IMPLEMENTATION
MONITORING & ADVOCACY

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

The undersigned international legal and human rights organisations strongly condemn the conviction and sentencing of ten lawyers who are members of the Association of Lawyers for Freedom (Özgürlük İçin Hukukçular Derneği, ÖHD) and of 20 executives and staff of the Prisoners’ Families Solidarity Association (Tutuklu Aileleri ile Dayanışma Derneği, TUAD) by the Istanbul 14th Heavy Penal Court on 28 January 2026. The unjust sentences, imposed after nearly ten years of proceedings, are the latest alarming example of a broader pattern of criminalising the legal profession and human rights defence in Türkiye. Those convicted and sentenced are at liberty pending appeals of their convictions. Criminalisation of lawful professional and human rights activities The case originates from a criminal investigation launched in 2016 against ÖHD lawyers and TUAD members, based on allegations that they had facilitated communication between prisoners held in separate prisons and the outside world between 2011 and 2014. All defendants in the case were charged with “membership of an armed organisation” and, in some cases, with “making propaganda for an armed organisation”, solely on account of their lawful professional and advocacy activities. During the arrests carried out in 2016, nine ÖHD lawyers were taken into police custody. Although all were initially released, three were remanded in prison upon the prosecutor’s objection. Hüseyin Boğatekin was released after 15 days, while Ayşe Acinikli and Ramazan Demir were held in pre-trial detention for six months. The evidence relied upon by the prosecution appears, on the basis of the case file and trial record, to consist entirely of lawful activities. These included prison visits, trial monitoring, legal representation of clients, public statements, and communications with colleagues and clients carried out by ÖHD lawyers, as well as TUAD’s work documenting prison conditions, issuing public statements on rights violations, and monitoring the health of prisoners during the 2012 hunger strikes. None of these activities involved incitement to violence, coercion, or any form of unlawful conduct. A trial marked by fair trial violations Throughout the nearly ten-year trial, the court consistently rejected defence requests to exclude evidence obtained unlawfully, including material collected by prosecutors and authorised by judges who were later dismissed and/or prosecuted and convicted of membership of “Fethullahist Terrorist Organisation” (FETÖ, the term used by the Turkish authorities to designate the Gülen Movement, which the government accuses of creating a parallel state and orchestrating the coup attempt of July 2016). The prosecution relied upon evidence obtained through unlawful surveillance measures. Wiretapping and technical surveillance orders were extended repeatedly; carried out for over a year; and listening devices were installed inside TUAD premises, without proper regard to the exceptional nature of such measures and the safeguards, limitations and conditions laid down in the Turkish Code of Criminal Procedure. Defence arguments that lawyers were being prosecuted simply for acts carried out in the course of their professional duties - and that, under domestic law, such investigations and prosecutions require Ministry of Justice’s prior authorisation - were dismissed without adequate reasoning. Sentences imposed Despite these shortcomings, and other violations reported in the proceedings, the Istanbul 14th Heavy Penal Court convicted 10 ÖHD lawyers and 20 TUAD members on 28 January 2026, imposing sentences ranging from 10 months to 12 years 6 months of imprisonment. The convictions were based primarily on charges of “membership of an armed organisation” under Article 314(2) of the Turkish Penal Code (TPC) and, in some cases, “making propaganda for an armed organisation” under Article 7(2) of the Anti-Terrorism Law - provisions that are routinely misused in Türkiye to criminalise lawful professional activity, expression, and association. The sentences imposed on the lawyers are as follows: • Adem Çalışçı – 1 year 3 months (Article 7(2) of the Anti-Terrorism Law) • Ayşe Acinikli – 6 years 3 months (Article 314(2) of the TPC) • Ayşe Gösterişlioğlu – 6 years 3 months (Article 314(2) of the TPC) and 7 months 15 days (Law No 6136) • Hüseyin Boğatekin – 7 years 6 months (Article 314(2) of the TPC) • Ramazan Demir – 7 years 6 months (Article 314(2) of the TPC) and 3 years 9 months (Article 7(2) of the Anti-Terrorism Law) • Raziye Öztürk – 6 years 3 months (Article 314(2) of the TPC) • Ruhşen Mahmutoğlu – 6 years 3 months (Article 314(2) of the TPC) • Şefik Çelik – 1 year 3 months (Article 7(2) of the Anti-Terrorism Law) • Sinan Zincir – 7 years 6 months (Article 314(2) of the TPC) • Tamer Doğan – 4 years 6 months (Article 7(2) of the Anti-Terrorism Law) and 1 year 2 months (Article 299((1) of the TPC on insult to president) The remaining convictions in the case concern TUAD members and similarly relate solely to lawful human rights and solidarity activities, including documenting prison conditions, publicly reporting on human rights violations, and advocating for the protection of prisoners’ health and dignity. An assault on human rights The arrest, detention, prosecution and conviction of lawyers for carrying out their professional activities violates the rights of the individuals concerned and impacts human rights more broadly, creating a chilling effect for lawyers wanting to take on human rights cases and challenge abuses of power. The targeting of members of ÖHD working in the field of human rights – particularly those involved in cases concerning pro-Kurdish and minority rights in an environment marked by the politicisation of the judiciary and sustained attacks on the legal profession – is particularly alarming. These convictions must be understood in the context of a broader strategy to intimidate lawyers, dismantle independent legal advocacy, and suppress human rights monitoring in Türkiye. Incompatibility with international standards on the legal profession and human rights The prosecution and conviction of ÖHD lawyers in these proceedings raise serious concerns of incompatibility with Türkiye’s obligations under international human rights law and standards governing the legal profession. International instruments, including the United Nations Basic Principles on the Role of Lawyers, require that lawyers must not be identified with their clients or their clients’ causes and must not face prosecution or sanctions for actions taken in accordance with their professional duties (Principles 16 and 18). They further affirm the right of lawyers and their professional associations to engage in public discussion on matters concerning the administration of justice and human rights without fear of retaliation (Principle 23). These guarantees are reflected in the Council of Europe Convention for the Protection of the Profession of Lawyer and the Committee of Ministers’ Recommendation (2000)21 and, which underscore the independence of lawyers and their freedom from intimidation, interference, or improper sanctions. The proceedings also raise issues under Articles 6, 10 and 11 of the European Convention on Human Rights and Articles 14, 19 and 22 of the International Covenant on Civil and Political Rights, in light of the apparent criminalisation of lawful professional activity, expression, and association, as well as the reported reliance on unlawfully obtained evidence. Call for action The undersigned organisations: • Condemn the convictions and sentences imposed on ÖHD lawyers and TUAD members for their lawful professional and human rights activities; • Call on the Turkish authorities to quash these convictions and terminate all proceedings targeting lawyers and civil society actors simply for the exercise of their professional duties and rights to freedom of expression and association; • Call on the Turkish authorities to sign and ratify the Council of Europe Convention for the Protection of the Profession of Lawyer, and to take immediate steps to align domestic law and practice with its safeguards, including by ensuring that lawyers are not subjected to criminal investigation, prosecution, or sanction for acts carried out in the legitimate exercise of their professional duties; and • Urge the international community, including United Nations, Council of Europe and European Union mechanisms, to closely monitor this case and the wider pattern of persecution of lawyers and human rights defenders in Türkiye, and to engage with the Turkish authorities to demand compliance with their international human rights obligations. Signatories (in alphabetical order): • Amnesty International • Barreau de Paris – Paris Bar Association • Behatokia – Basque Country Human Rights Observatory • Center for Research and Analysis for Democracy – CRED, Italy • Council of Bars and Law Societies of Europe (Conseil des Barreaux Européens, CCBE) • The Defense Commission of the Barcelona Bar Association • Défense Sans Frontière-Avocats Solidaires (DSF-AS) • Democratic Jurists Italy • Demokratische Jurist*innen Schweiz (Switzerland) • European Association of Lawyers for Democracy and World Human Rights (ELDH) • European Democratic Lawyers (AED) • Foundation Day of the Endangered Lawyer • Haldane Society of Socialist Lawyers, United Kingdom • Human Rights Association (İnsan Hakları Derneği) • International Association of Democratic Lawyers (IADL) • International Association of Russian Advocates • 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 for Lawyers at Risk (OIAD) • The Law Society of England and Wales (LSEW) • Lawyers for Lawyers • Lawyers for the Rule of Law • Lawyers’ Rights Watch Canada (LRWC) • Legal Centre Lesvos, Greece • Legal Team Italia • MAF-DAD (Association for Democracy and International Law e.V) • National Union of Peoples’ Lawyers (NUPL) • New York City Bar Association • Progressive Lawyers’ Association (Çağdaş Hukukçular Derneği, ÇHD) • Republikanischer Anwältinnen- und Anwälteverein (RAV e.V., Germany) • Socialist Lawyers’ Association of Ireland • Turkey Human Rights Litigation Support Project (TLSP) • Vereinigung Demokratischer Jurist:innen e.V. (VDJ) • World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders

