Written by Panashe Marie Louise Mlambo
The recent arrest of Melek İpek, the 78-year-old mother of Akın İpek, a prominent Turkish businessman who has been purged from the country, has brought renewed attention to the practice of family punishment in Turkey. This concept, also known as Sippenhaft—a term originating in Nazi Germany—refers to penalising family members for the actions of a relative, particularly in authoritarian regimes. According to the Stockholm Centre for Freedom, Melek İpek was sentenced to over six years in prison for alleged ties to the Gülen Movement, which the Turkish government has designated as a terrorist organisation since 2015 (Stockholm Centre for Freedom, 2023, p. 1).
This is an example of the ongoing violations of the rule of law in Turkey, which mandates that all individuals and institutions, including lawmakers and leaders, are accountable to the same laws. This fundamental principle, which underpins democratic governance, continues to be undermined in Turkey, particularly with respect to freedom of speech and association (Amnesty International, 2022, p. 3).
This article analyses cases like that of Melek İpek, explaining how Turkey’s legal system propagates family punishments and their effects. It further examines various methods employed by the Turkish government, including blacklisting, arbitrary detention, passport revocation, and property confiscation, as forms of collective punishment that undermine the rule of law and individual rights.
Historical Background
Family punishment has roots in authoritarian practices throughout history. The term Sippenhaft was notably used during Nazi Germany to hold family members accountable for the crimes of an individual. In Turkey, this practice has resurfaced as a tactic to suppress dissent against President Recep Tayyip Erdoğan’s administration. The government has systematically targeted relatives of individuals associated with the Gülen Movement, aiming to deter opposition by instilling fear within families (Freedom House, 2023, p. 5).
The Turkish government uses the July 2016 coup attempt as justification for the imprisonment of anyone associated with suspected members of the movement. Anti-terrorism laws have been broadly interpreted to justify extensive crackdowns on dissent. For example, Melek İpek was convicted under these laws for “membership in a terrorist organisation,” reflecting a legal environment where mere association with disfavoured groups can lead to severe penalties. The vagueness of these laws raises significant concerns about due process and individual rights (Human Rights Watch, 2023, p. 7). Additionally, family members with no proven connection to any alleged crimes are frequently targeted, perpetuating a climate of fear and suppression.
Incidents of Family Punishments in Turkey
Melek İpek’s arrest is part of a broader pattern where family members of political dissidents face legal repercussions. Similarly, Enes Kanter Freedom, a former NBA player, has spoken out about the harassment his family faced, which led him to cut ties with them in 2016 (Kanter Freedom, 2016, p. 3). His criticism of the government also resulted in his youth camp in New York being targeted. Another example is journalist Can Dündar, known for exposing government misconduct. His wife faced travel restrictions after his reporting on sensitive issues, such as Turkish intelligence’s arms transfers to Syria (Dündar, 2016, p. 4). Likewise, Hakan Şükür, a former football star and vocal critic of Erdoğan, has seen his relatives harassed and subjected to legal challenges following his departure from Turkey (Freedom House, 2023, p. 8).
The Stockholm Centre for Freedom reports that over two million individuals in Turkey have been blacklisted, including alleged supporters of the Gülen Movement and members of the Kurdish political movement. This blacklisting serves as a punitive measure, circumventing due process and resulting in severe restrictions on daily life. For instance, disabled teenagers have reportedly been denied benefits solely because their fathers were blacklisted (Stockholm Centre for Freedom, 2023, p. 12).
As of July 2023, over 122,000 individuals have been sentenced for alleged links to the Gülen Movement, with 12,108 still in prison. Such measures highlight the expansive reach of the government’s punitive practices, which extend far beyond individuals to encompass their families (Amnesty International, 2022, p. 15).
Legal Framework and Implications
The Gülen Movement was officially designated as a terrorist organisation (Fethullah Terrorist Organisation – FETO) in 2016, enabling the government to arrest and detain individuals under anti-terrorism statutes. By July 2023, over 117,000 terrorism-related convictions had been recorded (United Kingdom Government, 2023, p. 9).
This legal framework permits arbitrary detention without due process for individuals suspected of links to the Gülen Movement. Family members of alleged dissidents, including spouses and children, are frequently detained to coerce compliance or silence dissent. The Turkish government has faced widespread criticism for using vague definitions of terrorism to justify these actions (Human Rights Watch, 2023, p. 11). However, a lack of international accountability has allowed such practices to persist.
The erosion of judicial independence in Turkey further exacerbates these issues. Judges and lawyers have been dismissed or imprisoned for defending dissenting voices, leading to a judiciary that enables politically motivated prosecutions and undermines fair trial rights (Amnesty International, 2022, p. 17).
The Consequences
The implications of Melek İpek’s case extend beyond her individual circumstances. By extending punitive measures to family members, the government effectively discourages dissent and creates a culture of fear. Vulnerable populations, such as the elderly and disabled, are disproportionately affected. For instance, elderly individuals like Melek İpek suffer health complications exacerbated by detention, while disabled individuals are denied state benefits due to familial affiliations (Stockholm Centre for Freedom, 2023, p. 20).
The international community, including organisations such as Amnesty International, has condemned Turkey’s human rights record. Reports highlight abuses linked to anti-terrorism laws and call for reforms to protect individual rights. However, meaningful action, such as imposing sanctions or initiating diplomatic interventions, remains limited (Amnesty International, 2022, p. 22).
Conclusion
Melek İpek’s arrest serves as a stark reminder of the Turkish government’s systematic use of family punishment as a tool for suppressing dissent. The legal framework surrounding her case reflects broader trends within Turkey’s authoritarian regime, where anti-terrorism laws are wielded to justify human rights violations and erode the rule of law. Addressing these systemic issues will be crucial for Turkey to restore individual freedoms and uphold democratic principles. The international community must take decisive action to hold the Turkish government accountable and advocate for the protection of human rights (Amnesty International, 2022, p. 25).
Reference List
- Stockholm Centre for Freedom. (2024). Family punishment in Turkey. Stockholm Centre for Freedom. Retrieved from https://stockholmcf.org/wp-content/uploads/2024/07/Family-Punishment-in-Turkey.pdf
- Loeffel, R. (2012). Family punishment in Nazi Germany: Sippenhaft, terror and myth. Palgrave Macmillan. https://doi.org/10.1057/9781137021830
- UK Home Office. (2023). Country policy and information note: Gülenist movement, Turkey. Retrieved from https://www.gov.uk/government/publications/turkey-country-policy-and-information-notes/475f9b93-76c5-4312-b918-68756604f8ed
- BBC News. (2016). Turkey coup attempt: US basketball star Enes Kanter disowns family. Retrieved from https://www.bbc.com/news/world-us-canada-37024429
- Middle East Eye. (n.d.). We are arrested: How one explosive story led Can Dündar to jail, exile and his life on stage. Retrieved from https://www.middleeasteye.net/discover/we-are-arrested-how-one-explosive-story-led-can-dundar-jail-exile-and-his-life-stage
- Nordic Monitor. (2021). Turkey issues 9 arrest warrants for top goal scorer who turned a critic of Erdoğan regime. Retrieved from https://nordicmonitor.com/2021/08/turkey-issues-9-arrest-warrants-for-top-goal-scorer-who-turned-a-critic-of-erdogan-regime/