In a stark assessment, the United Nations Human Rights Committee published its latest findings following the second periodic review of Türkiye’s adherence to the International Covenant on Civil and Political Rights (ICCPR). This review, held at the 142nd session, laid bare a mix of progressive steps and severe lapses, particularly emphasizing the deterioration in judicial independence and the suppression of civil liberties.
Core Findings and Urgent Recommendations
Erosion of Judicial Independence
The Committee raised deep concerns over the constitutional amendments of April 2017, enacted during a state of emergency, which augmented executive power at the expense of judiciary and parliamentary oversight. The Committee called on Türkiye to overhaul its legal structures, ensuring true judicial accountability and eliminating executive overreach.
The State party should consider revising its legislation to ensure accountability and to strictly adhere to the principle of separation of powers, in particular regarding the judiciary. It should also safeguard, in law and in practice, the full independence and impartiality of the judiciary. (§10 of the Concluding Observations)
Misuse of Counter-Terrorism Laws
The expansive and ambiguous definitions embedded in Anti-Terror Law No. 3713 have become tools for silencing dissent. Despite recent amendments, the Committee found these changes inadequate and stressed the need for further revisions to prevent arbitrary detentions and the persecution of political opponents, journalists, and human rights defenders.
The State party should bring its counter-terrorism legislation, including Law No. 3713, Law No. 7262 and the relevant articles of the Criminal Code, into full compliance with the Covenant and the principles of legality and certainty, in particular by clarifying and narrowing the broad definitions of terrorism-related offences and ensuring that these laws are not misused to target civil society organizations. The State party should also ensure that persons suspected of, or charged with terrorist acts or related crimes are provided, in law and in practice with all appropriate legal safeguards, in accordance with the Covenant. (§18 of the Concluding Observations)
Independence of the judiciary, lawyers and bar associations
The Committee found that, despite the provisions of Article 138 of the Constitution and Article 4 of Law No. 2802 on the independence of the judiciary, the executive branch’s control over the judiciary had increased dramatically. It also noted that the Council of Judges and Prosecutors of Türkiye lacked independence from the executive and legislative branches.
The Committee is concerned that amendments to the Law on Bar Associations in 2020 create the risk of politicizing the legal profession and silencing bar associations that criticize the state of the rule of law and human rights. The Committee is also concerned about the very high number of lawyers who have been investigated, detained or remanded in custody, particularly during the state of emergency, on suspicion of “belonging to an armed terrorist organization” under Article 314(2) of the Penal Code, solely for exercising their legal profession.
The State party should take immediate measures in law and in practice, to ensure the full independence and impartiality of the judiciary and the functional autonomy of the prosecution service, and guarantee they are free to operate without any type of undue pressure or interference by the legislative and executive branches. In particular, it should: (a) Take all measures necessary to ensure the full independence of the Council for Judges and Prosecutors of Türkiye from the executive authority, including by ensuring that not less than half the members of the Council should be judges and prosecutors chosen by their peers from all levels of the judiciary and with respect for pluralism inside the judiciary; (b) Take into account the Covenant and the 1990 Basic Principles on the Role of Lawyers and revise its regulations and practices regarding the monitoring of lawyers’ work with a view to ensuring the full independence of associations of lawyers and their effective protection against any form of undue interference or retaliation in connection with their professional activity, including arbitrary detention, prosecution and imprisonment; (c) Refrain from resorting to unjustified counter-terrorism accusations to hamper the work of lawyers and their associations. (§40 of the Concluding Observations)
Torture Allegations in Custody and Prisons The report highlights that torture and ill-treatment remain pervasive in police custody and prisons across Türkiye. Despite official pledges to uphold human rights, weak monitoring and ineffective complaint mechanisms have contributed to what the committee calls a “state of de facto impunity.” The UN recommends that Türkiye conduct independent investigations into all allegations, prosecute offenders, impose proportionate penalties, and ensure victims receive full redress. Additionally, it calls for enhanced training for law enforcement and judicial officials to prevent future violations and guarantees for detainees to access secure complaint processes without fear of reprisal.
Enforced Disappearances: A Legacy and a Current Concern The report uncovers numerous cases of enforced disappearances, especially in the southeast and in regions of Northern Syria. Notably, legal provisions grant agents of the National Intelligence Agency immunity from prosecution, complicating accountability efforts. The Committee insists that Türkiye investigate all such cases without delay, inform victims’ families, and prosecute those responsible. It recommends abolishing immunity clauses for intelligence agents and encourages Türkiye to join the International Convention for the Protection of All Persons from Enforced Disappearance.
Transnational Repression: Abductions and Forced Transfers Findings also show that more than a hundred individuals linked to the Gülen movement, opposition figures, and critical journalists have reportedly been abducted from abroad and forcibly transferred to Türkiye without judicial processes. The misuse of Interpol Red Notices to target such individuals adds to concerns about politically motivated extraditions. The Committee calls for an end to these practices, urging Türkiye to ensure that extradition processes are transparent, adhere to due process, and are free from political influence.
Freedom of Association Under Pressure During the state of emergency following the 2016 coup attempt, over 1,700 associations and foundations, including trade unions and human rights organizations, were permanently closed under vague and broad criteria. Many of these organizations remain shut despite provisions allowing for the reopening of such entities. The Committee has called on Türkiye to align its laws and practices with international standards, ensuring that restrictions on associations meet the strict requirements of necessity and proportionality. It urged the government to foster an environment where civil society can function without fear of reprisal, arbitrary closure, or administrative hurdles.
Crackdowns on Peaceful Assembly The report notes that although the right to peaceful assembly is enshrined in the constitution, legislative measures have been used to restrict assemblies on broad and ambiguous grounds. Peaceful gatherings, including LGBTQ+ events, vigils by the Saturday Mothers, and International Women’s Day marches, have faced bans and disruptions. The Committee highlighted excessive use of force by authorities and arbitrary arrests of protest participants, such as during the Gezi Park protests. The UN urges Türkiye to facilitate peaceful assemblies, investigate reports of excessive force and arbitrary arrests, and bring violators to justice.
Freedom of Expression Under Threat Türkiye’s legal framework continues to curb freedom of speech, particularly through the use of criminal provisions such as articles on insulting the president and anti-terror laws. The report points to the widespread detention and prosecution of journalists, human rights defenders, academics, and opposition figures for expressing dissenting views. The UN calls for a revision of these laws to prevent their use as tools for suppressing critical opinions. It emphasizes the need for decriminalizing defamation and ensuring that any restrictions on speech meet international human rights standards.
Media Freedom in Decline The Committee flagged extensive restrictions on media operations, including the closure of numerous media outlets after the 2016 coup attempt. Despite a ruling by the Constitutional Court against provisions allowing for such closures, most affected outlets remain shut, and the process to restore their operations is inadequate. The widespread cancellation of press credentials, including those of international reporters and those critical of the government, has further strained media freedom. The UN advises Türkiye to create a transparent and independent process for reviewing media closures and to ensure that journalists can work without undue interference or fear of retribution.
During the review process, the Arrested Lawyers Initiative made two submissions, one with the International Bar Association’s Human Rights Institute and one alone, providing critical information to the Committee. The Arrested Lawyers Initiative also assisted other NGOs with their own submissions.
TALI makes two submissions to the UN Human Rights Committee
Categories: International Advocacy, Turkey Human Rights Blog