Executive Summary The submission provides an analysis of the reasoned judgment of the Ankara 22nd Assize Court convicting Mr Demirtaş and Ms Yüksekdağ Şenoğlu, with a view to identifying the acts and incidents relied upon by the domestic court to ground their convictions, with particular emphasis on whether these are identical or substantially similar to those already examined by the European Court of Human Rights (“ECtHR” or “the Court”) in its judgments of Selahattin Demirtaş (no. 2) v Turkey [GC] (Application no. 14305/17, 22 December 2020) and Yüksekdağ Şenoğlu and others v Türkiye (Application no. 14332/17, 8 November 2022). Although the Government contends that the trial court’s judgment convicting Mr Demirtaş and Ms Yüksekdağ Şenoğlu is based on distinct charges, facts, and allegedly new evidence not examined by the ECtHR, and that their current detentions therefore fall outside the scope of the Court’s judgments, the analysis demonstrates that the Ankara 22nd Assize Court’s judgment nevertheless relies to a significant extent on facts and evidence already examined by the ECtHR, which were found to be insufficient to justify Mr Demirtaş and Ms Yüksekdağ Şenoğlu’s detention. Moreover, the trial court reproduced problematic practices that were previously identified by the ECtHR. Firstly, the trial court based Mr. Demirtaş’s and Ms Yüksekdağ’s conviction on certain social media posts shared on the HDP Twitter account concerning the events of 6 to 8 October 2014 and on certain political speeches delivered by them. However, the ECtHR had already ruled that the social media posts in question could not be interpreted as a call for violence, and that Mr Demirtaş’s and Ms Yüksekdağ Şenoğlu’s statements in question fell within the scope of expression protected under the Convention. Secondly, the trial court disregarded the ECtHR’s findings on parliamentary inviolability, as it failed to halt the proceedings initiated on the basis of the May 2016 constitutional amendment, which the Court had characterised as an unforeseeable ad hominem exception to parliamentary inviolability under Article 83(2) of the Constitution. Thirdly, the trial court treated participation in the activities of the Democratic Society Congress (“DTK”) as evidence of “organisational membership”, notwithstanding the ECtHR’s explicit finding that participation in DTK meetings and delivering speeches there were incapable of satisfying an objective observer that Mr Demirtaş and Ms Yüksekdağ Şenoğlu might have committed one of the offences, and that such activities were protected under Articles 10 (freedom of expression) and 11 (freedom of association) of the Convention. Fourthly, the trial court failed to engage in any meaningful scrutiny of the serious flaws in the criminal investigation identified by the ECtHR. In particular, its review of the authenticity and reliability of the evidence used against Mr Demirtaş was reduced to a purely superficial exercise, falling manifestly short of the substantive assessment required under the Convention. Lastly, the trial court’s reliance on the purportedly “new” evidence, some of which was introduced into the criminal proceedings only after the Grand Chamber judgment, in particular witness statements, to re-characterise the charges against Mr Demirtaş and Ms Yüksekdağ Şenoğlu and to secure their convictions amounts to a judicial tactic aimed at avoiding the obligation to release them, thereby constituting a continuing breach of Article 18 of the Convention (limitation on use of restrictions on rights). In light of the above, the NGOs call on the Committee of Ministers to ensure the full and effective implementation of the Court’s judgments through the adoption of the necessary individual and general measures, including the immediate release of Mr Demirtaş and Ms Yüksekdağ Şenoğlu; the quashing and annulment of their convictions and related criminal proceedings; the cessation of proceedings based on the exercise of Convention- protected expression, parliamentary non-liability, or the same or similar factual context already examined by the Court; and the adoption of systemic safeguards to prevent the continued misuse of criminal law, anti-terrorism legislation, and prosecutorial practices against opposition politicians in breach of the Convention, as set out in detail in the present submission. DH-DD(2026)234: Rule 9.2 Communication from NGOs in the case of Selahattin Demirtas v. Turkey (No. 2). Document distributed under the sole responsibility of its author, without prejudice to the legal or political position of the Committee of Ministers.

