Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were credible allegations that the government contributed to civilian deaths in connection with its fight against the terrorist Kurdistan Workers’ Party (PKK) organization in the southeast, although at a markedly reduced level compared with previous years (see section 1.g.). The PKK continued to target civilians in its attacks; the government continued to work to block such attacks. The law authorizes the Ombudsman Institution, the National Human Rights and Equality Institution, prosecutors’ offices, criminal courts, and parliament’s Human Rights Commission to investigate reports of security force killings, torture, or mistreatment, excessive use of force, and other abuses. Civil courts, however, remained the main recourse to prevent impunity.
According to the International Crisis Group, from January 1 to December 10, a total of 35 civilians, 41 security force members, and 235 PKK militants were killed in eastern and southeastern provinces in PKK-related clashes. Human rights groups stated the government took insufficient measures to protect civilian lives in its fight with the PKK.
The PKK continued its nationwide campaign of attacks on government security forces and, in some cases, civilians. For example, on May 14, PKK terrorists attacked aid workers in Van, killing two and injuring one. On June 18, PKK terrorists reportedly attacked a truck carrying fuel for roadwork in Sirnak province by planting an improvised explosive device (IED). The IED explosion killed four truck passengers.
There were credible reports that the country’s military operations outside its borders led to the deaths of civilians. On June 25, a Turkish air strike against the Kurdistan Free Life Party terrorist group reportedly wounded at least six civilians in Iraq. On June 19, Turkish air strikes against PKK targets killed three civilians in the same region of Iraq, according to Human Rights Watch.
Eyewitnesses, a local human rights monitor, and local media reported that an attack carried out by Turkish forces or Turkish-supported Syrian opposition groups on October 16 struck a rural area killing a young boy and injuring others in Ain Issa, Syria; the circumstances of this event are in dispute. Official Turkish government sources reported responding to enemy fire on the date in question and in the area that corresponds with this event, with four to six People’s Protection Units (YPG) fighters reportedly “neutralized,” a term Turkish authorities use to mean killed, captured, or otherwise removed from the battlefield. The government of Turkey considers the YPG the Syrian branch of the United States-designated foreign terrorist organization the PKK. According to media, YPG forces have also reportedly fired on Turkish and TSO forces following Turkey’s October 2019 incursion into northeast Syria and in November and December 2020, including near civilian infrastructure.
Following the launch of the Turkish armed forces’ offensive in northern Syria in October 2019 the UN Office of the High Commissioner for Human Rights, Amnesty International, and Human Rights Watch continued to report claims from local and regional human rights activists and media organizations that Turkish-supported Syrian opposition groups committed human rights abuses, reportedly targeting Kurdish and Yezidi residents and other civilians, including arbitrary arrests and enforced disappearance of civilians; torture and sexual violence; forced evacuations from homes; looting and property seizures in areas under Turkish control; transfer of detained civilians across the border into Turkey; restricting water supplies to civilian populations; recruitment of child soldiers; and looting and desecrating religious shrines. Reports by the UN Commission of Inquiry into Syria similarly suggested that Turkish-supported opposition groups may have been responsible for attacks against civilians (for more information, see the Syria section of Department of State Country Reports on Human Rights). The government rejected these reports as flawed and biased, including by an October 6 note verbale to the UN high commissioner for human rights, but acknowledged the need for investigations and accountability related to such reports. The government relayed that the Turkish-supported Syrian National Army had established mechanisms for investigation and discipline in 2019. The government claimed the military took care to avoid civilian casualties throughout the operation.
According to the Baran Tursun Foundation, an organization that monitors police brutality, police have killed 403 individuals for disobeying stop warnings since 2007. According to the report, 93 were children. In April police shot and killed a 19-year-old Syrian refugee who ran from an enforcement stop connected with anti-COVID-19 measures that at the time prohibited minors younger than age 20 from leaving their residences. On May 28, a police officer involved in the shooting was arrested for the killing. Human rights groups documented several suspicious deaths of detainees in official custody, although reported numbers varied among organizations. In November the Human Rights Foundation of Turkey (HRFT) reported 49 deaths in prison related to illness, violence, or other causes. Of these 15 were allegedly due to suicide. In August a 44-year-old man convicted of having ties to the Gulen movement died in a quarantine cell in Gumushane Prison after displaying COVID-19 symptoms. Press reports alleged the prisoner had requested medical treatment multiple times, but the prison failed to provide it. Peoples’ Democratic Party (HDP) Member of Parliament (MP) Omer Faruk Gergerlioglu called on the Ministry of Justice to investigate the case.
By law National Intelligence Organization (MIT) members are immune from prosecution as are security officials involved in fighting terror, making it harder for prosecutors to investigate extrajudicial killings and other human rights abuses by requiring that they obtain permission from both military and civilian leadership prior to pursuing prosecution.
Domestic and international human rights groups reported disappearances during the year that they alleged were politically motivated.
In February the Ankara Bar Association filed a complaint with the Ankara prosecutor on behalf of seven men reportedly “disappeared” by the government, who surfaced in police custody in 2019. One of the men, Gokhan Turkmen, a civil servant dismissed under state of emergency powers following the 2016 coup attempt, alleged in a pretrial hearing that intelligence officials visited him in prison, threatened him and his family, and urged him to retract his allegations that he was abducted and tortured while in custody. In April the Ankara prosecutor declined to investigate Turkmen’s complaints. Six of the seven men were in pretrial detention on terrorism charges at year’s end. The whereabouts of the seventh were unknown.
In May former HDP MP Tuma Celik asserted that the disappearance of an Assyrian Chaldean Catholic couple in the village of Kovankaya (Syriac: Mehri), reported missing since January, was “a kidnapping carried out with the ones who lean on the state or groups within the state,” likely alluding to nonstate armed groups aligned with the government. Others, including witnesses on the scene, asserted that the PKK was responsible. The husband, Hurmuz Diril, remained missing at year’s end, while in March relatives found the dead body of the wife, Simoni Diril, in a river near the village.
The government declined to provide information on efforts to prevent, investigate, and punish such acts.
The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment, but domestic and international rights groups reported that some police officers, prison authorities, and military and intelligence units employed these practices. Domestic human rights organizations, the Ankara Bar Association, political opposition figures, international human rights groups, and others reported that government agents engaged in threats, mistreatment, and possible torture of some persons while in custody. Human rights groups asserted that individuals with alleged affiliation with the PKK or the Gulen movement were more likely to be subjected to mistreatment or abuse.
In June, Emre Soylu, an adviser to ruling alliance member Nationalist Movement Party (MHP) Mersin MP Olcay Kilavuz, shared photos on his Twitter account showing a man allegedly being tortured by police at the Diyarbakir Antiterror Branch. A short video shared widely on social media included the screams of a man at the same facility in Diyarbakir. Kurdish politicians and civil society organizations, including the Human Rights Association of Turkey (HRA), condemned the incident and called on authorities to investigate.
In July, Human Rights Watch reported there was credible evidence that police and community night watchmen (bekcis) committed serious abuses against at least 14 persons, including violent arrests and beatings, in six incidents in Diyarbakir and Istanbul from May through July. In four of the cases, authorities refuted the allegations and failed to commit to investigate. In one case on June 26, masked police allegedly raided former mayor and HDP member Sevil Cetin’s home in Diyarbakir city, setting attack dogs on her while beating her. On June 28, the Diyarbakir Governor’s Office released a statement refuting the allegations and stating authorities did not intend to investigate.
In September news reports claimed that Jandarma forces apprehended, detained for two days, tortured, and threw out of a helicopter two farmers in Van province as part of an anti-PKK operation. One of the men died from his injuries. The Van Governor’s Office denied the allegations and stated that the injuries resulted from of the men falling in a rocky area while trying to escape from the officers. A court approved a ban on all news reports on the case, as requested by the Van Prosecutor’s Office. On November 27, Minister of Interior Suleyman Soylu stated one of the villagers, Osman Siban, was aiding PKK terrorists and that authorities therefore apprehended him.
In 2019 public reports alleged that as many as 100 persons, including former members of the Ministry of Foreign Affairs dismissed under the 2016-18 state of emergency decrees due to suspected ties to the Gulen movement, were mistreated or tortured while in police custody. The Ankara Bar Association released a report that detailed its interviews with alleged victims. Of the six detainees the association interviewed, five reported police authorities tortured them. In August the Ankara Prosecution Office decided not to pursue prosecution based on the allegations, citing insufficient evidence.
Reports from human rights groups indicated that police abused detainees outside police station premises and that mistreatment and alleged torture was more prevalent in some police facilities in parts of the southeast. The HRA reported receiving complaints from 573 individuals alleging they were subjected to torture and other forms of mistreatment while in custody or at extracustodial locations from January through November. The HRA reported that intimidation and shaming of detainees by police were common and that victims hesitated to report police abuse due to fear of reprisal. In June, responding to a parliamentary inquiry, the minister of interior reported the ministry had received 396 complaints of torture and maltreatment since October 2019. Opposition Republican People’s Party (CHP) human rights reports alleged that from May to August, 223 individuals reported torture or inhuman treatment.
The government asserted it followed a “zero tolerance” policy for torture and has abolished statute of limitations for cases of torture. On August 5, the Council of Europe released two reports on visits to the country by its Committee for the Prevention of Torture’s (CPT) in 2017 and 2019. The 2019 report stated that the delegation received “a considerable number of allegations of excessive use of force or physical ill-treatment by police and gendarmerie officers from persons who had recently been taken into custody (including women and juveniles). The allegations consisted mainly of slaps, kicks, punches (including to the head and face), and truncheon blows after the persons concerned had been handcuffed or otherwise brought under control.” The CPT noted, “A significant proportion of the allegations related to beatings during transport or inside law enforcement establishments, apparently with the aim of securing confessions or obtaining other information, or as a punishment. Further, numerous detained persons claimed to have been subjected to threats, and/or severe verbal abuse.” The CPT found that the severity of alleged police mistreatment diminished in 2019 compared with the findings of the 2017 CPT visit, although the frequency of the allegations remained worrying.
