country, alleging ties to terrorism connected to the 2016 coup attempt or to the PKK, based on little evidence. Freedom House reported that, since the 2016 coup attempt, the country had uploaded tens of thousands of requests in INTERPOL for persons the government designated as affiliated with the Gulen movement. There were also reports that individuals faced complications related to erroneous lost or stolen passport reports the government filed against suspected Gulen movement supporters in the years directly following the coup attempt. Targeted individuals often had no clearly identified role in the attempted coup but were associated with the Gulen movement or had spoken in favor of it. The reports to INTERPOL could lead to individuals’ detention or prevent them from traveling.
In September press reported that the Diyarbakir Chief Prosecutor’s Office requested the extradition of former HDP MP and Diyarbakir mayor Osman Baydemir, who resides in the United Kingdom, as part of a terrorism investigation. Authorities also petitioned an INTERPOL red notice for Baydemir. He was previously convicted for insulting police and stripped of MP status in 2018.
The government used property seizure orders to pressure individuals living in exile abroad. In October a court seized all assets, including property and bank accounts, of exiled opposition journalist Can Dundar and declared him a fugitive after he did not attend trial proceedings for the case against him and other former Cumhuriyet journalists who reported on alleged illicit arms shipments by Turkish intelligence officers to Syria. On December 23, an Istanbul court sentenced Dundar in absentia to 27 years’ imprisonment. The court also upheld the asset seizure and began an extradition request from Germany, where Dundar resides.
The government continued to refuse to renew the passports of some citizens with temporary residency permits in other countries on political grounds, claiming they were members of “Gulenist” organizations; these individuals were unable to travel outside of their countries of residence.
f. Protection of Refugees
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and temporary and international protection status holders.
The government took steps during the year to continue services provided to the approximately four million refugees, asylum seekers, and migrants in the country, nearly 3.7 million of whom were Syrians. The Directorate General for Migration Management (DGMM) reported that the government apprehended 454,662 “irregular migrants” in 2019. The DGMM reported 201,437 of these apprehensions were Afghan nationals. The government did not provide official data on the number of “irregular migrants” deported to their countries of origin. Due to border closures caused by the COVID-19 pandemic, the government paused deportations until June 1, and deportations continued at a much lower rate throughout the year. In the first six months of the year, an estimated 34 migrants died due to drowning, traffic accidents, or exposure to the elements.
A 2016 agreement between the government and the EU continued to limit irregular migration from Turkey to Europe. In February, however, the government announced that the borders the country shares with the EU were “open,” prompting more than 50,000 refugees, asylum seekers, and migrants to move to the border areas. Some local officials provided free buses to aid refugees’ mass movement to the border, according to humanitarian organizations and rights groups. Because the borders remained closed on the Greek side, many individuals were stuck in difficult conditions, particularly on the land border with Greece near Pazarkule. Press reports asserted some Turkish border guards aided refugees in charging and dismantling border fences. Unable to cross into Greece and unable to return to their homes in Turkey, hundreds of refugees remained at the border for weeks in an unofficial encampment. On March 1, Istanbul Bar Association representatives visited Pazarkule and reported that a group of approximately 1,000 individuals, including women, children, and elderly, were in the region and experienced poor hygienic conditions, lack of medical services, and basic goods, including, food, clothes, and blankets. The bar association delegation reported that many individuals were injured by tear gas capsules.
After weeks of living in open-air temporary shelters, on March 26, Turkish authorities disbanded the encampment due to concerns regarding the spread of COVID-19. The government reported it transported migrants to dormitories in nearby cities to safely quarantine. On March 4, a man was shot and killed while trying to cross the border from Turkey to Greece amid violent clashes at the Evros border. Some NGOs reported he was shot by Greek security forces, likely by accident. On May 12, more than 100 members of the European Parliament addressed a letter to the head of the European Commission, calling for a formal investigation into the death. At least five migrants also drowned in the river near this border area.
Abuse of Migrants, Refugees, and Stateless Persons: Due to strict border control measures as well as intercity travel bans during much of the year due to COVID-19, migration into and through the country was significantly lower than in prior years; however, stricter controls increased the danger for migrants and refugees attempting to travel. For example, an estimated 50-60 migrants died after their boat sank on Lake Van in eastern Turkey. Police arrested the captain of the boat and detained eight others in relation to investigation into the deaths.
The country’s borders with Syria and Iraq remained strictly managed, with admissions only for medical, humanitarian, and family reunification cases from the border with Syria since late 2015. Of the 20 border crossing points between Syria and Turkey, five were open for limited humanitarian, commercial, and individual crossings. Since 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting refugees’ ability to obtain access to social services, including education and medical care in these areas, unless they relocate to a city where they are able to register. Large cities such as Istanbul also limited registration.
