Freedom Of Expression In Turkey
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Human rights in
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
are protected by a variety of
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
treaties, which take precedence over domestic legislation, according to Article 90 of the 1982
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
. The
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
(ICCPR) was not signed by Turkey until 2000. As of today, however, Turkey is party to 16 out of 18 international
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
treaties of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. The issue of human rights is of high importance for the negotiations with the European Union (EU). Acute human rights issues include in particular the status of
Kurds in Turkey The Kurds are the largest ethnic minority in Turkey. According to various estimates, they compose between 15% and 20% of the population of Turkey.; ; Sandra Mackey , “The reckoning: Iraq and the legacy of Saddam”, W.W. Norton and Company, ...
. The
Kurdish–Turkish conflict Kurdish nationalism, Kurdish nationalist uprisings have periodically occurred in Turkey, beginning with the Turkish War of Independence and the consequent transition from the Ottoman Empire to the modern Turkish state and continuing to the prese ...
has caused numerous
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
violations over the years. There is an ongoing debate in the country on the
right to life The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as ...
,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
,
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
as well as freedoms of
religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
,
assembly Assembly may refer to: Organisations and meetings * Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions * General assembly, an official meeting of the members of an organization or of their representa ...
and
association Association may refer to: *Club (organization), an association of two or more people united by a common interest or goal *Trade association, an organization founded and funded by businesses that operate in a specific industry *Voluntary associatio ...
. In 2009, the Human Rights Foundation of Turkey released two reports detailing human rights abuses including torture, ill-treatment and isolation of small groups in prison. The reports documented 419 deaths in custody in a period of 15 years of military rule with 39 deaths recorded in prison in 2008 alone. Under the state of emergency powers, crackdown on the media freedom increased with several journalist arrested and held in prisons, media outlets shuttered or taken over by the state on the allegations of terrorism, “anti-state activities” and “denigrating Turkishness” or “insulting Islam”. Turkey still keeps laws which are seen as undemocratic or authoritarian, such as prohibiting minorities to get a primary education in their mother tongue. The country's largest minority, the
Kurds ug:كۇردلار Kurds ( ku, کورد ,Kurd, italic=yes, rtl=yes) or Kurdish people are an Iranian ethnic group native to the mountainous region of Kurdistan in Western Asia, which spans southeastern Turkey, northwestern Iran, northern Ir ...
, which comprise 15% of the population, have no right to self-determination even though Turkey has signed the ICCPR. In March 2017, the United Nations accused the Turkish government of "massive destruction, killings and numerous other serious human rights violations" against the ethnic Kurdish minority.


Commitment to international human rights law

The
Republic of Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
has entered various
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
commitments, some of which are expressed in the 1982 Turkish Constitution, Part Two of which guarantees "fundamental rights and freedoms" such as the
right to life The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as ...
,
security of person Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, th ...
, and
right to property The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
. In addition, Turkey has signed a number of treaties, shown in the tables below: :*The
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
was signed in 1949.Report of State Party – Turkey by the Office of the United Nations High Commissioner of Human Rights, 2001
– See section 84
:*The
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
(1954) places Turkey under the jurisdiction of the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECtHR). In 1987, Turkey accepted the right to apply individually to the ECtHR (Article 25 of the European Convention on Human Rights = ECHR) and 1990 recognised the compulsory jurisdiction of the European Court of Human Rights under Article 46 of the ECHR. In October 2009 the European Commission on Enlargement to the European Union attested regarding Turkey that On October 18, 2017, Council of Europe Secretary General
Thorbjørn Jagland Thorbjørn Jagland (born Thorbjørn Johansen; , 5 November 1950) is a Norwegian politician from the Labour Party. He served as the secretary general of the Council of Europe from 2009 to 2019. He served as the 32nd prime minister of Norway from ...
called for the release of human rights activists detained in Turkey in a telephone call with Turkish Justice Minister
Abdulhamit Gül Abdulhamit Gül ( tr, Abdülhamit Gül; born 12 March 1977) is a Turkish politician and former Minister of Justice. He is a member of the Grand National Assembly of Turkey from Gaziantep. He was previously the General Secretary of the Justice ...
.


European Court of Human Rights judgments

Turkey's human rights record has long continued to attract scrutiny, both internally and externally. According to the Foreign Ministry, Turkey was sentenced to 33 million euros in 567 different cases between 1990—when Turkey effectively allowed individual applications to the European Court of Human Rights (ECtHR)—and 2006.Duvakli, Melik. JİTEM’s illegal actions cost Turkey a fortune, ''
Today's Zaman ''Today's Zaman'' (Zaman is Turkish for 'time' or 'age') was an English-language daily newspaper based in Turkey. Established on 17 January 2007, it was the English-language edition of the Turkish daily '' Zaman.'' ''Today's Zaman'' included dom ...
'', 27 August 2008; reprinted b
Info Turk edition 360, August 2008
Most abuses were done in the South-East, in the frame of the
Kurdish–Turkish conflict Kurdish nationalism, Kurdish nationalist uprisings have periodically occurred in Turkey, beginning with the Turkish War of Independence and the consequent transition from the Ottoman Empire to the modern Turkish state and continuing to the prese ...
. In 2007, there were 2830 applications lodged against the Republic of Turkey before the ECtHR and consequently 331 judgments on the merits have been issued affirming 319 violations and 9 non-violations. In 2008, Turkey ranked second after
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
in the list of countries with the largest number of human rights violation cases open at the European Court of Human Rights, with 9,000 cases pending as of August 2008. In 2011, the ECtHR issued 159 judgments that found violations by Turkey, the most of any country, with Russia coming second at 121 judgments. Between 1 November 1998 and 31 December 2008 the ECtHR received 24,945 applications from Turkey. It declared 2,237 cases admissible and 13,615 inadmissible.Statistics compiled by using th
official data of the ECtHR
/ref> During the same time it reached 1,905 judgments finding at least one violation in 1,652 cases. While there are hardly any decision regarding Article 14 of the European Convention of Human Rights (ban of discrimination), many judgments concerning Article 2 (right to life) and Article 3 of the convention (ban of torture) were taken on procedural grounds rather than testifying an involvement of State agencies. According to the European Commission on Enlargement of the EU Turkey continued to make progress on the execution of ECtHR judgments. All pecuniary compensation was paid on time, totalling €5.2 million in 2008. The ECtHR has heard nine cases against Turkey concerning political party bans by the
Constitutional Court of Turkey The Constitutional Court of Turkey ( tr, , sometimes abbreviated as ''AYM'') is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the for ...
.Turkey: Party Case Shows Need for Reform – Ruling Party Narrowly Escapes Court Ban
''
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
'', 31 July 2008
In all but one case (which concerned the Islamist Welfare Party), the European Court has ruled against the decision to ban, finding Turkey in violation of articles 10 and 11 of the European Convention (freedom of expression and freedom of association). The ECtHR's decision concerning the Welfare Party has been criticized for lack of consistency with its other decisions, in particular by
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
. One ECtHR judgment sentenced Turkey to a 103,000 euros fine for its decisions about the Yüksekova Gang (aka "the gang with uniforms"), related to the
JİTEM Jandarma İstihbarat ve Terörle Mücadele or Jandarma İstihbarat Teşkilatı (abbr. ''JİTEM'' or ''JİT''; English: "Gendarmerie Intelligence and Counter-Terrorism" or "Gendarmerie Intelligence Organization") is the unofficial and illegal intel ...
clandestine gendarmerie intelligence unit. The EHCR also sentenced in 2006 Turkey to a 28,500 Euros fine for the JİTEM murder of 72-year-old
Kurdish Kurdish may refer to: *Kurds or Kurdish people *Kurdish languages *Kurdish alphabets *Kurdistan, the land of the Kurdish people which includes: **Southern Kurdistan **Eastern Kurdistan **Northern Kurdistan **Western Kurdistan See also * Kurd (dis ...
writer Musa Anter, in 1992 in Diyarbakir. Other cases include the 2000 Akkoç v. Turkey judgment, concerning the assassination of a trade-unionist; or the
Loizidou v. Turkey ''Loizidou v. Turkey'' is a landmark legal case regarding the rights of refugees wishing to return to their former homes and properties. The European Court of Human Rights ruled that Titina Loizidou, and consequently all other refugees, have the ...
case in 1996, which set a precedent in the
Cyprus dispute The Cyprus problem, also known as the Cyprus dispute, Cyprus issue, Cyprus question or Cyprus conflict, is an ongoing dispute between Greek Cypriots in the south and Turkish Cypriots in the north. Initially, with the Modern history of Cyprus#In ...
, as the ECtHR ordered Turkey to give financial compensation to a person expelled from the Turkish-controlled side of Cyprus. The ECtHR also awarded in 2005 Kurdish deputy Leyla Zana €9000 from the Turkish government, ruling Turkey had violated her rights of free expression. Zana, who had been recognized as prisoner of conscience by
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
and had been awarded the
Sakharov Prize The Sakharov Prize for Freedom of Thought, commonly known as the Sakharov Prize, is an honorary award for individuals or groups who have dedicated their lives to the defence of human rights and freedom of thought. Named after Russian scientis ...
by the
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
, had been jailed in 1994, allegedly for being a member of the outlawed PKK, but officiously for having spoken Kurdish in public during her parliamentary oath.


The right to live

The right to live may be threatened by other means than the death penalty. In particular during the 1990s there were many instances of extrajudicial executions, (political) killings by unidentified perpetrators (''faili meçhul cinayetler'') and cases of "disappearances".


