a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

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 civilian deaths continued to decline in recent 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 November 15, a total of 25 civilians, 51 security force members, and 268 PKK militants were killed in the country and surrounding region 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 campaign of attacks on government security forces, resulting in civilian deaths. PKK attacks focused particularly on southeastern provinces. In October the Ministry of Energy and Natural Resources reported that a PKK attack killed two electricity workers in Bingol Province after the group detonated a remote-controlled explosive while a vehicle carrying the workers passed.

There were credible reports that the country’s military operations outside its borders led to the deaths of civilians (see section 1.g.). In August press outlets reported that Turkish airstrikes on what may have been a makeshift medical facility in the Sinjar District of Iraq killed four medical staff in addition to members of a militia affiliated with both the PKK and elements of the Iraqi Popular Mobilization Forces.

According to the Baran Tursun Foundation, an organization that monitors police brutality, police killed 404 individuals for disobeying stop warnings between 2007 and 2020.  According to the report, 92 were children. Police killed six individuals in 2020 according to the report. In June suspect Birol Yildirim died under suspicious circumstances while in police custody in the Esenyurt district in Istanbul. Authorities subsequently arrested 12 police officers on charges of beating Yildirim to death.  The case against the officers continued at year’s end.

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.

b. Disappearance

Domestic and international human rights groups reported instances of disappearances that they alleged were politically motivated.

In February human rights groups reported that Huseyin Galip Kucukozyigit, a former legal advisor to the Prime Minister’s Office who was dismissed after the 2016 coup attempt, may have been subjected to enforced disappearance. Kucukozyigit last contacted his family in December 2020; his relatives believed he was abducted. Authorities initially denied Kucukozyigit was in official custody. In September, Kucukozyigit’s daughter announced on social media that she received a telephone call from him and that he was in Sincan Prison in Ankara.

Human rights organizations appealed for authorities to investigate the disappearance of Yusuf Bilge Tunc, one of seven men reportedly “disappeared” by the government in 2019. Six of the seven surfaced in 2019 in police custody on terrorism charges, but Tunc’s whereabouts remained unknown.

The government declined to provide information on efforts to prevent, investigate, and punish such acts.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

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, bar associations, 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, abuse, or possible torture.

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. A consortium of nongovernmental organizations (NGOs), including the Human Rights Foundation of Turkey (HRFT), told the press in July “police violence has become a part of daily life” and observed that authorities increasingly intervened in peaceful protests and demonstrations. In the first 11 months of the year, the HRFT reported receiving complaints from 531 individuals alleging they were subjected to torture and other forms of mistreatment while in custody or at extracustodial locations. In the same period, the Human Rights Association of Turkey (HRA) reported, at least 415 individuals applied to the NGO alleging torture or other forms of mistreatment. 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 early January police violently dispersed protests over President Erdogan’s January 1 appointment of rector Melih Bulu at Bogazici University in Istanbul, using water cannons and tear gas. Police subsequently raided houses and detained 45 students in the protests. Amnesty International reported that the students alleged torture and mistreatment at the time of detention and while in custody. According to student reports, police pushed and hit them during detention. At least eight students reported forced strip searches, and two students from the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community reported that police threatened them with rape with a truncheon and verbally abused them regarding their sexual orientation or gender identity. Amnesty stated that at least 15 students reported mistreatment during medical examinations at a hospital following detention.

Protests continued throughout the year, mainly in Istanbul. Human Rights Watch estimated that police detained more than 700 protesters since January in at least 38 cities. Human rights groups reported police frequently used excessive force during detentions, injuring protesters. For example, in February, Human Rights Watch reported police kicking protesters who were not resisting arrest. Videos showed protesters’ significant injuries, such as broken teeth and lacerations. In April human rights groups reported that police grabbed some students by the throat and threw them to the ground (see additional information in section 2.a., Academic Freedom and Cultural Events).

The government asserted it followed a “zero tolerance” policy for torture and has abolished statute of limitations for cases of torture. In its World Report 2021, Human Rights Watch stated, “A rise in allegations of torture, mistreatment 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 included persons accused of political and common crimes. Prosecutors did 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 statistics from 2020, the government opened 2,199 investigations into allegations of torture and mistreatment. Of those, 917 resulted in no action being taken by prosecutors, 816 resulted in criminal cases, and 466 in other decisions. The government did not release data on its investigations into alleged torture.

NGOs and opposition politicians reported that prison administrators used strip searches punitively both against prisoners and visitors, particularly in cases where the prisoner was convicted on terrorism charges. The HRA documented 174 allegations of enforced strip searches in 2020. In a June report, the HRA’s Batman branch in the southeastern part of the country noted that prisoners reported strip searches during prison transfers, often executed with force that HRA alleged amounted to battery.

In February the family of the jailed former Peoples’ Democratic Party (HDP) mayor of Hakkari, Dilek Hatipoglu, alleged that security guards beat her after she refused to undress for a strip search. Press outlets reported that Hatipoglu had a black eye at a court hearing that she attended that month. In 2016 a court sentenced Hatipoglu to 16 years and three months in prison on terrorism charges.

Some military conscripts reportedly endured severe hazing, physical abuse, and torture that sometimes resulted in death or suicide. Human rights groups reported suspicious deaths in the military, particularly among conscripts of minority Alevi and Kurdish backgrounds. The government did not systematically investigate such incidents or release data on them. The HRA and HRFT reported at least 13 deaths of soldiers performing compulsory military service were the result of accidents or occurred under suspicious circumstances during the first 11 months of the year. In April an ethnically Romani soldier, Caner Sarmasik, committed suicide while on duty. A Romani NGO alleged Sarmasik’s commanders severely hazed him due to his Romani identity. Several opposition parliamentarians requested that the Ministry of Defense investigate the death. The government did not release information on its efforts to address abuse through disciplinary action and training.

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 with alleged ties to the Gulen movement or the PKK under terrorism-related charges, often with questionable evidentiary standards and without the full due process provided for under law (see sections 1.e. and 2.a.). Domestic and international legal and human rights groups criticized the judicial process in these cases, asserting that the judiciary lacked impartiality and that defendants were sometimes denied access to the evidence underlying the accusations against them.

