Turkey abused justice system in arrest of 87 protestors, Amnesty International alleges – JURIST – News – Jurist.org

Report on Judicial Misuse in Turkey and its Impact on Sustainable Development Goals

Introduction

A recent report from Amnesty International, following the acquittal of 87 protestors, journalists, and lawyers in Turkey, indicates a systemic misuse of the nation’s criminal justice system. The eight-month ordeal of these individuals highlights significant challenges to the rule of law and fundamental freedoms. This report analyzes these events in the context of the United Nations Sustainable Development Goals (SDGs), with a particular focus on SDG 16 (Peace, Justice and Strong Institutions), SDG 10 (Reduced Inequalities), and SDG 11 (Sustainable Cities and Communities).

Key Incidents and Findings

1. Mass Arrests: Protests held in March in response to the pre-trial detention of Istanbul’s mayor led to the arrest of nearly 2,000 people.
2. Prolonged Detention: 87 individuals were arrested and detained for eight months before being acquitted, raising questions about the grounds for their initial prosecution.
3. Suppression of Assembly: Authorities in Istanbul, Izmir, Ankara, and Mansia issued pre-emptive blanket bans on assemblies, restricting the right to peaceful protest.
4. Questionable Legal Basis: An investigation by Amnesty International found that the legal articles cited to justify the assembly bans were flawed, with one article being non-existent.
5. Unlawful Use of Force: Detainees reported the use of excessive force by police, including beatings, kicking, tear gas, and pepper spray, in breach of international human rights law.

Analysis of SDG Alignment

SDG 16: Peace, Justice and Strong Institutions

The events directly contravene the objectives of SDG 16, which aims to build peaceful, just, and inclusive societies.

• Target 16.3 (Rule of Law and Access to Justice): The arbitrary arrest and lengthy detention of individuals who were ultimately acquitted demonstrate a failure to promote the rule of law and ensure equal access to justice for all.
• Target 16.6 (Effective, Accountable Institutions): The misuse of the justice system to suppress dissent points to a lack of effective, accountable, and transparent institutions. The postponed trial of 13 protesters for “insulting the president” further illustrates the politicization of judicial processes.
• Target 16.10 (Protect Fundamental Freedoms): The crackdown on peaceful protestors and the arrest of journalists represent a severe infringement on fundamental freedoms of assembly and expression, which are protected under international covenants and are essential for achieving sustainable development.

SDG 10: Reduced Inequalities

• Target 10.3 (Ensure Equal Opportunity): The selective targeting of protestors, lawyers, and journalists for exercising their fundamental rights creates systemic inequality before the law. This practice undermines efforts to eliminate discriminatory policies and ensure equal opportunity for all citizens to participate in public life.

SDG 11: Sustainable Cities and Communities

• Target 11.7 (Access to Public Spaces): The imposition of blanket bans on assemblies restricts universal access to public spaces for civic engagement and peaceful protest. This action hinders the goal of making cities and human settlements inclusive, safe, and resilient.

Conclusion

While the acquittal of the 87 individuals is a welcome development, the circumstances of their case reveal a disturbing pattern of judicial misuse aimed at suppressing dissent in Turkey. This trend poses a significant obstacle to the nation’s progress towards the 2030 Agenda for Sustainable Development. Upholding the rule of law, ensuring the accountability of state institutions, and protecting fundamental freedoms are prerequisites for achieving SDG 16 and related goals concerning equality and inclusive communities.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

   The primary Sustainable Development Goal (SDG) addressed in the article is:

   • SDG 16: Peace, Justice and Strong Institutions

     This goal is central to the article, which focuses on the “endemic misuse of the criminal justice system” in Turkey. It details issues such as the arbitrary detention of protestors, journalists, and lawyers, the suppression of peaceful assembly, the use of unlawful force by police, and the questionable legal basis for government actions. These topics directly relate to the core principles of SDG 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

2. What specific targets under those SDGs can be identified based on the article’s content?

   Based on the article’s content, the following specific targets under SDG 16 can be identified:

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

     The article highlights a failure to uphold the rule of law. The acquittal of 87 individuals after an eight-month ordeal suggests they were detained without sufficient cause, representing a misuse of the justice system. The article states that their detention “begs the question as to why they were put through this eight-month ordeal in the first place,” pointing to a lack of equal and fair access to justice.

   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

     This target is directly relevant as the article discusses the suppression of fundamental freedoms. The arrest of “protestors, journalists, and lawyers” for participating in “largely peaceful protests” is a clear infringement on the freedom of speech and assembly. The article explicitly references Article 21 of the International Covenant on Civil and Political Rights (ICCPR), which “protects the right to peaceful assembly,” further cementing the connection to this target.

   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.

     The article describes the use of “pre-emptive bans on assemblies” by governorates. Amnesty International’s investigation found that these bans were justified using questionable legal grounds, including the citation of a law (Article 15/H of the Law on Police Duties and Powers) that “does not actually exist.” This demonstrates the discriminatory application and enforcement of laws and policies to suppress dissent, which is contrary to the principle of this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

   The article provides specific data and descriptions that can serve as or imply indicators for measuring progress:

   • Implied Indicators for Target 16.3:

     The article provides data that can be used to measure the fairness and efficiency of the justice system. An implied indicator is the number of individuals acquitted after prolonged pre-trial detention. The case of “87 individuals” held for “eight months” before being acquitted serves as a concrete example. Another is the total number of people arrested during peaceful protests, cited as “nearly 2,000 people.”

   • Indicators for Target 16.10:

     The article’s content directly relates to Indicator 16.10.1: “Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates.” The article provides a specific case of arbitrary detention of “eight journalists and four lawyers” (human rights advocates). Furthermore, descriptions of police actions, such as “beating and kicking of prisoners,” can be categorized under torture or ill-treatment of detained persons.

   • Implied Indicators for Target 16.b:

     An implied indicator for measuring the enforcement of non-discriminatory laws is the number of government-issued bans on public assemblies that are found to have a questionable or non-existent legal basis. The article notes that “governorates such as Istanbul, Izmir, Ankara, and Mansia issued pre-emptive bans on assemblies” and that an investigation found one of the cited laws did not exist, pointing to a pattern of discriminatory policy enforcement.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article.

   SDGs	Targets	Indicators (Identified or Implied in the Article)
   SDG 16: Peace, Justice and Strong Institutions	16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.	Number of individuals acquitted after prolonged pre-trial detention (e.g., 87 people held for 8 months). Number of people arrested during peaceful protests (e.g., nearly 2,000).
   SDG 16: Peace, Justice and Strong Institutions	16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.	Number of verified cases of arbitrary detention of journalists and human rights advocates (e.g., 8 journalists and 4 lawyers detained). Number of reported incidents of unlawful force and ill-treatment of detainees (e.g., “beating and kicking of prisoners”).
   SDG 16: Peace, Justice and Strong Institutions	16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.	Number of blanket bans on assemblies issued under questionable or non-existent legal grounds.

Source: jurist.org