Capital punishment

The death penalty has not been implemented in Turkey since 1984. Turkey abolished the sentence for peace time offences in 2002 and for all offences in 2004. The sentence was replaced by aggravated life imprisonment (''ağırlaştırılmış müebbet hapis cezası''). According to Article 9 of Law 5275 on the Execution of Sentences these prisoners are held in individual cells in high security prisons and are allowed to exercise in a neighbouring yard one hour per day.


Extrajudicial executions

In 1990
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
published its first report on
extrajudicial executions An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...
in Turkey. In the following years the problem became more serious. The Human Rights Foundation of Turkey determined the following figures on extrajudicial executions in Turkey for the years 1991 to 2001: In 2001 the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir, presented a report on a visit to Turkey.Th
full report as pdf-file
; accessed on 10 September 2009
The report presented details of killings of prisoners (26 September 1999, 10 prisoners killed in a prison in Ankara; 19 December 2000, an operation in 20 prisons launched throughout Turkey resulted in the death of 30 inmates and two gendarmes). For the years 2000–2008 the Human Rights Association (HRA) gives the following figures on doubtful deaths/deaths in custody/extra judicial execution/torture by paid village guards In 2008 the human rights organization Mazlum Der counted 25 extrajudicial killings in Turkey.


Unsolved killings

The mass violations of human rights in the mainly Kurdish-populated southeast and eastern regions of Turkey in the 1990s took the form of enforced disappearances and killings by unknown perpetrators which the state authorities showed no willingness to solve. In 2009 the Human Rights Association stated that up to the end of 2008 a total of 2,949 people had been killed by unknown perpetrators and 2,308 people had become victims of extrajudicial executions. A parliamentary commission to research killings by unknown perpetrators (''faili meçhul cinayetleri araştırma komisyonu'') was founded in 1993 and worked for about two years. Many members complained that they had not been assisted and their work had been undermined.'' Radikal'', 24 October 2008
Faili meçhul komisyonu üyeleri 1000 cinayeti 15 yıl önce görmüştü...
/ref> One member of the commission,
Eyüp Aşık Eyüp Aşık (born 1953, Çaykara) is a former Turkish people, Turkish politician. He represented Trabzon (electoral district), Trabzon in the Grand National Assembly of Turkey for the Motherland Party (Turkey), Motherland Party (ANAP) from 1983 to ...
, stated that the Turkish Hezbollah had been behind many of these killings and added that the State had had three effective arms in the fight against terrorism: special teams,
village guards Village guards ( tr, Korucular lit. "Rangers"), officially known as ''Türkiye Güvenlik Köy Korucuları'' ("Security Village Guards of Turkey"), are Gendarmerie General Command-aligned Border guards involved in the Kurdish-Turkish conflict, mos ...
and Hezbollah. Although he had witnessed about 80 actions of Hezbollah in Adıyaman province the then Minister for the Interior had said that there was nothing by that name. This in turn had made him believe that the State supported Hezbollah. Human Rights Watch (HRW) first called for an investigation of links between Hezbollah and the security forces in 1992. In a separate report HRW stated: Based on the data of the Interior Ministry, the daily "Zaman" reported that between 1987 and 2001 a total of 2,914 political killings, 1,334 of them in the responsibility area of the police and 1,580 in area of the gendarmerie, were committed in the Eastern and Southern Eastern Anatolia Regions. 457 of the killings in areas of the police and 1,291 in areas of the gendarmerie had not been clarified.Quote taken from the English version of the Annual Report 2001 of the Human Rights Foundation of Turkey, Ankara 2003, p. 68, The following figures were presented in the annual reports of the HRFT between 1990 and 2001 The Human Rights Association (HRA) presents the following figures for the years 1999 to 2008: The Human Rights Association Mazlumder presented figures on killing by unknown assailants and suspicious death for the years 2005 to 2008:


"Disappearances"

In Turkey, the military campaign against Kurdish secessionists in Eastern Anatolia has been accompanied by numerous enforced disappearances, which also gave rise to judgments of the European Court of Human Rights to murder. There were only a handful of cases of "disappearances" in Turkey in the 1980s, but a high number of deaths in custody. The opposite was true for the 1990s, when the number of people who "disappeared" after having been abducted by agents of the States rapidly kill, each other increased. In 1998 the UN Working Group on Enforced or Involuntary Disappearances issued a Report on the visit to Turkey by two members of the Working Group from 20 to 26 September 1998. It stated ''inter alia'': In her report of 18 December 2001 the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir, wrote: While the number of cases of abductions or "disappearances" have decreased over the last few years, at the time of the Special Rapporteur’s visit such incidents still did occur, particularly in the remote areas of south-east Turkey, and there was deep concern at the recent disappearance of two persons. In some places on the Internet a list attributed to the HRA can be found (but not on the website of the HRA). It is said that the original list contained 839 names, but that adding further names the list covered 1,251 names in the end. In a revised list that covers only the time between 1980 and 1999 Helmut Oberdiek reached a figure of 818 cases of "disappearances" in Turkey. The '' Saturday Mothers'' held weekly protests against "disappearances" between May 1995 and 1999. They had to suspend their action on 13 March 1999 after week 200, because of intense pressure, detention and ill-treatment. In March 2009 the Saturday Mothers took their action up again.


Torture

The widespread and systematic use of torture in Turkey was first observed by Amnesty International (AI) after the
1971 Turkish coup d'état The 1971 Turkish military memorandum ( tr, 12 Mart Muhtırası), issued on 12 March that year, was the second military intervention to take place in the Republic of Turkey, coming 11 years after its 1960 predecessor. It is known as the "coup by m ...
. Until 2002 the organization continued to speak of systematic torture in Turkey. Günter Verheugen, Commissioner for Enlargement of the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
went to Turkey in September 2004 and maintained that torture was no longer systematic practice in Turkey. The Human Rights Association (HRA) protested against this evaluation and pointed at recent figures and definitions of systematic torture by the European Committee for the Prevention of Torture and the UN Committee against Torture. Since 2005 incidents of torture seem to be on the rise. According to an October report by the Prime Ministry's Human Rights Presidency (HRP), the number of torture and cruel treatment cases reported in the first six months of the year surpassed the number reported in the first half of 2007. The HRP reported that, in the first half of the year, 178 persons reported cruel treatment and 26 reported torture, up from 79 reports of cruel treatment and 17 reports of torture during the same period in 2007. In the report on progress of November 2008 the European Commission stated, "the number of applications to NGOs in relation to cases of torture and ill-treatment has increased, in particular outside official places of detention, notably during apprehension, transfer, or in the open with no detention registered... There is a lack of prompt, impartial and independent investigation into allegations of human rights violations by members of security forces."Report of the EU Commission – Enlargement of 5 November 2008
accessed on 16 September 2009
In the 2009 annual report Amnesty International stated: "Reports of torture and other ill-treatment rose during 2008, especially outside official places of detention but also in police stations and prisons." In its 2012 Annual Review, Freedom from Torture the UK charity which works with survivors of victims of torture, stated that the charity had received 79 referrals of individuals from Turkey for clinical treatment and other services.


Deaths in custody

An important characteristics of the period following the 12 September 1980 military intervention was the disregard to the right to life and the increase in torture cases and deaths due to torture. The HRFT published two reports on Deaths in Custody (14 and 15 years since the military take over) presenting a list of 419 deaths in custody (in 15 years) with a suspicion that torture might have been the reason. Another 15 deaths were attributed to hunger strikes while
medical neglect In the context of caregiving, neglect is a form of abuse where the perpetrator, who is responsible for caring for someone who is unable to care for themselves, fails to do so. It can be a result of carelessness, indifference, or unwillingness and ...
was given as the reason for 26 deaths. On the basis of this list Helmut Oberdiek compiled a revised list for 20 years (12 September 1980 to 12 September 2000) and concluded that in 428 cases torture may have been the reason for the death of prisoners. In 2008 alone the Human Rights Foundation of Turkey reported of 39 deaths in prison. In some cases torture was involved. In 2012, two prison guards and an official were given life sentences for the torture death of activist
Engin Çeber Engin Çeber (May 5, 1979 – October 8, 2008) was a Turkish human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of ...
, the first such verdict in Turkey's history.


Poor living conditions in Turkish prisons

Turkey has repeatedly been criticized for allowing poor living conditions to exist in its prisons and in particular, it has been criticized for not doing anything to solve the problem of overcrowded prisons. Following the
1980 Turkish coup d'état The 1980 Turkish coup d'état ( tr, 12 Eylül Darbesi), headed by Chief of the General Staff General Kenan Evren, was the third coup d'état in the history of the Republic of Turkey, the previous having been the 1960 coup and the 1971 coup by ...
political prisoners tried in military courts were held in military prisons and were thus subjected to military discipline. Prisoners were obliged to participate in daily roll-calls, the singing of marches and drills in the open air.Report of Amnesty Internationa
Turkey: The Istanbul Devrimci Sol Trial
online edition, accessed on 18 September 2009
In particular,
Diyarbakır Diyarbakır (; ; ; ) is the largest Kurdish-majority city in Turkey. It is the administrative center of Diyarbakır Province. Situated around a high plateau by the banks of the Tigris river on which stands the historic Diyarbakır Fortress, ...
and Mamak Military Prisons (the latter in
Ankara Ankara ( , ; ), historically known as Ancyra and Angora, is the capital of Turkey. Located in the central part of Anatolia, the city has a population of 5.1 million in its urban center and over 5.7 million in Ankara Province, maki ...
) became notorious for the routine beatings which accompanied attempts to enforce military discipline among civilians. In addition, so-called "inaugural-beatings" had been institutionalized in almost all prisons in Turkey. In 2008, allegations of ill-treatment in prisons and allegations of ill-treatment of prisoners during their transfers continued to be made. Small-group isolation remained a problem across the prison system for people who were accused or convicted of politically motivated offences. The Human Rights Foundation of Turkey registered 39 deaths in prison. In March 2020, following the publication of reports which documented the life-threatening living conditions which existed in prisons during the
COVID-19 pandemic The COVID-19 pandemic, also known as the coronavirus pandemic, is an ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The novel virus was first identif ...
, the government of
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
published a draft of a document in which it stated that it was preparing to release 100,000 inmates. However,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
and several other human rights organizations stated that they were still concerned about journalist and human rights defenders, who as per the government’s perceived policies, will remain behind bars.


