Ankara, Brussels, Paris, September 12, 2023 -
In Turkey, closure cases against associations are used to target
individual organisations while exerting a chilling effect over civil
society. The Observatory (FIDH-OMCT) and their partner organisations in
Turkey, the Human Rights Association (İnsan Hakları Derneği – IHD) and
the Human Rights Foundation of Turkey (Türkiye İnsan Hakları Vakfı -
HRFT) are releasing today a report documenting this practice and its
adverse impact on civil society organisations and the communities they
support. The report is released on the eve of the sixth hearing in the
closure case against the We Will Stop Femicides Platform (Kadın
Cinayetlerini Durduracağız Platformu – KCDP) before the Istanbul 13.
Civil Court of First Instance on September 13, 2023, a case thoroughly
documented in the report.
The report, titled “Uncertain and Eerie”: Closure Cases Against
Associations in Turkey, reveals a pattern of systematic use of such
cases as a tool to crack down on civil society and narrow civic space.
It demonstrates that the drastic measure of involuntary dissolution of
associations, which the cases can lead to, is abused by the authorities
to silence and sanction associations in retaliation for their work.
A climate of fear among civil society organisations
The report argues that baseless closure cases, along with other forms of harassment - which the Observatory has documented in previous publications -,
have become a new tool in the hands of the authorities to stifle and
divide civil society in Turkey that is critical of government policies
and to delegitimize their work. It documents and analyses closure cases
against four associations filed as of 2021: the Religious Scholars
Mutual Aid and Solidarity Association (Din Alimleri Yardımlaşma ve
Dayanışma Derneği – DİAYDER), the Migration Monitoring Association (Göç
İzleme Derneği – GÖÇİZDER), KCDP and the Tarlabaşı Community Centre
(Tarlabaşı Toplum Merkezi – TTM).
Based on information gathered by the Observatory, IHD and HRFT in
June 2023 and on direct testimonies by representatives of the four
associations and the people they support, the report documents the
impact of the closure cases on the individual associations, their
members and the communities they work with. The report further
demonstrates that, regardless of the outcome, being targeted with a
closure case is inherently stigmatizing and isolating for associations,
which one respondent described as an “uncertain and eerie position.” In a
context where dissenting voices are increasingly targeted and civil
society organisations are consistently decredibilised and are the
subject of attacks by the authorities and by pro-government media, these
cases contribute to fuelling a climate of fear among civil society
organisations and to undermining their credibility and standing within
the society in Turkey.
“It is disgraceful that we are still talking about serious violations
of the rights to freedom of association and freedom of expression as
the ones described in this report in a country that still pretends to be
considered as a candidate for EU accession,” declared Reyhan Yalçındağ, Vice-President of FIDH and IHD representative.
“While many NGOs close to the government receive substantial support,
those demanding the democratic resolution of the Kurdish issue and
independent women’s and LGBTQIA+ rights groups face arrests, closure
cases and other forms of harassment, demonstrating that these are politically motivated and pursue the sole aim of crashing dissent.”
“These kinds of attempts to close associations are unacceptable.
These practices must immediately cease in light of universal values.
Yet, we trust that civil society in Turkey will be able to overcome
these issues thanks to the solidarity expressed by those who support us
at the national and international level,” added Metin Bakkalcı, Chairperson of HRFT.
Smear campaigns and stigmatisation
All four associations facing closure cases have also been openly targeted by government officials and/or pro-government media.
“The hostile discourse against civil society that has been documented
in our previous reports has reached unprecedented levels, with no
effective remedy available to those targeted,” said OMCT Secretary
General Gerald Staberock. “Smear campaigns labelling associations as
‘terrorist’ or ‘immoral’ aim to delegitimise the contributions of civil
society as part of attempts to stifle democratic debate in Turkey.”
KCDP targeted
Tomorrow’s hearing in the closure case against KCDP is but one
example of this worrying recent trend. The case was filed based only on
online complaints against the organisation orchestrated by a member of
the ruling Justice and Development Party (Adalet ve Kalkınma Partisi -
AKP), and records unlawfully kept by the police about KCDP members. The
lack of verified and solid evidence and the source the complaint
originated from highlight the political motives that underlie the case:
to retaliate against KCDP’s criticism of the government’s gender
equality policies amidst rising anti-gender narratives and the increased
targeting of women and LGBTQIA+ people in Turkey. The court is expected
to deliver the judgment in tomorrow’s hearing.
Broader context of shrinking civic space in Turkey
Against the backdrop of a broader decline in democracy, rule of law
and human rights in Turkey, human rights defenders and civil society
actors are increasingly targeted by the authorities for their critical
stances on government policies and practices. The anti-terrorism law is
frequently abused to judicially harass human rights defenders, whereas
the restrictive framework applicable to civil society organisations
paves the way for administrative harassment, including closure cases.
These create a chilling effect not only on the members of the targeted
associations but also on other civil society actors who work under the
threat of being the government’s next target.
In light of these findings, the Observatory, IHD and HRFT formulate
several recommendations to the government of Turkey and international
actors addressing the situation of civil society and the right to
freedom of association in Turkey.
Background
This report follows a three-part series on shrinking civic space in
Turkey. The first report, published in July 2020, examined the right to
freedom of assembly; the second report, published in May 2021, focused
on freedom of association; and the third report, published in June 2022,
focused on administrative harassment. The four reports paint a
worrisome picture for human rights defenders and civil society in
Turkey.
The report was produced under the auspices of the EU-funded programme
“A bottom-up approach for protecting and supporting civil human rights
actors in post-pandemic Turkey,” which is managed by HRFT in cooperation
with FIDH, IHD, and the OMCT. The project started in 2021 and aims to
contribute to a transformative human rights struggle through the
development and consolidation of democracy and the rule of law and the
respect for all human rights and fundamental freedoms in Turkey through
advocacy, solidarity, capacity and network building, media activities,
sub-granting and support programs.
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