In its World Report 2020, Human Rights Watch stated: “A rise in allegations of torture, ill-treatment and cruel and inhuman or degrading treatment in police custody and prison over the past four years has set back Turkey’s earlier progress in this area. Those targeted include Kurds, leftists, and alleged followers of Fethullah Gulen. Prosecutors do not conduct meaningful investigations into such allegations and there is a pervasive culture of impunity for members of the security forces and public officials implicated.” According to Ministry of Justice 2019 statistics, the government opened 2,767 investigations into allegations of torture and mistreatment. Of those, 1,372 resulted in no action being taken by prosecutors, 933 resulted in criminal cases, and 462 in other decisions. The government did not release data on its investigations into alleged torture.
Some military conscripts reportedly endured severe hazing, physical abuse, and torture that sometimes resulted in death or suicide. Human rights groups reported that suspicious deaths in the military were widespread. The government did not systematically investigate them or release data. The HRA and HRFT reported at least 18 deaths as suspicious during the year. In September a Kurdish soldier serving in Edirne reported being beaten by other soldiers because of his ethnic identity. Turkish Land Forces Command opened an investigation into the incident.
The government did not release information on its efforts to address abuse through disciplinary action and training.
Prisons generally met standards for physical conditions (i.e., infrastructure and basic equipment), but significant problems with overcrowding resulted in conditions in many prisons that the CPT found could be considered inhuman and degrading. While detention facilities were generally in a good state of repair and well ventilated, many facilities had structural deficiencies that made them unsuitable for detention lasting more than a few days.
Physical Conditions: Prison overcrowding remained a significant problem. CPT reports from 2017 and 2019 stated, “The problem of prison overcrowding remained acute, and the steady increase in the size of the prison population already observed in the mid-2000s continued.” According to the Ministry of Justice, as of July, the country had 355 prisons with a capacity for 233,194 inmates and an estimated total inmate population of 281,000, prior to the ministry’s granting of COVID-19 amnesty for 90,000 prisoners.
In April, Minister of Justice Gul announced that three prisoners had died of COVID-19. The same month, to alleviate conditions in prisons due to the pandemic, parliament approved a bill to modify the sentences of 90,000 prisoners by allowing for their release, including those convicted of organized crime and attempted murder. The bill did not include any provisions for persons held under provisional or pretrial detention and explicitly excluded anyone convicted under antiterror charges, including journalists, lawyers, and human rights defenders. The Ministry of Justice has not released updated figures on prisoner deaths due to COVID-19 since April.
If separate prison facilities for minors were not available, minors were held in separate sections within separate male and female adult prisons. Children younger than six were allowed to stay with their incarcerated mothers. The HRA estimated that as of December, 300 children were being held with their mothers. HRA noted that authorities released many mothers and children as a result of the COVID-19 amnesty. Pretrial detainees were held in the same facilities as convicted prisoners.
The government did not release data on inmate deaths due to physical conditions or actions of staff members. The HRA reported that 49 inmates died in prison from January to November. The HRA noted that prisoners were unlikely to report health issues and seek medical care since a positive COVID-19 result would lead to a two-week quarantine in solitary confinement. Human rights organizations and CPT reports asserted that prisoners frequently lacked adequate access to potable water, proper heating, ventilation, lighting, food, and health services. Human rights organizations also noted that prison overcrowding and poor sanitary conditions exacerbated the health risks for prisoners from the COVID-19 pandemic. Civil Society in the Penal System Association reported that prison facilities did not allow for sufficient social distancing due to overcrowding and did not provide cleaning and disinfection services on a regular basis. Prisons also did not provide disinfectant, gloves, or masks to prisoners, but instead sold them at commissaries.
The Ministry of Justice’s Prison and Correctional Facilities official reported to parliament that, as of October, more than 1,900 health workers were serving the prison population. Of the health workers, there were seven medical doctors, 144 dentists, 84 nurses, and 853 psychologists. Human rights associations expressed serious concern regarding the inadequate provision of health care to prisoners, particularly the insufficient number of prison doctors. According to HRA statistics, in September there were 1,605 sick prisoners in the country’s prisons, 604 of whom were in serious condition.
Reports by human rights organizations suggested that some doctors would not sign their names to medical reports alleging torture due to fear of reprisal. As a result victims were often unable to get medical documentation that would help prove their claims.
In December, Amnesty International reported that prison guards in Diyarbakir severely beat prisoner Mehmet Siddik Mese, but the prison doctor stated that the prisoner was not beaten in the official report. Mese did not receive an independent medical examination. The prosecutor decided not to prosecute the suspected perpetrators based on the prison doctor’s report.
Chief prosecutors have discretion, particularly under the wide-ranging counterterrorism law, to keep prisoners whom they deem dangerous to public security in pretrial detention, regardless of medical reports documenting serious illness.
Administration: Authorities at times investigated credible allegations of abuse and inhuman or degrading conditions but generally did not document the results of such investigations in a publicly accessible manner or disclose publicly whether actions were taken to hold perpetrators accountable. Some human rights activists and lawyers reported that prisoners and detainees were sometimes arbitrarily denied access to family members and lawyers.
Independent Monitoring: The government allowed prison visits by some observers, including parliamentarians. The Ministry of Interior reported that under the law prisons were to be monitored by domestic government entities including the Human Rights and Equality Institution of Turkey and the Parliamentary Commission for Investigating Human Rights. International monitors included the CPT, the Council of Europe Commissioner for Human Rights, and the UN Working Group on Arbitrary Detention.
HDP MP Omer Faruk Gergerlioglu stated that in response to his June inquiry, the Parliamentary Commission for Investigating Human Rights reported it had received 3,363 reports of human rights violations from detainees and prisoners since June 2018 but found no violations in any of the cases.
The government did not allow nongovernmental organizations (NGOs) to monitor prisons. In October, HRA Balikesir chairman Rafet Fahri Semizoglu was detained under charges stemming from his visits to prisons. The Civil Society Association in the Penal System published periodic reports on prison conditions based on information provided by parliamentarians, correspondence with inmates, lawyers, inmates’ family members, and press reports.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, but numerous credible reports indicated the government did not always observe these requirements.
Human rights groups noted that, following the 2016 coup attempt, authorities continued to detain, arrest, and try hundreds of thousands of individuals for alleged ties to the Gulen movement or the PKK, often with questionable evidentiary standards and without the full due process provided for under law (see section 2.a.).
On the four-year anniversary of the 2016 coup attempt in July, the government announced that authorities had opened legal proceedings against 597,783 individuals, detained 282,790, and arrested 94,975 since the coup attempt on grounds of alleged affiliation or connection with the Gulen movement. During the year the government started legal proceedings against 39,719 individuals, detained 21,000, and arrested 3,688. In July the Ministry of Justice reported that the government had conducted nearly 100,000 operations targeting Gulenists since the coup attempt. The government reportedly detained and investigated a majority of the individuals for alleged terror-related crimes, including membership in and propagandizing for the Gulen movement or the PKK. Domestic and international legal and human rights experts questioned the quality of evidence presented by prosecutors in such cases, criticized the judicial process, asserted that the judiciary lacked impartiality, and that defendants were sometimes denied access to the evidence underlying the accusations against them (see section 1.e., Trial Procedures).
The courts in some cases applied the law unevenly, with legal critics and rights activists asserting court and prosecutor decisions were sometimes subject to executive interference. In January an Ankara court of appeals reversed a lower court ruling for life imprisonment of a former three-star general, Metin Iyidil, accused of participation in the coup attempt. Two days after Iyidil’s release, another court reordered his detention. After President Erdogan publicly criticized the Ankara appeals court decision to acquit, the court ruled for Iyidil to be rearrested. The Council of Judges and Prosecutors opened an investigation into the acquittal decision, suspending the three judges who ruled for acquittal from their posts.
The law requires that prosecutors issue warrants for arrests, unless the suspect is detained while committing a crime. The period for arraignment may be extended for up to four days. Formal arrest is a measure, separate from detention, which means a suspect is to be held in jail until and unless released by a subsequent court order. For crimes that carry potential prison sentences of fewer than three years’ imprisonment, a judge may release the accused after arraignment upon receipt of an appropriate assurance, such as bail. For more serious crimes, the judge may either release the defendant on his or her own recognizance or hold the defendant in custody (arrest) prior to trial if there are specific facts indicating the suspect may flee, attempt to destroy evidence, or attempt to pressure or tamper with witnesses or victims. Judges often kept suspects in pretrial detention without articulating a clear justification for doing so.
While the law generally provides detainees the right to immediate access to an attorney, it allows prosecutors to deny such access for up to 24 hours. In criminal cases the law also requires that the government provide indigent detainees with a public attorney if they request one. In cases where the potential prison sentence for conviction is more than five years’ imprisonment or where the defendant is a child or a person with disabilities, a defense attorney is appointed, even absent a request from the defendant. Human rights observers noted that in most cases authorities provided an attorney if a defendant could not afford one.
