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Turkey Country Report – Update November 2017 [3Rd Edition]

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Turkey Country Report – Update November 2017 [3Rd Edition] 21 November 2017 (COI up to 11th September 2017) Turkey Country Report – Update November 2017 [3rd edition] Explanatory Note Sources and databases consulted List of Acronyms CONTENTS 1. Main Developments since the attempted Coup d’état (July 2016) a. Overview of major legislative and political developments: i. Recent legislative developments incl. new amendments or decrees 1. State of Emergency 2. Emergency decrees a. Decree of 22 July 2016 (KHK/667) b. Decree of 25 July 2016 (KHK/668) c. Decree of 31 July 2016 (KHK/669) d. Decrees of 17 August 2016 (KHK/670 and 671) e. Decrees of 1 September 2016 (KHK/672, 673 and 674) f. Decrees of 29 October 2016 (KHK/675 and 676) g. Decrees of 22 November 2016 (KHK/677 and 678) h. Decrees of 6 January 2017 (KHK/679, 680 and 681) i. Decrees of 23 January 2017 (KHK/682, 683, 684 and 685) j. Decree of 7 February 2017 (KHK/686) k. Decree of 9 February 2017 (KHK/687) l. Decree of 29 March 2017 (KHK/688) m. Decrees of 29 April 2017 (KHK/689 and 690) n. Decree of 22 June 2017 (KHK/691) o. Decree of 14 July 2017 (KHK/692) p. Decrees of 25 August 2017 (KHK/693 and 694) 3. 2016: Observations by the Council of Europe Committee, the Council of Europe Commissioner for Human Rights, the UN Special Rapporteur on the right to freedom of opinion and expression and the Council of Europe’s Venice Commission 4. January – September 2017: Observations by the Council of Europe’s Parliamentary Assembly, the Council of Europe’s Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe, and the UN Special Rapporteur on the right to freedom of opinion and expression 5. 16th April 2017: Constitutional Referendum ii. Recent political developments in particular regarding changes affecting government structures: 1. Central Government 2. Political parties 1 3. Legal and judicial institutions 4. The prison service 5. Civil service and government ministries 6. Educational institutions, including Universities 7. Hospitals / health care structures b. Overview of changes to the security forces: i. General information on the reported changes affecting the: 1. Police 2. Armed forces/Military 3. Intelligence services 4. Border guards/forces (incl. Gendarmerie) 5. Resurgence of Paramilitarism ii. Corruption within the security forces c. Impacts of the attempted Coup d’état on the socio-economic situation 2. Rule of law / Administration of Justice a. Access to justice i. Legal representation ii. Criminal justice system and access to fair trial iii. Due process and procedural guarantees (incl. arrest and detention procedures) iv. Legal remedies, including State of Emergency Procedures Investigation Commission b. Corruption in the judicial system 3. Human Rights issues a. Freedom of speech, expression and assembly i. Domestic legal framework (constitution and legislation) b. Freedom of religion c. Access to education d. Access to health e. Arbitrary arrest and detention f. Prison conditions g. Enforced disappearances h. Torture and other ill-treatment and abuse i. Extrajudicial and targeted killings, unlawful use of violence and harassment j. Death penalty 4. Treatment of perceived or actual members or associates of the Gulen movement and their family members since the attempted Coup d’état a. The Gulen movement – an overview b. Perceived or actual members or associates of the Gulen movement c. Business owners/company executives d. Trade Union members e. Armed forces/soldiers f. Lawyers g. Perceived or actual members or associates of the Gulen movement and their family members living abroad i. Closure of Gulen schools abroad 5. Treatment of perceived or actual opponents to the current government under President Recep Tayyip Erdogan and their family members since the attempted Coup d’état a. Treatment of political opponents 2 i. Treatment of “No” campaigners ii. Treatment of political opponents abroad b. Treatment of journalists and other media professionals c. Treatment of civil society, human rights and political activists d. Treatment of other individuals perceived to support the attempted coup/commenting on the attempted coup 6. Change in the situation or treatment of civil servants and government officials and their family members since the attempted Coup d’état a. Police officers and intelligence officials b. Members of the judiciary c. Teachers, education ministry officials, university deans and academia in general d. Clerics, preachers and religious teachers e. Staff at state ministries i. Diplomats f. Governors g. Other civil servants or government officials i. Prison staff ii. Health workers iii. Staff of regulatory bodies iv. Presidential guards 7. Change in situation of or treatment of minorities since the