In a letter to the Turkish government, Margaret Satterthwaite, the United Nations special rapporteur on the independence of judges and lawyers, conveyed profound concern regarding the deterioration of human rights and judicial independence in Turkey.
Since a 2016 failed coup, the judiciary’s impartiality has been significantly compromised by significant political interference, as well as the arrest and judicial harassment of attorneys and human rights defenders. These concerns were emphasized in the letter.
Reports of a “systemic lack of due process guarantees” in terrorism-related cases served as the impetus for the letter.
According to Satterthwaite, the judiciary in Turkey is subject to “systemic interference,” arbitrary detentions, and mass dismissals, which he characterized as “deeply concerning.” “This course of action would violate international human rights standards regarding the right to a fair trial and the independence of the judiciary if these reports are verified,” she stated.
The Turkish government removed over 4,000 judges and prosecutors from their positions without due process after an abortive putsch on July 15, 2016. Many of these individuals were facing criminal charges under Turkey’s broad anti-terrorism laws. Satterthwaite emphasized that numerous arrests were “not supported by any evidence” of criminal activity.
The Turkish government alleges that these individuals were associated with the Gülen movement, which was founded by the Muslim cleric Fethullah Gülen, who is based in the United States. Ankara attributes the coup attempt to the Gülen movement. Gülen and the movement deny any involvement.
Satterthwaite also criticized Turkey’s legal framework, which permits the dismissal of justices on the basis of vague allegations of affiliation with groups that are perceived as a threat to national security. “This ambiguous and overly broad formulation creates a significant risk of the arbitrary dismissal of judges, which would violate the guarantees of judicial independence,” Satterthwaite stated. He also noted that the European Court of Human Rights is currently processing over 1,000 applications from dismissed judges.
Since the corruption investigations of 2013, which implicated then-prime minister Erdoğan, his family members, and his inner circle, Turkish President Recep Tayyip Erdoğan has been targeting followers of the Gülen movement.
Erdoğan designated the movement as a terrorist organization and commenced targeting its members, dismissing the investigations as a Gülenist rebellion and conspiracy against his government. He stepped up the repression on the movement in the wake of the failed 2016 coup.
The rapporteur has also received complaints regarding the treatment of lawyers, notably those who represent clients who have been accused of terrorism. According to the letter, “Lawyers and human rights defenders in Diyarbakır are currently experiencing judicial harassment and detention,” with numerous individuals being prosecuted for “exercising their profession and defending their clients.” “
Satterthwaite underscored that these actions constitute “a significant violation of international and regional standards that pertain to the independent and unfettered practice of law.”
The letter also targeted the use of ByLock, a secret communication tool that has been regarded as a secret tool among supporters of the movement since the coup attempt on July 15, 2016, despite the absence of any evidence linking ByLock messages to the abortive putsch. Once widely available online, ByLock was also targeted.
Satterthwaite wrote, “I join others in expressing concerns over the process of acquisition and analysis of the ByLock data, considering the alleged number of cases that have used this data as evidence for conviction.”
The special rapporteur advocated for the implementation of safeguards to address the disparities in the use of digital evidence in terrorism-related prosecutions and for retrials in all cases where ByLock evidence was used.
Satterthwaite addressed the Turkish government with a series of inquiries regarding numerous critical matters in her letter. She inquired specifically about the measures that Turkey has implemented to resolve concerns regarding the use of ByLock evidence in terrorism prosecutions.
The Turkish government was requested by the special rapporteur to “indicate the measures taken to address the concerns expressed in the use of ByLock evidence” and to establish safeguards to ensure the reliability of digital evidence used in courts. She emphasized that the fair trial guarantees of numerous defendants have been compromised by the widespread use of this controversial evidence in the absence of appropriate judicial supervision.
Satterthwaite also inquired about Turkey’s efforts to guarantee that individuals accused of terrorism receive a fair prosecution, with a particular emphasis on the availability of an independent and impartial tribunal. She requested that the Turkish authorities “describe the measures implemented to guarantee the right to a fair trial in these instances.”
The special rapporteur expressed concern regarding the hostile environment that legal professionals and human rights defenders face in Turkey. Additionally, she urged the government to provide an explanation of the measures that have been implemented to safeguard lawyers and human rights defenders from criminalization, intimidation, and harassment as they engage in their legitimate professional activities.
The special rapporteur cautioned that the rule of law in Turkey could be undermined if the current trajectory persists. She urged Turkey to cease its actions that erode judicial independence and guarantee that judges, prosecutors, and lawyers can fulfill their responsibilities without fear of retribution.
Source:Stockholm Center for Freedom (SCF)
