Turkey is a constitutional republic with an executive presidential system and a unicameral 600-seat parliament (the Grand National Assembly). In presidential and parliamentary elections in 2018, Organization for Security and Cooperation in Europe observers expressed concern regarding restrictions on media reporting and the campaign environment, including the jailing of a presidential candidate that restricted the ability of opposition candidates to compete on an equal basis and campaign freely.
The National Police and Jandarma, under the control of the Ministry of Interior, are responsible for security in urban areas and rural and border areas, respectively. The military has overall responsibility for border control and external security. Civilian authorities maintained effective control over law enforcement officials, but mechanisms to investigate and punish abuse and corruption remained inadequate. Members of the security forces committed some abuses.
Under broad antiterror legislation passed in 2018 the government continued to restrict fundamental freedoms and compromised the rule of law. Since the 2016 coup attempt, authorities have dismissed or suspended more than 60,000 police and military personnel and approximately 125,000 civil servants, dismissed one-third of the judiciary, arrested or imprisoned more than 90,000 citizens, and closed more than 1,500 nongovernmental organizations on terrorism-related grounds, primarily for alleged ties to the movement of cleric Fethullah Gulen, whom the government accused of masterminding the coup attempt and designated as the leader of the “Fethullah Terrorist Organization.”
Significant human rights issues included: reports of arbitrary killings; suspicious deaths of persons in custody; forced disappearances; torture; arbitrary arrest and continued detention of tens of thousands of persons, including opposition politicians and former members of parliament, lawyers, journalists, human rights activists, and employees of the U.S. Mission, for purported ties to “terrorist” groups or peaceful legitimate speech; the existence of political prisoners, including elected officials; politically motivated reprisal against individuals located outside the country; significant problems with judicial independence; severe restrictions on freedom of expression, the press, and the internet, including violence and threats of violence against journalists, closure of media outlets, and unjustified arrests or criminal prosecution of journalists and others for criticizing government policies or officials, censorship, site blocking and the existence of criminal libel laws; severe restriction of freedoms of assembly, association, and movement; some cases of refoulement of refugees; and violence against women and lesbian, gay, bisexual, transgender, and intersex persons and members of other minorities.
The government took limited steps to investigate, prosecute, and punish members of the security forces and other officials accused of human rights abuses; impunity remained a problem.
Clashes between security forces and the Kurdistan Workers’ Party terrorist organization and its affiliates continued, although at a reduced level compared with previous years, and resulted in the injury or death of security forces, terrorists, and civilians. The government did not release information on efforts to investigate or prosecute personnel for wrongful or inadvertent deaths of civilians linked to counterterrorist operations.
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.
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.