Under antiterror legislation adopted in 2018, the government may detain without charge (or appearance before a judge) a suspect for 48 hours for “individual” offenses and 96 hours for “collective” offenses. These periods may be extended twice with the approval of a judge, amounting to six days for “individual” and 12 days for “collective” offenses. Human rights organizations raised concerns that police authority to hold individuals for up to 12 days without charge increased the risk of mistreatment and torture. According to a statement by Minister of Justice Gul, 48,752 persons were in pretrial detention in the country as of July.
The law gives prosecutors the right to suspend lawyer-client privilege and to observe and record conversations between accused persons and their legal counsel. Bar associations reported that detainees occasionally had difficulty gaining immediate access to lawyers, both because government decrees restricted lawyers’ access to detainees and prisons–especially for those attorneys not appointed by the state–and because many lawyers were reluctant to defend individuals the government accused of ties to the 2016 coup attempt. Human rights organizations reported the 24-hour attorney access restriction was arbitrarily applied and that in terrorism-related cases, authorities often did not inform defense attorneys of the details of detentions within the first 24 hours, as stipulated by law. In such cases rights organizations and lawyers groups reported attorneys’ access to the case files for their clients was limited for weeks or months pending preparations of indictments, hampering their ability to defend their clients.
Some lawyers stated they were hesitant to take cases, particularly those of suspects accused of PKK or Gulen movement ties, because of fear of government reprisal, including prosecution. Government intimidation of defense lawyers also at times involved nonterror cases. The international NGO Freedom House in its 2020 Freedom in the World report stated, “In many cases, lawyers defending those accused of terrorism offenses were arrested themselves.” According to human rights organizations, since 2016 authorities prosecuted more than 1,500 lawyers, arrested 605, and sentenced 441 to lengthy prison terms on terrorism-related charges. Of the arrested lawyers, 14 were presidents of provincial bar associations. This practice disproportionately affected access to legal representation in the southeast, where accusations of affiliation with the PKK were frequent and the ratio of lawyers to citizens was low. In a September speech, the president suggested that lawyers who are “intimate” with terrorist organizations should be disbarred.
Arbitrary Arrest: Although the law prohibits holding a suspect arbitrarily or secretly, there were numerous reports that the government did not observe these prohibitions. Human rights groups alleged that in areas under curfew or in “special security zones,” security forces detained citizens without official record, leaving detainees at greater risk of arbitrary abuse.
In September the HDP released a statement detailing allegations that police kidnapped, physically assaulted, and later released six HDP youth assembly members in separate incidents in Diyarbakir, Istanbul, and Agri province. The HDP also stated that on May 4 police abducted HDP assembly member Hatice Busra Kuyun in Van province, forced her into a car, and threatened her. Police released Kuyun on the same day.
Pretrial Detention: The maximum time an arrestee can be held pending trial with an indictment is seven years, including for crimes against the security of the state, national defense, constitutional order, state secrets and espionage, organized crime, and terrorism-related offenses. Pretrial detention during the investigation phase of a case (before an indictment) is limited to six months for cases that do not fall under the purview of the heavy criminal court–referred to by the International Criminal Police Organization (INTERPOL) as the central criminal court–and one year for cases that fall under the heavy criminal court. The length of pretrial detention generally did not exceed the maximum sentence for the alleged crimes. For other major criminal offenses tried by high criminal courts, the maximum detention period remained two years with the possibility of three one-year extensions, for a total of five years.
For terror-related cases, the maximum period of pretrial detention during the investigation phase is 18 months, with the possibility of a six-month extension.
Rule of law advocates noted that broad use of pretrial detention had become a form of summary punishment, particularly in cases that involved politically motivated terrorism charges.
The trial system does not provide for a speedy trial, and trial hearings were often months apart, despite provisions in the code of criminal procedure for continuous trial. Trials sometimes began years after indictment, and appeals could take years more to reach conclusion.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees’ lawyers may appeal pretrial detention, although antiterror legislation imposed limits on their ability to do so. The country’s judicial process allows a system of lateral appeals to criminal courts of peace for arrest, release, judicial control, and travel ban decisions that substitutes appeal to a higher court with appeal to a lateral court. Lawyers criticized the approach, which rendered ambiguous the authority of conflicting rulings by horizontally equal courts. In addition since 2016 sentences of less than five years’ imprisonment issued by regional appellate courts were final and could not be appealed. Since 2019 the law provides for defendants in certain types of insult cases or speech-related cases to appeal to a higher court.
Detainees awaiting or undergoing trial prior to the 2016-18 state of emergency had the right to a review in person with a lawyer before a judge every 30 days to determine if they should be released pending trial. Under a law passed in 2018, in-person review occurs once every 90 days with the 30-day reviews replaced by a judge’s evaluation of the case file only. Bar associations noted this element of the law was contrary to the principle of habeas corpus and increased the risk of abuse, since the detainee would not be seen by a judge on a periodic basis.
In cases of alleged human rights violations, detainees have the right to apply directly to the Constitutional Court for redress while their criminal cases are proceeding. Nevertheless, a backlog of cases at the Constitutional Court slowed proceedings, preventing expeditious redress.
The Office of the UN High Commissioner for Refugees (UNHCR) noted that detention center conditions varied and were often challenging due to limited physical capacity and increased referrals. Refugee-focused human rights groups alleged authorities prevented migrants placed in detention and return centers from communicating with the outside world, including their family members and lawyers, creating the potential for refoulement as migrants accept repatriation to avoid indefinite detention.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but there were indications the judiciary remained subject to influence, particularly from the executive branch.
The executive branch exerts strong influence over the Board of Judges and Prosecutors (HSK), the judicial body that assigns and reassigns judges and prosecutors to the country’s courts nationwide and is responsible for their discipline. Out of 13 total judges on the board, the president directly appoints six: The executive branch and parliament appoint 11 members (seven by parliament and four by the president) every four years; the other two members are the presidentially appointed justice minister and deputy justice minister. The ruling party controlled both the executive and the parliament when the existing members were appointed in 2017. Although the constitution provides tenure for judges, the HSK controls the careers of judges and prosecutors through appointments, transfers, promotions, expulsions, and reprimands. Broad leeway granted to prosecutors and judges challenges the requirement to remain impartial, and judges’ inclination to give precedence to the state’s interests contributed to inconsistent application of laws. Bar associations, lawyers, and scholars expressed concern regarding application procedures for prosecutors and judges described as highly subjective, which they warned opened the door to political litmus tests in the hiring process.
The judiciary faced a number of problems that limited judicial independence, including intimidation and reassignment of judges and allegations of interference by the executive branch. Following the 2016 coup attempt, the government suspended, detained, or fired nearly one-third of the judiciary accused of affiliation with the Gulen movement. The government in the intervening years filled the vacancies, but the judiciary continued to experience the effects of the purges. A Reuters international news organization analysis of Ministry of Justice data showed that at least 45 percent of the country’s prosecutors and judges have three years of legal professional experience or less.
Observers raised concerns that the outcome of some trials appeared predetermined or pointed to judicial interference. In February an Istanbul court ruled to acquit philanthropist Osman Kavala and eight others on charges of attempting to use the 2013 Gezi Park protests to overthrow the state. Kavala, the founder of Anadolu Kultur, an organization dedicated to cross-cultural and religious dialogue, had been in pretrial detention since 2017. The presiding judge permitted Kavala’s lawyer to argue on his client’s behalf but refused to allow any other defendant’s lawyers to do likewise. Without pausing for deliberation following final statements from the defendants, the presiding judge produced a paper that appeared to have the verdict already written. The court acquitted Kavala of the charges and ordered him released immediately, but authorities detained Kavala the same day upon exit from prison on new charges of espionage and attempting to overthrow the state order in connection with the 2016 failed coup. In March authorities issued an order of arrest for Kavala while he was in detention. In October prosecutors filed a new indictment against Kavala seeking three aggravated life sentences for espionage and renewed charges of “attempting to overthrow the constitutional order” and organizing the Gezi Park protests and supporting the Gulen movement. In December the Constitutional Court found that the government did not violate Kavala’s rights when he was re-arrested following acquittal in February. Kavala remained in detention at year’s end.
The government also targeted some defense attorneys representing a number of high-profile clients. In September authorities issued detention orders for 48 lawyers and seven legal trainees in Ankara on charges related to terrorism due to alleged links to the Gulen movement. Prominent bar associations, including those of Ankara, Istanbul, Izmir, and Gaziantep, condemned the arrests and reported that investigators’ questions to the lawyers, as well as presented evidence, were related to their professional activities.
The country has an inquisitorial criminal justice system. The system for educating and assigning judges and prosecutors fosters close connections between the two groups, which some legal experts claimed encouraged impropriety and unfairness in criminal cases.
There are no military courts, and military justice is reserved for disciplinary action, not criminal cases.
Lower courts at times ignored or significantly delayed implementation of decisions reached by the Constitutional Court. The government rarely implemented European Court of Human Rights (ECHR) decisions, despite the country’s obligation to do so as a member of the Council of Europe.
The government acknowledged problems in the judicial sector, and in 2019 parliament passed a Judicial Reform Strategy for 2019-23 reportedly designed to protect legal rights and freedoms and strengthen the independence of the judiciary while fostering more transparency, efficiency, and uniformity in legal procedures. Human rights groups criticized the strategy for focusing on cosmetic rather than structural changes; lacking a clear implementation plan, including timeline; failing to identify responsible government bodies and budget; and failing to address judicial independence concerns. Under the strategy the parliament in July adopted a legislative package amending trial procedures to streamline civil case processing and expanding use of arbitration and the scope of cases where trials may be closed to the public. Human rights organizations noted the effort to reduce trial durations was positive but voiced concern that the law may reduce trial transparency.
