The human rights organization Broken Chalk is urging the international community to take action following the detention of over 200 individuals primarily university students by Turkish authorities during protests earlier this month.
The recent wave of detentions happened on May 6, 2025. It is particularly worrying that the detainees were not allowed access to a legal counsel and their families for the first 24 hours. The case details were not transparent either, leading to serious worrying from families and their legal representatives. Due process and transparency are missing in the detention process.
This latest operation also marks a continued effort to detain individuals alleged to be linked to the Hizmet Movement (or “FETÖ”, as referred to by Turkish authorities). Framed as a counter-terrorism effort, the Interior Minister Ali Yerlikaya shared a propagandistic video depicting routine activities by headscarved women as subversive acts. Multiple arrests were based on questionable grounds such as attending educational events, traveling abroad, or living with persons who were detained in earlier waves of arrests of Hizmet Movement affiliated persons. Notably, young female students were heavily targeted—some detained for cultural trips or mere associations. In one tragic case, a woman was arrested despite having lost her father to cancer while he was imprisoned under similar charges. It is clear that the Turkish authorities are using the term “terrorism” broadly, increasingly targeting civic or religious activity with this approach, and consequently, undermining rule of law and civil freedoms.
The arrests did not start on the 6th of May. Ever since the arrest of the Mayor of Istanbul on the 19th of March, 2025, the number of detentions has been increasing. President Erdogan is cracking down on the freedom of speech of the population, trying to drown the voice of the people who are questioning the arrest and the withdrawal of the bachelors diploma of Mr Imamoglu. It is important to note that the diploma is needed for signing up for the presidential candidacy. It is suspected that this was a deliberate move to make the Mayor of Istanbul disqualified early on from the presidential race. The Turkish population mobilised in big numbers but this also came at a cost, more than 2000 persons, have been detained and the number could be way higher.
Broken Chalk wishes to raise awareness of these events, especially to the clear violation of fundamental human rights such as the right to freedom of assembly and the right to due process. The way the arrests are conducted and the detention procedure is happening, it is clear that there is a lack of transparency, which undermines the trust in authorities and in general, the government.
Broken Chalk is calling on global leaders and human rights bodies to monitor the situation closely and pressure the Turkish government to respect civil liberties and the rule of law:
High Commissioner for Human Rights,
Secretary General of the Council of Europe,
Chairman of the Working Group on Arbitrary Detention,
Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Special Rapporteur on the Protection of Private Life,
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression,
Special Rapporteur on the Independence of Judges and Lawyers and
Council of Europe Commissioner for Human Rights.
On May 1, 2025, Turkish-Brazilian dual national Mustafa Göktepe was arrested in São Paulo, Brazil, following an extradition request from the Turkish government over alleged links to the Gülen movement.
Background
Mustafa Göktepe, 47, has resided in Brazil for approximately two decades and became a naturalised citizen in 2012. He is married to a Brazilian woman and has two daughters, aged 8 and 13, both born in Brazil. Göktepe is a prominent figure in the Turkish-Brazilian community, operating a chain of Turkish restaurants that employ over 100 individuals. He also serves as the president of the Institute for Intercultural Dialogue (Instituto Pelo Dialogo Intercultural), a Brazilian NGO dedicated to promoting intercultural dialogue. He also worked as a computer teacher in Türkiye at a school known as Gülen School.
Legal Proceedings
Justice Flávio Dino of Brazil’s Supreme Federal Court (STF) ordered the arrest, which is provisional pending the court’s decision on the extradition request. The Turkish government accuses Göktepe of having links to the Gülen movement, which it classifies as a terrorist organisation. However, the movement denies involvement in any terrorist activities.
Ankara accuses Gülen, a U.S.-based Muslim cleric, of orchestrating the July 15, 2016, coup attempt, and has declared his movement a terrorist organisation. He denies any connection with the abortive putsch.
At its peak, the Gulen movement operated schools in 160 countries, from Afghanistan to the United States. Since the coup attempt, Türkiye has pressured allies to shut down Gulen-run establishments.
Human Rights Considerations
The case raises significant human rights concerns, particularly regarding the potential for political persecution. Given Göktepe’s long-standing residence in Brazil, his Brazilian citizenship, and his family’s ties to the country, extradition could have profound implications for his rights and well-being. It is crucial that Brazilian authorities thoroughly assess the extradition request, ensuring compliance with international human rights standards and protections against political persecution.
Since 2015, hundreds of men alleged by the Turkish authorities to have links with the Gülen movement, living in countries around the world, have been arbitrarily detained and forcibly returned to Türkiye. All these people are faced with very serious human rights violations in Türkiye.
Conclusion
The arrest of Mustafa Göktepe underscores the complexities at the intersection of international law, human rights, and political considerations. As the Brazilian judiciary deliberates on the extradition request, it is imperative to uphold the principles of justice and human rights, ensuring that individuals are not subjected to political persecution under the guise of legal proceedings.
