Bericht des Menschenrechtskommissars des Europäischen Rates über die Türkei: „Die Nichtumsetzung der Entscheidungen des Verfassungsgerichts und des EGMR schwächt die Verfassungsordnung“

Dunja Mijatovic, Commissioner for Human Rights of the European Council, released her report today, detailing her observations on human rights, freedom of expression, and independence of the judiciary in Turkey. The 14-page report highlighted a concerning decrease in freedom of opinion and press in Turkey, with 90% of the media being under state control, hindering the democratic debate environment.

The report noted that human rights defenders, women’s rights defenders, and LGBT advocates in Turkey are facing increasing pressure. It also warned that the Turkish government’s and courts‘ failure to implement decisions of the European Court of Human Rights (ECHR) and the Constitutional Court weakens the constitutional order.

Mijatovic, who authored the report, also noted that her request to visit Turkey was not accepted by Ankara. Mijatovic, the Commissioner for Human Rights of the Council of Europe based in Strasbourg, reported on his general observations on the human rights situation in Turkey under the headings „Freedom of Opinion and Press, the current situation of human rights defenders and civil society, as well as the Independence and Impartiality of the Turkish Judiciary.“

In his statement on the report, Mijatovic explained that journalists, human rights defenders, and civil society in Turkey have to work in an increasingly hostile environment, emphasizing that freedom of expression in the country is at risk. The report highlighted the negative stance of the Turkish authorities towards freedom of opinion and press and the growing intolerance towards legal criticism of selected individuals, further exacerbating concerns over freedom of opinion and press. It was also noted that this negative understanding continues to be expressed through systematic pressure and the use of legal measures against journalists and human rights defenders.

The Commissioner also expressed concern over the increasing internet censorship in Turkey. It is recalled that the government introduced elements to punish „false and misleading news“ with the Internet and Press Law passed by Parliament in 2022, along with provisions of the Turkish Penal Code, taking further restrictive measures on social media. The Commissioner stated that by December 2022, 700,000 internet domain names will be available, with 150,000 URL addresses and 55,000 X-news blocked.

In his report, Mijatovic noted that freedom of opinion and press is also restricted by the Radio and Television Supreme Council (RTÜK), stating that some of RTÜK’s arbitrary penalties aim to silence institutions reporting critical news. The report also emphasized that fines imposed on some institutions providing critical news during the May 2023 elections are a concrete step in this direction.

„90% of the media is under government control“

Mijatovic’s report pointed out, as mentioned in many reports, that freedom of the press is gradually declining, with 90% of the media in Turkey under state control, and the remaining media companies of the opposition are increasingly under pressure. It was also noted in the report that according to the Council of Europe’s Safety Platform for Journalists, Turkey, with 52 arrests, is the European country that detained the most journalists in 2023, followed by Belarus with 42 arrests and Russia with 22 arrests.

„The situation of human rights defenders has worsened“

The report also stressed that the situation of human rights defenders and civil society in general has deteriorated compared to the past, and that while the extraordinary situation introduced in 2016 ended in 2018, restrictive measures continue to be implemented.

The Commissioner stated that Osman Kavala’s refusal to be released despite the judgments of the ECHR is a sign of the Turkish authorities‘ hostile attitude towards human rights defenders and civil society, expressing concern that Kavala’s contact with the Commissioner for Human Rights of the European Council will be revealed in the indictment as evidence of a wrongdoing.

The report stated that the biggest problem for human rights defenders is the criminal investigations initiated against them, with prosecutors playing a significant role in silencing civil society. It was mentioned in the report that there are allegations that law enforcement authorities harass and intimidate human rights defenders, including physical violence, and that in 2022 alone, 1143 human rights defenders had to appear before a judge in 105 different cases.

The report mentioned that Turkey’s withdrawal from the Istanbul Convention weakened the rights of women and LGBT individuals and made it harder for human rights defenders working in this field, noting that the homophobic political discourse used, especially during the May 2023 elections, led to LGBT communities being perceived as a national security threat. The report also stated that the increasing attempts to denigrate, defame, and stigmatize these groups heighten concerns.

„The constitutional order weakens“

The Commissioner recalled that in the report he prepared in 2020, he had urged the Turkish government to ensure the independence and impartiality of the judiciary, stating that structural changes should be made in the High Council of Judges and Prosecutors. The Parliamentary Assembly of the Council of Europe (PACE) will also take steps towards the Turkish authorities in 202