Turkey is a constitutional republic with an executive presidential system and a unicameral 600-seat parliament (the Grand National Assembly). In presidential and parliamentary elections in 2018, Organization for Security and Cooperation in Europe observers expressed concern regarding restrictions on media reporting and the campaign environment, including the jailing of a presidential candidate, that restricted the ability of opposition candidates to compete on an equal basis and campaign freely.
The National Police and Jandarma, under the control of the Ministry of Interior, are responsible for security in urban areas and rural and border areas, respectively. The military has overall responsibility for border control. Civilian authorities maintained effective control over law enforcement officials, but mechanisms to investigate and punish abuse and corruption remained inadequate. Members of the security forces committed some abuses.
Under broad antiterror legislation passed in 2018, the government continued to restrict fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended tens of thousands of civil servants and government workers, including more than 60,000 police and military personnel and more than 4,000 judges and prosecutors, arrested or imprisoned more than 95,000 citizens, and closed more than 1,500 nongovernmental organizations on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accused of masterminding the coup attempt and designated as the leader of the “Fethullahist Terrorist Organization.”
Significant human rights issues included credible reports of: arbitrary killings; suspicious deaths of persons in custody; forced disappearances; torture; arbitrary arrest and continued detention of tens of thousands of persons, including opposition politicians and former members of parliament, lawyers, journalists, human rights activists, and employees of the U.S. Mission, for purported ties to “terrorist” groups or peaceful legitimate speech; political prisoners, including elected officials; politically motivated reprisal against individuals located outside the country, including kidnappings and transfers without due process of alleged members of the Gulen movement; significant problems with judicial independence; support for Syrian opposition groups that perpetrated serious abuses in conflict, including the recruitment and use of child soldiers; severe restrictions on freedom of expression, the press, and the internet, including violence and threats of violence against journalists, closure of media outlets, and arrests or criminal prosecution of journalists and others for criticizing government policies or officials, censorship, site blocking, and criminal libel laws; severe restriction of freedoms of assembly, association, and movement, including overly restrictive laws regarding government oversight of nongovernmental organizations and civil society organizations; some cases of refoulement of refugees; serious government harassment of domestic human rights organizations; gender-based violence; crimes involving violence targeting members of national/racial/ethnic minority groups; crimes involving violence against lesbian, gay, bisexual, transgender, queer, and intersex persons.
The government took limited steps to investigate, prosecute, and punish members of the security forces and other officials accused of human rights abuses; impunity remained a problem. The government took limited steps to investigate allegations of high-level corruption.
Clashes between security forces and the Kurdistan Workers’ Party terrorist organization and its affiliates continued and resulted in the injury or death of security forces, terrorists, and civilians. The government did not release information on efforts to investigate or prosecute personnel for wrongful or inadvertent deaths of civilians linked to counterterrorism operations.
Section 1. Respect for the Integrity of the Person
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.
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.
Prison and Detention Center Conditions
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 Council of Europe’s Committee for the Prevention of Torture (CPT) found could be considered inhuman and degrading in its 2017 and 2019 visits. 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. According to the Ministry of Justice, as of March the country had 374 prisons with a capacity for 250,756 inmates and an estimated total inmate population of 283,481.
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 NGO Civil Society in the Penal System estimated that as of August, 345 children were being held with their mothers. Pretrial detainees were held in the same facilities as convicted prisoners.
The government did not regularly release data on inmate deaths due to physical conditions or actions of staff members. In February the Ministry of Justice announced 50 prisoners had died of COVID-19 since the start of the pandemic. The Ministry of Justice has not released updated figures on prisoner deaths due to COVID-19.
In December the HRA reported 28 deaths in prison related to illness, violence, or other causes.