Freedom of expression is a fundamental human right that protects the ability to express oneself without unjustified restrictions. It is normally undisputed when dealing with social media presence when individuals share their opinions without erroneous implications. However, in Turkey, despite the Constitution providing for freedom of speech, many laws and legislations have been enacted, and amendments have been made to undermine the very principle of freedom of expression. This article will provide an analysis of freedom of speech and the legal system in Turkey and take a look at the charges against different lawyers in the context of International law, Turkish Law, and countries near it, using the 2024 case of Dilek Ekmekçi as the case study.
The Arrests of Lawyers
A lawyer named Dilek Ekmekçi was released from prison on October 22, 2024, only to be promptly detained again by police, reflecting the ongoing repression faced by legal professionals in Turkey. This incident follows a troubling trend highlighted by the Court of Cassation’s ruling on September 18, 2020, which upheld the sentences of 14 human rights lawyers from the People’s Law Office, , who were convicted on similar charges. The crackdown continued with the recent arrest of Naim Eminoğlu and Doğa İncesu on July 2, 2024, both prominent members of the Progressive Lawyers Association, accused of being part of the Gülen Movement. In January 2024, a staggering sentence of over 125 years was handed down to 19 lawyers, further illustrating the Turkish government’s aggressive stance against those perceived as dissenters. These cases underscore the precarious situation for lawyers in Turkey, where legal actions are increasingly viewed as tools for political suppression rather than justice.
The law against the people
Under The Social Media Law (2020), the Turkish government can restrict and monitor any social media interactions and online free speech if necessary and this is one of the ways in which all these lawyers mentioned above had their data used for a case to be made against them. Coupled with Turkey’s Anti-Terror Law (Law No. 3713), which penalises individuals who disclose or publish the identity of officials on anti-terrorist duties or who identify such persons as targets, this is used broadly, and in most cases of online discourse, the different individuals are arrested for incitement and spreading of terrorism rhetoric.
In addition to the above, law enforcement usually limits freedom of speech with Article 125 of the Penal Code, which criminalises defamation and slander. In 90% of the cases above, the three legislations are cited together to justify the limitation of freedom of speech and arrest individuals who use online platforms to share their opinions on fraud, murder, and many more. Recent developments, such as the passing of the controversial “disinformation law” in October 2022, exemplify this trend by criminalising the dissemination of false information, which is determined by the government.
As can be deduced from the above cases and legal frameworks in Turkey, the country’s laws are against international laws of freedom of speech, particularly breaches Article 10 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of expression, including the freedom to hold opinions and to receive and impart information without interference by public authority. The disinformation law also violates Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to seek, receive, and impart information.
In 2021, the ECHR ruled that Turkey violated freedom of expression rights in the case of Vedat Şorli, who faced criminal charges and pre-trial detention for criticising the president on social media. The ECHR concluded that this conviction represented unjustified interference with Şorli’s freedom of speech and in a 2014 case, journalists Ahmet Şık and Nedim Şener were detained as part of the OdaTV investigation after publishing material critical of government-linked entities. The ECHR ruled that their detention violated both their rights to a fair trial and freedom of expression.
Despite these findings, he Turkish government continues utilising the legal frameworks to arrest and detain different individuals who use social media to criticise the government.
Lawyer Dilek Ekmekçi
The case of Dilek Ekmekçi highlights the ongoing challenges to judicial independence and freedom of expression in Turkey. Ekmekçi, after accusing prominent leaders of the Nationalist Movement Party (MHP) of being involved in the assassination of former Grey Wolves leader Sinan Ateş, was arrested; her allegations targeted high-ranking MHP members, including figures close to Turkish President Recep Tayyip Erdoğan; she was charged with defamation and insulting public officials through social media posts. Despite an initial release, the prosecutor’s appeal led to her re-arrest by the Istanbul 25th High Criminal Court.
In her court statements, Ekmekçi claimed that her detention was due to a fabricated indictment and referenced other government actions intended to undermine her legal standing. She cited instances where she was pressured, including through threats of psychiatric evaluations and multiple lawsuits. Ekmekçi’s defence argued that her prosecution was a retaliatory measure aimed at silencing her criticism, categorising the case as a SLAPP (Strategic Lawsuit Against Public Participation), often used to intimidate and suppress dissenting voices.
The state of freedom of expression
The state of freedom of expression in Turkey has reached a critical juncture, characterized by systemic repression and legal frameworks that stifle dissent. Recent legislative measures, such as the controversial “disinformation law” passed in October 2022, exemplify the government’s tightening grip on free speech, allowing for the criminalisation of information deemed false and imposing severe penalties for those who share it (Amnesty International, 2022).
This law has been criticised for creating a chilling effect, deterring individuals from expressing their opinions, or engaging in public discourse for fear of prosecution. Additionally, the Turkish judiciary has increasingly become an instrument of political control, often disregarding rulings from the European Court of Human Rights that emphasise the protection of free expression (English PEN).
The cases of lawyers like Dilek Ekmekçi, who faced charges under anti-terrorism laws for their advocacy work, highlight the precarious position of legal professionals in Turkey. As the government continues to utilise vague legal definitions to target critics, it undermines not only national constitutional guarantees but also international human rights obligations, effectively rendering freedom of expression nearly non-existent in Turkey’s current political climate (Freedom House).
