A/HRC/41/35/Add.2 Table 2 Turkey: status of implementation of recommendations 8 Recommendation Status Immediately release the journalists, writers, judges and academics detained pursuant to counter-terrorism legislation and emergency decrees (para. 77) Contravened. While some individuals have been released, many have remained in detention and detentions pursuant to counter-terrorism legislation continue. Adopt all appropriate measures to ensure that all media and individuals can comment on public issues and inform public opinion without censorship or constraint (para. 78) Contravened. Detention based on acts of expression and the continued imposition of criminal charges for defamation have created an atmosphere of self-censorship. Reverse the closure of media outlets and ensure that they are suspended only in exceptional circumstances provided for by the law and subject to judicial oversight (para. 79) Contravened. Outlets continued to be closed on the basis of emergency decrees following the visit. Review the Internet law and revise the broad authority to block and remove online content (para. 80) Not implemented. Refrain from excessive blocking and filtering of online content and limit takedown requests to actual cases meeting the requirements of international human rights law (para. 80) Not implemented. Instances of blocking and takedown requests continue in large numbers, with insufficient judicial oversight. Ensure that any restriction on freedom of expression during the state of emergency is strictly proportionate to the exigency of the situation (para. 81) Not implemented. Numerous emergency decrees were adopted, imposing disproportionate and arbitrary restrictions on freedom of expression in the absence of any connection to the stated purpose of the state of emergency. With a view to ending the state of emergency, reconsider whether conditions remain such as to justify its continuation (para. 82) Implemented. The state of emergency was lifted on 19 July 2018, having been extended seven times. Review and revise emergency decrees to ensure their consistency with international human rights norms and standards, in particular those deprived of their liberty pursuant to emergency decrees must be entitled to initiate proceedings before a court to challenge the lawfulness of their detention (para. 82) Not implemented. Emergency decrees enacted at the time of the visit remained in place, with some measures contained therein subsequently transformed into law. Ensure that anyone who has been a victim of unlawful arrest, detention or dismissal, in particular on the basis of emergency decrees, has an enforceable right to review and remedy (para. 83) Not implemented. While measures have been taken, shortcomings have thus far rendered them an ineffective remedy in practice. Review the antiterrorism law to ensure its compatibility with article 19 (3) of the International Covenant on Civil and Political Rights (para. 84) Contravened. Law No. 7145 transformed emergency antiterrorism measures into law, increasing the scope of measures that can be taken and restrictions that can be imposed pursuant to existing antiterrorism

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