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

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 the right to a fair public trial, although bar associations and rights groups asserted that increasing executive interference with the judiciary and actions taken by the government through state of emergency provisions jeopardized this right.

As written, the law provides defendants a presumption of innocence and the right to be present at their trial, although in a number of high-profile cases, defendants increasingly appeared via video link from prison, rather than in person. Judges may restrict defense lawyers' access to their clients' court files for a specific catalogue of crimes (including crimes against state security, organized crime, and sexual assault against children) until the client is indicted.

A single judge or a panel of judges decides all cases. Courtroom proceedings were generally public except for cases involving minors as defendants. The state increasingly used a clause allowing closed courtrooms for hearings and trials related to security matters, such as those related to "crimes against the state." Court files, which contain indictments, case summaries, judgments, and other court pleadings, were closed except to the parties to a case, making it difficult for the public, including journalists and watchdog groups, to obtain information on the progress or results of a case. In some politically sensitive cases, judges restricted access to Turkish lawyers only, limiting the ability of domestic or international groups to observe some trials.

Defendants have the right to be present at trial and to consult an attorney of their choice in a timely manner, although in some isolated cases legal advocates have asserted the government coerced defendants to choose government-appointed lawyers. Observers and human rights groups noted that in some high-profile cases, these rights were not afforded to defendants. Individuals from the southeast were increasingly housed in prisons or detention centers far from the location of the alleged crime and appeared at their hearing via video link systems. Some human rights organizations reported that hearings sometimes continued in the defendant's absence when video links purportedly failed.

Defendants have the right to legal representation in criminal cases and, if indigent, to have representation provided at public expense. Defendants or their attorneys could question witnesses for the prosecution, although questions must usually be presented to the judges, who are expected to ask the questions on behalf of counsel. Defendants or their attorneys could, within limits, present witnesses and evidence on their own behalf. Secret witnesses were frequently used, particularly in cases related to national security. Defendants have the right not to testify or confess guilt and the right to appeal. The law provides for court-provided language interpretation when needed. Human rights groups alleged interpretation was not always provided free of charge, leaving some poor, non-Turkish-speaking defendants disadvantaged by the need to pay for interpretation.

Observers noted the prosecutors and courts often failed to establish evidence to sustain indictments and convictions in cases related to supporting terrorism, highlighting concerns regarding respect for due process and adherence to credible evidentiary thresholds. In numerous cases authorities used secret evidence or witnesses to which defense attorneys and the accused had no access or ability to cross-examine and challenge in court. The government refused to acknowledge secret witnesses on many occasions.

For example, a court sentenced university student Baran Baris Korkmaz to 59 years in prison for membership in an illegal organization based on testimony from a secret witness. Police in Diyarbakir denied any knowledge of the secret witness, identified by a pseudonym in court documents, despite a court request for information regarding the secret witness.

In May, after nearly three years in prison, a court released U.S. citizen and Turkish dual national Serkan Golge and imposed judicial control (parole) requirements through April 2020. A court sentenced Golge in February 2018 to seven-and-a-half years in prison on charges of, "membership in a terrorist organization," referring to the Gulen movement. An appeals court later reduced the charges and sentence to "support of a terrorist organization" and five years' imprisonment. Authorities arrested Golge in 2016 based on specious evidence, including witness testimony that was later recanted.

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