Freedom of religion

Although its population is overwhelmingly
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
, Turkey claims to be a secular country per Article 24 of the Turkish Constitution. The two main Islamic streams in Turkey are
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
and Alevi. In
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
Alevi are the minority, estimated at 17 percent of the Muslim population.The report of Amnesty International o
Prosecution of Religious Activists
was published in November 1987
Religious education is compulsory in primary and secondary education (Article 24 of the Constitution). Mainly
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
theology Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...
is taught. The government oversees Muslim religious facilities and education through its
Directorate of Religious Affairs The Directorate of Religious Affairs in Turkey ( tr, Diyanet İşleri Başkanlığı, normally referred to simply as the Diyanet) is an official state institution established in 1924 by the orders of Mustafa Kemal Atatürk under article 136 of t ...
, which is under the authority of the Prime Ministry. The Directory regulates the operation of the country's 77,777 registered mosques and employs local and provincial imams, who are civil servants. Sunni imams are nominated and paid by the state. The Alevis pray in '' cemevis''. "''Cemevleri''" (places of gathering) have no legal status as places of worship in the state. However,
Kuşadası Kuşadası () is a large resort town on Turkey's Aegean Sea, Aegean coast, and the center of the seaside district of the same name within Aydın Province. Kuşadası is south of İzmir, and about from Aydın. The municipality's primary industry ...
and Tunceli municipalities ruled in 2008 that Alevi ''cemevleri'' are considered places of worship. Exact figures on the non-Islamic population in Turkey are not available. Some sources estimate the Christian population between three and five percent. Their communities mainly exist in
Istanbul Istanbul ( , ; tr, İstanbul ), formerly known as Constantinople ( grc-gre, Κωνσταντινούπολις; la, Constantinopolis), is the List of largest cities and towns in Turkey, largest city in Turkey, serving as the country's economic, ...
with
Armenian Armenian may refer to: * Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia * Armenians, the national people of Armenia, or people of Armenian descent ** Armenian Diaspora, Armenian communities across the ...
and Greek-Orthodox Christians; in southeastern Turkey other groups like the
Syriacs Terms for Syriac Christians are endonymic (native) and exonymic (foreign) terms, that are used as designations for ''Syriac Christians'', as adherents of Syriac Christianity. In its widest scope, Syriac Christianity encompass all Christian deno ...
and
Yazidi Yazidis or Yezidis (; ku, ئێزیدی, translit=Êzidî) are a Kurmanji-speaking endogamous minority group who are indigenous to Kurdistan, a geographical region in Western Asia that includes parts of Iraq, Syria, Turkey and Iran. The majo ...
(a syncretistic faith) can be found. In the big cities
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
and other communities such as the
Jehovah's Witnesses Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in ...
exist. According to the
Treaty of Lausanne The Treaty of Lausanne (french: Traité de Lausanne) was a peace treaty negotiated during the Lausanne Conference of 1922–23 and signed in the Palais de Rumine, Lausanne, Switzerland, on 24 July 1923. The treaty officially settled the conflic ...
only the Armenian, Greek and Jewish communities are recognized as minorities. According to the human rights organization
Mazlumder The Association for Human Rights and Solidarity for the Oppressed (known as MAZLUMDER an abbreviation of its Turkish name: "İnsan Hakları ve Mazlumlar İçin Dayanışma Derneği") is a non-governmental human rights organization based in Turkey. ...
, the military charged individuals with lack of discipline for activities that included performing Muslim prayers or being married to women who wore headscarves. In December 2008 the General Staff issued 24 dismissals, five of which pertained to alleged Islamic fundamentalism.


Freedom of expression

Article 26 of the Constitution guarantees
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. Articles 27 and 28 of the Constitution guarantee the "freedom of expression" and "unhindered dissemination of thought". Paragraph 2 of Article 27 affirms that "the right to disseminate shall not be exercised for the purpose of changing the provisions of Articles 1, 2 and 3 of heConstitution", articles in question referring to the
unitary Unitary may refer to: Mathematics * Unitary divisor * Unitary element * Unitary group * Unitary matrix * Unitary morphism * Unitary operator * Unitary transformation * Unitary representation * Unitarity (physics) * ''E''-unitary inverse semigroup ...
, secular, democratic and
republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
an nature of the state. Law 765 (the old penal code) that entered into force on 1 March 1926 restricted freedom of expression, despite several amendments.Se
Background to the Legal System
accessed on 11 October 2009
Law 5237 that replaced the old penal code on 1 June 2005 preserved several provisions that restrict freedom of thought and expression. A number of special laws such as the Law 5816 (offences against the memory of Atatürk), Press Law and the Law on Political Parties also restrict freedom of expression.The report of Amnesty International Turkey: Human Rights Denied appeared in November 1988 (AI Index: EUR/44/65/88); the report can b
accessed as scanned images
Freedom of expression are the page (images 3–6)
In the 1970s and 1980s the Articles 141 (membership of communist organizations), 142 (communist or separatist propaganda) and 163 (membership of or propaganda for anti-secular organizations) of Law 765 (the Turkish Penal Code, TPC) were most frequently used to punish peaceful opposition. On 12 April 1991 Law 3713 on the ''Fight against Terrorism'' (or Anti-Terror Law, ATL) entered into force. It abolished these provisions, but retained part of Article 142 TPC in Article 8 ATL. Journalists, politicians, human rights defenders and trade unionists were convicted under this provision, often simply for having used the word "
Kurdistan Kurdistan ( ku, کوردستان ,Kurdistan ; lit. "land of the Kurds") or Greater Kurdistan is a roughly defined geo-cultural territory in Western Asia wherein the Kurds form a prominent majority population and the Kurdish culture, Kurdish la ...
". After the European Court of Human Rights had passed more than 100 judgments finding a violation of Article 10 of the European Convention of Human Rights some changes were made to existing legislation. Article 8 of the ATL was abolished by Law 4928 of 30 July 2003. Another frequently used Article 312/2 of the TPC (incitement to hatred and enmity) was amended by Law 4744 of 9 February 2002. The new version narrowed the use of this Article by introducing the condition "if the incitement might endanger public order". The new wording (and sentences) for such an "offence" are now contained in Article 216 of Law 5237. The sentence that mere criticism should not be punishable under Article 159 of Law 765 (denigrating Turkishness, the Republic or the Grand National Assembly of Turkey) was added to the law text, although this had already been established in the case law. The "offence" is now described in Article 301 of Law 5237. After severe criticism from NGOs and European institutions Article 301 was once again amended on 30 April 2008. The amendments introduced a requirement for permission to be obtained from the Justice Minister in order to launch a criminal investigation. Human Rights Watch reported on July 26, 2017, that Over the past year, hundreds of outlets have been shuttered or taken over under state of emergency powers. More than 160
journalist A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
s and media workers are now in
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
or pretrial detention, according to Turkish media watchdog NGO P24. They include 10 of the Cumhuriyet staff currently on
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
. Following the adoption of the amendments to Article 301, Turkish courts had forwarded, by September 2008, 257 cases to the Minister of Justice for prior authorisation. The Minister had reviewed 163 cases and refused to grant permission to proceed in 126 cases. The Minister of Justice authorised the criminal investigations to continue in 37 cases. This included one case which was initiated following a statement made by a Turkish writer on the Armenian issue shortly after the assassination of the Turkish journalist of Armenian origin, Hrant Dink. Other legal provisions that restrict freedom of expression include Articles 215, 216 and 217 of the Turkish Criminal Code, that criminalise offences against public order, and the Anti-Terror Law have been applied to prosecute and convict those expressing non-violent opinions on Kurdish issues. The use of the
Turkish alphabet The Turkish alphabet ( tr, ) is a Latin-script alphabet used for writing the Turkish language, consisting of 29 letters, seven of which (Ç, Ğ, Dotless I, I, İ, Ö, Ş and Ü) have been modified from their Latin originals for the phonetic requ ...
is mandated by law, reflecting the historic transition from an Arabic to a Latin script. According to the
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
2019 report, Turkey has the maximum number of jailed journalists. In February 2018, prominent journalists
Ahmet Altan Ahmet Hüsrev Altan (born 2 March 1950) is a Turkish journalist and author. A working journalist for more than twenty years, he has served in all stages of the profession, from being a night shift reporter to editor in chief in various newspaper ...
,
Mehmet Altan Mehmet Hasan Altan (born 11 January 1953) is a Turkish academic economist, journalist, and author of over 25 books. Describing himself as a "Marxist-liberal", he is the originator of the term "Second Republic", arguing that Turkey needs to recon ...
and
Nazlı Ilıcak Nazlı Ilıcak (born Ayşe Nazlı Çavuşoğlu; 14 November 1944) is a prominent Turkish journalist and writer. She was a deputy of the Virtue Party, elected in the 1999 Turkish general election, losing her seat when the party was banned in 20 ...
were sentenced to life imprisonment without parole on the couped charges. On 3 July 2020, in a high-profile trial, a Turkish court sentenced the honorary chair of
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
Turkey, Taner Kilic, to six years and three months in jail, accusing him for being a member of terror organization. The organization's former director İdil Eser was also sentenced to two years and one month, along with members Günal Kursun and Özlem Dalgiran, on same charges. The human rights group denied all the charges. Human rights organizations claimed that holding individuals charged with terrorism offenses in prolonged pre-trial detention continued to be widely used in Turkey and raised concerns regarding it becoming a form of summary punishment. On 21 February 2022, the
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
reported that Öztürk Türkdoğan, co-chair of the Human Rights Association (Turkey), was prosecuted for his legitimate human rights work.
Ankara Ankara ( , ; ), historically known as Ancyra and Angora, is the capital of Turkey. Located in the central part of Anatolia, the city has a population of 5.1 million in its urban center and over 5.7 million in Ankara Province, maki ...
prosecutors prepared three indictments against Türkdoğan in a single month for speeches and statements that do not advocate violence. On March 19, 2021, police briefly detained Türkdoğan from his home and confiscating his laptop and phone. He was later released with a travel ban imposed on him. On 25 June 2022, the
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
reported that Turkish authorities detained the head of the Human Rights Association, Öztürk Türkdoğan, prominent human rights lawyer,
Eren Keskin Eren Keskin (born April 24, 1959 in Bursa, Turkey) is a Kurdish lawyer and human rights activist in Turkey. She is the vice-president of the Turkish Human Rights Association (İHD) and a former president of its Istanbul branch. She co-founded the ...
, and several relatives of victims of enforced disappearances from the Saturday Mothers/People 900th vigil. The authorities also prevented a peaceful vigil by human rights defenders demonstrating on behalf of people who have been forcibly disappeared in Turkey. On 14 October 2022, the OHCHR expressed concern over the adoption by Turkiye’s Parliament of a package of amendments to various laws “that risk curtailing freedom of expression” in the country. One of the amendments was a revision of the criminal code that establishes sentences of up to three years in prison for “publicly disseminating false information” on digital platforms. Under international human rights law, freedom of expression is not limited to ‘truthful’ information, but applies to ‘information and ideas of all kinds. On 26 October 2022, Turkish authorities arrested and detained the head of Turkey's medical association,
Şebnem Korur Fincancı Şebnem Korur Fincancı (born 1959) is a Turkish medic, former professor, and current president of the Turkish Medical Association (TBB). She is an internationally renowned expert on human rights and a member of the Human Rights Foundation of Tu ...
. Her arrest was linked to a statement she made in the press on the occasion of a conference she gave in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
on 19 October 2022, about allegations of the use of chemical weapon by Turkey in Kurdistan regional federation of
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
.


