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The arrest of the Mayor of Istanbul and the state of democracy and human rights in Türkiye

Doc. 16151: compendium of written amendments | Doc. 16151 | 09/04/2025 | Final version

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ADraft Resolution

1On 19 March 2025, Ekrem İmamoğlu, Mayor of the Istanbul Metropolitan Municipality and President of the Union of Municipalities of Türkiye (UMT), was arrested on charges of “corruption” and “aiding terrorism”, alongside 106 people, including the district mayors of Şişli, Resul Emrah Şahan, and Beylikdüzü, Mehmet Murat Çalik, as well as other local officials, politicians, journalists and businessmen. On 23 March, Mr İmamoğlu was placed in pre-trial detention on corruption charges, together with 47 other suspects. He was also removed from office, along with the district mayors of Şişli and Beylikdüzü, who were also detained in connection with the same investigation.
2Mr İmamoğlu’s arrest came just four days before he was nominated as the candidate of the main opposition Republican People’s Party (CHP) for the 2028 presidential election, in a primary in which over 15 million voters participated. In addition, on 18 March, Istanbul University revoked Mr İmamoğlu's university degree, which under the Turkish Constitution, is a prerequisite for running for the country's presidency.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 2, in the first sentence, after the words "in a primary in which over 15 million voters participated", insert the following words:

", according to the Republican People’s Party (CHP)"

Explanatory note

Because this is not an official figure that is based on any official statement or finding.

3The decision to detain Mr İmamoğlu, the criminal investigation launched against him and the revocation of his university degree effectively prevent him from standing as a presidential candidate. Recalling that respect for the will of the people to express their opinions and choose their elected representatives is the foundation of democracy, the Parliamentary Assembly expresses its deepest concern at these decisions, which appear politically-motivated and an attempt to intimidate the opposition, obstruct its actions, stifle pluralism and limit freedom of political debate.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 3, in the last sentence, delete the following words:

", which appear politically-motivated and an attempt to intimidate the opposition, obstruct its actions, stifle pluralism and limit freedom of political debate"

Explanatory note

These developments took place in the context of ongoing investigations. It is not correct to use the phrase “appear” in this way as the realities will be understood after the investigation phase is completed. Therefore, this part should be deleted as it is an unfounded allegation.

4The Assembly notes that the arrest of Mr İmamoğlu triggered an unprecedented wave of largely peaceful mass protests, primarily by young people – especially students – across the country, particularly in Istanbul, Ankara and İzmir. A culminating protest organised by the CHP took place in Istanbul on 29 March 2025 and gathered around 2.2 million people, according to the organisers. The protests in Istanbul, Ankara and Izmir took place despite a blanket ban on demonstrations imposed by the authorities. During the demonstrations, the police used pepper spray, stun grenades, plastic bullets and water cannons against the demonstrators, causing injuries, especially in Istanbul, Ankara and İzmir. Numerous protesters also reported that they had been beaten with batons and kicked while lying on the ground. While the Ministry of the Interior reported over 150 police officers injured during the demonstrations, the official number of injured protesters is unknown. According to the Ministry of the Interior, following the protests, almost 2 000 people were arrested and over 300 detained. There have been reports of cases of physical ill-treatment, unlawful strip-searches, sexual harassment, insults and other human rights violations against people held in custody.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 4, delete the last sentence.

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Explanatory note

There is no evidence to support these allegations. Both the Ministry of Justice and Ministry of Interior have categorically denied them, stressing that search legislation is clear and the zero tolerance policy towards torture is upheld. Any incident would be dealt with meticulously and decisively by the judiciary.

5The Assembly strongly condemns the unjustified arrests and detention of demonstrators, as well as the disproportionate use of force by the law-enforcement authorities during protests and cases of ill-treatment or other human rights violations of persons held in custody. It is also dismayed by the fact that President Recep Tayyip Erdoğan described the protests as “street terrorism”.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 5, delete the last sentence.

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Explanatory note

In his statement, President Erdoğan was referring to extreme and vandalistic groups, not to the thousands of citizens who took part in the protests. This sentence gives the wrong impression. It should therefore be deleted.

