
This section features TLSP’s official statements, position notes, and public responses to significant developments affecting human rights and the rule of law in Turkey. In close collaboration with other civil society actors, lawyers and human rights defenders, we draw attention to key issues and cases relating to the capture of democratic institutions and the rule of law; arbitrary restrictions on civic space; the systemic repression of human rights defenders and civil society; fair trial violations, arbitrary detention and rights violations in detention; impunity and the breakdown of legal remedies; and the non-implementation of ECtHR judgments and other international human rights decisions. Through these statements, we provide a legal assessment of the unfolding situations, highlight systemic concerns, and contribute to public discussions by providing clear, evidence-based analysis aimed at securing human rights protection and accountability.
WEBINAR ON THE IMAMOĞLU CASE
THE İMAMOĞLU CASE – JUDICIAL POWER AS A TOOL OF POLITICAL CONTROL
23 March 2026
PANEL 1- International Human Rights Perspective * Ayşe Bingöl Demir, TLSP * Emma Sinclair-Webb, Human Right Watch * Milena Buyum, Amnesty International Moderator: Ş. Ceren Uysal, PEN Norway PANEL 2- Parliament Under Pressure * Meral Danış Beştaş, MP, DEM Party * Sezgin Tanrıkulu, MP, CHP Moderator: Can Dündar, journalist, Honorary Member of PEN Norway
URGENT ACTION LETTER TO THE UN SPECIAL PROCEDURES: PROSECUTION AND CONVICTION OF LAWYERS AND HUMAN RIGHTS DEFENDERS IN TÜRKİYE
6 March 2026
BY EMAIL Quick Response Desk Office of the High Commissioner for Human Rights United Nations Office at Geneva 8–14 Avenue de la Paix CH-1211 Geneva 10 Switzerland urgent-action@ohchr.org 6 March 2026 FOR THE ATTENTION OF: • Special Rapporteur on the independence of judges and lawyers • Special Rapporteur on the situation of human rights defenders • Special Rapporteur on the promotion and protection of human rights while countering terrorism • Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression • Special Rapporteur on the rights to freedom of peaceful assembly and of association • Special Rapporteur on minority issues URGENT ACTION: Prosecution and conviction of lawyers and human rights defenders who are members of Özgürlükçü Hukukçular Derneği (ÖHD, Association of Lawyers for Freedom) and Tutuklu Aileleri ile Dayanışma Derneği (TUAD, the Prisoners’ Families Solidarity Association) on 28 January 2026 in Türkiye. Dear Mandate Holders, We write to express our deep and urgent concern regarding the prosecution, conviction and sentencing of lawyers and human rights defenders affiliated with Özgürlükçü Hukukçular Derneği (ÖHD, Association of Lawyers for Freedom) and Tutuklu Aileleri ile Dayanışma Derneği (TUAD, the Prisoners’ Families Solidarity Association) following a decade-long trial before the Istanbul 14th Heavy Penal Court. On 28 January 2026, in proceedings dating back to 2016, the trial court convicted 30 lawyers and human rights defenders, on terrorism-related and expression-based charges, imposing lengthy prison sentences. The prosecutions and resulting convictions appear to be based predominantly on lawyers’ lawful professional conduct — including prison visits, contact with clients, legal correspondence, court monitoring, and public engagement on human rights issues — rather than any credible evidence of criminal conduct. These mirror prior patterns of targeting lawyers for their professional activities. TUAD activists were likewise targeted solely for their legitimate human rights work, including documenting prison conditions, publicly reporting on human rights violations, and advocating for the protection of prisoners’ health and dignity, activities that fall within the protected scope of human rights defence. The convictions follow proceedings marked by serious due process concerns, including extensive reliance on surveillance evidence obtained through wiretapping and technical monitoring measures authorised by judges who were later dismissed or prosecuted in connection with alleged links to the Gülenist organisation, as well as the routine rejection of defence challenges without reasoned judicial assessment. These practices raise serious concerns regarding compliance with international standards protecting the professional independence of lawyers and the lawful activities of human rights defenders. In light of the gravity of these concerns, we respectfully request your urgent intervention. We urge you to call on the Turkish authorities to quash the convictions and to terminate all criminal proceedings against the lawyers and human rights defenders concerned, in accordance with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR) and relevant jurisprudence of the European Court of Human Rights (ECtHR). We further invite you to urge the authorities to cease all forms of judicial harassment and undue interference with the legal profession and with human rights defence, and to ensure that lawyers and human rights defenders can carry out their lawful activities freely, independently, and without fear of reprisal. BACKGROUND AND SYSTEMIC CONTEXT Since the attempted coup of July 2016, Türkiye has experienced a sustained deterioration of the rule of law and judicial independence, accompanied by widespread persecution of lawyers, human rights defenders, journalists, and civil society actors. Under the pretext of counterterrorism, the authorities have systematically targeted members of the legal profession and civil society through arbitrary arrests, prolonged pre-trial detention, and criminal prosecutions based on vague and overly broad terrorism provisions, particularly Articles 314 and 220 of the Turkish Penal Code (TPC) and Article 7(2) of the Law on Anti-Terrorism. These measures have been repeatedly criticised by international bodies for their lack of foreseeability, their misuse against lawful expression and association, and their chilling effect on the exercise of fundamental rights. This pattern has been facilitated by profound structural damage to judicial independence, including the mass dismissal and replacement of judges and prosecutors, expanded executive control over judicial appointments, and the routine disregard by domestic courts of binding judgments of the ECtHR. As documented by UN mechanisms and regional bodies, these developments have enabled the instrumentalization of criminal law against lawyers and human rights defenders perceived as critical of state policies, particularly in cases relating to Kurdish issue, political opposition, prison conditions, and allegations of torture and ill-treatment. For instance, in March 2019 the Istanbul 37th Heavy Penal Court sentenced 18 lawyers to a combined total of 159 years, 1 month, and 30 days in prison on terrorism-related charges linked to the outlawed Revolutionary People’s Liberation Party–Front (DHKP-C). The defendants included lawyers from the People’s Law Office (HHB) and the Progressive Lawyers Association (ÇHD), many of whom had been providing legal representation in politically sensitive cases. Human rights organisations and bar associations condemned the verdicts as unjust and politically motivated, stressing that the convictions were based on lawyers’ professional activities rather than any demonstrable criminal conduct. They further warned that the proceedings reflected serious due process violations, political interference in the judiciary, and the systematic criminalisation of legal defence work, undermining the independence of the legal profession in Türkiye. Another illustrative example of the criminalisation of legal defence work took place in Ankara in 2017. In June of that year, 52 lawyers were charged with “membership of a terrorist organization” under Article 314 of the TPC. The prosecution alleged that their professional association, the Law and Life Association, formed part of the Gülen organisation, despite a police report finding no evidence of criminal activity. The indictment relied on routine legal activities such as assigning cases, representing clients linked to the Gülenist organisation, and making public statements on due process as purported proof of “aiding terrorism”. Human Rights Watch condemned the proceedings, warning that treating legal representation as evidence of criminality “threatens the very core of fair trial rights” and undermines the independence of the legal profession. According to reports, more than 1,500 lawyers have been prosecuted in Türkiye since 2016, hundreds have been detained, and many have received lengthy prison sentences. These prosecutions frequently rely on evidence obtained from lawyers’ professional activities, including prison visits, client communications, participation in hearings, and public advocacy on human rights and rule of law. These concerns are reflected in reporting by international media and civil society organisations concerning large-scale police operations carried out in April 2023 in Diyarbakır and other predominantly Kurdish southeastern provinces. According to media reports, Turkish police detained more than 100 individuals — including lawyers, journalists, political actors and civil society representatives — in coordinated raids targeting organisations allegedly linked to the PKK. A series of other ongoing cases further illustrates the entrenched and continuing nature of these practices. In the context of the Gezi Park proceedings, domestic courts have repeatedly refused to give effect to binding ECtHR judgments requesting the release of human rights defender Osman Kavala. Trial courts and the Court of Cassation repeatedly failed to give effect to multiple rulings of the Constitutional Court ordering the release of opposition MP Can Atalay on the basis of his parliamentary immunity and have continued to detain Gezi Park co-defendant Tayfun Kahraman despite a Constitutional Court judgment finding violations of his rights. Parallel concerns arise in relation to the continued imprisonment of human rights lawyer Selçuk Kozağaçlı, following the arbitrary and punitive refusal of his conditional release. In late 2024, the authorities also initiated criminal and civil proceedings against the leadership of the Istanbul Bar Association in response to a public statement addressing alleged human rights violations in Syria attributed to Turkish security forces. Earlier, in October 2022, prominent forensic expert and human rights defender Şebnem Korur Fincancı was detained and prosecuted for her professional assessment on the allegations concerning the use of chemical weapons in Iraqi Kurdistan by Turkish military forces. International human rights monitoring mechanisms has further highlighted the systemic nature of these practices. In its concluding observations adopted in November 2024, the UN Human Rights Committee expressed serious concern about persecution, harassment, intimidation, and reprisals against human rights defenders, journalists, lawyers, Kurdish activists, environmental defenders, opposition politicians, academics, and civil society members perceived as critical of the government. CONVICTION OF ÖHD LAWYERS AND MEMBERS AND ACTIVISTS FROM TUAD On 28 January 2026, the Istanbul 14th Heavy Penal Court delivered its judgment in a criminal case initiated in 2016 against lawyers affiliated with the ÖHD, members and staff of the TUAD. At the conclusion of nearly ten years of proceedings, the court convicted 30 lawyers and human rights defenders on terrorism-related and expression-based charges and imposed custodial sentences ranging from several months to multiple years of imprisonment. Among the convicted lawyers were Adem Çalışçı, Ayşe Acinikli, Ayşe Gösterişlioğlu, Hüseyin Boğatekin, Ramazan Demir, Raziye Öztürk, Ruhşen Mahmutoğlu, Sinan Zincir, Şefik Çelik, and Tamer Doğan. The conduct relied upon by the prosecution and the trial court as evidence of criminal liability consisted of lawful professional and human rights activities. According to reports, the