Conclusion
It is evident that the Turkish government’s restructuring of the legal system aims to suppress all criticism of its officials and minimise freedom of expression. The excessive measures employed to address issues such as slander against officials do not resonate with the general public, and the blatant disregard for international law and democratic principles raises serious concerns that must be addressed. The legal profession, much like activism, journalism, and other sectors of society, deserves to uphold its freedom of expression. The direct targeting of the judicial system, evidenced by the significant number of lawyers arrested in less than a decade, signals a broader issue within the system and undermines the Turkish government’s claims of democracy. The case of Dilek Ekmekçi is not an isolated incident; rather, it reflects a troubling pattern of similar cases occurring throughout the country.
i Front Line Defenders. (n.d.). 14 lawyers arrested and charged. Front Line Defenders. Retrieved from https://www.frontlinedefenders.org/en/case/14-lawyers-arrested-and-charged
ii International Observatory for Lawyers in Danger. (n.d.). Joint statement of international protest condemning Turkey’s arrest of Naim Eminoglu and Doğa İncesu of the Progressive Lawyers Association (CHD). International Observatory for Lawyers in Danger. Retrieved from https://protect-lawyers.org/en/joint-statement-of-international-protest-condemning-turkeys-arrest-of-naim-eminoglu-and-doga-incesu-of-the-progressive-lawyers-association-chd-2/
iii The Arrested Lawyers Initiative. (2024). Ankara appeal court defies ECHR, sentences 19 lawyers to 125 years. The Arrested Lawyers Initiative. Retrieved from https://arrestedlawyers.org/2024/01/31/ankara-appeal-court-defies-echr-sentences-19-lawyers-to-125-years/
iv Kandemir, E., & Hudson, M. (2022). Turkey’s new media law is bad news, but don’t report it. Brookings Institution. Retrieved from https://www.brookings.edu/articles/turkeys-new-media-law-is-bad-news-but-dont-report-it/
v Republic of Turkey. (1991). Anti-Terrorism Law (Law No. 3713) on crimes committed by terrorist organizations. Official Gazette of the Republic of Turkey.
vi United Nations. (1966). International Covenant on Civil and Political Rights (ICCPR). United Nations Treaty Collection.
European Court of Human Rights. (2021). Şorli v. Turkey. European Court of Human Rights.
vii JURIST. (2021). Europe rights court: Turkey liable for freedom of expression right violation. JURIST News. Retrieved from https://www.jurist.org/news/2021/10/europe-rights-court-turkey-liable-for-freedom-of-expression-right-violation/
ix Turkish Minute. (2024). Lawyer arrested after accusing Erdogan, far-right ally of ex-Grey Wolves leader’s murder. Turkish Minute. Retrieved from https://www.turkishminute.com/2024/09/02/lawyer-arrested-after-accusing-erdogan-far-right-ally-ex-grey-wolves-leaders-murder/
x Amnesty International. (2022). Turkey: New disinformation law poses serious threat to freedom of expression. Amnesty International.
xi English PEN. (n.d.). Turkey: Freedom of expression in jeopardy. English PEN.
Broken Chalk is deeply concerned about the proposed amendments to the Iraqi Personal Status Law No. 188 of 1959 and appeals to the government to safeguard the interests of children. If enacted, these amendments would pose a significant threat to the rights of women and children in Iraq.The proposed changes aim to reinstate religious laws over the current constitutional laws that govern Iraq. A particularly alarming aspect of this proposal is that it would allow for the legal marriage of girls to be 9 years and boys 15 years. Currently, Iraqi law prohibits marriage under the age of 18, ensuring a level of protection for children.The enactment of this proposal would have far-reaching consequences, not only economically and politically but also in terms of education. Every child has the right to education and to be treated as a child. As a signatory to the UN Convention on the Rights of the Child, Iraq is obligated to protect the interests of its children. This proposal represents a serious deviation from Iraq’s commitments under the UN Convention and would likely result in grave human rights violations.Research has consistently shown that child marriages reduce educational opportunities, increase school dropout rates, and restrict the freedom of children. Moreover, this law would likely exacerbate gender-based violence and further diminish accountability for perpetrators who target children.Broken Chalk strongly urges the Iraqi government to safeguard the interests of children and to protect their childhood and freedom by rejecting this harmful proposal.
I had an interview with Mr Hakan Kaplankaya. Together, we discussed the ECtHR decision Yuksel Yalcinkaya vs Turkey.
Hakan Kaplankaya is a legal advisor and former Turkish diplomat. His research and consultancy services focus mainly on human rights advocacy and international commercial arbitration. During his tenure at the Ministry, he worked at the NATO Desk. He is also a board member of InstiduDE, Belgium’s research-driven NGO.
Mr Kaplankaya, can you elaborate for us what the judgement is about and its importance?
The Turkish government launched a crackdown on the Gulen Movement (GM), especially after the graft probes in December 2013, which escalated to an annihilation campaign after the failed coup on July 15, 2016. GM was designated as a terrorist organisation, which paved the way to widespread criminal prosecutions for membership in a terrorist group against members, followers, and sympathisers of the movement. Within criminal proceedings, routine activities were treated as evidence of terrorist organisation membership, such as subscribing to a daily, enrolling children in GM-affiliated schools, depositing money in Bankasya, using the Bylock mobile chat application, joining GM-related associations, and participating in religious talks.
