WEATHERING THE STORM Defending human rights in Turkey's climate of fear - Amnesty International
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WEATHERING
THE STORM
Defending human rights in Turkey’s climate of fear
AMNESTY INTERNATIONAL 1
Flowers on the Human
Rights sculpture, Yuksel
Street Ankara: Since May
2017 the sculpture, which
depicts a woman reading
the UN Declaration of
Human Rights, has been
encircled by police barriers,
to prevent it being used as
location for protests.
© Private
2 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEAR
“I have a small bag ready at home. Every morning I
contact two people [to let them know I am still here].
I am prepared for what may come.”
Şebnem Korur Fincancı, human rights defender and forensic doctor, facing prosecution for participating
in the solidarity campaign for the Kurdish newspaper Özgür Gündem, February 2018.
A chilling climate of fear emergency and during the crackdown after society actors in smear campaigns are
often a precursor for arrest or prosecution.
is sweeping across Turkish the coup attempt, for example on the arbitrary
dismissal of numerous public sector workers As a result, sections of society most at risk
society as the Turkish in No end in sight – Purged public sector of human rights abuses – such as women
government continues workers denied a future in Turkey as well as and girl survivors of sexual and gender-
on the serious allegations of the use of torture based violence, LGBTI people, refugees and
to use the state of in the immediate aftermath of the attempted migrants – are denied crucial support and
emergency to shrink the coup, Independent monitors must be allowed solidarity as they struggle to defend their
to access detainees amid torture allegations. rights. The climate of fear that exists leads to
space for dissenting or self-censorship, with activists being afraid to
alternative views. This briefing focuses in particular on the speak up because they might be thrown in jail
ways in which the rights to freedom of or attacked for what they said.
Those who are defending human rights expression, assembly and association, to
are on the front line – both as the targets liberty and security and to fair trials have It is precisely because the human rights
of authorities’ attacks and at the heart of been eroded. Repressive measures were defenders in this briefing play such a crucial
courageous resistance to attempts to silence initially directed at those suspected of role in society, and their work impact so many,
all opposition. participating in the coup attempt including that the government has such an interest
journalists, followed by academics, judges in curtailing their actions. Indeed, because
The state of emergency, declared in July and prosecutors. While these attacks the targeting of human rights defenders is
2016 as a temporary exceptional measure have continued, the net has widened to so pernicious and its effects reach far and
in the wake of a violent attempted coup, has increasingly include the relatively small but wide into many areas of society, that the
been repeatedly renewed and now forms vibrant independent civil society in Turkey. international community has a responsibility
an increasingly permanent feature of how This includes several prominent human rights to help protect this space for expression,
Turkey is governed. The bloody coup attempt defenders like Taner Kılıç, then Chair and dissent, protest, services and other human
resulted in the deaths of more than 240 now Honorary Chair of Amnesty International rights work of independent civil society and
people. These crimes have not just targeted Turkey, and Amnesty International Turkey human rights defenders in Turkey.
individuals, they have also represented Director, İdil Eser, arrested in June and July
an attack of human rights and freedoms. 2017. Almost a year later, Taner Kılıç remains It is time for Turkey to lift the current state
The need to protect people from such imprisoned while İdil Eser has been released of emergency and the draconian measures
violence is clear and those responsible for while their trial proceeds. This briefing places that came with it that go beyond legitimate
unlawful killings must be brought to justice. these and many other cases in the context of measures to combat threats to national
However, justice cannot be achieved by a deliberate and widespread attack on civil security, before there is no independent,
riding roughshod over the very rights that the society, meant to instil a climate of fear and critical civil society left in Turkey. The Turkish
government has an obligation to uphold. The to shrink the space for dissent, expression authorities must ensure the release of human
consequences for civil society, human rights and activism. rights defenders and other civil society actors,
and the people and organizations seeking to who have been detained and prosecuted
defend those rights have been profound and At a time of widespread human rights in the absence of credible evidence, and
devastating. Mass dismissals and the arbitrary violations, the vital work of civil society refrain from prosecuting anyone in the future
and abusive use of the criminal justice activists, including human rights defenders, for their legitimate human rights work. The
system, including anti-terrorism laws, have is being curtailed by the authorities’ use of authorities must roll back the climate of fear
affected huge swathes of the population. arbitrary detention and prosecution, threats and intimidation by positively recognizing
of violence and intimidation, the closure human rights and all who stand up for them.
Amnesty International has documented of organizations and the banning of public The international community must use all
a wide range of human rights violations events. Articles in pro-government media its powers and influence to reverse the
that have taken place under the state of and attacks on social media targeting civil downward trend of human rights in Turkey.
AMNESTY INTERNATIONAL 3
WHAT IS THE STATE
OF EMERGENCY?
The state of emergency,
bolstered by over 30
executive decrees that
bypassed parliamentary and
judicial scrutiny, provides
the context and legal
opportunity for a worsening
107,000+ 100+
crackdown on civil society,
an unprecedented wave of
detentions and prosecutions,
public sector employees, among them of those dismissed, had been
and the erosion of fair trial trade unionists and human rights reinstated by the State of
rights in Turkey. defenders, summarily dismissed for Emergency Commission by the
their activism or for exercising their end of February 2018.
These statistics show the scale and
right to freedom of expression.
unmistakable pattern of the crackdown.
THE STATE OF 100,000+ 50,000+
EMERGENCY AT people have faced criminal
investigations and potential
people imprisoned pending trial.
A GLANCE prosecution.
Declared on 20 July 2016.
Renewed seven times, for three
months each time.
Provides the government the ability
180+media outlets closed down;
120+
journalists and media workers
to rule through executive decrees many had their assets detained or imprisoned, at any one
which have the force of law and are confiscated. time, since July 2016.
subject to almost no scrutiny by the
Parliament or the courts.
