7.1 the Assembly deplores the ongoing violations of freedom
of expression and of the media. The Assembly is fully aware of the
terrorist threats that Turkey has been facing in a turbulent region.
It emphasises, however, that the Turkish authorities must adhere
to the principles of the rule of law and human rights standards,
which require any interference with basic human rights to be defined
in law, necessary in a democratic society and strictly proportionate
to the aim pursued;
7.2 in this context, the Assembly welcomes the intention expressed
by the Turkish authorities to expand freedom of expression, notably
by drafting a new human rights action plan, and the continuous frank
and constructive dialogue and co-operation established between the
Council of Europe and the Turkish authorities in this respect. However,
the Assembly expects meaningful changes in legal practice and the
implementation of legislation as a result of these well-intentioned
developments;
7.3 the Assembly welcomes the recent decisions taken by the
Constitutional Court of Turkey related to the release of detained
parliamentarians, the release and acquittal of “Academics of Peace”
and the lifting of the block to accessing Wikipedia, which had been
in place since April 2017. In these cases, the Constitutional Court
found violations of freedom of expression. The Assembly hopes that
these rulings by the Constitutional Court, alongside the well-established
case law of the European Court of Human Rights, will guide the daily
work of judges and prosecutors. The Assembly is concerned, however,
by the fact that the authority of the Constitutional Court, which
plays an essential role in the implementation of the case law of
the European Court of Human Rights at national level, is being openly
challenged in statements by Turkish officials. It calls on the Turkish
authorities to refrain from such statements, which could undermine
the work of the Constitutional Court, and expects the lower courts
to abide by the rulings of the Constitutional Court;
7.4 the Assembly expects that the reforms undertaken in the
fields of justice and human rights will lead – as requested by several
Council of Europe bodies – to the amendment of the anti-terrorism
law so as to ensure that its implementation and interpretation comply
with the European Convention on Human Rights (ETS No. 5, the Convention),
as interpreted by the European Court of Human Rights, and to repeal,
amend and/or ensure strict interpretation of a number of legal provisions
from the Criminal Code, which, according to the Venice Commission,
contain excessive sanctions and are too widely applied against freedom
of expression and information. These provisions include Article
299 (insulting the President of the Republic), Article 301 (degrading
the Turkish nation, the State of the Turkish Republic, the organs
and institutions of the State), Article 216 (provoking the public
to hatred, hostility or degrading) and Article 314 (membership of
an armed organisation);
7.5 the Assembly calls on the Turkish authorities to implement
paragraph 9.5 of its
Resolution
2317 (2020) on threats to media freedom and journalists’
security in Europe. In this context, the Assembly is worried that
the law on social media adopted on 28 July 2020 will lead to further
restriction of freedom of expression in social media and prevent
Turkish people from having access to alternative sources of information;
7.6 concerning the issue of pre-trial detention, the Assembly
notes that two judgments of the European Court of Human Rights in
the cases of Selahattin Demirtaş v. Turkey
(No. 2) (Chamber ruling, not final) and Kavala v. Turkey found a violation
of Article 18 (limitation on use of restrictions on rights), in
conjunction with Article 5, paragraph 1, of the Convention (right
to liberty and security). The Assembly calls on the Turkish authorities
to fully implement both judgments. It also urges Turkey, in line
with the decisions of the Committee of Ministers of 1 and 29 September
2020, to immediately release Mr Osman Kavala and drop the new charges
brought against him, which amount to judicial harassment;
7.7 the Assembly is deeply concerned by credible allegations
of torture in police and detention centres and expects the Turkish
authorities to respond promptly to these allegations. While welcoming the
publication, in August 2020, of two reports prepared in 2017 and
2019 by the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment (CPT), the Assembly reiterates
its call on the Turkish authorities to authorise, without any further
delay, the publication of the 2016 CPT report and to implement all
remaining CPT recommendations, including those pertaining to the
situation of Mr Abdullah Öcalan and other prisoners who remain cut
off from contact with the outside world at the İmralı F-Type High-Security
Closed Prison, as already referred to in its
Resolution 2260 (2019);
7.8 the Assembly remains deeply concerned by the situation
of human rights defenders, as well as the situation facing academics,
journalists and lawyers, whose fundamental rights have been infringed, especially
after the failed coup d’état.
It calls on the Turkish authorities to put an end to the judicial harassment
of human rights defenders. It remains particularly concerned after
the conviction of four human rights defenders, including Mr Taner
Kılıç, former Head of Amnesty International Turkey, in the “Büyükada
trial”. These prison sentences are yet another blow to civil society
and seriously undermine, if not contradict, the stated intention
of the authorities to expand freedom of expression;
7.9 the Assembly invites the Turkish authorities to review
Law No. 7145 on the “Amendment to some laws and emergency draft
laws”, which was adopted after the lifting of the 2016 state of
emergency, and to ease its continued restrictive effects on fundamental
rights, including freedom of expression and of assembly. In this
context, the Assembly will further assess the consequences of the
emergency decree laws and subsequent legislation, including the
judicial review process of dismissed people and liquidated legal
entities, which were made possible after the establishment of the
commission of inquiry in 2017;
7.10 finally, the Assembly deeply regrets that the issue of
the death penalty, which is incompatible with membership of the
Council of Europe, has surfaced again in public discussion. It urges
Turkish politicians and the Turkish Grand National Assembly to refrain
from any move that could lead to the reintroduction of capital punishment.
