1. In August 2021, The Institute for Diplomacy and Economy (instituDE) published its report1 “Human Rights Violations in Turkey Rising to the Level of Crimes Against Humanity: Case of Gulen Group”. This report aims to elicit and analyze the outrageous acts and/or omissions of the Turkish authorities against individuals –whom they claim are affiliated with, connected to, or members of the Gülen Group– within the legal purview of crime against humanity.
2. Article 7(1) of Rome Statute states that the attack constituting crimes against humanity against the civilian population must be ‘widespread’ or ‘systematic’. The ‘widespread’ element/requirement/standard is determined by the scale of the acts (such as the number of the victims) whereas the ‘systematic’ element / requirement / standard connotes a pattern of control, direction or intensity by the de facto and de jure authorities of a certain state or other organizations. The term ‘population’ suggests that the attack is directed against a relatively large group of people who share distinctive features which identify them as targets of the attack. A prototypical example of a civilian population would be a particular national, ethnic or religious group.
3. As for the widespread criteria, the massive and frequent violations carried out collectively by public authorities with considerable seriousness and directed against a large number and multiplicity of individuals who are allegedly affiliated with the Gülen Group can fairly be asserted to have met this requirement. It is here worthwhile to note that the targeted Gülenists are victimized not because of their individual attributes but rather due to their alleged affiliation with the Gülen Group.
4. As pointed out in the opinion of the UN Working Group on Arbitrary Detention2 3, the aforementioned features of the illegal acts, and their considerable consequences on a large number and variety of individuals establish a dangerous pattern which underpins the widespread character of the illegal acts and thereby leads to their legal qualification as crimes against humanity.
5. This submission highlights the ongoing systematic actions and omissions by Turkish authorities against the so-called members of the Gulen Group, framed as crimes against humanity. It demonstrates the violations of recommendations that even Türkiye has supported.
6. In particular, the submission focuses on abductions and enforced disappearances and associated practice of torture and persecution suffered by Gülen Group members as a form of crimes against humanity and highlights the crimes’ systematic and widespread character as evidenced by various cases indicated below.
II. BACKGROUND AND FRAMEWORK
A) 2020 Universal Periodic Review
7. Under the theme of “Enforced disappearances”, Türkiye received 1 recommendation of Uruguay, “Promote the investigation of all allegations of extrajudicial executions and enforced disappearances, guaranteeing that all those responsible are brought to justice (45.135, Source of Position: A/HRC/44/14/Add.1). Türkiye supported this recommendation.
8. Under the theme of “Prohibition of torture and ill-treatment (including cruel, inhuman or degrading treatment)”, Türkiye received 1 recommendation of Egypt, “Conduct an immediate, independent and effective investigation into cases of torture or ill-treatment in detention and take judicial measures to prevent such acts and prevent impunity, and ensure compensation for the victims (45.122, Source of Position: A/HRC/44/14/Add.1)”. Türkiye made note of this recommendation.
9. Under the theme of “Civil & political rights - general measures of implementation”, Türkiye received 1 recommendation of Republic of Korea, “Continue to take the necessary measures to ensure people’s full enjoyment of fundamental freedoms and human rights, in particular in the civil and political domains (45.162, Source of Position: A/HRC/44/14/Add.1)”. Türkiye supported this recommendation.
10. Under the theme of “Access to justice and remedy”, Türkiye received 1 recommendation of France, “Ensure the execution of the judgments of the European Court of Human Rights (45.141, Source of Position: A/HRC/44/14/Add.1)”. Türkiye supported this recommendation.
11. Under the theme of “Conditions of detention”, Türkiye received 1 recommendation of Switzerland, “Intensify monitoring of places of detention and ensure that impartial investigations are carried out into all allegations of torture and ill-treatment, in accordance with its policy of zero tolerance of torture (45.140, Source of Position: A/HRC/44/14/Add.1)”. Türkiye supported this recommendation.
B) Major Developments
Enforced disappearances
12. Orhan İnandı, the founder and director of the prestigious Sapat school network operating in Kyrgyzstan, went missing at the end of May 2021 in Bishkek and was found in detention at the Ankara Police Department in early July. He was abducted due to his links to the Gülen movement by Türkiye’s National Intelligence Organization (MİT), which has been involved in unlawfully transferring people to Türkiye from countries around the world. Photos of İnandı in police custody in handcuffs with Turkish flags prompted allegations of torture at the time due to İnandı’s visible weight loss and swollen right hand. A report drafted by Ankara Bar Association in Türkiye has revealed how a Turkish educator renditioned to Türkiye from Kyrgyzstan by Turkish intelligence in 2021 due to his links to a faith-based group recounted instances of torture and death threats he was subjected to in custody. The “Forced Disappearance Monitoring Report,” drafted by the human rights committee of the Ankara Bar Association blocked from publication by the bar association’s management for unknown reasons.
