ASSEDEL’s contribution to the European Parliament’s 2026 Türkiye Report examines the persistence of systemic human rights violations in Türkiye, with a particular focus on the continued misuse of counter-terrorism legislation and the failure to implement binding judgments of the European Court of Human Rights (ECtHR). The report is grounded in recent legal developments, notably the Grand Chamber judgment in Yüksel Yalçınkaya v. Türkiye (September 2023) and the subsequent ruling concerning 2,420 related applications, which confirmed the existence of structural deficiencies in terrorism-related prosecutions.
The report documents how counter-terrorism provisions, especially Article 314 of the Turkish Penal Code, continue to be applied in an overly broad and unforeseeable manner. Individuals are routinely prosecuted on the basis of lawful conduct—such as the use of encrypted communication tools, membership in legal trade unions or associations, participation in educational or charitable activities, or family ties to dismissed or prosecuted persons—undermining the principle of individual criminal responsibility and the rule of law.
A central concern is the non-implementation of the Yalçınkaya judgment. Despite its binding nature and explicit identification of structural violations of Articles 7, 6, and 11 of the European Convention on Human Rights, Turkish courts have continued to rely on the same evidentiary patterns condemned by the ECtHR. No meaningful legislative or judicial reforms have been adopted, and the re-conviction of Mr. Yalçınkaya himself illustrates the ongoing resistance to compliance. The subsequent ECtHR judgment covering 2,420 applications confirms that these violations persist on a massive scale.
The report further highlights the widespread use of arbitrary detention and serious fair trial deficiencies, including routine pre-trial detention without individualized assessment, restricted access to case files, reliance on anonymous witnesses and unverified digital evidence, and limitations on access to legal counsel. These practices have been repeatedly criticised by the ECtHR, UN Special Procedures, and other international bodies, yet remain entrenched.
Particular attention is given to the disproportionate impact of these policies on women, students, and minors. Arrests and prosecutions linked to lawful educational or social activities have disrupted access to education, led to prolonged pre-trial detention of young women, and involved procedural violations affecting children, raising serious concerns under international human rights and child protection standards.
An additional alarming trend identified in the report is the criminalisation of solidarity and humanitarian assistance. Acts such as providing food, financial support, or legal aid to families of detainees have been prosecuted as terrorism-related offences, exacerbating poverty and social exclusion and undermining the work of civil society actors and lawyers.
As the European Parliament prepares its 2026 Türkiye Report, ASSEDEL calls for a principled and credible EU approach that reaffirms the centrality of the rule of law, judicial independence, and full execution of ECtHR judgments as core benchmarks in EU–Türkiye relations. The report underscores that tangible progress in aligning domestic practice with European human rights standards is essential to rebuilding trust and advancing democratic governance.
For the full report, click the link here and learn more.