Section 1. Respect for the Integrity of the Person, Including Freedom from:
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 at a markedly reduced level compared with previous years (see section 1.g.). The PKK continued to target civilians in its attacks; the government continued to work to block such attacks. The law authorizes the Ombudsman Institution, the National Human Rights and Equality Institution, prosecutors’ offices, criminal courts, and parliament’s Human Rights Commission to investigate reports of security force killings, torture, or mistreatment, excessive use of force, and other abuses. Civil courts, however, remained the main recourse to prevent impunity.
According to the International Crisis Group, from January 1 to December 10, a total of 35 civilians, 41 security force members, and 235 PKK militants were killed in eastern and southeastern provinces in PKK-related clashes. Human rights groups stated the government took insufficient measures to protect civilian lives in its fight with the PKK.
The PKK continued its nationwide campaign of attacks on government security forces and, in some cases, civilians. For example, on May 14, PKK terrorists attacked aid workers in Van, killing two and injuring one. On June 18, PKK terrorists reportedly attacked a truck carrying fuel for roadwork in Sirnak province by planting an improvised explosive device (IED). The IED explosion killed four truck passengers.
There were credible reports that the country’s military operations outside its borders led to the deaths of civilians. On June 25, a Turkish air strike against the Kurdistan Free Life Party terrorist group reportedly wounded at least six civilians in Iraq. On June 19, Turkish air strikes against PKK targets killed three civilians in the same region of Iraq, according to Human Rights Watch.
Eyewitnesses, a local human rights monitor, and local media reported that an attack carried out by Turkish forces or Turkish-supported Syrian opposition groups on October 16 struck a rural area killing a young boy and injuring others in Ain Issa, Syria; the circumstances of this event are in dispute. Official Turkish government sources reported responding to enemy fire on the date in question and in the area that corresponds with this event, with four to six People’s Protection Units (YPG) fighters reportedly “neutralized,” a term Turkish authorities use to mean killed, captured, or otherwise removed from the battlefield. The government of Turkey considers the YPG the Syrian branch of the United States-designated foreign terrorist organization the PKK. According to media, YPG forces have also reportedly fired on Turkish and TSO forces following Turkey’s October 2019 incursion into northeast Syria and in November and December 2020, including near civilian infrastructure.
Following the launch of the Turkish armed forces’ offensive in northern Syria in October 2019 the UN Office of the High Commissioner for Human Rights, Amnesty International, and Human Rights Watch continued to report claims from local and regional human rights activists and media organizations that Turkish-supported Syrian opposition groups committed human rights abuses, reportedly targeting Kurdish and Yezidi residents and other civilians, including arbitrary arrests and enforced disappearance of civilians; torture and sexual violence; forced evacuations from homes; looting and property seizures in areas under Turkish control; transfer of detained civilians across the border into Turkey; restricting water supplies to civilian populations; recruitment of child soldiers; and looting and desecrating religious shrines. Reports by the UN Commission of Inquiry into Syria similarly suggested that Turkish-supported opposition groups may have been responsible for attacks against civilians (for more information, see the Syria section of Department of State Country Reports on Human Rights). The government rejected these reports as flawed and biased, including by an October 6 note verbale to the UN high commissioner for human rights, but acknowledged the need for investigations and accountability related to such reports. The government relayed that the Turkish-supported Syrian National Army had established mechanisms for investigation and discipline in 2019. The government claimed the military took care to avoid civilian casualties throughout the operation.
According to the Baran Tursun Foundation, an organization that monitors police brutality, police have killed 403 individuals for disobeying stop warnings since 2007. According to the report, 93 were children. In April police shot and killed a 19-year-old Syrian refugee who ran from an enforcement stop connected with anti-COVID-19 measures that at the time prohibited minors younger than age 20 from leaving their residences. On May 28, a police officer involved in the shooting was arrested for the killing. Human rights groups documented several suspicious deaths of detainees in official custody, although reported numbers varied among organizations. In November the Human Rights Foundation of Turkey (HRFT) reported 49 deaths in prison related to illness, violence, or other causes. Of these 15 were allegedly due to suicide. In August a 44-year-old man convicted of having ties to the Gulen movement died in a quarantine cell in Gumushane Prison after displaying COVID-19 symptoms. Press reports alleged the prisoner had requested medical treatment multiple times, but the prison failed to provide it. Peoples’ Democratic Party (HDP) Member of Parliament (MP) Omer Faruk Gergerlioglu called on the Ministry of Justice to investigate the case.
By law National Intelligence Organization (MIT) members are immune from prosecution as are security officials involved in fighting terror, making it harder for prosecutors to investigate extrajudicial killings and other human rights abuses by requiring that they obtain permission from both military and civilian leadership prior to pursuing prosecution.
Domestic and international human rights groups reported disappearances during the year that they alleged were politically motivated.
In February the Ankara Bar Association filed a complaint with the Ankara prosecutor on behalf of seven men reportedly “disappeared” by the government, who surfaced in police custody in 2019. One of the men, Gokhan Turkmen, a civil servant dismissed under state of emergency powers following the 2016 coup attempt, alleged in a pretrial hearing that intelligence officials visited him in prison, threatened him and his family, and urged him to retract his allegations that he was abducted and tortured while in custody. In April the Ankara prosecutor declined to investigate Turkmen’s complaints. Six of the seven men were in pretrial detention on terrorism charges at year’s end. The whereabouts of the seventh were unknown.
In May former HDP MP Tuma Celik asserted that the disappearance of an Assyrian Chaldean Catholic couple in the village of Kovankaya (Syriac: Mehri), reported missing since January, was “a kidnapping carried out with the ones who lean on the state or groups within the state,” likely alluding to nonstate armed groups aligned with the government. Others, including witnesses on the scene, asserted that the PKK was responsible. The husband, Hurmuz Diril, remained missing at year’s end, while in March relatives found the dead body of the wife, Simoni Diril, in a river near the village.
The government declined to provide information on efforts to prevent, investigate, and punish such acts.
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, the Ankara Bar Association, political opposition figures, international human rights groups, and others reported that government agents engaged in threats, mistreatment, and possible torture of some persons while in custody. Human rights groups asserted that individuals with alleged affiliation with the PKK or the Gulen movement were more likely to be subjected to mistreatment or abuse.
In June, Emre Soylu, an adviser to ruling alliance member Nationalist Movement Party (MHP) Mersin MP Olcay Kilavuz, shared photos on his Twitter account showing a man allegedly being tortured by police at the Diyarbakir Antiterror Branch. A short video shared widely on social media included the screams of a man at the same facility in Diyarbakir. Kurdish politicians and civil society organizations, including the Human Rights Association of Turkey (HRA), condemned the incident and called on authorities to investigate.
In July, Human Rights Watch reported there was credible evidence that police and community night watchmen (bekcis) committed serious abuses against at least 14 persons, including violent arrests and beatings, in six incidents in Diyarbakir and Istanbul from May through July. In four of the cases, authorities refuted the allegations and failed to commit to investigate. In one case on June 26, masked police allegedly raided former mayor and HDP member Sevil Cetin’s home in Diyarbakir city, setting attack dogs on her while beating her. On June 28, the Diyarbakir Governor’s Office released a statement refuting the allegations and stating authorities did not intend to investigate.
In September news reports claimed that Jandarma forces apprehended, detained for two days, tortured, and threw out of a helicopter two farmers in Van province as part of an anti-PKK operation. One of the men died from his injuries. The Van Governor’s Office denied the allegations and stated that the injuries resulted from of the men falling in a rocky area while trying to escape from the officers. A court approved a ban on all news reports on the case, as requested by the Van Prosecutor’s Office. On November 27, Minister of Interior Suleyman Soylu stated one of the villagers, Osman Siban, was aiding PKK terrorists and that authorities therefore apprehended him.