The constitution provides for the right to a fair public trial, although bar associations and rights groups asserted that increasing executive interference with the judiciary and actions taken by the government through state of emergency provisions jeopardized this right.
The law provides defendants a presumption of innocence and the right to be present at their trials, although in a number of high-profile cases, defendants increasingly appeared via video link from prison, rather than in person. Judges may restrict defense lawyers’ access to their clients’ court files for a specific catalogue of crimes (including crimes against state security, organized crime, and sexual assault against children) until the client is indicted.
A single judge or a panel of judges decides all cases. Courtroom proceedings were generally public except for cases involving minors as defendants. The state increasingly used a clause allowing closed courtrooms for hearings and trials related to security matters, such as those related to “crimes against the state.” Court files, which contain indictments, case summaries, judgments, and other court pleadings, were closed except to the parties to a case, making it difficult for the public, including journalists and watchdog groups, to obtain information on the progress or results of a case. In some politically sensitive cases, judges restricted access to Turkish lawyers only, limiting the ability of domestic or international groups to observe some trials.
Defendants have the right to be present at trial and to consult an attorney of their choice in a timely manner, although legal advocates have asserted the government coerced defendants to choose government-appointed lawyers. Observers and human rights groups noted that in some high-profile cases, these rights were not afforded to defendants. Individuals from the southeast were increasingly held in prisons or detention centers far from the location of the alleged crime and appeared at their hearing via video link systems. Some human rights organizations reported that hearings sometimes continued in the defendant’s absence when video links purportedly failed.
Defendants have the right to legal representation in criminal cases and, if indigent, to have representation provided at public expense. Defendants or their attorneys could question witnesses for the prosecution, although questions must usually be presented to the judges, who are expected to ask the questions on behalf of counsel. Defendants or their attorneys could, within limits, present witnesses and evidence on their own behalf. Defendants have the right not to testify or confess guilt and the right to appeal. The law provides for court-provided language interpretation when needed. Human rights groups alleged interpretation was not always provided free of charge, leaving some poor, non-Turkish-speaking defendants disadvantaged by the need to pay for interpretation.
Observers noted the prosecutors and courts often failed to establish evidence to sustain indictments and convictions in cases related to supporting terrorism, highlighting concerns regarding respect for due process and adherence to credible evidentiary thresholds. In numerous cases authorities used secret evidence or witnesses to which defense attorneys and the accused had no access or ability to cross-examine and challenge in court, particularly in cases related to national security. The government occasionally refused to acknowledge secret witnesses.
In April court authorities released from judicial control (parole) Turkish dual national Serkan Golge. In 2018 a court sentenced Golge to seven-and-a-half years in prison on charges of “membership in a terrorist organization,” referring to the Gulen movement. An appeals court later reduced the charges and sentence to “support of a terrorist organization” and five years’ imprisonment. Authorities arrested Golge in 2016 based on specious evidence, including witness testimony that was later recanted. Golge served nearly three years in prison before he was released; he was permitted to leave the country in June.
Political Prisoners and Detainees
The number of political prisoners remained a subject of debate at year’s end. In July the Ministry of Interior reported the government had detained 282,790 persons in connection with the coup attempt since 2016. Of those, 25,912 were in prison awaiting trial. NGOs estimated there were 50,000 individuals in prison for terror-related crimes. Some observers considered some of these individuals political prisoners, a charge the government disputed.
Prosecutors used a broad definition of terrorism and threats to national security and in some cases, according to defense lawyers and opposition groups, used what appeared to be legally questionable evidence to file criminal charges against and prosecute a broad range of individuals, including journalists, opposition politicians (primarily of the HDP), activists, and others critical of the government.
At year’s end eight former HDP parliamentarians and 17 HDP comayors were in detention following arrest. According to the HDP, since July 2015 at least 5,000 HDP lawmakers, executives, and party members were in prison for a variety of charges related to terrorism and political speech. The government had suspended from office using national security grounds 48 locally elected opposition politicians in Kurdish-majority areas, and subsequently arrested 37. The government suspended from office the elected village leaders of 10 villages in the southeast in May. By August 2019 the government had suspended most of the mayors elected in the southeast in March 2019, including the HDP mayors of major southeastern cities Diyarbakir, Mardin, and Van. The government suspended an additional 16 mayors during the year. The government suspended the majority of mayors for ongoing investigations into their alleged support for PKK terrorism, largely dating to before their respective elections.
In September authorities arrested both comayors of Kars, Ayhan Bilgen and Sevin Alaca, as part of detention orders for 101 persons across seven provinces, including former HDP members of parliament and senior HDP officials, for their alleged involvement in the 2014 Kobane protests in the country regarding perceived government inaction in response to the Islamic State of Iraq and Syria takeover of the majority Kurdish town of Kobane, Syria. The prosecutor’s office also issued a secrecy injunction, citing terror charges, which prevented lawyers from accessing their clients’ files. In total authorities arrested 17 HDP officials. On December 30, the Ankara Prosecutor’s Office filed an indictment containing 37 counts of homicide and charges of “disrupting the unity and territorial integrity of the state” against 108 individuals, including the arrested HDP officials, in relation to the Kobane protests.
Former HDP cochair and former presidential candidate Selahattin Demirtas remained in prison on terrorism charges since 2016 despite 2018 and 2020 ECHR rulings for his release. In June the Constitutional Court ruled that Demirtas’ lengthy pretrial detention violated his rights, but the government did not release him from prison because of a second detention order stemming from a separate investigation related to the 2014 antigovernment Kobane protests. In September the Ankara Chief Public Prosecutor’s Office issued a new indictment against Demirtas under counterterrorism statutes for his criticism of the Ankara chief prosecutor at a hearing in January. On the same day, an Ankara court also ruled for the continuation of Demirtas’ imprisonment based on the Kobane protests investigation. On December 22, the ECHR ruled that Turkey violated Demirtas’ rights, including freedom of expression, liberty, and security; speedy decision on lawfulness of detention; and free elections, and it called for his immediate release. Following the ruling, President Erdogan accused the ECHR of “defending a terrorist” and making a hypocritical, politically motivated ruling. The president also stated that only Turkish courts could rule on the case and that Turkey would “evaluate” the ECHR decision. On December 30, authorities indicted Demirtas for his involvement in the Kobane protests as part of the mass indictment of 108 individuals.
Authorities used antiterror laws broadly against opposition political party members, human rights activists, media outlets, suspected PKK sympathizers, and alleged Gulen movement members or groups affiliated with the Gulen movement, among others, including to seize assets of companies, charities, or businesses. Human rights groups alleged many detainees had no substantial link to terrorism and were detained to silence critical voices or weaken political opposition to the ruling Justice and Development Party (AKP), particularly the HDP or its partner party, the Democratic Regions Party.
In June the government expelled MPs Leyla Guven and Musa Farisogulları of the HDP and Enis Berberoglu of the main opposition CHP from parliament and arrested them after appeals courts upheld charges against them on terrorism and espionage, respectively. The Constitutional Court ruled that the government had violated Berberoglu’s rights because it did not renew the lifting of his legal immunity following his re-election in 2018. In October the criminal court in Istanbul, which reviewed Berberoglu’s case, rejected the Constitutional Court ruling for a retrial. Berberoglu remained on release from prison due to COVID-19 precautions. In December a Diyarbakir court sentenced Guven to 22 years and three months in prison on three separate terrorism charges. Authorities transferred Guven to prison following sentencing; they had released her earlier in the year based on time served in a separate case.
Students, artists, and association members faced criminal investigations for alleged terror-related activities, primarily due to their social media posts. The government did not consider those in custody for alleged PKK or Gulen movement ties to be political prisoners and did not permit access to them by human rights or humanitarian organizations.
Credible reports claimed that authorities subjected some persons jailed on terrorism-related charges to abuses, including long solitary confinement, unnecessary strip and cavity searches, severe limitations on outdoor exercise and out-of-cell activity, denial of access to prison library and media, slow medical attention, and in some cases the denial of medical treatment. Reports also alleged that authorities subjected visitors of prisoners accused of terrorism-related crimes to abuse, including limited access to family and degrading treatment by prison guards, including strip searches.
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.
The constitution provides for an independent and impartial judiciary in civil matters, although this differed in practice. Citizens and legal entities such as organizations and companies have the right to file a civil case for compensation for physical or psychological harm, including for human rights violations. On constitutional and human rights issues, the law also provides for individuals to appeal their cases directly to the Constitutional Court, theoretically allowing for faster and simpler high-level review of alleged human rights violations within contested court decisions. Critics complained that, despite this mechanism, the large volume of appeals of dismissals under the state of emergency and decreased judicial capacity caused by purges in the judiciary resulted in slow proceedings.
As of September 30, the Constitutional Court has received 30,584 applications and found rights law violations in 20 percent of applications, according to official statistics. Of the 2019 applications, 30 percent remained pending. Citizens who have exhausted all domestic remedies have the right to apply for redress to the ECHR; however, the government rarely implemented ECHR decisions. According to the NGO European Implementation Network, Turkey has not implemented 60 percent of ECHR decisions from the last 10 years. For example, the country has not implemented the ECHR decision on the illegality of pretrial detention of former Constitutional Court judge Alparslan Altan, arrested and convicted following the coup attempt in 2016. Altan was serving an 11-year prison sentence at year’s end.
The government established the Inquiry Commission on the State of Emergency Measures, in 2017 to adjudicate appeals of wrongfully dismissed civil servants and began accepting cases that July. The commission reported that, as of the end of the year, it had received 126,630 applications, adjudicated 112,310 cases, approved 13,170, and rejected 99,140. Critics complained the appeals process was opaque, slow, and did not respect citizens’ rights to due process, including by prohibiting defendants from seeing the evidence against them or presenting exculpatory evidence in their defense.