265+ 1,300+
Over 30 executive decrees issued.
Turkey has derogated from some
of its human rights obligations, like
academics prosecuted for associations and foundations
rights to liberty, fair trials and to
signing an appeal for peace, closed down.
humane treatment of detainees.
as of 1 April 2018.
4 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEAR
A BROKEN LEGAL SYSTEM On 20 March, the European Court of Prominent individuals such as civil society
Human Rights issued its rulings on their leader Osman Kavala and Celalettin Can,
Within days of the state of emergency cases, finding violations of the rights to a human rights defender and once advisor
being declared, high-profile journalists liberty and security and to freedom of to the government on the peace process
and commentators were rounded up and expression. At the time of writing, Mehmet between the state and the armed Kurdistan
subsequently prosecuted. Large numbers Altan remains in prison awaiting the Workers Party (PKK), are currently in
of experienced and trained judges, outcome of his appeal. prison awaiting trial on such charges.
prosecutors and other state officials were
detained, accused of supporting Fethullah SILENCING CIVIL SOCIETY ACTORS Also among those charged under these laws
Gülen, the self-exiled cleric blamed by are several other prominent human rights
the government for the coup attempt. Broadly worded, vague anti-terrorism laws defenders, including Amnesty International’s
This purge of the judiciary, as well as have been used to criminalize dissenting Taner Kılıç, then Chair and now Honorary
the prosecutions of lawyers, a disregard opinion. Many of those caught in an Chair of Amnesty International Turkey, and
for constitutional court decisions and ever-widening net of legal repression have Amnesty International Turkey Director, İdil
many more problems in the judiciary, has been prosecuted and imprisoned despite Eser, arrested in June and July 2017. Almost
seriously undermined the ability of the the absence of any material evidence that a year later, Taner Kılıç remains imprisoned
criminal justice system to deliver fair and they had indeed committed a recognisable while İdil Eser has been released while their
impartial processes. criminal offense. trial proceeds. See more on their cases on page 10.
The cases of academic Mehmet Altan and
columnist Şahin Alpay are indicative of the
extent to which the rights to redress and
ATTACKS ON LAWYERS
fair trial have been severely affected. In There are no official statistics about the number of lawyers being investigated,
January 2018, first instance courts refused prosecuted and detained awaiting trial, but it is estimated that several hundred
to implement two separate Constitutional lawyers are facing criminal proceedings under the post-coup crackdown. Some 110
Court rulings that the men were unlawfully members of the Contemporary Lawyers Association (ÇHD) and Lawyers for Freedom
detained. In February, Mehmet Altan Association (ÖHD), two associations that have been closed down by executive
was convicted and sentenced to life decree, are subject to restrictions in carrying out their duties as lawyers because they
imprisonment without parole. In contrast, are facing criminal proceedings.
Şahin Alpay was released, subject to
house arrest, on 16 March, following a “Because I am being prosecuted myself, I cannot represent people in the investigation stage
second Constitutional Court ruling that – so when I went to see a couple of lawyers who were being held in police custody, I was not
his rights had been further violated by allowed. I am effectively not a lawyer at that point.”
the trial court’s failure to implement its
January ruling. Levent Pişkin, a lawyer who represented the Istanbul provincial branch of People’s Democratic Party
(HDP) and the Party’s imprisoned former co-leader, Selahattin Demirtaş. Together with four others,
“The Constitutional Court has he is facing prosecution for “membership of a terrorist organization” and “propaganda for a terrorist
condemned the attitude that has kept organization”, March 2018.
me in prison for 18 months and ruled
that my rights are violated. Had the “After the Constitutional Court decision on Mehmet Altan…I wrote a tweet welcoming the
Constitutional Court been my trial outcome... I immediately received messages from people saying ‘what are you thinking?
court, I would have been acquitted You are drawing attention to yourself. They will put you in jail. You are jeopardising everyone
three times over.” else too.’”
Mehmet Altan, addressing the Orhan Kemal Cengiz, human rights lawyer who represented Mehmet Altan currently facing
court on the day of his conviction, prosecution himself
16 February 2018
AMNESTY INTERNATIONAL 5
INTERNATIONAL STANDARDS
THE RIGHTS TO FREEDOM OF EXPRESSION, ASSOCIATION AND THE UN DECLARATION ON HUMAN RIGHTS DEFENDERS
ASSEMBLY
The UN Declaration on Human Rights Defenders clearly spells out
The right to freedom of expression protects the right of everyone the state’s ultimate responsibility for creating the conditions where
to seek, receive and impart information and ideas of all kinds. human rights defenders can carry out their legitimate work in a
Any restrictions on the exercise of the right to freedom of safe and enabling environment. The Declaration also stresses the
expression must be set out clearly, be accessible and importance of being able to freely scrutinize and criticize the state
formulated in law, only for certain specified legitimate when it violates human rights.
purposes, be demonstrably necessary and proportionate
and must not jeopardize the right itself. In line with the Declaration, Amnesty International considers
that anyone who defends or promotes human rights at whatever
The rights to freedom of peaceful assembly and association level, without resorting to or advocating hatred, discrimination
mean that everyone has the right to gather publicly or or violence, is a human rights defender. Defenders come from
privately and collectively, express, promote, pursue and all walks of life and the focus of their work ranges across the
defend common interests. spectrum of human rights, from protecting the environment, to
defending minorities, to promoting the rights to non-discrimination
To be lawful, any restrictions on this right must be necessary and of women and LGBTI people.
proportionate, meaning that there must be a pressing social need,
in order to protect a legitimate concern.
