Prominent Italian human rights NGO, the Italian Federation for Human Rights (FIDU) has submitted a third-party intervention in the case of Nazım Altıntaş v. Türkiye (Application no. 12052/20) before the European Court of Human Rights (ECtHR).
Core Legal Focus: Article 314 of the Turkish Penal Code
FIDU’s submission critically examines the application of Article 314, Türkiye’s primary anti-terrorism law. The organization questions its compliance with European legal standards, particularly in terms of clarity and predictability. FIDU points out the vague and overly broad interpretation of this provision, which has been used to criminalize actions that were legal at the time they occurred.
Scrutiny of Türkiye’s Proscription of the Gülen Movement (GM)
Another major point of the intervention is Türkiye’s proscription of the Gülen Movement (referred to as ‘FETÖ/PDY’ by the Turkish government). Initially recognized as legitimate, GM’s activities were retroactively criminalized after the failed coup in 2016. FIDU emphasizes that no other ECHR state has proscribed GM, raising concerns over the legality of prosecuting individuals for prior lawful actions.
Precedent and Key ECtHR Rulings
The intervention references significant ECtHR judgments, such as Yüksel Yalçınkaya v. Türkiye and Demirtas v. Türkiye, which criticized the arbitrary application of Article 314 by Turkish courts. Many convictions, FIDU argues, rely on tenuous evidence, such as the use of the Bylock messaging app or accounts at Bank Asya, without establishing clear criminal intent.
Concerns About Freedom of Expression
FIDU also highlights the chilling effect on freedom of expression, protected under Article 10 of the ECHR. The applicant’s conviction, partly based on social media activity and newspaper subscriptions, is cited as a breach of free speech. Similar arguments were made in the case of Yasin Özdemir v. Türkiye, where such charges were deemed unlawful.
Ongoing Challenges Regarding Article 314
This is not FIDU’s first challenge to Türkiye’s use of Article 314. In 2021, the organization intervened in the Saglam v. Türkiye case (Application no. 14894/20), criticizing the unpredictable and abusive application of the anti-terror law, particularly regarding the peaceful use of encrypted messaging platforms like Bylock. That case remains pending before the Court.
Collaboration with The Arrested Lawyers Initiative
FIDU’s submissions, both in this case and in 2021, were prepared in close partnership with The Arrested Lawyers Initiative, whose expertise has been vital in exposing legal uncertainties and misuse of anti-terrorism laws in Türkiye.
About FIDU
The Italian Federation for Human Rights (FIDU) – Italian Helsinki Committee, is a non-profit organization headquartered in Rome, committed to promoting human rights and civic engagement at the national and international levels. FIDU’s work aligns with EU and international human rights standards, as well as the Italian Constitution. Through partnerships with global networks, FIDU continues to advocate for human rights, justice, and social solidarity. FIDU,
Conclusion
FIDU’s intervention underscores the problematic application of vague laws to retroactively criminalize lawful activities in Türkiye. The organization urges the ECtHR to assess whether Article 314’s use respects the ECHR’s principles of legal certainty. Additionally, FIDU stresses the critical importance of protecting freedom of expression and association in democratic societies.
This submission reaffirms FIDU’s steadfast commitment to defending human rights and upholding the rule of law, especially in contexts where legal standards are at risk of being eroded.
Categories: Factsheets and Submissions, International Advocacy, Turkey Human Rights Blog