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)

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://turkiyelitigationsupport.org Contact: info@turkiyelitigationsupport.org

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.

Criminal and civil proceedings against the executive board of the Istanbul Bar Association are incompatible with Türkiye’s international human rights obligations and represent a direct assault on the independence of the legal profession, warned 12 legal and human rights organisations in a joint intervention to the court. The joint amicus brief by leading human rights groups and professional legal bodies including Turkey Human Rights Litigation Support Project, has been submitted to the Istanbul 26th Heavy Penal Court on Friday, September 5, as the second hearing, scheduled to last two days, begins tomorrow. The legal action targets the Istanbul Bar Association’s President, Prof. İbrahim Kaboğlu, and ten executive board members, and stems from a public statement issued by the Bar on 21 December 2024, following the killing of two Kurdish journalists, Nazım Daştan and Cihan Bilgin, allegedly in a drone strike in northern Syria. In its statement, the Bar Association had recalled international legal protections that must be afforded for journalists in conflict zones, called for an effective investigation into the deaths, and demanded the release of protestors and lawyers detained at a demonstration held in Istanbul that same day. In response, prosecutors in Türkiye launched criminal proceedings against the Bar’s leadership for “propaganda for a terrorist organisation” and “disseminating misleading information,” and simultaneously filed a civil lawsuit seeking to dismiss the board on the grounds that it had acted beyond its legal duties. On 21 March 2025, the Istanbul 2nd Civil Court of First Instance ordered the termination of the entire board’s mandate, a decision that is currently under appeal. The 12 organisations argue in their joint submission that these proceedings violate Türkiye’s obligations under international human rights law. The Istanbul Bar Association’s statement, they note, falls squarely within its professional mandate and legal duty to defend human rights and the rule of law. “The criminal and civil proceedings against the Istanbul Bar Association’s executive board amount to retaliation for engaging in lawful, rights-based advocacy,” said Ayşe Bingöl Demir, Director of the Turkey Human Rights Litigation Support Project. “They are part of a broader effort to intimidate the legal profession and silence institutions that challenge state power.” The organisations emphasise that bar associations must be free to speak out on legal and human rights concerns without fear of intimidation or punishment. As Thierry Wickers, President of the Council of Bars and Law Societies of Europe (CCBE) stated, “These actions are not just an attack on the Istanbul Bar Association, they are an attack on the very idea of an independent legal profession, one of the main pillars of a democratic society and a fundamental guarantee for ensuring the rule of law and preventing abuse of state power.” According to the amicus brief, the charges brought against the Bar’s leadership are both vague and legally baseless, relying on overbroad anti-terrorism and “disinformation” laws that fail to meet international standards of legality, necessity and proportionality. No part of the Bar’s statement can reasonably be interpreted as “inciting violence” or “promoting terrorism”. Instead, it reflects the Bar’s role as an institutional safeguard, defending its members and speaking out against unlawful detentions and alleged violations of international law. “The Istanbul Bar’s statement was well within its statutory duties and its internationally protected role,” said Baroness Helena Kennedy, Director of the International Bar Association’s Human Rights Institute “To criminalise such a statement is both legally indefensible and politically alarming.” The organisations stress that this case is not isolated but emblematic of a wider pattern in Türkiye, where bar associations have faced mounting interference, lawyers are increasingly prosecuted for their work, and dissenting institutions are subjected to coordinated pressure. Dinushika Dissanayake Amnesty International’s Deputy Regional Director for Europe warned that, “What is happening in this case is emblematic of a systemic pattern but also sets a dangerous precedent: criminal law is being misused to target lawyers, their professional body and human rights defenders for simply carrying out their work. Türkiye’s overly broad anti-terrorism laws are open to abuse. Prosecutions such as these send a chilling message that demanding the authorities abide by their human rights obligations comes at a heavy cost and that lawyers’, their representatives’ and all of our right to freedom of expression can be arbitrarily curtailed. In the face of this, the only fair outcome is the acquittal of all the leaders of Istanbul Bar Association at tomorrow’s hearing.” In light of these concerns, the international organisations have requested the Istanbul court to assess the lawfulness and propriety of the ongoing criminal and civil proceedings in line with Türkiye’s binding obligations under international human rights law, including the standards on the independence of lawyers and bar associations and the rights to freedom of expression and association. As the amicus brief highlights, the charges and actions against the Istanbul Bar Association’s executive board contravene these standards, appear to pursue an ulterior political purpose, and risk setting a dangerous precedent for legal professionals and institutions engaged in rights-based advocacy. The organisations that submitted the amicus curiae brief are: Turkey Human Rights Litigation Support Project, Amnesty International, Council of Bars and Law Societies of Europe, European Association of Lawyers for Democracy and World Human Rights, German Federal Bar, Human Rights Watch, International Bar Association’s Human Rights Institute, International Commission of Jurists, International Observatory for Lawyers in Danger, Law Society of England and Wales, Lawyers for Lawyers, PEN Norway For more information contact: info@turkeylitigationsupport.com