attempted Coup d’état a. Kurds i. Overview of pre-attempted coup situation ii. Treatment of political opponents iii. Treatment of civil servants and government officials iv. Treatment of journalists and other media professionals v. Treatment of civil society, human rights and political activists vi. Torture and other ill-treatment and abuse b. Other minorities i. Overview of pre-attempted coup situation ii. Hate speech, arbitrary arrests and violent attacks 8. Change in situation of or treatment of IDPs since the attempted Coup d’état 9. Change in the situation of or treatment of diverse individuals of sexual orientation and gender identity since the attempted Coup d’état 3 Explanatory Note This report is an update of ARC’s previous two reports: ‘Turkey Country Report’ of 15 December 2016 and ‘Turkey Country Report – Update’ of 25 January 2017. All editions present country of origin information (COI) on Turkey on issues of relevance in refugee status determination for Turkish nationals related to the attempted Coup d’état and the introduction of the State of Emergency. The information included relates to the attempted coup and does not address non-state agent perpetrated violence (e.g. activities by IS, PKK or TAK) or the security situation and abuses in south- east Turkey nor societal discrimination that is unrelated to the post-coup, e.g. experienced by ethnic or religious minority communities in Turkey. This updated report includes the same content as the second edition published on 25 January 2017 apart from adding some sub-headings where new issues arose, and correcting some typos. The COI presented is illustrative, but not exhaustive of the information available in the public domain, nor is it determinative of any individual human rights or asylum claim. All sources are publicly available and a direct hyperlink has been provided. A list of sources and databases consulted is also provided, to enable users to conduct further research and to conduct source assessments. The research period for this latest update covers events between 7th January 2017 to 11th September 2017 and all sources were accessed in September 2017. Annual reports published in 2017 (as of 11 September 2017) covering events in 2016 have therefore not been included in this update. This comprises, inter alia, those issued by: Amnesty International, Freedom House, Fund for Peace, Heidelberg Institute, Human Rights Association, Human Rights Watch, Institute for Economics and Peace, International Lesbian and Gay Association, U.S. Department of State. A number of new sources identified since the previous edition of this report have been included, but only consulted for the timeframe of the update of the report i.e. 7th January 2017 to 11 September 2017. These are: Academics for Peace, Advocates of Silenced Turkey, Asylos Research Notes, EASO COI Portal, Judiciary of Turkey, Stockholm Center for Freedom. The website of the following source is no longer active and so was not consulted for this edition of the report: The Human Rights Institution of Turkey. The following additional sources have been included, post cut-off point given the insights they provide into the issues addressed in this report: o OSCE, OSCE PA human rights leader: Turkish appeals commission must be transparent to restore faith in rule of law, 14 September 2017 o Reporters without Borders, Journalist still held in Spain under Turkish request to Interpol, 21 September 2017 o Stockholm Center for Freedom, A Turkish Businessman Killed In Amsterdam Over His Alleged Links To Gülen Movement, 14 September 2017 o Stockholm Center for Freedom, Jailed and wanted journalists in Turkey – Updated List (As of September 23, 2017), 23 September 2017 o Stockholm Center for Freedom, Turkey Issues Detention Warrants For 63 People Including Intel Agency Employees Over Alleged Links To Gülen Movement, 12 September 2017 o Turkey Purge, Turkey widens post-coup purge since July 15, 2016, last updated 24 September 2017 This document is intended to be used as a tool to help to identify relevant COI and the COI referred to in this report can be considered by decision makers in assessing asylum applications and appeals. This report is not a substitute for individualised case-specific research and therefore this document should not be submitted in isolation as evidence to refugee decision making authorities. Whilst every attempt has been made to ensure accuracy, the authors accept no responsibility for any errors included in this report. 4 Sources and databases consulted Not all of the sources listed here have been consulted for each issue addressed in the report. Additional sources to those individually listed were consulted via database searches. This non- exhaustive list is intended to assist in further case-specific research. To find out more about an organisation,
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