NewsUN experts urged Türkiye to stop criminalizing members of human rights groups and lawyers in a press release on Tuesday, criticizing misuse of an anti-terrorism law.
The special rapporteurs cited seven incidents in the last year where members or lawyers of the Human Rights Association (İHD) were investigated, arrested or jailed through the law. They highlighted instances of activists being assaulted by police or arrested for protesting with teacher’s unions, advocating for procedural fairness, or documenting state abuses towards incarcerated clients. The experts stated that the law is being used to “restrict the rights to freedom of expression, opinion, peaceful assembly, and justify arbitrary detention.”
A 2024 UN mandate suggested that Türkiye’s anti-terrorism framework created a “chilling effect,” undermining independent legal advocacy and the rule of law. This occurs when lawyers self-censor their arguments out of fear of legal repercussions or harassment, leading to the erosion of human rights, due process and access to justice. States have an active duty to guarantee the safety of lawyers or other judicial actors (like judges) and ensure freedom from intimidation or retaliation.
The UN first sent a mandate letter to the Turkish Government in 2020 to address concerns over the anti-terrorism law, such as judicial independence and the arbitrary detention of human right defenders. Türkiye responded that the laws were put in place to preserve judicial independence and uphold the rule of law. It further claimed that the law protects against threats from the Fethullah Terrorist Organization (FETÖ) amongst others, following an attempted coup in 2016. Since the coup, FETÖ has allegedly employed multiple strategies to infiltrate the government. The government states that FETÖ’s strategy is to present itself as “victim of human rights violations,” to hide their crimes and to gain the sympathy of the international community.
The UN is in talks with the Turkish government to address its concerns, despite Türkiye stating that the European Court of Human Rights (ECtHR) has dismissed complaints against Türkiye regarding the right to fair trial and independence of the judiciary.