Freedom of the media

According to the
Committee to Protect Journalists The Committee to Protect Journalists (CPJ) is an American independent non-profit, non-governmental organization, based in New York City, New York, with correspondents around the world. CPJ promotes press freedom and defends the rights of journa ...
, the AKP government has waged one of the world's biggest crackdowns on
media freedom Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerci ...
. Many journalists have been arrested using charges of "terrorism" and "anti-state activities" such as the Ergenekon and Balyoz cases, while thousands have been investigated on charges such as "denigrating Turkishness" or "insulting Islam" in an effort to sow self-censorship. In 2017, the CPJ identified 81 jailed journalists in Turkey (including the editorial staff of '' Cumhuriyet'', Turkey's oldest newspaper still in circulation), all directly held for their published work (ranking first in the world in 2017, with more journalists in prison than in Iran, Eritrea or China); while in 2015 Freemuse identified nine musicians imprisoned for their work (ranking third in that year after Russia and China). In 2015 Turkey's media was rated as ''not free'' by Freedom House. In its resolution "The functioning of democratic institutions in Turkey" on 22 June 2016, the
Parliamentary Assembly of the Council of Europe The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law. The Assembly is made up o ...
warned that "recent developments in Turkey pertaining to freedom of the media and of expression, erosion of the rule of law and the human rights violations in relation to anti-terrorism security operations in south-east Turkey have (...) raised serious questions about the functioning of its democratic institutions." On 29 April 2017, Turkish authorities blocked online access to Wikipedia in all languages across Turkey. The restrictions were imposed in the context of the purges that followed the coup attempt, a few weeks after a significant constitutional referendum, and following more selective partial blocking of Wikipedia content in previous years. Following the ban,
Jimmy Wales Jimmy Donal Wales (born August 7, 1966), also known on Wikipedia by the pseudonym Jimbo, is an American-British Internet entrepreneur, webmaster, and former financial trader. He is a co-founder of the online non-profit encyclopedia Wikipedi ...
, Wikipedia's founder, was disinvited from the World Cities Expo in
Istanbul Istanbul ( , ; tr, İstanbul ), formerly known as Constantinople ( grc-gre, Κωνσταντινούπολις; la, Constantinopolis), is the List of largest cities and towns in Turkey, largest city in Turkey, serving as the country's economic, ...
from 15 to 18 May. Turkish law professor Yaman Akdeniz estimated that Wikipedia was one of about 127,000 websites blocked by Turkish authorities. An estimated 45 percent of Turks have circumvented the Internet blocks, at one time or another, by using a
virtual private network A virtual private network (VPN) extends a private network across a public network and enables users to send and receive data across shared or public networks as if their computing devices were directly connected to the private network. The be ...
(VPN). On 15 January 2020 access started being progressively restored, after the Constitutional Court ruled that the ban violated freedom of expression, 991 days after the block had started.


2016 coup crackdown

After the
2016 Turkish coup d'état attempt On 15 July 2016, a faction within the Turkish Armed Forces, organized as the Peace at Home Council, attempted a coup d'état against state institutions, including the government and President Recep Tayyip Erdoğan. They attempted to seize cont ...
, the government of President
Recep Tayyip Erdoğan Recep Tayyip Erdoğan (born 26 February 1954) is a Turkish politician serving as the List of presidents of Turkey, 12th and current president of Turkey since 2014. He previously served as prime minister of Turkey from 2003 to 2014 and as Lis ...
declared a state of emergency and began an ideological purge of government and civil society. The government blamed its former ally the Gülen movement for the coup, and had declared it a
terrorist organization A number of national governments and two international organizations have created lists of organizations that they designate as terrorist. The following list of designated terrorist groups lists groups designated as terrorist by current and fo ...
in late 2015. The purge was criticized internationally, including by UN High Commissioner for Human Rights
Zeid Ra'ad Al Hussein Prince Zeid bin Ra'ad bin Zeid al-Hussein ( ar, زيد ابن رعد الحسين; born 26 January 1964) is a Jordanian former diplomat who is the Perry World House Professor of the Practice of Law and Human Rights at the University of Pennsylvan ...
and U.S. Secretary of State
John Kerry John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party (Unite ...
, who also condemned the coup attempt. Critics said the Turkish government was using terrorist affiliation as a pretense to suppress dissent and punish political opponents of Erdoğan generally. The government has alleged affiliation with the Gülen movement or with the
Kurdistan Workers' Party The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of south ...
(also listed as a terrorist organization) as a reason for firings and arrests. The purge has resulted in the dismissal of tens of thousands of government employees, including thousands of police and teachers. Arrests have included thousands of members of the military; about a third of the judges in the country; Kurdish activists, mayors, governors, and members of parliament, especially those affiliated with the HDP (which opposed the coup); and journalists. More than 50,000 people have been arrested and over 160,000 fired from their jobs. Various television stations, radio stations, newspapers, magazines, and publishing houses were shut down, and tens of thousands of passports were revoked. A lot of international media attention and international diplomatic negotiations followed the arrest of ten Human Right's defenders in July 2017, and they became known internationally as the Istanbul 10. Wikipedia was blocked in Turkey between April 2017 – January 2020.


