ABOUT

Movement For Uncondıtıonal Justice

WHO WE ARE

We are young lawyers who have been subject to political pressure through the judiciary in Turkey. As lawyers who come from different ideologies, different geographies, and different backgrounds yet who are united around a common vision of the future, we are human rights defenders who want to take action together against a repressive regime that has been keeping different segments of society under intense pressure regardless of their ethnic origin or political opinion.

 

WHY WE TAKE ACTION

Turkey has been going through a period in which fundamental rights and freedoms, especially “prohibition of torture, right to liberty and security, right to a fair trial, and freedom of expression”, have been severely violated. The political regime has been on course to destroy the rule of law at full speed. Through judicial ingenuity, it has been systematically carrying out a policy of intimidation against any person or group who has confronted it. Due to the current situation of the judiciary in Turkey, there is no possibility that domestic legal remedies will be effective. Trials are only carried out as a theatrical production. Courtrooms have become theatre scenes where the play is performed, and judges and prosecutors have become extras of this play. The Constitutional Court (CC) gives decisions contrary to judgments of the European Court of Human Rights (ECtHR), and local courts do not implement the CC decisions. 184 judgments of the ECtHR remain pending full implementation. The ECtHR is the ultimate authority of solution to Turkey's judicial crisis that emerged under a regime that does not consider monetary compensations as a deterrent.

 

WHAT WE ASK FOR

Waiting for the judiciary, which causes irreparable harm every day, to recover in itself will have no consequences other than exacerbating the extent of the harm. On behalf of all those who deserve to live in a fair and free country regardless of their ethnic origin, religious or political opinion, we ask the ECtHR to immediately fulfill its mandate so that no further violations of fundamental rights and freedoms take place. Our request to the Council of Europe, as the enforcement authority for judgments and the guarantor of the values protected by the Court, is to take concrete action on hundreds of unimplemented judgments.

To have our demands fulfilled, we will gather before the European Court of Human Rights as the “Movement for Unconditional Justice” every Friday.

We invite all those who demand “unconditional justice” to take action together with us!

 

MOVEMENT FOR UNCONDITINIONAL JUSTICE

Notice

NOTICE - ENGLISH

ENGLISH

As young lawyers who come from different ideologies, different geographies, and different backgrounds yet who are united around a common vision of the future, we have been subject to political pressure through the judiciary in Turkey. We are aware that taking action is now an imperative, not a choice, in order to promote justice and establish the rule of law against a repressive regime that has been keeping different sections of society under intense pressure for years. The political regime has been on course to destroy the rule of law at full speed. Through judicial ingenuity, it has been systematically carrying out a policy of intimidation against any person or group who has confronted it. At this point, the departure from the rule of law has become a clear threat against the entire country as well as the peoples belonging to the geographical region surrounding Turkey. As lawyers this situation places on us a responsibility stemming from the fundamental principles of our profession. The only way out from this ongoing judicial crisis is to be in solidarity with and show empathy for all segments of the society regardless of their ethnic origin or political opinion under the human rights umbrella.

 

Since the signature of the European Convention on Human Rights (Convention) in 1950, Turkey has gone through a period in which fundamental rights and freedoms have been severely violated, including core rights of the Convention such as “prohibition of torture, right to liberty and security, right to a fair trial, and freedom of expression”. With respect to judicial independence, our country's justice system is experiencing one of the greatest traumas in its history. Turkish judiciary exists only “in appearance”. The general rule has become that there is no judicial decision contrary to political will. Even some high court decisions “applying legal criteria” on its face do not have any significance in practice. Especially in politically-motivated cases, judicial bodies do not apply universal principles of human rights law. They put aside basic principles of due process and the measures put forward in the Convention. Due to the current situation of the judiciary in Turkey, there is no possibility that domestic legal remedies will be effective. All legal mechanisms have turned into a dead end. Trials are only carried out as a theatrical production to fulfill procedural requirements. Courtrooms have become theatre scenes where the play is performed, and judges and prosecutors have become extras of this play.

 

The Constitutional Court (CC) gives decisions contrary to judgments of the European Court of Human Rights (ECtHR) on the grounds that “Turkish courts are in a much better position than the ECtHR” in the interpretation of domestic law. On the other hand, local courts do not implement the CC decisions for the reason that they “fall within the scope of review of expediency”. 184 judgments of the ECtHR remain pending full implementation. The ECtHR is the ultimate authority of solution to Turkey's judicial crisis that emerged under a regime that does not consider monetary compensations as a deterrent. On behalf of all the groups suffering under pressure in Turkey, we ask that the ECtHR faithfully carry out its mission as the guarantor of fundamental rights and freedoms secured by the Convention against the politically driven judiciary.

 

On behalf of all those who deserve to live in a fair and free country regardless of their ethnic origin, religious or political opinion, we ask the ECtHR to immediately fulfill its mandate so that no further violations of fundamental rights and freedoms take place. Our request to the Council of Europe, which oversees the execution of judgments of the ECtHR as the guarantor of the values protected by the Court, is to take concrete action on hundreds of unimplemented judgments. In the decision-making process, it should not be ignored that there are no longer any functional domestic remedies to be exhausted in the Turkish judicial system. Waiting for the judiciary, which causes irreparable harm every day, to recover in itself will have no consequences other than exacerbating the extent of the harm. As Turkey moves every day towards a darker point with the destruction of fundamental rights and freedoms, the Court and the Council must take all necessary steps with determination.

 

After a rigorous process of consultation with people from diverse backgrounds, we have come to the realization that it has become imperative to take action beyond shouting out. Therefore, to have our demands fulfilled, we will gather before the European Court of Human Rights as the “Movement for Unconditional Justice” every Friday starting on 27 November 2020!

 

We invite all those who demand “unconditional justice” to take action together with us!

 

MOVEMENT FOR UNCONDITIONAL JUSTICE

Notice

NOTICE - GERMAN

GERMAN

Wir als junge Anwälte, die unterschiedliche Meinungen haben, aus unterschiedlichen Regionen kommen und mit unterschiedlicher Vergangenheit da sind, jedoch ein Bewusstsein dafür haben, dass wir uns in eine gemeinsame Zukunft begeben, da wir dem politischen Druck der Justiz in der Türkei ausgesetzt worden sind; wir sind uns dem bewusst, dass es nun viel mehr eine Verpflichtung als eine Entscheidung ist, „bedingungslos“ für die Schaffung von Gerechtigkeit zu handeln, gegen ein Unterdrückungsregime, in dem seit Jahren versucht wird, verschiedene Gesellschaftsschichten unter starkem Druck und der Herrschaft zu halten. Ein politisches Regime, das mit voller Geschwindigkeit auf dem Weg der absoluten Gesetzlosigkeit voranschreitet; es hat jeden ihm im Weg stehendes Element mit einer Politik der gerichtlichen Einschüchterung systematisiert. Ab dem erreichten Zeitpunkt ist dieser Trend zu einer offensichtlichen Bedrohung für das ganze Land und sogar für die Völker der Geographie geworden. Diese Situation legt uns Anwälten eine Verantwortung auf, die sich aus den existenziellen Prinzipien unseres Berufes ergibt. Der einziger Ausweg aus der seit langen Jahren anhaltenden schweren Rechtskrise ist, in Solidarität auf dem Nenner der Menschenrechte voran zu schreiten, indem in alle Bereiche der Gesellschaft eingefühlt wird, unabhängig ihrer Identität und Meinung.

 

Die Türkei durchläuft seit 1950 eine Periode, in der in schwerster Form die Grundrechte und Grundfreiheiten verletzt werden. Seit sie die Europäische Menschenrechtskonvention (Konvention) als Baustein des Vertrages, das „Verbot von Folter, das Recht auf Freiheit und Sicherheit, das Recht auf ein faires Verfahren und die Meinungsfreiheit“, unterzeichnet hat. Das Justizsystem unseres Landes erlebt eines der größten Traumata seiner Geschichte in Bezug auf die Unabhängigkeit der Justiz. Die türkische Justiz existiert derzeit nur „formal“. Es ist eine allgemeine Regel geworden, dass kein gerichtliche Entscheidung gegen die Diskurse des politischen Willens getroffen wird. Selbst die Entscheidungen der Obersten Gerichte, bei denen ausnahmsweise der Anschein erweckt wird, dass „rechtliche Kriterien angewendet werden“, führen in der Praxis zu keinen Ergebnissen. Insbesondere in politischen Fällen haben die Justizbehörden ihre Verbindungen zum universellen Recht vollständig abgebrochen. Die Grundsätze nach denen das Urteil gefällt werden sollte und die EMRK, die sie sichert, wurden zurückgestellt. Aufgrund der Situation der türkischen Justiz ist es unwahrscheinlich, dass der innerstaatliche Rechtsstreit zu einer wirksamen Lösung führt. Fast alle rechtlichen Prozesse haben sich in Sackgassen verwandelt. Die Urteile werden nur durchgeführt, um die formellen Anforderungen als Rituale zu erfüllen. Die Gerichtssäle sind zu Spielszenen geworden, in denen dieses Ritual durchgeführt wird, während die Richter und Staatsanwälte zu Statisten dieses Rituals geworden sind.