6Similarly, the Assembly expresses its concern at reports of physical attacks against journalists and media workers while covering the protests, as well as their arrests and detention in connection with their reporting activities. At least 20 local journalists were physically assaulted by the police or protesters while covering the protests and at least 10 of them were detained; some of them have already been released after appeal, pending trial. The Assembly is also worried about measures targeting foreign medias’ journalists: on 27 March 2025, a British journalist from the BBC, Mark Lowen, was expelled on grounds of ‘threat to public order’, after having been detained for over seventeen hours; and, on 28 March 2025, Swedish journalist, Joakim Medin, who intended to cover the protests, was detained upon his arrival in Türkiye. Moreover, a photograph for Agence France-Presse, Yasin Akgül, had been detained for three days, after covering protests in Istanbul.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 6, second sentence, replace the words "At least 20 local journalists were physically assaulted by the police or protesters while covering the protests and at least 10 of them" with the following words:

"At least 10 local journalists"

Explanatory note

It is unclear what source this figure and identification is based on, as there is no official report on the figures, and the sentence itself is unclear. There is an ambiguity here and the relevant part should therefore be deleted.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 6, delete the last two sentences.

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Explanatory note

The protests, attended by thousands and lasted for days, were followed by hundreds of foreign journalists. If measures were taken against only 3 journalists, there must have been specific issues. It is not right to make generalised assessment and accusation without having any knowledge of what happened on the ground.

7The Assembly also deplores the widespread restrictions of the right to receive and impart information in the context of these protests. The Turkish Radio and Television supreme Council (RTÜK)imposed administrative fines and/or temporary suspensions of up to ten days on the television channels Halk TV, SZC TV, Tele 1 and Now TV. In addition, for almost two days after Mr İmamoğlu's arrest, access to major social media and messaging applications (including X, Instagram, Facebook and WhatsApp) was temporarily restricted in Istanbul, with reported bandwidth restrictions and numerous accounts in Türkiye blocked and/or made invisible on the orders of the Information and Communication Technologies Authority, a regulatory body. During these two days, the internet was almost unusable. Furthermore, dozens of people were detained or subjected to judicial control measures in relation to their social media posts related to the protests.
8The Assembly recalls that the rights to freedom of peaceful assembly and of expression, which are fundamental to the conduct of public debate in a well-functioning democracy, may be restricted only under certain conditions provided for in the European Convention on Human Rights (ETS No. 5, “the Convention”), to which Türkiye is a State Party: they must be prescribed by law and “necessary in a democratic society”, namely proportionate to the legitimate aim pursued. A blanket ban on demonstrations is disproportionate and unjustifiable, while the use of force by law-enforcement authorities must be strictly necessary and proportionate to that aim, and those who use it must be held accountable before the law. Journalists and media outlets should be free to report on issues of public interest, including protests and other related events, and should not be punished or harassed for carrying out their journalistic activities. In addition, the public has the right to receive impartial information about ongoing protests and all related events.
9The Assembly also reiterates its previously expressed concerns about the independence of the judiciary and prosecution services and the respect for the right to a fair trial in Türkiye, voiced in particular in its Resolution 2459 (2022) “The honouring of obligations and commitments by Türkiye” and Resolution 2518 (2023) “Call for the immediate release of Osman Kavala”. One of the most problematic issues in this context is the structure of the Council of Judges and Prosecutors (HSK), which was recently criticised in an opinion of the European Commission for Democracy through Law (the “Venice Commission”) (CDL-AD(2024)041) and is at the origin of the violations of the Convention found by the European Court of Human Rights in the judgments Kavala, Selahattin Demirtaş (No. 2) and Yüksekdağ Şenoğlu and Others, concerning the politically-motivated detention of activists and/or politicians. The Assembly strongly deplores the fact that these judgments still remain unimplemented despite various calls made by the Committee of Ministers in the context of its supervision under Article 46 paragraph 2 of the Convention, and by the Assembly. The Assembly urges the Turkish authorities to implement these judgments without delay, in particular by releasing the applicants and conducting a comprehensive reform of the justice system to fully guarantee judicial independence, in line with the recommendations of the Committee of Ministers and the Venice Commission.
10Türkiye is a State with thousands of years of history and more than a century of democracy. It is a long-standing member of the Council of Europe and an important actor in ensuring security, stability and peace in Europe and has played an important role in supporting the sovereignty and territorial integrity of Ukraine. The Assembly also notes the recent positive developments in the peace process in the country, following the call on 27 February 2025 by the imprisoned leader of the Kurdistan Workers' Party (PKK), Abdullah Öcalan, for the PKK to lay down its arms and disband. Against this background, the Assembly is all the more disappointed by the arrest and detention of Mr İmamoğlu and the worrying events surrounding it. The Assembly also notes with great concern and condemns a pattern of arrests on spurious charges, including terrorism-related offences, of anyone who might become a challenger to President Recep Tayyip Erdoğan and/or criticises the government. All these worrying developments represent a retreat from democratic values and go against the will of the Turkish people.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 10, delete the penultimate sentence.