In 2019 public reports alleged that as many as 100 persons, including former members of the Ministry of Foreign Affairs dismissed under the 2016-18 state of emergency decrees due to suspected ties to the Gulen movement, were mistreated or tortured while in police custody. The Ankara Bar Association released a report that detailed its interviews with alleged victims. Of the six detainees the association interviewed, five reported police authorities tortured them. In August the Ankara Prosecution Office decided not to pursue prosecution based on the allegations, citing insufficient evidence.
Reports from human rights groups indicated that police abused detainees outside police station premises and that mistreatment and alleged torture was more prevalent in some police facilities in parts of the southeast. The HRA reported receiving complaints from 573 individuals alleging they were subjected to torture and other forms of mistreatment while in custody or at extracustodial locations from January through November. The HRA reported that intimidation and shaming of detainees by police were common and that victims hesitated to report police abuse due to fear of reprisal. In June, responding to a parliamentary inquiry, the minister of interior reported the ministry had received 396 complaints of torture and maltreatment since October 2019. Opposition Republican People’s Party (CHP) human rights reports alleged that from May to August, 223 individuals reported torture or inhuman treatment.
The government asserted it followed a “zero tolerance” policy for torture and has abolished statute of limitations for cases of torture. On August 5, the Council of Europe released two reports on visits to the country by its Committee for the Prevention of Torture’s (CPT) in 2017 and 2019. The 2019 report stated that the delegation received “a considerable number of allegations of excessive use of force or physical ill-treatment by police and gendarmerie officers from persons who had recently been taken into custody (including women and juveniles). The allegations consisted mainly of slaps, kicks, punches (including to the head and face), and truncheon blows after the persons concerned had been handcuffed or otherwise brought under control.” The CPT noted, “A significant proportion of the allegations related to beatings during transport or inside law enforcement establishments, apparently with the aim of securing confessions or obtaining other information, or as a punishment. Further, numerous detained persons claimed to have been subjected to threats, and/or severe verbal abuse.” The CPT found that the severity of alleged police mistreatment diminished in 2019 compared with the findings of the 2017 CPT visit, although the frequency of the allegations remained worrying.
In its World Report 2020, Human Rights Watch stated: “A rise in allegations of torture, ill-treatment and cruel and inhuman or degrading treatment in police custody and prison over the past four years has set back Turkey’s earlier progress in this area. Those targeted include Kurds, leftists, and alleged followers of Fethullah Gulen. Prosecutors do not conduct meaningful investigations into such allegations and there is a pervasive culture of impunity for members of the security forces and public officials implicated.” According to Ministry of Justice 2019 statistics, the government opened 2,767 investigations into allegations of torture and mistreatment. Of those, 1,372 resulted in no action being taken by prosecutors, 933 resulted in criminal cases, and 462 in other decisions. The government did not release data on its investigations into alleged torture.
Some military conscripts reportedly endured severe hazing, physical abuse, and torture that sometimes resulted in death or suicide. Human rights groups reported that suspicious deaths in the military were widespread. The government did not systematically investigate them or release data. The HRA and HRFT reported at least 18 deaths as suspicious during the year. In September a Kurdish soldier serving in Edirne reported being beaten by other soldiers because of his ethnic identity. Turkish Land Forces Command opened an investigation into the incident.
The government did not release information on its efforts to address abuse through disciplinary action and training.
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 CPT found could be considered inhuman and degrading. While detention facilities were generally in a good state of repair and well ventilated, many facilities had structural deficiencies that made them unsuitable for detention lasting more than a few days.
Physical Conditions: Prison overcrowding remained a significant problem. CPT reports from 2017 and 2019 stated, “The problem of prison overcrowding remained acute, and the steady increase in the size of the prison population already observed in the mid-2000s continued.” According to the Ministry of Justice, as of July, the country had 355 prisons with a capacity for 233,194 inmates and an estimated total inmate population of 281,000, prior to the ministry’s granting of COVID-19 amnesty for 90,000 prisoners.
In April, Minister of Justice Gul announced that three prisoners had died of COVID-19. The same month, to alleviate conditions in prisons due to the pandemic, parliament approved a bill to modify the sentences of 90,000 prisoners by allowing for their release, including those convicted of organized crime and attempted murder. The bill did not include any provisions for persons held under provisional or pretrial detention and explicitly excluded anyone convicted under antiterror charges, including journalists, lawyers, and human rights defenders. The Ministry of Justice has not released updated figures on prisoner deaths due to COVID-19 since April.
If separate prison facilities for minors were not available, minors were held in separate sections within separate male and female adult prisons. Children younger than six were allowed to stay with their incarcerated mothers. The HRA estimated that as of December, 300 children were being held with their mothers. HRA noted that authorities released many mothers and children as a result of the COVID-19 amnesty. Pretrial detainees were held in the same facilities as convicted prisoners.
The government did not release data on inmate deaths due to physical conditions or actions of staff members. The HRA reported that 49 inmates died in prison from January to November. The HRA noted that prisoners were unlikely to report health issues and seek medical care since a positive COVID-19 result would lead to a two-week quarantine in solitary confinement. Human rights organizations and CPT reports asserted that prisoners frequently lacked adequate access to potable water, proper heating, ventilation, lighting, food, and health services. Human rights organizations also noted that prison overcrowding and poor sanitary conditions exacerbated the health risks for prisoners from the COVID-19 pandemic. Civil Society in the Penal System Association reported that prison facilities did not allow for sufficient social distancing due to overcrowding and did not provide cleaning and disinfection services on a regular basis. Prisons also did not provide disinfectant, gloves, or masks to prisoners, but instead sold them at commissaries.
The Ministry of Justice’s Prison and Correctional Facilities official reported to parliament that, as of October, more than 1,900 health workers were serving the prison population. Of the health workers, there were seven medical doctors, 144 dentists, 84 nurses, and 853 psychologists. Human rights associations expressed serious concern regarding the inadequate provision of health care to prisoners, particularly the insufficient number of prison doctors. According to HRA statistics, in September there were 1,605 sick prisoners in the country’s prisons, 604 of whom were in serious condition.
Reports by human rights organizations suggested that some doctors would not sign their names to medical reports alleging torture due to fear of reprisal. As a result victims were often unable to get medical documentation that would help prove their claims.
In December, Amnesty International reported that prison guards in Diyarbakir severely beat prisoner Mehmet Siddik Mese, but the prison doctor stated that the prisoner was not beaten in the official report. Mese did not receive an independent medical examination. The prosecutor decided not to prosecute the suspected perpetrators based on the prison doctor’s report.
Chief prosecutors have discretion, particularly under the wide-ranging counterterrorism law, to keep prisoners whom they deem dangerous to public security in pretrial detention, regardless of medical reports documenting serious illness.
Administration: Authorities at times investigated credible allegations of abuse and inhuman or degrading conditions but generally did not document the results of such investigations in a publicly accessible manner or disclose publicly whether actions were taken to hold perpetrators accountable. Some human rights activists and lawyers reported that prisoners and detainees were sometimes arbitrarily denied access to family members and lawyers.
Independent Monitoring: The government allowed prison visits by some observers, including parliamentarians. The Ministry of Interior reported that under the law prisons were to be monitored by domestic government entities including the Human Rights and Equality Institution of Turkey and the Parliamentary Commission for Investigating Human Rights. International monitors included the CPT, the Council of Europe Commissioner for Human Rights, and the UN Working Group on Arbitrary Detention.
HDP MP Omer Faruk Gergerlioglu stated that in response to his June inquiry, the Parliamentary Commission for Investigating Human Rights reported it had received 3,363 reports of human rights violations from detainees and prisoners since June 2018 but found no violations in any of the cases.
The government did not allow nongovernmental organizations (NGOs) to monitor prisons. In October, HRA Balikesir chairman Rafet Fahri Semizoglu was detained under charges stemming from his visits to prisons. The Civil Society Association in the Penal System published periodic reports on prison conditions based on information provided by parliamentarians, correspondence with inmates, lawyers, inmates’ family members, and press reports.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, but numerous credible reports indicated the government did not always observe these requirements.
Human rights groups noted that, following the 2016 coup attempt, authorities continued to detain, arrest, and try hundreds of thousands of individuals for alleged ties to the Gulen movement or the PKK, often with questionable evidentiary standards and without the full due process provided for under law (see section 2.a.).