On the fifth anniversary of the 2016 coup attempt in July, the Ministry of Interior announced that authorities had detained 312,121 and arrested 99,123 individuals since the coup attempt on grounds of alleged affiliation with the Gulen movement, which the government designated as a terrorist organization. Between July 2020 and July 2021, the government detained 29,331 and arrested 4,148 individuals for connections with the Gulen movement.

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.

The law provides for an independent judiciary, but 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 several problems that limited judicial independence, including intimidation and reassignment of judges and allegations of interference by the executive branch. Directly following the 2016 coup attempt, the government suspended, detained, or fired nearly one-third of the judiciary, who were accused of affiliation with the Gulen movement. The government in the intervening years filled the vacancies and expanded hiring of new personnel, increasing the overall number of judges and prosecutors to above precoup levels, but the judiciary continued to experience the effects of the purges. A 2020 Reuters international news organization analysis of Ministry of Justice data showed that at least 45 percent of the country’s prosecutors and judges had three years or less of legal professional experience.

A June survey by the research company KONDA found that 64 percent of respondents did not trust the justice system. Among those of Kurdish background, 85 percent responded they did not trust the justice system.

Observers raised concerns that the outcome of some trials appeared predetermined or pointed to judicial interference. Human rights groups reported that in politically sensitive cases, judges frequently barred journalists and observers from the courtroom, interrupted defendants’ statements, did not allow them to speak, or handed down a decision without listening to the defendant’s statement.

Prominent philanthropist and businessman Osman Kavala remained in prison at year’s end despite European Court of Human Rights (ECHR) rulings for his release and a 2020 acquittal decision. In December the Council of Europe Committee of Ministers voted to launch infringement proceedings in Turkey over the nonimplementation of the ECHR ruling in Kavala’s case. In August a court merged a case against him and eight others in connection with the 2013 Gezi Park protests with a case against the football fan club Besiktas Carsi. The Besiktas Carsi case involved 35 members of the club accused of various offenses related to the Gezi Park protests. In April the Court of Cassation, the country’s highest appeals court, overturned the 2015 acquittal of the 35 Besiktas Carsi members. Kavala was charged with espionage and “undermining the constitutional order” in connection with his alleged involvement in the 2016 coup attempt; “attempting to overthrow the government” in connection with the 2013 Gezi Park protests; and “membership in an armed group,” “resisting officers of the law,” “staging demonstrations in violation of the law,” and “possessing unlicensed weapons” in connection with the Besiktas Carsi case. Kavala’s lawyers argued that the philanthropist was not involved with Besiktas Carsi and was being prosecuted for political reasons.

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 ECHR decisions, despite the country’s obligation to do so as a member of the Council of Europe. According to the NGO European Implementation Network, the country has not implemented 64 percent of ECHR decisions from the previous 10 years. For example, it has not implemented the ECHR decision on the illegality of pretrial detention of former Constitutional Court judge Alparslan Altan, who was arrested and convicted following the 2016 coup attempt. In February the Court of Cassation upheld Altan’s 11-year prison sentence, and he remained in prison at year’s end. On December 8, President Erdogan stated that Turkey does not recognize ECHR rulings in the Osman Kavala and Selahattin Demirtas’ cases (see Political Prisoners and Detainees), and he described the rulings as “null and void.” He also stated, “We do not recognize the decision of the European Union [sic] above the decision of our judiciary.”

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 the MIT with the authority to collect information while limiting the ability of the public or journalists to expose abuses. Oversight of the MIT falls within the purview of the presidency and checks on MIT authorities are limited. The 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 the 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.

In February, Yuksel Kepenek, the CHP mayor of Honaz in Denizli Province, reported finding a listening device in his office. Kepenek blamed government authorities for installing the device.

Following the outbreak of COVID-19, the Ministry of Interior’s General Security Directorate announced it would monitor social media users’ posts that “disrupt public order” by spreading panic. The ministry gained the authority to search social media accounts as part of a “virtual patrol” for terrorist propaganda, insults, and other crimes in 2018. The Constitutional Court ruled in March 2020 that such surveillance was unconstitutional and that police must seek a court order to gather information on the identity of internet users or request user identity information from internet providers. The Ministry of Interior, however, continued to monitor social media accounts, and courts continued to accept evidence collected through the program. The ministry announced that it examined 5,934 social media accounts in the month of January and detained 118 individuals because of investigations. The ministry has not shared updated monthly information on social media account surveillance since January. Following the outbreak of massive wildfires in July, the minister of interior announced that the ministry examined 3,246 accounts for provocative information and took legal action against 172 users. The HRA reported that the Ministry of Interior examined a total of 98,714 social media accounts, detained 1,175 individuals, and arrested 52 because of the investigations in the first nine months of the year.

The law allows courts to order domestic internet service providers to block access to links, including to websites, articles, or social media posts. Authorities routinely blocked access to news sites. The NGO EngelliWeb reported that in 2020 authorities blocked 5,645 news site addresses on the internet. In 81 percent of the cases, site administrators removed the publication following the block.

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 Ministry of Interior 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 July the Constitutional Court ruled that the provisions of the Passport Law allowing the Ministry of Interior to cancel passports violated freedom of travel rights protected by the constitution. The court found that passport cancellations on terrorism grounds must be subject to judicial review. The Constitutional Court ruled that its decision will go into effect in July 2022 and obligated the executive branch to develop new regulations within that timeframe.

Government seizure and closure during the previous five years of hundreds of businesses accused of links to the Gulen movement created ambiguous situations for the privacy of client information.

Occasional clashes between Turkish security forces and the PKK and its affiliates in the country continued throughout the year 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. Portions of Hakkari Province and rural portions of Tunceli Province remained “special security zones” most of the year. PKK attacks claimed the lives of 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.

