Freedom of expression in Turkey: Lawyers and Arrests: Dilek Ekmekçi and others

By Panashe Marie Louise Mlambo

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.

Featured Photo by Wesley Tingey on Unsplash

References

 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. 



Seven Turkish Citizens Abducted in Kenya Press RELEASE

Panashe Mlambo and The Journalism Department.

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.

Seven-Turkish-Citizens-Abducted-in-Kenya-Press-RELEASE

Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE

ECHR courtroom - Copyright AP Photo Euronews.com

By Maria Popova

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

Interview with Mr Hakan Kaplankaya ECtHR YÜKSEL YALÇINKAYA v TÜRKİYE By Maria Popova
  1. 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.

  1. 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.

Current issues in Turkish prisons submitted to the UN Special Rapporteur on Torture

https://i.duvarenglish.com/2/814/458/storage/files/images/2021/05/19/hapishane-l9BQ_cover.jpg.webp

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:

  1. 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.
  2. Sick Prisoners in Turkey: Ensuring adequate healthcare and treatment for ill inmates is fundamental to their human rights.
  3. Pregnant Women in Turkish Prisons: The unique needs of expectant mothers behind bars require special attention and care.
  4. 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.
  5. Deaths Due to Sickness in Turkish Prisons: Understanding the circumstances leading to deaths within prisons is essential to addressing systemic issues.
  6. Parole Right Violations in Turkish Prisons: Ensuring prisoners’ rights to parole are respected and upheld is critical in fair and just incarceration.
  7. 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.
  8. Exceeding Capacity in Turkish Prisons: Overcrowding poses significant challenges to the well-being of inmates, and its implications are central to this report.
  9. 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.
  10. 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.
9A-Current-issues-and-good-practices-in-prison-management-–-Thematic-report-of-the-Special-Rapporteur-on-TortureDownload

Unveiling Human Rights Violations: The Targeting of Gülen Movement Followers in Turkey

Sümeyye Tercanoğlu

By Anna Moneta

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.

Bibliography

Liu, J. (2010) Gülen movement, Pew Research Center’s Religion & Public Life Project. https://www.pewresearch.org/religion/2010/09/15/muslim-networks-and-movements-in-western-europe-gulen-movement/. Last visited November 13th 2023.

European Court of Human Rights. (2023) Judgment concerning Türkiye, ECHR. Available at: https://www.echr.coe.int/w/grand-chamber-judgment-concerning-turkiye. Last visited November 13th 2023.

Yüksel Yalçinkaya v. Türkiye. (2023). European Court of Human Rights. https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-227636%22]}. Last visited November 13th 2023.

Detention of Ismet Ozcelik Extended by 10 Months

By Aneta Orlowska

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/
  • İsmet Ozcelik. Tenkil Memorial. (n.d.). https://tenkilmemorial.org/en/tenkil-veritabani/ismet-ozcelik/
  • 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 parents of the quintuplets were arrested due to membership in the Gülen movement.

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.

Soldiers with their hands up on Istanbul's Bosporus Bridge

Source: https://www.bbc.com/news/world-europe-36855846

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.

Source: https://www.turkishminute.com/2023/09/11/ecthr-soon-announce-decision-turkish-teacher-convicted-of-gulen-link/

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.

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.

Source: https://www.turkishminute.com/2023/10/04/turkish-court-send-parents-of-6-to-prison-on-gulen-charges-conviction/

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 Plea for Swiss Asylum

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.

More information about the attempted Coup: https://www.aljazeera.com/news/2022/7/15/turkeys-failed-coup-attempt-explainer

And the original news article: https://aktifhaber.com/gundem/isvicrenin-deport-kararina-direnen-mustafa-ogretmen-destek-bekliyor.html

Teacher Yüksel Yalçınkaya v. Türkiye

ECHR courtroom - Copyright AP Photo Euronews.com

By Maria Popova

In a significant judgement on the 26th of September, the Grand Chamber of the European Court of Human Rights held that Türkiye has to address a systematic problem of terrorism convictions decisively based on using a messaging application by the accused. The Court held that there had been a violation of Article 7 ECHR (no punishment without law), Article 6(1) ECHR (right to a fair trial) and Article 11 (freedom of assembly and association).

Facts of the case

The case had to deal with the conviction of a former teacher, Yüksel Yalçınkaya, who was assumed to have participated in an armed terrorist organisation called the “FETÖ/PDY” formerly known as the “Gülen movement” and considered by the Turkish authorities to be behind the attempted coup d’état of 15 July 2016.

