In a recent press release, United Nations experts have urged Türkiye to halt the criminalization of human rights lawyers and activists, underscoring serious concerns about the misuse of the nation’s anti-terrorism laws. The special rapporteurs have identified several instances over the past year where members of the Human Rights Association (İHD) faced investigations, arrests, or imprisonment under these laws. The UN highlighted cases where activists were reportedly assaulted by police or detained for participating in demonstrations with teachers’ unions, advocating for procedural fairness, or documenting state abuses against incarcerated clients. The experts argue that such actions are employed to restrict freedoms of expression, opinion, and peaceful assembly, as well as to justify arbitrary detentions.
A 2024 UN mandate warned that Türkiye’s anti-terrorism framework has created a “chilling effect,” potentially undermining independent legal advocacy and the rule of law. This chilling effect can lead lawyers to self-censor their arguments due to fears of legal repercussions or harassment, ultimately harming human rights, due process, and access to justice. It is emphasized that states have a duty to guarantee the safety of lawyers and other judicial actors, ensuring they are free from intimidation or retaliation.
Despite repeated calls for reform, Türkiye maintains that its anti-terrorism laws uphold judicial independence and the rule of law, citing threats from groups such as the Fethullah Terrorist Organization (FETÖ) as justification. The government asserts that FETÖ, linked to a failed 2016 coup attempt, often masquerades as victims of human rights violations to win international sympathy and obscure their alleged crimes. Ongoing conversations between the UN and Türkiye aim to address these issues, although Türkiye points to rulings by the European Court of Human Rights (ECtHR) dismissing complaints against it concerning fair trial rights and judicial independence.
This situation raises fundamental questions about the balance between national security and fundamental human rights. In a broader context, similar tensions are being observed globally, where anti-terrorism measures sometimes conflict with human rights advocacy, posing challenges for international law and norms. More details can be found in the original press release.