Judicial Independence: Committee Flags Executive Influence and Fair Trial Concerns

The Committee questioned the impartiality of Türkiye’s judiciary, particularly the influence of the executive over the Council of Judges and Prosecutors (CJP). Türkiye defended its system, asserting that judicial appointments are governed by clear and transparent rules, aligned with international standards.

However, the Committee remained skeptical, especially regarding the treatment of individuals dismissed during the post-coup emergency measures. Türkiye confirmed that 125,678 public servants were dismissed, with 15,841 reinstated after appeals. While Türkiye insisted that the State of Emergency Inquiry Commission provided a fair remedy, the Committee highlighted concerns over its high rejection rate and questioned its independence. The discussions underscored a significant gap between Türkiye’s assertions and international expectations of judicial transparency.

The Committee also raised specific concerns about the fairness of trials, especially regarding the treatment of individuals accused of ties to the Gulen Movement. Türkiye defended its position by stating that its legal framework includes protections against coerced evidence and guarantees defendants’ rights, in line with Türkiye’s obligations under international human rights treaties.

Finally, the Committee expressed concerns about Türkiye's partial compliance with the European Court of Human Rights (ECHr) rulings, notably in high-profile cases involving political figures and human rights defenders. Türkiye responded that it respects and implements ECHR decisions, citing a high compliance rate with ECHR rulings and ongoing efforts to address remaining cases, albeit noting the complexities involved in certain cases under appeal.

Anti-Terrorism in Türkiye: Broad Definitions and Arbitrary Application Raise Committee Concerns

Türkiye's broad anti-terrorism laws came under sharp scrutiny, with the Committee questioning their definition and application. The Committee expressed concerns that Articles 1 and 2 of Turkey's Anti-Terror Law enable wide interpretation, risking arbitrary use against journalists, activists, and opposition politicians. Türkiye defended its counter-terrorism laws, stating the definitions of terrorism and related crimes are «clear and aligned with international standards», emphasizing its challenges in combating multiple terrorist threats, including FETO Daesh and the PKK .“Our anti-terrorism law is not intended to limit freedoms but to protect our constitutional order,” stated Mr. Şenol Taş from Türkiye’s Ministry of Justice. Nonetheless, the Committee reiterated multiple times the need for concrete safeguards to prevent misuse, pointing to prolonged detentions and the chilling effect on dissent.

The Committee also raised concerns that Law No. 7262, regulating NGOs, could stifle civil society, questioning the proportionality of its measures and their impact on public participation. Türkiye defended the law as necessary to prevent terrorism financing, assuring that no NGOs had been suspended under its provisions and emphasizing that “freedom of association is constitutionally protected.”

Türkiye’s Minority Rights: Committee Highlights Deep Concerns Over Discrimination

Türkiye’s role as host to millions of Syrian refugees has been acknowledged as remarkable, though not without challenges. Committee member Mr. Helfer praised Türkiye’s efforts but questioned whether its laws apply equally to all refugees, particularly non-Europeans. He also flagged “systematic discrimination” against LGBTQI individuals and ethnic and religious minorities, urging Türkiye to adopt comprehensive anti-discrimination protections aligned with UN standards.

Türkiye highlighted measures to support minorities, such as expanded Kurdish media and educational opportunities and initiatives to preserve Alevi culture. On LGBTI, the Committee raised concerns about the exclusion of sexual orientation and gender identity from Türkiye’s anti-discrimination framework. Despite Türkiye’s emphasis on providing equal access to health and public services, it sidestepped calls to amend the Human Rights and Equality Institution law to explicitly include LGBTQI protections.

Watch the review session again here (day 1) and here (day 2).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue.

Recommendations of the Human Rights Committee

The Concluding Observations on Türkiye's second periodic report were released on 7 November 2024. The State party is requested to provide, by 8 November 2027, information on the following recommendations:

Independence of the judiciary

The State party should ensure that the rules and procedures for the selection, appointment, promotion, discipline and removal of judges and prosecutors are transparent and impartial and comply with the Covenant and relevant international standards, including the Basic Principles on the Independence of the Judiciary and the Guidelines on the Role of Prosecutors. It should also ensure that their appointments are strictly based on their merits and their capacity. It should take all measures necessary to ensure that victims of dismissals have access to effective remedies through independent and impartial mechanisms, including judicial review, and receive full reparations accordingly.

Right to a fair trial in anti-terrorism procedures

The State party should ensure that persons suspected of or charged with terrorism-related offences are provided, in law and practice, with all appropriate legal and procedural safeguards in accordance with the Covenant; and amend the legislation accordingly. It should also review convictions in terrorism-related cases and provide effective remedies to those who did not enjoy fair trial guarantees

Freedom of association

The State party should bring its legislation and practice governing the operation of associations into full compliance with the Covenant and ensure that any restrictions imposed are in conformity with article 22 of the Covenant. It should also create an enabling environment for civil society organisations -- including human rights organisations, trade unions, lawyers’ associations and educational institutions -- and ensure that they can operate without fear of harassment or reprisals for their legitimate activities and free from unnecessary or unduly restrictive administrative hurdles.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Türkiye on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.