 

Das Verfassungsgericht trifft, bei der Auslegung des innerstaatlichen Rechts, Entscheidungen, die gegen die Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte (EGMR) verstoßen, mit der Begründung, dass „türkische Gerichte in einer viel besseren Position sind als der EGMR“. Die örtlichen Gerichte jedoch setzen die Entscheidungen des Verfassungsgerichts nicht um, mit der Begründung, dass „sie in den Geltungsbereich der Angemessenheitsüberprüfung fallen“. Die 184 Urteile des EGMR wurden noch nicht umgesetzt. Gegen die Verstoßentscheidungen, die ausschließlich als Entschädigungsbestimmungen gesehen werden, nach dem Prinzip „bezahlen wir, egal was es kostet“, ist die endgültige autoritäre Lösungsinstanz der Justizkrise in der Türkei das EGMR. Wir im Namen aller unter Druck stehenden Gemeinschaften in der Türkei; wir fordern, dass der Gerichtshof tatsächlich die Pflicht übernimmt, gegen die politisch motivierte Justiz, die Garantie der durch den Konvent geschützten Grundrechte und Grundfreiheiten zu sein.

 

Unsere Bitte an den EGMR im Namen aller Gemeinschaften, die es verdienen, unabhängig von der ethnischen Herkunft, der Religion und der politischen Meinung, in einem gerechten und freien Land zu leben, jedoch in der Türkei unter Druck stehen; dass er seine Aufgabe unverzüglich erfüllt, damit die durch die Konvention geschützten Grundrechte und Grundfreiheiten, gegen die Justiz unter dem politischen Regime, nicht weiter verletzt werden. Unsere Bitten vom Europäischen Rat, als Garant für die Werte, die von der Aufsichtsbehörde und dem Gericht für die Vollstreckung von Entscheidungen geschützt werden, sind konkrete Schritte in Hunderten von nicht vollstreckten Entscheidungen zu vollziehen. Es sollte nicht übersehen werden, dass in Entscheidungsprozessen in der türkischen Justiz es keinen funktionierenden internen Rechtsbehelf zu konsumieren gibt, sondern im Gegenteil es das Gesetz selbst ist, das konsumiert wird. Das Warten darauf, dass die Justiz die Wahrheit in sich findet, was mit jedem Tag zu nicht kompensierbaren Schäden führt, erhöht nur das Ausmaß des Schadens. Der Gerichtshof und der Rat müssen entschlossen alle erforderlichen Schritte unternehmen, da die Türkei sich jeden Tag einem dunkleren Punkt in Bezug auf die Zerstörung der Grundrechte und -freiheiten nähert.

 

Infolge des intellektuellen Prozesses, der mit vielen Menschen unterschiedlicher Meinung durchgeführt wird, ist es zu einer Notwendigkeit geworden, über das Schreien unserer Stimmen hinaus zu handeln. Um unsere Forderungen in dieser Hinsicht zu erfüllen, werden wir als „die Bewegung für bedingungslose Gerechtigkeit“ ab dem 27. November jeden Freitag vor dem Europäischen Gerichtshof für Menschenrechte Wache halten!

 

Wir laden alle ein, die „bedingungslose Gerechtigkeit“ fordern, mit uns zu handeln!

 

DIE BEDINGUNGSLOSE GERECHTIGKEITSBEWEGUNG

 

Notice

NOTICE - FRENCH

FRENCH

Jeunes avocats venus de différentes idéologies, géographies, horizons mais qui sont conscients de marcher vers un avenir commun, et qui avons subi la pression politique menée par le biais du système judiciaire en Turquie, nous sommes bien conscients qu’agir est désormais plus une obligation qu'un choix afin que la justice "inconditionnelle" soit établie contre un régime oppressif dans lequel les différents segments de la société tentent d'être soumis depuis plusieurs années à une pression et domination intenses. Le régime politique, avançant à toute vitesse sur la voie de l'anarchie absolue, a systématisé, par le biais de la justice, sa politique de suppression de tous les éléments qui lui sont soumis. Cette situation nous impose, avocats, une responsabilité qui découle des principes existentiels de notre profession. La seule manière de se débarrasser de la grave crise juridique qui sévit depuis de nombreuses années est de marcher solidairement sur le dénominateur des droits de l'homme en faisant preuve d'empathie avec tous les segments de la société, indépendamment de leur identité et de leurs opinions.

 

Depuis sa signature de la Convention européenne des droits de l'homme (Convention) en 1950, la Turquie traverse une période où les droits et libertés fondamentaux sont violés le plus sévèrement tels que « l'interdiction de torture, le droit à la liberté et à la sûreté, le droit à un recours équitable et la liberté d'expression », lesquels sont la pierre angulaire de la Convention. Le système judiciaire de notre pays vit l'un des plus grands traumatismes de son histoire en termes d'indépendance judiciaire. La justice turque n'existe actuellement que « formellement ». Ne rendre aucune décision judiciaire contraire aux déclarations de la volonté politique est devenu une règle générale. Même les jugements des hautes cours qui tentent exceptionnellement de donner l'apparence de « la bonne application des critères juridiques » demeurent sans résultats dans la pratique. Les organes judiciaires ont complètement rompu leurs liens avec le droit universel surtout dans les affaires politiques. Les principes qui sont censés régner le pouvoir judiciaire ont été mis de côté, ainsi que la Convention qui les garantit. En raison de la situation dans laquelle se trouve la justice turque, il est peu probable que la lutte juridique menée en droit interne aboutisse à une solution efficace. Tous les processus juridiques sont devenus des impasses. Les audiences consistent en un rituel et ne sont réalisées que pour remplir les exigences formelles. Les salles d'audience sont devenues des scènes de théâtre où ce rituel est exécuté, et les juges et les procureurs des figurants de ce dernier.

 

La Cour constitutionnelle rend des décisions contraires à la jurisprudence de la Cour européenne des droits de l'homme (CourEDH), soutenant que « les tribunaux turcs sont beaucoup mieux placés que la CourEDH » pour interpréter le droit interne. Les tribunaux locaux, en revanche, ne respectent pas les jugements de la Cour constitutionnelle au motif que celle-ci a exercé un contrôle d'opportunité. 184 arrêts de la CourEDH n'ont toujours pas été exécutés. Face à l'approche qui ne considèrent les arrêts constatant des violations que comme uniquement des dispositions d'indemnisation et à celle de « payer le prix que cela coûte », l'autorité ultime en mesure de trouver une solution à la crise judiciaire dans laquelle se trouve la Turquie est la CourEDH. Au nom de tous les groupes restant sous pression en Turquie, nous demandons que la Cour assume véritablement, face à un pouvoir judiciaire sous le contrôle du pouvoir politique, sa mission d'être la garante des droits et libertés fondamentaux protégés par la Convention.

 

Au nom de tous les groupes, indépendamment de l'origine ethnique ou opinion religieuse ou politique, qui mérite de vivre dans un pays libre et juste mais qui restent sous pression en Turquie, notre demande à la CEDH est, face à un pouvoir judiciaire sous le contrôle du pouvoir politique, de remplir immédiatement son devoir afin que n'ait plus lieu aucune violation de droits et libertés fondamentaux protégés par la Convention. Notre demande au Conseil de l'Europe, autorité de contrôle de l'exécution des arrêts et garant des valeurs protégées par la Cour, est de prendre des mesures concrètes sur des centaines d'arrêts non exécutés. Il ne faut pas oublier, lors des processus de décision, qu'il n'existe plus de recours internes fonctionnels à épuiser dans le système judiciaire turc et que, au contraire, c'est le droit lui-même qui est épuisé. Attendre que le système, qui cause chaque jour des préjudices irréparables, se rétablisse de lui-même ne fera qu'aggraver les conséquences des préjudices. Lorsque la Turquie avance chaque jour vers un point plus obscur dans la destruction des droits et libertés fondamentaux, la Cour et le Conseil doivent prendre toutes les mesures nécessaires avec détermination.

 

À la suite des échanges d'idée menés entre de nombreuses personnes aux opinions différentes, agir est devenu désormais une nécessité pour nous, plus que de crier. De ce fait, afin que nos demandes soient prises en compte, nous serons aux aguets devant la Cour européenne des droits de l'homme tous les vendredis, à partir du 27 novembre, en tant que « Mouvement pour la justice inconditionnelle » !