prosecution was built almost exclusively on unlawfully obtained surveillance material, including wiretapping and technical monitoring measures extended over prolonged periods in breach of procedural safeguards. Throughout the trial, defence lawyers raised serious and persistent concerns regarding violations of fair trial guarantees. The convictions of TUAD members and affiliates further raise grave concerns regarding the criminalisation of human rights defenders’ work. Taken together these violations take place within a broader context of weakened judicial safeguards and increasing executive influence over the courts. TURKEY’S OBLIGATION UNDER DOMESTIC AND INTERNATIONAL LAW A. Rights of Lawyers and Rule of Law Under international and regional human rights law, the rights of lawyers — including their rights to liberty and security, freedom of expression and association, and the independent exercise of their profession — are protected by a coherent body of standards. The Basic Principles on the Role of Lawyers affirm that lawyers are entitled to enjoy the rights and freedoms guaranteed under international human rights law insofar as they relate to their professional functions. These guarantees are reinforced and developed at the regional level by the Council of Europe Convention for the Protection of the Profession of Lawyer. The prosecution and conviction of ÖHD lawyers for routine professional activities constitute a direct violation of these standards. B. Protection of Human Rights Defenders and Legitimate Civil Society Activity TUAD members and activists fall within the definition of human rights defenders. Article 9 of the Declaration affirms the right of everyone to offer and provide professionally qualified legal assistance in defending human rights and fundamental freedoms. The prosecution and conviction of TUAD members for activities such as documenting prison conditions and supporting prisoners’ families therefore constitute a clear violation of Türkiye’s obligations under international law. Taken together, the prosecution and convictions reflect the misuse of counter-terrorism legislation to suppress lawful professional and human rights activities. ACTIONS REQUESTED In light of the above, we respectfully request that the Special Rapporteurs take the following urgent actions: (a) Call on the Turkish authorities to quash the convictions and sentences imposed on ÖHD lawyers and TUAD members and to ensure their immediate acquittal. (b) Seek detailed information from the Government of Türkiye regarding the use of surveillance and intelligence evidence authorised by judicial officials who were later dismissed or convicted. (c) Urge the authorities to end all forms of harassment against the individuals concerned and against lawyers and human rights defenders more broadly. (d) Raise concerns regarding the criminalisation of legal defence work and prisoners’ rights advocacy. (e) Call on the authorities to immediately cease the misuse of counter-terrorism legislation against lawyers and human rights defenders. (f) Urge Türkiye to take concrete measures to safeguard judicial independence. (g) Remind the Government of Türkiye of its binding international obligations under international human rights law. Ayşe Bingöl Demir Turkey Litigation Support Project Saniye Karakaş London Legal Group (and on behalf of the following organisations) Council of Bars and Law Societies of Europe (Conseil des Barreaux Européens, CCBE) European Association of Lawyers for Democracy and World Human Rights (ELDH) Human Rights Association (İnsan Hakları Derneği, IHD) Human Rights Fundation of Turkey (Türkiye İnsan Hakları Vakfı, TİHV) International Bar Association’s Human Rights Institute (IBAHRI) International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders International Observatory of Lawyers at Risk (OIAD) Lawyers’ Rights Watch Canada (LRWC) Rights Initiative Association (Hak İnsiyatifi Derneği) Social Policy, Gender Identity and Sexual Orientation Association (SPoD) The Law Society of England and Wales (LSEW) Truth Justice Memory Center (Hakikat Adalet Hafıza Merkezi) World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders
JOINT UN COMMUNICATION ON THE DETENTION OF HUMAN RIGHTS LAWYER SELÇUK KOZAĞAÇLI
2 February 2026
On 2 February 2026, five human rights and legal organisations – the Turkey Human Rights Litigation Support Project (TLSP), the European Association of Lawyers for Democracy and World Human Rights (ELDH), the International Bar Association’s Human Rights Institute (IBAHRI), the Law Society of England and Wales, and Lawyers for Lawyers – submitted a joint communication to the United Nations Working Group on Arbitrary Detention (“the Working Group”) concerning the ongoing arbitrary detention of prominent human rights lawyer Selçuk Kozağaçlı.* Background Selçuk Kozağaçlı was convicted for ‘membership of a terrorist organisation’ – a charge based entirely on his professional work as a human rights lawyer. He became eligible for conditional release on 11 February 2025 and was briefly released on 16 April 2025, only to be re-arrested the next day after judicial authorities revoked his release. Mr Kozağaçlı remains in prison despite the fact that there is no legitimate basis for his continued detention. He has been repeatedly denied conditional release. His case is not an isolated one – it reflects a broader pattern in Türkiye where political prisoners are systemically denied parole, adding yet another layer of rights violations to already politically motivated detentions, prosecutions, convictions and sentencing. Why This Detention is Arbitrary Our communication sets out that Mr Kozağaçlı’s continued detention amounts to arbitrary detention on multiple grounds falling under Category I, II, III and V arbitrary detention as defined by the Working Group: •No legal basis: His detention rests on overly broad and vague Turkish legislation on parole, applied arbitrarily by prison and judicial authorities. •Punishment for exercising his rights: His parole was revoked because of his participation in hunger strikes protesting prison conditions and fair trial violations – acts of free expression and peaceful assembly. •Denial of due process: His rights to liberty and security, a fair trial and an effective remedy have all been violated (Category III violation). •Part of a decade-long pattern of harassment: Mr Kozağaçlı and his colleagues have faced sustained persecution for their work defending human rights as lawyers. What We are Asking We are calling on the UN Working Group on Arbitrary Detention to urgently confirm that Mr Kozağaçlı’s continued detention violates international law and to recommend his immediate release, along with just compensation for his arbitrary detention and a full investigation into his case. Beyond these individual remedies, we urge the Working Group to call on Türkiye to fundamentally reform its conditional release framework. Eligibility and “good conduct” criteria must be clear, objective, foreseeable, and applied consistently, not wielded as tools to keep political detainees behind bars. The use of vague “remorse” requirements, opaque scoring mechanisms, or minor disciplinary infractions to block release must end. Decisions on conditional release must be made by independent bodies and subject to meaningful judicial review. *Our communication remains pending before the Working Group. Signatories: •Turkey Human Rights Litigation Support Project (TLSP) •European Association of Lawyers for Democracy and World Human Rights (ELDH) •International Bar Association’s Human Rights Institute (IBAHRI) •The Law Society of England and Wales •Lawyers for Lawyers
RIGHTS GROUPS CALL ON COURT TO TACKLE POLITICAL CAPTURE OF JUDICIAL AUTHORITY
2 February 2026
The Grand Chamber of the European Court of Human Rights will hear pleadings on 25 March 2026 in a case brought by the human rights defender Osman Kavala the Turkey Human Rights Litigation Support Project (TLSP), Human Rights Watch and the International Commission of Jurists said today. Kavala has been continuously detained since 2017, despite binding judgments from the Court that his detention should end. The three organizations have submitted a third-party intervention to the Court in which, among other arguments, they set out how government undermining of the independence of Türkiye’s judicial system has contributed to the violations against Kavala. “Osman Kavala’s unlawful and politically motivated detention has been allowed to persist for the best part of a decade in part because Türkiye’s judicial system lacks independence” said Ayşe Bingöl Demir, director of TLSP. “We hope the Court will scrutinize how Türkiye’s ruling political parties have systematically taken steps to capture judicial authority and what that means for human rights.” Kavala was arrested in October 2017, and on 25 April 2022 was convicted of ‘attempting to overthrow the government’ and sentenced to aggravated life imprisonment for his alleged role in the 2013 mass protests triggered by an urban transformation plan around Istanbul’s Gezi Park. In 2019 and 2022 the European Court of Human Rights ruled that his detention was arbitrary and motivated by ulterior political purposes. The second judgment was the result of highly exceptional infringement proceedings, initiated by the Committee of Ministers of the Council of Europe when Türkiye failed to implement the earlier judgement. In early 2024, Kavala submitted a new application to the Court, alleging that there had been multiple additional violations of his rights since its 2019 ruling. As of November 2025, the case has been before the court’s Grand Chamber, which is now due to examine the case. The organizations’ intervention describes the degradation of the independence and impartiality of the judiciary in Türkiye, leading to the capture of judicial authority by the ruling coalition political parties (Justice and Development Party - AKP and the Nationalist Movement Party - MHP) – as part of a broader assumption of effective political control over state institutions. Attacks on judicial independence have included the removal of many legal safeguards designed to protect the independence of the Council of Judges and Prosecutors, the main self-governing body of the judiciary. Positions on the Council were then able to be filled by judges and prosecutors close to the government. Some of those appointed have a track record of misusing anti-terrorism and national security laws as well as non-implementation of Constitutional Court and European Court judgments. “The Council appears to have become an instrument to unduly influence the judiciary and its decision making, rather than serving as a safeguard for its independence” said Temur Shakirov, Director of the ICJ Europe and Central Asia Programme. “Its powers are used to create a climate of fear and submission amongst judges and prosecutors, including through arbitrary measures affecting their careers and rights.” Influence and control over the judiciary has also been secured in the aftermath of the 2016 coup attempt in Türkiye by arbitrarily dismissing thousands of judges and prosecutors, and replacing them with individuals seemingly approved by or aligned with the ruling political parties. Their recruitment has been neither independent from the executive nor based on objective and transparent criteria. Continued political pressure on and interference with the judiciary in cases concerning perceived dissidents, or others viewed as obstructing the interests of the ruling coalition, has further contributed to the capture and instrumentalisation of judicial authority in Türkiye. Article 13 of the European Convention on Human Rights guarantees the right to an effective remedy for violations of human rights protected by the Convention. The third-party intervention argues that individual applications to Türkiye’s Constitutional Court can no longer be considered an effective remedy, due to the lack of independence of its members from the executive and the resulting ineffectiveness in upholding the human rights of perceived dissidents. The Constitutional Court also lacks a transparent case prioritisation policy, contributing to selectivity and facilitating interference with its independence. The groups’ intervention notes that Türkiye consistently avoids discharging its Convention obligations, particularly in politically sensitive cases, and that judicial and government authorities frequently circumvent national or European Court judgments, and actively undermine their proper implementation. “Turkish judicial authorities have subverted criminal proceedings, including by unreasonable interpretations of provisions of criminal law and disregard for core procedural rights” said Aisling Reidy, senior legal adviser at Human Rights Watch. “This is also reflected in persistent defiance of European Court of Human Rights judgments and the standards established in its case-law.” The Turkey Human Rights Litigation Support Project Human Rights Watch The International Commission of Jurists
