Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law provide for freedom of expression within certain limits, and the government restricted freedom of expression, including for the press, throughout the year. Multiple articles in the penal code directly restrict press freedom and free speech, for example, through provisions that prohibit praising a crime or criminals or inciting the population to enmity, hatred, or denigration, as well as provisions that protect public order and criminalize insulting the state, the president, or government officials. Many involved in journalism reported that the government’s prosecution of journalists representing major opposition and independent newspapers and its jailing of journalists during the preceding three years hindered freedom of speech and that self-censorship was widespread amid fear that criticizing the government could prompt reprisals.
The law provides for punishment of up to three years in prison for a conviction of “hate speech” or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law for not including restrictions based on gender identity and noted that the law was sometimes used more to restrict freedom of speech than to protect minorities.
The government convicted and sentenced hundreds of individuals for exercising their freedom of expression. According to a poll by Reuters conducted in 2018 as part of its Digital News Report: Turkey Supplementary Report, 65 percent of respondents in Turkey stated, “…concern that openly expressing their views online could get them into trouble with the authorities.”
Expression critical of the government was frequently met with criminal charges alleging affiliation with terrorist groups or terrorism. In October, during Operation Peace Spring, the government launched investigations against more than 800 individuals largely for social media posts deemed critical of government actions in northeast Syria. The Ministry of Interior reported in the same month it had detained 186 and arrested 24 individuals based on charges related to support for terror because of their social media posts.
During the year the government opened investigations into thousands of individuals, including politicians, journalists, and minors, based on allegations of insulting the president; the founder of the Turkish Republic, Mustafa Kemal Ataturk; or state institutions. Based on HRA and HRFT statistics, during the first 11 months of the year, the government investigated more than 36,000 individuals and filed criminal cases against more than 6,000 people related to accusations they insulted the president or the state. In May a court sentenced construction worker Deniz Avci to two years’ imprisonment for insulting the president after he shared two cartoons depicting President Erdogan on social media. Avci’s lawyer noted the government had not opened any lawsuits against the cartoons’ creator or publisher.
Estimates of the number of imprisoned journalists varied. The Media and Law Studies Association in Istanbul attributed the disparity to the varying definitions of “journalist” or “media worker.” While the government officially recognizes as journalists only persons who have been issued a yellow press accreditation card–typically limited to reporters, cameramen, and editors–media watchdog groups included distributors, copy editors, layout designers, or other staff of media outlets in their definition. The government often categorized imprisoned journalists from Kurdish-language outlets or alleged pro-Gulen publications as “terrorists,” alleging ties to the PKK and the Gulen movement. Information about and access to the imprisoned staff of some of these outlets was therefore limited, further contributing to disparities in tallies of jailed journalists.
Estimates of the number of incarcerated journalists ranged from at least 47 according to the Committee to Protect Journalists (CPJ) to 136 according to the International Press Institute (IPI). The majority faced charges related to antistate reporting or alleged ties to the PKK or Gulen movement.
An unknown number of journalists were outside the country and did not return due to fear of arrest, according to the Journalists Association. Hundreds more remained out of work after the government closed more than 200 media companies allegedly affiliated with the PKK or Gulen movement, mostly in 2016-17, as part of its response to the 2016 coup attempt.
Freedom of Expression: Individuals in many cases could not criticize the state or government publicly without risk of civil or criminal suits or investigation, and the government restricted expression by individuals sympathetic to some religious, political, or cultural viewpoints. At times those who wrote or spoke on sensitive topics or in ways critical of the government risked investigation, fines, criminal charges, job loss, and imprisonment.
On September 6, an Istanbul court sentenced Republican People’s Party (CHP) Istanbul chairperson Canan Kaftancioglu to nearly 10 years’ imprisonment for “insulting the republic” and “insulting the president” for tweets she shared between 2012 and 2017. She remained free pending a legal appeal at years’ end.
A parliamentary by-law prohibits use of the word “Kurdistan” or other sensitive terms by members of parliament on the floor of parliament, providing for the possible issuance of fines to violators.
On December 2, the Diyarbakir public prosecutor requested charges be filed against former Diyarbakir Bar Association chairman Ahmet Ozmen and the former members of the bar’s executive board for violating Article 301 of the penal code, the article that criminalizes, among other things, openly provoking hatred and hostility and insulting parliament. The charges stemmed from a statement the Diyarbakir Bar Association released on April 24, 2017, saying, “We share the unrelieved pain of Armenian people.”