 

Nous invitons toutes celles et ceux qui réclament une « justice inconditionnelle » à agir avec nous !

 

 MOUVEMENT POUR LA JUSTICE INCONDITIONNELLE

Notice

NOTICE - TURKISH

TURKISH

Farklı düşüncelerden, farklı coğrafyalardan ve farklı geçmişlerden gelen fakat ortak bir geleceğe yürüdüğünün bilincinde olan, Türkiye’de yargı eliyle siyasi baskıya maruz kalan Genç Avukatlar olarak bizler; yıllardır toplumun farklı kesimlerinin yoğun bir baskı ve tahakküm altında tutulmaya çalışıldığı baskıcı bir rejime karşı ‘’koşulsuz’’ olarak adaletin tesis edilmesi için harekete geçmenin artık bir tercihten öte mecburiyet olduğunun farkındayız. Mutlak hukuksuzluk rotasında son hız ilerleyen siyasal rejim; önüne çıkan her unsuru yargı marifetiyle sindirme politikasını sistematik hale getirmiştir. Gelinen nokta itibariyle bu gidiş, tüm ülke ve hatta coğrafya halkları adına apaçık bir tehdit haline gelmiştir. Bu durum biz avukatlara mesleğimizin varoluşsal ilkelerinden gelen bir sorumluluk yüklemektedir. Uzun yıllardır süregelen ağır hukuk bunalımından kurtuluşun yegane yolu; kimliği ve düşüncesi fark etmeksizin toplumun tüm kesimleriyle empati yaparak insan hakları paydasında dayanışma içerisinde yürümektir.

 

Türkiye, Avrupa İnsan Hakları Sözleşmesi’ne (Sözleşme) imza attığı 1950 yılından bu yana Sözleşmenin yapı taşı niteliğindeki ‘İşkence yasağı, Özgürlük ve güvenlik hakkı, Adil yargılanma hakkı ve İfade özgürlüğü’ gibi temel hak ve özgürlüklerin en ağır şekilde ihlal edildiği bir dönemden geçmektedir. Ülkemiz adalet sistemi, yargı bağımsızlığı açısından tarihinin en büyük travmalarından birini yaşamaktadır. Türk yargısı hâlihazırda sadece ‘şeklen’ vardır. Siyasi iradenin söylemlerine muhalif bir yargı kararı çıkmaması genel bir kaide haline gelmiştir. İstisnai olarak ‘hukuki kriterler uygulanıyor’ görüntüsü verilmeye çalışılan yüksek mahkeme kararları dahi pratikte sonuç doğurmamaktadır. Özellikle siyasi davalarda yargı organları evrensel hukuk ile bağlarını tamamen koparmıştır. Yargılamaya hakim olması gereken ilkeler ve onları teminat altına alan AİHS rafa kaldırılmıştır. Türk yargısının içinde bulunduğu durum sebebiyle iç hukukta yürütülen hukuki mücadelenin etkili bir çözüme ulaşma ihtimali bulunmamaktadır. Tüm kanuni süreçler adeta birer çıkmaz sokağa dönüşmüştür. Yargılamalar ritüelden ibaret olarak sadece şekil şartlarını yerine getirmek üzere gerçekleştirilmektedir. Duruşma salonları bu ritüelin sergilendiği oyun sahneleri, hâkim-savcılar ise bu ritüelin birer figüranı haline gelmiştir.

 

Anayasa Mahkemesi (AYM) iç hukukun yorumlanmasında ‘Türk mahkemeleri Avrupa İnsan Hakları Mahkemesi’ne (AİHM) göre çok daha iyi konumdadır’ gerekçesiyle AİHM içtihatlarına aykırı kararlar vermektedir. Yerel mahkemeler ise ‘yerindelik denetimi kapsamında kaldığı’ gerekçesiyle AYM kararlarını uygulamamaktadır. AİHM tarafından verilen 184 karar halen uygulanmamıştır. İhlal kararlarını sadece tazminat hükümleri olarak gören ‘parası neyse veririz’ anlayışına karşı Türkiye’nin içinde bulunduğu yargı krizinin nihai çözüm mercii AİHM’dir. Türkiye’de baskı altında kalan tüm kesimler adına bizler; Mahkeme’nin, siyaset güdümündeki yargıya karşı Sözleşmede korunan temel hak ve özgürlüklerin teminatı olma görevini gerçek manada üstlenmesini talep ediyoruz.

 

Etnik kökeni, dini veya politik düşüncesi fark etmeksizin adil ve özgür bir ülkede yaşamayı hak eden fakat Türkiye’de baskı altında kalan tüm kesimler adına AİHM’den talebimiz; siyasal rejim güdümündeki yargıya karşı Sözleşme ile korunan temel hak ve özgürlüklerin daha fazla ihlal edilmemesi adına görevini ivedilikle yerine getirmesidir. Kararların infazının denetim merci ve mahkeme tarafından korunan değerlerin garantörü olarak Avrupa Konseyi’nden talebimiz ise yüzlerce uygulanmayan karar hakkında somut adımlar atılmasıdır. Karar verme süreçlerinde Türk adalet sisteminde tüketilecek işlevsel iç hukuk yolu kalmadığı, aksine tüketilenin bizzat hukukun kendisinin olduğu göz ardı edilmemelidir. Her geçen gün telafi edilemez zararlara neden olan yargının kendi içinde doğruyu bulmasını beklemek, zararın boyutunu artırmaktan başka sonuç doğurmayacaktır. Türkiye temel hak ve özgürlüklerin yok edilmesi konusunda her geçen gün daha karanlık bir noktaya ilerlerken Mahkeme ve Konsey’in gerekli tüm adımları kararlılıkla atması gerekmektedir.

 

Farklı düşüncelere mensup birçok kişiyle yürütülen fikirsel sürecin neticesinde artık sesimizi haykırmanın ötesinde harekete geçmemiz zorunluluk haline gelmiştir. Bu doğrultuda taleplerimizin yerine getirilmesi amacıyla ‘’Koşulsuz Adalet Hareketi’’ olarak 27 Kasım’da başlamak üzere her hafta Cuma günü Avrupa İnsan Hakları Mahkemesi’nin önünde nöbette olacağız !

 

‘Koşulsuz adalet’ talep eden herkesi bizimle beraber harekete geçmeye davet ediyoruz !

 

Koşulsuz Adalet Hareketi

ACTION

ACTION

19. ACTION

5 April 2021

Today is April 5th Lawyers' Day. We, young lawyers from the Unconditional Justice Movement, welcome a day of lawyers in an environment of unlawfulness, human rights violations and attacks on lawyers.. In this day when we should celebrate, we have been experiencing the same bitterness in recent years.

  • In an atmosphere where the most basic human rights are disregarded and opponents are suppressed by the judiciary, we are witnessing that the practice of lawyers, which has become the last guarantee of human rights and freedoms, has become difficult with the pressures in recent years.
  • Our profession is tried to be discredited by the pressures of the political power. Our colleagues are subjected to accusations completely devoid of legal basis and are identified with their clients, and the government demands that the climate of fear that has collapsed like a nightmare in Turkey will spread to lawyers.
  • In Turkey, where being a lawyer requires a real struggle, lawyers are arrested for defending their clients, that is, for acting as a lawyer, and they are killed while carrying out foreclosure as a result of the political government's discrediting the profession in the eyes of the public. Lawyers commit suicide due to economic concerns as they do not have professional security.
  • In the new lawless regime, the unity between lawyers is undermined. For this purpose, the law was amended by taking the illegitimate TBB president, without considering the bar associations and lawyers, and the bar associations in big cities were divided. The pressure on public lawyers to "change their bar association" has intensified. This mentality, which forces lawyers to choose between their professions and their bar associations, is both anti-democratic and an extension of the ignorance of the concept of "public". Taking aside the defense is part of the government's plan to design the judiciary entirely on its own.
  • While the meetings of the ruling party are held in halls of thousands of people, the illegitimate general assembly, which should be held in October 2020 in order to extend the term of the current TBB president, has been postponed for months.
  • Today, the licenses of our lawyer friends are hijacked just because they are opponents in Turkey. Thousands of lawyers who could not obtain a license due to the ongoing investigations, even though they completed their internship, were almost left to die civilians.• In Turkey, where being a lawyer requires a real struggle, lawyers are arrested for defending their clients, that is, for acting as a lawyer, and they are killed while carrying out foreclosure as a result of the political government's discrediting the profession in the eyes of the public. Lawyers commit suicide due to economic concerns as they do not have professional security.
  • Our colleagues are identified with their clients due to the lawsuits they follow; Therefore, they are accused, investigated, prosecuted; they are even convicted. In the last five years, more than 1,500 lawyers were tried, more than 600 lawyers were arrested, 450 lawyers were sentenced to a total of 2786 years in prison for membership of an armed terrorist organization or for making terrorist propaganda.
  • Our colleagues are exposed to obstructions and attacks in courthouses, courtrooms and prisons as a view of the government's practices of discrediting the attorney profession while carrying out their professional activities. Law of Attorney, "Judicial bodies, law enforcement authorities, other public institutions and organizations are obliged to assist lawyers in the performance of their duties." Its clear and mandatory regulation is violated. We do not accept this policy of intimidation against defense. It should not be forgotten that every attack on a lawyer is an attack on the citizen's right to access the judiciary.
  • Instead of celebrating on the day we should celebrate, we commemorate our colleague Tahir Elçi, who was brutally murdered before our eyes and whose perpetrator has not been found for five and a half years. We commemorate our friend Ersin Arslan, who was killed by treason in the place of foreclosure while performing his professional activities last month. We know that these are not isolated issues and are the result of the policy on the lawyer profession.