TURKEY: DROP BOGUS CHARGES AGAINST ISTANBUL BAR ASSOCIATION LEADERSHIP
January 05, 2026
The continued prosecution of the president and 10 executive board members of the Istanbul Bar Association, and the prosecutor’s request for their conviction on terrorism charges are a damning reflection of the troubled state of the rule of law and democratic norms in Turkey today, 38 human rights and lawyers’ organisations said today. They called on the authorities to immediately terminate the abusive criminal proceedings and drop charges ahead of the 26th Istanbul Heavy Penal Court’s expected final hearing scheduled for 5 to 9 January 2026. The prosecutor seeks the criminal conviction of all eleven members of the Bar’s elected leadership - President Prof. İbrahim Özden Kaboğlu, Ahmet Ergin, Bengisu Kadı Çavdar, Ekim Bilen Selimoğlu, Ezgi Şahin Yalvarici, Fırat Epözdemir, Hürrem Sönmez, Mehmedali Barış Beşli, Metin İriz, Rukiye Leyla Süren, and Yelde Koçak Urfa - on the charge of “spreading terrorist propaganda” under Article 7/2 of the Anti-Terrorism Law, solely for issuing a public statement on 21 December 2024 concerning the killing of two journalists in northern Syria and the arrest of journalists and lawyers at a related peaceful protest in Istanbul the day before. The trial prosecutor’s final opinion confirms and deepens the concerns raised by 56 international organisations in the joint statement of January 2025, condemning the initiation of criminal and civil proceedings against the Bar’s leadership, and in the April 2025 joint statement, which deplored the removal of the elected board and the escalating attacks on lawyers across Turkey. A group of the organisations also submitted a joint amicus curiae brief in which they concluded that the proceedings violate Turkey’s obligations under international human rights law and constitute an unjustified interference with the independence of the legal profession. A clear misuse of criminal law In his final opinion, the prosecutor alleges that by referring to the two individuals killed in Syria as journalists and by citing international humanitarian law applicable to the protection of civilians and media workers in conflict zones, the Bar leadership “treated as a war crime” an operation carried out by security forces, thereby intentionally legitimising and disseminating the ultimate separatist aims of the Kurdistan Workers’ Party (PKK). The prosecutor further asserts that describing those killed as journalists “encouraged” membership of the PKK and “made its methods appear legitimate”, amounting to “press and media–based terrorist propaganda” under Article 7/2 of the Anti-Terrorism Law. These allegations, which claim that a lawful, rights-based statement consciously advanced the objectives of an armed organisation, are wholly unfounded and legally unsustainable. As emphasised in both joint statements in January and April 2025 and the amicus curiae brief in September 2025, the Istanbul Bar Association has a statutory and ethical duty to speak out on violations of human rights and the rule of law. The prosecutor’s position effectively criminalises the Bar Association’s discharge of this duty protected under both domestic law and international human rights law and standards. The prosecutor’s construal of a legitimate exercise of the right to freedom of expression as a terrorism offence amounts to a misuse of criminal law and judicial harassment. Violations of international standards and the Bar’s statutory mandate International and regional human rights standards, including the UN Basic Principles on the Role of Lawyers, the Council of Europe Convention for the Protection of the Profession of Lawyer, and consistent jurisprudence of the European Court of Human Rights, affirm that lawyers and their associations must be able to engage in public debate on matters of justice and human rights without fear of reprisals. Criminalising their exercise of the rights to freedom of expression and association contravenes the provisions of these instruments safeguarding the rights and role of lawyers and their professional organisations, as well as Articles 10 and 11 of the European Convention on Human Rights, Articles 19 and 22 of the International Covenant on Civil and Political Rights, and Articles 26, 27 and 33 of the Constitution of Türkiye. As reiterated in the earlier statements and the amicus curiae brief, the Bar Association’s 21 December 2024 statement was a lawful, legitimate and necessary intervention on an issue of public concern: the killing of journalists and the unlawful detention of journalists and lawyers engaged in peaceful assembly. On 27 November 2025, the seven journalists and two others who were also being prosecuted for their participation in the peaceful assembly on 20 December 2024, protesting the killing of the two journalists were acquitted in the final hearing of their trial. The criminal proceedings, therefore, strike at the heart of the independence of the legal profession and amount to a misuse of counter-terrorism laws to silence criticism, suppress human rights monitoring, and undermine self-governance of bar associations. Call for immediate action Ahead of the next hearing due to take place over five days from 5-9 January 2026, the signing organisations urgently call on the Turkish authorities to: - Immediately terminate all criminal proceedings against the Istanbul Bar Association’s president and executive board, drop the unfounded charges under Article 7/2 of the Anti-Terrorism Law and bring an end to the parallel and politically motivated civil proceedings aimed at removing the Bar Association’s leadership. We further call on the Turkish authorities to ensure systemic change to: - Guarantee the independence and self-governance of bar associations, in line with domestic law and Turkey’s international human rights obligations. - End the misuse of anti-terrorism and criminal laws to target lawyers, human rights defenders, journalists, and civil society actors, and instead respect and protect their human rights. - Sign and ratify the Council of Europe Convention for the Protection of the Profession of Lawyer. We call on the international community to: - Sustain close monitoring of the proceedings before the Istanbul 26th Heavy Penal Court; - Condemn publicly the Prosecutor’s final opinion and the escalating threats to the legal profession in Turkey; - Engage directly with Turkish authorities to ensure that the rights of lawyers are respected and upheld and that lawyers and bar associations are protected from harassment, retaliation and unfair prosecution. Signatories (in alphabetical order): Amnesty International Bar Human Rights Committee of England and Wales (BHRC, UK) Center of Elaboration and Research on Democracy (CRED) Council of Bars and Law Societies of Europe (Le Conseil des barreaux européens, CCBE) Çağdaş Hukukçular Derneği (Progressive Lawyers Associaton, Türkiye) Defense Commission of the Barcelona Bar Association (Spain) Deutscher Anwaltverein (German Bar Association, Germany) Eşit Haklar İçin İzleme Derneği (Association for Monitoring Equal Rights, Türkiye) European Association of Lawyers for Democracy and World Human Rights (ELDH) The European Criminal Bar Association (ECBA) Fédération des Barreaux d'Europe (European Bars Federation, FBE) Foundation Day of the Endangered Lawyer Hak İnsiyatifi Derneği (Rights Initiative Association, Türkiye) Hakikat Adalet Hafıza Merkezi (Truth Justice Memory Center, Türkiye) Haldane Society of Socialist Lawyers (UK) Human Rights Institute of the Brussels Bar (Belgium) Human Rights Watch İnsan Hakları Derneği (Human Rights Association, Türkiye) İnsan Hakları Gündemi Derneği (Human Rights Agenda Association, Türkiye) The International Association of Democratic Lawyers (IADL) International Bar Association’s Human Rights Institute (IBAHRI) The International Commission of Jurists (ICJ) International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders Kadının İnsan Hakları Derneği (Women for Women’s Human Rights, Türkiye) Kaos GL Derneği (Kaos GL Association, Türkiye) The Law Society of England and Wales (LSEW, UK) Lawyers for Lawyers (Netherlands) Lawyers' Rights Watch Canada (LRWC, Canada) Lyon Bar Association (France) National Union of Peoples Lawyers (NUPL, Philippines) Özgürlük İçin Hukukçular Derneği (Lawyers for Freedom Association, Türkiye) PEN Norway (Norway) Sivil Alan Araştırmaları Derneği (Civil Space Studies Association, Türkiye) Turkey Litigation Support Project (TLSP, UK) Türkiye İnsan Hakları Vakfı (Human Rights Foundation of Turkey, Türkiye) Vereinigung Demokratischer Jurist:innen VDJ (Association of Democratic Jurists, Germany) World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders Yurttaşlık Derneği (Citizens Assembly, Türkiye)
TÜRKİYE: JUSTICE REFORMS CENTRAL TO FAIR, DURABLE PEACE
November 06, 2025
Parliamentary Commission Should Make Bold Recommendations for Change A cross-party parliamentary commission in Türkiye should use its mandate to recommend concrete legal and institutional reforms that protect human rights, justice, and the rule of law for Kurds and all other communities in the country, Human Rights Watch, the Turkey Human Rights Litigation Support Project, and the International Commission of Jurists said today. The organizations submitted a joint briefing urging the commission to prioritize reforms that enable a durable, rights-based peace. Parliament established the National Solidarity, Sisterhood/Brotherhood and Democracy Commission in August 2025 after the Kurdistan Workers’ Party (PKK’s) announced its intention to disarm and disband. The announcement followed efforts by the Turkish government and Abdullah Öcalan, the jailed PKK leader, to end the four-decade conflict. The commission’s stated aim is to strengthen social integration, consolidate national unity and sisterhood/brotherhood, and advance freedom, democracy, and the rule of law. “Bringing an end to the four-decade Kurdish conflict requires not just ending fighting but concrete steps to change laws that have long been used to bring criminal charges against and incarcerate Kurds and other groups for nonviolent political activity and speech,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “The cross-party commission has a unique opportunity to help shape a post-conflict society and should make bold recommendations to repeal abusive laws used to silence and marginalize people.” The briefing, Advancing Human Rights, Justice and Democracy for Kurds and All Other Communities in Türkiye, draws on years of experience by the organizations in litigation, monitoring and documenting human rights violations and attacks against the rule of law and the separation of powers in Türkiye. The groups focused on abusive criminal law provisions which have been applied in discriminatory and politically motivated ways in Türkiye, particularly against Kurds and other perceived dissenting voices. While not exhaustive, the