6 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEAR
ARBITRARY DETENTION
“The aim is to maintain the climate of fear. When you are in
police detention, you are very scared for your family. We are
all scared… It’s arbitrary, it’s not predictable, it cannot be
effectively challenged so there is impunity.”
Osman İşçi, General Secretary of the Human Rights Association, February 2018.
Human rights defenders, Anadolu Kültür, a cultural association that the details of the investigation against
promotes understanding across Turkey’s him are not known, impeding his lawyers’
and indeed anybody critical diverse communities. ability to prepare an effective defence.
of the government, fear, And in a pattern seen in other cases
with justification, that at any On 1 November, after 13 days in detention detailed in this briefing, a smear campaign
at the Istanbul Security Directorate has been mounted against him in the
moment they may be taken Headquarters, he was questioned for pro-government media using details
into police custody and 12.5 hours and referred to an Istanbul leaked from the investigation.
court, which remanded him in prison.
subsequently remanded The preliminary charges against him were According to publicly available information,
in pre-trial detention on “attempting to abolish, replace or prevent Osman Kavala was questioned about and
baseless charges. Many the implementation of the constitutional accused of having links with the alleged
order through use of force and violence” organizers of the failed coup attempt;
defenders have either been and “attempting, by use of force and these accusations were not substantiated
detained themselves or will violence, to abolish the government, or and there is no publicly available credible
prevent it from fulfilling its duties” (Articles evidence to support them. His questioning
know someone who has. 309 and 312 respectively of the Penal also focused on his alleged leadership role in,
Code). An indictment had still not been and financing of, the 2013 protests against
Osman Kavala, a prominent civil society issued at the time of writing. the demolition of Gezi Park in Istanbul. The
activist has been arbitrarily detained allegation that Osman Kavala organized or
since October 2017. Over the past three Osman Kavala was taken to Silivri High financed these very diverse protests is not
decades, Osman Kavala has provided Security Prison No. 9, where he remains credible. However, even if it were, organizing
support to many independent human awaiting trial. His lawyer’s objections to overwhelmingly peaceful protests is not a
rights organizations and helped establish his imprisonment have been rejected crime. In the absence of credible evidence
a number of civil society organizations, and an application for his release to of criminal wrongdoing, in compliance with
including the Helsinki Citizens’ Assembly the Constitutional Court, lodged on 29 international law and standards, Amnesty
(now the Citizens’ Assembly), an NGO December 2017, was pending at the time of International is calling for Osman Kavala’s
working to advance human rights, and writing. Owing to a secrecy order on his file, immediate and unconditional release.
AMNESTY INTERNATIONAL 7
SILENCING PEACEFUL OPPOSITION TO professional body of 83,000 physicians, Afrin; one of the retweets was the text of
THE MILITARY OFFENSIVE ON AFRIN some 80% of all doctors in Turkey. Article 20 of the International Covenant on
On 24 January 2018, the TTB issued Civil and Political Rights (ICCPR) which
Those who express dissenting opinions on a statement calling for an end to the prohibits propaganda for war.
issues of concern to Kurdish people have Turkish military operation in Afrin.
long been subjected to prosecution in On the morning of 30 January police “Being detained and deprived of your
Turkey. One of the latest examples of this raided the TTB headquarters and the liberty is punishment when all you have
is the detention and prosecution of those homes of TTB Chair Raşit Tükel and 10 done is express a peaceful opinion.”
critical of Turkey’s military operation in other members of the TTB Central Council.
Afrin, Northern Syria. They were accused of “making propaganda Ali Erol, speaking to Amnesty International,
for a terrorist organization” and “inciting February 2018
On 20 January 2018, Turkey began the public to hatred and enmity”’. All had
a military offensive in Afrin directed at been provisionally released by 5 February Ali Erol was released on 6 February. He is
the People’s Protection Units (YPG), while the investigation continues; they are subject to bail conditions and required to
an armed group linked to the banned required to report to a police station once report weekly to a police station. He remains
PKK. When individuals, including human a month. Amnesty International is calling under criminal investigation for “making
rights defenders and journalists, expressed for the criminal investigations against propaganda for a terrorist organization and
opposition to the military offensive, members of the TTB to be dropped. “inciting the people to hatred and enmity”.
senior members of the government and
the President responded by labelling The wave of detentions then spread to
them “lovers of terrorism”. Statements encompass those who had expressed ABRITRARY DETENTION
by officials were followed by anonymous support for the TTB’s position by
threats and intimidation, as well as sharing their views with the hashtag Article 9 of the International Covenant
criminal investigations and the detention #TTBninYanındayız (#WeStandWithTTB). on Civil and Political Rights (ICCPR)
of hundreds of people for social media prohibits arbitrary arrest, detention or
posts and other public statements critical For example, Ali Erol, a leading human imprisonment.
of the Turkish military operation. According rights activist and founding member of
to the Ministry of the Interior, by 26 the LGBTI rights organization KAOS- When considering whether or not a
February, 845 people had been detained GL, was detained on 1 February 2018 detention is arbitrary, the UN Working
for social media posts, 643 people were and held in police custody for five days. Group on Arbitrary Detention has
subject to judicial proceedings and During questioning at the Ankara Security adopted criteria including:
1,719 social media accounts were under Directorate Anti-Terrorism Branch,
investigation in connection with Afrin. Ali Erol was asked about a tweet and two Where there is no legal basis for
retweets: his tweet was a photo of an olive detention; this includes people held
One stark example of this intolerance of tree, shared with anti-war hashtags – a without charge or trial or despite
dissent was the treatment meted out to reference to “Operation olive branch”, a judicial order for their release or
the Turkish Medical Association (TTB), a the name of the military operation in kept in prison after the expiry of
their sentence.
Where there have been grave
violations of the detainee’s right
to fair trial, such as the right to
legal counsel.