Over 600,000 people were prosecuted, with more than 300,000 detained and over 100,000 convicted on terrorism charges. The ECtHR’s judgment is a long-awaited response to this travesty of justice.
Another notable aspect of these persecutions and the judgment is that this judicial practice has risen to crimes against humanity. As fellows of the Institute for Diplomacy and Economy, we drafted a report on this issue two years ago. In various opinions, the UN Working Group on Arbitrary Detention (WGAD) has concluded that the arbitrary detentions faced by numerous Turkish individuals linked to this group since the coup attempt follow a systematic and widespread pattern, possibly amounting to crimes against humanity. The international community should give due consideration and examination to this dimension.
The Grand Chamber judgment in the case highlighted violations of Article 7 (no punishment without law) and Article 6 § 1 (right to a fair trial) of the ECHR. Could you explain how the Court found that the applicant’s conviction, based on the use of the ByLock application, departed from the requirements of national law and was contrary to the object and purpose of Article 7, which aims to provide safeguards against arbitrary prosecution, conviction, and punishment?
The Court observed that the applicant’s conviction for membership in a terrorist organisation was primarily based on his alleged use of the ByLock messaging application, while other evidence, such as his account at Bank Asya and his membership in a trade union and an association, served as corroborative sources. The mere use of the ByLock application, regardless of the content of the messages or the recipients’ identities, was deemed sufficient in domestic law to establish all the elements of the crime of belonging to an armed terrorist organisation.
Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE App no 15669/20 (ECtHR, 26 September 2023)
The Court acknowledged that the use of the ByLock application could indicate some connection with the Gülen Group but disagreed with the domestic courts’ conclusion, which was merely downloading and using the application pointed out the complete submission to the organisation and its hierarchy. Instead, the Court found that relying on the mere use of ByLock alone to establish the elements of the offence was an unforeseeable and expansive interpretation of anti-terror legislation. This interpretation essentially created an almost automatic presumption of guilt based solely on ByLock usage, making it extremely difficult for the applicant to prove his innocence.
Without examining the presence of ‘knowledge’ and ‘intent,’ which are requirements in the legal definition of the offence under domestic law, the Court observed that objective liability was effectively attached to the use of ByLock. This interpretation by the domestic courts effectively bypassed the essential, particularly mental, element of the offence and treated it as a strict liability offence, thus deviating from the established requirements in domestic law. Consequently, the Court ruled that there had been a violation of Article 7 of the Convention.
The judgment identifies procedural shortcomings in the criminal proceedings against Mr Yalçınkaya, particularly regarding his access to and ability to effectively challenge the ByLock evidence, breaching his right to a fair trial under Article 6. Can you elaborate on the specific failures in the courts’ handling of the ByLock evidence and how these shortcomings undermined the applicant’s opportunity to challenge the proof effectively, as outlined by the Court?
Regarding Article 6 § 1 of the Convention, the Court examined whether the applicant, who faced non-disclosure of crucial ByLock data, was given adequate procedural safeguards and whether the applicant was afforded a suitable opportunity to prepare his defence.
The Court criticised the silence of domestic courts concerning their rejection of the applicant’s request for Bylock raw data, as well as the applicant’s substantiated concerns about the reliability of the evidence. The refusal of the applicant’s request to independently examine the raw data to verify its content and integrity was also noted. The Court emphasized that proceedings should have allowed the applicant to fully comment on the decrypted material, ensuring a “fair balance” between the parties.
In conclusion, the Court found insufficient safeguards for the applicant to challenge the evidence effectively and on equal footing with the prosecution. The failure of domestic courts to address the applicant’s requests and objections raised doubts that they were impervious to the defence arguments. The Court ruled that the applicant was not genuinely ‘heard,’ concluding that the criminal proceedings fell short of a fair trial, breaching Article 6 § 1 of the Convention.
The Court held that Türkiye must take general measures to address systemic problems, particularly concerning the Turkish judiciary’s approach to using ByLock. As a legal expert, what specific measures do you believe would be necessary to rectify the identified systemic problems and ensure that future cases involving digital evidence, like ByLock, comply with the requirements of the ECHR, particularly in safeguarding individuals against arbitrary consequences and upholding the principles of a fair trial?
The Court highlighted the systemic nature of the issue, with over 8,000 similar cases and the potential for around one hundred thousand more cases from Turkey to reach the European Court. To address this, Turkey needs to implement general measures for resolution. Although the anti-terror legislation has faced criticism for its broad interpretative potential, mainly from scholars, the Venice Commission, and some European Court judgments, I believe the core problem lies in the arbitrary interpretation by the Turkish judiciary rather than the legislation’s wording. Despite Yalçınkaya reflecting the Court’s stance on this interpretation, there is still room for legislative amendment. However, the most immediate solution would be a jurisprudential change, with the Turkish judiciary aligning itself with the Yalçınkaya judgment, refraining from incriminating people for ordinary, non-criminal activities. Unfortunately, four months after the release of this judgment, Turkish courts have not given a clear signal that they have aligned with it.