The TLSP, HRW, and the ICJ have produced a briefing for institutions and Member States of the European Union concerning Türkiye’s challenge to EU founding values and rule of law standards, building on conclusions from their earlier briefing to the Council of Europe on Türkiye’s defiance of European Court of Human Rights judgments and erosion of judicial independence. Türkiye’s flouting of human rights and the rule of law, including through instrumentalization of the judiciary and widespread use of detention and prosecution to silence political opponents and critics, in defiance of repeated ECtHR rulings on these issues, has direct negative implications for the EU’s external policy. A failure by the EU to take unified action to tie political, financial, and institutional engagement with Türkiye to concrete, measurable progress on human rights, judicial independence, and implementation of ECtHR judgments enables impunity for human rights violations and further undermines the accession process. It risks widening the gap between the EU and Türkiye as strategic partners, sends the wrong signal to countries across the region, and erodes the EU’s credibility and cohesion in promoting democratic standards and human rights in its neighbourhood and globally. The briefing offers recommendations to EU institutions and Member States on key measures and steps to address the profound human rights and rule of law crisis in Türkiye. It can be accessed here.

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)

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 briefing by Human Rights Watch, International Commission of Jurists, Turkey Human Rights Litigation Support Project

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

This briefing to the Council of Europe (CoE) institutions, prepared ahead of an advocacy visit by the TLSP, HRW and the ICJ, joined by Amnesty International and the European Implementation Network in January 2025, addresses some of the main elements underlying Türkiye’s systemic failure to implement ECtHR judgments, which not only perpetuates ongoing Convention violations, but also serves to increase applications to the Court, and positions the country as one of the least compliant Member States with the Convention. The briefing examines the practices and tactics adopted by Turkish prosecutorial and judicial actors and government authorities to evade implementing European Court judgments. It further analyses critical concerns engaging CoE values that are behind those tactics: the lack of an independent and impartial judiciary and the erosion of the rule of law, which lie at the heart of the current crisis between Türkiye and the CoE. Finally, the briefing offers a series of recommendations to the CoE institutions and Member States on how to respond to the Turkish authorities’ conduct, to press for the implementation of ECtHR judgments and to uphold and promote the Convention framework. The briefing can be accessed here.

The Turkey Human Rights Litigation Support Project, and Amnesty International (“the NGOs”) presented a Rule 9.2 submission to the Committee of Ministers of the Council of Europe on 17 January 2025 regarding the execution of the European Court of Human Rights judgment in the case of Pişkin v. Turkey (Application no. 33399/18). The submission complements two earlier submissions jointly made by the NGOs and the International Commission of Jurists dated 29 October 2021 and 1 September 2022 and responds to the Government’s reply to the NGO submissions and action reports. The submission can be accessed here.

The Turkey Human Rights Litigation Support Project and Human Rights Watch (“the NGOs”) made a joint Rule 9.2 submission to the Committee of Ministers of the Council of Europe on 17 January 2025. The submission provided updates on developments relevant to the implementation of individual and general measures required by the European Court of Human Rights’ Selahattin Demirtaş (no. 2) v Turkey [GC] and Yüksekdağ Şenoğlu and others v Turkey judgments. It also offered recommendations to the Committee, building on previous submissions jointly made by the NGOs, the International Commission of Jurists, and the International Federation for Human Rights. The submission can be accessed here.

The Turkey Human Rights Litigation Support Project and Human Rights Watch (“the NGOs”) made a joint Rule 9.2 submission to the Committee of Ministers of the Council of Europe on 17 January 2025. The submission provided updates on developments relevant to the implementation of individual and general measures in the European Court of Human Rights’ Kavala v Turkey judgment and in the proceedings under Article 46 § 4 in the case of Kavala v Türkiye. It also offers recommendations to the Committee in its supervision of these judgments’ implementation, building on previous unimplemented recommendations jointly made by the NGOs and the International Commission of Jurists. The submission can be accessed here.

The Turkey Human Rights Litigation Support Project, Human Rights Watch, the International Commission of Jurists, and the International Federation for Human Rights (“the NGOs”) made a joint Rule 9.2 submission to the Committee of Ministers of the Council of Europe on 12 February 2024 providing the Committee with information and recommendations on the state of implementation of individual and general measures by Türkiye in relation to the European Court of Human Rights’ Selahattin Demirtaş (no. 2) v Turkey [GC] (Application no. 14305/17) and Yüksekdağ Şenoğlu and others v Turkey (Application no. 14332/17) judgments. The NGOs’ recommendations in the submission presented to the Committee ahead of its 1492nd Human Rights meetings in March 2024 include on the issue of individual measures: Initiating infringement proceedings under Article 46(4) of the Convention in relation to Türkiye’s continued failure to release Mr. Demirtaş and Ms. Yüksekdağ Şenoğlu from detention; and Requesting that Turkish authorities ensure restitutio in integrum to all of the applicants, by annulling criminal proceedings initiated during their term in office pursuant to the constitutional amendment of May 2016 (including in the ongoing “Kobani trial” based on the “6-8 October 2014 events”, which was the subject of the Court’s judgments); and annulling proceedings similarly based on the applicants’ political activities, where they relate to an identical or similar factual context as examined by the Court. Regarding general measures, the NGOs call on the Committee of Ministers to urge Türkiye to: Annul and remedy all criminal proceedings initiated during the HDP MPs’ term in office based on the constitutional amendment of May 2016; Annul and remedy criminal proceedings relying on a decision by the judiciary to set aside parliamentary inviolability, contrary to the jurisprudence of the Constitutional Court; Put an end to the judicial harassment of parliamentarians, which has unduly impeded the exercise of their political mandate, by ensuring that judicial authorities refrain from submitting summaries of proceedings (fezleke) in connection with their exercise of their Convention rights; Take concrete steps to ensure that parliamentary non-liability under Article 83(2) of the Constitution is systematically and genuinely applied by prosecutorial and judicial authorities; Take concrete steps to ensure the ECtHR jurisprudence on freedom of expression is genuinely and effectively applied by prosecutorial and judicial authorities when applying and interpreting anti-terrorism or national security laws; and secure the implementation of the Committee of Ministers’ and Venice Commission’s recommendations on this issue; Ensure that remedies and safeguards against arbitrary interferences with the rights of elected representatives and other opposition politicians are effective in practice, including by strengthening the effectiveness of the individual application process to the Constitutional Court and protecting its independence; and Take specific measures to address the obstacles described in this submission to opposition politicians’ exercise of their elected mandates in a free and safe environment.underscore the key role that the Committee’s supervision will play in ensuring Türkiye’s compliance with the judgments, and international oversight and provide views on four central issues: The government’s claim that the ongoing detention of Mr Kavala does not fall within the scope of the 10 December 2019 and 11 July 2022 judgments of the ECtHR, which is profoundly misleading and in direct defiance of the Court’s rulings. The government’s false argument that the Grand Chamber did not address the April 2022 conviction of the applicant in its July 2022 judgment. The imperative that Mr. Kavala be released immediately as part of the appropriate and urgent response to the Grand Chamber judgment. The necessity of the Committee increasing its efforts to secure the release of Mr Kavala by effectively using all designated legal, political, diplomatic, and financial tools in hand while continuing to firmly condemn Türkiye’s refusal to implement the judgment. The submission can be accessed here.

