On Tuesday, Amnesty International condemned Türkiye’s arrest and imprisonment of Enes Hocaoğulları, a LGBTQ+ activist who criticized rights violations committed during mass protests following the arrest of Istanbul Mayor Ekrem İmamoğlu.
Amnesty International called the arrest arbitrary and claimed Hocaoğulları must be “immediately and unconditionally released,” arguing that Hocaoğulları was protected by his right to freedom of expression. In the letter, Amnesty International said, “No one should be prosecuted for peacefully exercising their right to freedom of expression and speaking out against human rights violations.”
Amnesty International’s calls have been echoed by Oliver Ropke, President of the European Economic and Social Committee. Ropke expressed concerns about deterioration in Türkiye’s civil rights situation, saying, “the ongoing erosion of democratic principles – particularly restrictions on freedom of expression — poses a serious threat to the country’s development.” He added that abuse “undermines the ability of human rights activists and civil society to serve as essential watchdogs, holding government actions to account.” Ropke added that there were international considerations for Hocaoğulları’s arrest, saying that “as a member of the Council of Europe and an EU candidate country, Türkiye is expected to uphold the highest democratic standards, including the protection of fundamental freedoms and the rule of law.”
Hocaoğulları was arrested on August 5 at Ankara Esenboga Airport and placed in pre-trial detention on the basis of a speech he delivered before the 48th session of the Council of Europe’s Congress of Local and Regional Authorities. Hocaoğulları was charged with “publicly disseminating misleading information” under Article 217/A of the Turkish penal code, for which he could be imprisoned for one to three years. He was also charged with “inciting the public to hatred and enmity” under Article 216/1 of the penal code, which carries the same penalty.
Amnesty International has criticized Articles 217/A and 216/1 on the basis that they are inconsistent with Türkiye’s obligations under international humanitarian law, calling for Türkiye to repeal Article 217/A and amend Article 216/1 to only target advocacy of hatred amounting to violence or discrimination. Article 19(2) of the International Covenant on Civil and Political Rights provides for the right to freedom of expression, including “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers.”
Hocaoğulları’s speech, on which his charges are based, was delivered on March 27 in Stasbourg. The 23-year-old was the international relations coordinator of ÜniKuir, an advocacy group dedicated to the rights of LGBTQ+ people in Turkish universities. He denounced the Turkish government’s crackdown on protests the week before the speech was delivered and the human rights violations committed during this crackdown. Protests had erupted following the arrest of Istanbul Mayor Ekrem İmamoğlu, a prominent member of the opposition Republican People’s Party, who was accused of bribery, extortion, and rigging public tenders.
Amnesty International says that human rights violations committed during the crackdown include the excessive use of force by police, the unlawful use of less-than-lethal weapons against peaceful protesters, and threats of sexual violence in custody.