Turkish-supported Syrian armed opposition groups (TSOs) in northern Syria committed human rights abuses, reportedly targeting Kurdish and Yezidi residents and other civilians, including extrajudicial killings, the arbitrary detention and enforced disappearance of civilians, torture, sexual violence, forced evacuations from homes, looting and seizure of private property, transfer of detained civilians across the border into Turkey, recruitment of child soldiers, and the looting and desecration of religious shrines. One such group, Ahrar al-Sharqiya, allegedly committed serious human rights abuses, including abduction and torture, and was reportedly involved in looting private property from civilians and barring displaced Syrians from returning to their homes. Multiple credible sources also held the group responsible for the unlawful killing of Hevrin Khalaf, a Syrian Kurdish politician, in 2019. Ahrar al-Sharqiya also integrated numerous former ISIS members into its ranks.

A coalition of 34 NGOs assessed some TSO abuses were part of a systematic effort to enforce demographic change targeting Kurdish Syrians. The UN Commission of Inquiry for Syria reported on the frequent presence of Turkish officials in Syrian National Army (SNA) detention facilities, including in interrogation sessions where torture was used. The SNA is a coalition of TSOs. The justice system and detention network used by SNA forces reportedly featured “judges” appointed by Turkey and paid in Turkish lira, suggesting the SNA detention operations acted under the effective command of Turkish forces. The Commission of Inquiry for Syria asserted these and other factors reflected effective Turkish control over certain areas of Syria. The government denied responsibility for conduct by opposition groups it supported but broadly acknowledged the need for investigations and accountability related to such reports and asserted that the Turkish-supported SNA had mechanisms in place for investigation and discipline. (For more information, see the Department of State’s Country Reports on Human Rights for Syria).

Killings: According to the International Crisis Group, from mid-2015 to November 15, a total of 593 civilians and 226 individuals of unknown affiliation died in PKK-related fighting in the country and surrounding region.

The HRA reported that as of December, three civilians were killed during clashes between security forces and the PKK within the country’s borders.

The PKK kidnapped soldiers and police personnel as hostages in 2015 and 2016 and later took them to PKK camps in northern Iraq. In February the PKK killed the 13 unarmed hostages when the Turkish military launched a hostage rescue operation in northern Iraq’s Gara region.

PKK tactics reportedly included targeted killings and assault with conventional weapons, vehicle-borne bombs, and improvised explosive devices (IEDs). At times, IEDs or unexploded ordnance, usually attributed to the PKK, killed or maimed civilians and security forces. TSO clashes with groups the Turkish government considered to be affiliated with the PKK resulted in civilian deaths in Syria. (For more information, see the Department of State’s Country Reports on Human Rights for Syria).

Abductions: The PKK abducted or attempted to abduct civilians (see Child Soldiers, below).

Human Rights Watch and the Commission of Inquiry for Syria reported that SNA forces detained and unlawfully transferred Syrian nationals to Turkey. (For more information, see the Department of State’s Country Reports on Human Rights for Syria).

Physical Abuse, Punishment, and Torture: The UN Commission of Inquiry for Syria reported on the frequent presence of Turkish officials in TSO detention facilities, including in interrogation sessions where torture was used.

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.

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 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 between January 2014 and June 2020.

Human rights groups and international bodies reported the government provided operational, equipment, and financial support to an armed opposition group in Syria that recruited child soldiers (see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: Extensive damage stemming from government-PKK fighting led authorities in 2016 to seize certain properties in specific districts of the southeast. Authorities stated that the purpose of the seizures was to facilitate postconflict reconstruction. Many of these areas remained inaccessible to residents at year’s end. In Diyarbakir’s Sur District, the government had not returned or completed repairs on many of the seized properties, including the historic and ancient sites inside Sur, such as the 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 seized 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.

Government actions and adverse security conditions impacted individuals’ ability to exercise their freedoms, including limiting journalists’ and international observers’ access to affected areas, which made monitoring and assessing the aftermath of urban conflicts difficult.

a. Freedom of Expression, Including for Members of the Press and Other Media

The constitution and law provide for freedom of expression within certain limits. The government restricted freedom of expression, including for members of the press and other media, throughout the year. Multiple articles in the penal code directly restrict freedom of the press and other media and free speech through broad 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.

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 expression. Media professionals reported that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.

Freedom of Expression: 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. The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. The government frequently responded to expression critical of it by filing criminal charges alleging affiliation with terrorist groups, terrorism, or otherwise endangering the state (see National Security, below).

In March prosecutors filed an opinion seeking an eight-year prison sentence for CHP Istanbul provincial chair Canan Kaftancioglu in an appeals case 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 sentenced her to nearly 10 years’ imprisonment in 2018. In January prosecutors filed a separate indictment for “instigating the violation of privacy,” claiming that Kaftancioglu ordered photos of alleged illegal construction at the home of the Turkish Presidency’s communications director Fahrettin Altun. In October prosecutors also charged Kaftancioglu with “offending and insulting” Altun in relation to the same incident. In May, President Erdogan filed an insult lawsuit against Kaftancioglu, seeking 500,000 lira ($58,900) in damages for remarks she made in support of Bogazici University protesters. Kaftancioglu had pledged to “file a criminal complaint against the person who is occupying the presidential post,” referring to Erdogan.

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 noted that the law was used more to restrict freedom of speech than to protect minorities.

A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms on the floor of parliament, stating that parliamentarians could be reprimanded or temporarily expelled from the assembly; however, authorities did not uniformly implement this by-law.

Former Diyarbakir Bar Association chairman Ahmet Ozmen continued to face charges filed in 2019 stemming from 2017 and 2018 bar association statements titled “We share the unrelieved pain of Armenian people.” In April the Diyarbakir Bar Association reported that the Ministry of Interior launched an investigation after the bar association released a statement for Armenian Genocide Remembrance Day.

Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in their exercising enhanced caution in their public reporting.

Freedom of Expression for Members of the Press and Other 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.

Government prosecution of journalists limited media freedom throughout the year. In May the NGO Press in Arrest reported that prosecutors requested life sentences in 10 percent of cases filed against journalists since 2018. The NGO analyzed 240 press trials involving 356 journalists since 2018. In 60 percent (143) of the monitored cases, courts delivered prison sentences, ranging from 10 months’ to 19.5 years’ imprisonment. Prosecutors most frequently charged journalists with terrorism-related charges.