Rights groups and free speech advocates reported intensifying government pressure that in certain cases resulted in enhanced caution in their public reporting.
Press and Media, Including Online Media: Mainstream print media and television stations were largely controlled by progovernment holding companies heavily influenced by the ruling party. Reporters Without Borders estimated the government was able to exert power in the administration of 90 percent of the most-watched television stations and most-read national daily newspapers. Only a small fraction of the holding companies’ profits came from media revenue, and their other commercial interests impeded media independence, encouraged a climate of self-censorship, and limited the scope of public debate.
Nearly all private Kurdish-language newspapers, television channels, and radio stations remained closed on national security grounds under government decrees.
Government prosecution of independent journalists limited media freedom throughout the year. In April 2018, 14 persons affiliated with the leading independent newspaper, Cumhuriyet, were convicted of aiding terrorist organizations, citing their reporting as part of the evidence against the accused, and sentenced to prison terms of between three and seven years. The court placed the journalists on probation and banned them from traveling abroad until the appeals process concluded. In April six defendants returned to prison after an appeals court upheld their convictions. Following a Supreme Court of Appeals ruling in September that dismissed most of the cases, only one former staff member remained jailed, but travel bans on the others remained in place. The original court set aside the Supreme Court of Appeals ruling and held a retrial for 13 of the original defendants in November, acquitting one and ruling against the Supreme Court of Appeals’ decision for the other 12. The case continued at year’s end as the defendants appealed the decision.
Additional journalists whose detentions were considered politically motivated included four journalists and editors who had worked for the now-closed, Gulen-linked Zaman newspaper. Authorities arrested the four in 2016, and they remained in detention on terrorism and coup-related charges. International human rights organizations condemned the sentences of six other journalists sentenced to aggravated life prison sentences on February 16 for alleged links to the 2016 coup attempt. On July 6, courts convicted an additional six journalists associated with the closed Zaman newspaper of terrorism-related charges and sentenced them to between eight and more than 10 years’ imprisonment.
In several cases the government barred journalists from travelling outside the country. For example, after serving three months in prison for “membership in a terror organization” and being acquitted in December 2018 due to lack of evidence, Austrian journalist and student Max Zringast remained under judicial control and was barred from leaving the country.
Violence and Harassment: Government and political leaders and their supporters used a variety of means to intimidate and pressure journalists, including lawsuits, threats, and, in some cases, physical attack.
In a spate of violence during the spring, six journalists from various outlets across the country were attacked in the space of five weeks. In May six individuals attacked Yenicag newspaper columnist Yavuz Demirag, ostensibly because they disagreed with his reporting. All three were released after questioning by authorities. In another attack in May, three individuals who attacked journalist Selahattin Onkibar were released under judicial control. The Turkish Journalists Union criticized the lack of investigations and blamed the increase in attacks against journalists on a sense of impunity on the part of those responsible for attacks.
The government routinely filed terrorism-related charges against an individual or publication in response to reporting on sensitive topics, particularly PKK terrorism and the Gulen movement (also see National Security). Human rights groups and journalists asserted the government did this to target and intimidate journalists and the public. In November reporters Ruken Demir (Mesopotamia Agency) and Melike Aydın (Jinnews) were placed in pretrial detention pending a hearing on charges of supporting a terrorist organization that reportedly stemmed from the content of their reporting.
Journalists reported that media outlets fired some individuals for being too controversial or adversarial with the government out of fear of jeopardizing other business interests.
Journalists affiliated or formerly affiliated with pro-Kurdish outlets faced significant government pressure, including incarceration. The government routinely denied press accreditation to Turkish citizens working for international outlets for any association (including volunteer work) with Kurdish-language outlets.
Censorship or Content Restrictions: Government and political leaders maintained direct and indirect censorship of news media, online media, and books. The Ministry of Interior disclosed that, between January 1 and April 9, it examined 10,250 social media accounts and took legal action against more than 3,600 users whom it accused of propagandizing or promoting terror organizations, inciting persons to enmity and hostility, or insulting state institutions. Media professionals widely reported practicing self-censorship due to intimidation and risks of criminal and civil charges.
While the law does not prohibit particular books or publications, publishing houses were required to submit books and periodicals to prosecutors for screening at the time of publication. The Turkish Publishers Association (TPA) reported that the country’s largest bookstore chain, D&R, removed some books from its shelves and did not carry books by some opposition political figures.
