A new report from German human rights organization PRO ASYL claims that the Turkish government is using its judicial system to silence political dissent by arbitrarily prosecuting individuals on charges of terrorism.

The report highlights how the government, through vague and broadly interpreted anti-terror laws, targets political opponents for expressing views on sensitive issues such as corruption and human rights.

The 140-page report, titled “On the State of the Judiciary in Turkey: Legal Uncertainty in Politically-Related Criminal Proceedings,” outlines how politically motivated trials fail to meet basic rule-of-law standards, depriving defendants of a fair trial. It was authored by two Turkish legal scholars who remained anonymous for security reasons and is based on interviews with lawyers, an analysis of Turkish and European court rulings and reviews of reports from international bodies such as the European Court of Human Rights (ECtHR) and the Council of Europe.

The report claims the judicial system, deeply compromised since a failed coup in 2016, no longer functions independently. Judges and prosecutors who issue decisions unfavorable to the government face punishment, while pro-government decisions lead to promotions. PRO ASYL’s investigation reveals that arbitrary charges, particularly related to terrorism, are frequently used against individuals who participate in public demonstrations, even if they are unaware of alleged links between the events and terrorist organizations.

Among the most vulnerable groups are Kurds, who make up the largest portion of asylum seekers from Turkey to Germany. In the first half of 2024 alone, the Federal Office for Migration and Refugees (BAMF) recorded nearly 16,000 asylum applications from Turkish nationals, many of them Kurds. PRO ASYL criticizes BAMF for failing to recognize the politically motivated nature of the charges and for denying protection to many of these individuals.

The report also mentions that there are ongoing rights violations against the Gülen movement, inspired by Turkish cleric Fethullah Gülen, but says the violations against the group will constitute the subject of a separate report.

The Gülen movement is accused by the Turkish government and President Recep Tayyip Erdoğan of masterminding the failed coup and is labeled as a “terrorist organization,” although the movement denies involvement in the coup attempt or any terrorist activity.

Erdoğan has been targeting followers of the Gülen movement since the corruption investigations of December 17-25, 2013, which implicated then-prime minister Erdoğan, his family members and his inner circle.

Dismissing the investigations as a Gülenist coup and conspiracy against his government, Erdoğan designated the movement as a terrorist organization and began to target its members. He intensified the crackdown on the movement following the abortive putsch in 2016 that he accused Gülen of masterminding. Gülen and the movement strongly deny involvement in the coup attempt or any terrorist activity.

In addition to the thousands who were jailed, scores of other Gülen movement followers had to flee Turkey to avoid the government crackdown.

Turkish authorities routinely rely on witness statements as evidence to identify and prosecute members of the group.

The defendants in the trials against the movement are often encouraged to benefit from the country’s repentance laws allowing for reduced penalties in exchange for denouncing other members of the group.

In recent years, there have also been many reports about the alleged use of torture and ill-treatment in custody to coerce detainees into becoming informants and incriminating others.

PRO ASYL’s report emphasizes the flawed nature of the Turkish legal system’s reliance on anonymous witness testimony, often leading to mass convictions. Defendants are typically not afforded the opportunity to challenge these statements effectively, undermining the fairness of trials. In some cases witnesses have recanted their testimony, stating it was obtained under duress, yet the courts continue to rely on their earlier statements.

Call for action in Germany

PRO ASYL calls on BAMF to revise its guidelines on Turkey to reflect the systemic abuse in Turkish courts and to provide better protection for political asylum seekers. Despite the documented political persecution, Germany’s asylum protection rate for Turkish nationals has been declining, with the overall approval rate dropping to just 13 percent in the first half of 2024.

In a related publication, PRO ASYL released a brochure detailing the cases of two asylum seekers, identified only as “Aras” and “Berat,” who fled Turkey after being targeted on politically motivated charges. Both were initially denied protection in Germany, but their stories exemplify the harsh reality faced by many Turks seeking asylum in Europe.

The report concludes with a warning that without changes to Germany’s asylum policy and recognition of Turkey’s judicial failings, those fleeing political persecution in Turkey will continue to face unjust legal proceedings and long prison sentences.