As the Unconditional Justice Movement, we celebrate the day of our lawyers who keep alive our hope that justice will one day be manifested in Turkey. We demand that lawyers in prison be released unconditionally, the pressure on lawyers be eliminated and an environment where lawyers can perform their professional activities without being exposed to any danger or obstacle be built.

18. ACTION

26 March 2021

As the Movement for Unconditional Justice, this week we focused on the Istanbul Convention and its necessity, which Turkey withdrew with the Presidential decree.

  • Council of Europe Convention on preventing and combating violence against women and domestic violence,also known as the Istanbul Convention, is a human rights convention that was opened for signature in Istanbul in May 2011, signed by Turkey without reservation and entered into force in 2014.
  • The Istanbul Convention is generally based on gender inequality created by gender norms and has emerged as a result of ongoing violence and combating this violence. However, if we are to portray the conditions of the contract more specifically, the contract came out after the Opuz decision of the ECtHR. Nahide Opuz wanted to divorce her husband, whom she married in 1995 and was subjected to violence, but she was threatened and beaten by her husband many times, and although she complained many times from 1996 to 2002, the state did not provide adequate protection against the husband. In 2002, Nahide Opuz applied to the ECtHR on the grounds that the state could not protect herself. In 2009, the ECtHR ordered the Turkish state to pay compensation for violating the prohibition of discrimination and failing to protect Nahide Opuz from the violence of her husband H.O. It is a very important decision since it is the first decision made with such a justification.
  • The Istanbul Convention was signed two years after the Opuz decision, in the encouraging climate of its decision. In fact, these are among the factors that made Turkey the first signatory. Neither the Opuz decision nor the Istanbul Convention came into being spontaneous, they are both the fruit of the women's movement resistance put forward for women's rights over the years.
  • The Convention is basically based on the principles of "prevention of all kinds of violence against women and domestic violence, protection of victims of violence, prosecution of crimes, punishment of criminals and finally, implementation of holistic, coordinated and effective cooperation policies in the field of combating violence against women".
  • What makes the Istanbul Convention important is that it determines the origin of violence against women as a gender inequality that develops in a historical phenomenon and imposes positive responsibilities on the state to end this gender inequality. The Convention rejects gender discrimination as well as against all discrimination based on sexual orientation. This is an indication that the convention is not just for the protection of women. Thus, LGBT individuals can also benefit from the protection of the contract. This situation is of particular importance as Turkey is the European country with the highest number of trans murders due to the fact that Turkey had 51 trans murders recorded between 2008-2018.
  • As a fundamental rights and freedom agreement, the Istanbul Convention is even above the laws in the hierarchy of norms. In the case of a human rights agreement, it is not possible to accept such a transaction, where the rights gained from such a contract will be lost. Even if it was accepted for a moment when it was possible to withdraw from the Convention, this time the Convention, which entered into force by a parliamentary vote, should have likewise been abolished by the parliament, in line with the principle of parallelism in authority and procedure. The President of the Republic cannot take regulatory action on an issue that falls within the jurisdiction of the legislature. Therefore, the termination process made by the President's decree is legally null and void. This decision must be cancelled with the application to be made to the Council of State.

As the Unconditional Justice Movement, we would like to state that the Law No. 6284 contains many preventive and protective measures to prevent violence against women as it is a law that takes the Istanbul Convention as a reference. The Power will not be able to escape from the obligation to prevent violence against women by withdrawing from the Istanbul Convention, because the Law No. 6284 is still in force.

17. ACTION

19 March 2021

As the Unconditional Justice Movement, this week we focused on Crimes Against Humanity and the Global Magnitsky Law.

  • Sergei Magnitsky was a tax auditor advising London-based Hermitage Capital Management, one of Russia's largest foreign investment companies and he exposed $ 230 million tax fraud. He revealed that millions of dollars of tax payments were transferred to the personal accounts of Russian state officials. Magnitsky was arrested on tax fraud on the grounds that after this incident. In prison, he was denied access to his family and lawyers, deprived of medical assistance, and beaten and tortured by the guards. He died in prison at the age of 37 in 2009, after his 11-month detention.
  • Following Magnitsky's death, international campaigns were launched to impose sanctions on the authorities involved and others perceived to be violating fundamental human rights. The Magnitsky Act was passed by the US Congress in 2012. The law prohibited Russian officials responsible for Magnitsky death from entering the United States and making transactions in several banks and allowed the confiscation of their property. American companies risked violating US sanctions if they entered into business relationships with sanctioned persons. The law was expanded in 2016 as the Global Magnitsky Act.
  • Many European countries, Canada and the European Parliament have passed laws imposing sanctions on Russian officials involved in Sergei Magnitsky's death. Recently, several countries have expanded their sanction regime to include human rights violations from any country.
  • For example, with the law passed on 6 July 2020, Britain has decided to impose sanctions on individuals and organizations who are thought to be responsible for genocide and crimes against humanity, torture, inhuman and degrading treatment, slavery, extrajudicial or arbitrary executions and murders, enforced disappearance of persons and arbitrary arrests.
  • First of all, with the law, 25 Russian citizens involved in the death of Sergei Magnitsky, 20 Saudi citizens involved in the murder of journalist Jamal Khashoggi at the Saudi consulate in Istanbul,
  • two high-ranking Myanmar military personnel involved in systematic and brutal violence against the Rohingya people and other ethnic minorities, two organizations involved in forced labor, torture and murder in North Korea's gulags were targeted.
  • In 2018, the United States,  with  Reverend Brunson's case has imposed economic sanctions on Turkey and some state officials. The basis for these sanctions was the Global Magnitsky Law.
  • In recent years, in a way reminiscent of the 90s, torture, kidnapping and mistreatment news in Turkey comes up frequently. Many people died in detention and in prison. Many of these people were left to die by the authorities due to insufficient medical assistance. Ankara Bar Association prepared a report stating that five personnel from the former Ministry of Foreign Affairs, who were detained on May 28, 2019, were tortured at the Ankara Police Department.

As the Unconditional Justice Movement, we would like to state that it is inevitable to target the authorities responsible for these violations in the future with these laws, which stand out as a new mechanism against continuous and systematic human rights violations and are accepted by many countries.

16. ACTION

12 March 2021

As the Movement for Unconditional Justice, this week we worked on Secret Witness which is used as evidence in bad faith proceedings contrary to Turkish law.

  • Secret witness evidence began to be implemented in Turkey in 2005. Its implementation is governed by strict conditions. In order to use this evidence, (1) criminal activity must be organized crime, and (2) the face-to-face hearing of the witness shall constitute a serious danger to the witness.
  • Furthermore, the confidential statements of witnesses cannot serve as the basis for the verdict alone. In other words, if there is no other evidence on the incident subject to the case and there is only secret witness evidence, this is not enough to give a conviction.
  • Secret witness evidence is used in more political cases in Turkey. For instance, Contemporary Lawyers' Association (ÇHD), Gulen Movement, KCK, or DHKP-C cases.
  • However, many illegalities arise with regard to the application and obtaining of such evidence.
  • For instance: four thousand police officers were charged with affiliation with the Gülen movement with the testimony of a secret witness and were dismissed from the police. According to the data, more than 2,000 police officers are in prison as a result of that anonymous witness. It is against the normal course of life that this anonymous witness comes to know all the defendants. It turns out that this anonymous witness, whose information was later revealed, had to sign the statements given to him/her following torture. As we can see, in this case, there is a violation of the law, both in terms of obtaining confidential evidence and using it as justification for detention or conviction.
  • Such cases are highly likely to be brought before the European Court of Human Rights because of the violation of the principle of a fair trial.
  • Contemporary Lawyers' Association (ÇHD), American Priest Brunson, the detained former leader of Peoples' Democratic Party (HDP), and many other cases there have been convictions based solely on that evidence.

