Commissioner O’Flaherty thanked the Turkish authorities for the meetings held and stated that the ongoing “Terror-Free Turkey Process” presents an important opportunity to address long-standing human rights issues and to strengthen democratic institutions. The Commissioner emphasized that anti-terror legislation and its implementation need to be brought into line with the jurisprudence of the European Court of Human Rights (ECHR) and the relevant opinions of the Venice Commission in this process.
Restrictions on the right to peaceful assembly continue
In his statement, the Commissioner noted that since his announcement on March 24, 2025, his concerns over bans on the right to assembly and demonstration and the use of excessive force against peaceful protests have persisted. He stated that although this right is guaranteed by Article 34 of the Constitution of the Republic of Turkey, in practice—and especially within the framework of Law No. 2911—it falls short of international standards.
Recalling that many people were detained during protests in March–April 2025 following the detention of Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu on March 19, 2025, the Commissioner also noted that recent acquittals and releases are a positive step.
The Commissioner also stressed that restrictions placed on the right to assembly must comply with the principles of “legality, necessity, proportionality, and non-discrimination.”
Pressures on freedom of expression negatively affect public debate
Commissioner O’Flaherty expressed deep concern that the broad and extensive application of Article 299 of the Turkish Penal Code, which defines the crime of insulting the President, Article 301, which defines the crime of insulting the Turkish Nation, the State of the Republic of Turkey, and its institutions and organs, Article 217/A, which defines the crime of publicly disseminating misleading information, and various provisions of the Anti-Terror Law, creates serious questions about compliance with the European Convention on Human Rights. He pointed out that journalists, human rights defenders, opposition representatives, and students targeted under these provisions are negatively impacted, and this undermines the environment for public debate.
The Commissioner also stressed that the obligations set out in the ECHR’s judgments in the cases of Öner and Türk, Altuğ Taner Akçam, Artun and Güvener, Işıkırık, and Nedim Şener have still not been fully implemented, and noted that internet access bans and content removal orders targeting online freedom of expression have become widespread in a way that is contrary to ECHR case law.
Lawyers and civil society should be able to work independently without fear of retaliation
The Commissioner also brought attention to the disproportionate financial and administrative burdens faced by civil society organizations, the inspections carried out under Law No. 5253 on Associations and Law No. 7262, and pressures on bar associations and lawyers. Describing the ongoing criminal proceedings against the Istanbul Bar Association President and Board of Directors as concerning, the Commissioner emphasized that bar associations and lawyers must be able to operate independently and without fear of reprisal.
He called on Turkey to sign the Council of Europe Convention on the Protection of the Profession of Lawyer and to strengthen protection mechanisms relating to the independence and safety of lawyers.
Problems persist in the implementation of ECHR judgments
While acknowledging that Turkey generally implements ECHR judgments at a high rate, the Commissioner expressed that progress is insufficient, especially regarding judgments on structural issues.
He said that the lack of progress in the cases of Osman Kavala v. Turkey, Selahattin Demirtaş (no.2) v. Turkey, and Yüksekdağ Şenoğlu and Others v. Turkey, as well as the failure to implement the Can Atalay and Tayfun Kahraman rulings, undermine the rule of law.
He characterized the refusal of lower courts to implement Constitutional Court decisions as “a serious problem undermining legal certainty.”
The Commissioner also called on Turkey to bring TİHEK fully in line with the Paris Principles, to sign the Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law, and to reconsider the decision to withdraw from the Istanbul Convention.
It was noted that the Commissioner’s detailed observations and assessments on the visit will be published soon.
During the visit, O’Flaherty also held meetings with representatives of relevant ministries, the President of the Constitutional Court, the Union of Turkish Bar Associations, the Istanbul Bar Association, TİHEK, civil society organizations, and young people.