Incidents of societal violence directed against refugees and persons in refugee-like conditions increased during the year. Following the deaths of several Turkish soldiers in Syria in February, in early March increased societal violence against refugee communities was reported throughout the country, including some beatings and attacks on businesses. In July, in the western province of Bursa, four Turkish men beat to death a 17-year-old Syrian refugee in a market. Police arrested the four, who awaited trial at year’s end. Workplace exploitation, child labor, and forced early marriage also remained significant problems among refugees. Human rights groups alleged conditions in detention and removal centers sometimes limited migrants’ rights to communication with and access to family members, interpreters, and lawyers.
UNHCR reported there were LGBTI asylum seekers and conditional refugees in the country, most coming from Iran. According to human rights groups, these refugees faced discrimination and hostility from both authorities and the local population due to their status as members of the LGBTI community. Commercial sexual exploitation also remained a significant problem in the LGBTI refugee community, particularly for transgender individuals.
Refoulement: Authorities generally offered protection against refoulement to all non-European asylum seekers who met the definition of a refugee in the 1951 UN Refugee Convention, although there were some confirmed cases of refoulement, and tens of thousands of deportations took place during the year. The government continued efforts to deport those it claimed entered the country illegally, before they were granted status-determination interviews by Turkish migration authorities, particularly non-Syrians. Istanbul, along with 14 other provinces, stopped registering asylum seekers in 2018, with the exception of those in a few categories such as newborn children, some specialized medical cases, and family reunification instances. Many asylum seekers reported that in order to find work or be with their families, they either did not register or moved from the city where they had registered, neither of which is allowed under the country’s regulations. In May, Amnesty International reported the apparent forcible deportation of six Syrian men to northern Syria, where their lives and freedoms would be at serious risk.
As of November 30, UNHCR intervened in incidents of detention of 1,395 persons of various nationalities that had been brought to its attention. The majority were Syrian nationals (831 persons), Afghans (228 persons) and Iranians (173 persons). Of those known incidents of detention in which UNHCR intervened, three persons reportedly returned, against their will, to their country of origin.
In the incidents of administrative detention, of which UNHCR was made aware, the reasons for detention related to violations of provisions of the Law on Foreigners and International Protection (including but not limited to irregular stay, lack of foreigners’ identity card due to not completing the registration procedure, being in another city without authorization, working without a permit, entry ban, and rejection of request for temporary protection) or criminal acts. Authorities continued to apply the legal framework and the procedural safeguards in place for persons seeking or in need of international protection.
UNHCR typically intervened in incidents of detention when there were concerns detained individuals were unaware of or unable to access the appropriate administrative processes to raise potential protection concerns. For incidents in which UNHCR intervened where the persons were no longer in the country, it was difficult for UNHCR to reach the individual to confirm or deny claims.
Access to Asylum: The law provides for standard treatment of asylum seekers countrywide and establishes a system of protection, but it limits rights granted in the 1951 Refugee Convention to refugees from Europe and establishes restrictions on movement for conditional refugees. While non-European asylum seekers were not considered refugees by law, the government granted temporary protection status to nearly four million Syrians while maintaining conditional or subsidiary refugee status and providing international protection for other asylum seekers. Individuals recognized by the government for temporary protection (Syrians) or conditional or subsidiary refugee status (all other non-Europeans, for example, Iraqis, Iranians, and Somalis) were permitted to reside in the country temporarily until they could obtain third-country resettlement.
The law provides regulatory guidelines for foreigners’ entry into, stay in, and exit from the country, and for protection of asylum seekers. The law does not impose a strict time limit to apply for asylum, requiring only that asylum seekers do so “within a reasonable time” after arrival. The law also does not require asylum seekers to present a valid identity document to apply for status.
UNHCR reported it had intermittent and unpredictable access to detention and removal centers where non-Syrians were detained. UNHCR reported its visits to removal centers where apprehended foreigners were detained indicated the need for improvement in some areas, including access to information and legal aid by detainees as well as improved interpretation services. A 2016 agreement between the EU and Turkey allows some migrants arriving in Greece to be returned to Turkey in particular circumstances. Some observers expressed doubts that all these readmitted persons had access to the asylum procedure and echoed UNHCR’s concerns.
Freedom of Movement: Authorities assigned Syrians to one of 62 “satellite cities,” where they are expected to receive services from local authorities under the responsibility of provincial governorates. These refugees were required to check in with local authorities on either a weekly or biweekly basis and needed permission from local authorities to travel to cities other than their assigned city, including for meetings with UNHCR or resettlement-country representatives, which the government generally provided. Syrians under temporary protection were also restricted from traveling outside of provinces listed on their registration cards without permission. Syrians and non-Syrians could request permission to travel or to transfer their registration through the DGMM. Certain provinces did not accept travel permission requests or transfer of registration from Syrians under temporary protection. Syrians living in camps required permission from camp authorities to leave the camps.