Reopening cases in Turkey that have already been presented to the European Court could present a viable solution. Although Turkish criminal procedure permits the reopening of a case if the European Court identifies a violation, this right is currently not extended to similar cases. Nevertheless, a recent ruling by the Turkish Constitutional Court lends support to this potential solution. Consequently, a legal amendment would be beneficial to address and clarify this issue explicitly. Unfortunately, I am unaware of any instance where a domestic court has approved reopening a case similar to Yalcinkaya.
Following the Yalcinkaya case, individuals convicted of terrorism charges based on their alleged membership in the GM should be acquitted. The Bylock evidence, riddled with numerous shortcomings, was examined by the Strasbourg Court, which criticised the Turkish court’s flawed examination without explicitly affirming its evidentiary value. However, given the significant deficiencies in the Bylock evidence, it becomes untenable for any impartial court to accept it as credible. Moreover, the Court identified a more substantial issue, emphasising a violation of Article 7. Thus, the result should be an acquittal.
Bas du formulaire
Given the historical significance outlined in the Yalçınkaya judgment and its impact on Article 7 violations, can you elaborate on the specific legal principles related to the “legality of crimes and punishments” that make an Article 7 violation so severe and why the ECHR has been cautious in finding such violations for its member states over the years?”
The “No punishment without law” principle is a fundamental legal tenet. In societies governed by the rule of law, the violation of this principle is not encountered. The recent judgment marks the sixtieth violation ruling by the Court in its history. The incrimination of hundreds of thousands of people in contravention of this principle is profoundly shocking. Witnessing such a grave systemic violation is, in my view, a source of shame for all Europeans.
The Yalçınkaya decision highlights a systemic issue with over 8,000 pending cases of a similar nature and suggests the potential for over 100,000 more cases based on ByLock usage. How do you think non-compliance with the Yalçınkaya decision could impact Turkey’s judicial system and its international standing, and what steps should the authorities, particularly the Constitutional Court, take to address this issue promptly?
As stated in the judgment, it is binding on the Turkish judiciary. Therefore, the Turkish Constitutional Court and other superior courts should align with it. Failure to do so may result in the European Court issuing violation judgments for similar cases and potential future applications. The Committee of Ministers of the Council of Europe will monitor the execution of the judgment, involving a political and diplomatic process. Significantly, according to the Turkish Constitution, the decisions of the European Court are binding, and I hope that they will eventually be implemented in Turkey by Turkish authorities.
By Carolina Silvestre, Dimitrios Chasouras, María Núñez Fontán, Olimpia Guidi, Samantha Orozco, Vahit Uzunlar
Through this report, our organisation aims to address current issues and promote good practices in prison management, focusing on Turkey. In alignment with the objectives set forth by the Office of the United Nations High Commissioner for Human Rights (OHCHR), this thematic report endeavours to shed light on the prevailing challenges and commendable practices within the Turkish prison system. The report considers the OHCHR’s delineation of eight crucial focus areas, which serves as the foundational framework for our comprehensive assessment of Turkey’s prison management practices through “Call 9.” As a critical contribution to the discourse on human rights and prison conditions, this report aims to offer valuable insights and recommendations for enhancing the well-being and dignity of detainees within Turkey’s correctional facilities, thereby advancing the cause of human rights on a global scale.
For the comprehensive evaluation of prison management in Turkey, “Broken Chalk” has laid down ten critical points of focus that underpin the core objectives of this report. These ten key areas encompass issues of profound importance in understanding prison conditions and human rights in the Turkish correctional system. These points are as follows:
Babies in Turkish Prisons: The presence of infants in correctional facilities raises concerns about the rights and well-being of both the child and the incarcerated parent.
Sick Prisoners in Turkey: Ensuring adequate healthcare and treatment for ill inmates is fundamental to their human rights.
Pregnant Women in Turkish Prisons: The unique needs of expectant mothers behind bars require special attention and care.
Deaths Due to COVID-19 in Turkish Prisons: In light of the global pandemic, examining the impact of COVID-19 on prison populations is of utmost importance.
Deaths Due to Sickness in Turkish Prisons: Understanding the circumstances leading to deaths within prisons is essential to addressing systemic issues.
Parole Right Violations in Turkish Prisons: Ensuring prisoners’ rights to parole are respected and upheld is critical in fair and just incarceration.
Allegations of Torture and Ill-Treatment in Turkish Prisons: Investigating claims of torture and ill-treatment is critical for upholding human rights and international standards.
Exceeding Capacity in Turkish Prisons: Overcrowding poses significant challenges to the well-being of inmates, and its implications are central to this report.
Denial of the Right to Defence in Turkish Prisons: Ensuring access to legal representation and due process is pivotal in safeguarding the rights of those incarcerated.
Access to Health Services in Turkish Prisons: Adequate healthcare services are a fundamental human right for those within the prison system.
Each of these points has been included in the report to shed light on specific areas of concern within the Turkish prison system, with the ultimate goal of improving conditions, safeguarding human rights, and contributing to international discourse on the subject.