The Turkey Human Rights Litigation Support Project, Human Rights Watch, and the International Commission of Jurists (“the NGOs”) made a joint Rule 9.2 submission to the Committee of Ministers of the Council of Europe on 26 January 2024 providing information and recommendations on the state of implementation of individual and general measures required by the European Court of Human Rights’ judgments of Kavala v Turkey (Application no. 28749/18, 10 December 2019) and Proceedings under Article 4646§4 in the case of Kavala v Türkiye [GC] (Application no. 28749/18, 11 July 2022). In the submission, he NGOs ask the Committee to call once again for the immediate release of Osman Kavala; to stress that the ECtHR’s two judgments plainly apply to Osman Kavala’s conviction and aggravated life sentence; and to strongly condemn judicial authorities’ decision to uphold this conviction and sentence. They also urge the Committee to affirm its endorsement of the PACE resolution of 12 October 2023; condemn domestic authorities’ bad faith allegations that the PACE pursues political motives; recall the Turkish authorities’ binding obligation under Article 46 of the Convention; intensify its efforts to ensure continued engagement with this case; and identify the implementation of these judgments as one of the main conditions for maintaining constructive co-operation with Türkiye. Regarding the implementation of general measures to put an end to similar violations, to provide redress for such violations, and to prevent other similar violations from reoccurring, the NGOs highlight the continued instrumentalisation of criminal law to silence human rights defenders and suppress scrutiny and criticism of the state. Turkish authorities have consistently failed to adhere to international standards on states' heightened responsibilities in safeguarding human rights defenders due to their pivotal role in a democratic society. The legitimate exercise of Convention rights such as freedom of expression and freedom of assembly and association is repeatedly being linked to violent events and serious criminal offenses through a manifestly unreasonable interpretation of criminal law and evidentiary standards. In these proceedings against real or perceived dissenting voices, the basic tenets of legality and of a fair trial are systematically violated. The NGOs also underline Turkish authorities’ persistent failure to adhere to Convention standards and to implement key ECtHR judgments finding that an individual’s detention pursued an ulterior purpose, or that judicial authorities’ interpretation and application of criminal law violated the essence of the right to a fair trial and the principle of legality. The NGOs ask the Committee in this respect to urge Turkish authorities to bring an end to punitive prosecutions and misuse of criminal law against human rights defenders and adopt a concrete policy and targeted legislation on the protection of human rights defenders against any form of harassment or persecution and for the creation of a safe and enabling environment for them to pursue their activities. The NGOs provide further recommendations on amending broad and vaguely worded anti-terrorism and national security legislation; addressing non-implementation of ECtHR judgments and ensuring respect for Convention standards; and monitoring and strengthening respect of legality and fair trial rights. The submission also underlines intensifying issues surrounding judicial independence and impartiality in Türkiye. It discusses the lack of structural independence of the Council of Judges and Prosecutors; the deeply polarised system of judicial appointment; and politically motivated decisions regarding promotions, transfers, disciplinary measures and the dismissal of judges and prosecutors. The NGOs describe, furthermore, the lack of structural independence of the Constitutional Court and the increasingly intense pressure it has faced over cases concerning perceived dissidents. Finally, they point to continuing attempts by the President and his governing coalition to influence criminal proceedings. To address these systemic issues, the NGOs urge the Committee of Ministers to request that Türkiye address serious shortcomings in the independence and impartiality of the judiciary by reforming the method of appointment of the Council of Judges and prosecutors, in line with international standards, and modifying the problematic appointment system for judges and prosecutors. Türkiye must also be asked to ensure that judges and prosecutors are protected from politically motivated decisions against them by addressing this submission’s recommendations under this heading. These include ensuring that such decisions are based on objective criteria and that affected individuals have access to an effective remedy before an independent judicial body, as well as strengthening judges’ security of tenure and granting them functional immunity both in law and in fact. The NGOs’ recommendations further detail specific measures to strengthen the independence of the Constitutional Court and the effectiveness of the individual application mechanism before that Court, including preventing or ceasing any criminal proceedings against members of the Constitutional Court for their decisions. Finally, the NGOs urge the Committee to emphasise that it is imperative for government and state officials to desist from all forms of interference in the administration of justice, including overt comments on ongoing proceedings and covert instructions to members of the judiciary. The submission can be accessed here.