briefing outlines four key areas in which structural reforms are urgently needed. The groups urged the commission to recommend achievable changes that can lay the foundation for a more rights-respecting, equitable and democratic post-conflict environment for all individuals and communities in Türkiye. These areas include: Reforming anti-terror legislation by repealing or substantially amending vague and overbroad provisions that have been used in an arbitrary and discriminatory manner to investigate, detain, prosecute and convict a wide range of people who have no material connection to armed groups. Those facing criminal charges have included journalists, lawyers, human rights defenders and other activists, as well as individuals who peacefully express their opinions; Ending the misuse of criminal law against elected officials by stopping the widespread practice of arbitrarily detaining, prosecuting and removing elected opposition politicians, whether members of parliament, mayors, or municipal council members. The officials have been removed solely on the basis of political speech protected under international human rights law, or in response to peaceful activities. In the interests of protecting democratic space and upholding the right to free and fair elections, the commission should make clear that any restrictions on the exercise of an electoral mandate should be exceptional, based on compelling evidence of serious criminal wrongdoing, subject to effective judicial review, and consistent with international human rights law and standards guaranteeing free and fair elections and political participation; Guaranteeing the right to peaceful assembly by ceasing the systemic restriction of public assemblies and demonstrations and the unwarranted and violent police dispersal of those who attempt to exercise their right to peaceful protest. The commission should make clear recommendations to reform the Law on Meetings and Demonstrations and related practice in this area to ensure that the authorities view public demonstrations as a normal part of democratic participation and evidence of an engaged and pluralistic society. Recognizing the “right to hope,” by ensuring that prisoners who are serving “aggravated life” sentences without the prospect of release can be considered for release on the basis of a meaningful, reviewable process. The European Court of Human Rights has found that Türkiye’s current system violates the prohibition of inhuman and degrading treatment in the European Convention on Human Rights (article 3), and the Council of Europe’s Committee of Ministers has repeatedly called on Türkiye to reform its law to guarantee all prisoners a real, objective prospect of release. Notably, Devlet Bahçeli, the leader of the Nationalist Action Party in coalition with Recep Tayyip Erdoğan’s Justice and Development Party, has publicly referred to the “right to hope” in his parliamentary speeches on ending the conflict with the PKK. “The dialogue process between the parties to the conflict presents a historic opportunity to begin dismantling the entrenched cycle of violence and legal exceptionalism,” said Ayşe Bingöl Demir of the Turkey Human Rights Litigation Support Project. “The commission should draw on the available expertise from civil society, lawyers’ groups and academics and take an inclusive and wide-ranging approach to advocating for comprehensive reforms that uphold human rights and the rule of law, and that are necessary to underpin a sustainable peace.” The briefing also highlights two broader cross-cutting concerns that the commission should address. One is judicial independence: concrete steps are needed to ensure that the judiciary is institutionally protected from undue influence and able to uphold the rule of law for all, without interference or discrimination. The other is accountability for grave human rights violations: the commission should address long-standing impunity for serious human rights violations that has marked the conflict. The commission should propose credible avenues for accountability for these violations committed by abusers on all sides of the conflict, and mechanisms for truth-telling and justice as necessary conditions for building a rights-based and democratic future for everyone in Türkiye. “To fulfill its mandate, the commission should go beyond symbolic recommendations by addressing the structural injustices and discriminatory legal frameworks that have sustained decades of conflict, repression and impunity,” said Temur Shakirov, Europe and Central Asia program director of the International Commission of Jurists. Achieving a durable peace requires dismantling these foundations and, instead, establishing enforceable human rights guarantees and ensuring accountability and democratic inclusion.” For more information please see: https://www.turkeylitigationsupport.com/blog Contact: info@turkeylitigationsupport.com
THE RIGHT TO HOPE MUST BE RECOGNISED – TÜRKİYE’S AGGRAVATED LIFE SENTENCES UNDER SCRUTINY
September 15, 2025
Thousands of individuals in Türkiye are serving aggravated life sentences under a legal regime that excludes any possibility of conditional release or sentence review. These prisoners - convicted under laws concerning “State security”, “constitutional order”, “national defence”, or “terrorism” - face lifelong imprisonment without access to a functioning, reviewable, and non-discriminatory mechanism, regardless of the time served or any change in their individual circumstances. This de jure and de facto irreducibility of life sentences violates Article 3 of the European Convention on Human Rights, which prohibits torture, inhuman or degrading treatment. As the European Court of Human Rights clarified in the Gurban group of cases, including Öcalan (2), life sentences must be reducible - not only in law, but in practice - offering prisoners a genuine prospect of release after a certain period. Türkiye has yet to introduce the necessary legal reforms. No functioning review mechanism exists. Article 107 of Law No. 5275 expressly excludes certain categories of offences from conditional release, and the current legal framework fails to meet the Convention standards. Ahead of the Council of Europe Committee of Ministers' Human Rights meeting (15–17 September 2025), Turkey Human Rights Litigation Support Project (TLSP), European Association of Lawyers for Democracy and World Human Rights (ELDH), Democracy and International Law Association (MAF-DAD), and London Legal Group (LLG) submitted a Rule 9.2 communication, calling for: * Legislative reform ensuring all life sentences are de jure and de facto reducible; * An accessible, judicially reviewable mechanism open to all categories of life-sentenced prisoners - without exception; * A first review no later than 25 years after imprisonment, with periodic reviews thereafter; * Individualised assessments based on objective, transparent criteria, not merely the nature of original offence; * Robust procedural safeguards including the right to legal representation, access to information, and judicial review.
TÜRKİYE: PROCEEDINGS AGAINST ISTANBUL BAR ASSOCIATION BOARD A “DIRECT ASSAULT” ON INDEPENDENCE OF LEGAL PROFESSION
September 8, 2025
Twelve legal and human rights organisations intervene in proceedings against the executive board ahead of trial* TLSP and 11 other legal and human rights organisations have submitted an amicus curiae (friends of the court) intervention to the Istanbul 26th Heavy Penal Court in the criminal proceedings against the Istanbul Bar Association board, ahead of the trial scheduled for 9-10 September 2025. In a joint statement, the organisations have warned that the civil and criminal proceedings against the Istanbul Bar Association board are a “direct assault” on the independence of the legal profession and are incompatible with Türkiye’s international human rights obligations.
JOINT STATEMENT ON UNLAWFUL DETENTION OF LAWYER MEHMET PEHLIVAN AND ESCALATING REPRESSION OF THE LEGAL PROFESSION IN TURKEY
July 01, 2025
The undersigned international legal and human rights non-governmental organisations strongly condemn the arbitrary detention of lawyer Mehmet Pehlivan, defence counsel to detained Istanbul Mayor Ekrem İmamoğlu, and the intensifying reprisals against members of the legal profession in Turkey. These measures, targeting lawyers for their professional activity and for exercising their right to freedom of expression, constitute a direct attack on human rights and the rule of law and they imped access to justice. I. Targeting, prosecution and detention of lawyer Mehmet Pehlivan Lawyer Mehmet Pehlivan, a member of the Istanbul Bar Association and defence counsel to detained Istanbul Mayor Ekrem İmamoğlu, has been subjected to a sustained pattern of judicial persecution since early 2025: - He was arrested by police and accused of alleged “money laundering” (Article 282 of the Penal Code) based on vague and unsubstantiated allegations. He was released under judicial control on 28 March 2025, including a travel ban that obstructed his ability to carry out international legal work. - In March and April 2025, he was targeted again after publicly criticising a report issued by the Council of Higher Education (YÖK) which led to the annulment of his client Mr İmamoğlu’s university diploma, a decision which, if finalised, would bar him from running for president. Mr Pehlivan denounced the report as baseless and unlawfully drafted based on concealed documents and withheld information. In March, three members of YÖK who signed this report filed a criminal complaint against Mr Pehlivan. This led the Istanbul Public Prosecutor to open a new criminal investigation and invite him for questioning in April, based on multiple allegations, including “insult” and “attempting to influence a fair trial” (Articles 125 and 288 of the Penal Code). The charges carry a potential sentence of imprisonment of over 13 years. - In May 2025, pro-government media reports claimed that - based on the statement of an individual who decided to cooperate with the prosecuting authorities with a view of obtaining a reduction in punishment under the “effective remorse” provision (etkin pişmanlık) - Mr Pehlivan and Kemal Polat, another defence lawyer of Mr İmamoğlu, were under investigation for the alleged offence of “attempting to coerce witnesses” (Article 277 of the Penal Code). - On 19 June 2025, following a call from the Istanbul Public Prosecutor’s Office, Mr Pehlivan voluntarily went to the Istanbul Courthouse where he was informed that a criminal investigation had been opened against him. He reminded the Prosecutor that, pursuant to Article 58 of Turkey’s Attorneyship Law, authorisation from the Ministry of Justice was required to proceed. The Prosecutor dismissed this and requested his pre-trial detention from a judge. Mr Pehlivan was subsequently remanded into pre-trial detention on alleged charges of “membership in a criminal organisation” (Article 220(2) of the Penal Code), based solely on his legitimate coordination of legal defence strategies, a core element of legal representation. Since the imprisonment of Mayor Ekrem İmamoğlu in March, Mr Pehlivan has been subjected to a sustained harassment in pro-government media, attacking both his professional and personal integrity. To date, no evidence of coercion, violence, or otherwise unlawful conduct on his part has been presented. The latest prosecution was initiated without the required authorisation from the Ministry of Justice under Article 58 of Attorneyship Law, a safeguard intended to prevent politically motivated prosecutions of lawyers for acts carried out in connection with their professional duties. The targeting of lawyers representing Mr İmamoğlu or others professionally involved in the same criminal proceedings, including lawyers Kemal Polat, Serkan Günel, Kazım Yiğit Akalın, and Yiğit Gökçehan Koçoğlu, since March strongly indicates a pattern of interference designed to hinder this group