The teacher was arrested in 2016 on suspicion of membership in a terrorist organisation. He was put in pre-trial detention and received his bill of indictment in 2017. According to the authorities, the accusation and the following arrest were based on the following evidence: suspicious banking activity, membership of a trade union, which allegedly had a terrorist link and the use of a mobile application called ByLock, which had reportedly been used for communication purposes by the members of the terrorist organisation.

Following his trial, Mr. Yalçınkaya was sentenced to six years and three months in prison. A decision later upheld by the Court of Appeal in Ankara and the Cassation Court. The decisive evidence in the case was using the mobile application, which was considered exclusively employed by the “FETÖ/PDY”. The Bank Asya account and the participation in the trade union served as supportive evidence due to their affiliation with the terrorist organisation.

Applicant’s submission before the Court of Human Rights

Following his conviction, Mr Yalçınkaya lodged an application with the European Court of Human Rights in 2020 due to alleged violations of his rights under the European Convention on Human Rights.

He relied on Article 6(1) ECHR, which stipulates the right to a fair trial. According to the applicant, there were irregularities regarding the collection and the admissibility of the evidence regarding the ByLock application. Furthermore, according to the applicant, there were difficulties in challenging said evidence, which is an essential procedure constituting a fair trial.

Mr Yalçınkaya also alleged a violation of Article 7 (stipulating that there shouldn’t be a punishment if the act or the omission were not categorised as a crime at the time of committing) and 11 ECHR (stipulating the freedom of assembly and association) because his conviction was based on acts which did not constitute a crime under Turkish law—mainly, the participation in a trade union and the possession of a bank account.

Government’s submission

The Turkish Government argued that a state of emergency justified all measures taken following an attempted military coup. Therefore, according to its representatives, Türkiye has not violated any applicant’s rights under the ECHR. The Government used in its defence article 15 ECHR, which stipulates that in the case of any nation-threatening emergency, the country might derogate from its obligations under the Convention.

Judgement of the Court

Regarding the defence put forward by the Turkish Government regarding Article 15 ECHR, the Court of Human Rights has decided that Article 15 does not allow for a derogation from Article 7 ECHR. Therefore, it will be considered only about the other articles mentioned in the case.

Regarding the violation of Article 7 ECHR, the Court established that it prescribes that only an existing legal provision can define a criminal act and lay out a penalty. Such a law should not be enacted to the detriment of the accused. The Court agreed that article 314(2) of the Turkish Criminal Code and the provisions of the Prevention of Terrorism Act, which constitute the legal framework under which Mr Yalçınkaya was convicted in Türkiye are clear and well-defined enough for the applicant to understand whether he has committed a criminal offence.

Under Turkish legislation, for the convicted to be liable for participation in a terrorist organisation, there has to be proof of his specific knowledge and intent to be a member of the terrorist group. For example, there had to be an “organic link” with the organisation; that link should be continuous, and they must be well aware that the group’s activities are illegal and the person must possess a specific intent to further such unlawful activities. There should also be proof that the accused willingly participated in the organisation’s hierarchical structure. It is not enough that the law was well defined. The law had to be applied precisely, following all of its requirements regarding a conviction. Something the Turkish authorities failed to do.

The ECtHR held that the Turkish authorities failed to prove every requirement of the law but instead automatically presumed that Mr Yalçınkaya was a member of the “FETÖ/PDY” solely because he was using the app ByLock. That assumption was made irrespective of the nature of his messages or the receivers of his messages. The applicant had no opportunity to defend himself nor challenge such presumptions and allegations. Therefore, his rights under Article 7 ECHR were violated as the article aims to ensure safeguards against arbitrary convictions.

The Court also sided with the applicant regarding the violation of Article 6 ECHR, or the right to a fair trial. The Court held that for Article 6 to be ensured correctly, evidence in a problem had to be collected fairly and legally, and the accused should be able to challenge and review the evidence against him. Those are some of the factors required for a fair trial to be ensured.

In this case, the Turkish courts had failed to ensure the safeguards prescribed by Article 6(1) ECHR. Firstly, there was no valid reason why the ByLock data was kept from the applicant, nor why the applicant was not allowed to comment on the evidence against him, which would have also allowed him to challenge its validity. The Courts have also denied the applicants’ request that the ByLock data be submitted to an independent examination to ensure its validity. The disregard for such safeguards constitutes a violation of Article 6 ECHR.

Regarding Article 11 ECHR, the Court held that the applicant’s conviction of membership in a terrorist organisation based on his participation in a trade union constitutes a violation of his rights. The mere participation in a trade union that has operated lawfully before the coup cannot be foreseen as an indication of criminal conduct.