Turkey Human Rights Litigation Support Project, Human Rights Watch and the International Commission of Jurists presented on 1 September 2022 a joint Rule 9.2 to the Council of Europe Committee of Ministers on the implementation of the European Court of Human Rights judgments in the case of Kavala v. Turkey (Application no. 28749/18) and the Proceedings under Article 46 (4) in the case of Kavala v. Türkiye [GC] (Application no. 28749/18). On 11 July 2022, the Grand Chamber of the the European Court of Human Rights issued a historic judgment in the infringement proceedings against Türkiye under Article 46(4) of the European Convention on Human Rights for the state’s failure to implement the Court’s Kavala v. Turkey 2019 judgment. The Court condemned Türkiye’s failure to fulfil its obligation to abide by its ruling in the case, in particular by refusing to release Osman Kavala. Despite this significant finding, in its submission to the Committee of Ministers dated 19 July 2022, the Turkish government continues to defy the Court’s order to release Mr Kavala and purports to justify his continued detention, this time on the basis of his latest conviction by the Istanbul 13th Assize Court. In a widely criticised judgment delivered on 25 April 2022, the Turkish court sentenced Mr Kavala to aggravated life imprisonment on charges of attempting to overthrow the government (under Article 312 of the Criminal Code) for his alleged role in the 2013 Gezi Park protests. In the submission presented to the Committee ahead of its 1443rd Human Rights meetings between 20 and 22 September 2022, the NGOs underscore the key role that the Committee’s supervision will play in ensuring Türkiye’s compliance with the judgment, and international oversight and provide views on four central issues: - The government’s claim that the ongoing detention of Mr Kavala does not fall within the scope of the 10 December 2019 and 11 July 2022 judgments of the ECtHR, which is profoundly misleading and in direct defiance of the Court’s rulings. - The government’s false argument that the Grand Chamber did not address the April 2022 conviction of the applicant in its July 2022 judgment. - The imperative that Mr. Kavala be released immediately as part of the appropriate and urgent response to the Grand Chamber judgment. - The necessity of the Committee increasing its efforts to secure the release of Mr Kavala by effectively using all designated legal, political, diplomatic, and financial tools in hand while continuing to firmly condemn Türkiye’s refusal to implement the judgment. The submission can be accessed here.

On 1 September 2022, the Turkey Human Rights Litigation Support Project, Amnesty International and the International Commission of Jurists presented a Rule 9.2 communication to the Council of Europe Committee of Ministers regarding the execution of the European Court of Human Rights’ judgment in the case of Pişkin v. Turkey (Application no. 33399/18). The Pişkin v. Turkey judgment is the first in which the Court has ruled on the incompatibility with the European Convention on Human Rights of the widespread dismissals of public sector workers under the state of emergency. The findings of the Court are relevant to the tens of thousands who have been affected by this drastic practice, and whose right to an effective remedy continues to be violated. The submission complements an earlier submission by the same NGOs dated 29 October 2021 (available here) on general measures Türkiye has an obligation to take to implement the Court’s judgment and responds to the Government’s Action Report submitted to the Committee of Ministers on 31 January 2022 requesting the closure of the case. The NGOs urge the Committee of Ministers to exercise robust oversight of this important case, and to adopt a holistic approach to implementation and reparation in the case. While this includes addressing the situation of the applicant, the Committee’s attention should not be limited to the narrow circumstances of this particular case, as it represents widespread and systematic violations of similar nature which have in no way been addressed or remedied. The submission can be accessed here.

Türkiye ve dünyadan 43 baro, hukuk ve insan hakları örgütü bir araya gelerek Birleşmiş Milletler (BM) Özel Prosedürlerine, Kocaeli Kandıra F Tipi Cezaevi’nde tutulan mahpus Aysel Tuğluk’un cezaevinde tutulmasının sağlık ve yaşamını ciddi şekilde tehdit ettiğine dair acil müdahale istemli bir mektup gönderdi (İngilizce mektuba buradan ulaşabilirsiniz). 20 Ocak 2022 tarihli mektup, BM İşkence ve Kötü Muameleye Karşı Özel Raportörü, Hakimlerin ve Avukatların Bağımsızlığı Özel Raportörü, İnsan Hakları Savunucularının Durumu Özel Raportörü, Keyfi Tutuklamalar Çalışma Grubu, Fiziksel ve Zihinsel Sağlık Konusunda Özel Raportör ve Azınlık Hakları Özel Raportörü’ne gönderildi. Mektup, bir yandan Türkiye’deki hapishanelerde bulunan tutuklu ve hükümlülerin sistemli olarak maruz bırakıldığı ciddi insan hakları ihlallerine ve tutulma koşullarına ilişkin genel ve güncel bilgiler verirken, bir yandan da ciddi hastalığına rağmen hapiste tutulmaya devam edilen Kürt politikacı ve insan hakları hukukçusu Aysel Tuğluk’un durumunun detaylı bir analizine yer verdi. Bu bağlamda, mektupta özellikle şu hususlar vurgulandı: Tıbbi raporlar, Aysel Tuğluk’un ziyaretçi ve avukatlarının ifadeleri ve duruma ilişkin kamunun erişimine açık bilgiler göstermektedir ki Aysel Tuğluk’un sağlık durumu, kendisine demans tanısı konulduğundan beri hızla kötüleşmektedir. buna göre mahpusun sağlık durumu Kocaeli Kandıra F Tipi Cezaevinde mevcut koşullarda uzun süre hayatta kalamayacağına işaret etmektedir. Aysel Tuğluk’un bu ciddi sağlık sorunlarına rağmen mevcut hapishane koşullarında ve COVID-19 salgını sırasında hapishanede tutulmaya devam edilmesi yetkili makamların iç hukuka ve uluslararası standartlara uygun davranmadığını göstermektedir. Bu saptamalar ışığında, imzacı kurumlar BM Özel Prosedürlerinden mektupta dikkat çekilen sorunlara ve Aysel Tuğluk’a karşı sürdürülen hak ihlallerine acil müdahalede bulunmalarını talep etti ve onları Türk makamlarına aşağıdaki konularda çağrı yapmaya davet etti: i. Türkiye’nin iç hukuk ve uluslararası hukuktan kaynaklanan yükümlülüklerine aykırı bir şekilde çok ciddi hastalığına rağmen hapishanede tutulmaya devam eden Aysel Tuğluk’un ve benzer durumdaki diğer tutuklu ve hükümlülerin derhal salıverilmesi; ii. hapishanelerdeki tutuklu ve hükümlülerin sağlığa erişim haklarıyla ilgili endişelerin dile getirilmesi ve ağır hasta olanların salıverilme taleplerinin reddedilmesinin ardında yatan nedenlerin araştırılması; iii. bütün hapishanelerde doktorlar da dahil olmak üzere yeterli sayıda tıbbi görevli bulunması ve bunların işlerini müdahalelere maruz kalmadan özgürce yürütebilmesinin sağlanması; iv. bütün hasta tutuklu ve hükümlülerin tıbbi muayenesinin gerçekleştirilmesinde tarafsız ve adil prosedürler öngören ve ağır hastalığı olanların insani sebeplerle salıverilmesini garanti altına alan yasaların geçirilip uygulamaya konulması için Türk yetkililerinin teşvik edilmesi; v. Hesap verebilirlik ve şeffaflık prensipleri ışığında Türk Hükümeti’nin hapishanelere ziyaret ve denetim için bu konuda uzman insan hakları örgütlerine ve hükümet dışı örgütlere izin vermesinin sağlanması.