of lawyers in the legitimate exercise of their professional activities and to undermine the right to a fair trial of their clients. II. Continuing reprisals against the legal profession and their professional associations The case of Mr Pehlivan and others is not isolated; it is part of a broader, systematic campaign to target legal professionals across Turkey, a pattern that two joint statements issued by members of the international legal and human rights community have previously addressed[1]: - The Istanbul Bar Association is facing both civil and criminal proceedings for its December 2024 public statement calling for an independent investigation into the killings of two journalists from Turkey working for Kurdish media outlets in Syria. Prosecutors have charged the President İbrahim Kaboğlu and ten executive board members of the Istanbul Bar Association with alleged “terrorist propaganda” and “disseminating misleading information,” seeking up to 12 years’ imprisonment and political bans. In parallel, a civil lawsuit seeks their dismissal under Article 77(5) of the Attorneyship Law. - Istanbul Bar Association board member Fırat Epözdemir was arbitrarily detained pending trial on 25 January 2025 on his return from an advocacy visit to the Council of Europe. He was held in pre-trial detention until 29 May 2025 and remains under judicial control. - Since the March 2025 protests - started after the arrest of Mr İmamoğlu - dozens of lawyers, including the former President of the İzmir Bar Association, have been arrested for their support for the protestors and their efforts to provide legal assistance to them. - Lawyers have been prevented from accessing their detained clients; they have been denied entry into courthouses; and have been informed that key hearings took place in their absence. In some instances, the authorities have refused to confirm the identities, whereabouts and current locations of their detained clients, giving rise to serious concern that they have been subjected to enforced disappearance. Acts of reprisal against lawyers reflect a systemic effort by the authorities to undermine the independence of lawyers and bar associations, intimidate those engaged in human rights defence, and obstruct access to justice for political detainees and civil society actors. III. Incompatibility with international legal standards The targeting of Mr Pehlivan, the Istanbul Bar Association, and numerous other lawyers violates a range of binding international human rights standards. Lawyers must not face harassment or sanctions for actions taken in line with their professional duties (UN Basic Principles on the Role of Lawyers, Principle 16; Council of Europe Committee of Ministers Recommendation no. R(2000)21, Principle I, paras. 1 and 4; Council of Europe Convention for the Protection of the Profession of Lawyer, Article 9). They must be able to exercise their rights to freedom of expression, association and peaceful assembly, and must not be identified with their clients or their clients’ causes (UN Basic Principles, Principles 23 and 18; CoE Convention on Lawyers, Articles 7 and 6). Bar associations and lawyers’ professional organisations must be independent and self-governing and must be able to speak publicly on legal and human rights issues without fear of reprisal or dissolution (UN Basic Principles, Principle 24; CoE Recommendation, Principle V; CoE Convention on Lawyers, Articles 4 and 7). The baseless criminal investigations, prosecutions and arbitrary detention of Mr Pehlivan, other lawyers, and the judicial harassment of members of the Istanbul Bar Association violate these guarantees and threaten the institutional integrity and independence of the legal profession in Turkey. They also undermine the rights to freedom of expression, association, peaceful assembly, and the right to a fair trial, in breach of Articles 19, 22, and 14 of the International Covenant on Civil and Political Rights and Articles 10, 11, and 6 of the European Convention on Human Rights to which Turkey is a state party. IV. Call to action We, the undersigned legal and human rights organisations, call for immediate and coordinated action: To the Government of Turkey: - Immediately and unconditionally release Mehmet Pehlivan, and drop all charges and proceedings arising from his carrying out his professional activities or exercising his right to freedom of expression or peaceful exercise of his human rights; - Cease all legal and administrative actions against the Istanbul Bar Association and other bar associations engaging in rights-based advocacy; - End the intimidation and politically motivated and arbitrary prosecution of lawyers, their arbitrary detentions, as well as travel bans and surveillance against them; - Ensure compliance with Article 58 of the Attorneyship Law and respect international standards protecting legal professionals and their associations. To the United Nations, Council of Europe and European Union: - Publicly condemn the detention of Mr Pehlivan and the broader pattern of reprisals against lawyers in Turkey; - Engage the Turkish authorities through all available diplomatic and monitoring mechanisms to demand respect for the legal profession; - Initiate urgent communications, conduct monitoring, and consider dispatching observation missions to Turkey; - Support independent bar associations and human rights lawyers through trial observation, legal assistance, and international advocacy. We stand in full solidarity with Mehmet Pehlivan, the Istanbul Bar Association and all other legal professionals in Turkey defending human rights and the rule of law. Their prosecution is not only an attack on their individual liberty but a threat to justice and the rule of law itself. Signatories (in alphabetical order): 1. Amnesty International 2. Council of Bars and Law Societies of Europe (CCBE) 3. Defense Commission of the Barcelona Bar Association 4. Défense Sans Frontière-Avocats Solidaires (Lawyers Without Borders - Solidarity Lawyers, DSF-AS) 5. Deutscher Anwaltverein (German Bar Association, DAV) 6. European Association of Lawyers for Democracy and World Human Rights (ELDH) 7. European Criminal Bar Association (ECBA) 8. Fédération des Barreaux d'Europe (European Bars Federation, FBE) 9. Foundation Day of the Endangered Lawyer 10. Human Rights Institute of the Brussels Bar Association 11. Indian Association of Lawyers 12. International Bar Association’s Human Rights Institute (IBAHRI) 13. International Commission of Jurists (ICJ) 14. International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders 15. Law Society of England and Wales (LSEW) 16. Lawyers for Lawyers 17. Lawyers’ Rights Watch Canada (LRWC) 18. National Union of People’s Lawyers (NUPL) 19. New York City Bar Association 20. Turkey Human Rights Litigation Support Project (TLSP) 21. World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders [1] https://www.turkeylitigationsupport.com/blog/2025/1/27/56-international-lawyers-and-human-rights-organisations-condemn-crackdown-on-istanbul-bar-associations-leadership-and-call-for-action and https://www.turkeylitigationsupport.com/blog/2025/4/14/joint-statement-by-the-international-legal-and-human-rights-community-on-unacceptable-attacks-on-the-legal-profession-in-turkey
TURKEY: JAILED MAYOR’S LAWYER DETAINED
June 26, 2025
Three Others also Targeted for Representing Opposition Party Detainees An Istanbul court’s decision on 19 June 2025, to allow the detention of a leading defense lawyer for the jailed Istanbul mayor Ekrem İmamoğlu appears to be in reprisal for his legal representation of his client, Human Rights Watch and the Turkey Human Rights Litigation Support Project said today. Turkish authorities should immediately release the lawyer, Mehmet Pehlivan, whose detention is based on vague witness statements pending an investigation into his alleged “membership of a criminal organization,” an offense carrying a possible sentence of two to four years in prison. Leading a criminal organization is one of the charges İmamoğlu was also detained on. The authorities have targeted at least three other lawyers defending İmamoğlu or his colleagues, initiating investigations against them for speaking to the media or allegedly attempting to interfere with a fair trial. “It is alarming to see that the Erdoğan government is unlawfully attacking not only the main opposition presidential candidate but also his defense lawyers,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “Detaining Mehmet Pehlivan looks to be a retaliatory abuse of power, and he should be released immediately.” Failure to release Pehlivan would not only constitute a violation of his right to liberty and security but also his right to discharge his professional duties as a lawyer and his client’s right to a fair trial, the organizations said. Investigations targeting Pehlivan began days after İmamoğlu’s detention on March 23. Pehlivan had previously said at a February 25 news conference and elsewhere that the authorities’ move to revoke İmamoğlu’s university diploma to prevent him from being eligible as a presidential candidate had been arbitrary and unlawful. Police had previously arrested Pehlivan on March 28 allegedly on suspicion of money laundering. A court released him subject to an international travel ban. The Istanbul prosecutor called Pehlivan again to testify on June 19. Pehlivan refused on the grounds that the justice minister had not granted permission to investigate him, a necessary prerequisite to opening investigations into lawyers. A court then accepted the prosecutor’s request to detain Pehlivan in the scope of the ongoing criminal investigation targeting İmamoğlu and over 200 officials and businesspeople working with the Istanbul Metropolitan Municipality. Prosecutors are relying on witness statements by two suspects in the investigation under the “effective repentance” law, which potentially allows reduced sentences for helping with the investigation. The Istanbul Court ordered Pehlivan’s detention solely on the basis of these statements. The witnesses alleged in vague and unsubstantiated terms that Pehlivan operated within what the prosecutor argues was a criminal network’s organizational hierarchy to orchestrate the appointment of particular lawyers to represent and meet with suspects, to attempt to access confidential investigation files and witness statements, and to pressure witnesses Pehlivan faces another possible criminal investigation after members of Turkey’s Higher Education Board filed a criminal complaint accusing him of defamation and insult on the basis of his public remarks about the board regarding the revocation of İmamoğlu’s university diploma. Progress in this investigation also depends on Justice Ministry authorization. The prosecutors opened the investigations against the three other lawyers, alleging that they violated the confidentiality of the investigation by commenting on it in the media or that they allegedly attempted to influence a fair trial by briefing those who were under investigation. Media reports indicate that the prosecutor’s office planned to investigate a fourth lawyer, but so far he has not been summoned to testify. One of the three lawyers under investigation also acted on behalf of Pehlivan. The three have been conditionally released under court orders that also imposed an international travel ban. “The judicial harassment of lawyers like Mehmet Pehlivan, who represent clients facing politically motivated charges, is part of a broader pattern of shrinking democratic space and disregard of the rule of law in Turkey,” said Ayşe Bingöl Demir of the Turkey Litigation Support Project. “Lawyers are essential to upholding fundamental rights, and their strong public stance challenges government-led efforts to control the narrative. This crackdown signals that effective legal defense is seen as a threat, and unless firmly addressed by the international community, it risks losing more ground to the growing authoritarianism.”