Where the deprivation of liberty
results from the exercise of
rights or freedoms guaranteed in
international human rights law,
such as the rights to freedom of
expression or association.
Where the law under which the
person is detained is not in line with
international standards, for example
if it is vague, or excessively broad.
8 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEAR
Deniz Yücel, Turkey
correspondent for the
German newspaper Die Welt,
speaking shortly after his
sudden release in February
2018, the day after a meeting
between Turkish Prime
Minister Binali Yıldırım and
German Chancellor Angela
Merkel. A day earlier, an
Istanbul court had accepted
a three-page indictment in
which he was charged with
“inciting the public to hatred
and enmity” and two counts
of “making propaganda for
a terrorist organization” on
the grounds that his articles
had supported the aims of
two proscribed organizations.
The only evidence presented
was a few short extracts from
six articles he had written for
Die Welt between June and
December 2016, none of which
could be considered a crime
under international human
rights law and standards.
(© Müller-Stauffenberg\ullstein
bild via Getty Images)
“I still don’t know why I spent
a whole year in prison or why
I have just been released.
The only explanation that I
and thousands around the
world can see is that I was
held hostage and that neither
decision was judicial but
entirely political.”
Deniz Yücel
AMNESTY INTERNATIONAL 9
ABUSIVE PROSECUTIONS UNDER
ANTI-TERRORISM LAWS
The state of emergency
and the fact that Turkey
considers important rights
suspended, have paved
the way for excessive and
abusive use of certain laws
to detain and prosecute
human rights defenders
and other critical voices
in society.
In particular the vaguely worded anti-
terrorism laws are used to silence, harass
and intimidate dissenting voices in Turkey.
The definition of terrorism in Turkish law
is not in line with the proposed model
definition by the UN Special Rapporteur TANER KILIÇ AND THE ISTANBUL 10 to support the allegation. And in any case,
on Human Rights and Counter Terrorism. the presence of a messaging application
For example it does not limit acts defined On the morning of 6 June 2017, cannot be considered as evidence of a
as terrorism to lethal or serious physical Taner Kılıç, the then Chair of Amnesty “terrorist” offence.
violence against members of the general International Turkey, was arrested at his
population. Clarity of definition is crucial home in the western city of Izmir. Three Taner Kılıç remains in pre-trial detention at
because people need to be able to know days later, he was remanded in custody the time of writing, despite an initial ruling
what is and isn’t illegal, and because it on the baseless allegation that he was a on 31 January 2018 by the trial court that
leaves space open, as in cases against “member of the Fethullah Gülen Terrorist he be released from pre-trial detention.
human rights defenders or other critical Organization (FETÖ) and acted on its Shockingly, the same court overturned
actors, for politically motivated prosecutions. behalf”. The imprisonment of Taner Kılıç, its own ruling the next day, without any
a lifelong human rights defender, a refugee explanation or further justification, a volte-
Article 7/2 of the Anti-Terrorism Law rights lawyer and a prominent figure in face that raises serious questions of political
criminalizing speech deemed to be Turkey’s civil society, sent shock waves interference in the court’s decision making.
“making propaganda for an armed terrorist across the country and beyond. However,
organization” has been used extensively calls for his immediate release from within The group of human rights defenders
to target journalists, academics, political Turkey and abroad have been ignored. known as the Istanbul 10 were arrested
activists and others for their writings and on 5 July 2017 from a human rights
social media posts. For example, some The main accusation against Taner Kılıç is workshop on Büyükada, an island close
1,128 academics who signed a peace that he allegedly downloaded and used the to Istanbul.
appeal in January 2016 were investigated encrypted messaging app ByLock, which
under Article 7/2, with 265 prosecuted the authorities allege was used by the Gülen They included İdil Eser, Director of
as of 1 April 2018. While these laws movement. Following forensic examinations Amnesty International Turkey; co-ordinator
were used before in this way, the state of of his mobile phone and telephone records, of the Women’s Coalition İlknur Üstün,
emergency has led to an increase in the four independent experts have shown Turkey’s foremost International Criminal
number of people detained and the length that the allegation is baseless. The state has Court expert; dismissed academic Günal
of time they are detained for pending trial. not presented any credible evidence Kurşun; Özlem Dalkıran, founding member
10 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEARMURAT ÇELIKKAN on 20 June 2017 and no further appeal
is possible. On 14 August 2017, Murat
“My sentence was not postponed… Çelikkan presented himself at Kırklareli
because the court deemed that I ‘did Prison, where he remained until his
not show sufficient remorse’. I didn’t conditional release on 21 October 2017.
do anything wrong so why would I?
But I would not be honest if I said my
imprisonment did not affect me... It has. EREN KESKIN
I am not signing critical statements for
example. In today’s Turkey, even merely “Every time the woman who looks after
existing is a struggle.” my elderly mother calls me, I think she
is going to tell me that the police have
Murat Çelikkan, speaking to Amnesty arrived. I try to express my views freely
International, February 2018 but I am also acutely aware of thinking
twice before speaking or writing.”
Journalist and human rights defender
Murat Çelikkan has been involved in Eren Keskin, lawyer, prominent member of the
various human rights organizations, Human Rights Association and founder of the
including the Human Rights Association, Legal Aid Bureau against Sexual Harassment
of Amnesty International Turkey; Nejat Amnesty International Turkey and the and Rape in Detention, February 2018
Taştan, co-ordinator of the Equal Rights Citizens’ Assembly, since their inception.
