United Nations special rapporteurs have raised serious concerns over the arrest and prosecution of Enes Hocaoğulları, a 23-year-old LGBTQ+ activist and Turkey’s youth delegate to the Council of Europe’s Congress of Local and Regional Authorities.
In a communication sent to the Turkish government on September 8 and made public on November 4, three UN special rapporteurs said they were concerned by reports that Hocaoğulları was arrested and charged with “public dissemination of misleading information” and “incitement of the public to hatred and enmity” after a speech at the Council of Europe in which he criticized police violence and human rights violations in Turkey.
The rapporteurs said Hocaoğulları’s arrest and prosecution may contravene Turkey’s obligations under international human rights law, including the rights to freedom from arbitrary detention, freedom of expression, freedom of association and non-discrimination in the enjoyment of all of these rights.
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Irene Khan, Special Rapporteur on the rights to freedom of peaceful assembly and of association Gina Romero and Special Rapporteur on the situation of human rights defenders Mary Lawlor called on Turkish government to explain how these measures comply with Turkey’s international human rights obligations.
Hocaoğulları was taken into police custody at Ankara’s Esenboğa Airport on August 4 and later arrested by a court. The charges stem from a speech he delivered on March 27 in Strasbourg, where he denounced police brutality, shrinking space for dissent and the arrest of opposition mayors, including İstanbul Mayor Ekrem İmamoğlu. He was released from jail on September 8 pending trial.
İmamoğlu, a leading figure in the opposition Republican People’s Party (CHP), was detained on March 19 and arrested days later on charges of corruption, criticized as politically motivated, with his arrest sparking Turkey’s worst protests in a decade. Since he is still behind bars, his mayoral duties are currently being performed by a deputy.
Opponents and international observers view the legal action against İmamoğlu, seen as the main political threat to President Recep Tayyip Erdoğan’s 23-year rule, aimed at sidelining a major rival and signaling tougher control over the opposition ahead of future elections.
In its response, dated November 4, the Turkish government stated that following a complaint by a citizen residing in the province of Kırşehir, an inquiry has also been initiated into Hocaoğulları for the offense of “degrading the organs [military and security organizations] of the State,” regulated in Article 301 of the Turkish Penal Code (TCK).
The Ankara Public Prosecutor’s Office on June 27 requested permission to open an investigation on that offense, which requires the approval of the minister of justice. The request is still awaiting the minister’s decision.
