United Nations human rights special rapporteurs have raised serious concerns over the imprisonment and mistreatment of human rights lawyers in Turkey and expressed concern that the charges against them were politically motivated and that they have been subject to unfair trials and mistreatment in prison.
In a letter dated December 13 and made public on Monday, three UN special rapporteurs expressed “serious concern” over the imprisonment of members of the Progressive Lawyers’ Association (ÇHD), a group that defends victims of police violence and political repression, and other rights defenders, including Özgür Yılmaz, Behiç Aşçı, Engin Gökoğlu, Süleyman Gökten, Barkın Timtik, Selçuk Kozağaçlı, Oya Aslan, Aytaç Ünsal and Turan Canpolat.
Rapporteurs Mary Lawlor (Special Rapporteur on human rights defenders), Ben Saul (Special Rapporteur on human rights while countering terrorism) and Alice Jill Edwards (Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment) said they were particularly concerned about allegations of arbitrary detention, physical abuse and the misuse of Turkey’s counterterrorism laws.
“We remain deeply worried about the apparent misuse of the Anti-Terror Code,” the rapporteurs said, adding that these laws have been used in a manner that “criminalizes human rights defenders and lawyers for their work.”
The letter refers to allegations that many of the lawyers were denied a fair trial. Concerns were raised about the ÇHD trial, which led to prison sentences ranging from three to 18 years for several of the lawyers. The UN experts noted that Turkey’s Supreme Court of Appeals upheld these sentences in December 2020, despite previous criticism about the impartiality of the proceedings.
The special rapporteurs also expressed concern that Ünsal and Canpolat were mistreated in prison.
According to information received by the rapporteurs, on September 3, 2024 at the Edirne High-Security Prison, prison guards beat Ünsal after he refused to allow them to visually inspect the inside of his mouth ahead of a hospital visit. He was forced to comply with the search and did not sustain serious injuries.
The UN experts added that Canpolat was subject to inhumane conditions in Elaziğ No. 2 Type Closed Prison. He was “placed in a cell in isolation” for “two years and eight months,” although “no orders for disciplinary measures had reportedly been given,” despite such measures being required under Turkish law to justify isolation.
Canpolat was “summoned by the prison administration and asked to sign a letter confessing to the offense he was convicted of and promising that he would not repeat it, and to denounce fellow inmates as terrorists.”
He was told that unless he signed the statement, he would not be transferred to an open prison. The UN experts described this as “an act amounting to psychological ill-treatment.”
Canpolat, a defense lawyer and member of the Malatya Bar Association, was arrested in 2016 and later convicted under Turkey’s counterterrorism laws. His conviction was based on alleged ties to the Gülen movement.
Turkish President Recep Tayyip Erdoğan has been targeting followers of the Gülen movement, inspired by the late Muslim cleric Fethullah Gülen, since corruption investigations revealed in 2013 implicated then-prime minister Erdoğan as well as members of his family and his inner circle.
Dismissing the investigations as a Gülenist coup and conspiracy against his government, Erdoğan designated the movement as a terrorist organization and began pursuing its followers. He intensified the crackdown on the movement following an abortive putsch in 2016, which he accused Gülen of masterminding. Gülen and the movement strongly deny involvement in the coup attempt or any terrorist activity.
His arrest stemmed from a statement given by one of his own clients, who later retracted the accusation and claimed it was made under coercion. The client claimed that the police had manipulated the arrest warrant to include Canpolat’s name and altered the date to make it appear as if it had been issued before his detention.
The special rapporteurs urged Turkey to provide explanations for the reported cases and take steps to revise its counterterrorism legislation to align with international human rights standards.
They also requested details on any investigations into the alleged physical and psychological mistreatment of Ünsal and Canpolat and an explanation as to why Canpolat’s request for transfer to an open prison was denied, despite a prison administration report indicating that he met the eligibility criteria.
The UN’s intervention comes amid broader concerns over Turkey’s human rights record, particularly its treatment of journalists, activists and political opponents.
Rights groups have repeatedly accused President Recep Tayyip Erdoğan’s government of using anti-terror laws to target dissenting voices.
The UN experts warned that if the allegations are confirmed, Turkey may be in violation of multiple international agreements, including the International Covenant on Civil and Political Rights and the Convention Against Torture, both of which it has ratified.
For now, the fate of the imprisoned lawyers remains uncertain as their appeals wind through Turkey’s judicial system. Meanwhile, human rights groups continue to push for their release.