Monitoring Association; Şeyhmus Özbekli, He is a founding member and co-director Eren Keskin is facing over 140 separate
a human rights lawyer; Nalan Erkem, a of the Truth Justice Memory Centre (Hafıza prosecutions for articles published when
lawyer and member of Citizens’ Assembly; Merkezi), established in 2011 to build she was symbolic editor-in-chief of Özgür
and Veli Acu from the Human Rights a comprehensive database of enforced Gündem. In one of the cases, she was
Agenda Association. Two workshop disappearances, and an advocate of a found guilty of “insulting the President” for
facilitators, IT strategy consultant Ali peaceful solution to the Kurdish question. a headline that appeared in the aftermath
Gharavi, a Swedish national, and non- In February 2018, he received the Civil of the bombing of a peace rally in Ankara
violence and wellbeing trainer, Peter Defender of the Year award from the on 10 October 2015 in which over 100
Steudtner, a German national were Stockholm-based organization Civil Rights people were killed. The article headline
also detained. Defenders, which aims to highlight the read: “Tens of thousands return to the
situation of defenders at risk. square where peace was massacred to
On 18 July, after almost two weeks shout: ‘Murderer Erdoğan’”. If convicted
in police detention, Nejat Taştan and Murat Çelikkan was among 100 journalists in all cases, she estimates the fines could
Şeyhmus Özbekli were conditionally and prominent individuals who participated total 800,000 Turkish Lira (approximately
released and the remaining eight in the solidarity campaign for the now €170,000).
defenders were remanded in prison closed Kurdish daily newspaper Özgür
pending trial, where they remained Gündem in 2016. Murat Çelikkan became
until their conditional release at the first its symbolic editor-in-chief for one day
hearing in their trial on 25 October 2017. on 24 May 2016 to protest against the
The case of the Istanbul 10 was fully judicial harassment of the newspaper’s
merged with the case of Taner Kılıç and journalists. Of those who took part in the
the next hearing in the case is scheduled solidarity campaign, 50 have been subject
for 21 June 2018. to criminal investigation and 38, including
Murat Çelikkan, have been prosecuted for
The targeting of İdil Eser and Taner Kılıç articles published in the paper on the days
is the first time in Amnesty International’s they were taking part in the campaign.
history that two of its leaders in a country They were charged under the Anti-
have been detained and prosecuted at Terrorism Law with “making propaganda
the same time. The state’s actions against for an armed terrorist organization” (Article
a well-known human rights organization 7/2) and “printing or publishing statements
with such seemingly politically motivated by terrorist organizations” (Article 6/2).
and baseless allegations intends to send a
clear message to human rights defenders On 6 June 2017, Murat Çelikkan was
in Turkey: criticism of rights violations will sentenced to 18 months’ imprisonment;
not be tolerated. the verdict was confirmed on appeal
AMNESTY INTERNATIONAL 11ORHAN KEMAL CENGIZ unfounded and that he is being targeted
for his human rights work as a lawyer
Orhan Kemal Cengiz, a human rights representing Zaman newspaper and the
lawyer and founder and former President Altan brothers.
of the Human Rights Agenda Association,
was detained in July 2016 and
subsequently charged with “attempting to DR ÖMER FARUK GERGERLIOĞLU
overthrow the constitutional order”, and
“attempting to overthrow the Parliament Dr Ömer Faruk Gergerlioğlu is the former
and the government or to prevent head the human rights organization
them from carrying out their work” Mazlum-Der and one of the victims of the
and “membership of an armed terrorist mass dismissals that have affected whole
organization”, charges punishable by swathes of the population. He worked
life imprisonment without the possibility as a physician in the western province
of parole. of Kocaeli until he was suspended by
the provincial Governor on 13 October
Before it was closed down, Zaman 2016 and then permanently dismissed
newspaper, which was linked to the by executive decree No, 679 a year later
Gülen movement, was taken over by state in October 2017. He is facing an ongoing
Eren Keskin is also one of nine defendants appointed trustees in March 2016. Orhan prosecution for “insult” for an open letter
in a separate Özgür Gündem ongoing Kemal Cengiz challenged the seizure of he wrote to Kocaeli Governor protesting at
prosecution on charges including the paper in the Constitutional Court. He his suspension.
terrorism-related offences which can also took the case of writer and former
carry a sentence of up to 24 years’ newspaper editor Ahmet Altan and his On 21 February 2018, in a separate
imprisonment. Appeals against two brother Mehmet Altan, an academic, to case, Dr Ömer Faruk Gergerlioğlu was
previous convictions, carrying a total of the European Court of Human Rights. convicted of “making propaganda for a
more than four years’ imprisonment, terrorist organization” and sentenced to
were pending before the Supreme When the indictment against Zaman 2.5 years in prison. The charges related to
Court of Appeals at the time of writing. writers and journalists was published 10 a news article he shared on Twitter on 20
months after his detention, Orhan Kemal August 2016; the article was published on
On 16 January 2018, in a separate Cengiz was shocked to see his name the internet-based news portal T24 and
prosecution, another five journalists listed at the end as a defendant, as there was entitled “PKK: if the state takes the
from the Özgür Gündem solidarity is not a single specific allegation about initiative, peace can be achieved within
campaign were given prison terms him in the 64-page court document, a month” and reproduced the PKK’s
totalling nine years and nine months, and he was not a writer for the paper. statement. A photograph accompanying
currently pending on appeal. Amnesty International believes that the the article depicted three men holding
charges against Orhan Kemal Cengiz are AK-47 rifles and was cited as “evidence”
that Dr Gergerlioğlu was “making the
PKK’s propaganda by displaying the armed
members of the terrorist organization in a
way that is complimentary and enticing”.
The court decision states that Dr
Gergerlioğlu is the author of the article,
which is not the case. To date, the news
site T24 has not been prosecuted for the
article that Dr Gergerlioğlu’s shared.