As the Unconditional Justice Movement, we will always be on the side of justice. We are saying that a decision should not be made solely through anonymous testimony.

15. ACTION

8 March 2021

As Movement for Unconditional Justice this week on March 8, International Women’s Day, have expressed the human rights violations against women and statistics about women in Turkey.

  • Although March 8, International Women’s Day is a day devoted to the celebration of women’s economic, political and social achievements on the basis of human rights, every year violations of human rights against women are brought to the agenda and the search for solutions to these violations are discussed intensely.
  • Behind the violence against women, there is a huge cultural, bureaucratic and legal structure and the ECtHR sometimes hesitates in treating violence as a problem of equality and discrimination by ignoring this structure.
  • It is seen very important for women that the ECtHR guarantees fundamental rights and freedoms. With the Opuz Decision in 2009, the ECtHR has developed a positive case law that acknowledges that violence against women is systematic and stems from gender inequality. The Istanbul Convention, which was opened for signature after this decision, is a very important step taken in terms of combating violence against women. With this convention also aims to prevent gender discrimination and to ensure that the principle of equality between women and men is included in practice.
  • Discriminatory judicial passivity and tolerance in Turkey support violence against women. Unfortunately, in today’s Turkey physical, psychological and sexual violence result in dead. The women scream “I don’t want to die” and this cry is ignored. The released murderers are encouraged and continue to inflict violence on thousands of women. Turkey in combating violence against women does not show a positive development and crown it all, it is also considering to withdraw from the Istanbul Convention. Withdrawal from the contract is a clear indication of irresoluteness and it means “we don’t care if women die.”.
  • Femicide in Turkey has increased significantly compared to previous years. A total of 3185 women Between 2008 and 2019, 300 women in 2020 were killed by men and 171 women were found suspiciously dead.
  • In order to prevent discrimination against women and to ensure gender equality, the Istanbul Convention needs to be implemented effectively. Violence at home, at work and in all areas of social life must be prevented.

Women will not give up their rights and your lives. As Movement for Unconditional Justice, we will continue to defend these rights.

14. ACTION

26 FEBRUARY 2021

As the Unconditional Justice Movement, we assume the advocacy of Ömer Faruk Gergerlioğlu, a human rights defender, whose voice he voiced this week and whose struggle we take as an example for thousands of people who defend their rights!

  • The struggle for human rights has been continuing since the history of civilization and the voices of human rights defenders are tried to be cut off by the power centers in various ways. One of the most recent examples of this in Turkey, the political decision about Ömer Faruk Gergerlioğlu. The reason for the decision is that Ömer Faruk Gergerlioğlu announced all human rights violations to the public regardless of class or opinion.
  • The accusation against Gergerlioğlu is propaganda for the organization because he shared a report published on a news site called T24. However, neither a lawsuit, a decision to block access to the news, nor any investigation against anyone who wrote, published or shared the news was opened. The only accusation is a news tweet shared with the purpose of sharing the "demand for peace". And the only person accused of sharing this news is Ömer Faruk Gergerlioğlu.
  • First of all, what should be known is the right to immunity in the Constitution; It is not for members of the political power who commit crimes against humanity, but for deputies who struggle for human rights against these crimes, such as Ömer Faruk Gergerlioğlu.
  • Gergerlioğlu is a member of parliament and voices the voices of different opinions on the parliament rostrum for the democratic functioning of the parliament.
  • Gergerlioğlu, having legislative immunity, should be given a "Stop Decision" in the trial, since the conditions of the trial are not fulfilled. While the trial should have continued after Gergerlioğlu's parliamentary membership was over, the trial was not stopped. The only exception to this is that it is in flagrante delicto and there are cases regulated in article 14 of the Constitution. However, in the case of Gergerlioğlu, there are neither flaws nor situations in article 14. Not to stop the trial initiated due to a tweet that consists of exercising freedom of expression until the end of the term of parliament is a legal freak to put it mildly.
  • A deputy who is alleged to have committed an offense before or after the election cannot be arrested, interrogated, arrested or tried unless the Assembly decides. The cases in Article 14 of the Constitution are excluded from this provision, provided that an investigation has been initiated before the election and in flagrante delicto which requires a heavy penalty. However, in this case the state authorities immediately and directly to the Grand National Assembly of Turkey is obliged to inform.

We, as the Unconditional Justice Movement, will always be on the side of Ömer Faruk Gergerlioğlu alongside human rights and universal values, we have not accepted the pressure of the judiciary under the command of politics, we will not!

12. ACTION

12 FEBRUARY 2021

As the Unconditional Justice Movement, we continue the weekly issues we focus on.

  • This week we brought  up Turkey’s sad fact about "Enforced Disappearance Cases".
  • Enforced disappearance of persons  was used as a systematic state violence after the September 12 coup and the state of emergency in the 90s of Turkey.This sad practice, which was identified with the white Toros cars in the 90's, still frequently encountered during and after the state of emergency, which was declared in 2016.
  • Not receiving the missing applications of families, the Ministry of Justice leaves the questions of the European Court of Human Rights (ECHR) and the United Nations (UN) unanswered by the failure to initiate criminal investigations or to conclude them with non-prosecution. It clearly shows that these abductions were carried out systematically by the state. Persons are left outside the protection of the law by forcible disappearance by government officials or third parties within the scope of the government's assignment, support or knowledge.
  • Enforced disappearance hurts both the disappeared and their families. . Some families have reached the information that their relatives who were forcibly disappeared were buried in the cemetery for a while after being detained. It was systematically denied by the security forces that Hayrettin Eren, a member of Dev-Genc, who was detained on November 21, 1980, was taken into custody after the enforced disappearance. . Saturday Mothers / People, including Hayrettin Eren's family, have been carrying out their activities since 27 May 1995 to learn about the fate of the relatives of the disappeared. No information has been received from Yusuf Bilge Tunç, one of the persons dismissed by the statutory decree, since 6 August 2019 and from Hüseyin Galip Küçüközyiğit, the former reporter of the Prime Ministry, since 29 December 2020. Gökhan Güneş, who was kidnapped in front of his workplace on January 20, 2021, was released 6 days later and stated that he was subjected to torture in his statement.
  • From the testimony of persons who were forcibly disappeared and later released, they were prevented from understanding their whereabouts by wearing an object such as a sack / bag on their head, and they were taken to the secret detention and torture centers where they were taken very seriously, including severe beatings, threats, insults, stripping naked, sexual harassment and even sexual abuse we know that they were subjected to torture. Kurt v. Turkey, Appl. No. 15/1997/799/1002, Council of Europe: European Court of Human Rights, 25 May 1998 /disappeared persons. In the decision, inhuman treatment was defined as follows. “It has been observed that the uncertainty, suspicion and anxiety experienced by the applicant (the mother of the disappeared person) continuously and uninterruptedly caused serious mental pain and suffering in him”.
  • The UN General Assembly adopted the International Convention for the Protection of Everyone from Enforced Disappearance on 20 December 2006 and the Convention entered into force on 23 December 2010. Turkey still has not sign the Convention, therefore, there is no obligation to comply with the contract. However, Turkey has not to be party to this convention, it does not remove its responsibility against enforced disappearances and the obligation to prevent impunity. Turkey must fulfill its obligation of negative and positive liabilities of individuals in terms of protecting their rights arising from international conventions and the constitution.

We underline that there is no timeout for the perpetrators of enforced disappearance, which is on the list of crimes against humanity in the Rome Statute, which is the founding agreement of the International Criminal Court, and which the state has applied to intimidate opposition. As the Unconditional Justice Movement, we loudly express our demand for unconditional justice in the just struggle of the families of the forcibly disappeared people.

11. ACTION

5 February 2021

As the Movement for Unconditional Justice, we paused our watch in front of the ECtHR every week until the next official announcement within the framework of the new measures France has taken against the Covid-19 pandemic. However, we continue with the issues we focus on weekly. The subject of this week was discrimination and rights violations of LGBTI+ in Turkey.