In multiple parts of the southeast, many citizens continued efforts to appeal the government’s 2016 expropriations of properties to reconstruct areas damaged in government-PKK fighting (see section 1.g, Other Conflict-related Abuse).
According to the Savings Deposit Insurance Fund of Turkey, as of July the government had seized 796 businesses worth an estimated 61.2 billion lira ($7.85 billion) since the 2016 coup attempt. A March NGO report estimated that $32.2 billion in businesses and business assets, including from media outlets, schools, universities, hospitals, banks, private companies, and other holdings were confiscated since the 2016 coup attempt in breach of domestic regulations.
In July the government completed the flooding of a valley in Batman province for a new hydroelectric dam. Residents displaced by the use of eminent domain reported the government’s payment for their property would not cover the cost of the apartment buildings intended to replace their former homes and complained that animal husbandry was not allowed in the new city, a practice residents had until then relied upon for income and sustenance.
The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act Report to Congress, released publicly on July 29, may be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.
While the constitution provides for the “secrecy of private life” and states that individuals have the right to demand protection and correction of their personal information and data, the law provides MIT with the authority to collect information while limiting the ability of the public or journalists to expose abuses. Oversight of MIT falls within the purview of the presidency, and checks on MIT authorities are limited. MIT may collect data from any entity without a warrant or other judicial process for approval. At the same time, the law establishes criminal penalties for conviction of interfering with MIT activities, including data collection or obtaining or publishing information concerning the agency. The law allows the president to grant MIT and its employees’ immunity from prosecution.
Police possess broad powers for personal search and seizure. Senior police officials may authorize search warrants, with judicial permission required to follow within 24 hours. Individuals subjected to such searches have the right to file complaints; however, judicial permission occurring after a search had already taken place failed to serve as a check against abuse.
Security forces may conduct wiretaps for up to 48 hours without a judge’s approval. As a check against potential abuse of this power, the State Inspection Board may conduct annual inspections and present its reports for review to parliament’s Security and Intelligence Commission. Information on how often this authority was used was not available. Human rights groups noted that wiretapping without a court order circumvented judicial control and potentially limited citizens’ right to privacy. Some citizens asserted that authorities tapped their telephones and accessed their email or social media accounts. There was evidence the government monitored private online communications using nontransparent legal authority.
The Ministry of Interior disclosed that in the first seven months of this year, it examined 14,186 social media accounts and took legal action against more than 6,743 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. The law allows courts to order domestic internet service providers to block access to links, including to websites, articles, or social media posts, and was routinely used to block access to news sites. The editor of one such news website, Sendika, reported that his site has been blocked 63 times since 2015. The HRFT reported that in the first eight months of the year, the government detained at least 485 persons and arrested six for social media posts, including but not limited to posts on COVID-19.
Human rights groups asserted that self-censorship due to fear of official reprisal accounted in part for the relatively low number of complaints they received regarding allegations of torture or mistreatment.
Using antiterror legislation, the government targeted family members to exert pressure on wanted suspects. Government measures included cancelling the passports of family members of civil servants suspended or dismissed from state institutions, as well as of those who had fled authorities. In some cases the government cancelled or refused to issue passports for the minor children of individuals outside the country who were wanted for or accused of ties to the Gulen movement. In June the Ministry of Interior announced it would lift restrictions on the passports of 28,075 persons in addition to the 57,000 reported in 2019.
Government seizure and closure during the previous three years of hundreds of businesses accused of links to the Gulen movement created ambiguous situations for the privacy of client information.
Clashes between security forces and the PKK and its affiliates in the country continued throughout the year, although at a reduced level relative to previous years, and resulted in the injury or deaths of security forces, PKK terrorists, and civilians. The government continued security operations against the PKK and its affiliates in various areas of the east and southeast. Authorities issued curfews of varying duration in certain urban and rural areas and also decreed “special security zones” in some areas to facilitate counter-PKK operations, which restricted access of visitors and, in some cases, residents. While portions of Hakkari province and rural portions of Tunceli Province remained “special security zones” most of the year, the government imposed curfews and “special security zones” less frequently overall than in 2019. PKK attacks claimed the lives of noncombatant civilians, as did kidnappings. Residents of these areas reported they occasionally had very little time to leave their homes prior to the launch of counter-PKK security operations. Those who remained faced curfews of varying scope and duration that at times restricted their movement and complicated living conditions.
Killings: According to the International Crisis Group, from mid-2015 to December, at least 1,265 security force members, 3,166 PKK terrorists, 5,539 civilians, and 226 individuals of unknown affiliation died in PKK-related fighting in the country and the surrounding region.
The HRA reported that in the first 10 months of the year, 14 security officers, 15 civilians, and 78 PKK terrorists were killed during clashes; 15 security officers and 23 civilians were reportedly injured.
PKK attacks resulted in civilian deaths. For example, on April 8, a roadside bomb attack killed five forestry workers in Diyarbakir province. Government data on casualty tolls were unavailable.
PKK tactics included targeted killings and assault with conventional weapons, vehicle-borne bombs, and IEDs. At times IEDs or unexploded ordnance, usually attributed to the PKK, killed or maimed civilians and security forces. According to news reports, in April an 11-year-old boy died as a result of an explosion of unexploded ordnance in Diyarbakir. Since 2016, unexploded ordnance killed at least 22 civilians, 21 of whom were children.
Abductions: The PKK abducted or attempted to abduct civilians (see Child Soldiers, below).
Physical Abuse, Punishment, and Torture: Human rights groups alleged that police, other government security forces, and the PKK abused some civilian residents of the southeast. There was little accountability for mistreatment by government authorities. In April a Gevas court acquitted a police officer who was accused of torturing four village residents in 2017. Although victims identified seven police officers, the prosecutor pressed charges against only one.
Child Soldiers: The government and some members of Kurdish communities alleged the PKK recruited and forcibly abducted children for conscription. A group of mothers continued a sit-in protest they began in Diyarbakir in September 2019 alleging the PKK had forcibly recruited or kidnapped their children and demanding their return. According to the Directorate of Communications of the Presidency, 438 children escaped and left the PKK from January 2014 to June.
Other Conflict-related Abuse: Extensive damage stemming from government-PKK fighting led authorities in 2016 to expropriate certain properties in specific districts of the southeast to facilitate postconflict reconstruction. Many of these areas remained inaccessible to residents at year’s end due to reconstruction. In Diyarbakir’s Sur District, the government had not returned or completed repairs on many of the expropriated properties, including the historic and ancient sites inside Sur, such as Surp Giragos Armenian Church and the Mar Petyun Chaldean Church. The government allocated 30 million lira ($3.8 million) to renovate four churches; renovations on two of them were completed. Some affected residents filed court challenges seeking permission to remain on expropriated land and receive compensation; many of these cases remained pending at year’s end. In certain cases courts awarded compensation to aggrieved residents, although the latter complained awards were insufficient. The overall number of those awarded compensation was unavailable at year’s end.
In May press reported the discovery of plastic boxes containing the remains of 261 bodies of PKK terrorists from the Kurdish-dominated southeastern province of Bitlis; the boxes were buried under the sidewalks in Istanbul’s Kilyos Cemetery. Authorities reportedly removed the bodies from a cemetery in Bitlis during a construction project in 2017 and moved them without the knowledge of families of the buried.
Government actions and adverse security conditions impacted democratic freedoms, including limiting journalists’ and international observers’ access to affected areas, which made monitoring and assessing the aftermath of urban conflicts difficult. Since 2019 the Ministry of Interior suspended 48 of 65 elected HDP mayors in the southeast based on allegations of support for terrorism related to the PKK. Because the mayors were suspended but not removed, pursuant to 2018 antiterror legislation, local residents did not have the opportunity to elect other representatives. The government appointed officials to govern these 48 municipalities in lieu of the removed elected mayors.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law provide for freedom of expression within certain limits. The government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists since the 2016 coup attempt hindered freedom of speech. Media professionals reported that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.
The law provides for punishment of up to three years in prison for conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.
The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a July MetroPOLL company survey, 62 percent of respondents believed media in the country was not free, and 50 percent believed they were not free on social media.
The government frequently responded to expression critical of it by filing criminal charges alleging affiliation with terrorist groups, terrorism, or otherwise endangering the state. In January, Ankara’s chief public prosecutor opened investigations into 50 persons for social media posts related to the 6.8-magnitude Elazig earthquake on January 24, charging that the posts were “creating worry, fear and panic among the public” and “insulting the Turkish people, the Republic of Turkey and public institutions.” At the end of May, the Ministry of Interior announced that in the six weeks after the COVID-19 pandemic reached the country in mid-March, authorities had examined 10,111 social media accounts containing “unfounded and provocative” information regarding COVID-19. Authorities also identified 1,105 individuals, detained more than 500 persons connected to those accounts for questioning, and initiated nearly 600 criminal investigations. Individuals investigated by police included prominent doctors and heads of medical associations. In October the Ministry of Interior announced it investigated 40 social media accounts, detained 10 individuals, and arrested two for social media posts related to the 7.0-magnitude earthquake that struck Izmir province on October 30.
During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. According to Ministry of Justice statistics, police investigated 36,066 individuals for insulting the president or the state in 2019; 12,298 stood trial and 3,831 were penalized. In contrast from 2014 to 2019, the number of individuals that received prison sentences under insult laws dropped to 2,663. In July police detained 11 persons and arrested one for comments made on social media posts about the president’s daughter and son-in-law, former treasury and finance minister Berat Albayrak, following the birth of their son on charges of “insulting a public official.”