Orhan Kemal Cengiz
(© Private)
Dr Ömer Faruk Gergerlioğlu
(© cihan)
12 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEAREMERGENCY RULE USED TO SHUT DOWN
NON-GOVERNMENTAL ORGANIZATIONS
‘They are shouting and screaming. reasoning was given. Their offices were VAKAD was closed down under executive
We closed 370 associations. Why? sealed by order of the Governor of Ankara. decree on 22 November 2016, five days
They will sit there, aiding terrorist Nine days later, before Gündem Çocuk’s after its activities were suspended by
organizations and we will see them lawyers could effectively challenge the the Van governorate, in eastern Turkey.
as legitimate? We slapped the lock on suspension, it was permanently closed VAKAD’s advice centre provided services
their door, it’s done. Let’s see if you can down under an executive decree. to around 300 women every year, worked
reopen them’. in schools to raise children’s awareness
The association challenged their closure of sexual abuse and provided training in
Minister of the Interior Süleyman Soylu, in an administrative court, but this was leadership and financial literacy for women.
14 November 2016 rejected as outside the court’s mandate
under the state of emergency. At the At the time of VAKAD’S closure, its
Over 1,300 NGOs have been permanently time of writing, an appeal was before the leadership was about to sign a contract
closed down by executive decree under special commission established to examine with the European Union on a three-year
the state of emergency for unspecified appeals by those dismissed from public project on preventing violence against
links to “terrorist” organizations. The service and organizations closed down women to work with up to 8,000 women
organizations that have been closed down under the state of emergency. in 92 villages, focusing on hard-to-reach
have been unable to effectively challenge communities.
the decisions in administrative courts. Gündem Çocuk was one of a number of
Without their legal association status, it is human rights organizations that joined All these activities, as well as a language
very difficult for them to operate and carry a delegation to the southeastern town project VAKAD was carrying out with the
out their vital work. of Cizre in March 2016. The aim of UN High Commissioner for Refugees,
the delegation was to document and ceased with the closure of the organization.
Among those targeted are Turkey’s leading report rights violations in the context of Today, no one is doing this vital, life-saving
child rights NGO, Gündem Çocuk; 11 the round-the-clock indefinite curfew work in the region.
women’s rights organizations; lawyers’ imposed on the town between 14
organizations such as the Contemporary December 2015 and 2 March 2016
Lawyers’ Association (ÇHD) and Lawyers during clashes between the Turkish
for Freedom Association (ÖHD); and armed forces and the PKK. Those active Zozan Özgökçe (© Private)
organizations providing humanitarian in the association believe it was Gündem
support to displaced people and refugees. Çocuk’s involvement in the publication
of the report on the visit to Cizre that is
behind the decision to close it down, but
GÜNDEM ÇOCUK ASSOCIATION no specific reason was given officially.
Gündem Çocuk was established in
2005 and bases its work on the UN THE VAN WOMEN’S ASSOCIATION (VAKAD)
Convention on the Rights of the Child.
It published reports on a wide range of “There is now a huge gap in the
rights violations and provided legal support provision of advice and support to
and representation in sexual abuse and survivors. It really breaks my heart.
child death cases. We set up this legal, independent
organization, and none of us has any
It was among 370 NGOs whose activities kind of link to any armed groups of
were suspended for three months on any kind.”
11 November 2016 under the State of
Emergency Law on grounds of “general Zozan Özgökçe, founding member and
security and public order”; no individual spokesperson for VAKAD
AMNESTY INTERNATIONAL 13THREATS, SMEARS AND INTIMIDATION
TO SILENCE DISSENT
While not a new phenomenon, of emergency for human rights defenders “At the time of my detention, I was heavily
and activists who are critical, or perceived targeted in pro-government media with
the vilification of human to be critical, of the government. The very negative and inflammatory articles...
rights defenders to intimidate active targeting of activists online is often a But I am a journalist. I am guided by the
them and undermine their precursor to their detention and prosecution. ethics and principles of journalism,
and I will continue to do my job.”
work has intensified under “Today most LGBTI+ people in Turkey
the state of emergency. are living in more fear than ever before. Sibel Hürtaş, journalist briefly detained for her
With the overall crackdown on freedom broadcasts about military operation in Afrin,
There are many examples of high-profile of expression, LGBTI+ people feel that March 2018
government representatives publicly (and the spaces for them to be themselves are
falsely) accusing defenders of, among other drastically shrinking… they see no hope, Following the publication of their
things, being “terrorists”, “defenders of the no future.” statement opposing the military attack
coup”, “unpatriotic”, “foreign agents”, “fifth on Afrin, the Ankara head office of
columnists”, “spies”, “enemies of the state” A woman LGBTI+ rights activist, March 2018 the Turkish Medical Association (TTB)
or of opposing national or moral values. received a large number of threats of
LGBTI organizations have reported a sharp violence by email and phone, as well as
These words have impact in Turkey: increase in campaigns of intimidation on social media. Individual members of
not only do they label people for life, and harassment targeting individuals or TTB’s executive committee were targeted
they incite violence against human rights planned events. For example, in January on social media, threatened with physical
defenders, putting them at greater risk of 2018 an event focusing on sexual health in violence and called “traitors”. President
attack – including physical assault and Samsun, northern Turkey, was cancelled Recep Tayyip Erdoğan also attacked
killings – by pro-government groups or other by the organizers following a campaign the TTB during a speech on 26 January
non-state actors. of homophobic attacks on social media. 2018, calling them the “so-called Turkish
Municipalities run by the main opposition Medical Association, the terrorist lovers”.
“I have had to leave the city where I had Republican Peoples Party (CHP) are
spent several decades working both as reported to shy away from organizing events
doctor and a human rights defender. or taking public positions on LGBTI rights for
My family was uprooted, my child had to fear of the attacks.
leave his school… I was socially excluded
from the mosque committee and from the
board of governors at my son’s school…
I have had insults and serious threats on
social media... 17 months on, my criminal
complaints about the threats, insults…
have still not been investigated. Despite
all this, I know that my message for peace
and justice is the right one. I will not stop
speaking out.”
