EXECUTIVE SUMMARY
Commissioner for Human Rights of the Council of Europe, Dunja Mijatović, Flags Non-Implementation of Judgments from ECHR, Venice Commission, and Turkish Constitutional Court as Serious Threat to Rule of Law, Public Trust and Constitutional Order
Commissioner issued a comprehensive Memorandum on March 5, 2024, assessing the state of freedom of expression, media, and human rights defenders in Turkey calling for urgent measures to address these challenges, emphasizing alignment with international human rights standards.
ECHR Ruling as a Milestone – Yalcinkaya Judgement
In a recent landmark decision, the ECHR ruled in favor of Yüksel Yalçınkaya, associated with the Gulen (Hizmet) movement, stating violations of his rights to a fair trial, freedom of assembly, association, and no punishment without law. This decision carries significant weight for Hizmet movement volunteers targeted by the Erdogan regime. IHD (Human Rights Association) of Turkey, referring to the UN Special Rapporteur’s report, emphasizes the necessity of a precise and clear definition of terrorist acts to prevent their misuse, particularly when charges are applied for reasons unrelated to counter-terrorism or “thought crimes” as described by authorities. They criticize the broad and vague definition of terrorism outlined in Turkey’s Anti-Terror Laws, which focuses on intent or target rather than specific criminal acts. This broad definition enables individuals and organizations to be labeled as terrorists even if they have not committed violent acts. Consequently, various individuals in Turkey, including journalists, authors, academics, human rights defenders, and politicians, have been unjustly accused solely for expressing their opinions without engaging in violence.
Post-Coup Actions and Violations
Post-2016 coup attempt, Turkey terminated or placed on leave tens of thousands of public servants, detained over 95,000 individuals, and closed 1,500 NGOs. Notably, over 160,000 individuals faced investigations for “insulting the President,” leading to trials, convictions, and imprisonment. Human Rights Watch (HRW) reported that, as of July 18, 2016, authorities in Turkey had declared over 7,500 arrests, which included 755 judges and prosecutors, along with the suspension of numerous judges, prosecutors, and police officers. Furthermore, on the same day, 20 news websites were forcefully closed, surpassing the shutdown of 200 media outlets in the aftermath. The rapidity and magnitude of these arrests, particularly of high-ranking judges, imply a purge rather than a procedure grounded in substantive evidence, according to Hugh Williamson, the director for Europe and Central Asia at Human Rights Watch.
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