and a second one outlining resistance against these developments by the
lawyer community.
The report was written by Faruk Eren and edited with the contribution of the
four NGOs mentioned. We would like to thank all who participated and shared
their sources.
INTRODUCTION
The Justice and Development Party (AKP), led by President Recep Tayyip
Erdoğan, has ruled Turkey since 2002. Despite earlier on adopting some
liberalizing reforms, the AKP government has since shown growing contempt
for political rights and civil liberties as time passed. During the 2013 Gezi
Park protests, which were oppressed with disproportionate police violence,
democratic backsliding and a degradation of the rule of law were clearly
observed. The Party’s authoritarian grip was fully consolidated following the
2016 coup attempt, which in its aftermath triggered a dramatic crackdown on
(perceived) opponents of the government by use of emergency decrees.1
Shrinking civic space became more widespread after the adoption of the
presidential system in 2018, which brought undemocratic measures along
with it.2 The most vocal parts of civil society were attacked. The government
also managed to concentrate a large part of media ownership within a small
group of people close to the President. Consequently, key critical journalists
were removed, many of them by imprisonment, effectively silencing the rest.
Today all mainstream media is under the control of the government.3
Another targeted group were academics. The petition “We will not be a party
to this crime!” was signed by 1,128 academics on January 11, 2016.4 In the
petition, academics called for an end to human rights violations (including
curfews) in southeast Turkey and for a permanent solution to the armed
conflict between the Kurdistan Workers’ Party (PKK) and the Turkish army,
which had resumed in southeast Turkey after the peace process collapsed. Of
the signatories, 822 were tried, some detained, and some imprisoned. Most
of them lost their jobs and their passports were confiscated – a situation
referred to as “civil death” since there are no chances of re-employment or
travelling abroad for re-employment.
In addition to the attack on critical media and academia, civil society
organisations have also been under immense pressure. In 2020, two
controversial trials targeting civil society through groups of HRDs were
concluded, namely the Büyükada (the so-called “Istanbul 10”) and Gezi/
Osman Kavala trials.
On July 5, 2017, police raided a workshop on coping with trauma and digital
safety, held on Büyükada—an island off the coast of Istanbul. Under the
instructions of the Istanbul Islands’ Chief Public Prosecutor’s Office, ten
HRDs were taken into custody. Amnesty International Honorary Chair Taner
Kılıç’s ongoing investigation was subsequently merged with that of the ten
defenders. The trial was filled with infringements of fair trial rights and lasted
three years. In July 2020, four of the defendants were convicted of terrorist
charges.5 Within three months, the appeal court upheld the ruling, sending a
chilling message to civil society.6
1 Freedom in the World 2020: Turkey (Freedom House): https://freedomhouse.org/country/turkey/freedom-world/2020
4 “We will not be a party to this crime!” (10.01.2016; Academics for Peace): https://barisicinakademisyenler.net/node/63
2 Turkey is rated “Not Free” in Freedom in the World 2020, Freedom House’s annual study of political rights and civil
5 Defending Human Rights is not a Crime: Turkey’s ruling against Istanbul 10 (09.07.2020; Netherlands Helsinki Committee):
liberties worldwide: https://freedomhouse.org/country/turkey/freedom-world/2020
https://www.nhc.nl/defending-human-rights-is-not-a-crime-turkeys-ruling-against-istanbul-10/
3 Mission Report: Turkey’s journalists on the ropes (30 November 2020; European Centre for Press and Media Freedom):
6 Turkey: NHC concerned about Court upholding “Istanbul 10” decision (04.12.2020; Netherlands Helsinki Committee):
https://www.ecpmf.eu/mission-report-turkeys-journalists-on-the-ropes/
https://www.nhc.nl/turkey-nhc-concerned-about-court-upholding-istanbul-10-decision/
6
A DEFENSELESS DEFENSE
INTRODUCTION
7