Türkiye: Torture and lack of effective investigations remain serious problems

Eight years after its last review, torture and other forms of ill-treatment remain among significant human rights concerns in Türkiye. Individuals accused of terrorism or persecuted for political dissent continue to face severe abuse, including torture and ill-treatment, including psychological ones. There are also significant concerns about the conditions in closed and high-security penitentiary institutions. Political prisoners often endure inadequate medical care, limited access to lawyers and family visits, and poor detention conditions, all of which aggravate their suffering and undermine their rights.

Despite the existing legal framework and the adoption of new legislation and human rights action plans against torture, implementation and enforcement of the Convention against Torture remain ineffective. The failure to conduct thorough investigations and prosecute alleged perpetrators exacerbates these concerns, fostering a climate of impunity.

Following the 15 July 2016 coup attempt, the Turkish government declared a state of emergency, which ended after two years on 19 July 2018, and enacted several emergency decrees. This period was marked by increased human rights abuses, including significant pressure on human rights defenders, journalists, and other critics.

This report outlines key challenges and provides recommendations to strengthen Türkiye's commitment to protecting fundamental human rights and implementing the Convention. The primary concerns highlighted include:

• Non-refoulement and conditions in removal centres;
• Torture during arrests, mainly related to demonstrations under Law No. 2911;
• Insufficient independent oversight in prisons, with the current oversight body (TİHEK) failing to meet the Paris Principles and restrictions on civil society organisations conducting independent monitoring;
• Inadequate investigation and prosecution of torture and ill-treatment, leading to impunity and lack of redress;
• Increasing ill-treatment of terrorism suspects, journalists, and human rights defenders, coupled with legal harassment and prolonged legal processes;
• Lack of impartiality in prison administration, with arbitrary decisions on detainee rights and conditions and ineffective judicial oversight;
• Severe violations, including incommunicado detention and the lack of communication with prisoners in İmralı Island Prison for over 38 months.

The full report in English is available here.

Signatories:

1. Association of Lawyers for Freedom (Özgürlük İçin Hukukçular Derneği, ÖHD)
2. Foundation for Society and Legal Studies (Toplum ve Hukuk Araştırmaları Vakfı, TOHAV)
3. Media and Law Studies Association (Medya ve Hukuk Araştırmaları Vakfı, MLSA)
4. World Organisation Against Torture (OMCT)