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 health risks from the COVID-19 pandemic. NGOs reported that prisoners feared reporting health problems or seeking medical care, since a positive COVID-19 result would lead to a two-week quarantine in solitary confinement. The NGO Civil Society in the Penal System reported prison facilities did not allow for sufficient social distancing due to overcrowding and that prison administrators did not provide regular cleaning and disinfection services. Prisons also did not provide disinfectant, gloves, or masks to prisoners, but instead sold them at commissaries. According to a March survey of prisoners by the NGO Media and Law Studies Association conducted in five facilities, 56 percent of respondents reported not having sufficient hygienic supplies during the pandemic.
According to Ministry of Justice prison and correctional facilities statistics, as of September there were seven medical doctors, 154 dentists, 81 nurses, 839 psychologists, and 444 other health workers serving the prison population. Human rights associations expressed serious concern regarding the inadequate provision of health care to prisoners, particularly the insufficient number of prison doctors. NGOs reported that prison wardens rather than health-care officials often decided whether to allow a prisoner’s transfer to a hospital.
Reports by human rights organizations suggested that some doctors refused to issue medical reports alleging torture due to fear of reprisal. As a result, victims were often unable to get medical documentation of their abuse.
Chief prosecutors have discretion, particularly under the wide-ranging counterterrorism law, to keep prisoners 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’s Commissioner for Human Rights, and the UN Working Group on Arbitrary Detention.
The government did not allow NGOs to monitor prisons. NGOs such as the HRA and Civil Society 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 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.
Arrest Procedures and Treatment of Detainees
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.
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, for fear of government reprisal, including prosecution. Many lawyers defending persons accused of terrorism have faced criminal charges themselves. 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. Government intimidation of defense lawyers also at times involved nonterror cases.
According to human rights organizations, as of January authorities had prosecuted more than 1,600 lawyers, arrested 615, and sentenced 450 to lengthy prison terms on terrorism-related charges since the 2016 coup attempt. Of the arrested lawyers, 15 were active or former presidents of provincial bar associations. In May prosecutors opened a terrorism investigation into lawyer and former president of the Diyarbakir Bar Association, Cihan Aydin, based on a 2019 statement of the bar association’s Women’s Rights Center calling for an end to the country’s military action in Syria and for diplomatic resolution of the conflict. The International Committee of Jurists and other human rights groups called for authorities to stop prosecution of Aydin.
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.
The deputy chair of the Parliamentary Commission on Human Rights, Sezgin Tanrikulu, a member of the Republican People’s Party (CHP), reported that in February individuals identifying themselves as police detained one member of the Workers’ Party of Turkey and two members of a student organization, forced them into a car, and interrogated them for hours.
In April a doctor at a state hospital in Osmaniye Province reported that he was arrested after refusing to treat a public prosecutor who did not have an appointment. The public prosecutor threatened the doctor, who later received a summons to the courthouse where he was detained and released on the same day. The doctor filed a complaint against the prosecutor. The Adana Chief Public Prosecutor’s Office, responsible for the district, decided not to pursue the complaint after reviewing the file.
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 terrorism-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.
According to May statistics of the Ministry of Justice, 38,034 persons were held in pretrial detention, accounting for approximately 13 percent of the overall prison population.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees’ lawyers may appeal pretrial detention, although antiterror laws limited 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 have the right to a review in person with a lawyer before a judge every 90 days to determine if they should be released pending trial.
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.
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. COVID-19 preventative measures exacerbated these issues.
e. Denial of Fair Public Trial
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.”
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. In several high-profile cases, defendants 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.” Attendance of observers and witnesses in the courtroom was also limited during the year due to COVID-19 countermeasures. 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 or while the defendants’ voice was not heard 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 the use of evidence from, or to provide information about, secret witnesses during open court proceedings and in interactions with defense.
Political Prisoners and Detainees
The number of political prisoners remained a subject of debate at year’s end. 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. NGOs estimated that at least 8,500 individuals were held in pretrial detention or were imprisoned following conviction for alleged links with the PKK. Some observers considered some of the individuals detained on terrorism or other charges to be political prisoners, particularly when charges stemmed from affiliation with the Gulen movement or journalistic work, a position the government disputed.
