The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, conducted a visit to Türkiye from 1-5 December 2025, during which he discussed the rights to freedom of expression, peaceful assembly, association, and aspects of the administration of justice. The Commissioner expresses his gratitude to the authorities of Türkiye for their cooperation and for the exchanges.

The Commissioner acknowledges the efforts undertaken within the context of the ongoing “Terror-Free Türkiye Initiative,” which presents an important opportunity to address longstanding human rights concerns and reinforce democratic institutions. He encourages the authorities to make full use of this process to advance reforms and strengthen human rights protections, by bringing counterterrorism and other legislation and its implementation in line with human rights standards, including the case law of the European Court of Human Rights, and relevant opinions of the European Commission for Democracy through Law (the Venice Commission).

Following up on his statement of 24 March 2025, the Commissioner remains concerned about bans on assemblies and the excessive use of force against peaceful demonstrators. Article 34 of the Turkish Constitution guarantees the right to peaceful assembly, however, its implementation, including through Law No. 2911 on meetings and demonstrations, continues to fall short of international human rights standards. The Commissioner observes that assemblies are sometimes dispersed or prevented on unsubstantiated grounds such as “public order” or “general morality,” notwithstanding longstanding case law of the European Court of Human Rights.

During and after the March–April 2025 protests following the arrest and detention of Istanbul mayor Ekrem İmamoğlu, large numbers of individuals were detained or subjected to judicial control measures, including travel bans. The Commissioner acknowledges, however, recent positive steps, including the release of individuals detained during these events and some acquittal decisions. The Commissioner recalls that any restrictions on peaceful assembly must meet the tests of legality, necessity, proportionality and non-discrimination.

Türkiye’s legal framework guarantees freedom of expression, nevertheless, the Commissioner observes that implementation remains a concern. Broad use of a number of criminal provisions raises questions of compatibility with the European Convention on Human Rights (ECHR), including Articles 299 (insulting the President), 301 (denigrating the Turkish nation or its institutions), 217/A (dissemination of misleading information) of the Penal Code, and several provisions under the Anti-Terror Law. In practice, these provisions have been used against human rights defenders, opposition politicians, journalists, and students, resulting in a chilling effect on public debate.

The Commissioner draws attention to the guidance of the UN Human Rights Committee’s General Comment No. 34, Venice Commission opinions and the case law of the European Court of Human Rights, which emphasise that public officials must tolerate wider criticism and that vague criminal restrictions on speech are incompatible with human rights standards. In this context, the Commissioner refers to several longstanding groups of cases concerning freedom of expression such as the Öner and Türk, Altuğ Taner Akçam, Artun and Güvener, Işıkırık, and Nedim Şener groups where general measures remain pending execution before the Council of Europe Committee of Ministers and require reform to prevent recurrence of violations. He also points to ongoing concerns regarding online freedom of expression, including extensive use of access blocking and content removal measures, contrary to the case law of the European Court of Human Rights.

The Commissioner also examined restrictions to the work of civil society organisations, including disproportionate financial and administrative sanctions, and scrutiny under Law No. 5253 and Law No. 7262. He emphasises that civil society organisations play an essential role in safeguarding human rights and civic space and that any restrictions on their work must be ECHR compliant.

The Commissioner is concerned about pressures faced by bar associations and members of the legal profession, including the ongoing criminal proceedings against the President and Executive Board of the Istanbul Bar Association. He recalls that bar associations play a crucial role in upholding the rule of law and safeguarding human rights and must be able to operate independently and without fear of retaliation. The Commissioner is also concerned about the challenges facing Turkish lawyers on account of their professional activities. He encourages Türkiye to sign and ratify the Council of Europe Convention on the Protection of the Profession of Lawyer, and underlines the importance of implementing safeguards for the independence, safety and autonomy of lawyers.

The Commissioner observes that while Türkiye maintains a generally high execution rate for the judgments of the European Court of Human Rights, the implementation of leading judgments, particularly those concerning structural issues, is low. He raised concerns about the lack of progress in the Osman Kavala v. Türkiye, Selahattin Demirtaş (no.2) v. Türkiye and Yüksekdağ Şenoğlu and Others v. Türkiye cases. Furthermore, the Commissioner is concerned by the non-execution of key Constitutional Court judgments, including the Can Atalay and Tayfun Kahraman cases. He notes that the refusal of lower courts to implement Constitutional Court decisions undermines the rule of law and the principle of legal certainty.

The Commissioner encourages the authorities to pursue a reform of the Human Rights and Equality Institution of Türkiye (TİHEK) with a view to securing A-status accreditation in full compliance with the Paris Principles ('Principles Relating to the Status of National Human Rights Institutions').

The Commissioner encourages Türkiye to sign the Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, and to reconsider its withdrawal from the Istanbul Convention.

The Commissioner’s further detailed observations on the issues set out above are forthcoming.

During his visit to Türkiye, the Commissioner met with the Minister for Family and Social Services, Mahinur Özdemir Göktaş, the Deputy Minister of Foreign Affairs, Mehmet Kemal Bozay, the Deputy Minister of Justice, Niyazi Acar, the Deputy Minister of Interior, Münir Karaloğlu, the President of the Constitutional Court, Kadir Özkaya and several members of the delegation of Türkiye to the Parliamentary Assembly of the Council of Europe.

The Commissioner also met with the Human Rights and Equality Institution of Türkiye (TİHEK). He further met with the Union of Turkish Bar Associations, the Istanbul Bar Association, and held extensive discussions with civil society and youth on the issues of focus during the visit.