Conscientious objection

There is currently no provision for conscientious objection. Article 72 of the Turkish Constitution states: "National service is the right and duty of every Turk. The manner in which this service shall be performed, or considered as performed, either in the Armed Forces or in public service, shall be regulated by law." This in principle would allow for a non-military alternative. Turkey,
Belarus Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by R ...
and
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
are the only European countries that have not introduced any legislation on conscientious objection. In January 2006, the European Court of Human Rights ruled that Turkey had violated Article 3 of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
that prohibits degrading treatment in a case relating to Osman Murat Ulke, the first conscientious objector to be imprisoned for his objection. Another conscientious objector,
Mehmet Tarhan Mehmet Tarhan (born 1978) is a Kurdish conscientious objector who was imprisoned for refusing military service.
, was sentenced to four years in prison by a military court in 2005 for refusing to do his military service, but he was later released in March 2006. However, he is still a convict and shall be arrested on sight. In a related case, journalist
Perihan Mağden Perihan Mağden (born 24 August 1960) is a Turkish writer. She was a columnist for the newspaper ''Taraf''. She was tried and acquitted for calling for opening the possibility of conscientious objection to mandatory military service in Turkey. ...
was tried and acquitted by a Turkish court for supporting Tarhan and advocating conscientious objection as a human right. Since 1989, 74 people have refused to perform compulsory military service in Turkey. Only six of them have been tried for being a conscientious objector or sent to the military unit they were assigned to after being captured.See a
article
in the Turkish daily ZamanToday of 8 September 2009
COs may be punished under Article 63 of the Turkish Military Penal Code for avoiding military service. COs who attract media attention or publish articles about their refusal to perform military service may also be punished to between six months’ and two years' imprisonment under Article 318 of the Turkish Criminal Code for "alienating the people from the armed forces". In 2004, a new Criminal Code was introduced (Law No 5237). Under the previous Criminal Code, "alienating people from the armed forces" was punishable under Article 155 with a similar term of imprisonment.Country report of the Quakers
2005
Some members of religious denominations who forbid their members to bear arms, in particular
Jehovah’s Witnesses Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in ev ...
, have also refused to perform military service. Members of Jehovah's Witnesses have regularly been sentenced to imprisonment under Article 63 of the Penal Code for avoiding military service. In recent years, Jehovah's Witnesses are reportedly regularly allowed to perform unarmed military service within the armed forces. They have complied with this. Muhammed Serdar Delice, a young Muslim, declared his conscientious objection to military service in 2011 and argued that his objection was based on his Muslim faith. After serving a few months in the Armed Forces he claimed that he had experienced disrespectful interference with his religious practice, as well as indoctrination about Turkey's three-decade-old war with Kurdish insurgents. Most Kurds are fellow Muslims. Further instances of imprisonment included * Halil Savda: He was sentenced to 21.5 months' imprisonment * Mehmet Bal: He was repeatedly imprisoned in 2002, 2003 and 2008. He was allegedly beaten in prison. The
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
and the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
have regularly called upon Turkey to legally recognise the right to conscientious objection. In March 2004, the Parliamentary Assembly of the Council of Europe stated that: "Despite Turkey’s geostrategic position, the Assembly demands that Turkey recognises the right to conscientious objection and introduce an alternative civilian service." In September 2009 the Turkish press reported that the Turkish government is considering creating regulations regarding conscientious objectors. According to the amendment planned on the issue, those refusing to perform compulsory military service will no longer be forcibly drafted to the military while they are under detention and will be able to be defended by a lawyer while being tried. They will also be able to benefit from the Probation Law.


Quotes on free opinion in Turkey

* Amnesty International: "Human rights defenders, writers, journalists and others were unjustly prosecuted under unfair laws and subjected to arbitrary decisions by judges and prosecutors. Courts also acted disproportionately when shutting down websites on the basis of posted items. People expressing dissenting views remained at risk, with individuals threatened with violence by unknown individuals or groups. Police bodyguards were provided in a number of cases." * Human Rights Watch: "Critical and open debate increased, even as restrictions on free speech continue." *
US Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other ...
: "The government limited freedom of expression through the use of constitutional restrictions and numerous laws, including articles of the penal code prohibiting insults to the government, the state, the "Turkish nation," or the institution and symbols of the republic. Limitations on freedom of expression applied to the Internet, and courts and an independent board ordered telecommunications providers to block access to Web sites on approximately 1,475 occasions." *
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
: "There has been some progress in the efforts to strengthen the safeguards for freedom of expression, which is a priority of the Accession Partnership. However, only a consistent track record of implementation will show whether or not the revised article is adequate."


Freedom of assembly

Article 34 of the 1982 Constitute (as amended on October 17, 2001) states, "Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission." Restrictions may only be introduced on the grounds of national security, and public order, or prevention of crime commitment, public health and public morals or for the protection of the rights and freedoms of others. Article 3 of Law 2911 on demonstrations and meeting provides, "Everybody has the right to hold unarmed and peaceful assembly without prior permission." Nevertheless, Amnesty International stated in 2009 that the right to freedom of peaceful assembly was denied, and law enforcement officials used excessive force to disperse demonstrations. Deaths due to excessive police force during demonstrations have a long history in Turkey. They include * Taksim Square massacre of 1 May 1977, death toll varies between 34 and 42 * Further casualties on 1 May Labour Day (all in Istanbul): ** 1989: 1 person killed ** 1996: 3 demonstrators killed. * Newroz celebrations; usually on or around 21 March each year ** Newroz 1991: 31 people shot dead The annual report of the Human Rights Foundation of Turkey (HRFT) reported that one demonstrator was killed in Nusaybin.Annual Report 1991, Ankara January 1992, (Turkish version) page 62 ** Newroz 1992: The Newroz festivities left at least 91 people dead in three towns of the southeast,
Cizre Cizre (; ar, جَزِيْرَة ٱبْن عُمَر, Jazīrat Ibn ʿUmar, or ''Madinat al-Jazira'', he, גזירא, Gzira, ku, Cizîr, ''Cizîra Botan'', or ''Cizîre'', syr, ܓܙܪܬܐ ܕܒܪ ܥܘܡܪ, Gāzartā,) is a city in the Cizre Dis ...
, Şırnak and Nusaybin, and 9 others elsewhere in the region, and according to
Helsinki Watch Helsinki Watch was a private American non-governmental organization established by Robert L. Bernstein in 1978, designed to monitor the former Soviet Union's compliance with the 1975 Helsinki Accords. Expanding in size and scope, Helsinki Watch be ...
, 'all or nearly all of the casualties resulted from unprovoked, unnecessary and unjustified attacks by Turkish security forces against peaceful Kurdish civilian demonstrators'. ** Newroz 1993: Three people were killed in
Adana Adana (; ; ) is a major city in southern Turkey. It is situated on the Seyhan River, inland from the Mediterranean Sea. The administrative seat of Adana Province, Adana province, it has a population of 2.26 million. Adana lies in the heart ...
and
Batman Batman is a superhero appearing in American comic books published by DC Comics. The character was created by artist Bob Kane and writer Bill Finger, and debuted in Detective Comics 27, the 27th issue of the comic book ''Detective Comics'' on ...
. * Different occasions ** Funeral of Vedat Aydin in Diyarbakir in June 1991, 15 people were shot dead The annual report of the HRFT reported that seven demonstrators were killed. ** During a demonstration in Digor because of the 9th anniversary of the beginning of the armed fight of the PKK on 15 August 1984. 15 demonstrators were killed. ** 20 people died in Gazi and 1 May quarter of Istanbul during an unrest that started with shots on coffee shop frequented by Alevis. ** Funeral of PKK militants at the end of March 2006: 13 people were killed in Diyarbakir and further places In July 2017 Turkey arrested in the eve of the G20 summit in Hamburg from ‘digital security and information management workshop’ 12 persons. They included Idil Eser, head of Amnesty International Turkey,
Peter Steudtner Peter Steudtner (born 1971 in Berlin) is a German human rights activist and documentary filmer. On 5 July 2017 Steudtner, along with nine other human right defenders, was arrested by Turkish security forces. Before his arrest, he was invited by ...
, a hotel owner and a Swedish and German trainee. Activists detained included Ilknur Üstün of the Women’s Coalition, lawyer Günal Kursun and Veli Acu of the Human Rights Agenda Association.


Freedom of association

The law provides for freedom of association. Under the law persons organizing an association do not need to notify authorities beforehand, but an association must provide notification before interacting with international organizations or receiving financial support from abroad, and must provide detailed documents on such activities. The Constitution affirms the right of workers to form
labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" (Article 51). Articles 53 and 54 affirm the right of workers to
bargain collectively Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
and to strike, respectively. Until March 2008 a total of 26 political parties had been banned, two of them before the Constitutional Court (the place where such decisions are taken) was established on 25 April 1962. This figure does not include the 18 political parties that were banned immediately after the 1980 coup d'état and dissolved on 16 October 1981. The Grand National Assembly of Turkey passed Law 2533 on 19 June 1992 allowing these parties to be opened again. The Foundation for social, economic and political research (TESAV) has detailed information on the closure of political parties. They list ten political parties (instead of two) that were closed before the Constitutional Court was established. The details are (in collapsible tables) 1. political parties closed before the Constitutional Court was founded: 2. Political parties closed by the Constitutional Court For the number of associations, trade unions, political parties and cultural centres that were closed down or raided the Human Rights Association presented the following figure for the years 1999 to 2008:


Ethnic rights

Though Turkey is a land of vast ethnic, linguistic and religious diversity – home not only to Turks, Kurds and Armenians, but also, among others, Alevis, Ezidis, Assyrians, Laz, Caferis, Roma,
Greeks The Greeks or Hellenes (; el, Έλληνες, ''Éllines'' ) are an ethnic group and nation indigenous to the Eastern Mediterranean and the Black Sea regions, namely Greece, Cyprus, Albania, Italy, Turkey, Egypt, and, to a lesser extent, oth ...
, Caucasians and Jews, the history of the state is one of severe repression of minorities in the name of nationalism. According to Article 66 of the Turkish Constitution, "everyone bound to the Turkish state through the bond of citizenship is a Turk". The Constitution affirms the principle of the indivisibility of the Turkish Nation,
Nation State A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may inc ...
and of constitutional
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
that is not based on ethnicity. Consequently, the word "Turkish" legally refers to all citizens of Turkey, though individual interpretation can be more limited. According to the constitution, there are no minority rights since all citizens are Turks. This constitutional article ignore the basic ethnic and religious minority rights. Although the Treaty of Lausanne, before the proclamation of the Republic, guarantees some rights to non-Muslim minorities, in practise Turkey has recognised only Armenians, Greeks and Jews as minorities and excluded other non-Muslim groups, such as Assyrians and Yazidis, from the minority status and these rights. Advocacy for protection of minorities' rights can lead to legal prosecutions as a number of provisions in Turkish law prohibits creation of minorities or alleging existence of minorities, such as Article 81 of the Law on Political Parties.