On the four-year anniversary of the 2016 coup attempt in July, the government announced that authorities had opened legal proceedings against 597,783 individuals, detained 282,790, and arrested 94,975 since the coup attempt on grounds of alleged affiliation or connection with the Gulen movement. During the year the government started legal proceedings against 39,719 individuals, detained 21,000, and arrested 3,688. In July the Ministry of Justice reported that the government had conducted nearly 100,000 operations targeting Gulenists since the coup attempt. The government reportedly detained and investigated a majority of the individuals for alleged terror-related crimes, including membership in and propagandizing for the Gulen movement or the PKK. Domestic and international legal and human rights experts questioned the quality of evidence presented by prosecutors in such cases, criticized the judicial process, asserted that the judiciary lacked impartiality, and that defendants were sometimes denied access to the evidence underlying the accusations against them (see section 1.e., Trial Procedures).
The courts in some cases applied the law unevenly, with legal critics and rights activists asserting court and prosecutor decisions were sometimes subject to executive interference. In January an Ankara court of appeals reversed a lower court ruling for life imprisonment of a former three-star general, Metin Iyidil, accused of participation in the coup attempt. Two days after Iyidil’s release, another court reordered his detention. After President Erdogan publicly criticized the Ankara appeals court decision to acquit, the court ruled for Iyidil to be rearrested. The Council of Judges and Prosecutors opened an investigation into the acquittal decision, suspending the three judges who ruled for acquittal from their posts.
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. According to a statement by Minister of Justice Gul, 48,752 persons were in pretrial detention in the country as of July.
The law gives prosecutors the right to suspend lawyer-client privilege and to observe and record conversations between accused persons and their legal counsel. Bar associations reported that detainees occasionally had difficulty gaining immediate access to lawyers, both because government decrees restricted lawyers’ access to detainees and prisons–especially for those attorneys not appointed by the state–and because many lawyers were reluctant to defend individuals the government accused of ties to the 2016 coup attempt. Human rights organizations reported the 24-hour attorney access restriction was arbitrarily applied and that in terrorism-related cases, authorities often did not inform defense attorneys of the details of detentions within the first 24 hours, as stipulated by law. In such cases rights organizations and lawyers groups reported attorneys’ access to the case files for their clients was limited for weeks or months pending preparations of indictments, hampering their ability to defend their clients.
Some lawyers stated they were hesitant to take cases, particularly those of suspects accused of PKK or Gulen movement ties, because of fear of government reprisal, including prosecution. Government intimidation of defense lawyers also at times involved nonterror cases. The international NGO Freedom House in its 2020 Freedom in the World report stated, “In many cases, lawyers defending those accused of terrorism offenses were arrested themselves.” According to human rights organizations, since 2016 authorities prosecuted more than 1,500 lawyers, arrested 605, and sentenced 441 to lengthy prison terms on terrorism-related charges. Of the arrested lawyers, 14 were presidents of provincial bar associations. This practice disproportionately affected access to legal representation in the southeast, where accusations of affiliation with the PKK were frequent and the ratio of lawyers to citizens was low. In a September speech, the president suggested that lawyers who are “intimate” with terrorist organizations should be disbarred.
Arbitrary Arrest: Although the law prohibits holding a suspect arbitrarily or secretly, there were numerous reports that the government did not observe these prohibitions. Human rights groups alleged that in areas under curfew or in “special security zones,” security forces detained citizens without official record, leaving detainees at greater risk of arbitrary abuse.
In September the HDP released a statement detailing allegations that police kidnapped, physically assaulted, and later released six HDP youth assembly members in separate incidents in Diyarbakir, Istanbul, and Agri province. The HDP also stated that on May 4 police abducted HDP assembly member Hatice Busra Kuyun in Van province, forced her into a car, and threatened her. Police released Kuyun on the same day.
Pretrial Detention: The maximum time an arrestee can be held pending trial with an indictment is seven years, including for crimes against the security of the state, national defense, constitutional order, state secrets and espionage, organized crime, and terrorism-related offenses. Pretrial detention during the investigation phase of a case (before an indictment) is limited to six months for cases that do not fall under the purview of the heavy criminal court–referred to by the International Criminal Police Organization (INTERPOL) as the central criminal court–and one year for cases that fall under the heavy criminal court. The length of pretrial detention generally did not exceed the maximum sentence for the alleged crimes. For other major criminal offenses tried by high criminal courts, the maximum detention period remained two years with the possibility of three one-year extensions, for a total of five years.
For terror-related cases, the maximum period of pretrial detention during the investigation phase is 18 months, with the possibility of a six-month extension.
Rule of law advocates noted that broad use of pretrial detention had become a form of summary punishment, particularly in cases that involved politically motivated terrorism charges.
The trial system does not provide for a speedy trial, and trial hearings were often months apart, despite provisions in the code of criminal procedure for continuous trial. Trials sometimes began years after indictment, and appeals could take years more to reach conclusion.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees’ lawyers may appeal pretrial detention, although antiterror legislation imposed limits on their ability to do so. The country’s judicial process allows a system of lateral appeals to criminal courts of peace for arrest, release, judicial control, and travel ban decisions that substitutes appeal to a higher court with appeal to a lateral court. Lawyers criticized the approach, which rendered ambiguous the authority of conflicting rulings by horizontally equal courts. In addition since 2016 sentences of less than five years’ imprisonment issued by regional appellate courts were final and could not be appealed. Since 2019 the law provides for defendants in certain types of insult cases or speech-related cases to appeal to a higher court.
Detainees awaiting or undergoing trial prior to the 2016-18 state of emergency had the right to a review in person with a lawyer before a judge every 30 days to determine if they should be released pending trial. Under a law passed in 2018, in-person review occurs once every 90 days with the 30-day reviews replaced by a judge’s evaluation of the case file only. Bar associations noted this element of the law was contrary to the principle of habeas corpus and increased the risk of abuse, since the detainee would not be seen by a judge on a periodic basis.
In cases of alleged human rights violations, detainees have the right to apply directly to the Constitutional Court for redress while their criminal cases are proceeding. Nevertheless, a backlog of cases at the Constitutional Court slowed proceedings, preventing expeditious redress.
The Office of the UN High Commissioner for Refugees (UNHCR) noted that detention center conditions varied and were often challenging due to limited physical capacity and increased referrals. Refugee-focused human rights groups alleged authorities prevented migrants placed in detention and return centers from communicating with the outside world, including their family members and lawyers, creating the potential for refoulement as migrants accept repatriation to avoid indefinite detention.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but there were indications the judiciary remained subject to influence, particularly from the executive branch.
The executive branch exerts strong influence over the Board of Judges and Prosecutors (HSK), the judicial body that assigns and reassigns judges and prosecutors to the country’s courts nationwide and is responsible for their discipline. Out of 13 total judges on the board, the president directly appoints six: The executive branch and parliament appoint 11 members (seven by parliament and four by the president) every four years; the other two members are the presidentially appointed justice minister and deputy justice minister. The ruling party controlled both the executive and the parliament when the existing members were appointed in 2017. Although the constitution provides tenure for judges, the HSK controls the careers of judges and prosecutors through appointments, transfers, promotions, expulsions, and reprimands. Broad leeway granted to prosecutors and judges challenges the requirement to remain impartial, and judges’ inclination to give precedence to the state’s interests contributed to inconsistent application of laws. Bar associations, lawyers, and scholars expressed concern regarding application procedures for prosecutors and judges described as highly subjective, which they warned opened the door to political litmus tests in the hiring process.
The judiciary faced a number of problems that limited judicial independence, including intimidation and reassignment of judges and allegations of interference by the executive branch. Following the 2016 coup attempt, the government suspended, detained, or fired nearly one-third of the judiciary accused of affiliation with the Gulen movement. The government in the intervening years filled the vacancies, but the judiciary continued to experience the effects of the purges. A Reuters international news organization analysis of Ministry of Justice data showed that at least 45 percent of the country’s prosecutors and judges have three years of legal professional experience or less.
