A United Nations expert expressed concerns regarding the alleged misuse of Türkiye’s counter-terrorism legislation to detain nine prominent human rights defenders and lawyers. On Thursday, UN Special Rapporteur on the situation of human rights defenders Mary Lawlor addressed the issue, emphasizing how these practices may compromise fundamental freedoms and contravene international human rights standards.
The nine individuals facing detention include eight members of the Progressive Lawyers’ Association (ÇHD). Between 2018 and 2019, these lawyers were arrested and subsequently convicted under the Turkish Anti-Terror Code for alleged “membership in a terrorist organization” and, in some cases, “propaganda for a terrorist organization.” Their sentences, which were finalized in 2020, range up to 13 years. Oya Aslan, another member, was separately convicted in 2022 and sentenced to 11 years, with the decision confirmed last November.
The Turkish government has long targeted the Progressive Lawyers’ Association. This trend can be traced back to 2018, when 17 ÇHD lawyers were arrested and accused of membership in an armed terrorist organization. The charges partly rested on their legal representation of clients accused of terrorism. The trial process attracted criticism from international observers for allegedly violating the right to a fair defence.
The case of Turan Canpolat, a lawyer from the Malatya Bar Association, further exemplifies the contentious nature of these trials. Canpolat was sentenced to ten years based on testimony that was reportedly coerced and later recanted. He has endured nearly three years of solitary confinement without facing formal disciplinary measures.
Under the current legal framework, including Article 314 of the Turkish Penal Code and the Anti-Terror Code, terrorism is broadly defined. This encompasses actions initiated by individuals or organizations intended to alter Turkey’s constitutional characteristics or systems, undermine state unity, pose a threat to state existence, weaken authority, strip away rights and freedoms, or compromise state security, public order, or health. Critics assert that such an extensive definition allows the state to apply anti-terrorism laws in targeting civil rights groups and suppressing dissent, as argued in a report by international observers.
The UN Special Rapporteur has been advocating for the Turkish government to align its actions with international human rights norms, cease any maltreatment of detainees, and ensure fair trials. Mary Lawlor also expressed intentions to engage further with Turkish authorities on these critical issues.