Estimates of the number of imprisoned journalists varied, ranging from at least 37 according to the Committee to Protect Journalists to 79 according to the International Press Institute. The majority faced charges related to antigovernment reporting or alleged ties to the PKK or Gulen movement.
The Media and Law Studies Association in Istanbul attributed the disparity in estimates of the number of incarcerated journalists to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons whom it has issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, and other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” claiming ties to or support for the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.
An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. In June in response to a parliamentary question submitted six months earlier by an HDP MP, Vice President Fuat Oktay stated, the government shut down a total of 119 media outlets under state of emergency decrees following the 2016 failed coup attempt, including a total of 53 newspapers, 20 magazines, 16 television channels, 24 radio stations, and six news agencies. Independent reports estimated the government has closed more than 200 media companies since 2016.
Freedom of Speech: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.
On June 23, an Istanbul court upheld the conviction and sentencing of the main opposition CHP Istanbul provincial chair Canan Kaftancioglu on multiple charges related to tweets critical of government policy, including comments related to the 2013 Gezi Park Protests and the 2016 coup attempt, which she made between 2012 and 2017. A lower court had sentenced Kaftancioglu to nearly 10 years’ imprisonment in 2018 for “insulting the republic,” “insulting the president,” and “spreading terrorist propaganda” in tweets. At year’s end she remained free pending her final legal appeal. Kaftancioglu also faced separate charges under a December indictment by the Istanbul Prosecutor’s Office for ordering photographs of alleged illegal construction on land owned by Presidential Communications Director Fahrettin Altun. The indictment sought up to 10 years’ imprisonment for Kaftancioglu. Authorities scheduled the first hearing of the case for May 2021.
A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by MPs on the floor of parliament and provides for the possibility of fining violators; however, authorities did not uniformly implement this by-law. Diyarbakir Bar Association chairman Ahmet Ozmen continued to face charges filed in 2019 stemming from a statement the Bar Association released in 2017, stating, “We share the unrelieved pain of Armenian people.”
Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in their exercising enhanced caution in their public reporting.
In late April the Ankara Bar Association filed a complaint for hate speech against Ali Erbas, president of the Directorate of Religious Affairs (Diyanet), following a sermon in which he stated that homosexuality causes illness, including HIV. In response President Erdogan announced that an attack against Erbas was an attack against the state. The Istanbul Prosecutor’s Office promptly opened a criminal investigation against the bar association, and President Erdogan commented, “All will know their place.”
Freedom of Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters without Borders estimated the government was able to exert power in the administration of 90 percent of the most watched television stations and most read national daily newspapers through the companies’ affiliation with the government. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.
Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.
Government prosecution of journalists limited media freedom throughout the year. In 2018 authorities convicted 14 persons affiliated with the leading independent newspaper, Cumhuriyet on charges of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. After a lengthy appeal process, the Constitutional Court found no rights violations in cases for 11 of the journalists but ruled in favor of three. On November 10, the ECHR found that Turkey violated the freedom of expression rights of eight of the journalists and ordered them to be compensated 16,000 euro ($19,200) each. On November 24, the ECHR separately found that the country had violated the rights of another defendant, journalist Ahmet Sik.
In July an Istanbul court convicted Turkish-German journalist Deniz Yucel of “incitement to hatred” and spreading “terrorist propaganda” for articles he wrote on Turkey as a correspondent for the German newspaper Die Welt and sentenced him in absentia to two years and nine months in prison. The Constitutional Court had previously reviewed the press articles in the indictment and determined they were protected by freedom of the press. Yucel indicated he would appeal the ruling.
In several cases the government barred journalists from travelling outside the country, including through the use of electronic monitoring. For example, in October an Istanbul court sentenced five of eight Yeni Yasam, Yeni Cag, and OdaTV journalists on trial for allegedly revealing the identity of intelligence officers to more than four years in prison. The court released three of the defendants, Baris Pehlivan, Hulya Kilinc, and Murat Agirel, based on time served but imposed an international travel ban. The court acquitted the two OdaTV journalists.
Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.
According to the Committee to Protect Journalists, in 2019 at least nine journalists were physically attacked, often outside of their place of work. Although in some cases suspects were identified quickly, by year’s end authorities had made no arrests or publicly noted progress in investigations against the perpetrators. Victims publicly expressed a belief that law enforcement agencies were not interested in prosecuting the crimes. On August 19, Saban Onen, a journalist of a Bursa-based local newspaper was attacked in a parking garage in Karacabey. Onen claimed that the attackers were relatives of the ruling AKP mayor of Karacabey and specifically referenced his writing about the mayor during the attack. On August 26, a vehicle belonging to the Nevsehir Journalists Association was set on fire. The chair of the association, Bayram Ekici, stated he believed the attack was a premediated attempt to intimidate journalists.
The government routinely filed terrorism-related charges against individuals or publications in response to reporting on sensitive topics, particularly government efforts against PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public for speech critical of the state. In September authorities arrested on slander charges the publisher and editor in chief of a daily newspaper in Kocaeli Province after the newspaper ran a story accusing local AKP officials of sexually abusing a minor.
Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.
Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with private Kurdish-language outlets.
Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of media and books. Authorities subjected some writers and publishers to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Human rights organizations voiced strong concern that a law governing social media that went into effect October 1 would result in increasing social media censorship and indiscriminate enforcement of content removal requests imposed by courts or made through individuals’ requests by social media companies (see section 2.a., Internet Freedom for details). Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.
While the law does not prohibit particular books or publications, authorities required publishing houses to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association reported that bookstores did not carry books by some opposition political figures.
The Turkish Publisher’s Association reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The association reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Authorities also subjected publishers to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities banned books because of objectionable content.
In August an Istanbul court banned access to reporting by major newspapers and broadcast networks that a large tender was awarded to a friend of the president’s son. In September an Istanbul court ordered an additional access ban to news articles regarding the initial access ban.
In October police raided the Van bureau of Mezopotamya Ajansi and the homes of many journalists of the news agency. Police detained four journalists during the raid and confiscated their cameras and technical equipment. One of the journalists, Cemil Ugur, first reported the story of two villagers in Van who were allegedly detained, tortured, and thrown from a helicopter by soldiers in September. The courts granted a confidentiality order requested by the Van Chief Prosecutor’s Office on news reports concerning the incident. On October 1, an Ankara penal judge also ruled to permit the Information and Communications Technologies Authority to block access to Mezopotamya Ajansi’s online content.
Some journalists reported their employers asked them to censor their reporting if it appeared critical of the government or fired them if they failed to comply. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. For instance, the government continued to pursue a case against Cumhuriyet journalists Alican Uludag and Duygu Guvenc for “publicly degrading the judiciary” and “insulting the Turkish nation” for their coverage of the country’s arrest of Andrew Brunson in 2018. On October 22, the court ruled that Uludag and Guvenc be acquitted as “the act in question is not defined as a crime in the law.”
Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that media generally favored the ruling AKP. In December the owner of private media outlet Olay TV announced that he would close the channel after only a month of operation because its editorial line prioritized pro-HDP content. The editor in chief of Olay TV announced during its last broadcast that the government pressured channel executives to close the channel. Other outlet employees told reporters the channel faced government scrutiny because it was too critical of the government and included reports of alleged corruption and human rights violations by government officials.
Radio and Television Supreme Council (RTUK) member Ilhan Tasci, who represented the CHP, reported that as of December, RTUK had fined or suspended independent broadcasters in 54 instances. During that time government-affiliated broadcasters received two warnings and one fine. Independent broadcasters paid 25 times more in fines than government-affiliated ones.
RTUK continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. In July, RTUK announced it would suspend pro-opposition television stations Halk TV and TELE1 for five days and that the two outlets could lose their broadcast licenses entirely if they received another penalty. RTUK ruled that TELE1 “incited hatred” during two news programs that criticized the country’s Directorate of Religious Affairs (Diyanet) and President Erdogan. RTUK imposed the suspension on Halk TV for criticizing Turkey’s foreign policy. The NGO Committee to Protect Journalists warned, “the two channels were two remaining pro-opposition broadcast outlets in a media landscape that has become predominantly progovernment” and that “their presence is vital for media plurality” in the country. After the broadcasters lost court appeals, RTUK suspended TELE1 and Halk TV broadcasts for five days in September.
Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of 2019. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.
Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” Free speech advocates pointed out that, while leaders and deputies from opposition political parties regularly faced multiple insult charges, the government did not apply the law equally and that AKP members and government officials were rarely prosecuted. In March, Engin Ozkoc of the opposition CHP insulted the president using the same phrasing that the president used in reference to Ozkoc. Ozkoc’s comments set off a brawl on the floor of the parliament. Erdogan sued Ozkoc for libel and the Prosecutor’s Office opened an investigation into Ozkoc’s comments.
In September a court sentenced the former cochair of the pro-Kurdish Democratic Regions Party Sebahat Tuncel to 11 months in prison for insulting the president. Tuncel had called Erdogan a misogynist and “an enemy of women and Kurds.”
In May police arrested former CHP Izmir province vice chair Banu Ozdemir for her social media posts sharing videos of Izmir mosques playing the song “Bella Ciao” from their speakers after a hacking incident. Ozdemir was arrested on charges of “denigrating religious values” and spent one week in pretrial detention. On December 10, an Izmir court acquitted Ozdemir.
National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.
In March an Istanbul court ordered the arrest of seven journalists and editors for their news organizations’ reports on the funeral of an alleged MIT official who died in Libya in February. Authorities charged the journalists with exposing the identities of MIT agents and their families. In September an Istanbul court found five of the journalists guilty and issued sentences from three to more than four years imprisonment. The court acquitted two of the journalists.
