In Turkey, politically persecuted people in particular cannot expect a fair trial. This is also reflected in a recent report by Pro Asyl.
Frankfurt, a. M. – Turkey continues to cause concern for human rights organizations. This is mainly due to the Turkish judiciary. Deporting asylum seekers is therefore dangerous for those affected, human rights activists say to IPPEN.MEDIA. Asylum seekers from Turkey are mainly accused in their home country of “propaganda for a terrorist organization,” “membership in a terrorist organization,” and “support for a terrorist organization.” A recent 140-page report commissioned by Pro Asyl shows that it is practically impossible to defend oneself against such cases. Most of the time, the accusations are “fabricated.”
Hardly any opportunity to defend oneself against terrorism allegations in Turkey
The fact that the accusations of having committed crimes in the area of ”terrorism” in Turkey are mostly fabricated accusations that are made arbitrarily in Turkey is now proven by the Pro Asyl report “On the situation of the judiciary in Turkey. Legal uncertainty in criminal proceedings with a political connection”. It shows that the criminal proceedings based on terrorism-related accusations regularly contradict the criteria of the rule of law.
Those affected should not have the opportunity to defend themselves effectively – they cannot expect a fair trial. In addition, judicial independence is not guaranteed, writes Pro Asyl in its statement.
“Structural abuses” – no independent judiciary in Turkey
The authors of the report criticize, among other things, that there is practically no independent judiciary left in Turkey“Structural deficiencies within the justice system have significantly impaired the independence of the criminal justice system,” the paper states. “Public prosecutors and judges are monitored, sometimes transferred or dismissed after making unpopular decisions, and sometimes criminalized themselves. Judicial independence is no longer guaranteed in criminal proceedings with political implications.”
Those affected can hardly defend themselves against accusations of terrorism because “the investigations in the cases discussed were biased.” “In addition, obviously false evidence is fabricated by witnesses, whose identities are often kept secret, making statements about a large number of people under unclear circumstances and in situations where perceptions and knowledge are not clear,” say the authors. In such cases, the accused does not know who is accusing him. “Due to the secrecy of identity and the restrictions on the rights of the defense, an effective defense against this type of witness testimony is difficult or even impossible. The principles of equality of arms and fairness between prosecution and defense are undermined.”
Judiciary from the Erdogan party – judges and prosecutors with links to the AKP
The former judge at Turkey’s highest court of appeal (Yargitay), Kemal Karanfil, also confirmed that fair trials can no longer be expected in Turkish courts – and this has been the case for more than 10 years. “After the corruption scandal of December 17, 2013, Erdogan began to undermine the judicial system. Prosecutors and judges were appointed from his own ranks, the ruling party AKPstopped,” says Karanfil in an interview with IPPEN.MEDIA. He now lives in exile in Germany. “The situation has worsened dramatically since the attempted coup on July 15, 2016. Judges and prosecutors are practically completely aligned with the AKP government and are issuing verdicts to order – especially in politically motivated trials. Turkey no longer has anything that can be called a justice system.”
The Society for Threatened Peoples (STP) also comes to the same conclusion, in which President Recep Tayyip Erdogan rules with an iron fist. “Our sources in Turkey and Germany also confirm the conclusions of the Pro Asyl report. There can be no talk of an independent judiciary in Turkey. Criminal proceedings have been and are being abused by the judiciary there for political persecution,” said Dr. Kamal Sido, Middle East consultant at the GfbV, to our editorial team.
“German human rights organizations, including the GfbV, discussed this with Annalena Baerbock (Greens) as part of the Human Rights Forum, most recently on August 27, 2024 in Berlin. In many statements, we have warned against believing the Turkish justice system under Erdogan. In particular, Kurds who sympathize with the PKK, supporters of the Gülen movement and other critics of Erdogan’s policies have no chance of a legal process,” Sido continued. These people must therefore be protected from Erdogan’s unjust justice system and not deported to Turkey.
Türkiye should not be considered a “safe third country”
Valeria Hänsel, a refugee and migration officer at the human rights organisation medico, also warns against deportations to Turkey in view of the lack of the rule of law in the country. “Our experience shows that the rule of law in Turkey is very poor. In a detailed report, we have explained this in detail with regard to third-country nationals and shown that the Türkiye cannot be considered a ‘safe third country’. Kurdish refugees who are deported from Germany to Turkey also have to fear political persecution and unfair trials there in many cases,” said Hänsel in response to a request from IPPEN.MEDIA.
The International Society for Human Rights (IGFM) also comes to the conclusion that there is de facto no longer an independent judiciary in Turkey. “The judiciary in Turkey is largely subservient to the state and is aligned. Women, LGBT people, refugees, opposition members, media workers and members of ethnic and religious minorities in particular suffer from arbitrary arrests, unfair trials and subsequent imprisonment,” Valerio Krüger, spokesman for the IGFM board, told our editorial team.
The Judgments of the European Court of Human Rights (ECHR) are regularly ignored by the Erdogan governmentThe ECHR has repeatedly ordered the release of cultural patron Osman Kavala, who has been in prison for more than six years in connection with the anti-government Gezi protests. However, Turkey is ignoring the rulings. (erpe)
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