In October 2023, Sümeyye Tercanoğlu and her husband, a Turkish Gulen teacher, faced conviction for suspected affiliation with the Gulen movement. The allegations centred around their purported use of ByLock, a phone application believed by the government to be a platform for Gulen movement supporters engaging in secret communication since the failed coup attempt in 2016. It’s essential to note that no concrete evidence supports these allegations. The Gulen movement, led by an influential Islamic cleric, aims to provide devout Muslims with the necessary secular education for success in contemporary society while also emphasizing the importance of traditional religious teachings. The movement promotes a tolerant form of Islam, highlighting values such as altruism, modesty, hard work, and education (Pew Research Center, 2010). The Turkish President Recep Tayyip Erdoğan has been actively targeting followers of the Gülen movement since the corruption investigations of December 17-25, 2013. The government’s actions against the Gülen movement have raised concerns about human rights violations and the erosion of democratic principles.
taken from https://polatlipostasicom.teimg.com/crop/1280×720/polatlipostasi-com/uploads/2023/10/zarif-sumeyye-tercanoglu-neden-tutuklandi.png
Upon Sümeyye Tercanoğlu’s arrest, a deeply distressing situation unfolded. She was separated from her 4-month-old child, who, since the day of the arrest, had not been breastfed and lacked access to his mother’s breast milk—crucial for his healthy growth. Legislator Ömer Faruk Gergerlioğlu, known for his human rights advocacy and affiliation with the Green Left Party (YSP), raised concerns about the plight of pregnant women or mothers with infants, asserting that such separations occur on a near-daily basis. He specifically called for the release of Sümeyye Tercanoğlu, shedding light on the human rights implications of these incidents.
Simultaneously, the European Court of Human Rights issued a significant judgment in the case of Yüksel Yalçınkaya v. Türkiye, holding violations of Article 7 (no punishment without law), Article 6 § 1 (right to a fair trial), and Article 11 (freedom of assembly and association) of the European Convention on Human Rights. Much like the case of Sümeyye Tercanoğlu, Mr. Yalçınkaya’s conviction was significantly based on the use of the encrypted messaging application ByLock.
The judgment underscored that the Turkish judiciary’s uniform and global approach to ByLock evidence did not comply with national law or the object and purpose of Article 7, designed to safeguard against arbitrary prosecution, conviction, and punishment. Procedural shortcomings in criminal proceedings, specifically regarding access to and compelling challenge of ByLock evidence, were also noted, breaching the right to a fair trial under Article 6. This systemic problem has broader implications, with approximately 8,500 applications on the Court’s docket involving similar complaints under Articles 7 and/or 6 of the Convention. Under Article 46, the ECHR mandated that Turkey implement general measures to address these systemic problems, particularly concerning the Turkish judiciary’s approach to ByLock evidence. This underscores the urgent need for Turkey to address the human rights violations associated with convictions based on ByLock usage.
The case of Ismet Ozcelik, a Turkish national, has once again highlighted the concerns surrounding justice and the legal profession in Turkey. Ozcelik, an academic who has been held in detention since 2017 on alleged links to a cleric blamed for a 2016 coup attempt, was due for release from prison. However, his departure has been extended by an additional ten months, raising questions about the fairness and independence of the Turkish legal system.
Ozcelik, along with Turgay Karaman, a school principal, was deported from Malaysia to Turkey in 2017, where they were accused of ties to the network of Fethullah Gulen. The Gulen movement, led by an influential Islamic cleric, Fethullah Gulen, aims to provide devout Muslims with the necessary secular education for success in contemporary society while also emphasising the importance of traditional religious teachings. The movement promotes a tolerant form of Islam, highlighting values such as altruism, modesty, hard work, and education (Pew Research Center, 2010).
Since the failed coup attempt, the Turkish government has detained and jailed tens of thousands of people, pending trial, on suspicion of involvement with Gulen’s network. Human rights organizations have criticized this widespread crackdown for its impact on the rule of law and the right to a fair trial.
One of the key pieces of evidence used against Ozcelik was the allegation that he had used a mobile app called Bylock, which Turkish authorities claimed was used exclusively by Gulen’s followers. However, the European Court of Human Rights (ECtHR) has clarified that using Bylock cannot serve as reasonable suspicion for arrest or evidence for a conviction. Despite this, Ozcelik’s requests for an expert panel examination to contest the claims against him were denied, violating the principle of equality of arms in the legal process.
In addition to the Bylock allegation, Ozcelik’s participation in a protest and his social media posts criticizing the government’s actions were presented as evidence of his alleged membership in an armed terrorist organization. The UN Human Rights Committee and the ECtHR have emphasized protecting the fundamental rights to peaceful protest and freedom of expression. They have stated that these activities should not be criminalized without concrete evidence of involvement in illegal or terrorist activities.
Another contentious aspect of the case is the involvement of a private education company, Polat A.S., with which Ozcelik was a shareholder. Turkish authorities accused the company of being a front for carrying out alleged terrorist activities. However, critics argue that no concrete evidence substantiates this claim. Polat A.S. was a legally incorporated company operating under Turkish law and with a license from the Ministry of Education. Using such legal activities as grounds for criminal conviction raises concerns about the validity of the charges against Ozcelik.