OPEN LETTER TO EUROPEAN COMMISSION PRESIDENT URSULA VON DER LEYEN AND EUROPEAN COUNCIL PRESIDENT ANTÓNIO COSTA: ASSAULT ON THE RULE OF LAW AND HUMAN RIGHTS IN TÜRKİYE
May 16, 2025
Ms Ursula von der Leyen President of the European Commission European Commission Rue de la Loi / Wetstraat 200 1049 Brussels Mr António Costa President of the European Council European Council Rue de la Loi / Wetstraat 175 1048 Brussels CC: Ms Kaja Kallas, EU High Representative for Foreign Affairs and Security Policy / Vice-President European Commission Ms Marta Kos, European Commissioner for Enlargement RE: Open letter to President of the European Commission Ursula von der Leyen and European Council President António Costa regarding the assault on the right to political participation, the rule of law and human rights in Türkiye 15 May 2025 Dear President von der Leyen, Dear President Costa, We write as 58 human rights organizations, media freedom groups, journalists’ organisations and representatives of the international legal community to raise profound concern over the extraordinary assault by the government of President Recep Tayyip Erdoğan on the right to political participation, the rule of law and human rights in Türkiye and to call for an effective and robust response by the EU, its member states and its institutions. We wish to stress that the attack by President Erdoğan’s government on Türkiye’s main political opposition seriously undercuts the right to political participation which is an essential component of the country’s rule of law and human rights framework. It is the government’s boldest step to date towards a full consolidation of power and the eradication of political opposition. In an apparent politically motivated move, the removal of the Istanbul mayor Ekrem İmamoğlu who was elected to represent 16 million residents in 2024 was set in motion by the cancellation of his university diploma. This was immediately followed by police arrest and a court order to detain him along with dozens of other municipal officials and two district mayors from his party. This came on the day he was selected as the Republican People’s Party’s candidate to run in the next election against President Erdoğan. The Turkish government’s attack on the main political opposition in Türkiye is a major escalation in the actions taken by the authorities for years to silence dissenting voices, among them Kurdish politicians, journalists, civil society activists, human rights defenders, lawyers and other real or perceived critics and opponents. We have for years been documenting and tracking the authorities’ crackdown on human rights, through expanding executive control and political influence over the judiciary, including the widespread misuse of criminal law, courts’ systematic acceptance of bogus indictments and willingness to issue detention decisions devoid of credible reasoning to justify the measure. The government has also actively instrumentalised Türkiye’s overly broad anti-terrorism legislation for these aims. The European Court of Human Rights has already determined in landmark judgments in the cases of politicians, Selahattin Demirtaş and Figen Yüksekdağ Şenoğlu and human rights defender, Osman Kavala, that Turkish authorities have used detention as a measure to stifle the political opposition and the right to political participation and to silence a human rights defender. The authorities have flagrantly defied the Court’s judgments and countless Committee of Ministers’ decisions and resolutions in these cases, refusing to implement the rulings despite the exceptional measure of infringement proceedings in the case of Osman Kavala. Reflecting public outrage over the government’s stifling of lawful political activities and escalating crackdown on dissent, the detention of Ekrem İmamoğlu has sparked the largest protests Türkiye has seen in over a decade. Hundreds of thousands of people across the country have taken to the streets in overwhelmingly peaceful protests. Police have used unlawful and unwarranted force against largely peaceful protesters in some cases possibly amounting to torture or other cruel, inhuman or degrading treatment or punishment. The detention of – and rushed mass trials against – many young people, students and journalists for allegedly participating in the protests, seeks to send a clear warning to anyone wishing to exercise their right to freedom of peaceful assembly and expression. EU journalists have not been spared with Joakim Medin, a Swedish journalist who travelled to Istanbul to cover the protests, detained on arrival where he remains. On April 30, Medin was convicted on the charge of “insulting the president,” and received an 11-month suspended sentence, in the first of two prosecutions against him in which the main evidence relates entirely to his legitimate journalistic activities over many years. Meanwhile Turkish news channels and social media platforms were pressured to suppress information about unfolding events, with several facing fines, suspensions and orders to block access to the social media accounts of journalists, civil society organizations, human rights defenders and women’s collectives. After the initial arrest of Ekrem İmamoğlu, social media users in Istanbul faced bandwidth reduction (internet throttling) for nearly two days, limiting access to platforms. Lawyers have in some cases been arrested while attempting to provide legal assistance or have faced serious obstacles to guaranteeing their clients’ defence and fair trial rights. In an alarming affront to the independence of the legal profession and the rule of law, on 21 March, an Istanbul court ruled to remove the entire executive board of the Istanbul Bar Association. This decision and the ongoing criminal proceedings against the Bar’s leadership, stem from a statement the Bar issued, calling for an investigation into the killing of two Kurdish journalists from Türkiye in northern Syria in December 2024. Taken together, this wide-ranging crackdown has led to a pervasive chilling effect on human rights and civil society and further eroded the right to political participation. We consider that the EU’s response to these developments has been overly mild and manifestly fails to match the scale and gravity of the clampdown unfolding in the country. Particularly, EU efforts to pursue the deepening of economic ties during the EU-Türkiye High-Level Economic Dialogue without insisting on human rights improvements upfront, has reinforced perceptions that business as usual with the EU continues amid the ongoing repression. Rather than offering a lifeline to those in Türkiye who continue to defend human rights, this approach risks emboldening the Turkish authorities while further isolating Türkiye’s already embattled civil society. Any steps to re-engage the authorities need therefore to be accompanied by robust denunciations of Türkiye’s human rights crackdown and concrete asks to reverse the government’s repressive policies. It is incumbent upon the EU – including in view of its legal obligations under Article 21 of the Treaty of the European Union to protect and promote human rights in its foreign policy – to take a strong position to denounce this major setback for the future of the rule of law, human rights and the right to political association and participation in Türkiye. We therefore urge you to: Issue an unequivocal public statement denouncing the hollowing out of the right to political association, participation and representation in Türkiye as well as the associated crackdown on lawyers, independent media, civil society and the right to freedom of peaceful assembly in Türkiye. Such statements should clearly signal that the deteriorating human rights situation will hamper relations based on shared values and mutual interests. Use forthcoming high-level engagements, such as the EU-Türkiye High-Level Dialogue on Trade to stress, both publicly and directly with the authorities, that the EU expects a reversal of negative rule of law and human rights trends, including the release of detained elected officials, members of civil society and media. Reiterate that human rights are a non-negotiable and integral part of the EU’s relations with Türkiye and that therefore tangible human rights improvements are essential to deepening bilateral trade and investment, including the modernisation of the EU-Türkiye Customs Union. At these high-level opportunities, publicly insist on Türkiye’s full implementation of ECtHR judgments, particularly in the cases of Selahattin Demirtaş, Figen Yüksekdağ Şenoğlu and Osman Kavala, and on their immediate and unconditional release and full restoration of their rights, as well as that of other arbitrarily detained civic activists, lawyers, journalists, and human rights defenders, including dropping pending charges as well as vacating any convictions against them and fully restoring their civil and political rights. Call for independent, effective and prompt investigations into allegations of torture, and other ill-treatment, violations of fair trial rights and unlawful use of force by police during the protests and rehabilitation for victims. Ensure the EU delegation and member state missions in Türkiye step up their monitoring of trials of the protesters, journalists and civil society actors facing prosecution for peacefully exercising their right to freedom of expression and peaceful assembly. Increase support to civil society in Türkiye, including through more flexible and sustainable funding and more robust political support to human rights defenders and other actors facing unjust prosecution, restrictive legislation and closure proceedings. We remain at your disposal should you require any further information and thank you in advance for your continued action on human rights. Yours sincerely, AED-EDL European Democratic Lawyers AEJ Belgium - The International Association of European Journalists in Belgium Albanian Human Rights Group (AHRG) Amnesty International Araminta ARTICLE 19 Articolo 21 Asociación Pro Derechos Humanos de España Civil Rights Defenders Committee on the Administration of Justice (CAJ) Committee to Protect Journalists (CPJ) Community Media Forum Europe Danish PEN Demokratische Jurist*innen Schweiz English PEN EuroMed Rights European Association of Lawyers for Democracy and World Human Rights (ELDH) European Centre for Press and Media Freedom (ECPMF) European Democratic Lawyers European Federation of Journalists (EFJ) Fackförbundet ST Federacion de Asociaciones de Defensa y Promoción de los Derechos Humanos de España Foundation Day of the Endangered Lawyer Human Rights Watch (HRW) IFEX ILGA-Europe İnsan Haklari Derneği International Bar Association's Human Rights Institute International Commission of Jurists (ICJ) International Federation for Human Rights (FIDH) International Federation of Journalists (IFJ) International Press Institute (IPI) International Rehabilitation Council for Torture Victims Lawyers for Lawyers Lawyers’ Rights Watch Canada LDH (Ligue des droits de l'Homme) Liga voor de Rechten van de Mens Liga voor Mensenrechten vzw Mensenrechten Zonder Grenzen Nederland National association Democratic Jurists Italy Netherlands Helsinki Committee Norwegian Helsinki Committee Omega Research Foundation Osservatorio Balcani Caucaso Transeuropa [OBCT] Ossigeno.info Österreichische Liga für Menschenrechte PEN International PEN Norway PEN Sweden Protection International REDRESS Reporters sans frontières (RSF) Society of Journalists (Warsaw) South East Europe Media Organisation (SEEMO) Stockholm Center for Freedom Sveriges Författarförbund Turkey Human Rights Litigation Support Project World Organisation Against Torture (OMCT)
JOINT STATEMENT BY THE INTERNATIONAL LEGAL AND HUMAN RIGHTS COMMUNITY ON UNACCEPTABLE ATTACKS ON THE LEGAL PROFESSION IN TURKEY
April 14, 2025