According to the court

There are currently approximately 8,500 applications on the Court’s docket involving similar complaints under Articles 7 and 6 of the Convention, and given that the authorities had identified around 100,000 ByLock users, many more might potentially be lodged. The problems which had led to findings of violations were systemic. Under Article 46 (binding force and implementation of judgments), the Court held that Türkiye had to take general measures appropriate to address those systemic problems, notably regarding the Turkish judiciary’s approach to Bylock evidence.

Following the decision

The Court’s judgement received criticism from the Turkish Minister of Justice Yılmaz Tunç, who described it as unacceptable due to the ECtHR “overstepping its jurisdiction” by examining the credibility or lack of evidence used in the national trial. On the contrary, the applicant’s lawyer, Johan Heymans, characterised the judgement as a “milestone” and stated his belief that the decision of the Court would set an important precedent for similar Turkish cases.

Sources:
YÜKSEL YALÇINKAYA v TÜRKİYE App no 15669/20 (ECtHR, 26 September 2023)

European Court of Human Rights, ‘Türkiye must address systemic problem of convictions for terrorism offences based decisively on accused’s use of the ByLock messaging application’ (Press Release issued by the Registrar of the Court, 26.09.2023) accessed 17 September 2023

<https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=003-7756172-10739780&filename=Grand%20Chamber%20judgment%20Y%C3%BCksel%20Yal%C3%A7inkaya%20v.%20T%C3%BCrkiye%20-%20systemic%20problem%20of%20convictions%20for%20terrorism%20offences%20based%20on%20use%20of%20ByLock%20messaging%20application.pdf

‘Conviction based on app use violated Turkish teacher’s rights, European court rules’ (Euronews, 26 September 2023) <https://www.euronews.com/2023/09/26/conviction-based-on-app-use-violated-turkish-teachers-rights-european-court-rules> accessed 17 September 2023

Educational challenges faced by refugee children in Turkey

Written by Caren Thomas

Refugees are those who have a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Experiencing such fears in early childhood will critically impact a child’s cognitive, social, emotional and physical development.

As articulated in the UN Convention on the Rights of the Child, children have specific rights. These include principles of protection from harm, provision of basic needs, recognition and participation of children as rights holders. 

Through the Temporary Protection Regulation passed in 2014, Syrian refugees are provided specific protection to specific rights, including education, shelter, food, water, housing, social security mechanisms and the labour market.

Via the 2015 EU-Turkey joint action plan, both sides aim for enhanced educational opportunities across all levels and a commitment to assisting the host nation, Turkey, particularly in aspects like infrastructure and various services.

In 2018, the Global Compact on Refugees set a goal that governments should be in a position to include refugee children and youth in the national education systems within the time period of three months of displacement.

The earthquake in February 2023 inflicted additional distress upon refugees and other displaced children in Turkey, particularly impacting their access to education.

Education is a fundamental entitlement for every refugee and individual seeking asylum. Turkey is facing a significant influx of asylum seekers and is also a host to a substantial refugee population, a majority composed of Syrians. Unfortunately, these refugee children are unable to access education due to their circumstances. The existing educational framework for refugees in Turkey is burdened with numerous difficulties and obstacles.

Photo by Julie Ricard on Unsplash.

Documentation

Many enrol in Turkish schools after obtaining an international protection identification document bearing the foreigner identification number. The tuition fee waiver announced by the council of ministers only applies to students from Syria. Turkish classes are offered at Public Education Centres free of charge. For this, the international protection identification document is required. However, if insufficient persons are enrolled, said classes may not commence on the requested enrolment date.

Individuals hailing from Syria are eligible to enrol in Temporary Education Centres, whereas refugees and asylum seekers from different nations are exclusively permitted to register at Turkish public schools. Temporary Educational Centres are schools which provide educational services for persons arriving in Turkey for a temporary period. These were initially staffed by Syrian volunteers who UNICEF and other NGOs financially compensated. As per the Ministry of National Education, a considerable proportion of the refugee children were out of school in 2019. However, there has been a substantial decline in the number of children not attending since the initial years of the Syrian refugee crisis. As of  2017, the Turkish authorities have been implementing measures to integrate Syrian refugees into the country’s public education system.

Statelessness within the Syrian population residing in Turkey presents a notable issue. Challenges persist due to factors such as the lack of proper civil documentation, difficulties in acquiring birth certificates in Turkey, and the citizenship regulations of Syria. Notably, Syrian nationality can only be inherited by a child from their mother if the birth occurs within the borders of Syria.