  • LGBTI+ rights have recently come back to the agenda because of Trustee Rector Prof. Dr. Melih Bulu, who "closed the LGBTI+ Studies Club within the university on the grounds of the investigation of the Kaaba photo" during the protests organized by demanding his resignation.
  • LGBTI+ individuals in Turkey are faced with human rights violations such as human rights violations based on Hate Crimes, Legal Discrimination, Violations of the Right to Freedom of Expression, Violations of the Right to Freedom of Assembly and Association, Discrimination in Working Life and Sexual Orientation and/or Gender Identity.
  • Homophobic statements of state authorities; Judges and government officials in Turkey, instead of effectively enforce the law to protect all citizens equally, use vague legal provisions to discrimination against LGBTI+ citizens. Moreover, LGBTI+ individuals are clearly targeted and marginalized.
  • Political statements targeting LGBTI+ people; In addition to the basic principles of the Constitution, it also contradicts the European Human Rights Legal System of which she is a state party and the decisions of the ECtHR. In the report in 2020, The UN Human Rights Committee, noting discrimination and deep concern for violence against LGBTI+ people in Turkey. As in previous reports, it recommends that the government take the necessary legal and political measures as soon as possible.
  • Treatment against LGBTI+ individuals in Turkey is contrary to many basic rights and freedoms protected under the Convention but basically violates non-discrimination which held in Article 14 of the ECHR. The European Commission reported that cases of discrimination against LGBTI+ people in Turkey have "frequently" seen.
  • Even though The ECtHR case law relating to LGBTI+ rights is obvious, during walking in the Pride Week, many LGBTI+ people have detained and disproportionate police action has made against freedom of assembly. LGBTI+ prisoners are forced to make sexual preferences in prisons, and prisoners who hesitate to make a choice are kept in cells. According to the ECtHR judgments, this situation is not only clearly torture and ill-treatment but also against the prohibition of discrimination.

As a solution to this situation; The expressions of "sexual orientation" and "gender value" should be added to the articles of the Constitution regulating the principles of equality and anti-discrimination and the legislation regulating hate crimes. In order to provide effective protection to LGBTI+ individuals in Turkey, all kinds of administrative measures should be taken at national and local levels. All kinds of harassment, violence and insults against LGBTI+ citizens should be investigated effectively and their perpetrators should be brought to trial. The classification of homosexuality and transsexuality as a mental illness must stop. Because a person is an LGBTI+ should in no way be accepted as “unjust provocation” for a crime, nor as “against the law and morality”.

10. WATCH

29 January 2021

As the Unconditional Justice Movement, we stood our tenth watch in front of the European Court of Human Rights on Friday, January 29. This watch lasted two hours with the participation of three people.

  • Hundreds of children, in the age group of 0-6 years, are in the prison with their mothers. According to the most recent data released by the Department of Justice in November 2019, this number was 780. While 15 months have passed, the Department of Justice has not revealed the number of children between the ages of 0 and 6 who remain in prison with their mothers. The parliamentary questions submitted by some members of parliament on this issue were not answered by the Department of Justice.
  • In the era of the pandemic, solitary confinement became a heavy burden. With the pandemic, children who can go to the nursery part of the prison in normal times are not allowed to meet under a free sky, even with other friends who live in prison, like them. Many mothers who do not want their children to grow up behind bars are forced to give their children to a relative. Unfortunately, due to the pandemic, many of those mothers are not able to see their children face to face.
  • One of the detainees who are in prison with her baby is A.G. A.G., who is in Tekirdağ Prison, received disciplinary punishment with her baby for what she said to the guard who did not bring baby food suitable for her baby and was sentenced to 10 days in solitary confinement.
  • Nurhayat Yıldız, who became pregnant following extensive efforts and IVF treatment, miscarried in her fourth month. Att. Özge Elif Hendekçi and Att. Esra Uymaz Saral was also in prison with her babies. Although Saral was released from prison, Att. Özge Elif Hendekçi is still in prison with her baby. Just last week, four babies were arrested with their mom and sent to jail. İlayda Tekgöz was arrested with her two four- and one-and-a-half-year-old children, Yasemin Melizci with her nine-month-old baby and Burcu Kara with her eleven-month-old baby.
  • Under Article 16 of the Criminal Code of Execution, mothers whose babies need care cannot be arrested. In the event of punishment, their execution is deferred until the child is 1.5 years old. However, we awoke the first day of this year with news of a police raid in the hospital room of Hacer Yıldırım, who had just given birth.
  • Ayşe Çelik, who was sent to prison for saying “Don't let children die” in a television program and was released on 06.05.2018, said, “I will feel free as soon as babies reunite with their mothers”.

The imprisonment of an infant is the imprisonment of his or her childhood. It is shocking for everyone to raise children who require the care and affection of their families, whether behind bars or without their families. Do not steal the childhood of children!

9. WATCH

24 January 2021

As the Unconditional Justice Movement, we stood our ninth watch in front of the European Court of Human Rights on Sunday, January 24. This watch, which we held on the Day of Lawyers in Danger, lasted four hours with the participation of many people.

  • Laywers, the institution of defense, one of the most important components of the rule of law, are being under attack in Turkey, where the new scandals emerge every day, undermining the human rights and democracy. The defense lawyers are the last hope left for hundreds of thousands of people in today’s Turkey, where the judicial system is completely corrupted and has gone bankrupt. As such is the case with today’s Turkey, the present government attaches special importance to the war it has started against the defense.
  • In the last five years, - more than 1500 lawyers were tried, and more than 600 lawyers were arrested. 450 lawyers were sentenced to a total of 2786 years in prison for being a member of an armed terrorist organization or for making terrorist propaganda. As far as we know, at least 146 lawyers are currently in Turkey’s prisons.
  • The following are some examples of the well-known cases in Turkey: Members of the Contemporary Lawyers Association (ÇHD) and of People's Law Office (HHB) in Istanbul were sentenced to approximately 160 years in prison in March 2019. Ankara Assize Court No.22 sentenced 21 lawyers to nearly 150 years in prison. Lawyers detained on August 3th and 26th, 2016 were convicted under Article 314/2 of the Turkish Penal Code, which criminalizes membership of an armed terrorist organization.
  • Konya Assize Court No.6  sentenced 19 lawyers, including the ex-president of the Konya Bar Association, Fevzi Kayacan, to various sentences ranging from 6 to 14 years‘ imprisonment. In Diyarbakır, 13 lawyers were sentenced to three years, one month and fifteen days in prison for their peaceful demonstrations while they had been law school students.
  • Mass investigations and lawsuits continue to be launched against lawyers, and time to time, lawyers performing their duties are exposed to attacks by the police. Lawyers are arrested while performing their duties; lawyers trying to fulfill their professional duties suddenly may find themselves on trial for trumped-up terrorism charges before the high criminal courts.
  • The fact that the murder of Tahir Elçi (former president of Diyarbakir Bar), which was staged in front of all of us in 2015, and has remained unsolved up until now, unfortunately demonstrates the seriousness of the danger faced by lawyers in Turkey.

Not only lawyers are in danger, but also the citizens whose rights lawyers defend, the right to defense, the right to a fair trial, justice and freedom are all also under threat. In this direction, we demand that the lawyers in prison be released immediately and unconditionally, that the pressure on lawyers be eliminated, and that an environment in which lawyers can perform their professional activities and duties without being exposed to any danger or impediment be built up.

8. WATCH

15 January 2021

As the Unconditional Justice Movement, we stood our eight watch in front of the European Court of Human Rights on Friday, January 15th. Our watch lasted two hours with the participation of three people.

  • During our watch this week, the subject we focused on was Turkey‘s Alevis, whose " right to freedom of religion and conscience" has been violated and who has constantly been subjected to "religious discrimination".
  • Alevi citizens in Turkey, for many years, have been marginalized and been on the ragged edge. In 2009, very important steps were taken towards democratization in Turkey, and several workshop thereof were carried out with the participation of leading personalities from the assorted parts of the society, including the opinion leaders of the Alevi community. Alevis had anticipation that the rights they claimed would be realized during these workshops where all parties took part. The most important of these rights was/is the official recognition of cemevis as places of worship and the abolition of compulsory religion education. However, despite the years passed, the prospective positive steps have never been taken. Quite the contrary, the situation has worsened, and gone not just back to the year 2009 but even fallen behind the notorious 1980 regime.
  • Alevis in Turkey, including but not limited to Alevi deputies in the Parliament, made lots of effort to ensure the recognition and fulfillment of their rights. Of those efforts, legislative proposals initiated regarding the legal recongition of cemevis (Alevi worship-house) should be counted.  However, all of the proposals thereof were rejected by the majority in the Parliament.
  • The European Court of Human Rights (ECtHR) concluded a case that was lodged in 2010. The court, ruled that Alevis have been subjected to discrimination in the context of the right to freedom of thought, conscience and religion. The Court stated that given the existence of an Alevi community with deep roots in Turkish society and history, the blanket exclusion by the Turkish government of the Alevi community from such benefits of public services as, for example, the exemption from the electricity bill, an exemption applied however to mosques, churches and synagogues, shouldn’t be considered to be proportioned to the aim pursued.  With this judgment the Court ruled out the question "are cemevis places of worship?" According to the Court, recognition of cemevis as places of worship is indispensable with a democratic society maintaining the true religious pluralism while remaining neutral and impartial on the basis of objective criteria, on the respect for diversity, etc.
  • Despite the clear ruling the ECtHR, the Turkish government has so far intentionally avoided the implementation of the judgment of the Court. Council of Europe, on the non-compliance by the government with the judment of the Court, demanded of the Turkish government to provide a comprehensive action plan confirming its intention to take the necessary measures to ensure full compliance with the judgment until June 2020.
  • Despite the expiry of the deadline set by the Council of Europe, there is no development on the Turkish side, and the uncertainty about what the Council of Europe may do is still looming.
  • While the judicial decisions have been wholy ignored and disregarded by the Turkish authorities, including but not limited to the central government, the new mayors of Istanbul and Izmir Metropolitan Municipalities proposed an action to mark the cemevis as faith centers in the cities‘ urban plans, that, however, rejected (in Istanbul) by votes of the members of the ruling party-AKP and the Nationalist Movement Party-MHP, the two holding the majority in Istanbul Municipal Assembly.

