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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