The trial of prominent columnist Ahmet Altan continued, and he remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” relating to allegations he had a role in the 2016 attempted coup; Altan received an aggravated life sentence. In 2019 after the Supreme Court of Appeals overturned the life imprisonment sentence, Altan was convicted for “aiding a terrorist organization” and released on time served. Within days of the release, he was rearrested following the prosecutor’s objection. In December the Constitutional Court rejected Altan’s application for review of his re-arrest. Rights groups claimed that Altan faced charges in reprisal for his work as a journalists and author.
Authorities also targeted foreign journalists. For example, in March authorities detained a group of journalists, including five foreign journalists along the Turkey-Greece border, for allegedly violating the border zone. All were later released.
Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.
The government continued to restrict access to the internet and expanded its blocking of selected online content. The government at times blocked access to cloud-based services and permanently blocked access to many virtual private networks. There was evidence the government monitored private online communications using nontransparent legal authority. The Freedom House report Freedom on the Net 2020: The Pandemic’s Digital Shadow noted that the government harassed, arrested, and detained journalists, activists, and bloggers for their online activity, especially during the COVID-19 pandemic.
The law allows the government to block a website or remove content if there is sufficient suspicion that the site is committing any number of crimes, including insulting the founder of the Turkish Republic, Mustafa Kemal Ataturk, or insulting the president. The government may also block sites to protect national security and public order. At times authorities blocked some news and information sites that had content criticizing government policies. The law also allows persons who believe a website violated their personal rights to ask the regulatory body to order internet service providers (ISPs) to remove offensive content. Government leaders, including the president, reportedly employed staff to monitor the internet and initiate charges against individuals perceived as insulting them.
The government-operated Information and Communication Technologies Authority (BTK) is empowered to demand that ISPs remove content or block websites with four hours’ notice, as are government ministers. The regulatory body must refer the matter to a judge within 24 hours, who must rule on the matter within 48 hours. If it is not technically possible to remove individual content within the specified time, the entire website may be blocked. ISP administrators may face a penalty of six months to two years in prison or fines ranging from 50,000 to 500,000 lira ($6,400 to $64,000) for conviction of failing to comply with a judicial order. The president appoints the BTK president, vice president, and members of the agency.
In July parliament passed a law regulating online social media providers. According to the law, beginning in October social media companies with more than one million users are required to establish legal in-country representation and to store user data in the country. Failure to establish legal representation is subject to escalating penalties, starting with fines of up to 40 million lira ($5.5 million), a ban on ad placement with the company, and bandwidth restrictions of up to 90 percent. The law also imposes a regulation on content removal, requiring social media companies to respond to content removal requests from individuals within 48 hours and from courts within 24 hours, or face heavy fines. Beginning in June 2021, the law will require social media companies to report and publish on their websites’ statistics on content removal. Opponents of the law asserted it was intended to silence dissent and stifle expression online. There were also concerns that social media company representatives may face criminal charges if companies fail to comply with government requests, and advocates have raised significant data privacy concerns about the new requirement to store data in the country. Prior to the law, the government required content providers to obtain an operating certificate for the country. In November and December, the BTK imposed fines on several social media companies, including Facebook, Twitter, and Instagram, for noncompliance with the law’s in-country legal representation requirements.
The government has authority to restrict internet freedom with limited parliamentary and judicial oversight. The law provides that government authorities may access internet user records to “protect national security, public order, health, and decency” or to prevent a crime. The law also establishes an ISP union of all internet providers that is responsible for implementing website takedown orders. The judicial system is responsible for informing content providers of ordered blocks.
The government required ISPs, including internet cafes, to use BTK-approved filtering tools that blocked specific content. Additional internet restrictions were in place in government and university buildings. According to the internet freedom NGO EngelliWeb, the government blocked 61,049 domain names during 2019, increasing the total number of blocked sites to 408,494. Of the new domain names that the government blocked, 70 percent were blocked through a BTK decision that did not require judicial approval. According to EngelliWeb reporting, 5,599 news articles were blocked in 2019, and news providers removed 3,528 articles after a block was implemented.
In January the government lifted a ban on Wikipedia following a court ruling in December 2019 that the ban constituted a violation of free expression. The government imposed the ban in 2017 based on “national security concerns.”
According to Twitter’s internal transparency report, during the last six months of 2019 the company received 5,195 court orders and other legal requests from authorities to remove content. The country was responsible for 19 percent of Twitter’s global legal demands.
During the year the government continued to limit academic freedom, restrict freedom of speech in academic institutions, and censor cultural events.
The president appointed rectors to state and foundation-run universities, leading critics to assert that the appointments compromised the academic and political independence of the institutions. Some academics faced charges due to public statements critical of government policy. Academics and others criticized the situation in public universities, asserting that the dismissals of more than 7,000 academics during the 2016-18 state of emergency had depleted many departments and institutions of qualified professional staff to the detriment of students and the quality of education.
In July 2019 the Constitutional Court ruled that the prosecution of nearly 2,000 academics, known as the “Academics for Peace,” was a violation of freedom of expression. The academics had signed a 2016 petition condemning state violence in the southeast and been prosecuted on terrorist propaganda charges. As of September, 622 of the 822 Academics for Peace cases ended in acquittal. Most of the academics acquitted in 2019 had been fired from their positions and had not been reinstated at year’s end.
In April the parliament amended the Higher Education Law. The amendment included specification of grounds for censure and dismissal of academics, including engaging in and supporting “activities that qualify as terror” and insulting a superior. The University Faculty Members Association released a statement that expressed concern the amendment threatens academic freedom.
Some academics and event organizers stated their employers monitored their work and that they faced censure from their employers if they spoke or wrote on topics not acceptable to academic management or the government. Many reported practicing self-censorship. Human rights organizations and student groups criticized court- and Higher Education Board-imposed constraints that limited university autonomy in staffing, teaching, and research policies. In December 2019 the Council of Higher Education temporarily suspended the operating license of Istanbul Sehir University, established by former prime minister Ahmet Davutoglu. In January the council seized the assets of the Science and Art Foundation that managed the university and appointed trustees to its management, citing financial mismanagement and inadequate funds as the reason for the intervention. Academic freedom activists claimed that the actions were in retaliation for Davutoglu’s establishment of a new opposition party.
Antiterror measures also affected arts and culture. The government banned more than 200 Turkish and Kurdish songs on the grounds their content encouraged persons to smoke or drink or conveyed “terrorist propaganda.” Police arrested members of Grup Yorum, a popular folk band collective, in 2016 on terror charges alleging the group’s links to terrorist group Revolutionary Peoples Liberation Party-Front and banned them from performing. In April and May, two members of the group, Helin Bolek and Ibrahim Gokcek died as a result of hunger strikes in protest of the group’s treatment. Two additional members remained in prison. In August police detained at least 10 persons for attending an unauthorized concert in Istanbul by the group. Authorities arrested at least two persons for attending the unauthorized concert.
The government restricted the freedoms of peaceful assembly and association.
Although the constitution provides for freedom of assembly, the law provides several grounds for the government to limit that right. The law stipulates penalties for protesters convicted of carrying items that might be construed as weapons, prohibits the use of symbols linked to illegal organizations (including chanting slogans), and criminalizes covering one’s face while protesting. The law permits police to use tinted water in water cannons, potentially to tag protesters for later identification and prosecution. The law also allows police to take persons into “protective custody” without a prosecutor’s authorization if there is reasonable suspicion that they are a threat to themselves or to public order. The antiterror law gives governorates enhanced authority to ban protests and public gatherings, a ban some governorates enacted broadly during the year.
The government regarded many demonstrations as security threats to the state, deploying large numbers of riot police to control crowds, frequently using excessive force and resulting in injuries, detentions, and arrests. At times the government used its authority to detain persons before protests were held on the premise they might cause civil disruption. The government generally supported security forces’ actions. The HRFT reported that in the first eight months of the year, police intervened in at least 637 demonstrations. As many as 1,364 persons claimed they were beaten and received other inhuman treatment during these police interventions. Neither the government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests.
In July dozens of leaders and members of 29 bar associations participated in a march to Ankara to protest anticipated legal changes to regulations governing bar associations. Police forcibly disrupted the march as they entered the city of Ankara and prevented bar association chairs from participating in a sit-in in front of the parliament. Video footage showed police pushing and jostling the bar association heads.
On March 8, police clashed with demonstrators intending to mark International Women’s Day by marching through Istanbul’s Taksim Square and Istiklal Avenue. Prior to the scheduled march, the governor of Istanbul announced the areas would be closed for demonstrations and assembly and deployed an extensive police presence to prevent access to the main thoroughfares. Despite the announcement, groups proceeded with the planned march and attempted to enter the area. Police blocked the entrances and dispersed the group using tear gas and riot shields. According to media reports, police detained 32 women during the confrontations. Police did not disperse commemorations and marches hosted by women’s groups in the city’s Kadikoy neighborhood on the Asian side of Istanbul.
Throughout the year during court hearings of jailed former HDP cochair Demirtas, the Ankara governorate or court security personnel banned gatherings, marches, and sit-in protests outside the court. Authorities generally prohibited domestic and international observers from observing the hearings.
The government continued selectively to ban demonstrations outright if they were critical of the government and selectively applied COVID-19 restrictive measures to demonstrations. For instance, the Tekirdag Governor’s Office closed entrance to the province citing COVID-19 precautions ahead of the HDP March for Democracy from Edirne to Ankara, scheduled in June to take place during three days. Sit-ins outside HDP buildings in Diyarbakir to demand the return of children allegedly forcibly recruited by the PKK continued for the second year. Pro-Kurdish demonstrations of many kinds faced violent police responses throughout the year.
