The new Turkey
Country Reports on Human Rights Practices for 2019 United States Department of State • Bureau of Democracy, Human Rights and Labor
Civil Judicial Procedures and Remedies

20-mar-20

More from the report:

Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings b. Disappearance c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Prison and Detention Center Conditions d. Arbitrary Arrest or Detention Arrest Procedures and Treatment of Detainees e. Denial of Fair Public Trial Trial Procedures Political Prisoners and Detainees Politically Motivated Reprisal Against Individuals Located Outside the Country Civil Judicial Procedures and Remedies Property Restitution f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence g. Abuses in Internal Conflict

Section 2. Respect for Civil Liberties a. Freedom of Expression, Including for the Press Internet Freedom Academic Freedom and Cultural Events b. Freedoms of Peaceful Assembly and Association Freedom of Peaceful Assembly Freedom of Association c. Freedom of Religion: See the Department of State’s International Religious Freedom Report at https://www.state.gov/ religiousfreedomreport d. Freedom of Movement e. Internally Displaced Persons f. Protection of Refugees g. Stateless Persons

Section 3. Freedom to Participate in the Political Process

Section 4. Corruption and Lack of Transparency in Government

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons Women Children Anti-Semitism Trafficking in Persons: See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking- in-persons-report Persons with Disabilities National/Racial/Ethnic Minorities Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity HIV and AIDS Social Stigma Other Societal Violence or Discrimination

Section 7. Worker Rights a. Freedom of Association and the Right to Collective Bargaining b. Prohibition of Forced or Compulsory Labor c. Prohibition of Child Labor and Minimum Age for Employment d. Discrimination with Respect to Employment and Occupation e. Acceptable Conditions of Work

The constitution provides for an independent and impartial judiciary in civil matters, although this differed in practice. Citizens and legal entities such as organizations and companies have the right to file a civil case for compensation for physical or psychological harm, including for human rights violations. On constitutional and human rights issues, the law also provides for individuals to appeal their cases directly to the Constitutional Court, theoretically allowing for faster and simpler high-level review of alleged human rights violations within contested court decisions.

Critics complained that, despite this mechanism, the large volume of appeals of dismissals under the state of emergency and decreased judicial capacity caused by purges in the judiciary resulted in slow proceedings. Citizens who have exhausted all domestic remedies have the right to apply for redress to the ECHR; however, the government rarely implemented ECHR decisions.

The Commission of Inquiry on Practices under the State of Emergency, established in January 2017, was designed to adjudicate appeals of wrongfully dismissed civil servants and began accepting cases that July. The commission reported that, as of August, it had received 126,200 applications, adjudicated 84,000 cases, approved 6,700, and rejected 77,600. Critics complained the appeals process was opaque, slow, and did not respect citizens' rights to due process, including by prohibiting defendants from seeing the evidence against them or presenting exculpatory evidence in their defense.

Source: https://www.state.gov/wp-content/uploads/
2020/03/TURKEY-2019-HUMAN-RIGHTS-REPORT.pdf