On 29 September, Turkey’s UPR adoption took place. Every UN member state’s human rights record is examined by the UN Human Rights Council’s Universal Periodic Review (UPR) Working Group and now it was time for Turkey to respond to the review that took place in January 2020.
Out of 321 adoptions put forward, 19 were rejected at the introduction for being politically motivated and 302 ‘carefully examined’. Another 216, Turkey said it either supported, had already implemented, or is in the process of doing so.
Turkey has for years said it will implement recommendations made by the UPR yet the situation for lawyers, journalists and human rights defenders are worsening in the country. In fact, in the period under review, the government has weaponised the legal system and terror legislation to restrict free expression.
Human rights organisations delivered statements during the session. Amnesty International expressed regret that Turkey rejected so many recommendations made by the reviewing states. The organisation emphasised the continued use of torture in Turkey and said that “despite Turkey’s claim that it upholds a zero-tolerance policy of torture, examples of torture are still found by international observers.”
“In the absence of an effective, independent and impartial mechanism to carry out investigations into these allegations, Amnesty International fears impunity for these crimes will continue to be the norm.”
Human Rights Watch said:
“It is disappointing to observe Turkey’s refusal to engage with key issues that popped up throughout the UPR process… Turkey has also signalled that it plans no further revision of its counter-terrorism law.”
Under that law, 1000s have been imprisoned for arbitrary reasons.
Lawyers for Lawyers said:
“Lawyers should be able to carry out their professional duties without harassments… for years lawyers in Turkey have been subjected to mass harassment including arrests… Some are charged with the same terrorism charges as their clients.”
“Lawyers should not have to die or be imprisoned for asking the rule of law be respected.”
The International Observatory of Human Rights (IOHR) presented a submission to the Group and held a meeting at the UN in Geneva with concerns regarding press freedom in Turkey, as the country remains one of the worst jailers of journalists in the world.
In terms of freedom of expression and freedom of the press, Turkey now stands far below where it was back in 2010, when the first UPR cycle was compiled. This is why IOHR has also joined the Turkey Tribunal to shine a light on the human rights violations that are being conducted under President Erdoğan’s regime.
A Turkey Tribunal
The Turkey Tribunal was set up in early 2020 to establish a framework to review the current situation and the promises made by the Turkish government to improve their dire human rights record.
Together, IOHR and the Turkey Tribunal have so far published two reports and in total, six reports will be presented and brought before a physical tribunal when it convenes in late autumn in Geneva. Although not a legally binding body, the calibre of judges, witnesses and experts will give the tribunal authority through transparency to raise awareness among the international community and establish the benchmark for change.
A crackdown on lawyers
IOHR is also gravely concerned about the continued crackdown on lawyers and the rule of law. Turkish bar associations are among the few institutions still critical of government policies following the mass purges and broader crackdown on dissident groups sparked by a 2016 coup attempt in Turkey. Now, bar associations are facing repressive reforms and the judicial system has descended into chaos with lawyers jailed, legal defences muzzled and confidence in judges and prosecutors destroyed.
In recent weeks alone, over 60 lawyers and 12 other legal professionals were arrested on terrorism charges. In response, IOHR signed a joint statement with 22 rights organisations and law associations calling for their release.
The statement said:
“It is a widely-accepted fact that, in Turkey, ‘terrorism’ charges are political in nature and are used to repress, intimidate and silence any opposition. Contrary to what the government has been suggesting, those who are arrested, detained and convicted are subjected to such unlawful actions, only because of their political views and their criticism of the government.”
“The detention of 60 lawyers, the majority of whom are women, is an important part of the objective to silence lawyers. Remaining silent about this will deprive all citizens of their rights and liberties.”
In addition, in a letter dated 14 September, the UN Special Rapporteur on the Independence of Judges and Lawyers said that the law governing Turkey’s Board of Judges and Prosecutors (HSK) continues to have adverse effects on the independence of the judiciary and the separation of powers. The Rapporteur said the law falls short of the international standards enshrined in international human rights treaties to which Turkey is a party, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights.
“This is not in line with European standards, which recommend that judge members of the council be elected by their peers and represent the judiciary at large, including judges from first level courts.”
Turkey’s involvement in sponsoring terrorism in Syria
Earlier this month, despite celebrating the UN’s 75th anniversary, Erdoğan launched an unapologetic attack on the world body.
“We regret that the United Nations Secretary-General’s call for a global humanitarian cease-fire, which we also support, has not produced concrete results,” he stated:
“As Turkey, we are looking for ways to eliminate threats to our country and humanity, by taking any kind of initiative if required.”
In the meantime, Syria accused Turkey of being “one of the main sponsors of terror” across the Middle East.
Syria’s Foreign Minister Walid al-Moallem told the United Nations General Assembly:
“The Turkish regime reigns supreme” when it comes to “sponsors and financiers of terrorism.”
Turkey’s supplies of weapons to Syrian jihadists were first exposed by the Cumhuriyet newspaper in 2015, forcing its editor Can Dundar to flee into German exile after the government charged him with membership of a terrorist organisation. Turkey-backed militias, accused of war crimes by UN investigators, are fighting against both the Syrian government and the Kurdish-led Syrian Democratic Forces.