The TPA reported that publishers often exercised self-censorship, avoiding works with controversial content (including government criticism, erotic content, or pro-Kurdish content) that might draw legal action. The TPA reported that publishers faced publication bans and heavy fines if they failed to comply in cases in which a court ordered the correction of offensive content. Publishers were also subject to book promotion restrictions. In some cases prosecutors considered the possession of some Kurdish-language, pro-Kurdish, or Gulen movement books to be credible evidence of membership in a terror organization. In other cases authorities directly banned books because of objectionable content. For example, in September a court in Kars banned two books related to Kurds or “Kurdistan” for promoting “a terrorist organization.”
In July an Ankara court ordered domestic internet service providers to block in-country access to 135 web addresses representing a wide variety of platforms, including the independent news site Ozgur Gelecek (see Internet Freedom).
The government’s efforts to control media continued. A July report by Foundation for Political, Economic, and Social Research (a think tank with close ties to the ruling AKP) identified some foreign media outlets reporting from the country (e.g., BBC, Deutsche Welle, and Voice of America) as “antigovernment” and “proterrorism” for stories the organization deemed too critical of the Turkish government or promoting terrorist-related perspectives. In response the Turkish Journalists Union filed a complaint about the report, stating that it made the outlets and their correspondents “public targets.” Other critics and free speech advocates, including the European Center for Press and Media Freedom, asserted the publication laid the groundwork for greater suppression of foreign reporting and correspondents.
Some journalists reported their employers fired them or asked them to censor their reporting if it appeared critical of the government. These pressures contributed to an atmosphere of self-censorship in which media reporting became increasingly standardized along progovernment lines. Failure to comply typically resulted in a dismissal, with media groups occasionally citing “financial reasons” as a blanket cause for termination.
Some writers and publishers were subject to prosecution on grounds of defamation, denigration, obscenity, separatism, terrorism, subversion, fundamentalism, or insulting religious values. Authorities investigated or continued court cases against a myriad of publications and publishers on these grounds during the year. Media and Law Studies Association codirector and lawyer Veysel Ok and reporter Cihan Acar were sentenced to five months’ imprisonment on the charge of “degrading the judicial bodies of the state.” The lawsuit was based on an interview Ok gave to the newspaper Ozgur Dusunce in which he questioned the independence of the judiciary.
Radio and television broadcast outlets did not provide equal access to the country’s major political parties. Critics charged that the media generally favored the ruling AKP political party, including during the March municipal elections (see section 3).
The Radio and Television Supreme Council (RTUK) continued the practice of fining broadcasters whose content it considered “contrary to the national and moral values of society.” For example, RTUK sanctioned television channel TELE1 for broadcasting a speech made by HDP cochair Sezai Temelli in parliament. As of August RTUK’s authority extended to online broadcasters as well. Service providers that broadcast online are required to obtain a license or may face having their content removed. RTUK is empowered to reject license requests on the grounds of national security and to subject content to prior censorship. Civil society organizations reported concerns about the high cost of the license and requirement to obtain vetting certification from local police.
Libel/Slander Laws: Observers reported that government officials used defamation laws to stop political opponents, journalists, and ordinary citizens from voicing criticism (see section 2.a., Freedom of Expression, Including for the Press). According to press reports, convictions for insulting the president increased 13-fold between 2016 and the end of the year. The law provides that persons who insult the president of the republic may face a prison term of up to four years. The sentence may be increased by one-sixth if committed publicly and by one-third if committed by media outlets.
Authorities charged citizens, including minors, with insulting the country’s leaders and denigrating “Turkishness.” For example, in July a court of appeals sentenced famous local singer and actress Zuhal Olcay to 11 months and 20 days in prison for allegedly insulting the president in a song at a concert.
The government also targeted lawmakers, mostly from the pro-Kurdish HDP, with a significant number of insult-related cases. As of December at least 4,912 HDP lawmakers, executives, and party members had been arrested since July 2016 for a variety of charges related to terrorism and political speech.
While leaders and deputies from opposition political parties regularly faced multiple insult charges, free speech advocates pointed out that the government did not apply the law equally and that AKP members and government officials were rarely prosecuted.