Observers raised concerns that the outcome of some trials appeared predetermined or pointed to judicial interference. In February an Istanbul court ruled to acquit philanthropist Osman Kavala and eight others on charges of attempting to use the 2013 Gezi Park protests to overthrow the state. Kavala, the founder of Anadolu Kultur, an organization dedicated to cross-cultural and religious dialogue, had been in pretrial detention since 2017. The presiding judge permitted Kavala’s lawyer to argue on his client’s behalf but refused to allow any other defendant’s lawyers to do likewise. Without pausing for deliberation following final statements from the defendants, the presiding judge produced a paper that appeared to have the verdict already written. The court acquitted Kavala of the charges and ordered him released immediately, but authorities detained Kavala the same day upon exit from prison on new charges of espionage and attempting to overthrow the state order in connection with the 2016 failed coup. In March authorities issued an order of arrest for Kavala while he was in detention. In October prosecutors filed a new indictment against Kavala seeking three aggravated life sentences for espionage and renewed charges of “attempting to overthrow the constitutional order” and organizing the Gezi Park protests and supporting the Gulen movement. In December the Constitutional Court found that the government did not violate Kavala’s rights when he was re-arrested following acquittal in February. Kavala remained in detention at year’s end.
The government also targeted some defense attorneys representing a number of high-profile clients. In September authorities issued detention orders for 48 lawyers and seven legal trainees in Ankara on charges related to terrorism due to alleged links to the Gulen movement. Prominent bar associations, including those of Ankara, Istanbul, Izmir, and Gaziantep, condemned the arrests and reported that investigators’ questions to the lawyers, as well as presented evidence, were related to their professional activities.
The country has an inquisitorial criminal justice system. The system for educating and assigning judges and prosecutors fosters close connections between the two groups, which some legal experts claimed encouraged impropriety and unfairness in criminal cases.
There are no military courts, and military justice is reserved for disciplinary action, not criminal cases.
Lower courts at times ignored or significantly delayed implementation of decisions reached by the Constitutional Court. The government rarely implemented European Court of Human Rights (ECHR) decisions, despite the country’s obligation to do so as a member of the Council of Europe.
The government acknowledged problems in the judicial sector, and in 2019 parliament passed a Judicial Reform Strategy for 2019-23 reportedly designed to protect legal rights and freedoms and strengthen the independence of the judiciary while fostering more transparency, efficiency, and uniformity in legal procedures. Human rights groups criticized the strategy for focusing on cosmetic rather than structural changes; lacking a clear implementation plan, including timeline; failing to identify responsible government bodies and budget; and failing to address judicial independence concerns. Under the strategy the parliament in July adopted a legislative package amending trial procedures to streamline civil case processing and expanding use of arbitration and the scope of cases where trials may be closed to the public. Human rights organizations noted the effort to reduce trial durations was positive but voiced concern that the law may reduce trial transparency.
The constitution provides for the right to a fair public trial, although bar associations and rights groups asserted that increasing executive interference with the judiciary and actions taken by the government through state of emergency provisions jeopardized this right.
The law provides defendants a presumption of innocence and the right to be present at their trials, although in a number of high-profile cases, defendants increasingly appeared via video link from prison, rather than in person. Judges may restrict defense lawyers’ access to their clients’ court files for a specific catalogue of crimes (including crimes against state security, organized crime, and sexual assault against children) until the client is indicted.
A single judge or a panel of judges decides all cases. Courtroom proceedings were generally public except for cases involving minors as defendants. The state increasingly used a clause allowing closed courtrooms for hearings and trials related to security matters, such as those related to “crimes against the state.” Court files, which contain indictments, case summaries, judgments, and other court pleadings, were closed except to the parties to a case, making it difficult for the public, including journalists and watchdog groups, to obtain information on the progress or results of a case. In some politically sensitive cases, judges restricted access to Turkish lawyers only, limiting the ability of domestic or international groups to observe some trials.
Defendants have the right to be present at trial and to consult an attorney of their choice in a timely manner, although legal advocates have asserted the government coerced defendants to choose government-appointed lawyers. Observers and human rights groups noted that in some high-profile cases, these rights were not afforded to defendants. Individuals from the southeast were increasingly held in prisons or detention centers far from the location of the alleged crime and appeared at their hearing via video link systems. Some human rights organizations reported that hearings sometimes continued in the defendant’s absence when video links purportedly failed.
Defendants have the right to legal representation in criminal cases and, if indigent, to have representation provided at public expense. Defendants or their attorneys could question witnesses for the prosecution, although questions must usually be presented to the judges, who are expected to ask the questions on behalf of counsel. Defendants or their attorneys could, within limits, present witnesses and evidence on their own behalf. Defendants have the right not to testify or confess guilt and the right to appeal. The law provides for court-provided language interpretation when needed. Human rights groups alleged interpretation was not always provided free of charge, leaving some poor, non-Turkish-speaking defendants disadvantaged by the need to pay for interpretation.
Observers noted the prosecutors and courts often failed to establish evidence to sustain indictments and convictions in cases related to supporting terrorism, highlighting concerns regarding respect for due process and adherence to credible evidentiary thresholds. In numerous cases authorities used secret evidence or witnesses to which defense attorneys and the accused had no access or ability to cross-examine and challenge in court, particularly in cases related to national security. The government occasionally refused to acknowledge secret witnesses.
In April court authorities released from judicial control (parole) Turkish dual national Serkan Golge. In 2018 a court sentenced Golge to seven-and-a-half years in prison on charges of “membership in a terrorist organization,” referring to the Gulen movement. An appeals court later reduced the charges and sentence to “support of a terrorist organization” and five years’ imprisonment. Authorities arrested Golge in 2016 based on specious evidence, including witness testimony that was later recanted. Golge served nearly three years in prison before he was released; he was permitted to leave the country in June.
Political Prisoners and Detainees
The number of political prisoners remained a subject of debate at year’s end. In July the Ministry of Interior reported the government had detained 282,790 persons in connection with the coup attempt since 2016. Of those, 25,912 were in prison awaiting trial. NGOs estimated there were 50,000 individuals in prison for terror-related crimes. Some observers considered some of these individuals political prisoners, a charge the government disputed.
Prosecutors used a broad definition of terrorism and threats to national security and in some cases, according to defense lawyers and opposition groups, used what appeared to be legally questionable evidence to file criminal charges against and prosecute a broad range of individuals, including journalists, opposition politicians (primarily of the HDP), activists, and others critical of the government.
At year’s end eight former HDP parliamentarians and 17 HDP comayors were in detention following arrest. According to the HDP, since July 2015 at least 5,000 HDP lawmakers, executives, and party members were in prison for a variety of charges related to terrorism and political speech. The government had suspended from office using national security grounds 48 locally elected opposition politicians in Kurdish-majority areas, and subsequently arrested 37. The government suspended from office the elected village leaders of 10 villages in the southeast in May. By August 2019 the government had suspended most of the mayors elected in the southeast in March 2019, including the HDP mayors of major southeastern cities Diyarbakir, Mardin, and Van. The government suspended an additional 16 mayors during the year. The government suspended the majority of mayors for ongoing investigations into their alleged support for PKK terrorism, largely dating to before their respective elections.
In September authorities arrested both comayors of Kars, Ayhan Bilgen and Sevin Alaca, as part of detention orders for 101 persons across seven provinces, including former HDP members of parliament and senior HDP officials, for their alleged involvement in the 2014 Kobane protests in the country regarding perceived government inaction in response to the Islamic State of Iraq and Syria takeover of the majority Kurdish town of Kobane, Syria. The prosecutor’s office also issued a secrecy injunction, citing terror charges, which prevented lawyers from accessing their clients’ files. In total authorities arrested 17 HDP officials. On December 30, the Ankara Prosecutor’s Office filed an indictment containing 37 counts of homicide and charges of “disrupting the unity and territorial integrity of the state” against 108 individuals, including the arrested HDP officials, in relation to the Kobane protests.