Employment: The law allows both Syrians under temporary protection and non-Syrian conditional refugees the right to work, provided they were registered in the province they wish to work in for six months. Most refugees, however, did not have access to regular or skilled work, partly as a result of high unemployment rates for both refugees and Turkish nationals, which increased during the COVID-19 pandemic. In addition applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence the vast majority of both conditional refugees and Syrians under temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions. As of late 2019, only an estimated 132,000 Syrians in the country had formal work permits.
Access to Basic Services: During the year, due to changes to the Law on Foreigners under International Protection, refugees registered under international protection status (approximately 330,000 individuals) for more than one year no longer had access to subsidized medical care (other than emergency care). Individuals meeting certain conditions, such as documented chronic conditions or those older than a specific age, could apply for an exemption to be placed back under subsidized care coverage. Previously, the government provided free access to the public medical system to non-Syrian refugees registered until they began receiving international protection. Syrians registered for temporary protection (3.6 million) continued to receive free access to the public health system. The government also expanded access to education for school-age Syrian children, many of whom encountered challenges overcoming the language barrier, meeting transportation or other costs, or both.
As of September the Ministry of National Education reported that 684,919 of the school-age refugee children in the country were in school, a significant increase from prior years. An estimated 400,000 remained out of school. According to UNICEF, since 2017 more than 628,000 refugee children received monthly cash assistance for education through a joint program with UNICEF funded by international donors.
Provincial governments, working with local NGOs, were responsible for meeting the basic needs of refugees and other asylum seekers assigned to satellite cities in their jurisdictions, as well as of the Syrians present in their districts. Basic services were dependent on local officials’ interpretation of the law and their resources. Governors had significant discretion in working with asylum seekers and NGOs, and the assistance provided by local officials to refugees and persons in situations similar to those of refugees varied widely. NGO staff members reported seeing refugees asked for bribes to receive government services, and individual cases of refugees being refused health-care services.
Durable Solutions: The law does not provide for naturalization within the country for Syrians under temporary protection or for conditional refugees, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. The government granted citizenship to some Syrian refugees on a limited basis. As of September authorities had granted approximately 110,000 Syrians citizenship since 2010, according to the Ministry of Interior’s General Directorate of Population and Citizenship Affairs.
As of September 30, UNHCR in cooperation with the DGMM, observed spontaneous voluntary returns in 14 provinces of 10,917 Syrians who chose to return to Syria. In April and May, the DGMM suspended voluntary repatriation as a result of COVID-19 measures. As of the end of November, authorities referred 6,022 refugees to 14 countries for resettlement, and 3,864 refugees departed the country for resettlement. The main reasons for the decrease in resettlement are due to reduced refugee quotas and the suspension of resettlement departures in March due to the COVID-19 pandemic. As of September, however, resettlement departures resumed.
Temporary Protection: The country adopted a geographically limited understanding of the term “refugee” when it ratified the Refugee Convention and acceded to the Refugee Protocol, recognizing only Europeans as eligible for legal refugee status. In recognition of this gap, the government adopted a temporary protection regulation in 2014. The government continued to offer temporary protection to Syrian refugees who did not qualify as refugees due to the European-origin limitation in the law. According to the Syrian National Coalition and Turkish authorities, at year’s end the country was hosting under this “temporary protection” status nearly 3.6 million Syrian refugees. Authorities required Syrian asylum seekers to register with the DGMM to legalize their temporary stay in the country. In September 2019 the governate of Bursa announced that the provinces of Antalya, Aydin, Bursa, Canakkale, Duzce, Edirne, Hatay, Istanbul, Izmir, Kirklareli, Kocaeli, Mugla, Sakarya, Tekirdag, and Yalova would limit registration processing to exceptional cases and newborns. The DGMM has not made any official announcement regarding provinces stopping processing of registrations. Syrians who registered with the government were able to receive an identification card, which qualified them for assistance provided through the governorates, including free primary health care.
By the end of 2019, the DGMM had closed all but seven refugee camps, which the government called temporary accommodation centers, in five provinces. As of the end of November, there were 59,077 Syrians in the accommodation centers, a slight decline from the previous year.
Syrians who officially entered the country with passports could receive one-year residence permits upon registration with the government. In 2019 a total of 117,579 Syrians held valid residence permits; official figures for the calendar year were not available at year’s end.