Turkey: Attacks on the Legal Profession Unacceptable International legal and human rights community condemns moves to undermine the independence of lawyers and the rule of law The escalating attacks by Turkish authorities on the Istanbul Bar Association, its leadership, and members of the legal profession are an affront to the independence of the legal profession and the rule of law, an international coalition of lawyers, bar associations and human rights organizations warned today. Removal of Elected Leadership On 21 March 2025, the Istanbul 2nd Assize Court issued a ruling to remove the elected leadership of the Istanbul Bar Association under Article 77/5 of the Attorneyship Law. The decision mandates the dismissal of the Bar’s president and executive board and orders new elections. This move undermines the independence of the legal profession and makes a mockery of the fundamental principles of justice and the rule of law in Turkey. Criminal Proceedings Against Bar Leadership In parallel, Istanbul Bar President İbrahim Kaboğlu and ten executive board members have been charged with “making propaganda for a terrorist organisation through the press” and “publicly disseminating misleading information,” with the prosecution seeking up to 12 years’ imprisonment and political bans. These charges and the related civil proceedings stem directly from a public statement issued by the Bar regarding the killing of two journalists, Nazım Daştan and Cihan Bilgin, in Syria in December 2024, and calling for an independent investigation into their deaths. That a professional association is now facing criminal prosecution for such a principled, rights-based intervention illustrates the severe restrictions faced by legal professionals in Turkey who engage in human rights advocacy. Arbitrary Detention of Board Member The arbitrary detention of Istanbul Bar board member Fırat Epözdemir further exemplifies the judicial harassment targeting the Bar's leadership. Arrested on 23 January 2025, after returning from an advocacy visit to the Council of Europe, Epözdemir has been charged with alleged “membership in a terrorist organisation” and “making propaganda for a terrorist organisation” under an indictment dated 8 April 2025. His continued detention and prosecution reflect an intensifying crackdown on legal professionals in Turkey who challenge state policies and defend human rights. Escalating Attacks on Lawyers Amidst March 2025 Protests Since the arrest of Istanbul Mayor Ekrem İmamoğlu on 19 March 2025, Turkey has witnessed widespread protests and the detention of hundreds of people across the country. Lawyers responding to these mass arrests to provide legal assistance have themselves become targets of repression. In İzmir and İstanbul, a number of lawyers were arrested while attempting to support detained protesters, including the former Chair of the İzmir Bar Association, Özkan Yücel, who was detained in an early morning raid on his home. On 28 March 2025, Mehmet Pehlivan, a lawyer representing Ekrem İmamoğlu was also arrested and later released under a judicial control order. In addition to these arrests, lawyers seeking to represent those in custody faced serious obstacles trying to contact their clients and carry out their professional duties. In many cases, they were denied access to clients held in police custody or were only allowed to meet under restricted conditions that undermined confidentiality and effective representation. Reports indicate that lawyers were barred from entering courthouses during key questioning procedures, or were told hearings had taken place in their absence. In some instances, they were prevented from even confirming the whereabouts of those detained. Refusals to acknowledge, provide or confirm the fate or whereabouts of detained individuals is an element in the crime of an enforced disappearance. These actions by the Turkish authorities constitute a direct interference with the right to legal defence, impeding access to justice and further criminalising legal support for peaceful protest and dissent. They mark a dangerous intensification of pressure on the legal profession and an erosion of fair trial guarantees and the rule of law. Call to Action These escalating attacks reveal a pattern of repression trampling over human rights and due process safeguards and mechanisms established to protect the rule of law. They also exemplify efforts to target the legal profession, undermining international standards that protect the role and rights of lawyers and their professional associations in the exercise of their professional functions. We call upon the international community to: Demand the immediate cessation of all civil and criminal proceedings against the Istanbul Bar Association’s leadership and members. Publicly condemn the Turkish authorities’ misuse of the justice system to suppress independent legal professionals and institutions and undermine public confidence in the rule of law. Insist on the immediate and unconditional release of Fırat Epözdemir and all other lawyers detained solely for carrying out their professional duties. Call on the Turkish authorities to allow the Istanbul Bar Association to operate independently and without any intimidation, harassment or reprisals. Urge international mechanisms, including the Council of Europe, United Nations, and European Union bodies, to take robust and effective actions to uphold the independence of the legal profession, human rights and the rule of law in Turkey. Signatories (in alphabetical order): Amnesty International Asociación Americana de Juristas (American Association of Jurists, AAJ) Berlin Bar Association Défense Sans Frontière-Avocats Solidaires (Defense Without Borders-Solidarity Lawyers, DSF-AS) Deutscher Anwaltverein (German Bar Association, DAV) European Association of Criminal Bars (ECBA) European Association of Lawyers for Democracy and World Human Rights (ELDH) Federation of European Bars (FBE) Foundation of the Day of the Endangered Lawyer Geneva Bar Association Giuristi Democratici (Italian Democratic Lawyers) Human Rights Watch (HRW) Indian Association of Lawyers International Bar Association’s Human Rights Institute (IBAHRI) International Federation for Human Rights (FIDH) International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders Law Society of England and Wales (LSEW) Lawyers for Lawyers Lawyers' Rights Watch Canada (LRWC) Magistrats Européens pour la Démocratie et les Libertés (European Association of Judges and Public Prosecutors, MEDEL) Milan Bar Association National Association of Democratic Lawyers (South Africa) National Union of Peoples’ Lawyers (Philippines) Republikanischer Anwältinnen- und Anwälteverein (Republican Lawyers' Association, RAV) The Defense Commission of the Barcelona Bar Association The International Observatory for Lawyers in Danger (OIAD) The New York City Bar Association Turkey Human Rights Litigation Support Project (TLSP) Vereinigung Demokratischer Jurist:innen (Association of Democratic Lawyers, VDJ) World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
56 INTERNATIONAL LAWYERS AND HUMAN RIGHTS ORGANISATIONS CONDEMN CRACKDOWN ON ISTANBUL BAR ASSOCIATION’S LEADERSHIP AND CALL FOR ACTION
January 27, 2025
The international legal and human rights community is deeply concerned by prosecuting authorities’ recent criminal investigation and lawsuit against the Istanbul Bar Association, particularly its President, İbrahim Kaboğlu, and the executive board. These actions stem from a statement issued by the Bar Association on 21 December 2024, drawing attention to the deaths of journalists Nazım Daştan and Cihan Bilgin, killed on 19 December 2024 in northern Syria while monitoring developments in the region. The statement highlighted that the targeting of journalists in conflict zones constitutes a violation of International Humanitarian Law and called for an effective investigation into the incident. In response, the Istanbul Chief Public Prosecutor’s Office launched a criminal investigation against the Bar’s leadership, citing allegations of "making propaganda for a terrorist organisation" and "publicly disseminating misleading information." On 14 January 2025, the Prosecutor’s Office escalated its actions by filing a lawsuit seeking the dismissal of the Bar Association’s president and executive board under Article 77(5) of the Turkish Attorneyship Law. The grounds for the lawsuit allege that the Bar’s statement exceeded its professional mandate and constituted conduct incompatible with its official role. This criminal investigation and lawsuit represent a direct challenge to the independence and functioning of the Istanbul Bar Association, an institution that plays a vital role in safeguarding human rights and upholding the rule of law in Turkey. The arrest of lawyer Fırat Epözdemir, an executive board member of the Bar Association, on 23 January 2025, upon his return from an advocacy visit to Council of Europe institutions has further deepened these concerns. On 25 January 2025, a judge ordered Mr. Epözdemir’s detention on remand on allegations of ‘membership in a terrorist organization’ and ‘making propaganda for a terrorist organization’. This decision has been strongly criticized by the legal community in Turkey as lacking credible grounds, and reinforces the perception that the investigation may be part of retaliatory actions targeting the Istanbul Bar. The actions taken against the Istanbul Bar Association are in stark violation of international human rights law and the principles governing the legal profession: Freedom of Expression The statement issued by the Istanbul Bar Association falls squarely within the protected realm of freedom of expression as outlined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the European Convention on Human Rights (ECHR), as well as Principle 23 of the United Nations Basic Principles on the Role of Lawyers. Professional organisations, including bar associations, have a right and a duty to speak out on issues of public concern, particularly where they pertain to the rule of law and human rights. Independence of the Legal Profession Principles 16, 23, and 24 of the United Nations Basic Principles on the Role of Lawyers underscore that lawyers and bar associations must operate independently without undue interference from authorities. The principle of independence is also enshrined in the Council of Europe Committee of Ministers’ Recommendation (2000)21 on the freedom of exercise of the profession of lawyer. The authorities' attempts to prosecute and dismiss elected members of a bar association simply for exercising their rights and fulfilling their professional duties constitute an attack on their independence, undermining the ability of legal professionals to carry out their mandate and risking the erosion of the rule of law and the realization of the right to a fair trial. Retaliation Against Advocacy The lawsuit and criminal investigation constitute reprisals against the Istanbul Bar Association for fulfilling its legitimate role in advocating for accountability and adherence to international law. These actions contravene the Preamble and Principles 16 and 17 of the United Nations Basic Principles on the Role of Lawyers, which explicitly prohibit retaliation against lawyers and bar associations for fulfilling their professional responsibilities. Such measures undermine public trust in the legal profession and create a chilling effect on lawyers and bar associations in Turkey. Calls for Action We call on Turkish authorities to: ● Immediately cease all investigations and legal proceedings targeting the Istanbul Bar Association’s leadership for exercising their professional duties and in line with their mandate. ● Release Mr. Epözdemir immediately and unconditionally. ● Respect Turkey’s obligations under international law to ensure the independence of the legal profession and the right to freedom of expression. ● Guarantee that bar associations can fulfil their professional duties without interference or intimidation. We urge the United Nations Special Rapporteur on the Independence of Judges and Lawyers and other relevant special mandate holders to: ● Issue an urgent communication to the Government of Turkey expressing concern about the actions against the Istanbul Bar Association. ● Monitor and report on the situation as part of broader efforts to safeguard the independence of legal professionals worldwide. We call on the Council of Europe Commissioner for Human Rights and the European Committee on Legal Co-operation to: ● Conduct an immediate inquiry into the actions taken against the Istanbul Bar Association and their compliance with Turkey’s obligations under the ECHR. ● Engage with Turkish authorities to ensure that bar associations can operate independently and without fear of reprisal. We urge the European Union to: ● Condemn the actions against the Istanbul Bar Association in its communications with Turkish authorities. ● Make the protection of legal professionals’ independence