The unpredictable and arbitrary broad interpretation of anti-terror legislation in Turkey has become a structural issue. This situation, which also points to problems related to judicial independence, reveals a deficiency in the rule of law. As a result, anyone who expresses views displeasing to those in power—including opposition politicians, civil society workers, journalists, academics, and human rights defenders—can be subjected to investigation, prosecution, arrest, and conviction based on vague terrorism charges. This leads to the unlawful restriction of fundamental rights and freedoms, particularly freedom of expression and association.Over the past decade, numerous independent observers have written countless reports on the unpredictable interpretation of anti-terror legislation, and international organizations have repeatedly warned Turkish authorities on this matter. However, it is difficult to say that any positive developments have occurred. In 2016, the Venice Commission produced a report on certain articles of the Turkish Penal Code, finding that these articles were applied in an overly broad and unpredictable manner, violating the rights safeguarded by the European Convention on Human Rights. The Commission issued warnings that these provisions should be amended and applied in a manner consistent with the principles of the Convention.[1] Over the past decade, the Council of Europe’s Human Rights Commissioners have also published numerous country reports and memoranda on Turkey, highlighting arbitrary applications of anti-terror legislation and offering warnings and recommendations to Turkish authorities.[2]The European Court of Human Rights (ECHR) has also issued rulings on several articles of the Turkish Penal Code, including Article 125/3[3] on insulting a public official due to their duties, Article 220/6[4] on committing a crime on behalf of an organization without being a member, Article 220/7[5] on aiding an organization, Article 299[6] on insulting the President, Article 301[7] on insulting the Turkish nation and state institutions, and Article 314[8] On membership in a terrorist organization. These rulings determined that these provisions were interpreted in an unpredictable manner, and actions intended to exercise rights protected by the Convention were criminalized. The Committee of Ministers, which oversees the implementation of ECHR judgments, periodically monitors whether the general measures required by these rulings have been adopted by Turkish authorities. To date, no general measures have been deemed implemented for any of these judgments, nor have they been removed from the monitoring process.On October 22, 2024, the European Court of Human Rights (ECHR) ruled that Article 314 of the Turkish Penal Code had been applied in an unpredictable manner, leading to the arrest of a politician on charges of membership in a terrorist organization due to their political speeches. The Court found that this application violated both Article 10 of the Convention, which guarantees freedom of expression, and Article 5, which guarantees the right to liberty and security of person.[9]The applicant, who is the co-chair of the Democratic Regions Party, was investigated on charges of membership in a terrorist organization due to speeches made at various political meetings and statements given to the press. The applicant was detained on May 12, 2016, subsequently arrested, and later convicted at the end of the trial. The application in question pertains to an appeal based on the detention. The European Court of Human Rights (ECHR) noted that all charges against the applicant were related to political speeches, which included severe criticism of the government and law enforcement but did not praise or incite violence, nor did they contain hate speech. The Court considered that these criticisms fell within the limits of freedom of expression. It also pointed out that there was no concrete evidence in the case file to suggest that the applicant acted in line with the instructions of a terrorist organization and that the detention orders were not based on such evidence. The ECHR concluded that the legislation was interpreted in an arbitrary and unpredictable manner.In this ruling, the European Court of Human Rights (ECHR) specifically references findings by both the Venice Commission and the Council of Europe’s Commissioner for Human Rights, highlighting that Turkish judiciary systematically applies anti-terror legislation without considering the principles of the Convention. The ECHR’s determination that this issue is structural and systemic is likely to have significant future implications. Recent developments further confirm the validity of this assessment. A return to the rule of law in Turkey is achievable only if the judiciary aligns with universal standards and ceases to be instrumentalized.

Anti-terror Legislation ile ilgili hikayeler