As the Unconditional Justice Movement, we declare that a government which doesn’t treat all its citizens equal -with respect especially to the exercise of the right to freedom of thought, conscience and religion- and doesn’t comply with the decisions concluded thereof by independent and impartial judicial authorities is moving towards an authoritarian regime and distancing itself from human rights and universal values.

7. WATCH

8 January 2021

As the Movement for Unconditional Justice, we stood our 7th watch in front of the European Court of Human Rights (ECtHR) on Friday, January 8th. The watch, in which 4 people attended due to the pandemic, lasted 2 hours. 

  • The subject of this week was journalists who arrested for political reasons and the pressure on the media in Turkey.
  • Journalists are an important group who suffered from human rights violations in Turkey. All news criticizing the Government and its supporters who have the same views with the Government are censored. In addition to censorship, the journalists, owners and editors of the newspaper who have signed on to these news are also subjected to investigation. Each journalist is exposed to censorship and investigation if taking place against the Government.
  • At least 721 journalists were arrested during the rule of AKP's 18-year. Journalists was detained mostly between 2016-2017 when the state of emergency was implemented. At the moment, despite the coronavirus pandemic, 145 journalists are in prison and at least 260 journalists are on trial. According to the press freedom index of Reporters Without Borders (RSF) Turkey is ranked 154 among 180 countries.
  • Unfortunately, all these pressure and censorship attempts are not limited to these. Journalists still expect justice from not only courts in Turkey but also European Court of Human Rights. Their expectation for justice has been lasting for years, whereas the ECtHR has not made judgments on these cases enough.
  • Although domestic remedies have been exhausted in terms of the right to Freedom and Security in the case of Ahmet Altan, which has been in front of the ECtHR for 4 years, the ECtHR has not made a decision yet. This situation puts the "judicial policy" carried out by the ECtHR and creates hesitations in terms of the independence and impartiality of the Court.
  • Ignoring there is no effective remedy in Turkey, The ECtHR fails to fulfill its duties towards the human rights violations increased exponentially moving and also exhibited a dual attitude and decision-making.

As the Movement for Unconditional Justice, our request, which we want to reiterate on the occasion of 10th of January - Working Journalists' Day, is to make a decision as soon as possible about the applications pending before the ECtHR.

6. WATCH

1 January 2021

We stood our sixth watch in front of the European Court of Human Rights (ECtHR) on Friday, January 1st. Due to the ongoing of epidemic, our watch lasted 3 hours with 4 attendances. During the watch;

  • On our watch this week, we gathered for the implementation of the decision regarding the former co-chair of HDP Selahattin Demirtaş, who is still in prison despite the “immediate release” decision by the ECtHR Grand Chamber.
  • European Court of Human Rights, in its first decision dated on 20th November 2018, ruled that HDP co-chair Selahattin Demirtaş, who was arrested on 4th November 2016, be released immediately.
  • Grand Chamber of the European Court of Human Rights, in its decision announced on 22th December 2020, ruled that the second arrest warrant for Selahattin Demirtaş on 20th September 2019 was also a continuation of the first arrest, and that this detention was for political motives. Erdogan’s first comment was “This decision not my concern” against this correct decision, which includes many firsts in terms of ECtHR and even all member states of the Council of Europe.
  • The Ankara Seventh Court of Peace, rejected the request for release on 26th December 2020 on the grounds that “ It has been understood that the Ankara Chief Public Prosecutor’s Office has written a warrant to Ministry of Justice to send the Turkish translation of the aforementioned decision to the file, bu no response has been received yet. It has been understood that there is no translation text of the verdict attached by the suspect’s defender, as such was not known for which crimes and in what scope the decision of the ECtHR is based on which application, the decision in question is not suitable for legal supervision.
  • It is obvious that the Erdogan government has not implemented the ECtHR rulings in favor of the political opposition. According to 2019 data after Russia between the signatory countries, we mentioned that Turkey is a country that does not implement the ECtHR’s final order the most.
  • As the Movement for Unconditional Justice, we are thinking that considering all the pressure applied against Mr. Demirtaş who received 8.40% of the votes in the 2018 presidential election, that’s a political figure, representing 8.40% of Turkey’s population, the effort to keep he in Prison solely for political reasons will provide sufficient foresight to the ECtHR about the extent to which Turkish Judiciary is under the control of the political power.

As a result, we invite the Republic of Turkey to comply witch the international conventions it pledges to implement. At the same time we also remind that the Council of Europe that failure to comply with the contract under which Turkey is committed to abide by and court decision at any time threatens the system of European Convention on Human Rights and the European Council. The decision of the ECtHR on Selahattin Demirtaş is quite satisfactory. However, after this progression, we invite you to review to other pending applications for the reasons mentioned above. We invite you to take the necessary steps for the execution of dozens of decision that are final orders but not implemented, like the Demirtaş Decision of the Council of Europe.

5. WATCH

25 December 2020

As the Movement for Unconditional Justice, we stood our 5th watch in front of the European Court of Human Rights (ECtHR) on Friday, December 25th. The watch, in which 4 people attended due to the pandemic, lasted 2 hours.

  • The subject of this week was the strip search which is also in Turkey’s agenda at the moment and any related human rights violations. 
  • In an age where technology has developed so much, we have stated that treatment of "strip search" is both an improper and always possible to abuse, for that reason, in order to stop this unlawful treatment, the Assembly must make a code amendment or the administration must make a new regulation.
  • The arbitrariness of strip search is an extremely embarrassing practice that harms human dignity. It is absolutely unacceptable to treat detained or arrested persons as if they were a piece of soulless meat. This procedure, which has been going on for years, is applied especially on political criminals. Also it is used as a means of punishment and intimidation. On the contrary of the Code, it is left to the arbitrariness of prison guard who have no psychological or medical education. We stated that the strip search is clearly harassing and aim to hurt the dignity of the addressee and therefore it is hard for the victims to express this.
  • Despite the unfounded denials of a group of members of the government, including 'jurists', the victims' courageously expressing this inhumane treatment they were subjected to on social media has unquestionably revealed the reality of the situation. 

As the activists of the Movement for Unconditional Justice, we cry out that this treatment of arbitrary strip search using as a method of punishment and intimidation, especially on dissidents, is an unacceptable method, and call on responsible state agents and prison administrations to immediately put an end to this unlawful treatment and return to the principles of the universal law.

4. WATCH

18 December 2020

As the Movement For Unconditional Justice, we carried out our fourth watch in front of the European Court of Human Rights (ECtHR) on Friday, December 18th.  Due to the ongoing of the epidemic, our watch lasted 2 hours with 5 attendances.

  • The subject of the week was the curfews and aggrievements experienced in the Southeast of Turkey in 2015.
  • We explained that the people of the region had to take shelter in basements and stables in order to ensure their life safety due to the intense clashes experienced during the prohibitions, and the families who could find opportunities had to migrate to neighborhoods or villages where there were fewer conflicts.
  • We stated that during this period 1 million 809 thousand people were affected by these prohibitions due to the violations of their most fundamental rights such as the right to freedom and security, the right to respect for private and family life, freedom of assembly, freedom of association, freedom of religion, freedom to receive and impart information, the right to protect property, prohibition of torture and inhuman or degrading treatment.
  • As for the investigations initiated by the Cizre Chief Public Prosecutor's Office, the decision of “non-prosecution” has been issued for 86 files so far. While the objections to the decisions were rejected, 86 files were forwarded to the Constitutional Court. 59 of the pecuniary and non pecuniary damages applications made to the Ministry of Interior has been returned. We stated in front of ECHR that although it’s been five years since the curfew was officially abolished, the ban policies, which are still practiced by the security forces, was an obstacle for people to organize and continue their lives.