43 bar associations and lawyers and human rights organizations from across the world and Turkey wrote an urgent action letter (available here) to the United Nations (UN) special mandate holders drawing their attention to the imminent risk to health and life of ill prisoner Aysel Tuğluk held in Kocaeli Kandıra F-Type Prison, Turkey since December 2016. The letter dated 20 January 2022 has been addressed to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the UN Special Rapporteur on the Independence of Judges and Lawyers, the UN Special Rapporteur on the Situation of Human Rights Defenders; the UN Working Group on Arbitrary Detention, the UN Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, and the UN Special Rapporteur on Minority Issues. The letter gives a detailed analysis of the case of Aysel Tuğluk, a Kurdish politician and human rights lawyer, who is kept in prison despite being severely ill. The letter underlines that: According to medical reports, statements from Ms. Tuğluk’s visitors and lawyers, and publicly accessible information on the case, Ms. Tuğluk’s health has been rapidly deteriorating since her diagnosis of dementia and she is not healthy enough to survive much longer in the conditions to which she is subject in Kocaeli F-Type Prison. Ms. Tuğluk’s continued imprisonment despite her serious health issues and her vulnerabilities to both conditions in the prison and the ongoing Covid-19 pandemic show a failure of Turkish authorities to adhere to both their own domestic laws and international standards with regard to the treatment of prisoners. The letter also provides the UN special mandate holders with general information on the systemic problems related to the condition of detention in Turkish prisons which cause serious human rights abuses. In the light of the foregoing, the organizations request the Special Procedures’ urgent action and invite the mandate holders to call on the Turkish authorities to: i. immediately release Ayşe Tuğluk and other severely ill prisoners who are not fit to remain in prison in compliance with Turkey’s domestic and international law obligations; ii. communicate concerns in relation to violation of prisoners’ rights to medical services and to investigate the circumstances behind the refusal to release severely ill prisoners; iii. ensure that all prisons in Turkey have an adequate number of medical staff, including doctors and that they work freely without any undue interference with their work; iv. urge the Turkish Authorities to introduce and enforce legal provisions guaranteeing impartial and fair procedures for the medical evaluation of all ill prisoners and the release of seriously ill prisoners on compassionate grounds; v. ensure the Turkish Government allows greater accountability and transparency of prison living conditions by enabling visits and inspections from human rights groups and nongovernmental entities.

“In recent years, the Turkish government’s recurrent unlawful and unjust detentions of peaceful critics and political opponents have escalated. These detentions, along with other severe human rights violations, have badly damaged Turkey’s international image. Now two political detentions in particular—of Turkish philanthropist Osman Kavala and opposition leader Selahattin Demirtaş—are straining Turkey’s relationship with Europe’s leading human rights body, the Council of Europe. Kavala (unjustly detained since 2017) and Demirtaş (unjustly detained since 2016) are both prominent figures in Turkey and globally and represent a liberal democratic vision for their country. Yet they have been detained unjustly and accused, baselessly, of some of the most serious crimes in the country. Kavala is alleged to have “organized” mass protests against the government and to have supported a coup attempt. Demirtaş, co-leader of the Peoples’ Democratic Party (HDP), has been charged with making terrorism propaganda. Both men took their cases to the European Court of Human Rights (ECHR), the Council of Europe’s judicial body, which ruled the detentions unjust and ordered Turkey to immediately release the men. But Turkey has ignored these orders. Now, in the face of Turkey’s obstinance, the Council is threatening to launch a process that could potentially make Turkey the first member state to ever be expelled from the club. The Council has declared that if Kavala is not released by the time of its November 30 meeting, it will formally initiate infringement procedures against Turkey. Highlighting the growing concern among many of Turkey’s most important foreign partners, in October, 10 embassies in Turkey issued a rare joint statement calling for Kavala’s release. President Recep Tayyip Erdoğan responded by threatening to expel all 10 ambassadors from the country. Erdoğan fortunately backtracked, and Ankara managed to narrowly avoid a major diplomatic crisis. But the continued detentions of both Kavala and Demirtaş remain serious threats to Turkey’s membership in the Council—and ongoing irritants in its ties with key countries, including the United States. To explain the interplay between Turkey’s domestic human rights issues and what is unfolding at the Council of Europe, POMED’s Merve Tahiroğlu spoke with Turkish human rights lawyer Ayşe Bingöl Demir to unpack why and how the Kavala and Demirtaş cases came to threaten one of Turkey’s most important ties to Europe.” The full text of the Q&A can be accessed at https://pomed.org/expert-qa-the-council-of-europe-v-turkey-will-erdogans-political-detentions-cost-turkey-its-membership/

TLSP, Human Rights Watch and the International Commission of Jurists made a joint Rule 9.2 submission to the Committee of Ministers, the Council of Europe’s intergovernmental body responsible for overseeing the implementation of European Court of Human Rights judgments. Ahead of the Committee’s March 9-11, 2021 session, the NGOs underlined that the failure to comply with a binding European Court of Human Rights order to release the human rights defender Osman Kavala should prompt Council of Europe action against Turkey. Osman Kavala has been held in pretrial detention since November 2017.