The extension of Ozcelik’s detention by ten months has raised further concerns about the erosion of justice and the stifling of the legal profession in Turkey. Human rights defenders and legal experts have consistently expressed worries about arbitrary detention and the use of terrorism charges against individuals who exercise their rights to freedom of expression and peaceful protest.
The case of Ismet Ozcelik and others like him underscores the need for Turkey to uphold fundamental principles of justice, independence, and respect for human rights. International bodies, including the United Nations, have called for the release of detainees like Ozcelik and have highlighted the importance of providing effective remedies for those who have suffered violations of their rights.
As the detention of Ismet Ozcelik continues, it remains a stark reminder of the challenges facing the Turkish legal system and the urgent need for reforms to protect the rights and freedoms of all individuals.
Note: This article is based on available information and does not constitute legal advice or an official statement of the events described.
REFERENCES
Initiative, T. A. L. (2023, July 30). How having “the wrong” dish led to imprisonment for terrorism. The Arrested Lawyers Initiative is a volunteer organisation to defend the defenders. https://arrestedlawyers.org/2023/07/28/how-having-the-wrong-dish-led-to-imprisonment-for-terrorism/
Miles, T. (2019, May 29). Turkey was told by U.N. to free and compensate gulen-linked detainees. Reuters. https://www.reuters.com/article/us-turkey-un-idUSKCN1SZ1RD
Scf. (2023, November 9). Man imprisoned on Gülen links to spend ten more months behind bars for making prayer beads. Stockholm Center for Freedom. https://stockholmcf.org/man-imprisoned-on-gulen-links-to-spend-10-more-months-behind-bars-for-making-prayer-beads/
Turkish Minute. (2023, November 9). Man imprisoned on Gülen links to spend 10 more months behind bars for making prayer beads. https://www.turkishminute.com/2023/11/09/man-imprisoned-on-gulen-link-to-spend-10-more-months-behind-bars-for-making-prayer-beads/
The United Nations Human Rights Committee has decided that Turkey is unfair. Justice Square. (n.d.). https://www.justicesquare.com/uncategorized/the-united-nations-human-rights-committee-has-decided-that-turkey-is-unfair/
Çetin, T. (2019, June 5). Un asks Turkey to release i̇smet özçelik and Turgay Karaman immediately. BoldMedya. https://boldmedya.com/2019/06/02/un-asks-turkey-to-release-immediately-ismet-ozcelik-and-turgay-karaman/
The Gülen Movement: Promoting Education and Human Rights
The Gülen Movement, named after its founder, Fethullah Gülen, is an influential cluster of religious, educational, and social organisations. Founded in the late 1960s in Turkey, the movement aims to provide faithful Muslims with a modern education while emphasising traditional religious teachings. With a network of schools and centres in over 100 countries, the movement has significantly contributed to education and intercultural dialogue worldwide.
The movement gained international attention in the aftermath of the failed coup attempt on July 15, 2015, in Turkey. The coup attempt, attached to a faction within the Turkish military, led to a turbulent period in the country. In the wake of the coup, many individuals associated with the Gülen Movement, including educationists and teachers, faced severe repercussions.
Following the coup attempt, educationists and teachers associated with the Gülen Movement became targets of government crackdowns. Thousands of educators were dismissed under a state of emergency decrees (KHK), leaving them without job security and facing social stigma. The government accused them of being members of a terrorist organisation, specifically the Gülen movement, and subjected them to legal proceedings.
One notable case in this context is the decision of the European Court of Human Rights (EHRC) regarding teacher Yalcinkaya. The EHRC recognised that Yalcinkaya’s dismissal from her teaching position violated her rights to freedom of expression and association. This decision shed light on the challenges faced by educators associated with the Gülen Movement and highlighted the need to safeguard human rights after the coup attempt.
It is important to note that accusations against the parents of the quintuplets and their siblings, Abdülkadir and Nurcan Arslan, who were arrested and subsequently imprisoned, are not considered crimes in any part of the world. It was stated that Abdülkadir Arslan worked at a private teaching institution previously closed by a decree law, and his wife was a housewife. The couple was accused of being members of the Gülen movement, resulting in their separation from their children. This situation raises concerns about the well-being of the children and the impact of parental absence on their development. Furthermore, one of the children has a health problem, which adds to the complexity of their situation. The absence of their parents and the challenges they face as a result of the coup attempt have undoubtedly affected their overall well-being and access to necessary medical care.
Heartbreaking news from Edirne, #Turkey: Abdülkadir & Nurcan Arslan, parents to quintuplets and a 13-year-old, are unlawfully arrested despite the #ECHR's ruling. The separation from their parents leaves the children in tears and despair. @StockholmCF@UNICEF@EU_Commissionpic.twitter.com/dajN9OlSS9
Despite these difficulties, some people in Turkey have shown support for the family through social media platforms. By raising awareness and advocating for their rights, individuals have come together to provide assistance and solidarity to the quintuplets and their siblings. This support demonstrates the power of social media in mobilising communities to address the challenges faced by individuals affected by the aftermath of the coup attempt.