Having been resulted from Hendek operations, the curfew, which was declared in 11 provinces, 51 districts and at least 1166 times in the Southeast, has taken place in history as a negative development for Turkey besides bringing along a lot of violations of rights.

3. WATCH

10 December 2020

As we do every week, we stood our thirth watch in front of European Court of Human Rights on December 10th “ Human Rights Day”. Due to ongoing of the epidemic, our watch lasted 2 hours with 5 people. During the watch;

  • Because of the Human Rights Day, as citizens of the Republic of Turkey, we have expressed repeated violations of rights for  decades.
  • Mohammed Ali Stone and Hüsamettin Ugur, who was violated their rights  in Turkey and were beaten by the civil servants in recent weeks, and beyond that we commemorated Berkin Elvan, Tahir Elçi, Mevlüt Oztas, Kuddusi Okkkır, Taybet Inan, Ali El Hemdan, who were unlawfully killed in the past.
  • In the last 20 years, we explained that 2,125 people died as a result of extrajudicial executions and unknown perpetrators, 785 people are dead in prison, 82 people are dead in detention, 56,900 people  were subjected to torture and ill-treatment. We have therefore explained the right to life is disregarded.
  • In the past 40 years, 1,497,175 people have been detained on political charges, 202,302 people have been arrested on similar charges. Curfew was imposed on 1.116 settlements. The passports of 582,419 people were canceled and freedom of travel, one of the most fundamental rights, was prevented. At least 130,000 people have had to leave their country in the past 40 years. In this context, we stated that the people’s freedoms were taken away from them.
  • We pointed out that 134,000 people were dismissed from their profession through administrative procedures without a judicial decision, 1.056.000 people have been investigated on charges of 'membership in an armed terrorist organization' only between 2016-2018, people are subjected to discrimination than ever before, the presumption of innocence is disregarded, people’s defense rights were taken away.

More than 1600 lawyers have been detained with major operations for political reasons to fulfilling the requirements of their profession, more than 600 lawyers have been arrested. Turkey, where people are not given sufficient right to defense, actually deserves to be a more respectful state of human rights.

2. WATCH

4 December 2020

As the Movement for Unconditional Justice, we held our second watch in front of the European Court of Human Rights (ECtHR) on Friday, December 4th. Our watch, which allowed 4 people to attend due to the coronavirus pandemic, lasted 3 hours. During the watch;

  • We informed the visitors who came to our stand by distributing the brochures containing our goals and plans.
  • We reserved this week’s issue as our first topic, that we decided to address different issues every week, to the women’s rights violations which is the unchanging issue of Turkey for many years. 
  • In our statement; we mentioned that in today’s Turkey where the human rights violations have increased, the women’s rights violations have increased as well and women in Turkey have passed through a difficult period. We summarized how women's rights have been eroding day by day under the patriarchal culture patterns.
  • In an environment where social peace gives way to hatred, the weak sections are further crushed under the unlimited power of the state. In this dire situation, we expressed our concern about the termination discussions of the Istanbul Convention.
  • In our statement, we also memorialized women whose human’s rights were violated by the State such as Figen Yüksekdağ, Acun Karadağ, Nazan Bozkurt, Alev Şahin, Esma Uludağ, Halime Gülsu and Şebnem Korur Fincancı.
  • With the social discrimination method that many oppressed women experience is tried to be normalized. Being aware of these facts, we will work without losing our hope. 

According to us; powerful women in Turkey deserve a strong society in which they have equal rights, on the contrary of a male-dominated society that applauded by the political regime.  

1. WATCH

27 November 2020

As the Movement for Unconditional Justice, we held our first watch in front of the European Court of Human Rights (ECtHR) on Friday, November 27th. Our Watch, which allowed 10 people to attend due to the corona virus epidemic, lasted 3 hours. During the watch;

  • In line with the request for "unconditional justice", we made a  press release to the public  in which we explained our starting point, the reasons that motivated us and our goals.
  • We informed those who visited our table by distributing brochures containing our goals and plans in the field of the watch.
  • In order to protest the situation of the Turkish judiciary, we put on the rails the robes of the judges and prosecutors with buttons sewn in front of them and displayed them in the field of the watch.

Our next watch, where we will addres an issue of women's rights, will take place on 04.12.2020.

TEAM

TEAM

Hafsa KESİNCİ

Hafsa KESİNCİ

Lawyer

Enes KABADAYI

Enes KABADAYI

Lawyer

S. Feyza TEKİN

S. Feyza TEKİN

Lawyer

Ersel MUSMUL

Ersel MUSMUL

Lawyer

Betül ALPAY

Betül ALPAY

Lawyer

M. Fatih DEMİR

M. Fatih DEMİR

Lawyer

Ayça Zehra KARABABA

Ayça Zehra KARABABA

Student

Oğuzhan YETKİN

Oğuzhan YETKİN

Lawyer

Mustan KOÇER

Mustan KOÇER

Lawyer

Nuri EMER

Nuri EMER

Lawyer

Ömer Talha ŞAHİN

Ömer Talha ŞAHİN

Lawyer

Elif KOÇER

Elif KOÇER

Lawyer

Enes IŞIN

Enes IŞIN

Lawyer

Bilal DURMUS

Bilal DURMUS

Lawyer

Nalan DOĞANCI

Nalan DOĞANCI

Lawyer

MEDIA

MEDIA

  • All
  • Video
TAKE ACTİON for Unconditional Justice !

TAKE ACTİON for Unconditional Justice !

20 November 2020

Exiled Lawyers

Exiled Lawyers

26 November 2020

Press Release

Press Release

27 November 2020

First Action in Strasbourg

First Action in Strasbourg

27 November 2020

Silenced Women

Silenced Women

4 December 2020

Should Do Something

Should Do Something

6 December 2020

Action on Human Rights Day

Action on Human Rights Day

10 December 2020

Cellars of Atrocity and Curfews

Cellars of Atrocity and Curfews

18 December 2020

The Exiled Lawyers in Europe Took Action!

The Exiled Lawyers in Europe Took Action!

19 December 2020

Strip Search Shame..

Strip Search Shame..

25 December 2020

Release Selahattin Demirtaş!

Release Selahattin Demirtaş!

1 January 2021

The Free Press Cannot Be Silenced!

The Free Press Cannot Be Silenced!

8 January 2021

Stop "Religious Discrimination" Against Alevis

Stop "Religious Discrimination" Against Alevis

15 January 2021

Take Your Hands Off Lawyers!

Take Your Hands Off Lawyers!

24 January 2021

Messages From The Endangered Lawyers

Messages From The Endangered Lawyers

24 January 2021

Captive Babies

Captive Babies

29 January 2021

LGBTIQ+ is Human Rights!

LGBTIQ+ is Human Rights!

5 February 2021

Open Secret of Turkey; Enforced Disappearance

Open Secret of Turkey; Enforced Disappearance

12 February 2021

Turkey's Othering Truth

Turkey's Othering Truth

20 February 2021

We Defend People's Deputy!

We Defend People's Deputy!

26 February 2021

For All Woman!

For All Woman!

8 March 2021

Lives Fall Apart by Anonymous Witness

Lives Fall Apart by Anonymous Witness

12 March 2021

We will Resist, We will Win!

We will Resist, We will Win!

18 March 2021

Put an End to Crimes Against Humanity!

Put an End to Crimes Against Humanity!

19 March 2021

We Are on The Side of Democratic Politics!

We Are on The Side of Democratic Politics!

19 March 2021

We Will Claim The Will of The People!

We Will Claim The Will of The People!

20 March 2021

You are Strong, We are Right!

You are Strong, We are Right!

21 March 2021

Implement the Istanbul Convention!

Implement the Istanbul Convention!

26 March 2021

Lawyers Will not Be Submissive!

Lawyers Will not Be Submissive!

5 April 2021

Solidarity Messages from Endangered Lawyers

Solidarity Messages from Endangered Lawyers

6 April 2021

Release Sick Prisoners and Convicts!

Release Sick Prisoners and Convicts!

9 April 2021

Resistance on the Bosphorus!

Resistance on the Bosphorus!

10 April 2021

Human Rights Cannot Be Negotiated!

Human Rights Cannot Be Negotiated!

23 April 2021

More Free to May 1..

More Free to May 1..

1 May 2021

CONTACT

CONTACT WITH US

Adress

Front of the European Court of Human Rights, F-67075 Strasbourg, FRANCE

Social Media

info@kosulsuzadalethareketi.org

Tel

(+49) 176 23269125

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