According to the Ministry of Justice, in 2018 the government launched 36,660 investigations against at least 6,320 individuals related to insulting the president, including 104 children between the ages of 12 and 15. Comprehensive government figures for 2019 were unavailable at year’s end.
National Security: Authorities regularly used the counterterrorism law and the penal code to limit free expression on grounds of national security. Organizations, including the Committee to Protect Journalists and Freedom House, reported that authorities used the counterterrorism law and criminal code to prosecute journalists, writers, editors, publishers, filmmakers, translators, rights activists, lawyers, elected officials, and students accused of supporting a terrorist organization–generally either the PKK or the Gulen movement.
In one example in July, two filmmakers were sentenced to four years, six months in prison for their 2015 documentary movie, Bakur, about the PKK. According to the court, the documentary was “propaganda for a terrorist organization.” Many observers, however, viewed the prosecution as an example of the government using antiterror laws to limit freedom of expression.
Prominent columnist Ahmet Altan remained in prison at year’s end. Altan was convicted in 2018 for “attempting to overthrow the constitutional order” and received an aggravated life sentence in February 2018. The Supreme Court of Appeals overturned his life imprisonment sentence in July and recommended he face the lesser charge of “aiding a terrorist organization.” In November the court convicted Altan on the lesser charge but ordered his release for time served. He was released on November 4 but rearrested on November 12 following the prosecutor’s objection to his release. Economist Mehmet Altan was previously convicted, along with his brother Ahmet, on terror-related charges for allegedly sending coded messages to the 2016 coup plotters during a panel discussion on a television program. The Supreme Court of Appeals overturned the verdict against Mehmet Altan due to a lack of sufficient and credible evidence, and he was acquitted in the retrial.
Authorities also targeted foreign journalists. For example, in June a criminal court in Istanbul accepted an indictment charging two Bloomberg News reporters for their coverage of the country’s economy, alleging that their reports had undermined the country’s economic stability. If convicted, they could face as many as five years in prison.
Nongovernmental Impact: The PKK used intimidation to limit freedom of speech and other constitutional rights in the southeast. Some journalists, political party representatives, and residents of the southeast reported pressure, intimidation, and threats if they spoke out against the PKK or praised government security forces.
b. Freedoms of Peaceful Assembly and Association
The government restricted the freedoms of peaceful assembly and association.
c. Freedom of Religion
d. Freedom of Movement
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government limited these rights. The government continued to restrict foreign travel for some citizens accused of links to the Gulen movement or the failed 2016 coup attempt. In March authorities lifted passport restrictions for 57,000 individuals, although it remained unclear how many more remained unable to travel. Curfews imposed by local authorities in response to counter-PKK operations and the country’s military operation in northern Syria also restricted freedom of movement. The government declared Hakkari Province a “special security zone” and limited movement into and out of several districts in the province for weeks at a time, citing the need to protect citizens from PKK attacks.
In-country Movement: The constitution provides that only a judge may limit citizens’ freedom to travel and only in connection with a criminal investigation or prosecution. Antiterror laws allowed severe restrictions to be imposed on freedom of movement, such as granting governors the power to limit movement on individuals, including entering or leaving provinces, for up to 15 days.
Freedom of movement remained a problem in parts of the east and southeast, where countering PKK activity led authorities to block roads and set up checkpoints, temporarily restricting movement at times. The government instituted special security zones, restricting the access of civilians, and established curfews in parts of several provinces in response to PKK terrorist attacks or activity (see section 1.g., Abuses in Internal Conflict).
Conditional refugees and Syrians under temporary protection also experienced restrictions on their freedom of movement (see section 2.f., Protection of Refugees).
Foreign Travel: The government placed restrictions on foreign travel for tens of thousands of citizens accused of links to the Gulen movement or the failed coup attempt, as well as to their extended family members. Authorities also restricted some foreign citizens with dual Turkish citizenship from leaving the country due to alleged terrorism concerns. The government maintained that the travel restrictions were necessary to preserve security.
For those barred from travel, some chose to leave the country illegally. In October a boat carrying 19 citizens seeking to flee the country capsized in the Aegean Sea, killing seven, including five children.
