Detailed United Nations Allegation Letter

Since the failed coup attempt on July 15, 2016, Türkiye has been engulfed in a wave of mass arrests and detentions, resulting in the deprivation of liberty for hundreds of thousands of individuals. The crackdown has indiscriminately targeted a diverse array of volunteers or sympathizers of the Hizmet Movement, real or alleged. These individuals have been detained on a range of terrorism-related charges without concrete evidence, under the guise of national security concerns.

The joint letter dated October 7, 2024, (ALTUR5/2024) outlines once again practices by the Turkish government that violate international human rights law, including mass arrests and detentions and unjust prosecutions under overly broad and ambiguous anti-terrorism laws, transnational abductions, misuse of terrorist ‘Grey Lists’, and surveillance abuses.

Between June 2023 and June 2024 alone, over 8,800 individuals were detained, with 1,500 formally charged with terrorism offenses. In a statement made in July 2022, former Minister of Interior, Soylu, announced that 332,884 people were detained between 15 July 2016 and 20 June 2022 because of their alleged Hizmet Movement links. According to the Turkish Justice Minister’s statement in July  2024, more than 702,000 people have been investigated by the police for terrorism charges (Article 314 of the Turkish Penal Code) since the 2016 coup attempt over their affiliation with the Hizmet Movement. Human Rights Watch stated in its 2022 and 2023 reports that “tens of thousands of people continue to face unfair trials on terrorism charges on the basis of their alleged links with the movement led by US-based cleric Fethullah Gülen”. A particularly grave concern raised by the rapporteurs is the detainment of children under counter-terrorism laws and their serious mistreatment while in detention.

The Special rapporteurs expressed their profound concerns about the lack of independent and effective investigations by Turkish authorities into the alleged abuses resulting from extraterritorial abductions and the forcible return of Turkish nationals. As noted in the letter, State-sponsored extraterritorial abductions and the forcible return without legal process of individuals from third countries may result in serious violations of the individuals’ rights to liberty, personal security, integrity, and fair trial and may also amount to enforced disappearance. The Turkish government has been accused of orchestrating abductions and forced returns of suspected Hizmet affiliates from abroad under vague and opaque bilateral security agreements. Victims reportedly endured secret detention, torture, and coercion, leading to confessions that were subsequently used in prosecutions. In its most recent Concluding Observations about Türkiye, the Human Rights Committee noted its concerns about the extraterritorial abduction and forcible transfer to Türkiye of more than 100 persons suspected of being affiliated with the Hizmet Movement without any judicial extradition procedure (so did the Committee against Torture).

The UN Special procedures mandate holders also condemned Türkiye’s utilization of public “grey lists,” which designate individuals—including journalists and human rights defenders—as terrorists without substantiated evidence or adherence to due process. These lists, which often display personal details and photographs, are accompanied by monetary rewards for information leading to arrests. This practice, according to the rapporteurs, jeopardizes lives, infringes upon fundamental freedoms, and fosters what has been described as a “hit man economy.”

The misuse of surveillance powers has also drawn sharp criticism. The rapporteurs raised their concerns about the excessive powers of the National Intelligence Organization (MIT) and the absence of a framework for judicial authorization and review, and provisions preventing the accountability of the MIT for the misuse of its powers. They expressed their concerns about the conviction of persons based on ByLock data, the probative value of which is highly questionable. These practices, as noted by the rapporteurs, lack procedural fairness, contravene international standards of due process, and constitute serious violations of privacy rights. The rapporteurs supported the analysis that the European Court of Human Rights (ECtHR) reached in Yüksel Yalçınkaya v. Türkiye (No. 15669/20) and advised the Turkish judiciary to order retrials in all cases in which ByLock evidence was relied upon, and to urgently implement safeguards to address the existing disparities in cases relying on ByLock data procured by MİT.

The Special rapporteurs highlighted that the designation of the Hizmet Movement as a terrorist organization does not meet due process requirements or satisfy the model definition of terrorism advanced by the Special rapporteur on counter-terrorism and human rights. They reiterated their general concerns raised previously in communication OL TUR 13/2020 that Anti-Terror Law No. 3713 and the Turkish Penal Code are drafted with overly broad language, permitting their systematic misapplication against political dissidents, journalists, and individuals suspected of affiliation with the Hizmet Movement. They indicated that there is a trend in Türkiye where individuals and groups linked to the Hizmet Movement face significant risks, including arbitrary detention, invasions of privacy, and threats to their safety.

Türkiye has refused to respond substantively to the rapporteurs’ inquiries, instead using dismissive rhetoric to accuse the Hizmet Movement of exploiting international human rights mechanisms. This blatant disregard highlights Türkiye’s unwillingness to address credible allegations of systemic abuse.