Council of Europe Commissioner for Human Rights, Michael O'Flaherty, released a memorandum today addressing freedom of expression, peaceful assembly and association, and aspects of the administration of justice in Türkiye, following his visit to the country in December 2025.
Ensuring freedom of expression and media pluralism
The Commissioner is concerned that domestic courts broadly interpret Criminal Code and Anti-Terrorism Law provisions to unduly restrict the expression of opinion and human rights advocacy. He recalls that the European Court of Human Rights has found violations in various judgments against Türkiye where criminal liability was imposed for peaceful expression, political speech, or civil society activities, and where judicial decisions lacked adequate and individualised reasoning. A review should ensure conformity with the Court's case-law and guidance by the Venice Commission, in particular the requirements of legality, foreseeability, and proportionality.
He draws attention to the pressure that human rights defenders, journalists and independent media face from criminal investigations, arbitrary regulatory and administrative measures, especially when speaking out on legal and political developments in the country that affect human rights. He urges the authorities to ensure that all media and human rights defenders can work safely, free from reprisals or arbitrary interference. He calls for the revision of Law Nos. 5651 (Internet) and 6112 (Broadcasting services) to ensure that all restrictions, such as access blocking, content removals, bandwidth throttling, are strictly necessary and subject to independent judicial oversight.
Protecting freedom of peaceful assembly and association
The Commissioner notes with concern the frequent use of blanket bans and administrative restrictions on demonstrations, and the allegations of excessive use of force by law enforcement in this context. He recalls that any restrictions should serve a legitimate aim, be necessary and proportionate, and should not be based on broad grounds like "public order" or "morality", unless this is strictly justified and based on an individual assessment. All allegations of excessive force or arbitrary detention must be investigated to ensure accountability and redress.
Highlighting the restrictive environment for civil society, the Commissioner urges the authorities to bring Law No. 3713 (Anti-Terrorism Law) and Law No. 7262 (on preventing financing of proliferation of weapons of mass destruction) into full compliance with the European Convention on Human Rights and prevent the misuse of these laws against civil society. Closure or criminal proceedings against associations must only ever be a last resort, justified by convincing reasons and subject to effective judicial review. Concrete steps must be taken to enable and safeguard a vibrant civil society, including organisations defending the rights of women, minorities, and LGBTI people, ensuring they can operate and cooperate internationally without fear of reprisal.
Strengthening the administration of justice
Turning to the justice system, the Commissioner notes persistent challenges regarding judicial independence, prosecutorial practice, fair trial guarantees, the situation of lawyers, and the execution of Constitutional Court judgments. He calls for a reform of the Council of Judges and Prosecutors (CJP) in line with European standards, to ensure that it is free from executive interference, and that its powers regarding recruitment, promotions, transfers and disciplinary proceedings are exercised based on objective criteria and a transparent process.
The Commissioner is concerned that bar associations in Türkiye have been facing obstacles impeding their ability to fulfil their role, and that lawyers have increasingly been restricted in performing their professional duties. He recalls that lawyers and bar associations are fundamental to ensuring effective access to justice, the protection of human rights, and the proper functioning of the justice system and should be able to operate independently and safely.
He calls on Türkiye to implement all judgments of the European Court of Human Rights without further delays.
Other steps to strengthen human rights protection
The Commissioner also encourages Türkiye to strengthen the human rights protection by rejoining the Istanbul Convention to bridge the protection gap regarding violence against women, ratify the Council of Europe Convention for the Protection of the Profession of Lawyer, and reform the Human Rights and Equality Institution of Türkiye (TİHEK) to ensure its independence in compliance with the UN Paris Principles.
- Read the Commissioner's memorandum following his visit to Türkiye from 1 to 5 December 2025 (also in Turkish)
- Read the comments of the Turkish authorities on the Commissioner's Memorandum