Kurdish people

Following the
dissolution of the Ottoman Empire The dissolution of the Ottoman Empire (1908–1922) began with the Young Turk Revolution which restored the constitution of 1876 and brought in multi-party politics with a two-stage electoral system for the Ottoman parliament. At the same tim ...
in the aftermath of
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and the establishment of the Republic of Turkey in 1923, some Kurdish tribes, which were still
feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...
(
manorial Manorialism, also known as the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes forti ...
) communities led by chieftains ('' agha''), became discontent about certain aspects of Atatürk's reforms aiming to modernise the country, such as
secularism Secularism is the principle of seeking to conduct human affairs based on Secularity, secular, Naturalism (philosophy), naturalistic considerations. Secularism is most commonly defined as the Separation of church and state, separation of relig ...
(the Sheikh Said rebellion, 1925) and
land reform Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural ...
(the Dersim rebellion, 1937–1938), and staged armed revolts that were put down with military operations. The
Kurdistan Workers' Party The Kurdistan Workers' Party or PKK is a Kurdish militant political organization and armed guerrilla movement, which historically operated throughout Kurdistan, but is now primarily based in the mountainous Kurdish-majority regions of south ...
(designated a terrorist organisation by Turkey, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
and
NATO The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
) was founded in 1978 by a group of Kurdish militants led by
Abdullah Öcalan Abdullah Öcalan ( ; ; born 4 April 1949), also known as Apo (short for Abdullah in Turkish and Kurdish for "uncle"), is a political prisoner and founding member of the militant Kurdistan Workers' Party (PKK). Öcalan was based in Syria from ...
, seeking the foundation of an independent,
Marxist–Leninist state A communist state, also known as a Marxist–Leninist state, is a one-party state that is administered and governed by a communist party guided by Marxism–Leninism. Marxism–Leninism was the state ideology of the Soviet Union, the Comint ...
in the region, which was to be known as Kurdistan. The initial reason given by the PKK for this was the oppression of Kurds in Turkey. A full-scale insurgency began in 1984, when the PKK announced a Kurdish uprising. Since the conflict began, more than 40,000 people have died, most of whom were Turkish Kurds. Following the arrest and imprisonment of Abdullah Öcalan in 1999, the PKK modified its demands into equal rights for ethnic Kurds and provincial autonomy within Turkey. Due to the large population of Kurdish people, successive governments have viewed the expression of a Kurdish identity as a potential threat to Turkish unity, a feeling that has been compounded since the armed rebellion initiated by the PKK in 1984. One of the main accusations of cultural assimilation comes from the state's historic suppression of the Kurdish language. Kurdish publications created throughout the 1960s and 1970s were shut down under various legal pretexts. Following the military coup of 1980, the Kurdish language was officially prohibited from government institutions.Toumani, Meline
Minority Rules
''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'', 17 February 2008
The letters W, X or Q present in the uncorroborated Kurdish alphabet is not recognized. Between 1959 and 2011, the European Court of Human Rights has condemned Turkey for the thousands of human rights abuses against Kurdish people. Many judgments are related to cases such as civilian deaths in aerial bombardments, torturing, forced displacements, destroyed villages,
arbitrary arrest Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law ...
s, murdered and disappeared Kurdish journalists, activists and politicians. Since 2002, as part of its reforms aimed at European Union integration and under pressure to further the rights of Kurds, Turkey passed laws allowing Kurdish radio and television broadcasts as well the option of private Kurdish education. In 2010 a master level and in 2011 a graduate level university program were started and a Kurdish Language and Literature Department was established in the state-owned
Mardin Artuklu University Mardin Artuklu University (MAU) is a university located in Mardin, Turkey. It was established in 2007. Language programs In 2009, the university was allowed to open a Kurdish language Kurdish (, ) is a language or a group of languages spo ...
.''First undergrad Kurdish department opens in SE'' Hürriyet Daily News, 24 September 2011 In August 2009, Turkish government has restored the Kurdish name of one Kurdish village, and was considering allowing religious sermons to be made in Kurdish in rural villages as part of reforms to answer the grievances of the ethnic minority and advance its EU candidacy. More than 4,000 Kurds were arrested in 2011, including dozens of journalists and politicians. Mass trials of local deputies, mayors, academics and human rights activists have occurred in Diyarbakir. Hundreds of Kurds remain in pre-trial detention, some of them for many months. In January 2013, the Turkish parliament passed a law that permits use of the Kurdish language in the courts, albeit with restrictions. The law was passed by votes of the ruling AKP and the pro-Kurdish rights opposition party BDP, against criticism from the secularist CHP party and the nationalist MHP, with MHP and CHP deputies nearly coming to blows with BDP deputies over the law. In spite of their support in the parliament, the BDP was critical of the provision in the law that the defendants will pay for the translation fees and that the law applies only to spoken defense in court but not to a written defense or the pre-trial investigation. According to one source the law does not comply with EU standards. Deputy prime minister of Turkey Bekir Bozdağ replied to criticism of the law from both sides saying that the fees of defendants who does not speak Turkish will be paid by the state, while, those who speak Turkish yet prefer to speak in the court in another language will have to pay the fees themselves. European Commissioner for Enlargement Stefan Füle welcomed the new law. In February 2013, Turkish prime minister
Recep Tayyip Erdoğan Recep Tayyip Erdoğan (born 26 February 1954) is a Turkish politician serving as the List of presidents of Turkey, 12th and current president of Turkey since 2014. He previously served as prime minister of Turkey from 2003 to 2014 and as Lis ...
said during a meeting with Muslim opinion leaders, that he has "positive views" about
imam Imam (; ar, إمام '; plural: ') is an Islamic leadership position. For Sunni Muslims, Imam is most commonly used as the title of a worship leader of a mosque. In this context, imams may lead Islamic worship services, lead prayers, ser ...
s delivering sermons in Turkish, Kurdish or Arabic, according to the most widely spoken language among the mosque attendees. This move received support from Kurdish politicians and human rights groups.


Minority languages

Despite the improvement of minorities language rights in Turkey, the only language of instruction in the education system is
Turkish language Turkish ( , ), also referred to as Turkish of Turkey (''Türkiye Türkçesi''), is the most widely spoken of the Turkic languages, with around 80 to 90 million speakers. It is the national language of Turkey and Northern Cyprus. Significant sma ...
. Minority languages are illegal to use as a main languages in the education. Minorities are allowed to study their languages only as a minor subject in private and public educational institutions. Until reforms that started in 2002, there were legal restrictions on publishing in minority languages except for Greek,
Armenian Armenian may refer to: * Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia * Armenians, the national people of Armenia, or people of Armenian descent ** Armenian Diaspora, Armenian communities across the ...
and
Hebrew Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
which are the languages of minorities officially recognized by the Lausanne Treaty. Since September 2002, those minorities, too, have the right to operate private courses that teach any language spoken in Turkey. Some of the Kurdish courses were closed down by their owners in 2005 due to their limitations and a lack of interest. However, as of 2010, there were active Kurdish language minor subject courses with increasing number of students. In 2010, state-owned Mardin Artuklu University started a master-level Kurdish language and literature ("Kurdology")program. Dicle University, another Turkish state university in Diyarbakır, started to give Kurdish courses in June 2011. In September 2011, the first undergraduate level Kurdish Language and Literature Department in Turkey was opened in the Mardin Artuklu University. According to the deputy rector of the university, this was not only the first university department on this subject in Turkey, but also the first one of the whole world. NGOs have called on Turkey to adopt the definitions of the
European Charter for Regional or Minority Languages The European Charter for Regional or Minority Languages (ECRML) is a European treaty (CETS 148) adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe. However, the ...
. If Turkey were to become a signatory to this treaty, it would have to accept and subsidise the education of minorities in their own
first language A first language, native tongue, native language, mother tongue or L1 is the first language or dialect that a person has been exposed to from birth or within the critical period. In some countries, the term ''native language'' or ''mother tongu ...
s, and that for at least all the period of mandatory education. To this day 21 member states of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
out of 49 have proceeded with ratification. The state-owned TRT has been broadcasting short programmes in a number of minority languages, including Bosnian,
Arabic Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...
, Kabardian and
Kurdish Kurdish may refer to: *Kurds or Kurdish people *Kurdish languages *Kurdish alphabets *Kurdistan, the land of the Kurdish people which includes: **Southern Kurdistan **Eastern Kurdistan **Northern Kurdistan **Western Kurdistan See also * Kurd (dis ...
, since July 2003. The legal basis were the Regulation on the Language of Radio and Television Broadcasts of December 2002 In the beginning TV programs were restricted to 45 minutes per day; radio programs had a limit of 60 minutes per day. In June 2006 the restrictions were lifted for music and film programs in minority languages. In the 21st century some reforms have taken place to improve the cultural rights of ethnic minorities in Turkey, such as the establishment of
TRT Kurdî TRT Kurdî is the first national television station that broadcasts in Kurdish dialect of Kurmanji and in Zazaki. On the channels sixth anniversary it changed its name from TRT 6 into TRT Kurdi. The channel has been mostly met with criticism fr ...
,
TRT Arabi TRT Arabia, () is an Arabic television channel of TRT, broadcasting to Arabic-speaking audiences in Turkey and the Middle East, 24 hours a day, on subjects, events, and news as well as soap operas from and pertaining to Turkey. It was launched on ...
and
TRT Avaz TRT Avaz is a channel broadcast by the Turkish Radio and Television Corporation with focusing on Turkey and Balkans. It was launched in Turkey on March 21, 2009 and broadcasts throughout the Balkans, Turkic Central Asia, the Middle East, and the C ...
by the
TRT The Turkish Radio and Television Corporation (TRT; Turkish : ) is the national public broadcaster of Turkey, founded in 1964. TRT was for many years the only television and radio provider in Turkey. Before the introduction of commercial radio i ...
.