Syrians under temporary protection risked the loss of temporary protection status and a possible bar on re-entry into the country if they chose to travel to a third country or return temporarily to Syria. The government issued individual exit permissions for Syrians under temporary protection departing the country for family reunification, health treatment, or permanent resettlement, and required an individual exception for all other reasons. The government sometimes denied exit permission to Syrians under temporary protection for reasons that were unclear.
f. Protection of Refugees
The government took steps during the year to increase services provided to the approximately four million refugees, asylum seekers, and migrants in the country, nearly 3.7 million of whom were displaced Syrians. A 2016 agreement between the government and the EU continued to limit irregular migration from Turkey to Europe via the Aegean Sea. The Directorate General for Migration Management reported 414,313 “irregular migrants” were apprehended as of November. UNHCR reported 185,000 of these apprehensions were Afghan nationals. Some 89,000 were deported to their countries of origin. Most of these individuals were from Pakistan or Afghanistan, according to UNHCR. Reports of larger-scale detentions of individuals, including Afghans, Syrians and Iraqis, were also received. In the first six months of the year, an estimated 144 migrants died due to drowning, traffic accidents, or exposure to the elements.
Abuse of Migrants, Refugees, and Stateless Persons: Multiple sources reported that authorities denied entry to undocumented Iraqis, Syrians, and Afghans during the year. There were reports that Turkish border guards intercepted or summarily deported Syrians and Afghans seeking asylum. In the days immediately following the Ministry of Interior’s announcement of stricter enforcement of refugee registration requirements in Istanbul, UNHCR confirmed that a small number of Syrian refugees had been involuntarily returned to Syria. Turkish border guards also reportedly killed or injured Syrian asylum seekers at the border (see section 1.a.). During the offensive by Syrian government forces in Idlib in June and July, there were reports of displaced Syrians in Turkey being forced to return back across the border into Syria (also see Refoulement).
The country’s borders with Syria and Iraq remained closed to all but urgent humanitarian, medical, and family reunification cases since late 2015. Of the 20 border crossing points between Syria and Turkey, only three were open for limited civilian access. The rest were for military or military and humanitarian assistance only. Since November 2017 some provinces along the border with Syria limited registration of asylum seekers to certain exceptional cases only, limiting refugees’ ability to gain access to social services, including education and medical care in these areas, unless they relocate to a city where they can register. Large cities such as Istanbul also limited registration.
Incidents of societal violence directed against refugees and persons in refugee-like conditions increased during the year. In June in the Kucukcekmece district of Istanbul, tensions between local residents and Syrian refugees erupted into violence that continued for two nights and resulted in the destruction of several Syrian businesses. Workplace exploitation, child labor, and forced early marriage also remained significant problems among refugees. Human rights groups alleged conditions in detention and removal centers sometimes limited migrants’ rights to communication with and access to family members, interpreters, and lawyers (also see Refoulement).
In certain districts of Istanbul, NGO staff members reported receiving verbal threats and harassment from residents of host communities, urging them not to help Syrians.
The government cooperated with UNHCR and other humanitarian organizations in providing protection and assistance to conditional refugees, returning refugees, stateless persons, and temporary and international protection status holders.
UNHCR reported there were LGBTI asylum seekers and conditional refugees in the country, most coming from Iran. According to human rights groups, these refugees faced discrimination and hostility from both authorities and the local population due to their status as members of the LGBTI community. Commercial sexual exploitation also remained a significant problem in the LGBTI refugee community, particularly for transgender individuals.
Refoulement: Authorities generally offered protection against refoulement to all non-European asylum seekers who met the definition of a refugee in the 1951 UN Refugee Convention, although there were some confirmed cases of refoulement and tens of thousands of deportations have taken place during the year. The government increased efforts to deport those it claimed entered the country illegally, before they were granted status determination interviews by Turkish migration authorities. Istanbul, along with 14 other provinces, stopped registering asylum seekers in 2018, with the exception of those in a few categories such as newborn children and some specialized medical cases and family reunification instances. Many asylum seekers reported that in order to find work or be with their families, they either did not register or moved from the city where they had registered, neither of which is allowed under the country’s regulations. During the year the government also increased enforcement in major cities, such as Istanbul, against those who were either unregistered or registered to live in another province. In one instance an operation in July in Istanbul apprehended 6,122 individuals, including 2,600 Afghans and 1,000 Syrians, who either did not have valid registration to reside in Istanbul or who did not have registration at all.