In January, Istanbul prosecutors filed terrorism propaganda charges against journalist Melis Alphan for sharing a picture on her social media account from the 2015 Newroz celebrations in majority-Kurdish Diyarbakir, which showed a PKK flag in the background. An Istanbul court acquitted Alphan in May, but prosecutors appealed. In July an appeals court ruled that Alphan should be retried. She faced up to seven-and-a-half years in prison.

In several cases the government barred journalists from travelling outside the country, including using electronic monitoring.

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.

The Committee to Protect Journalists reported that attacks on journalists were rarely prosecuted. Victims publicly expressed a belief that law enforcement agencies were not interested in prosecuting the crimes. In March a mob of 15 to 20 persons attacked Levent Gultekin, a columnist for online newspaper Diken and commentator for Halk TV, near the Halk TV studios. Both Diken and Halk TV are pro-opposition outlets. Following the attack, Gultekin shared that prior to the incident, he had received threats from supporters of a political party allied with the ruling party, referencing the Nationalist Movement Party. Police opened an investigation into the attack, and Justice Minister Abdulhamit Gul promised to take steps to improve security for journalists but did not provide details.

On March 9, a man approached the home of radio presenter Hazim Ozsu in Bursa and shot him in the throat. Police arrested the presumed killer six days later. During interrogation, the suspect stated he shot Ozsu because he objected to some of Ozsu’s on-air remarks.

CHP parliamentarian Utku Cakirozer reported that in July alone at least 18 journalists were subjected to violence as a result of their professional activities. In August a group attacked Halk TV journalists and crew during a live broadcast from Marmaris, threatening the cameraman with a broken bottle. The journalists were reporting on wildfires in the region. Police detained the assailants after they fled the scene but later released them. News reports alleged that one of the assailants was an official at the local AKP office.

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 June police forcefully detained Agence France-Presse photographer Bulent Kilic while he was covering the pride march in Istanbul. According to an interview with Kilic and photos from the scene, officers threw Kilic to the ground and kneeled on his back and neck. Kilic reported struggling to breathe. He was briefly detained before being released with no charge.

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. Authorities also exercised censorship over online media (see Internet Freedom, below, for details).

While the law does not prohibit particular books or publications, court decisions resulted in bans for distribution or sale of certain books and periodicals. Bookstores did not carry books by some opposition political figures.

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 Turkish Publishers 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 2020 a court ruled to ban the book The Political Branch of FETO in 21 Questions published by the CHP, which accused President Erdogan and other officials of cooperating with the Gulen movement. Prosecutors sought the ban based on insult charges and the charge of “provocation of the public to hatred and enmity.” The court decision barred future printing, distribution, and sale of the book and ordered confiscation of all copies already in print. In April the press reported that the now-banned book was cited as evidence in a prosecutorial request to the parliament to lift the parliamentary immunity of CHP leader Kemal Kilicdaroglu and seven other CHP members.

Some journalists reported their employers asked them to censor their reporting if it appeared critical of the government or jeopardized other business interests and 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.

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. The president of the country’s broadcasting authority, the Radio and Television Supreme Council (RTUK), told interviewers in April, “The political opposition wants to oppose [the government] in an uncontrolled manner. There are limits that cannot be surpassed.”

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. RTUK member Ilhan Tasci, who represented the CHP, reported that as of July, RTUK had imposed 22 penalties on pro-opposition outlets only, mainly Halk TV, TELE1, and FOX TV. RTUK did not impose any fines on progovernment outlets.

In August, RTUK sent a letter to broadcasters regarding coverage of massive wildfires that broke out in July. The letter directed broadcasters to cover successful extinguishing efforts in addition to covering ongoing fires or face “heavy sanctions.” RTUK subsequently imposed fines on six opposition broadcasters for their coverage of the fires.

In March, RTUK fined pro-opposition broadcasters Halk TV and TELE1 for “mocking religious beliefs and social values.” Halk TV incurred the penalty after a news commentator noted that the head of the Religious Affairs Directorate (Diyanet) Ali Erbas received medical care in more expensive private, rather than public hospitals. RTUK fined TELE1 because a newscaster used the term “Islamic terrorism.”

According to Committee to Protect Journalists reporting, during the state of emergency from 2016 to 2018, the government cancelled nearly 2,000 press cards and another 1,400 in 2020. In April the Council of State, the country’s top administrative court, ruled against the 2018 press card regulation that expanded government authority to cancel press accreditation cards. The court ruled that the regulation specified grounds for press card cancellation, such as “conduct against the public order or national security” and “behaviors that damage the professional dignity of journalism,” that were arbitrary and ambiguous. The court mandated revision of the regulations. In May the Presidency Communications Directorate announced new regulations that reinforced the directorate’s authority to cancel press cards if journalists create content that “praises terror, endangers national security or provokes animosity and hatred” and enabled cancellation of permanent credentials granted to journalists after 20 years of service. The Journalist’s Union of Turkey assessed that the new regulations endangered journalistic freedom by allowing the government to arbitrarily suspend press credentials. In December the Council of State suspended the application of the revised regulations, ruling that the Presidency Communication Directorate is not authorized to decide who will be given a press card or under what circumstances a press card can be cancelled.

Authorities also targeted foreign journalists. In March authorities blocked French freelance journalist Sylvain Mercadier from entering the country and deported him after detaining him overnight. Mercadier reported that police questioned him regarding his work and whether he focused on Kurdish issues. Mercadier intended to cover Newroz celebrations in Diyarbakir, among other topics. Immigration officials indicated public security as the reason for deportation in documentation provided to Mercadier.

Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism. 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.

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 44,717 individuals for insulting the president or the state in 2020; 10,629 stood trial and 3,655 were penalized. In July a court sentenced journalist Cem Simsek to 11 months and 20 days in prison for insulting the president in connection with a 2015 article analyzing cartoon drawings showing President Erdogan. Simsek was appealing the sentence at year’s end.