Istanbul police continued to prevent the vigil of the Saturday Mothers from taking place on Istiklal Street, in July detaining three group members during the commemoration of the vigil’s 800th week. Since the 1990s, the Saturday Mothers gathered to commemorate the disappearances of relatives following their detention by security forces in the 1980s and 1990s and to call for accountability.
In January police prevented Melek Cetinkaya, the mother of one of 259 military cadets jailed and sentenced to aggravated life in prison in the aftermath of the July 2016 failed coup, from launching a march for justice from Ankara to Istanbul. Police detained Cetinkaya and 66 family members of other imprisoned cadets who were to join the march. The group planned to walk from Ankara to Silivri Prison in Istanbul, where the cadets are jailed. Police teams took heightened security measures in the city center of Ankara before the group gathered and began detaining marchers as they entered the area. Authorities later released all of the detained protesters. Cetinkaya accused police of excessive force.
Throughout the year the governors of Van, Tunceli, Mus, Hakkari, and several other provinces banned public protests, demonstrations, gatherings of any kind, and the distribution of brochures. The longstanding bans in the southeast of the country have remained in place during the year.
In contrast with previous years, labor unions, labor organizations, and opposition political parties called on citizens to honor Labor Day on May 1 while respecting social distance measures. In particular these groups encouraged supporters to sing songs from balconies, share messages via social media, and explore other activities that respect social distancing requirements during the COVID-19 crisis. Social media showed that many celebrations occurred in isolation across the country. In Istanbul and Ankara, police detained and later released at least 45 persons for attempting to march despite a mandatory three-day COVID-related lockdown. Among others, police detained the chair of the Confederation of Progressive Trade Unions (DISK), Arzu Cerkezoglu, as well as 25 other DISK members as they attempted to march to Taksim Square in Istanbul. Prior to the event, DISK claimed to have contacted and informed the Istanbul Governor’s Office regarding its plans to organize a march. The office stated that DISK received Istanbul approval to travel by vehicles, not by foot, and blamed DISK for violating social distancing measures and initiating brawls with law enforcement officials.
While the law provides for freedom of association, the government continued to restrict this right. The government used provisions of the antiterror law to prevent associations and foundations it had previously closed due to alleged threats to national security from reopening. In its 2019 end-of-year report, the Inquiry Commission on the State of Emergency Measures reported that 208 of the 1,727 associations and foundations closed following the 2016 coup attempt have been allowed to reopen. Observers widely reported the appeals process for institutions seeking redress through the Inquiry Commission on the State of Emergency Measures remained opaque and ineffective (see section 1.e.).
By law persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad and must provide detailed documents on such activities. Representatives of associations stated this requirement placed an undue burden on their operations. Human rights and civil society organizations, groups promoting lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights, and women’s groups in particular stated the government used regular and detailed audits to create administrative burdens and to intimidate them through the threat of large fines. For instance, the HRA reported that continued investigations and audits during the last four years have created immense pressure on the organization. In February the government launched a three-week audit of the HRA.
The case against former Amnesty International honorary chair Taner Kilic and 10 other human rights defenders continued in appeals court. Authorities charged the defendants with “membership in a terrorist organization” or “aiding a terrorist organization without being a member,” largely stemming from attendance at a 2017 workshop, “Protecting Human Rights Advocates–Digital Security,” held on Istanbul’s Buyukada Island. On July 3, an Istanbul court convicted four of the human rights activists on terrorism-related charges. Nearly three years after his arrest, Kilic received a prison sentence of six years and three months for membership in a terrorist organization. The court sentenced former Amnesty International Turkey director Idil Eser, and fellow human rights defenders Gunal Kursun and Ozlem Dalkiran to two years and one month for assisting a terrorist organization. The court acquitted seven other human rights activists including German citizen Peter Steudtner and Swedish citizen Ali Gharavi. The four convicted human rights activists remained free pending appeal; the ban on Kilic’s foreign travel, imposed in 2018, remained in place.
On December 27, the parliament adopted new counterterrorist financing legislation entitled “Preventing Financing of Proliferation of Weapons of Mass Destruction” granting the Ministry of Interior powers to audit, suspend staff and governing board members, and temporarily shut down operations of NGOs. The legislation prompted strong concern among civil society groups. Nearly 700 civil society organizations signed a petition opposing the new law, noting it would expand Ministry of Interior “political tutelage,” severely restrict fundraising, and allow for rapid closure of civil society groups without judicial review.
On July 11, parliament approved a law changing the regulations governing bar associations. The law allows lawyers in provinces with more than 5,000 bar association members to establish new associations after collecting a minimum of 2,000 member signatures. Whereas previous regulations only permitted one bar association per province, the new regulations allow for multiple bar associations in large provinces, paving the way for provincial associations to splinter into many groups, which could dilute the voices of existing organizations. The law also changed delegate representation within the Union of Turkish Bar Associations (UTBA), a governing body of bar associations, reducing the influence of large bar associations from major metropolitan areas. All 80 Turkish bar associations, as well as human rights groups, publicly criticized the law, predicting it would undermine judicial independence, divide bar associations along political lines, and diminish the voices of bar associations critical of the government’s actions. To date, bar associations in major metropolitan areas have wielded significant political power and influence, particularly in matters of human rights and rule of law. In September a group of Istanbul Bar Association lawyers gathered enough signatures to establish a new association in the city and filed a registration petition with UTBA.
On October 2, the Ministry of Interior issued a circular postponing bar association elections scheduled by law from October to December. The circular cited anti-COVID-19 precautions banning all in-person events held by professional organizations and NGOs. Major bar associations protested the move, alleging the postponement decision was political since a later election timeline would allow newly established bar associations to participate. On October 5, a total of 76 of 80 bar associations issued a statement alleging that the circular violates Turkish law and filed civil suits. Courts dismissed Ankara, Istanbul, and Izmir associations’ suits. In December the minister of interior postponed the elections further to March 2021.
Bar association and other civil society organization representatives reported that police sometimes attended organizational meetings and recorded them, which the representatives interpreted as a means of intimidation.
In March the country enacted amendments to the Law on Associations introducing requirements that associations notify local administrative authorities of any changes in membership within 30 days or face penalties. The Council of Europe issued a statement calling the amendments “problematic on both procedural and substantive accounts” and noted they failed to meet requirements under the ECHR.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/ .
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited these rights. The government continued to restrict foreign travel for some citizens accused of links to the Gulen movement or the failed 2016 coup attempt. In June authorities lifted passport restrictions for 28,075 individuals, in addition to the 57,000 lifted in 2019, although it remained unclear how many more remained unable to travel. Curfews imposed by local authorities in response to counter-PKK operations and the country’s military operation in northern Syria also restricted freedom of movement, as did restrictions on interprovincial travel due to COVID-19 precautions.
In-country Movement: The constitution provides that only a judge may limit citizens’ freedom to travel and only in connection with a criminal investigation or prosecution. Antiterror laws allow severe restrictions to be imposed on freedom of movement, such as granting governors the power to limit movement on individuals, including entering or leaving provinces, for up to 15 days.
Freedom of movement remained a problem in parts of the east and southeast, where countering PKK activity led authorities to block roads and set up checkpoints, temporarily restricting movement at times. The government instituted special security zones, restricting the access of civilians, and established curfews in parts of several provinces in response to PKK terrorist attacks or activity (see section 1.g., Abuses in Internal Conflict).
The minister of interior and governorates also restricted interprovincial travel between March and May followed by limited restrictions on movement to and from metropolitan municipalities as measures to contain COVID-19. Some governorates, particularly in the northwest and southeast, instituted subsequent bans on movement as anti-COVID-19 measures throughout the year.
Conditional refugees and Syrians under temporary protection also experienced restrictions on their freedom of movement (see section 2.f., Protection of Refugees).
Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of links to the Gulen movement or the failed coup attempt, as well as on their extended family members. Authorities also restricted some foreign citizens with dual Turkish citizenship from leaving the country due to alleged terrorism concerns. The government maintained the travel restrictions were necessary to preserve security. Some persons whom the government barred from travel chose to leave the country illegally.
Syrians under temporary protection risked the loss of temporary protection status and a possible bar on re-entry into the country if they chose to travel to a third country or return temporarily to Syria. The government issued individual exit permissions for Syrians under temporary protection departing the country for family reunification, health treatment, or permanent resettlement, and required an individual exception for all other reasons. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.
In October 2019 the country’s Peace Spring military operation displaced more than 215,000 residents of villages along the country’s border with Syria in areas of Syria affected by the operation. At the time the president announced the country’s intention to create a safe zone for the return and resettlement of one to two million Syrian refugees from Turkey. In October the government announced that 414,000 individuals had voluntarily returned to Syria. Approximately one-half of those displaced inside Syria as a result of the operation have returned. More than 100,000 persons remained displaced, however, including tens of thousands of women and children. Turkish officials publicly committed to safe and voluntary refugee returns.
The law allows persons who suffered material losses due to terrorist acts, including those by the PKK or by security forces in response to terrorist acts, to apply to the government’s damage determination commissions for compensation.
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.
The government did not keep figures for stateless persons. The government provided documentation for children born to conditional refugees and Syrians under temporary protection, although statelessness remained an increasing concern for these children, who could receive neither Turkish citizenship nor documentation from their parents’ home country. As of December 2019, at least 516,000 babies had been born to Syrian mothers in the country since the beginning of the Syrian conflict in 2011, according to the Ministry of Interior.