The Gülen Movement’s commitment to education has been a cornerstone of its efforts. The movement has established numerous educational institutions worldwide, focusing on providing a comprehensive education that combines modern subjects with an emphasis on religious values. These Gülen-inspired schools have been successful in countries such as Germany, where they cater to Turkish immigrants and their offspring. The movement’s educational agenda aims to equip students with the skills and knowledge necessary to thrive in the modern world while maintaining a solid connection to their religious heritage.
However, the educational initiatives of the Gülen Movement have faced significant challenges after the failed coup attempt. The government’s crackdown on the movement’s members and institutions has resulted in the closure of many Gülen-inspired schools and educational centres. The dismissal of teachers and educationists associated with the movement has disrupted the education of countless students who relied on these institutions for their learning.
The impact of the coup attempt and subsequent government actions on the education sector goes beyond the closure of schools. The stigmatisation and persecution of educators associated with the Gülen Movement have created an atmosphere of fear and insecurity within the education community. Teachers, once respected and valued for their dedication to education, now find themselves marginalised and targeted. This not only hampers the progress of education but also undermines the fundamental principles of human rights and freedom of expression.
The plight of the quintuplets and their sibling, left without their parents due to their alleged affiliation with the Gülen Movement, highlights the human cost of the political turmoil in Turkey. Separated from their loved ones, these children face an uncertain future and the challenges of growing up without parental guidance. The emotional and psychological impact of their situation cannot be underestimated, particularly considering that one of the children has a health problem that requires extra care and support.
In such difficult circumstances, social media has become a powerful tool for mobilising support and raising awareness. People from all walks of life, both within and outside Turkey, have used social media platforms to express solidarity with the quintuplets and their siblings. Through hashtags and online campaigns, individuals have shared their concerns, donated resources, and advocated for their rights. This outpouring of support demonstrates the potential of social media to galvanise communities and bring attention to pressing human rights issues.
In conclusion, the Gülen Movement, focusing on education and intercultural dialogue, has significantly contributed to society globally. However, the movement and its members have faced challenges and human rights issues in the aftermath of the failed coup attempt in Turkey. It is crucial to recognise the impact on educationists and teachers associated with the movement, the separation of families, and the importance of safeguarding human rights in such circumstances. The support individuals show through social media platforms highlights the resilience and solidarity among communities in times of adversity. As the international community grapples with the aftermath of political turmoil, it is vital to prioritise human rights and ensure that education remains a fundamental right for all children, irrespective of their parents’ affiliations.
Mustafa Ersoy’s fate hangs in the balance as he faces deportation to Turkey. With his expired passport, he has turned to Switzerland in a desperate plea for asylum.
by Inja van Soest.
In a recent report by İsmail Sağıroğlu from Boldmedya, we learn of yet another tragic chapter unfolding against a backdrop of mounting pressure within Turkey. Mustafa Ersoy, a 52-year-old educator from Konya Beyşehir, is facing deportation. After completing his studies in computer science in Kazakhstan, he stayed for a decade as a teacher. Afterwards, he returned to his homeland, Turkey, assuming roles as a manager in Beykoz and Sultanbeyli reading halls affiliated with Kaynak Eğitim in Istanbul.
However, Mustafa’s life took a sharp turn on July 15, 2016, when Turkey experienced a coup attempt. The Turkish government attributed the coup to Fethullah Gulen, a Turkish cleric living in self-imposed exile in the United States since 1999. Once an ally of President Erdogan, Gulen firmly denies any involvement in the coup. The Turkish government has labelled Gulen’s network as the “Fethullah Terrorist Organization” (FETO), accusing its supporters of establishing a “parallel state” by infiltrating various state institutions, including the police, judiciary, and military. In the two years following the coup attempt, Turkey remained under a state of emergency, leading to the arrest of tens of thousands and the suspension or dismissal of at least 125,000 civil servants, military personnel, and academics suspected of having links to Gulen.
When Mustafa’s colleagues started facing detainment and arrests, he sought refuge in Kazakhstan. However, his inability to renew his passport forced him to leave Kazakhstan, ultimately reaching Switzerland via Greece, where he applied for asylum.
Regrettably, Mustafa Ersoy’s application was rejected on two separate occasions, with him not having access to the information in his case files. The situation reached a critical juncture on Thursday, October 12th, when Swiss Police picked him up in the early morning hours at the camp where he had been staying and escorted him to the airport. Mustafa refused to board the flight to Turkey, fully aware that he would face imminent arrest and persecution upon his return. Since then, he has been in a detention centre near Geneva alongside other immigrants awaiting deportation to their home countries.
It was not until Monday, October 16th, that Mustafa received a glimmer of hope when a Swiss court granted him the right to reapply for asylum. His re-application with the legal help of FLAG21 is now under review, with a decision expected within the next ten days.
Broken Chalk firmly stands with Mustafa Ersoy and is grateful for the help he has received from FLAG21. Broken Chalk appeals to the Swiss Government to grant him asylum and protection from the potential persecution he faces at the hands of the Turkish Government.
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