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 May, Istanbul prosecutors indicted journalist Deniz Yucel, formerly of the German newspaper Die Welt, on charges of “publicly degrading the Turkish nation and the state” in connection with two articles from 2016. In 2020 an Istanbul court convicted Yucel of “incitement to hatred” and spreading “terrorist propaganda” and sentenced him in absentia to two years and nine months in prison. An appeal was ongoing at year’s end.

In February a court sentenced CHP Aydin Province women’s branch president Ayse Ozdemir to 11 months’ imprisonment for “insulting the president” in connection with her participation in a 2020 performance to protest violence against women. Participants sang a viral Chilean feminist anthem during the performance. The court ordered a suspended sentence.

In April, President Erdogan signed a presidential order banning students convicted of insulting the president from staying in public university dormitories.

The government pursued an insult case against the Ankara Bar Association chair and executive board members for criticizing an anti-LGBTQI+ statement made by the head of the Religious Affairs Directorate (Diyanet) Ali Erbas in 2020. The Ankara Bar Association leaders faced a potential sentence of up to two years in prison for “insulting a public official due to his or her duty for expressing beliefs, thoughts and opinions.” Police separately launched investigations into the Izmir and Diyarbakir bar associations in relation to the same incident.

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.

Estimates of the number of imprisoned journalists varied, ranging from at least 18 according to the Committee to Protect Journalists to 37 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 to whom it has issued a press accreditation card (typically limited to reporters, cameramen, and editors working for print or broadcast outlets), media watchdog groups also included distributors, copy editors, layout designers, and other staff of media outlets, including digital outlets, in their definition. The Committee to Protect Journalists reported allegations from journalists that the process for receiving credentials was discriminatory and partisan, and NGOs estimated that only roughly one-quarter of the press corps were credentialed.

A study by the NGO Media and Law Studies Organization of 372 freedom of expression cases conducted from January to July found that in 58 percent of cases defendants faced charges related to terrorism. Prosecutors cited journalistic activities as evidence in 64 percent of cases where a press worker was a defendant.

In February an Istanbul court convicted the former HRA cochair Eren Keskin, two other former editors, and the former publisher of pro-Kurdish daily Ozgur Gundem on terrorism charges and sentenced them to jail terms ranging from 25 months to more than six years. In the same month hearings resumed in cases against four other journalists, including Erol Onderoglu, the Turkey representative of Reporters Without Borders, for “promoting terrorist propaganda” in a separate case related to Ozgur Gundem. In 2016 the defendants participated in a solidarity campaign with Ozgur Gundem, serving as the newspaper’s editors for one day each. Prosecutors subsequently filed charges against Onderoglu and other participants. Although an Istanbul court acquitted the four defendants in 2019, prosecutors subsequently appealed. Prosecutors sought up to 14 years in prison for the defendants in the resumed cases.

In March a court convicted an OdaTV news editor, Muyesser Yildiz, and TELE1 journalist, Ismail Dukel, for obtaining and disclosing confidential information. Yildiz was sentenced to two-and-a-half years’ imprisonment and Dukel to one year and 15 days. The journalists were tried in connection with telephone conversations they held with the third defendant in the case, a military officer, who allegedly provided them with information about Turkey’s intervention in Libya. The military officer received a sentence of seven-and-a-half years’ imprisonment.

In April the country’s highest appeals court ordered the release of prominent novelist and former editor of shuttered Taraf daily, Ahmet Altan. Police first detained Altan in 2016. Shortly before the appeals court’s decision, the ECHR ruled that the government violated Altan’s rights to liberty and security, right to fair and speedy proceedings, and freedom of expression. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” for alleged involvement in the 2016 coup attempt; he 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. Altan’s lawyers reported that the case against him was ongoing.

An unknown number of journalists were outside the country and did not return due to fear of arrest in connection with the 2016 coup attempt or other charges. Independent reports estimated the government has closed more than 200 media companies since 2016.

Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.

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.

b. Freedoms of Peaceful Assembly and Association

The government restricted the freedoms of peaceful assembly and association.

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 terrorism, links to the Gulen movement, or the failed 2016 coup attempt. 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 movement restrictions introduced as 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 individuals’ movement, 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.).

The Ministry of Interior and provincial governors instituted travel restrictions as anti-COVID-19 measures on several occasions throughout the year.

Conditional refugees and Syrians under temporary protection also experienced some restrictions on their freedom of movement (see section 2.f.).

Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of terrorism due to 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 without government permission. The government issued individual exit permissions for Syrians under temporary protection departing the country for the Eid holiday visit program to Syria, family reunification, health treatment, or permanent resettlement. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.

In 2019 the country’s Peace Spring military operation displaced more than 215,000 residents of villages along the country’s border with Syria in parts of Aleppo, al-Hasakah, and Dayr az Zawr. 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 because of the operation have returned according to February 2020 UN estimates, the latest available. 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 the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and international protection applicants and status holders and temporary protection beneficiaries.

The government took steps during the year to continue services provided to the approximately four million refugees and asylum seekers in the country, nearly 3.7 million of whom were Syrians, despite a number of economic, political, and social challenges. Amidst growing antirefugee sentiment and following attacks against Syrians in an Ankara neighborhood in August, the government announced in September the closure of Ankara Province to temporary protection registration for Syrians (joining at least 15 other provinces in the country). The Presidency of Migration Management (PMM), previously known as the Directorate General for Migration Management, reported that the government apprehended 122,302 individuals in 2020, either for staying in Turkey without proper documentation or trying to enter or exit Turkey irregularly. The PMM reported that 50,161 of those apprehended were Afghan nationals. The government did not provide official data on the number of “irregular migrants” deported to their countries of origin. A spokesperson for the Ministry of Interior stated that the government prevented the illegal entry of more than 505,000 foreign nationals.

Increased border surveillance and protection measures by security services along the eastern border areas with Iran prevented individuals, particularly Afghans, from accessing international protection in some cases. Media reports alleged authorities executed pushbacks back to Iran of individuals trying to access Turkey, with no opportunity provided to access the asylum procedures, deportation proceedings, or the right to appeal deportation as provided in the law. UNHCR continued to engage with Turkish authorities to support the implementation of the legal framework that provides for access to international protection, in line with relevant national and international commitments.