Former HDP cochair and former presidential candidate Selahattin Demirtas remained in prison on terrorism charges since 2016 despite 2018 and 2020 ECHR rulings for his release. In June the Constitutional Court ruled that Demirtas’ lengthy pretrial detention violated his rights, but the government did not release him from prison because of a second detention order stemming from a separate investigation related to the 2014 antigovernment Kobane protests. In September the Ankara Chief Public Prosecutor’s Office issued a new indictment against Demirtas under counterterrorism statutes for his criticism of the Ankara chief prosecutor at a hearing in January. On the same day, an Ankara court also ruled for the continuation of Demirtas’ imprisonment based on the Kobane protests investigation. On December 22, the ECHR ruled that Turkey violated Demirtas’ rights, including freedom of expression, liberty, and security; speedy decision on lawfulness of detention; and free elections, and it called for his immediate release. Following the ruling, President Erdogan accused the ECHR of “defending a terrorist” and making a hypocritical, politically motivated ruling. The president also stated that only Turkish courts could rule on the case and that Turkey would “evaluate” the ECHR decision. On December 30, authorities indicted Demirtas for his involvement in the Kobane protests as part of the mass indictment of 108 individuals.
Authorities used antiterror laws broadly against opposition political party members, human rights activists, media outlets, suspected PKK sympathizers, and alleged Gulen movement members or groups affiliated with the Gulen movement, among others, including to seize assets of companies, charities, or businesses. Human rights groups alleged many detainees had no substantial link to terrorism and were detained to silence critical voices or weaken political opposition to the ruling Justice and Development Party (AKP), particularly the HDP or its partner party, the Democratic Regions Party.
In June the government expelled MPs Leyla Guven and Musa Farisogulları of the HDP and Enis Berberoglu of the main opposition CHP from parliament and arrested them after appeals courts upheld charges against them on terrorism and espionage, respectively. The Constitutional Court ruled that the government had violated Berberoglu’s rights because it did not renew the lifting of his legal immunity following his re-election in 2018. In October the criminal court in Istanbul, which reviewed Berberoglu’s case, rejected the Constitutional Court ruling for a retrial. Berberoglu remained on release from prison due to COVID-19 precautions. In December a Diyarbakir court sentenced Guven to 22 years and three months in prison on three separate terrorism charges. Authorities transferred Guven to prison following sentencing; they had released her earlier in the year based on time served in a separate case.
Students, artists, and association members faced criminal investigations for alleged terror-related activities, primarily due to their social media posts. The government did not consider those in custody for alleged PKK or Gulen movement ties to be political prisoners and did not permit access to them by human rights or humanitarian organizations.
Credible reports claimed that authorities subjected some persons jailed on terrorism-related charges to abuses, including long solitary confinement, unnecessary strip and cavity searches, severe limitations on outdoor exercise and out-of-cell activity, denial of access to prison library and media, slow medical attention, and in some cases the denial of medical treatment. Reports also alleged that authorities subjected visitors of prisoners accused of terrorism-related crimes to abuse, including limited access to family and degrading treatment by prison guards, including strip searches.
Politically Motivated Reprisal against Individuals Located Outside the Country
The government engaged in a worldwide effort to apprehend suspected members of the Gulen movement. There were credible reports that the government exerted bilateral pressure on other countries to take adverse action against specific individuals, at times without due process. According to a report by several UN special rapporteurs in May, the government reportedly coordinated with other states to transfer more forcibly than 100 Turkish nationals to Turkey since the 2016 coup attempt, of which 40 individuals were subjected to enforced disappearance. In January, Albania deported Turkish citizen Harun Celik, a teacher at a school associated with the Gulen movement, to Turkey after arresting him for traveling on false documents in 2019. Celik’s lawyer reported Celik requested asylum while detained in Albania and that Albania repatriated him to Turkey without giving him an opportunity to appeal the decision. Authorities detained Celik upon arrival in Istanbul. Turkish media hailed the repatriation as a successful operation by Turkish state intelligence. Individuals returned to the country under such circumstances usually faced legal proceedings based on their association with the Gulen movement. In September, Isa Ozer, a Turkish national who had been an elected local deputy in Dogubeyazit in eastern Anatolia for the left-wing HDP, was brought to Turkey from Ukraine in what the Turkish state press described as an intelligence operation.
There were also credible reports that the government attempted to use INTERPOL red notices to target specific individuals located outside the country, alleging ties to terrorism connected to the 2016 coup attempt or to the PKK, based on little evidence. Freedom House reported that, since the 2016 coup attempt, the country had uploaded tens of thousands of requests in INTERPOL for persons the government designated as affiliated with the Gulen movement. There were also reports that individuals faced complications related to erroneous lost or stolen passport reports the government filed against suspected Gulen movement supporters in the years directly following the coup attempt. Targeted individuals often had no clearly identified role in the attempted coup but were associated with the Gulen movement or had spoken in favor of it. The reports to INTERPOL could lead to individuals’ detention or prevent them from traveling.
In September press reported that the Diyarbakir Chief Prosecutor’s Office requested the extradition of former HDP MP and Diyarbakir mayor Osman Baydemir, who resides in the United Kingdom, as part of a terrorism investigation. Authorities also petitioned an INTERPOL red notice for Baydemir. He was previously convicted for insulting police and stripped of MP status in 2018.
The government used property seizure orders to pressure individuals living in exile abroad. In October a court seized all assets, including property and bank accounts, of exiled opposition journalist Can Dundar and declared him a fugitive after he did not attend trial proceedings for the case against him and other former Cumhuriyet journalists who reported on alleged illicit arms shipments by Turkish intelligence officers to Syria. On December 23, an Istanbul court sentenced Dundar in absentia to 27 years’ imprisonment. The court also upheld the asset seizure and began an extradition request from Germany, where Dundar resides.
The government continued to refuse to renew the passports of some citizens with temporary residency permits in other countries on political grounds, claiming they were members of “Gulenist” organizations; these individuals were unable to travel outside of their countries of residence.
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 has received 30,584 applications and found rights law violations in 20 percent of applications, according to official statistics. Of the 2019 applications, 30 percent remained pending. Citizens who have exhausted all domestic remedies have the right to apply for redress to the ECHR; however, the government rarely implemented ECHR decisions. According to the NGO European Implementation Network, Turkey has not implemented 60 percent of ECHR decisions from the last 10 years. For example, the country has not implemented the ECHR decision on the illegality of pretrial detention of former Constitutional Court judge Alparslan Altan, arrested and convicted following the coup attempt in 2016. Altan was serving an 11-year prison sentence at year’s end.
The government established the Inquiry Commission on the State of Emergency Measures, in 2017 to adjudicate appeals of wrongfully dismissed civil servants and began accepting cases that July. The commission reported that, as of the end of the year, it had received 126,630 applications, adjudicated 112,310 cases, approved 13,170, and rejected 99,140. Critics complained the appeals process was opaque, slow, and did not respect citizens’ rights to due process, including by prohibiting defendants from seeing the evidence against them or presenting exculpatory evidence in their defense.
In multiple parts of the southeast, many citizens continued efforts to appeal the government’s 2016 expropriations of properties to reconstruct areas damaged in government-PKK fighting (see section 1.g, Other Conflict-related Abuse).
According to the Savings Deposit Insurance Fund of Turkey, as of July the government had seized 796 businesses worth an estimated 61.2 billion lira ($7.85 billion) since the 2016 coup attempt. A March NGO report estimated that $32.2 billion in businesses and business assets, including from media outlets, schools, universities, hospitals, banks, private companies, and other holdings were confiscated since the 2016 coup attempt in breach of domestic regulations.
In July the government completed the flooding of a valley in Batman province for a new hydroelectric dam. Residents displaced by the use of eminent domain reported the government’s payment for their property would not cover the cost of the apartment buildings intended to replace their former homes and complained that animal husbandry was not allowed in the new city, a practice residents had until then relied upon for income and sustenance.