Dr Ömer Faruk Gergerlioğlu, the former head
the human rights organization Mazlum-Der
speaking to Amnesty International, March 2018
The use of social media to silence critical
voices through threats and intimidation is
a constant feature of life under the state
14 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEARDEFENDING HUMAN RIGHTS IN THE
SOUTHEAST OF TURKEY
Speaking out for the human rights defenders, journalists and “I believe that people from all
activists in the southeast. The following backgrounds and political persuasions
human rights of Kurdish months saw round-the-clock curfews, coming to the courthouse on the day
people has always been intense fighting in densely populated of my appearance played a role in my
a perilous enterprise urban areas which, according to the UN release from police custody. It showed
High Commissioner for Human Rights, I am not alone.”
in Turkey. claimed around 2,000 lives, including
Over the past three decades armed 800 security personnel, and mass Human rights defender and journalist
clashes between state forces and the displacements of people living in towns Nurcan Baysal speaking to Amnesty
PKK have claimed countless lives and such as Sur, Cizre and Nusaybin. International in February 2018
resulted in the displacement of hundreds
of thousands of people. In 2013, the Today, under the state of emergency and Nurcan Baysal was detained on 22 January
announcement of a ceasefire and the in light of the severe crackdown on civil 2018. She was released on 24 January after
subsequent peace process gave hope society in general, the few remaining being questioned about five tweets criticizing
to millions in the region and across the independent voices advocating for human the military operation in Afrin. She was later
country. The collapse of this fragile rights in the region live with an even more charged with “incitement of the public to
process in the summer of 2015 marked a severe, ever-present threat of detention hatred and enmity” for the tweets. The first
return to a period of intense difficulties for and prosecution. hearing in the case is set for 17 May 2018.
AMNESTY INTERNATIONAL 15JINHA, which is exclusively run by
women, was established to focus
specifically on news relating to women
and to make their voices heard. It was
closed in October 2016 by state of
emergency decree. Şûjin, a new
women-only news agency set up in
its place, was also closed down by
emergency decree in August 2017.
Undeterred, the women established
Jin News, which continues to
provide news from a Kurdish
women’s perspective.
Raci Bilici, Deputy Chair of the Human Zehra Doğan, artist and editor of the
Rights Association and Chair of its Women’s News Agency (JINHA), is
Diyarbakır branch, was suspended serving a prison sentence of two years,
from his post as a mathematics teacher nine months and 22 days for “making
in a secondary school in September propaganda for a terrorist organization”. Raci Bilici (© Private)
2016; his wife, also a teacher, was also The charge relates to her journalism
suspended. Following his suspension, and her painting of the aftermath of
he was targeted in the pro-government a military operation in the town of
Zehra Doğan (© Refik Tekin)
Akit newspaper and began to receive Nusaybin, Mardin province.
death threats by phone. In February
2017, he decided to resign from his
teaching post for his and his
family’s safety.
He has been charged with “membership
of a terrorist organization” for alleged
activities on behalf of the Democratic
Society Congress (DTK), one of
the organizations that had been in
communication with the state authorities
during the peace process. If convicted,
he could face up to 15 years in prison.
The third hearing in the trial will take
place in July 2018.
“I have now received a letter from the
authorities in which they say my phone
had been tapped for two years. A court
authorized the wiretap every month,
each time stating they had not found
anything! I and the other leaders [of
the Human Rights Association] are
being prosecuted so that the public
stops taking us seriously.”
Raci Bilici, speaking to Amnesty
International in February 2018
16 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEARThe killing on 28
November 2015 of Tahir
Elçi, a prominent human
rights defender and
President of Diyarbakır
Bar Association, brings
into sharp focus the
dangers faced by human
rights defenders in
the region. Two and
a half years later, an
investigation into his
fatal shooting continues
without significant
progress.
For the last 30 years,
Elçi was a leading
human rights lawyer and
outspoken advocate for
peace, human rights and
justice in Turkey.
(© Berk Ozkan/Anadolu
Agency/Getty Images)
AMNESTY INTERNATIONAL 17UNFAIR RESTRICTIONS TO THE
RIGHT TO FREEDOM OF ASSEMBLY
Over the last five years, On 18 November, the Ankara Governorate order”. The organizers faced further bans
used the State of Emergency Law to and restrictions when they proposed
unfair restrictions on the announce an indefinite ban on all public alternative dates and venues.
right to freedom of assembly events by LGBTI organizations in the
and the use of excessive city, citing “social sensitivities”, “public The current clampdown on the activities
safety”, “safeguarding general health and of LGBTI organizations marks a stark
force to repress protests morals” and “safeguarding the rights and departure from recent years which saw
have become routine. freedoms of others. increasing participation in Istanbul Pride
events, with tens of thousands attending
The state of emergency and the repeated A further ban was imposed on Pink Life’s the last Pride March in June 2014. The
use of blanket bans on public gatherings short film projections in Istanbul on 24 blanket bans on activities threaten the
in several cities have severely restricted November 2017. The reasons given for very existence of these organizations
the ability of organizations to hold the ban by the governorship of the central and reverse these recent progressive
peaceful public assemblies. For example, Beyoğlu district, Istanbul, were the lack steps to counter prevailing homophobia
in Diyarbakır, the ban on all public of notification, “general morals” and and transphobia.
demonstrations imposed in August 2016 “a clear and present danger to public
remains in place.
BANS ON LGBTI EVENTS
“In Izmir in Istanbul and Ankara we can
still meet each other but it is getting
very hard. We used to have about
30 associations around the country,
most of them are now closed and not
functioning.”