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 and provided international protection to asylum seekers of other nationalities. Individuals recognized by the government for temporary protection (Syrians) or international protection (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 regular access to removal centers where foreigners, including persons under temporary and international protection, were detained. UNHCR continued to work together with the government to ensure access to asylum procedures for persons in need of protection, including through access to information, interpretation, and legal aid. A 2016 agreement between the EU and Turkey allowed some migrants arriving in Greece to be returned to Turkey in particular circumstances, but the Turkish government has not accepted any returns under this framework since the COVID-19 pandemic began.

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, as of December 2020, five were open for limited humanitarian, commercial, and individual crossings, and four additional gates required permission from authorities for all movements. Of the five open crossings, one permitted UN humanitarian cargo to transit the border. During the first half of the year, a second border crossing, which had previously allowed UN humanitarian movements, prohibited such crossings beginning in July per UN Security Council Resolution 2533.

Since 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting their ability to obtain access to social services, including education and medical care in these areas, unless they relocate to a city where they can register. Large cities such as Istanbul and Ankara also limited registration. 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 was allowed under the country’s regulations but was often necessary to survive without depending on humanitarian or government assistance.

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. The government continued efforts to deport those it claimed entered the country illegally, particularly non-Syrians, as well as those it deemed to pose security threats before they were granted status-determination interviews by Turkish migration authorities.

As of September 30, UNHCR intervened in incidents of detention of 1,160 persons of various nationalities that had been brought to its attention. The majority were Syrian nationals (710 persons), Afghans (219 persons), and Iranians (150 persons). Of those known incidents of detention in which UNHCR intervened, two persons were reportedly returned, against their will, to their country of origin. Information concerning individuals who were reportedly no longer in the country could not be verified.

In 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 complying with the obligations of registration procedures, being in another city without authorization, working without a permit, entry ban, rejection of request for temporary protection), or criminal acts.

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. In October the PMM announced it would deport seven Syrian refugees because of their provocative social media posts; the Syrians had posted videos of themselves eating bananas in response to a Turkish citizen’s comment that he could not afford to buy bananas because of the poor economy, while alleging Syrian refugees were buying the fruit “by the kilo.” Refugee rights NGOs criticized the government’s decision as “illegal,” arguing that “provocative social media posts” cannot be ground for deportation under the law.

Abuse of Migrants and Refugees: Due to strict border control measures as well as intercity travel bans through June 1 due to COVID-19, migration into and through the country remained low in the first half of the year; however, stricter controls increased the danger for migrants and refugees attempting to travel.

After the fall of Kabul to the Taliban in August contributed to fears of a possible refugee influx to Turkey, authorities engaged in pushbacks, including multiple reports by international media of alleged violence and forced returns to Iran of Afghans and other asylum seekers attempting to enter the country.

While conditions in the border area between Greece and Turkey were calmer than in early 2020, migrants and asylum seekers still experienced severe mistreatment when attempting to cross the border. Amnesty International alleged the country violated the rights of migrants and asylum seekers on the border by encouraging some persons to attempt to cross the border again and by failing to rescue those stranded in the river in a timely manner. International media and UN agencies also documented similar mistreatment of migrants and asylum seekers in the Aegean Sea between Greece and Turkey.

In September, one UN agency reported eight migrants died in Turkish waters while trying to cross the sea into Europe from Turkey. There were 43 deaths recorded along the Greece-Turkey land border, according to the agency, of which 36 were drownings in the Meric River; three other migrants were found dead in forests, two died from traffic accidents, and two others were beaten or shot dead.

A total of 21 civil disturbance incidents involving refugees were reported by media in 2020, an increase from nine such incidents reported in 2019. Tensions escalated in the Ankara neighborhood of Altindag following the death in August of an 18-year-old Turkish national who was wounded in a fight between Turkish and Syrian youths. This incident prompted hundreds of individuals to gather in the neighborhood, where they attacked Syrians’ homes and businesses and shouted nationalist slogans. At least six Syrian refugees were injured. Authorities deployed more than 1,000 police officers to the district. According to Ankara law enforcement authorities, police detained nearly 150 individuals in the following days for instigating violence on social media and participating in the riots. Some were subsequently arrested.

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.

UN agencies reported there were LGBTQI+ asylum seekers and conditional refugees in the country – most coming from Iran, Afghanistan, and Iraq – and LGBTQI+ individuals from Syria under temporary protection status. 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 LGBTQI+ community. Many experienced gender-based violence. Commercial sexual exploitation also remained a significant problem in the LGBTQI+ refugee community, particularly for but not limited to transgender persons.

Freedom of Movement: Authorities assigned non-Syrians to one of 62 “satellite cities,” where they were expected to receive services from local authorities under the responsibility of provincial governorates. These international protection applicants and status holders were required in some provinces 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 provinces listed on their registration cards without permission. International protection applicants and status holders and temporary protection beneficiaries could request permission to travel or to transfer their registration through the PMM. Certain provinces did not accept travel permission requests or transfer of registration.

The PMM operated seven refugee camps, which the government called temporary accommodation centers, in five provinces. As of early December 2020, there were nearly 60,000 Syrians in the accommodation centers, a slight decline from the previous year. While more than 98 percent of Syrians under temporary protection live integrated in communities across the country’s 81 provinces, some Syrians elected to remain in the camps, usually because they were elderly, had disabilities, or felt they might not successfully transition to living outside the camps. Syrians living in camps required permission from camp authorities to leave the camps.

Employment: The law allows both international protection applicants and status holders (mostly non-Syrians) and temporary protection beneficiaries (mostly Syrians) the right to work, provided they were registered for six months in the province where they wished to work. Most did not have access to regular or skilled work. Conditions further deteriorated during the COVID-19 pandemic as overall unemployment rates in the country rose sharply. 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 anyone who required a special permit. The vast majority of both international protection applicants and status holders and temporary protection beneficiaries 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 2019 only an estimated 140,319 Syrians in the country had formal work permits according to the Ministry of Labor and Social Security.