Other discrimination


Women

In the 1930s, Turkey became one of the first countries in the world to give full political rights to
women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or Adolescence, adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female hum ...
, including the right to elect and be elected locally (in 1930) and nationwide (in 1934). Therefore, the Constitution was amended.Questions and Answers on Women's Right
Turkish, prepared by the Human Rights Agenda Association; accessed on 14 October 2009
Article 10 of the Turkish Constitution bans any
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
, state or private, on the grounds of
sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, oft ...
. Turkey elected a female
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, Tansu Çiller in 1995. It is also the first country which had a woman,
Tülay Tuğcu Tülay Tuğcu (born June 12, 1942 in Ankara) is a retired Turkish judge. She was the President of the Constitutional Court of Turkey, Chief Justice of Turkey. She retired on June 12, 2007. Biography Tuğcu was born in Ankara and attended TED C ...
, as the President of its Constitutional Court. In addition, Turkish Council of State, the supreme court for administrative cases, also has a woman judge Sumru Çörtoğlu as its president. However, representation of women in political and decision-making bodies is low. In the
Grand National Assembly of Turkey The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
the percentage of women is 9.1 (17.3 percent is the average in the world). In 1975 the percentage was 10.9 and in 2006 it was 16.3. Only 5.58 percent of mayors are women and in the whole of Turkey there is one governor (among 81) and 14 local governors. Since 1985, Turkish women have the right to freely exercise
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
s in the first 10 weeks of pregnancy and the right to contraceptive medicine paid for by the Social Security. Modifications to the Civil Code in 1926 gave the right to women to initiate and obtain a
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
; a right still not recognized in Malta, an EU country. Nevertheless, in Eastern and
Southeastern Anatolia The Southeastern Anatolia Region ( tr, Güneydoğu Anadolu Bölgesi) is a geographical region of Turkey. The most populous city in the region is Gaziantep. Other examples of big cities are Şanlıurfa, Diyarbakır, Mardin and Adıyaman. It is ...
regions, older attitudes prevail among the local
Kurdish Kurdish may refer to: *Kurds or Kurdish people *Kurdish languages *Kurdish alphabets *Kurdistan, the land of the Kurdish people which includes: **Southern Kurdistan **Eastern Kurdistan **Northern Kurdistan **Western Kurdistan See also * Kurd (dis ...
,
Turkish Turkish may refer to: *a Turkic language spoken by the Turks * of or about Turkey ** Turkish language *** Turkish alphabet ** Turkish people, a Turkic ethnic group and nation *** Turkish citizen, a citizen of Turkey *** Turkish communities and mi ...
and
Arab The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...
populations, where women still face
domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
, forced marriages, and so-called
honor killing An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
s. To combat this, the government and various other foundations are engaged in education campaigns in Southeastern
Anatolia Anatolia, tr, Anadolu Yarımadası), and the Anatolian plateau, also known as Asia Minor, is a large peninsula in Western Asia and the westernmost protrusion of the Asian continent. It constitutes the major part of modern-day Turkey. The re ...
to improve the rate of literacy and education levels of women. In 2008, critics have pointed out that Turkey has become a major market for foreign women who are coaxed and forcibly brought to the country by international mafia to work as
sex slaves Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This include ...
, especially in big and touristic cities. A 2008 poll by the Women Entrepreneurs Association of Turkey showed that almost half of urban Turkish women believe economic independence for women is unnecessary reflecting, in the view of psychologist Leyla Navaro, a heritage of patriarchy.


Children

Child labor is a minor yet still occurring issue in Turkey. Despite the Government's moderate advancement in eliminating child labor and its worst forms, children continue to engage in agricultural activities for the most part. In 2013, the U.S. Department of Labor reported that 2.6% (corresponding to around 320,000 children) of children aged 5 to 14 work, and that 57% of them are found in the agricultural sector, 15% in the industrial sector and 27% in services. Even though these children's work remains seasonal, the fact that child labor still occurs is partly due to the fact that agricultural enterprises with a very limited workforce are not subject to Government law. In December 2014, the Department's ''
List of Goods Produced by Child Labor or Forced Labor The ''List of Goods Produced by Child Labor or Forced Labor'' is an annual publication issued by the United States Government’s Bureau of International Labor Affairs at the U.S. Department of Labor. It has been published within the December 2014 D ...
'' reported 8 goods produced exclusively by child labor in Turkey. The majority of these products are agricultural goods including cotton, cumin, hazelnuts, peanuts, pulses and sugar beets. In March 2021, a report published by the Human Rights Foundation of Turkey claimed that more than 3,000 students have suffered from rights violations during protests and demonstrations in turkey between 2015 and 2019.


Sexuality

Homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
sexual relationships between consenting adults in private are not a crime in Turkey. The
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
for both heterosexual and homosexual sex is eighteen. On the other hand, the criminal code has vaguely worded prohibitions on "public exhibitionism" and "offenses against public morality" that are sometimes used to discriminate against the
LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...
community. As of 2006, Turkey neither has a law permitting homosexuals to get married, nor does it have a law against the discrimination of Turkey's LGBT community.
Lambda Istanbul Lambda Istanbul is a Turkish LGBT organization. It was founded in 1993 as a cultural space for the LGBT community, and became an official organization in 2006. Clandestine Pride events were held in Turkey starting in 1993, and with Lambda Istan ...
, a LGBT organization founded in 1996, was dissolved in May 2008 following a court decision. The prosecution argued that its objectives went against "the law and morality", but Human Rights Watch has criticized the decision, claiming it had been closed only on procedural grounds. On 28 November 2008, the Supreme Court of Appeals overturned an Istanbul court's decision ordering the closure of the lesbian, gay, bisexual, and transgender solidarity organization, Lambda Istanbul. Homosexuals have the right to
exemption from military service Exemption may refer to: * Tax exemption, which allows a certain amount of income or other value to be legally excluded to avoid or reduce taxation * Exemption (Catholic canon law), an exemption in the Roman Catholic Church, that is the whole or ...
, if they so request, only if their "condition" is verified by medical and psychological tests, which often involves presenting humiliating, graphic proof of homosexuality, and anal examination. Discrimination against
LGBT people The LGBT community (also known as the LGBTQ+ community, GLBT community, gay community, or queer community) is a loosely defined grouping of lesbian, gay, bisexual, transgender, and other queer individuals united by a common culture and social ...
in Turkey is widespread. According to a 2013 survey by the
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
, 78% of Turkish respondents believe that
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
is not accepted by society."The Global Divide on Homosexuality."
''
Pew Research Center The Pew Research Center is a nonpartisan American think tank (referring to itself as a "fact tank") based in Washington, D.C. It provides information on social issues, public opinion, and demographic trends shaping the United States and the w ...
''. 4 June 2013.
The killing of Ebru Soykan, a prominent transgender human rights activist, on March 10, 2009, "shows a continuing climate of violence based on gender identity that authorities should urgently take steps to combat," Human Rights Watch said on 13 March 2009.Quoted for instance a
Gays Without Border
accessed on 14 October 2009
News reports and members of a Turkish human rights group said that an assailant stabbed and killed Ebru, 28, in her home in the center of Istanbul. Members of Lambda Istanbul, which works for the rights of lesbian, gay, bisexual, transgender, and transsexual (LGBTT) people, told Human Rights Watch that in the last month Ebru had asked the Prosecutor's Office for protection from the man who had beaten her on several occasions and threatened to kill her. Lambda Istanbul was told that a few weeks ago police detained the man but released him two hours later. The same man is under police custody as the murder suspect. On 21 May 2008 Human Rights Watch published a 123-page report documenting a long and continuing history of violence and abuse based on sexual orientation and gender identity in Turkey. Human Rights Watch conducted more than 70 interviews over a three-year period, documenting how gay men and transgender people face beatings, robberies, police harassment, and the threat of murder. The interviews also exposed the physical and psychological violence lesbian and bisexual women and girls confront within their families. Human Rights Watch found that, in most cases, the response by the authorities is inadequate if not nonexistent.