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 MIT with the authority to collect information while limiting the ability of the public or journalists to expose abuses. Oversight of MIT falls within the purview of the presidency, and checks on MIT authorities are limited. MIT may collect data from any entity without a warrant or other judicial process for approval. At the same time, the law establishes criminal penalties for conviction of interfering with MIT activities, including data collection or obtaining or publishing information concerning the agency. The law allows the president to grant MIT and its employees’ immunity from prosecution.
Police possess broad powers for personal search and seizure. Senior police officials may authorize search warrants, with judicial permission required to follow within 24 hours. Individuals subjected to such searches have the right to file complaints; however, judicial permission occurring after a search had already taken place failed to serve as a check against abuse.
Security forces may conduct wiretaps for up to 48 hours without a judge’s approval. As a check against potential abuse of this power, the State Inspection Board may conduct annual inspections and present its reports for review to parliament’s Security and Intelligence Commission. Information on how often this authority was used was not available. Human rights groups noted that wiretapping without a court order circumvented judicial control and potentially limited citizens’ right to privacy. Some citizens asserted that authorities tapped their telephones and accessed their email or social media accounts. There was evidence the government monitored private online communications using nontransparent legal authority.
The Ministry of Interior disclosed that in the first seven months of this year, it examined 14,186 social media accounts and took legal action against more than 6,743 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. The law allows courts to order domestic internet service providers to block access to links, including to websites, articles, or social media posts, and was routinely used to block access to news sites. The editor of one such news website, Sendika, reported that his site has been blocked 63 times since 2015. The HRFT reported that in the first eight months of the year, the government detained at least 485 persons and arrested six for social media posts, including but not limited to posts on COVID-19.
Human rights groups asserted that self-censorship due to fear of official reprisal accounted in part for the relatively low number of complaints they received regarding allegations of torture or mistreatment.
Using antiterror legislation, the government targeted family members to exert pressure on wanted suspects. Government measures included cancelling the passports of family members of civil servants suspended or dismissed from state institutions, as well as of those who had fled authorities. In some cases the government cancelled or refused to issue passports for the minor children of individuals outside the country who were wanted for or accused of ties to the Gulen movement. In June the Ministry of Interior announced it would lift restrictions on the passports of 28,075 persons in addition to the 57,000 reported in 2019.
Government seizure and closure during the previous three years of hundreds of businesses accused of links to the Gulen movement created ambiguous situations for the privacy of client information.
g. Abuses in Internal Conflict
Clashes between security forces and the PKK and its affiliates in the country continued throughout the year, although at a reduced level relative to previous years, and resulted in the injury or deaths of security forces, PKK terrorists, and civilians. The government continued security operations against the PKK and its affiliates in various areas of the east and southeast. Authorities issued curfews of varying duration in certain urban and rural areas and also decreed “special security zones” in some areas to facilitate counter-PKK operations, which restricted access of visitors and, in some cases, residents. While portions of Hakkari province and rural portions of Tunceli Province remained “special security zones” most of the year, the government imposed curfews and “special security zones” less frequently overall than in 2019. PKK attacks claimed the lives of noncombatant civilians, as did kidnappings. Residents of these areas reported they occasionally had very little time to leave their homes prior to the launch of counter-PKK security operations. Those who remained faced curfews of varying scope and duration that at times restricted their movement and complicated living conditions.
Killings: According to the International Crisis Group, from mid-2015 to December, at least 1,265 security force members, 3,166 PKK terrorists, 5,539 civilians, and 226 individuals of unknown affiliation died in PKK-related fighting in the country and the surrounding region.
The HRA reported that in the first 10 months of the year, 14 security officers, 15 civilians, and 78 PKK terrorists were killed during clashes; 15 security officers and 23 civilians were reportedly injured.
PKK attacks resulted in civilian deaths. For example, on April 8, a roadside bomb attack killed five forestry workers in Diyarbakir province. Government data on casualty tolls were unavailable.
PKK tactics included targeted killings and assault with conventional weapons, vehicle-borne bombs, and IEDs. At times IEDs or unexploded ordnance, usually attributed to the PKK, killed or maimed civilians and security forces. According to news reports, in April an 11-year-old boy died as a result of an explosion of unexploded ordnance in Diyarbakir. Since 2016, unexploded ordnance killed at least 22 civilians, 21 of whom were children.
Abductions: The PKK abducted or attempted to abduct civilians (see Child Soldiers, below).
Physical Abuse, Punishment, and Torture: Human rights groups alleged that police, other government security forces, and the PKK abused some civilian residents of the southeast. There was little accountability for mistreatment by government authorities. In April a Gevas court acquitted a police officer who was accused of torturing four village residents in 2017. Although victims identified seven police officers, the prosecutor pressed charges against only one.
Child Soldiers: The government and some members of Kurdish communities alleged the PKK recruited and forcibly abducted children for conscription. A group of mothers continued a sit-in protest they began in Diyarbakir in September 2019 alleging the PKK had forcibly recruited or kidnapped their children and demanding their return. According to the Directorate of Communications of the Presidency, 438 children escaped and left the PKK from January 2014 to June.
Other Conflict-related Abuse: Extensive damage stemming from government-PKK fighting led authorities in 2016 to expropriate certain properties in specific districts of the southeast to facilitate postconflict reconstruction. Many of these areas remained inaccessible to residents at year’s end due to reconstruction. In Diyarbakir’s Sur District, the government had not returned or completed repairs on many of the expropriated properties, including the historic and ancient sites inside Sur, such as Surp Giragos Armenian Church and the Mar Petyun Chaldean Church. The government allocated 30 million lira ($3.8 million) to renovate four churches; renovations on two of them were completed. Some affected residents filed court challenges seeking permission to remain on expropriated land and receive compensation; many of these cases remained pending at year’s end. In certain cases courts awarded compensation to aggrieved residents, although the latter complained awards were insufficient. The overall number of those awarded compensation was unavailable at year’s end.
In May press reported the discovery of plastic boxes containing the remains of 261 bodies of PKK terrorists from the Kurdish-dominated southeastern province of Bitlis; the boxes were buried under the sidewalks in Istanbul’s Kilyos Cemetery. Authorities reportedly removed the bodies from a cemetery in Bitlis during a construction project in 2017 and moved them without the knowledge of families of the buried.
Government actions and adverse security conditions impacted democratic freedoms, including limiting journalists’ and international observers’ access to affected areas, which made monitoring and assessing the aftermath of urban conflicts difficult. Since 2019 the Ministry of Interior suspended 48 of 65 elected HDP mayors in the southeast based on allegations of support for terrorism related to the PKK. Because the mayors were suspended but not removed, pursuant to 2018 antiterror legislation, local residents did not have the opportunity to elect other representatives. The government appointed officials to govern these 48 municipalities in lieu of the removed elected mayors.
Section 2. Respect for Civil Liberties, Including:
e. Status and Treatment of Internally Displaced Persons
In October 2019 the country’s Peace Spring military operation displaced more than 215,000 residents of villages along the country’s border with Syria in areas of Syria affected by the operation. At the time the president announced the country’s intention to create a safe zone for the return and resettlement of one to two million Syrian refugees from Turkey. In October the government announced that 414,000 individuals had voluntarily returned to Syria. Approximately one-half of those displaced inside Syria as a result of the operation have returned. More than 100,000 persons remained displaced, however, including tens of thousands of women and children. Turkish officials publicly committed to safe and voluntary refugee returns.
The law allows persons who suffered material losses due to terrorist acts, including those by the PKK or by security forces in response to terrorist acts, to apply to the government’s damage determination commissions for compensation.
Section 3. Freedom to Participate in the Political Process
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. In July the government removed three convicted parliamentarians from parliament. During the year restrictive government regulations restricted 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. 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, suspending 16 mayors in 2020 alone. Since 2016 the government 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).
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.
In June, CHP deputy chair Ozgur Ozel reported that police had launched investigations against 95 CHP parliamentarians, the majority for insulting the president. The summary of investigations was sent to the parliament for a decision on lifting immunity.
