Ranking Turkey with a status of “Not Free,” the report references the use of vaguely worded terrorism laws to facilitate mass dismissals, extensive use of pre-trial detention, harassment of civil society and the prosecution and harassment of journalists. In addition the constitutional amendments approved in 2017 are discussed – concluding that the amendments radically reduce democratic checks and balances.
İnsan Hakları Ortak Platformu / Human Rights Joint Platform
This report presents a detailed overview of the measures taken under the state of emergency including criminal procedures, investigation and prosecution procedures, measures against individuals, organisations, civil society and media agencies, appeals against state of emergency measures and legislative amendments made by emergency decrees.
The report provides an overview of the Emergency Inquiry Commission, to find that it does not meet the requirements of an effective remedy in accordance with the case law of the European Court of Human Rights. Of primary importance is the fact that the Commission cannot assess whether the actions taken by the government in the first place were lawful. It is highlighted that the Commission is essentially dealing with what would be classed as criminal charges under the ECHR. Nonetheless, the Commission is only able to examine applications based on the case file (which may sometimes be deemed a state secret), violating any opportunity to make a defence and raising fair trial concerns. “This procedure forces people and institutions to acknowledge a crime of which they were not informed at any stage and then to make a suitable defence. The person applying to the Inquiry Commission will first need to choose a crime and then make their defence as to how they did not commit that crime.” Concerns are also raised with regards to the nature of the decisions. Reviewing the case law of the ECtHR, Altiparmak argues that the Commission is not able to provide effective reparations as understood by the Court. Practically speaking, concerns with regard to the number of 35 applications and the methods of appointment and dismissal of Commission members are also raised. It is estimated any form of remedy could take up to 6 years.
This report outlines a number of human rights abuses committed under the current state of emergency in Turkey – particularly as they relate to the ability of human rights defenders and NGOs to carry out their work. Focus is paid to increased instances of arbitrary detention, abusive prosecutions under anti-terrorism laws, the use of emergency rule to close NGOs, increasing instances of intimidation to silent dissent, the deteriorating situation in Southeast Turkey, and unfair restrictions on the right to freedom of assembly.
This report outlines the history of the coup attempt and the subsequent crackdown and mass dismissals of public servants. Based on 61 interviews (33 of which were conducted with dismissed public servants), the report analyses arbitrary dismissals, travel bans, their effect on family life and the lack of any meaningful appeal process. These measures are then assessed against international human rights standards.
International Commission of Jurists
The report provides an overall assessment of the impact that state of emergency measures and reforms have had on access to an effective legal remedy for human rights violations. The report finds that state of emergency legislation has been abused in order to achieve policy objectives via a number of systematic unlawful derogations from, and restrictions on human rights protections. The result “has been a mass dismissal of public servants, judges and prosecutors without ensuring due process guarantees and the degradation of the justice system, depriving the judiciary of essential guarantees to ensure its independence from the political authorities. Taken together, these measures have seriously crippled the capacity of the Turkish legal system to provide an effective remedy for human rights violations.” The report evaluates the effectiveness of the Constitutional Court, the Commission of Inquiry, obstacles to accessing a lawyer, and restrictions on civil society.