In August 2025, Türkiye’s Parliament established the cross-party National Solidarity, Sisterhood/Brotherhood and Democracy Commission to identify the social and political foundations of unity, strengthen democratic participation, and propose legal and institutional reforms aimed at ending polarization and fostering peaceful coexistence. This initiative follows an agreement with the jailed PKK leader Abdullah Öcalan, culminating in the PKK’s statement in May 2025 that it intended to disarm and dissolve. The briefing prepared for the Commission by TLSP, Human Rights Watch, and the International Commission of Jurists draws on extensive experience in documenting Türkiye’s human rights record and provides recommendations for reforms essential to protecting human rights, justice, and the rule of law as prerequisites for sustainable peace.
Türkiye has faced a prolonged human rights and rule of law crisis, deeply embedded in its legal and political structures. Successive governments have undermined judicial independence, criminalized dissent, and violated multiple human rights, particularly targeting Kurds and politically oppositional groups. The country’s systemic failures are reflected in its European Court of Human Rights (ECtHR) record, with Türkiye accounting for over a third of all pending applications in 2025 and ranking among states with the highest number of violations. Many ECtHR judgments remain unimplemented, highlighting persistent issues of impunity and lack of accountability. Parallel concerns are expressed by the Parliamentary Assembly of the Council of Europe and the European Union, including democratic backsliding, misuse of counter-terrorism laws, and repression of civil society and media, while the EU accession process remains effectively frozen.
The unresolved conflict between Türkiye and the PKK has historically justified legal exceptionalism and the criminalization of non-violent Kurdish political activism. Emergency powers and extraordinary measures have evolved over decades but consistently targeted opposition under the guise of security. The ongoing dialogue between the parties, alongside the Commission’s establishment and the PKK’s disarmament declaration, presents an opportunity for dismantling entrenched exceptionalism and instituting comprehensive reforms to uphold human rights, strengthen judicial independence, and promote the rule of law. The briefing focuses on systemic issues within the Commission’s mandate, including abusive anti-terror laws, misuse of criminal law against political dissent, violations of freedom of peaceful assembly, and denial of hope for prisoners serving aggravated life sentences without review or release. Structural challenges such as lack of judicial independence and persistent impunity underpin these problems and must be addressed to achieve meaningful democratic transformation.
Türkiye’s anti-terror legal framework, particularly Law No. 3713 and various Penal Code provisions, has been widely misused to criminalize peaceful political activity, human rights work, journalism, and dissent. Broad and vague definitions allow authorities to classify lawful acts as terrorism, enabling arbitrary arrests, pre-trial detention, and convictions without credible evidence. Lawyers, journalists, human rights defenders, and elected representatives have faced repeated prosecution and intimidation, undermining civic space, silencing criticism, and weakening the independence of the judiciary. Despite repeated calls from international bodies, Türkiye has failed to align its laws with principles of legality, necessity, and proportionality, leaving critical actors vulnerable to persecution and violating rights to expression, association, assembly, and fair trial.
The misuse of criminal law against elected officials, especially pro-Kurdish and minority party representatives, reflects a deliberate strategy to suppress political pluralism. Mayors, MPs, and municipal council members face arrest, removal, prosecution, and imprisonment under anti-terror provisions, while government-appointed trustees replace dismissed local officials. These measures target peaceful political advocacy and perpetuate historical patterns of exclusion, mistrust, and polarization. The Commission has a critical mandate to address these structural abuses, recommending reforms to repeal or revise arbitrary anti-terror laws, amend Penal Code provisions used to criminalize dissent, and restore judicial independence. Ensuring protection for political actors, human rights defenders, and journalists is essential for building democratic representation, fostering reconciliation, and creating conditions for lasting peace in Türkiye.