The Turkey Litigation Support Project (TLSP), together with 47 other lawyers’ and human rights organisations wrote a letter to the United Nations (UN) special mandate holders on the killing of human rights lawyer Tahir Elçi on 28 November 2015 and the lack of effective investigation into his death. Turkey must take steps to ensure a fair trial by an impartial and independent tribunal respecting the procedural rights of Tahir Elçi’s family, as well as carry out a prompt, effective, impartial, and independent investigation into Mr. Elçi’s death

TLSP, Article 19, FIDH, HRW and the ICJ made a detailed joint submission to the Council of Europe’s Committee of Ministers, which oversees enforcement of the European Court of Human Rights judgments, asking it to issue the decision at its meeting on March 9-11, 2021. The groups said that Turkey continues to violate Demirtaş’s rights by flouting a landmark judgment issued by the court on December 22, 2020, requiring his immediate release.

TLSP, Human Rights Watch, and the International Commission of Jurists made Rule 9.2 submission on the European Court of Human Rights (ECtHR) judgment in Kavala v. Turkey to the Committee of Ministers of the Council of Europe. In Kavala v. Turkey, the ECtHR found, on 10 December 2019, violations of Article 5(1) (right to liberty and security), Article 5(4) (right to a speedy decision on the lawfulness of detention), and Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights (the Convention) in conjunction with Article 5(1). In its judgment, which became final on 11 May 2020, the Court requested the Government of Turkey to take measures to end the detention of human rights defender Osman Kavala, the applicant, and to secure his immediate release.

TLSP and several other member organisations of Solidarity Network for Human Rights Defenders wrote a letter to the United Nations (UN) special mandate holders on 10 August 2020, underlining the recent increase in attacks on LGBTI+ people in Turkey. The letter demands an urgent intervention from the UN authorities.

TLSP, together with 17 prominent lawyers' and human rights organisations, sent an urgent action letter to the UN Special Rapporteurs expressing serious concerns regarding arbitrary detention and long-term imprisonment of lawyers Ebru Timtik and Aytaç Ünsal in violation of fair trial principles and their right to freedom of expression. When the letter was sent on 18 August 2020, Timtik and Ünsal were on hunger strike since 2 February 2020 in demand for a fair trial. The TLSP, together with a group of lawyers’ rights organisations, previously submitted another urgent action letter on 20 May 2019, which described further instances of what seems to be a systematic practice of persecuting lawyers in order to silence and intimidate human rights defenders and those critical of the Turkish government.

Human Rights Watch, the International Commission of Jurists, and TLSP submitted a detailed submission to the Council of Europe’s Committee of Ministers, which oversees enforcement of European Court of Human Rights judgments. The groups outlined how Turkey continues to violate Kavala’s rights by flouting a landmark judgment, that became final on May 11 requiring his immediate release.

TLSP, alongside other NGOs, submitted an urgent action letter (available in English here) in June 2020 to UN Special Rapporteurs and the Working Group on Arbitrary Detention expressing grave concern regarding the unlawful and arbitrary detention and judicial harassment of women’s human rights defenders Adalet Kaya, Narin Gezgör, Fatma Gültekin, Gülcihan Şimşek, Özlem Gündüz, Remziye Sızıcı, Sevim Coşkun and politicians Mehmet Ali Altınkaynak, Mehmet Arslan, Celal Yoldaş and Veysi Kuzubla, whose arrest was made in connection to an investigation against the Rosa Kadın Derneği (Rosa Women’s Association). The detention of these human rights defenders is the latest of a series of actions taken by the Turkish State to unlawfully restrict the freedom of expression of human rights defenders, including women’s rights groups, within Turkey. A follow up and update letter was submitted to the UN Special Mandate Holders in August 2020 on the same matter providing information on a police raid taken place in July 2020 resulting in arrest of more than 50 people, including 23 women’s rights defenders, in the Kurdish region and asking for the Special Procedures’ immediate intervention in the matter (available in English here).

TLSP and LLG made submissions to the UNHRC as part of Turkey’s third Universal Periodic Review process. The submissions focus on: the effect of the current security situation in the east and southeast of Turkey on fundamental rights and freedoms continued discrimination against the Kurdish population the effect of measures adopted under the State of Emergency (including mass dismissals of civil servants, an increase in reported cases of arbitrary detention, torture and ill treatment, erosion of the independence of the judiciary and the active persecution of legal professionals) ongoing impunity with regards to alleged human rights violations conducted by state officials The submissions can be downloaded here.

The Turkey Litigation Support Project, together with 24 prominent lawyers' and human rights organisations, sent an urgent action letter (available here) to the UN Special Rapporteurs this week expressing serious concerns regarding the arbitrary detention and long-term imprisonment of 18 human rights lawyers from Halkın Hukuk Bürosu (HHB, the Peoples’ Law Office) and Cağdaş Hukukçular Derneği (CHD, the Progressive Lawyers Association) in violation of fair trial principles and of their right to freedom of expression. The urgent action letter requests the Special Rapporteurs to urge the Turkish authorities to facilitate the immediate acquittal of lawyers Ayşegül Çağatay, Yağmur Ereren, Didem Baydar Ünsal, Yaprak Türkmen, Ahmet Mandacı, Zehra Özdemir, Ebru Timtik, Özgür Yılmaz, Behiç Aşçı, Sukriye Erden, Selçuk Kozağaçlı, Suleyman Gokten, Aytaç Ünsal, Engin Gökoğlu, Aycan Çiçek, Naciye Demir, Ezgi Cakir and Barkın Timtik; and the urgent release of those in detention pending appeal. We further requested the Special Rapporteurs to urge the Turkish authorities to: stop all forms of harassment, including judicial harassment, against these individuals as well as other lawyers and human rights defenders in Turkey, and allow them to perform their professional and lawful functions without intimidation or improper interference immediately stop using oppressive methods against individuals, particularly lawyers and other human rights defenders, who are critical of the human rights violations perpetrated by the State authorities including the security forces ensure the independence of the judiciary by law and practice and to prevent judges, prosecutors and lawyers from undue interferences