13. Businessman Uğur Demirok, who had been living in Azerbaijan since 2016, disappeared on September 6, 2022. It was reported that he reappeared in Türkiye on November 12, after being unaccounted for sixty-seven days. Witnesses stated that Demirok was forcibly taken by masked individuals and put into a minibus. The Baku police confirmed that Demirok was taken to Türkiye. Subsequently, the Turkish National Intelligence Organization (MIT) announced that they had brought him from Azerbaijan.
14. On September 16, 2023, businessman Koray Vural was abducted by the Turkish National Intelligence Organization (MIT) from in front of his workplace in Tajikistan and later surfaced in Ankara Koray Vural appeared significantly thinner compared to 20 days ago. He had been missing for days, and his family’s attempts to reach him had gone unanswered. It is suspected that Vural, like other abducted individuals, was tortured. The National Intelligence Organization (MIT) abducted Koray Vural, who was listed in the orange category of the 'fabricated' terrorism wanted list, and brought him to Türkiye from Tajikistan. Vural was wanted in connection with ongoing investigations into the Gulen movement.
Access to justice and remedy
15. The European Court of Human Rights (ECHR), with its decision on September 26, 2023, regarding decree law (KHK) purgee Teacher Yüksel Yalçınkaya, stated that actions such as depositing money in the bank, being a member of an association, using Bylock, subscribing to a newspaper, and sending children to closed schools are not crimes according to the principle of no crime or punishment without law. Later on December 2023, The ECHR has taken a significant step by notifying the Turkish government about 1,000 cases concerning convictions related to the encrypted messaging app ByLock. It raises important questions about digital privacy and human rights in Türkiye. Again, in April 2024, the ECHR has communicated batch of another 1000 applications to Türkiye where applicants were unlawfully convicted for using the instant messaging app ByLock, with more than 6000 cases awaiting communication. Despite the principle of 'no crime without law' by the ECHR, so many prisoners still in prison for years on the allegation of using Bylock. In defiance of ECHR's Yalcinkaya ruling, Turkish police in the last months arrested 544 people, including for being Bylock users.
Civil & political rights - general measures of implementation
16. In December 2023, The Supreme Election Council (YSK) barred decree law (KHK) purgees from running in the March 31, 2024, local elections. Only those whose reinstatement to public service has been confirmed by a court ruling would be eligible to run, but those with ongoing court processes would not be eligible to run. According to the Turkish Constitution, "No one shall be considered guilty until proven so by a court decision".
Prohibition of torture and ill-treatment (including cruel, inhuman or degrading treatment); Conditions of detention
17. On May 7, 2024 in Istanbul, Zülal and Zümra Bayram, aged 17 and 15, were among 38 people detained, including 14 minors, as part of a wider crackdown by Turkish authorities.14 of the 38 people detained in an operation against dissidents were high school students. Allegations of psychological abuse and denial of legal representation have sparked outrage. DEM Party Kocaeli MP Ömer Faruk Gergerlioğlu raised these concerns in Parliament. Both sisters recounted their experiences of mistreatment during a live broadcast. Their mother, a Parkinson's patient, and their law student sister were also detained.
Abduction cases brought before the ICC by Turkey Tribunal
18. In that regard, Turkey Tribunal, an international “people’s tribunal” established by group of European legal experts, has compiled a dossier of witness testimonies giving details of torture, state sponsored kidnapping, and wrongful imprisonment of about 200,000 people, which have been carried out by the Erdogan government, and delivered it to the chief ICC prosecutor, Karim Khan. The communication to the court documents 59 cases of extraterritorial and domestic Enforced Disappearance, relating to 109 persons. The communication indicates that an important number of the Crimes against Humanity were committed on the territory of ICC party states. Indeed, the crimes were committed on the territory of 45 party states, for which the ICC has territorial jurisdiction. These specific crimes are related to some 1300 victims.
III. RECOMMENDATIONS
18. The Turkish government should cease actions and omissions that constitute crimes against humanity.
19. The Turkish government should stop using its national intelligence agency for enforced disappearances and cease cooperating with other countries to facilitate such actions.
20. The Turkish government, along with its national intelligence agency and security forces, should cease torturing individuals during detention. The government must conduct effective investigations into those responsible for acts of torture.
21. The Turkish government should stop pressuring professional unions and other human rights representatives for their work on torture and similar allegations. Instead, the government should support their efforts to promote transparency and accountability.
22. The Turkish government should immediately adopt the rulings of the European Court of Human Rights (ECHR) and should not ignore retrial demands. The ECHR has clearly demonstrated the government's human rights violations. The Turkish government must comply with these rulings and stop exerting additional pressure that exacerbates these breaches.
23. The Turkish government should stop detaining the relatives of those affected individuals, and should especially cease the torture of women and children.
.svg.png){kind=small}