a central element in its discussions on human rights and rule of law in Turkey. The international legal and human rights community stands in solidarity with the Istanbul Bar Association and all legal professionals in Turkey who continue to uphold the principles of justice, human rights, and the rule of law. We remain vigilant in monitoring developments and are prepared to advocate for all necessary measures to protect the independence and integrity of the legal profession in Turkey. Signatories (in alphabetical order): Amnesty International Arab Lawyers Association (UK) Arab Lawyers Union Asociación Americana de Juristas (Association of American Lawyers) Asociación de Derecho Penitenciario Rebeca Santamalia (Rebeca Santamalia Penitentiary Law Association, ASDEPRES) Associação Portuguesa de Juristas Democratas (Portuguese Association of Democratic Jurists, APJD) Bar Human Rights Committee of England and Wales (BHRC) Behatokia (Basque Observatory of Human Rights), Basque Country Berlin Bar Association (Germany) Center for Research and Elaboration on Democracy ( CRED) Commission Défense et Droits humains du Barreau de Marseille (Defense and Human Rights Commission of the Marseille Bar Association, CDDH) Conselho Regional do Porto da Ordem dos Advogados (Porto Regional Council of the Bar Association, Portugal)) Council of Bars and Law Societies of Europe (CCBE) Défense Sans Frontière-Avocats Solidaires (Defense Without Borders-Solidarity Lawyers, DSF-AS) Democratic Lawyers Association of Bangladesh (DLAB) Demokratische Jurist*innen Schweiz (Democratic Lawyers of Switzerland, DJS) Deutscher Anwaltverein (German Bar Association, DAV) Droit-Solidarité (Law-Solidarity, DS) European Association of Criminal Bars (ECBA) European Democratic Lawyers (AED) Federation of European Bars (FBE) Foundation of the Day of the Endangered Lawyer Frantz Fanon Foundation Geneva Bar Association (Switzerland) Giuristi Democratici (Italian Democratic Lawyers) Haldane Society of Socialist Lawyers Human Rights Watch (HRW) IACTA Cooperativa de Abogadas de Barcelona (IACTA Barcelona Women Lawyers' Cooperative) Indian Association of Lawyers Institut des droits de l’Homme du barreau de Bruxelles (Human Rights Institute of the Brussels Bar, Belgium) International Association of Democratic Lawyers (IADL) International Association of People’s Lawyers (IAPL) International Bar Association’s Human Rights Institute (IBAHRI) International Federation for Human Rights (FIDH) La Conférence des Avocats au Barreau de Paris (The Paris Bar Lawyers’ Conference) Lawyers Rights’ Watch Canada International Observatory for Lawyers in Danger (OIAD) International Publishers Association (IPA) La Conférence des bâtonniers de France (The Conference of French Bar Associations) Lawyers for Lawyers Legal Team Italia London Legal Group Lyon Bar Association (France) Magistrats Européens pour la Démocratie et les Libertés (MEDEL) Marseille Bar Association (France) National Association of Democratic Lawyers (South Africa) National Lawyers Guild International Committee New York City Bar Association (USA) Rennes Bar Association (France) Republikanischer Anwältinnen- und Anwälteverein (Republican Lawyers' Association, RAV) Socialist Lawyers Association of Ireland The Defence Commission of the Barcelona Bar Association The European Association of Lawyers for Democracy and World Human Rights (ELDH) The Law Society of England and Wales (LSEW) The Turkey Human Rights Litigation Support Project (TLSP) Union of Peoples’ Lawyers in Mindanao (Philippines)
JOINT NGO STATEMENT: OSMAN KAVALA MARKS 7 YEARS BEHIND BARS
November 01, 2024
NGOs Intervene in the Case of Wrongly Detained Rights Defender Awaiting New European Court Ruling Türkiye’s continued unlawful detention of the human rights defender Osman Kavala is a result of prosecutors and courts effectively operating under the political control of the government, three human rights organizations, including Turkey Litigation Support Project, said in a third-party intervention to the European Court of Human Rights regarding his case. The groups called for Kavala’s immediate release and for his conviction to be overturned, to give effect to the binding judgements of the European Court. Kavala, who as of November 1, 2024, has spent seven years behind bars, was convicted on baseless charges of attempting to overthrow the government following a manifestly unfair trial. He remains in prison despite two binding judgements from the European Court holding that his detention is arbitrary and serves political purposes. Kavala is serving a life sentence without parole and four others convicted with him are serving prison terms of 18 years for their alleged roles in the 2013 mass protests triggered by an urban transformation plan around Istanbul’s Gezi Park. In January, Kavala submitted a new application to the European Court, alleging that there had been multiple further violations of his rights since the court’s 2019 ruling, which found that he had been detained without reasonable suspicion and that his detention was politically motivated to silence him. In this recent application, Kavala’s lawyers focus on his continuing unlawful detention and contend that, taken together, multiple violations of Kavala’s right to a fair trial, and to freedom of expression, assembly and association, as well as violation of the principle of legality, demonstrate that the Turkish authorities have continued to pursue the political aim of silencing and punishing Kavala as a human rights defender. They also contend that the proceedings against him and life sentence without parole amount to a violation of the prohibition on inhuman and degrading treatment and torture. The European Court is expected to issue a judgment in the coming months. The European Court has accepted the Turkey Litigation Support Project, Human Rights Watch and the International Commission of Jurists as intervenors in the case. On September 16, the groups submitted a third-party intervention to provide further relevant information and context for the court to consider as it adjudicates Kavala’s application. The submission focuses on a well-documented pattern of conduct in Türkiye designed to circumvent the implementation of European Court judgments in politically sensitive cases, notably those involving perceived dissidents. The rights groups also point to the following features of the domestic system: the capture of the judiciary by the ruling political parties; the lack of independence of the Council of Judges and Prosecutors, which has become a mechanism for consolidating undue influence over the judiciary; serious concerns as regards the independence and effectiveness of the Turkish Constitutional Court; and persistent defiance toward European Court judgments and standards in its caselaw.
URGENT ACTION LETTER TO THE UN SPECIAL RAPPORTEURS ON TURKEY'S CONTINUING FAILURE TO INVESTIGATE THE KILLING OF MR. TAHIR ELÇİ
June 3, 2024
The Turkey Litigation Support Project (TLSP), along with 29 other lawyers’ and human rights organizations, has sent a letter (available here) to the United Nations (UN) Special Rapporteurs regarding the killing of human rights lawyer and then-chair of the Diyarbakır Bar Association, Tahir Elçi on November 28, 2015, and the continuing lack of an effective investigation into his death. Ahead of the next hearing in on June 12, 2024, expected to be the last, in the criminal trial of those accused of killing lawyer Tahir Elçi, the oganisations urge the Special Rapporteurs once again to request the Turkish authorities to ensure a fair trial by an impartial and independent tribunal, respecting the procedural rights of Tahir Elçi’s family, as well as to ensure that all those responsible for Tahir Elçi’s death are held accountable and serve adequate sentences. The letter is addressed to the UN Special Rapporteur on the independence of judges and lawyers; Special Rapporteur on the situation of human rights defenders; Special Rapporteur on extrajudicial, summary, or arbitrary executions; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on the promotion and protection of human rights while countering terrorism; and Special Rapporteur on minority issues. The mandate holders are invited to call on the Turkish authorities to ensure: i. The court hearing the case complies with its obligation, under the right to life, to ensure that all those responsible are brought to justice and serve appropriate sentences for the killing of Mr. Elçi, and considering, inter alia, the legal responsibility of superior officials for violations by their subordinates; ii. To this end, in light of the severe shortcomings in the investigation as well as serious allegations of torture and ill-treatment by prosecutors and security forces involved in the case, the court take into account the requests by Tahir Elçi’s family concerning important evidence and witnesses in the case capable of elucidating the killing; iii. Judicial authorities take all necessary steps to redress the improper bias and serious procedural breaches identified in this letter, which have undermined the victims’ rights in the case, including by giving the Elçi family’s lawyers reasonable opportunities to be heard and to make requests and refraining from an attitude appearing hostile to the Elçi family or its lawyers; iv. In light of Tahir Elçi’s professional activities, the court explores whether there was a possible political motive for his murder, whether the relevant authorities have taken adequate measures to safeguard Mr. Elçi and whether certain State officials could have been involved; v. The very serious complaints alleging prosecutors’ involvement in the torture and ill-treatment of witnesses in the case is examined by an independent and impartial judicial body and in case of a credible claim, a criminal proceeding to be instigated against them, the Council of Judges and Prosecutors to start a disciplinary proceeding against those involved and the related evidence is excluded from the file before the Diyarbakır 10th Assize Court; vi. Mr. Elçi’s family is provided with appropriate redress for the violations they and their loved one have suffered in accordance with the international obligations of Turkey, including under the ECHR, the UN Basic Principles on the Role of Lawyers and the Minnesota Protocol. The letter was endorsed by the Turkey Human Rights Litigation Support Project, American Association of Jurists (Asociación Americana de Juristas, AAJ), Association of Democratic Lawyers (Vereinigung Demokratischer Juristinnen und Juristen, VDJ, Germany), Bar Human Rights Committee of England and Wales (BHRC), Bruxelles Bar Association (Ordre des avocats du Barreau de Bruxelles), Bruxelles Bar Association - Human Rights Institute (Institut des droits de l’homme du barreau de Bruxelles), Defence Without Borders - Lawyers in Solidarity (Défense sans frontière avocats solidaires, DSF-AS, France), Democratic Lawyers (Giuristi Democratici, Italy), Democratic Lawyers Association of Bangladesh (DLAB), European Association of Lawyers for Democracy and World Human Rights (ELDH), European Democratic Lawyers (AED), German Bar Association (Deutscher Anwaltverein, DAV), Indian Association of Lawyers, International Association of Democratic Lawyers (IADL), International Association of People's Lawyers, International Association of People's Lawyers-Australian Branch, International Observatory for Lawyers in Danger (OIAD), Lawyers for Lawyers, Monitoring Committee on Attacks on Lawyers, Nantes Bar Association - France, National Union of People’s Lawyers (NUPL, the Philippines), Observatory Endangered Lawyers - Italian Union of Criminal Chambers (Osservatorio Avvocati Minacciati, UCPI), Rennes Bar Association (Ordre des Avocats du Barreau de Rennes, France), Rotterdam Bar Association - the Netherlands, Seine-Saint Denis Bar Association - France, the Council of Bars and Law Societies of Europe (CCBE), the European Bars Federation (FBE), the International Bar Association’s Human Rights Institute (IBAHRI), the Law Society of England and Wales (LSEW), and the Republican Lawyers Association (Republikanische Anwältinnen- und Anwälteverein, RAV, Germany). Joined by Human Rights in Practice, Legal Centre Lesvos, the Lyon Bar Association, the Observatory for Human Rights Defenders, and the Turin Bar Association, the organizations also released a joint public statement (see here) calling for for justice for Tahir Elçi.


