On the night of July 15, 2016, certain factions within the Turkish Armed Forces launched an attempted coup against President Recep Tayyip Erdoğan’s government. The government swiftly accused the Gülen Movement of orchestrating the coup attempt, initiating an expansive and long lasting campaign of repression home and abroad.
Emergency Rule and the Expansion of Executive Power
In response to the failed coup, Turkey declared a State of Emergency (OHAL) on July 20, 2016, which remained in effect until July 2018. Under OHAL, the executive enjoyed extensive powers, including the authority to issue presidential decrees with the force of law which allowed it to avoid Parliamentary scrutiny. They also enabled the government to restructure state institutions at will, suspend constitutional rights, and carry out mass dismissals and arrests.
Over 127,000 public servants have so far been dismissed, often arbitrarily and with no right to appeal. Among them were 4,006 judges and prosecutors, many of whom were arrested while tanks were still on the streets and there was no way of knowing who was actually behind the coup attempt. Although the formal state of emergency ended in 2018, many emergency measures have since been incorporated into the law, effectively making a legal exception the norm. Those purged with decree laws have been subjected to at least thirty types of discrimination for the past nine years.
Scope of Detentions, Prosecutions, and Investigations
As of July 2025—nine years after the failed coup—official statistics reveal the scale of the government’s legal offensive:
- 390,354 individuals have been detained in connection with their alleged Gülen Movement affiliation.
- 113,837 were held in pretrial detention.
- 118,814 have been subjected to judicial control measures, including travel bans and electronic monitoring.
- 126,796 individuals have been convicted under Article 314 of the Turkish Penal Code (membership in a terrorist organization).
- 24,000 people are still being tried by courts.
- 58,000 are still under formal investigation.
- 31,847 individuals are currently the subject of outstanding arrest warrants.
- In Ankara alone, prosecutors have issued 34,896 indictments, and Istanbul courts have detained approximately 13,000 suspects.
On the other hand, more than 1,700 lawyers were detained with at least 553 of them eventually convicted of terrorism-related offenses and received a total of over 3,350 years of prison sentences. These prosecutions often rest on the same controversial evidentiary standards applied to other accused individuals, such as association with their clients or undertaking professional work involving Gülen-affiliated individuals.
Legal Irregularities and Human Rights Concerns
Turkey’s Criminal Procedure Code authorises pretrial detention based on “reasonable suspicion” of crimes. However, the post-coup legal environment has been widely criticised for undermining due process.
Many defendants have remained in pretrial detention for years before trial. Where courts decline to order detention, judicial control measures—including house arrest, electronic monitoring, and indefinite travel bans—are often imposed. Allegations of confessions obtained under coercion and torture, reliance on anonymous witnesses, and convictions based on digital tools (such as the use of the ByLock messaging app) are well-documented.
The simultaneous suspension, arrest, or removal of thousands of judges and prosecutors further casts doubt on the independence and impartiality of Turkey’s judiciary. These measures have contributed to a perception that the judiciary has been subordinated to executive influence.
International Renditions and Extradition Attempts
Turkey has pursued a vast transnational campaign to secure the return of alleged Gülenists. It has submitted 3,579 INTERPOL Red Notice requests, all of which were rejected due to concerns over political motivation.
Additionally, 2,364 extradition requests have been sent to 118 countries, but only 131 individuals have been returned to Turkey. Notably, only three returns were carried out through formal extradition procedures, while the remaining 128 were informal or forced renditions, raising serious concerns under international human rights and extradition law, including the prohibition on arbitrary transfer and the non-refoulement principle.
Findings of International Courts and Human Rights Mechanisms
The European Court of Human Rights (ECHR) has so far issued 3,386 rulings finding that Turkey violated Article 5 of the European Convention on Human Rights (right to liberty and security) in its pretrial detention practices of the post-2016 era.
In the landmark case of Yalçınkaya v. Turkey, the Court held that the conviction of an individual based solely on their alleged use of the ByLock app constituted a violation of Article 7 (no punishment without law). The ruling noted that the law lacked sufficient clarity and foreseeability, rendering the conviction unlawful. This precedent is particularly significant, as ByLock usage was used as primary evidence in more than 96,000 prosecutions.
UN human rights bodies have also reached similar conclusions. In Mukadder Alakuş v. Turkey, the UN Human Rights Committee ruled that a conviction based solely on ByLock usage violated Article 7 of the International Covenant on Civil and Political Rights (ICCPR).
The UN Working Group on Arbitrary Detention has issued numerous opinions stating that detentions of Gülen-affiliated individuals were arbitrary and politically motivated. In several instances, the Working Group warned that the widespread and systematic deprivation of liberty may meet the threshold of crimes against humanity under international law.
Conclusion
Nearly a decade after the failed coup, Turkey continues to carry out one of the largest mass purges and legal crackdowns in modern history. The prosecution of more than 126,000 people, the ongoing investigations into 58,000 others, and the imprisonment of over 553 lawyers for a combined 3,350 years demonstrate a system in which the rule of law is subordinated to broad, politically charged counterterrorism policies.
While the state has a legitimate interest in protecting democratic order and national security, the extraordinary scale, duration, and legal ambiguity of these measures have deeply eroded public trust in Turkey’s judicial institutions. The disregard for international legal norms, including due process, judicial independence, proportionality, and legal certainty, raises urgent questions about the country’s commitment to democracy, accountability, and human rights.
Restoring judicial transparency, repealing vague and overbroad terrorism laws, and aligning legal procedures with international standards will be essential steps for Turkey’s long-term democratic resilience and international legitimacy.
Author: Ali Yildiz, Turkish lawyer.
Sources of data: State Run Anadolu Agency, and Minister of Justice https://www.aa.com.tr/tr/info/infografik/46987
https://www.aa.com.tr/tr/15-temmuz-darbe-girisimi/fetonun-15-temmuzdaki-darbe-girisiminden-bu-yana-113-bin-837-zanli-tutuklandi/3630249
https://basin.adalet.gov.tr/adalet-bakani-yilmaz-tunc-fetonun-darbe-girisiminin-9-yilinda-15-temmuz-u-degerlendirdi
Categories: Turkey Human Rights Blog