Woman LGBTI activist and organizer of
Istanbul Pride
In the last three years, several Pride
events have been banned in Istanbul
and Ankara.
On 15 November 2017, the Ankara
governorate used state of emergency
powers to ban the German LGBTI Film
Festival scheduled for 16-17 November
because “due to social sensitivities, certain
sections of society could be provoked
to react against groups and individuals
participating in the events”. The organizers
believe the ban was issued in response
to a threatening and extremely abusive
homophobic social media campaign
initiated by the Humanitarian Help
Foundation (IHH).
18 WEATHERING THE STORM
DEFENDING HUMAN RIGHTS IN TURKEY’S CLIMATE OF FEARCONCLUSION
The human rights landscape The impact of the repression of By shutting down dissent and targeting
civil society, including human rights civil society in the ways described here,
during the 21 months of defenders, is immense and it is deliberate. Turkey is flouting its obligations under
the state of emergency in Once vibrant and expanding LGBTI international human rights law.
Turkey is a desolate one organizations feel they are being pushed
underground once again. Speaking and Turkish civil society need to know they
characterized by mass writing to express dissenting opinions are not alone in their struggle for survival,
detentions, prosecutions, are now dangerous activities. And when that governments around the world value
human rights defenders are targeted, their crucial work and that they will be
intimidation and the silencing imprisoned, gagged and silenced, those protected against unjust prosecutions,
of independent civil society. who are at greatest risk of human rights detention and attacks.
Those who continue to violations – such as LGBTI people,
women survivors of violence, children and
speak out and stand up for refugees and migrants – are deprived of
human rights are paying a those who support them in their struggle
to defend their rights.
heavy price.
Demonstrators march
along the main shopping
and pedestrian street of
İstiklal, Istanbul during
an International Women’s
Day rally on 8 March,
2018. (© Chris
McGrath/Getty Images)
Demonstrators running
away from tear gas at the
Pride March on June 25,
2017 in Istanbul. The
2017 Pride March was
banned by authorities
for the third successive
year. Organisers defied
the order and people
attempted to march to
Taksim Square but were
met by a heavy police
presence. Peacefully
assembled crowds
were dispersed by
police with tear gas and
rubber bullets. Dozens
were arrested. (© Chris
McGrath/Getty Images)
AMNESTY INTERNATIONAL 19RECOMMENDATIONS
TO THE TURKISH AUTHORITIES: TO THE INTERNATIONAL COMMUNITY:
Immediately and unconditionally release Taner Kılıç and Regarding the EU and its member states: Ensure that all
other human rights defenders and civil society actors held political dialogues and bilateral discussions are used to raise
under anti-terrorism laws and without credible evidence of concern regarding the crackdown on civil society; ensure that
any criminal wrongdoing. these discussions and human rights clauses where applicable
are enforced when developing bilateral relations with Turkey,
Refrain from prosecuting human rights defenders and other including the upgrading of the EU-Turkey Customs Union;
civil society actors for their legitimate human rights work. ensure that the Instrument for Pre-Accession funding (IPA)
does not contribute to human rights violations, including by
Ensure threats and intimidation of human rights defenders suspending projects managed by the Turkish Ministry of Justice.
and other civil society actors are investigated and those
responsible are brought to justice in line with international Regarding the Council of Europe: Ensure that the Committee
law and standards. of Ministers uses all tools at its disposal including urgent
debates as well as ensuring the execution of judgments of
Refrain from using language that vilifies and discriminates the ECtHR to address the crackdown on civil society.
against human rights defenders and other civil society actors. The enhanced monitoring adopted by Parliamentary
Assembly of the Council of Europe in April 2017 should
Publicly acknowledge the work of human rights defenders be implemented in practice, with frequent visits and reports.
and other actors in civil society and recognize the legitimacy The Secretary General should raise these concerns forcefully
of their work. though high level political dialogue.
Lift the current state of emergency and repeal executive Regarding the United Nations Human Rights Mandate
decrees that go beyond legitimate measures to combat threats Holders: Continue and expand monitoring including visits to
to national security. Turkey, reporting, and communications regarding the situation
in Turkey, in particular regarding the state of emergency and
Ensure that human rights organizations arbitrarily closed civil society.
down under the state of emergency are reopened and their
confiscated assets restored. Regarding States on the Human Rights Council: Continue
and expand action, including collective action, under the
agenda of the Human Rights Council, in particular Items Three
(Promotion and Protection of all Human Rights) and Four
(Human Rights Situations that Require the Council’s Attention).
Regarding individual states: raise individual cases as well
as the broader concerns outlined in this briefing clearly and
forcefully in their bilateral relations with Turkey.
Riot police block protesters demonstrating
in support of two hunger-strikers who
were taken into custody in May, in Ankara
Amnesty International is a Our vision is for every We are independent of on June 8, 2017. On May 24, 2017 a
global movement of more person to enjoy all the rights any government, political Turkish court has placed under arrest
on terror charges an academic Nuriye
than 7 million people who enshrined in the Universal ideology, economic interest Gulmen and a teacher Semih Ozakca
campaign for a world Declaration of Human Rights or religion and are funded who have been on a long hunger strike to
protest against their dismissal in a purge
where human rights and other international mainly by our membership after last year’s failed coup, reports said.
are enjoyed by all. human rights standards. and public donations. (© ADEM ALTAN/AFP/Getty Images)
AMNESTY INTERNATIONAL e: contactus@amnesty.org Peter Benenson House, 1 Easton
INTERNATIONAL SECRETARIAT t: +44-20-74135500 Street, London, WC1X 0DW,
f: +44-20-79561157 United Kingdom
www.amnesty.org Index: EUR 44/8200/2018, English, April 2018You can also read