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Explanatory note

The accusation that anyone who might become challenger to President Erdoğan and/or criticise Government will be arrested is completely unfounded speculation. It is not a sentence that belongs in a resolution of our Assembly. Such subjective criticism and interpretation has no place in a resolution and should therefore be deleted.

11Reiterating its previous resolutions on Türkiye, including Resolution 2459 (2022) and Resolution 2518 (2023), the Assembly recalls that Türkiye, as a member State of the Council of Europe, has committed itself to upholding and promoting democratic values, the rule of law, human rights and fundamental freedoms. It therefore demands that the authorities implement immediately all these resolutions as well as the recommendations contained in the Venice Commission’s opinions concerning Türkiye. Moreover, the Assembly urges the Turkish authorities to:
11.1release Mr İmamoğlu immediately and drop all unfounded charges against him and others involved in the same investigation;

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, delete paragraph 11.1.

Explanatory note

Ekrem İmamoğlu’s judicial process is still ongoing. A call to intervene in the judicial process is completely against all principles of the rule of law and the values of our Assembly. Therefore, this wording should be deleted.

11.2repeal the decision of Istanbul University to revoke Mr İmamoğlu’s university degree;

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, delete paragraph 11.2.

Explanatory note

The university’s decision is subject to domestic administrative law and judicial appeal. The government does not interfere in the autonomy of academic institutions. Characterizing this as a politically motivated act is speculative and not legally substantiated.

11.3fully respect the rights to freedom of expression and assembly, as well as other human rights and fundamental freedoms in the context of the ongoing mass protests;
11.4stop any disproportionate use of force against protesters during protests and against those who are held in custody;
11.5release all protesters who have been detained on unfounded charges;
11.6ensure an effective investigation into cases of violence and other human rights violations by law- enforcement bodies during protests and in custody;
11.7with regard to all those detained in connection with the investigation into Mr İmamoğlu and the protests, ensure that their right to a fair trial by an independent and impartial court and their right to a defence are fully respected, in accordance with Article 6 of the Convention;
11.8release all journalists and media workers detained because of reporting on protests;

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, paragraph 11.8, delete the following words:

"detained because of reporting on protests"

Explanatory note

This is an unfounded allegation and a speculative comment. Journalists were not detained for covering the protests; there is a reasonable justification for the detentions, as evidenced by the fact that only a small number of journalists out of hundreds were detained and most of those detained were released.

11.9ensure that journalists can report on public assemblies freely and safely and to remove any obstacles to their work;
11.10ensure that no more blanket bans on public demonstrations are imposed;

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, delete paragraph 11.10.

Explanatory note

The decision to impose a ban on demonstrations was taken by the Governorships for security reasons during the demonstrations. However, these bans have since been lifted and no such ban is currently in place. This sentence should therefore be deleted as it is factually incorrect.

11.11create an environment that allows the media to provide the public with necessary information and to report on events free from State pressure;
11.12ensure full access to social media and the internet;
11.13remove all restrictions on the right to receive and impart information in the context of protests, in particular to:
11.13.1repeal all sanctions imposed on broadcasters;
11.13.2annul all unlawful orders to block social media accounts of persons exercising their right to freedom of expression;
11.13.3refrain from using legal and extra-legal means to exert pressure on social media platforms to censor online content involving political discourse;
11.14end the repression of opposition politicians, civil society activists and dissenting voices in the media;
11.15implement all Venice Commission’s and Assembly’s recommendations on reforming the electoral framework;
11.16ensure genuine free and fair elections, in line with international standards.
12Finally, recalling the statements of the European Union High Representative for Foreign Affairs and its Commissioner for Enlargement of 19 March 2025, the Council of Europe Commissioner for Human Rights of 24 March 2025 and the Congress of Local and Regional Authorities of 27 March 2025, the Assembly calls on all Council of Europe member States, if they have not already done so, to condemn the arrest and detention of Mr İmamoğlu and the subsequent reprisals against demonstrators calling for his release.

09 April 2025

Tabled by Ms Meryem GÖKA, Mr Konur Alp KOÇAK, Ms Zeynep YILDIZ, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Pelin YILIK, Ms Seda GÖREN

In the draft resolution, replace paragraph 12 with the following paragraph:

"Finally, the Assembly recalls the statements of the European Union High Representative for Foreign Affairs and its Commissioner for Enlargement of 19 March 2025, the Council of Europe Commissioner for Human Rights of 24 March 2025 and the Congress of Local and Regional Authorities of 27 March 2025."

Explanatory note

It is not customary for the reports of our Assembly to call on member States to condemn another member State. This is inaccurate, inappropriate and contrary to the spirit of our Assembly as a platform for constructive and inclusive dialogue. This phrase should therefore be deleted.