Access to Basic Services: International protection applicants and status holders lose access to subsidized health care after one year residing in the country. 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. Temporary protection beneficiaries (3.7 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 June the Ministry of National Education reported that 771,458 of the school-age refugee children in the country were in school, a significant increase from prior years. More than 400,000 remained out of school. According to UNICEF since 2017, a total of 700,097 refugee children received monthly cash assistance for education through the Conditional Cash Transfer for Education Program for Syrians and other refugees, implemented through a partnership among the Ministry of Family and Social Services, the Ministry of National Education, the Turkish Red Crescent and UNICEF, and funded by international donors.

Provincial governments, working with local NGOs, were responsible for meeting the basic needs of international protection applicants and status holders and temporary protection beneficiaries 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 vulnerable persons varied widely. NGO staff members reported individual cases of refugees being refused health-care services.

Children of unregistered migrants, including asylum seekers, were unable to attend Turkish schools, leaving many in vulnerable situations. Some NGOs also reported some local authorities started to enforce residency requirements for registered refugees, refusing to enroll children in school if outside their place of residency in Turkey and thereby contributing to school dropouts.

Durable Solutions: The law does not provide for naturalization or resettlement within the country for international protection applicants and status holders or temporary protection beneficiaries, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. Temporary protection beneficiaries or international protection status holders could only access naturalization through marriage to a Turkish citizen or through an exceptional circumstances allowance. According to a December 2019 Ministry of Interior statement estimate (the most recent estimate available), 110,000 Syrian nationals had been granted Turkish citizenship. The statement did not specify the timeline nor the process for having obtained the Turkish citizenship.

As of October 25, UNHCR, in cooperation with the PMM, observed the spontaneous voluntary return interviews of 18,700 Syrian individuals in 15 provinces, where 90 percent of the refugee population resided. The total number of voluntary return interviews observed by UNHCR since 2016 was close to 120,000 individuals. UNHCR could not confirm the authorities’ estimate for voluntary returns to Syria. Through June the PMM suspended voluntary repatriation due to COVID-19 measures. Amnesty International reported in September that former refugees who returned voluntarily to Syria were subjected to detention, disappearance, and torture, including sexual violence.

UNHCR continued to work closely with Turkish authorities as well as resettlement countries to identify, assess, and process refugees for resettlement considerations. Due to the pandemic and related restriction of movement, the PMM facilitated UNHCR interviews of refugees by providing government facilities across the country, enabling resettlement processing to continue, with the required COVID-19 prevention measures and also remotely, when needed, through most of the first half of the year. As of August 31, a total of 5,607 refugees were submitted for resettlement and 4,666 refugees departed the country for resettlement.

The government did not keep figures for stateless persons. The government provided documentation for children born to international protection applicants and status holders and temporary protection beneficiaries, although statelessness remained an increasing concern for these children, some of whom could receive neither Turkish citizenship nor documentation from their parents’ home country. As of October there were 508,513 Syrian children younger than age four in the country, according to the PMM.

Although the constitution and law provide citizens the ability to change their government through free and fair elections based on universal and equal suffrage conducted by secret ballot, the government restricted equal competition and placed restrictions on the fundamental freedoms of assembly and expression (see section 2.b., Freedom of Assembly). The government restricted the activities of opposition political parties, leaders, and officials, including through police detention. Several parliamentarians remained at risk of possible prosecution after parliament lifted their immunity in 2016.

Elections and Political Participation

Recent Elections: In 2018 the country held early parliamentary and presidential elections that originally had been scheduled for late 2019. The elections completed a constitutional amendment process that began with the 2017 national referendum, the passing of which initiated the country’s official transition from a parliamentary system to a presidential one. The campaign and election both occurred under a state of emergency that had been in place since 2016 and that granted the government expanded powers to restrict basic rights and freedoms, including those of assembly and speech. While most candidates generally were able to campaign ahead of the elections, the HDP’s presidential candidate remained in prison during the campaign and the candidate for the IYI (Good) Party faced a de facto media embargo. Despite the ability to campaign, the observation mission of the Organization for Security and Cooperation in Europe (OSCE) noted the elections were held in an environment heavily tilted in favor of the president and the ruling party, stating, “The incumbent president and his party enjoyed a notable advantage in the campaign, which was also reflected in excessive coverage by public and government-affiliated private media.”

Media coverage of the 2018 parliamentary and presidential candidates similarly overwhelmingly favored the president and ruling party. For example, according to a member of the Radio and Television Supreme Council, between May 14 and May 30 of 2018, Turkish Radio and Television broadcast 67 hours of coverage on President Erdogan, seven hours on CHP candidate Muharrem Ince, 12 minutes on IYI candidate Meral Aksener, eight minutes on Felicity Party candidate Temel Karamollaoglu, and no coverage of HDP candidate Selahattin Demirtas. Many opposition parties relied instead on social media to connect with supporters.

The period between the April 2018 announcement of early elections and the vote saw several attacks on political party offices, rallies, and members, including some incidents that led to death and serious injury. Violence most targeted the HDP and its campaigners. Opposition party members faced frequent accusations from the highest levels of government of alleged terrorism-related crimes. Several opposition candidates for parliament continued to face legal charges in connection with such claims, and HDP presidential candidate Demirtas was in prison during the campaign. The OSCE noted that key amendments were adopted within months of the early elections without consultation and were perceived as favoring the ruling party.

There were allegations of electoral irregularities primarily in the east, which some tied to unanticipated levels of success for the AKP and associated parties.

In March 2019 the country held municipal elections for thousands of seats, ranging from local neighborhood council seats to metropolitan mayors. The campaign occurred in a media environment that was heavily biased in favor of the government. Progovernment outlets and ruling party incumbents criticized opposition leaders and candidates by alleging they had links to terrorism.

Council of Europe observers stated the elections were conducted in a technically sound and orderly manner but noted that a genuinely democratic election also needed a political environment with genuine freedom of expression, media freedom and equal access to all parties, and a fair and reasonable legal framework overseen by a robust judiciary.

