Asylum Research Centre Turkey: Country Report – Version 1 The situa�on in Turkey /shutterstock.com Seita 15 December 2016 (COI up to 7 October 2016) Cover photo © 15December 2016 (COI up to 7 October 2016) Turkey Country Report 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. Additional decrees passed g. Observations on the decrees by the Council of Europe Commissioner for Human Rights ii. Recent political developmentsin particular regarding changes affecting government structures: 1. Central Government 2. Political parties 3. Legal and judicial institutions 4. Civil service and government ministries 5. Educational institutions, including Universities 6. 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) ii. Corruption withinthe 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 1 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 5. Treatment of perceived or actual opponents to the current government under President Recep Tayyip Erdogan since the attempted Coup d’état a. Treatment of journalists and other media professionals b. Treatment of civil society, human rights and political activists c. 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 since the attempted Coup d’état a. Police officers and intelligence officials b. Members of the judiciary c. Teachers, education ministry officials, university deans 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 ii. Exclusion from the public sphere iii. Purging of civil servants 2 iv. Restrictions on freedom of expression v. Torture and other ill-treatment and abuse b. Other minorities i. Overview ii. Hate speech 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 presents country of origin information (COI) on Turkey up to 7th October 2016 on issues of relevance in refugee status determination for Turkish nationals, in particular since the failed Coup d’état and the introduction of the State of Emergency. 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. Research focused on eventsafter January 2015, particularly those which occurred between15th July 2016 to 7th October 2016 and all sources were accessed in October and November 2016. Limited COI which pre-dates the cut-off point for research has been included to provide historical context where necessary or to illustrate changes in the post-coup environmentand the following sources have been included which post-date the cut-off point given their relevance to the issues addressed in this report: ACAPS, Turkey, last updated 14 October 2016, Overview: Key Priorities Human Rights Watch, Turkey: State of emergency provisions violate human rights and should be revoked - Joint NGO Letter, 20 October 2016 Human Rights Watch, Turkey: A Blank Check Emergency Decrees Facilitate Torture - Reinstate Safeguards to Curb Abuse by Police, 24 October 2016 Human Rights Watch, Turkey: Emergency Decrees Facilitate Torture, 25 October 2016 The International Center for Not-for-Profit Law, Civic Freedom Monitor: Turkey,last updated 26 October 2016 Daily Sabah, Parliament's human rights committee head strongly criticizes HRW report on Turkey, 28 October 2016 CIA, Chiefs of State and Cabinet Members of Foreign Governments: Turkey, Last updated 8 November 2016 European Commission, COMMISSION STAFF WORKING DOCUMENT Turkey 2016 Report, 9 November 2016 [only in relation to pre-coup police structure] CIA, The World Factbook: Turkey, last updated 21 November 2016 The following additional sources have been included, post cut-off point, that provide some insights into the provisions contained in the emergency decrees: Mondaq, Turkey: State Of Emergency In Turkey: An Analysis Of Outcome For Contractual Relationships, 25 October 2016 Daily Dot, Turkey uses emergency decree to shut down internet on 11 Kurdish cities to ‘prevent protests’, 27 October 2016 The Constitutional Court of the Republic of Turkey, PRESS RELEASE CONCERNING THE DECISIONS ON THE DECREE LAWS ISSUED UNDER THE STATE OF EMERGENCY, 4 November 2016 Council of Europe, Venice Commission, Turkey – State of emergency decrees - Visit of the delegation of the Venice Commission, 3-4 November 2016 UN Human Rights Office of the High Commissioner, Preliminary conclusions and observations by the UN Special Rapporteur on the right to freedom of opinion and expression to his visit to Turkey, 14-18 November 2016, 18 November 2016 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. However, this document should not be submitted in full or 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, view the ‘About Us’ tab of a source’s website. Databases consulted: 76 Crimes Assessment Capacities Project (ACAPS) Al Arabiya Al Jazeera Al Monitor – Turkey Pulse Armed Conflict Location & Event Date Project (ACLED) Amnesty International Article 19 Association for the Prevention of Torture Atlas of Torture BBC News Bianet Brookings Institution Carnegie Endowment for International Peace CHR Michelsen Institute Committee to Protect Journalists Council of Europe Death Penalty Worldwide (Cornell Law School) Delegation of the European Union to Turkey Deutsche Welle Edge Media Network Education International Eldis Equal Rights Trust EurasiaNet EuroMedRights European Centre for Minority Issues European Commission – European Neighbourhood Policy and Enlargement Negotiations (Turkey) France 24 Forum 18 Fund for Peace – Fragile States Index 2016 Gay Star News Global Gayz Hands off Cain Heidelberg Institute for International Conflict Research Human Rights Association Human Rights Foundation of Turkey Human Rights Watch Hurriyet Daily News Institute for Economics & Peace – Global Peace Index 2016 Institute for War and Peace Reporting Internal Displacement Monitoring Centre International Bar Association 5 International Commission of Jurists International Committee of the Red Cross (ICRC) International Crisis Group International Federation for Human Rights International Institute for Strategic Studies International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) International Refugee Rights Initiative International Rehabilitation Council for Torture Victims Inter Press Service IRIN news Jamestown Foundation KAOS GL LegislationOnline LGBTI News in Turkey Medecins Sans Frontieres/Doctors Without Borders Middle East Eye Minority Rights Group International Organization