The Ministry of Interior stated that all refugees of nationalities other than Syrian apprehended during these operations were sent to “repatriation centers.” Multiple refugee advocacy and human rights groups, including Amnesty International, reported the refoulement of some Syrians throughout the summer, during active conflict in Idlib, and the fall. While some deported Syrians acknowledged they were living unregistered when they were apprehended and deported, others said they were living outside their city of registration or claimed to have been carrying valid government documents guaranteeing their ability to reside in Turkey. One international human rights group reported that 23 Syrians claimed they were forcibly repatriated although they had not been willing to sign a “voluntary return form” or signed only after being coerced or misinformed. The government contended all returns were voluntary.
Access to Asylum: The law provides for standard treatment of asylum seekers countrywide and establishes a system of protection, but it limits rights granted in the 1951 convention to refugees from Europe and establishes restrictions on movement for conditional refugees. While non-European asylum seekers were not considered refugees by law, the government granted temporary protection status to millions of Syrians while maintaining conditional/subsidiary refugee status and providing international protection for other asylum seekers. Individuals recognized by the government for temporary protection (Syrians) or conditional/subsidiary refugee status (all other non-Europeans, for example, Iraqis, Iranians, and Somalis) were permitted to reside in the country temporarily until they could obtain third-country resettlement.
The law provides regulatory guidelines for foreigners’ entry into, stay in, and exit from the country, and for protection of asylum seekers. The law does not impose a strict time limit to apply for asylum, requiring only that asylum seekers do so “within a reasonable time” after arrival. The law also does not require asylum seekers to present a valid identity document to apply for status.
UNHCR reported it had intermittent and unpredictable access to detention and removal centers where non-Syrians were detained. UNHCR reported its visits to removal centers where apprehended foreigners were detained indicated the need for improvement in some areas, including access to information and legal aid by detainees as well as improved interpretation services. A 2016 agreement between the EU and Turkey allows some migrants arriving in Greece to be returned to Turkey in particular circumstances. Some contacts expressed doubts that all these readmitted persons had access to the asylum procedure and echoed UNHCR’s concerns.
Freedom of Movement: Authorities assigned Syrians to one of 62 “satellite cities,” where they are supposed to receive services from local authorities under the responsibility of provincial governorates. These refugees were required to check in with local authorities on either a weekly or biweekly basis and needed permission from local authorities to travel to cities other than their assigned city, including for meetings with UNHCR or resettlement-country representatives, which the government generally provided. Syrians under temporary protection were also restricted from traveling outside of provinces listed on their registration cards without permission. Syrians and non-Syrians could request permission to travel or to transfer their registration through the Directorate General for Migration Management (DGMM). Certain provinces did not accept travel permission requests or transfer of registration from Syrians under temporary protection. Syrians living in camps required permission from camp authorities to leave the camps.
Employment: The law allows both Syrians under temporary protection and non-Syrian conditional refugees the right to work, provided they were registered in the province they wish to work in for six months. Applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both conditional refugees and Syrians under temporary protection remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.
Access to Basic Services: The government provided free access to the public medical system to Syrians registered for temporary protection and subsidized medical care to other conditional refugees. The government also expanded access to education for school-age Syrian children. Many encountered challenges overcoming the language barrier or meeting transportation or other costs, or both.
As of September the Ministry of National Education reported that 684,000 of the school-age refugee children in the country were in school, a significant increase from prior years. An estimated 36.9 percent remained out of school as of September. According to UNICEF, nearly 526,000 refugee children received monthly cash assistance for education through a joint program with UNICEF funded by international donors.
Provincial governments, working with local NGOs, were responsible for meeting the basic needs of refugees and other asylum seekers assigned to satellite cities in their jurisdictions, as well as of the Syrians present in their districts. Basic services were dependent on local officials’ interpretation of the law and their resources. Governors had significant discretion in working with asylum seekers and NGOs, and the assistance provided by local officials to refugees and persons in situations similar to those of refugees varied widely.
Durable Solutions: The law does not provide for durable solutions within the country for Syrians under temporary protection or for conditional refugees, but it allows them to stay until resettled to a foreign country or able to return to their country of origin. The government granted citizenship to some Syrian refugees on a limited basis. As of September authorities had granted approximately 100,000 Syrians citizenship since 2010, according to the Interior Ministry’s General Directorate of Population and Citizenship Affairs.