Within Turkey, if the mother’s relationship with a Syrian or Turkish father is unestablished or unclear, then the child faces the risk of statelessness. An absence of Turkish citizenship or permanent residency leads to them being guests within the country and failing to be integrated into Turkish society.

While Turkey is a signatory to the UN Refugee Convention, it has submitted a request for geographical limitation. Consequently, individuals such as Syrians and those arriving from various other nations are ineligible for complete refugee status in Turkey. Alternatively, they are registered under the “temporary protection” regulation.

This Temporary Protection Regulation allows refugees access to essential resources such as healthcare and education. Once the refugees are registered under the Temporary Protection Regulation, they are required to remain within that province.

Additional issues arise from the lack of recognition of temporary and international protection status in 16 provinces across Turkey. The reduction of 25% to 20% foreign population within a given neighbourhood continues to cause significant issues. Finding jobs becomes a difficulty since the individual is forced to look for jobs only in the area the individual is registered in, thereby limiting the job opportunities that may be available to them in other places, such as Istanbul.

A recurring trend observed worldwide is that during times of crisis, the education sector is frequently the first to be halted and the last to be reinstated. It is crucial to be have access to education regardless of whether you are an international protection applicant or status holder or if you plan to resettle in another country or go back to your country. It helps the children develop skills, stability as well as  integrate them socially and academically into the education system.

Language barriers

In a study conducted, it was seen that the main problem was that of language. The employed teachers did not speak Arabic, and the children, in this case, did not speak Turkish. There are no activities carried out within the classroom setting to facilitate their learning. There is no varied material brought in to help aid their understanding. Teachers need to be provided with vocational training to better facilitate the learning process for refugee children through teaching strategies and teaching aids.

The teachers have little to no awareness on these refugee children, not just from an educational point of view but also on a psychological level. A majority of these students have been subjected to post-traumatic stress disorder, primarily due to the conditions they are coming from.

The children’s communication barrier furthers the issue within education. When the refugee children are put with other students who can speak the Turkish language, they are often subject to mockery, lack confidence and isolation due to the language barrier.

Syrian children and youngsters attending informal education and integration courses at Relief International communıty centre.
Photo by: EU/ECHO/Abdurrahman Antakyali , Gaziantep.

Familial background and trauma

In a gender analysis carried out in 2019 to explore the Syrian refugee journey with a focus on the difficulties encountered by refugees in Turkey, it was observed that a notable portion of Syrian refugee children were not attending school. Among those who were in school, there were elevated levels of trauma. This significantly undermined the educational advancement of these children.

Children were initially not sent to schools since parents felt their stay in the country where they sought asylum would be temporary. However, once the families realised the permanency of their residency in Turkey, the enrolment rate in schools by refugee children steadily increased.

Research has consistently shown the positive effects of education on children who experience post-traumatic stress and develop coping and resilience skills. This can prove particularly helpful and effective for refugee children in the long run.

However, despite the positive impact education has, it comes with complications. An unstable or unsupportive home environment hinders a smooth educational process for these children and impacts the quality of education.

Refugee families typically find themselves having lost all they had. This, alongside  the financial strain, forces their children into early marriage, leading them to drop out of school. Worth mentioning, is that in 2020 there was a drop in boys attending school. It was seen that reasons such as sending children to work due to augmented economic hardship were one of the reasons to withdraw boys from schools.

Decline in services

Natural disasters, epidemics and wars spare no children. Turkey was gripped by conflict following Covid-19 and the earthquake in February 2023. Refugee children are often subject to poverty, poor living conditions, minimal access to safe drinking water, healthcare and food, as well as compelled to work owing to the unfavourable economic circumstances faced by the family, leading to the children being forced to neglect their education. The Conditional Cash Transfer for Education for Syrians and Other Refugees and the Promotion of Integration of Syrian Children into Turkish Education were seen as ways to address the economic barriers to enrolment and attendance.

These children have been victims of distressing experiences at a young age, such as the maiming and death of their near and dear ones. Due to the unstable environment, this results in a delay with their access to education. These children may end up receiving education in inadequate educational facilities, thus hindering their ability to fully grasp and unleash their full potential.

Racism and xenophobia

Instances of racist and xenophobic assaults have experienced a substantial rise as well. This has been further exacerbated by various politicians within the country. This continues to subject refugees from Syria and other places in constant danger throughout schools, homes and workplaces. Taking into consideration the duty Turkey has towards its refugees, especially as a signatory to the UN Refugee Convention, the politicians, members of the government, policymakers, and other influential persons should make a conscious effort not to instigate animosity towards refugees within the country.