Elections and Political Participation
Recent Elections: The country held municipal elections in March 2019 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.
In April 2019 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 mayoral race in Istanbul, the YSK then 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 rerun and assumed office. In May the Istanbul Metropolitan Municipality reported that the Ministry of Interior had launched 27 separate investigations into allegations of impropriety in zoning and tenders under Imamoglu’s term as mayor of Istanbul’s Beylikduzu District from 2014 to 2019. Imamoglu’s supporters alleged the investigations were political in nature.
The municipal campaigns and elections occurred in an environment with 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 the Yavas’s ability to fulfill his term should he be elected mayor because of the pending case. In September 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 age 130) or legally deceased individuals, and suspicious residency claims.
Media coverage overwhelmingly favored the candidates of the ruling party and those of 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 TRT 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 other government officials AKP’s parliamentary all alliance partner Nationalist Movement Party (MHP) accusing the CHP of sympathizing and collaborating with “PKK terrorists” during the municipal election campaigns due to their affiliation with the HDP. Police continued an investigation into the incident.
In 2018 the country held early parliamentary and presidential elections that had been originally 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 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, noting, “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, TRT 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 Karamanoglu, 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 in March 2019 saw a number of attacks on political party offices, rallies, and members, including some incidents that led to death and serious injury. Violence most commonly targeted the HDP and its campaigners. Opposition party members faced frequent accusations from the highest levels of government of alleged terrorism-related crimes. A number of opposition candidates for parliament continued to face legal charges in connection with such claims, and the HDP’s 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 an area historically dominated by opposition parties.
Political Parties and Political Participation: In parliament 11 political parties had 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 MHP. 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 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.
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 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 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.
Section 4. Corruption and Lack of Transparency in Government
While the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and some officials engaged in corrupt practices with impunity. Parliament charges the Court of Accounts, the country’s supreme audit institution, with accountability related to revenues and expenditures of government departments. Outside this audit system, there was no established pattern of or mechanism for investigating, indicting, and convicting individuals accused of corruption, and there were concerns regarding the impartiality of the judiciary in the handling of corruption cases. According to the Transparency International 2019 Corruption Perceptions Index report, the public procurement system has consistently declined in transparency and competitiveness, with exceptions to the Public Procurement Law widely applied. The open tender rate, which was 75 percent in 2004, had fallen to 63 percent in the first six months of 2019. The total proportion of tenders conducted within the scope of negotiated tendering and exceptions increased from 10 percent to 32 percent between 2004 and 2019. The Transparency International Exporting Corruption 2020 report found that the country did not have sufficient legal mechanisms and enforcement systems against foreign bribery.
During the year the government continued prosecutions against law enforcement officers, judges, and prosecutors who initiated corruption-related investigations or cases against government officials, alleging the defendants did so at the behest of the Gulen movement. Journalists accused of publicizing the corruption allegations also faced criminal charges.
In October 2019 the Constitutional Court overturned a broadcast and publication ban on 2013 reports regarding corruption involving former ministers (four resigned at the time). As of year’s end, RTUK had yet to remove the ban on the reports, despite the court’s ruling.
Courts and the Radio Television Supreme Council (RTUK) regularly blocked access to press reports regarding corruption allegations. In an October social media post, RTUK threatened taking legal action against media coverage of a Court of Accounts audit report that found that RTUK employees inflated salary payments and travel expenses in 2019.
Corruption: Press covered allegations that former administrators of the parliamentary Staff and Pensioners Savings and Aid Fund misappropriated seven million lira (approximately $886,000) between 2018 and 2019. In August the Parliamentary Disciplinary Board reprimanded the former board chairman and removed other staff from civil servant duties.
Press also widely covered an August limited tender for a railway line, alleging that a company associated with the ruling AKP, Kalyon Group, won the tender and received a significant tax exemption in a nontransparent fashion. Commentators observed that, based on public procurement law, the tender should have been open to all companies, not a select few, since no emergency existed to justify a limited tender process.
In June the CHP filed a criminal complaint against the former mayor of Serik in Antalya province alleging that he accepted a 500,000-lira bribe ($63,300) from tourism industry businessmen. Authorities had not launched an investigation at year’s end. Press first covered the bribery report allegations after the existing AKP mayor of Serik stated he learned that his MHP predecessor accepted a bribe in a meeting with the foreign minister and minister of tourism, but no investigation was launched.
In August 2019 the Istanbul General Prosecutor’s Office opened a case against three journalists from the newspaper Diken and the general manager of the online newspaper T24, both independent media outlets, for “aiding a terrorist organization” in relation to their reporting based on tweets by an anonymous Twitter account (Fuat Avni) in 2014-15. The Twitter account alleged corruption in the ruling AKP. In July courts acquitted the T24 journalists and in September the Diken journalists.
Financial Disclosure: The law requires certain high-level government officials to provide a full financial disclosure, including a list of physical property, every five years. Officials generally complied with this requirement. The Presidency State Inspection Board is responsible for investigating major corruption cases. Nearly every state agency had its own inspector corps responsible for investigating internal corruption. Parliament, with the support of a simple majority, may establish investigative commissions to examine corruption allegations concerning the president, vice president(s), and ministers. The mechanism was not used during the year. A parliamentary super majority (400 deputies) may vote to send corruption-related cases to the Constitutional Court for further action.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A limited number of domestic and international human rights groups operated throughout the country, although many faced continued pressure from the government during the year. Some had difficulty registering as legal entities with the Ministry of Interior. Others faced government obstruction and restrictive laws regarding their operations. Human rights groups reported the government was sometimes unresponsive to their requests for meetings and did not include their input in policy formation. Human rights organizations and monitors as well as lawyers and doctors involved in documenting human rights abuses occasionally faced detention, prosecution, intimidation, and harassment, and their organizations faced closure orders for their activities. For example, in December 2019 the Ministry of the Interior closed and fined the Hatay-based women’s NGO Purple Association for Women’s Solidarity for establishing an unauthorized workplace and conducting unauthorized training. In July after seven months of closure, the association reopened. Human rights organizations reported that official human rights mechanisms did not function consistently and failed to address grave violations.
The HRA reported that its members have collectively faced a total of more than 5,000 legal cases since the group’s establishment and more than 300 legal cases continuing at year’s end. These cases were mostly related to terror and insult charges. The HRA also reported that executives of their provincial branches were in prison. Others faced continued threats of police detention and arrest. For example, police detained HRA’s Istanbul branch president, Gulseren Yoleri, in February as part of an investigation into her 2019 remarks denouncing the country’s military intervention in Syria. In June prosecutors launched a new antiterrorism investigation into human rights lawyer and HRA cochair Eren Keskin. The same month, Keskin’s home was broken into. The HRA assessed the break-in was meant to intimidate Keskin since nothing was stolen. Keskin has faced 143 separate lawsuits and stood trial in several cases against 23 journalists of the daily newspaper Ozgur Gundem closed after the 2016 coup attempt. Keskin was sentenced to seven-and-a-half years in prison for insulting the president and state institutions in 2018 and to three-and-a-half years on terrorism charges in 2019 for her work on the paper where she was editor in chief. Keskin was free pending appeal at year’s end.
The harassment, detention, and arrest of many leaders and members of human rights organizations resulted in some organizations closing offices and curtailing activities and some human rights defenders self-censoring.
Some international and Syrian NGOs based in the country and involved in Syria-related programs reported difficulty renewing their official registrations with the government, obtaining program approvals, and obtaining residency permits for their staff. Some noted the government’s documentation requirements were unclear.
The country participated in the UN Human Rights Council’s Universal Periodic Review process, which concluded in September.
Government Human Rights Bodies: The Ombudsman Institution and the National Human Rights and Equality Institution (NHREI) serve as the government’s human rights monitoring bodies. The Ombudsman Institution operated under parliament as a complaint mechanism for citizens to request investigations into government practices and actions, particularly concerning human rights problems and personnel issues, although dismissals under the 2016-18 state of emergency decrees do not fall within its purview. The Ombudsman Institution’s mandate extends only to complaints relating to public administration. NHREI reviews cases outside of the Ombudsman Institution’s mandate. Independent observers assess that both of the institutions were not financially or operationally independent and did not comply with international human rights standards as prescribed by UN conventions and other international agreements.