After the Supreme Electoral Council (YSK) initially declared opposition candidate Ekrem Imamoglu the winner of the March 2019 mayoral race in Istanbul, the YSK ordered a rerun of the race in response to ruling party claims of election irregularities. The rerun decision attracted criticism from the European Commission, the Council of Europe, and many others, who asserted the YSK made the decision in a highly politicized context and under pressure from the presidency. In June 2019 Imamoglu won the election re-run and assumed office. The municipal campaigns and elections occurred in an environment of restricted basic rights and freedoms, including those of assembly and speech. While most candidates were generally able to campaign ahead of the elections, government officials threatened multiple candidates and party leaders with criminal charges. For example, a prosecutor revived a resolved legal case against the opposition candidate for Ankara mayor, Mansur Yavas; and President Erdogan publicly raised doubts regarding Yavas’s ability to fulfill his term should he be elected mayor because of the pending case. In September 2019 the court acquitted Yavas. The YSK unseated some winners of the 2019 municipal elections, including six winning HDP mayors, by finding them ineligible to serve after it had initially cleared their eligibility for candidacy.

All parties alleged irregularities in the voter lists, which they complained included “ghost voters” (one “ghost” registrant was older than 130) or legally deceased individuals, and suspicious residency claims.

Media coverage overwhelmingly favored the candidates of the ruling party and its coalition and election ally, the Nationalist Movement Party. For example, according to a member of the national broadcasting regulator during the 57-day period prior to the elections, state-run Turkish Radio and Television devoted 150 hours of coverage to the AKP, 50 hours to the CHP, and three hours to the HDP. Many opposition parties relied instead on social media to connect with supporters.

The pre-election period saw several attacks on political party offices, rallies, and members, including some incidents that led to death and serious injury. Opposition party members faced frequent accusations from the highest levels of government of alleged terrorism-related crimes. In April 2019 a crowd assaulted CHP chair Kemal Kilicdaroglu during the funeral ceremony for a soldier killed by the PKK. The attack followed statements by President Erdogan and the chair of AKP’s parliamentary alliance partner, the Nationalist Movement Party, accusing the CHP of sympathizing and collaborating with “PKK terrorists” during the municipal election campaigns due to its affiliation with the HDP. In February prosecutors filed an indictment against 21 individuals involved in the attack.

Political Parties and Political Participation: In parliament 14 political parties held seats, and others were able to participate in elections. Some parties enjoyed greater advantages than others. Media influence favored the ruling party and its alliance partner, the Nationalist Movement Party. Representatives expressing views critical of the government or President Erdogan have faced criminal or civil charges. HDP representatives faced significant legal challenges to their ability to campaign, express opinions, and retain their mandate. The party faced a closure suit brought by the government. The government used opposition leaders’ social media postings to file criminal and civil complaints against them, alleging the defendants insulted the president and spread terrorist propaganda.

In March prosecutors filed a lawsuit to close the HDP, the third-largest party in parliament, and ban 687 HDP members from politics for five years. The Constitutional Court returned the indictment due to procedural deficiencies. In June the Constitutional Court accepted an amended indictment. The updated indictment sought political bans for 451 HDP members, including the party’s top leaders. The indictment alleged the HDP provided support to the PKK. The case was ongoing at year’s end.

During the year restrictive government regulations constrained the ability of many among the opposition to conduct political activities such as organizing protests or political campaign events and sharing critical messages on social media. In February police blocked HDP cochair Pervin Buldan from holding a press conference at a border gate in Van Province, citing COVID-19 measures. Police stopped Buldan and her delegation from proceeding to the gate and blocked journalists from recording the incident.

The government also suspended democratically elected mayors in multiple cities and municipalities in the southeast and in their place assigned state “trustees” when the former were accused of (but not necessarily convicted of) affiliation with terrorist groups. The government most commonly directed these tactics against politicians affiliated with the leftist pro-Kurdish HDP and its partner, the Democratic Regions Party. The government suspended 81 percent of HDP mayors elected in the March 2019 municipal elections. Since 2016 the government has removed 88 percent of elected HDP officials. Former HDP cochairs Demirtas and Figen Yuksekdag remained in prison (see section 1.e., Political Prisoners and Detainees).

The HDP blamed intensified government rhetoric linking the HDP with PKK terrorism for provoking armed attacks on HDP offices. In June an assailant shot and killed Deniz Poyraz, the daughter of an HDP volunteer at a party office in Izmir. The assailant claimed he would have harmed more individuals had they been present and stated he was motivated by hatred for the PKK. The family of Deniz Poyraz filed a criminal complaint against police officers, alleging that they received security intelligence regarding the attack but failed to prevent it.

In July an assailant entered the HDP office in Marmaris early in the morning and fired more than 100 shots. In December an assailant attacked an HDP office in Istanbul, wounding two employees with a knife. Police arrested suspects in all three cases. Four others allegedly involved in the Marmaris attack were detained and released shortly thereafter under judicial control.

Shortly following the attack on HDP offices in Izmir, police detained two persons for throwing Molotov cocktails at an AKP office in Diyarbakir and four for a similar attempted attack in Agri. Some AKP officials attributed the attacks to retaliation for preceding attacks on HDP offices.

Opposition party officials reported difficulty raising campaign donations from individuals and businesses, which reported they feared reprisals from the government. Some company employees seen by their management as supporting opposition parties, especially the HDP, claimed they faced adverse treatment, including termination of employment.

Participation of Women and Members of Minority Groups: No laws limit the participation of women or members of minority groups in the political process. Some individuals advocating for political rights or associated with the HDP, however, experienced increased government pressure or were accused of ties to the PKK. According to the Association to Support Women Candidates, the number of women participating in the 2019 municipal elections as candidates at the mayoral, district mayoral, and metropolitan city levels was between 7.5 percent and 8.5 percent. For example, 652 of 8,257 (7.9 percent) mayoral candidates in the 2019 elections were women. Of the 1,389 newly elected mayors at the district level or higher, 37 were women. The number of women in the judiciary also remained disproportionately low. As of January, 36 percent of judges and prosecutors were women. As of year’s end, there were 101 women in the 600-member parliament. The greatest number of elected female mayors were in the southeast and ran on leftist and pro-Kurdish party tickets.