Teachers and other resource persons need to make a conscious effort to bring awareness among the children of the host state that discrimination, racism, bullying, and other such acts are unacceptable behaviour. The citizens or parents of the students of the host state also need to be made aware to end discriminatory treatment towards these refugee children and teach their children to be respectful towards their fellow peers. Basic language skills among refugee children would allow for both parties to have a basic level of interaction. If not, refugees will persist in grappling with the notable issue of being excluded and marginalized.

The host nation must actively strive to comprehend the challenges that refugees encounter within an educational environment, encompassing issues like bullying, discrimination, language barriers, and similar concerns. These factors impact the necessity of forging connections and fostering a sense of belonging.

Hatay, Turkey, 9 February 2023. Members of the UK’s International Search & Rescue Team continue working in coordination with other search and rescue teams looking for survivors. Photo by UK ISAR Team

February 2023 earthquake

The earthquake that struck the nation in February 2023 has exacerbated the challenges faced by refugees. Basic resources, such as education, are now inaccessible for children. Several schools are being repurposed as shelters for those affected by the earthquake.

UNICEF has managed to help 140,000 children with access to formal or non-formal education and has provided more than 260,000 children with access to mental health and psychosocial support. UNICEF and AFAD have played an active role in helping the Ministry of National Education with temporary education measures such as tents for catch-up classes and exam preparation. However, even UNICEF recognises the need for longer-term support needed for rebuilding and recovering the lives of these children and their families.

It is a common pattern that education, particularly for vulnerable groups, tends to be disregarded and relegated to a lower priority. This situation could potentially push these vulnerable children into engaging in child labor as a means of supporting themselves or their families during these challenging circumstances. The increase in bias and impoverishment persists among these Syrian refugees, and when combined with the restricted educational access, they find themselves compelled to work merely to sustain their livelihoods.

Conclusions

The hosting country should make efforts to guarantee the integration of displaced children, regardless of their specific classification as refugees, internally displaced persons, asylum seekers, or unaccompanied minors, into the local education system in their respective residential areas.

Considering the massive influx of migration that Turkey receives due to global humanitarian crises, it would be wise if Turkey took an active initiative not only in policy-making but in its implementation regarding the education situation for said displaced children.

Partners within the country as well as internationally should step up to help the Turkish authorities by equipping them with the required support in the form of financial aid, technical assistance, expertise in terms of teachers who have the talent to speak the relevant languages, subject knowledge and to be able to cater to the different kinds of difficulties that come with teaching children that are coming from volatile environments.

It’s important to acknowledge that a teacher tasked with educating refugee children, along with those who are internally displaced, asylum seekers, or unaccompanied minors, is instructing a group that faces challenges beyond what is typically encountered in a standard classroom setting.

These children may have disabilities from birth or due to violence in their countries, have seen family members and friends killed or injured, or have even been victims of sexual violence. It’s highly probable that their education might have been disrupted well before their arrival in the host country. As a result, teachers in these contexts need to possess not only strong teaching skills but also a profound understanding of their classroom environment and a sensitivity to the unique situations they are confronted with. This is a difficult challenge.

The host country and other partners assisting the host country must also be mindful of this fact while hiring teachers and other resource persons. Education, especially for refugees, is exceptionally beneficial for social restructuring and socioeconomic development. 

As the viability of the Turkiye Compact is under ongoing evaluation, particularly given the difficulties involved, its execution would notably contribute to supporting Turkey and enhancing the nation’s economy. Additionally, it would assist refugees in achieving greater self-sufficiency and decreasing their reliance on humanitarian aid funding.

Introducing a universally recognized certification system for these children would enhance the ease of educational transitions, if they were to occur. This system would facilitate enrollment, attendance, retention, progression, and completion, fostering a more inclusive, equitable, and high-quality education for both refugee children and youth.

Ignored, bullied, rejected and discriminated against are common words used to describe the experience of refugee children in schools. It is high time this narration and plight are changed. Turkey must uphold its treaty obligations under the 1951 Refugee Convention, International Covenant on Civil and Political Rights (ICCPR), Convention against Torture and continue to uphold the principle of nonrefoulement. Ensuring education provides a robust platform for children to be emboldened and enrich their future.  It is an immense responsibility that should be shouldered by the state and non-state actors at the local, national and international levels to maximise all efforts to ensure a safe space for these children.

References