Temporary Protection: Turkey adopted a geographically limited understanding of the term “refugee” when it ratified the Refugee Convention and acceded to the Refugee Protocol, recognizing only Europeans as eligible for legal refugee status. In recognition of this gap, the government adopted a temporary protection regulation in 2014. The government offered temporary protection to Syrian refugees who did not qualify as refugees due to the European-origin limitation in the law. According to the Syrian National Coalition and Turkish authorities, at year’s end the country was hosting under this “temporary protection” status nearly 3.6 million Syrian refugees. Authorities required Syrian asylum seekers to register with the DGMM to legalize their temporary stay in the country. In 15 provinces the DGMM no longer processed new registrations beyond newborns and highly vulnerable Syrians. Syrians who registered with the government were able to receive an identification card, which qualified them for assistance provided through the governorates, including free primary health care. By year’s end the DGMM had closed all but seven camps in five provinces. Residents of these camps numbered 63,443 at year’s end, according to authorities.
Syrians who officially entered the country with passports could receive one-year residence permits upon registration with the government. In 2018, 74,939 Syrians held valid residence permits; 2019 figures were not available at year’s end.
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. In 2018 it did not publish its annual report, however, and as of December had not begun its 2019 audit. 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.
During the year the government prosecuted 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 March a court sentenced 15 individuals involved in a 2013 corruption investigation of senior government leaders to life imprisonment. There were no reports that senior government officials faced official investigations for alleged corruption.
In October the Constitutional Court overturned a broadcast and publication ban on 2013 reports about corruption involving former ministers (four resigned at the time). As of December, however, the Radio and Television Supreme Council had yet to remove the ban on the reports, despite the court’s ruling.
Corruption: In August the government began investigations against two independent media outlets, T24 and Diken, for publishing reports based on tweets by an anonymous Twitter account (Fuat Avni) in 2014-15 related to allegations of corruption against the ruling AKP.
In August media outlets reported that a Ministry of Interior Affairs inspection found that in the southeastern province of Sanliurfa, the former AKP mayor of the Ceylanpinar district, Menderes Atilla, appointed his daughter as his executive assistant with an annual salary of more than 250,000 liras ($42,500). The former mayor’s daughter, Tugce Atilla, was first appointed in 2015 but did not report to work until March 2019, according to the inspection. The ministry ordered Atilla to pay back the income she had not earned.
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 May a court sentenced 11 members of the executive board of the Turkish Medical Doctors Union to between 20 months’ and three years’ imprisonment for alleged terror propaganda for their 2018 public statement that “war is a public health issue” during the country’s Operation Olive Branch intervention in Syria. Human rights organizations reported that official human rights mechanisms did not function consistently and failed to address grave violations.
Human rights groups reported continued and intense government pressure. In one case, Osman Kavala, a prominent philanthropist and civil society leader jailed since 2017, remained in prison on charges of “attempting to overthrow the government” for involvement during the 2013 Gezi Park protests. The government also prosecuted on similar charges 15 others loosely associated with Kavala, including human rights activists and academics. Local and international human rights groups criticized the detentions and trials as politically motivated and lacking evidentiary justification.
The HRA reported that as of June its members had cumulatively faced more than 5,000 legal cases, mostly related to terror and insult charges since the group’s establishment. The HRA also reported that executives of their provincial branches were in prison. The HRFT reported its founders and members were facing 30 separate criminal cases. 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.
Government Human Rights Bodies: The government continued to staff its human rights monitoring body, the NHREI. According to August press reports, the NHREI received at least 10 applications regarding prison conditions and the practices of prison authorities. The NHREI did not accept any of the complaints. In response to an application regarding prison overcrowding, the NHREI stated that “due to the increased number of arrestees [related to the state of emergency period] and intensity of the capacity in prisons, such practice shall be accepted as proportionate.” Critics complained the institution was ineffective and lacked independence.
The Ombudsman Institution operated under parliament but as an independent 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 did not fall within its purview. According to online data, in 2018 the office received 17,585 applications for assistance, the majority of which dealt with public personnel issues.
The Inquiry Commission on the State of Emergency Measures, established in 2017 to address cases and appeals related to purges and closures during the state of emergency, announced in July that it had reviewed a total of 482,000 case files since its inception. From 2017 to August, the commission rejected 77,600 appeals and accepted approximately 6,700. Critics complained the commission’s decisions were opaque, biased, and slow.
The Ministry of Justice’s Human Rights Department served as its lead entity on human rights issues, coordinating its work with the ministry’s Victims’ Rights Department.
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.