Disabled citizens

The UN Convention on the Rights of Persons with Disabilities was signed by the Turkish Republic on 30 March 2007. The convention was discussed in TBMM (Turkish Grand National Assembly) on 8 May 2008 and it was ratified on 3 December 2008. In July 2005 Law 5378 on Disabled People was enacted. In one particular case, an advocacy group for people with mental disabilities called
Mental Disability Rights International Disability Rights International (DRI), formerly Mental Disability Rights International, is a Washington, DC based human rights advocacy organization dedicated to promoting the human rights and full participation in society of persons with disabilit ...
criticized the treatment of the mentally ill in a report called "Behind Closed Doors: Human Rights Abuses in the Psychiatric Facilities, Orphanages and Rehabilitation Centers of Turkey". As a result of this criticism, Turkey's largest psychiatric hospital, the
Bakırköy Psychiatric Hospital Bakırköy Psychiatric Hospital, short for Bakırköy Mazhar Osman Mental Health and Neurological Diseases Education and Research Hospital ( tr, Bakırköy Prof. Dr. Mazhar Osman Ruh Sağlığı ve Sinir Hastalıkları Eğitim Araştırma Hastanesi ...
in
Istanbul Istanbul ( , ; tr, İstanbul ), formerly known as Constantinople ( grc-gre, Κωνσταντινούπολις; la, Constantinopolis), is the List of largest cities and towns in Turkey, largest city in Turkey, serving as the country's economic, ...
, abolished the use of "unmodified" ECT procedures.


Racism

Analysts pointed (in 2010) to
racism Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
and hate speech on the rise in
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, including against
Armenians Armenians ( hy, հայեր, ''hayer'' ) are an ethnic group native to the Armenian highlands of Western Asia. Armenians constitute the main population of Armenia and the ''de facto'' independent Artsakh. There is a wide-ranging diaspora ...
and against
Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
. The report says "If one goes through the press in Turkey, one would easily find cases of racism and hate speech, particularly in response to the deplorable carnage and suffering in Gaza. These are the cases in which there is no longer a distinction between criticizing and condemning Israel's acts and placing Jews on the firing line."


Religious

Mistreatment of religious minorities is a common problem in Turkey and is sometimes sanctioned by the state's leadership. Christians for example live in fear of persecution and suffer from discriminatory laws that give non-Muslims disadvantages in comparison to the country's Muslim majority. Among the discriminated religious minorities in Turkey are the
Alevis Alevism or Anatolian Alevism (; tr, Alevilik, ''Anadolu Aleviliği'' or ''Kızılbaşlık''; ; az, Ələvilik) is a local Islamic tradition, whose adherents follow the mystical Alevi Islamic ( ''bāṭenī'') teachings of Haji Bektash Veli, wh ...
, whose "Muslimness" is still unconfirmed. As a result of national and government policy, their religious rights are also restricted and at many instances are a persecuted religious minority.


Hate crimes

During 2008 there has been an increase in "hate crimes" in Turkey originating from racism, nationalism and intolerance.Handbook of the Human Rights Agenda Association on Hate Crimes in Turkey
; accessed on 14 October 2009
Despite provisions in the Constitution and the laws there have been no convictions for a hate crime so far, from either racism or discrimination. Since the beginning of 2006 a number of killings were committed in Turkey against people of ethnic or religious minorities or different sexual orientation or social sexual identity. Article 216 of the Turkish Penal Code provides for a general ban of publicly inciting people to hatred and disgust. Turkey does not appear to be the scene of large-scale or overt expressions of racism against individuals in the strictest sense of term. However, one of the main challenges facing Turkey in the field of
European Commission against Racism and Intolerance European Commission against Racism and Intolerance (ECRI) is the Council of Europe’s independent human rights monitoring body specialised in combating antisemitism, discrimination, racism, religious intolerance, and xenophobia. It publishes perio ...
(ECRI) concerns would appear to be the need to reconcile the strong sense of national identity and the wish to preserve the unity and integrity of the State with the right of different minority groups within Turkey to express their own sense of ethnic identity, for example through the maintenance and development of linguistic and cultural aspects of that identity.


Internally displaced people

Around a million people became displaced from towns and villages in south-eastern Turkey during the 1980s and 1990s as a result of the insurgent actions of the Kurdistan Workers’ Party (PKK) and the counter-insurgency policies of the Turkish government. The Migrants’ Association for Social Cooperation and Culture (GÖÇ-DER) was founded in Istanbul in 1997. Branches were later established in Diyarbakir, Van and Hakkari. GÖÇ-DER has been sued five times for its activities. Four of them ended in acquittal. One case demanding the closure of GÖÇ-DER Diyarbakir is still pending after the Court of Cassation cancelled the decision of Diyarbakir Judicial Court No. 1 not to band the association. This court has to hear the case again and scheduled the next hearing for 2 February 2010. In July 2008
Beşir Atalay Beşir Atalay (; born 1947) is a Turkish people, Turkish politician who was Deputy Prime Minister of Turkey in the government of Recep Tayyip Erdoğan from 2011 to 2014. Previously he was minister of interior from 28 August 2007 to 14 July 2011. ...
, Minister of the Interior, answered a request by the CHP deputy of Adıyaman, Şevket Köse. He said that 314,000 people had applied for aid in order to return to their village. As of May 2008 151,469 people had returned to their villages in 14 provinces. They had been paid about 530 million Turkish Lira. On 12 April 2006, Human Rights Watch researcher Jonathan Sugden was detained by police in Bingöl, while he was carrying out research in the predominantly Kurdish southeast of the country into the possibilities for IDPs to return and abuses allegedly involving the Turkish gendarmerie and government-armed local defense units called "
village guards Village guards ( tr, Korucular lit. "Rangers"), officially known as ''Türkiye Güvenlik Köy Korucuları'' ("Security Village Guards of Turkey"), are Gendarmerie General Command-aligned Border guards involved in the Kurdish-Turkish conflict, mos ...
." He was deported to London the next day.


Workers' rights

The Constitution affirms the right of workers to form
labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" (Article 51). Articles 53 and 54 affirm the right of workers to
bargain collectively Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
and to strike, respectively. The law prohibits strikes by civil servants, public workers engaged in the safeguarding of life and property, workers in the coal mining and petroleum industries, sanitation services, national defense, banking, and education; however, many workers in these sectors conducted strikes in violation of these restrictions with general impunity. The law requires that, in order to become a bargaining agent, a union must represent 50 percent plus one of the employees at a given work site and 10 percent of all the workers in that particular industry. Labor law prohibits union leaders from becoming officers of or otherwise performing duties for political parties and from working for or being involved in the operation of any profit-making enterprise Most labor experts in the country estimated that approximately 20 percent of the wage and salary workers in the labor force were unionized. The Labor Act of 2003 established a 45-hour workweek, banned discrimination based on sex, religion, or political affiliation, and entitlement to compensation in case of termination without valid cause. It also mandated that working hours per day cannot exceed 11 hours. Turkey has had a standard state-run pensions system based on European models since the 1930s. Furthermore, since 1999, Turkey has a state-run unemployment insurance system, introduced by Law 4447 obligatory for all declared workers.


Extraterritorial beatings

In May 2017, bodyguards of
Recep Tayyip Erdoğan Recep Tayyip Erdoğan (born 26 February 1954) is a Turkish politician serving as the List of presidents of Turkey, 12th and current president of Turkey since 2014. He previously served as prime minister of Turkey from 2003 to 2014 and as Lis ...
attacked Kurdish rights protesters outside the Turkish embassy in Washington, D.C.Kurdish protesters attacked by Erdoğan's bodyguards at DC demonstration sue Turkish government
/ref>


See also

* 2016–17 Turkish purges *
Deep state in Turkey In Turkey, the deep state ( tr, derin devlet) is an alleged group of influential anti-democratic coalitions inside the Turkish political structure, composed of high-level elements within the intelligence services (domestic and foreign), the Tur ...
*
Human rights in Islamic countries Human rights in Muslim-majority countries have been a subject of controversy for many decades. International non-governmental organizations (INGOs) such as Amnesty International (AI) and Human Rights Watch (HRW) consistently find human rights viola ...
* Istanbul pogroms * JITEM *
Racism and discrimination in Turkey In Turkey, racism and ethnic discrimination are present in its society and throughout its history, including institutional racism against non- Muslim and non- Sunni minorities. This appears mainly in the form of negative attitudes and actions by ...
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List of journalists killed in Turkey Following the killing of Armenian journalist Hrant Dink in Istanbul on 19 January 2007 various lists of journalists killed in Turkey since the early 20th century were published. One such list was published by the Turkish Association of Journa ...
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Massacres in Turkey A massacre is the killing of a large number of people or animals, especially those who are not involved in any fighting or have no way of defending themselves. A massacre is generally considered to be morally unacceptable, especially when per ...
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List of arrested journalists in Turkey Many journalists in Turkey are being persecuted and kept in jail all over the country. Below is an extensive list of the prisoners, past and present. 231 journalists have been arrested after 15 July 2016 alone. According to the Gülen movement- ...


References


Further reading

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External links


US Department of State: Bureau for Democracy, Human Rights and Labor
(country reports)

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Turkey Press Freedom
Website covering press freedom situation in Turkey by
SEEMO South East Europe Media Organisation (SEEMO) is a regional non-governmental, non-profit network of editors, media executives and leading journalists in Southeast, South, East and Central Europe. The organization aims to create a bridge between in ...

Human Rights Watch Reports on Turkey

Amnesty International Library
you can search for Reports on Turkey
Progress Reports on Turkey

Reports and Investigations
of
Mazlumder The Association for Human Rights and Solidarity for the Oppressed (known as MAZLUMDER an abbreviation of its Turkish name: "İnsan Hakları ve Mazlumlar İçin Dayanışma Derneği") is a non-governmental human rights organization based in Turkey. ...
about Turkish Human Rights
Questions and Answers; Human Rights in Turkey, Human Rights Agenda Association

Database on Refugee Rights in Turkey
{{Europe topic, Racism in Politics of Turkey