In 2019 the NHREI received 1,083 complaints and found violations in four cases. Of these, 273 related to torture and inhuman treatment, 243 were prison transfer requests, 193 related to health, 125 related to prison administration, and 45 to overall prison conditions.
The Ombudsman Institution received 20,968 applications for assistance in 2019, the majority of which dealt with public personnel issues. Of those 13 percent were resolved through amicable settlement.
The Inquiry Commission on the State of Emergency Measures was established in 2017 to review cases and appeals related to purges and closures during the state of emergency (see section 1.e., Civil Judicial Procedures and Remedies).
The Ministry of Justice’s Human Rights Department served as the ministry’s lead entity on human rights issues, coordinating its work with the ministry’s Victims’ Rights Department. It is responsible for developing the national Human Rights Action Plan, the latest version of which was published in December 2019. Human rights groups consulted with the Ministry of Justice in the development process and noted that many provisions in the plan were not consistent with international human rights standards. Human rights groups noted the plan had not been enforced during the year.
Parliament’s Human Rights Commission functioned as a national monitoring mechanism. Commission members maintained dialogue with NGOs on human rights issues and conducted some prison visits, although activists claimed the commission’s ability to influence government action was limited.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Members of National/Racial/Ethnic Minority Groups
The constitution provides a single nationality designation for all citizens and does not expressly recognize national, racial, or ethnic minorities except for three non-Muslim minorities: Armenian Apostolic Christians, Jews, and Greek Orthodox Christians. Other national, religious, or ethnic minorities, including Assyrians, Jaferis, Yezidis, Kurds, Arabs, Roma, Circassians, and Laz, were not permitted to exercise their linguistic, religious, and cultural rights fully.
More than 15 million citizens were estimated to be of Kurdish origin and spoke Kurdish dialects. Security force efforts against the PKK disproportionately affected Kurdish communities in rural areas throughout much of the year. Some predominantly Kurdish communities experienced government-imposed curfews, generally in connection with government security operations aimed at clearing areas of PKK terrorists (see section 1.g.).
Kurdish and pro-Kurdish civil society organizations and political parties continued to experience problems exercising freedoms of assembly and association (see section 2.b.). Hundreds of Kurdish civil society organizations and Kurdish-language media outlets closed by government decree in 2016 and 2017 after the coup attempt remained shut.
The law allows citizens to open private institutions to provide education in languages and dialects they traditionally use in their daily lives, on the condition that schools are subject to the law and inspected by the Ministry of National Education. Some universities offered elective Kurdish-language courses, and four universities had Kurdish-language departments, although several instructors in these departments were among the thousands of university personnel fired under official decrees, leaving the programs unstaffed. In July the Ministry of Education also banned students from writing theses and dissertations in Kurdish, affecting students studying in Kurdish-language departments.
The law allows reinstatement of former non-Turkish names of villages and neighborhoods and provides political parties and their members the right to campaign and use promotional material in any language; however, this right was not protected.
The law restricts the use of languages other than Turkish in government and public services. In March a trustee mayor of Batman province, appointed by the government after the arrest of elected HDP comayors on terrorism charges, removed Kurdish-language information from the municipality website and replaced bilingual pedestrian crossing signs. Batman Province’s population is more than 80 percent Kurdish, and the information removed included guidance on the city and the national government’s COVID-19 preparations. This raised some health concerns, as elderly Kurdish citizens in the southeast are less likely to speak Turkish. All tweets on the official Batman municipality Twitter feed, shared in both Turkish and Kurdish in an attempt to reach the community’s sizeable Kurdish-speaking population, were also deleted, including information on assistance to needy residents and efforts to mitigate economic concerns caused by COVID-19.
In May assailants stabbed and killed Baris Cakan in Ankara, allegedly because he was listening to Kurdish music in his car during the call to prayer. Police detained and later arrested three suspects for the killing.
On International Mother Language Day, February 21, members of parliament from the opposition CHP and HDP parties submitted questions to government officials in the Arabic, Zazaki, Kurmanchi, and Syriac languages. The parliament’s speaker’s office accepted only the Turkish-language submissions.
In October, Istanbul authorities banned a theater company for putting on a Kurdish-language adaptation of the Italian play Trumpets and Raspberries at an Istanbul municipal theater. Company members reported the theater was under police surveillance during stage preparations. The governor of Istanbul, Ali Yerlikaya, wrote on Twitter that authorities banned the play because it contained pro-PKK propaganda and that an investigation had been opened. In November the governor of Sanliurfa province also banned the play.
Although the government officially allows the use of Kurdish in private education and in public discourse, it did not extend permission for Kurdish-language instruction to public education.
Romani communities reported being subjected to disproportionate police violence and housing loss due to urban transformation projects that extended into their traditional areas of residence. Members of the Romani community also reported problems with access to education, housing, health care, and employment. Roma reported difficulty in utilizing government offers to subsidize rent on apartments due to discriminatory rental practices. In June municipality workers tore down 60 tents housing approximately 300 Roma in Cesme, Izmir. The Izmir Bar Association, which visited the site, reported that Romani families were left in destitute conditions. According to community representatives, the municipality promised to deliver trailers to replace the tents but failed to do so. Due to COVID-19 restrictions, community representatives reported that Romani children living in tent cities did not have access to education. Community representatives indicated that 96 percent of Roma were unemployed, although many had jobs in the informal economy.
The government adopted a national Romani strategy in 2016 but underfunded the initiative. Romani advocates complained there was little concrete advancement for Roma. They also reported that Romani communities were particularly hard hit by the COVID-19 pandemic and that the national government did little to provide economic assistance to the communities, particularly since most Roma worked in the informal economy as garbage collectors, flower vendors, and musicians who perform at restaurants or social events. With the imposition of restrictions aimed at slowing the spread of COVID-19 by enforcing social distancing precautions, many Roma found themselves cut off from their livelihoods and without access to the social safety net available to those who could apply for unemployment benefits.
In a statement marking International Romani Day on April 8, a group of 48 Romani organizations in the country asserted that continuing “deep discrimination and serious obstacles” prevented Roma from accessing services during the pandemic. Although national efforts largely missed the Romani community, some municipalities, notably Izmir, worked with Romani advocacy groups and made special efforts to deliver aid including food parcels, masks, and hygiene supplies.
Armenian minority groups reported a rise in hate speech and coded language directed against the Armenian community, including from high-level government officials. In a speech on May 4, President Erdogan stated, “We will not give in to terrorists, who are the leftovers of the sword.” Armenian groups noted “leftovers of the sword” is a term that had been used to indicate those who survived the mass deportation and massacre of Armenians in the final years of the Ottoman Empire.
On May 29, the widow of ethnic Armenian journalist Hrant Dink, who was murdered in 2007, and a Hrant Dink Foundation lawyer received death threats by email urging them to leave the country. Turkish police arrested two suspects in the case who were released from detention on September 21, pending trial.
After the outbreak of hostilities between Armenia and Azerbaijan on September 27, members of the Armenian minority reported increased anti-Armenian rhetoric, including in traditional and social media. Supporters of Azerbaijan staged car convoys featuring Azerbaijani flags in Istanbul near the Armenian Patriarchate and in districts with large Armenian populations. The Hrant Dink Foundation recorded a threefold increase in hate speech targeting Armenians in the week of September 27-October 5, citing more than 1,000 news reports and commentary featuring anti-Armenian language meeting the organization’s criteria for hate speech. On October 5, HDP MP and ethnic Armenian Turk Garo Paylan stated he had been threatened and noted that a progovernment think tank had placed newspaper ads calling him a spy for supporting Armenia. Government officials strongly condemned intimidation of ethnic Armenians and committed to protect the minority. Police increased presence in Istanbul neighborhoods with significant ethnic Armenian populations.