Prosecutors used a broad definition of terrorism and threats to national security and, according to defense lawyers and opposition groups, in some cases used what appeared to be legally questionable evidence to file criminal charges against and prosecute a broad range of individuals, including media workers, human rights activists, opposition politicians (primarily of the HDP), suspected PKK sympathizers, alleged Gulen movement members or affiliates, and others critical of the government. In some cases charges resulted in government seizure of company, charity, or business assets.
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.
As of year’s end, seven former HDP parliamentarians and six 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 incarcerated for a variety of charges related to terrorism and political speech. 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. Six additional HDP mayors were not permitted to assume office following the 2019 elections on the grounds that they had been dismissed from their public jobs by governmental decrees. 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. Of the suspended mayors, authorities arrested 39. By August 2019 the government had suspended most of the mayors elected in the southeast in March 2019, including the HDP mayors of the major southeastern cities Diyarbakir, Mardin, and Van. The government suspended most mayors for ongoing investigations into their alleged support for PKK terrorism, largely dating to before their respective elections.
The Ankara Chief Prosecutor’s Office continued prosecution of 108 individuals, including former HDP cochairs Selahattin Demirtas and Figen Yuksekdag and other officials of the HDP and the HDP’s sister party, the Democratic Regions Party, for their alleged instigation of violence in the 2014 Kobane protests. A total of 28 defendants were arrested and held in detention at the start of the case. The Kobane protests erupted over perceived government inaction in response to the Islamic State of Iraq and Syria (ISIS) takeover of the majority-Kurdish town of Kobane, Syria, and resulted in at least 37 deaths, including of two police officers. In February prosecutors submitted a summary of proceedings to lift the parliamentary immunity of nine HDP parliamentarians, including cochair Pervin Buldan in connection with the Kobane protest charges. In June the court ruled for the release with an international travel ban of former Kars comayor Ayhan Bilgen, arrested in 2020, and three other defendants in the case. Court proceedings continued at year’s end. Prosecutors charged the defendants with “disrupting the unity and territorial integrity of the state,” multiple counts of homicide and attempted homicide, and insult charges.
Former HDP cochair and presidential candidate Demirtas remained in prison on terrorism charges in connection with the Kobane case, despite 2018 and 2020 ECHR rulings for his release. He has been imprisoned since 2016. In April a court granted the prosecutors’ request to merge the case against Demirtas with the main Kobane case. In March in a separate case, a court sentenced Demirtas to three-and-a-half years in prison for insulting President Erdogan during a 2015 speech. In 2020 the Constitutional Court ruled that Demirtas’s lengthy pretrial detention violated his rights, but he was not released on the basis of an investigation into the Kobane case.
In March parliament expelled HDP member Omer Faruk Gergerlioglu after the country’s top appeals court upheld his sentence for “propagandizing for a terrorist organization.” In 2018 Gergerlioglu was sentenced to two years and six months in prison in connection with social media posts made in 2016. Police arrested Gergerlioglu in April, who was briefly hospitalized before transferring to prison. In July the Constitutional Court ruled that Gergerlioglu’s conviction violated his “right to be elected and to engage in political activities” and his “right” to personal liberty and security. Authorities released him from prison. Gergerlioglu regained his status and rejoined the parliament the same month.
In January the Constitutional Court ruled for a second time in favor of CHP parliamentarian Enis Berberoglu after a lower court refused to implement its earlier September 2020 ruling. Parliament expelled Berberoglu in June 2020 after a conviction for revealing MIT activities in Syria. Similar to its September 2020 ruling, the Constitutional Court’s January ruling found the government’s handling of Berberoglu’s case had violated his rights to be elected and to engage in political activities and his right to personal liberty and security. Berberoglu regained his parliamentary status in February.
Students, artists, and association members faced criminal investigations for alleged terrorism-related activities. 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 limiting access to family and degrading treatment by prison guards, including strip searches.
Politically Motivated Reprisal against Individuals Located Outside the Country
The government engaged in a worldwide effort to apprehend suspected members of the Gulen movement. There were credible reports that the government exerted bilateral pressure on other countries to take adverse action against specific individuals, at times without due process. According to a report by several UN special rapporteurs in May 2020, the government reportedly coordinated with other states to forcibly transfer more than 100 Turkish nationals to Turkey since the 2016 coup attempt. The UN rapporteur’s report specified that 40 individuals were subjected to enforced disappearance. In its February report on transitional repression, Freedom House documented 58 cases of individuals whom Turkey renditioned from 17 countries since 2014 but assessed that additional cases were not documented by public sources. Freedom House has concluded that since 2014 Turkey carried out the highest number of renditions without due process in the world.
Extraterritorial Killing, Kidnapping, Forced Returns, or Other Violence or Threats of Violence: There were credible allegations that Turkish intelligence forces kidnapped alleged members of the Gulen movement in third countries and returned them to Turkey to stand trial.
In July, President Erdogan announced that Turkish intelligence forces captured and returned to Turkey from the Kyrgyz Republic Orhan Inandi, the head of the Gulen-movement-associated Sapat educational network. Inandi is a dual citizen of Turkey and the Kyrgyz Republic. Inandi’s wife reported him missing in May, and he was considered a missing person until Turkish authorities announced he was in their custody. The Kyrgyz Ministry of Foreign Affairs stated that Kyrgyz authorities did not cooperate or have knowledge of Inandi’s rendition and urged Turkey to return Inandi. A lawyer for the Inandi family alleged Inandi was tortured and that his arm was broken while his whereabouts were unknown.
In May authorities released a statement that Selahaddin Gulen, the nephew of Fethullah Gulen whom the government blamed for the 2016 coup attempt, was in government custody after he was captured by the country’s intelligence forces in another country. Gulen vanished in Kenya earlier in May. Human Rights Watch reported that Kenyan police arrested Gulen in October 2020 because of an INTERPOL red notice from Turkey and opened extradition proceedings against him. The INTERPOL red notice reportedly related to a child molestation charge against Gulen. Once in Turkey, Gulen faced charges of managing an armed terrorist organization. Human Rights Watch further reported Gulen sought asylum in Kenya and that a Kenyan court ordered a ruling halting deportation proceedings in March. Kenyan authorities did not confirm their involvement in the rendition.
Threats, Harassment, Surveillance, and Coercion: Relatives of individuals who fled the country for fear of politically motivated abuse reported that security forces used threats and intimidation to pressure them to reveal the individual’s location or encourage them to return to Turkey.
Misuse of International Law-enforcement Tools: There were 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 have led to individuals’ detention or prevented them from traveling.
In June an Istanbul court upheld an extradition order for Can Dundar, the former editor in chief of the newspaper Cumhuriyet, convicted and sentenced in absentia to 27 years’ imprisonment for reporting on alleged illicit arms shipments by Turkish intelligence officers to Syria. Dundar lived in exile in Germany. The court also approved a Ministry of Justice request to seek an INTERPOL red notice for Dundar.
Efforts to Control Mobility: 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 their countries of residence.
Bilateral pressure: There was evidence the government applied bilateral pressure on other countries to secure their assistance with renditions without full due process.
Civil Judicial Procedures and Remedies
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 had received 40,286 applications and found rights law violations in 6 percent of applications, according to official statistics. Of the 2020 applications, 27 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.
The Inquiry Commission on the State of Emergency Measures has adjudicated appeals of wrongfully dismissed civil servants since 2017. The commission reported that as of the end of October, it had received 126,758 applications, adjudicated 118,415 cases, approved 15,050, and rejected 103,365. 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.
Property Seizure and Restitution
In multiple parts of the southeast, many citizens continued efforts to appeal the government’s 2016 seizures of properties to reconstruct areas damaged in government-PKK fighting (see section 1.g.).
According to the Savings Deposit Insurance Fund of Turkey, as of May the government had seized 796 businesses worth an estimated 70.2 billion lira ($7.5 billion) since the 2016 coup attempt. A March 2020 NGO report estimated that 302 billion lira ($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.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
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.