HRW briefing on the parliamentary commission

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  • 16:42 6 November 2025
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NEWS CENTER - In a joint briefing issued by three organisations, including HRW, it was emphasised that the commission established in Parliament must propose concrete legal and institutional reforms that will guarantee justice and the rule of law.
 
Human Rights Watch, Turkey Human Rights Litigation Support Project, and the International Commission of Jurists stated in their joint briefing that the cross-party parliamentary commission in Turkey should propose concrete legal and institutional reforms within the scope of its duties and powers to guarantee human rights, justice, and the rule of law for Kurds and all other communities in the country. 
 
The briefing on HRW's official website included the following remarks: “Parliament established the National Solidarity, Sisterhood/Brotherhood and Democracy Commission in August, 2025 after the Kurdistan Workers’ Party (PKK’s) announced its intention to disarm and disband. The announcement followed efforts by the Turkish government and Abdullah Öcalan, the jailed PKK leader, to end the four-decade conflict. The commission’s stated aim is to strengthen social integration, consolidate national unity and sisterhood/brotherhood, and advance freedom, democracy, and the rule of law. 
 
“Bringing an end to the four-decade Kurdish conflict requires not just ending fighting but concrete steps to change laws that have long been used to bring criminal charges against and incarcerate Kurds and other groups for nonviolent political activity and speech,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “The cross-party commission has a unique opportunity to help shape a post-conflict society and should make bold recommendations to repeal abusive laws used to silence and marginalize people.”
 
The briefing, Advancing Human Rights, Justice and Democracy for Kurds and All Other Communities in Türkiye, draws on years of experience by the organizations in litigation, monitoring and documenting human rights violations and attacks against the rule of law and the separation of powers in Türkiye. The groups focused on abusive criminal law provisions which have been applied in discriminatory and politically motivated ways in Türkiye, particularly against Kurds and other perceived dissenting voices. While not exhaustive, the briefing outline four key areas in which structural reforms are urgently needed. The groups urged the commission to recommend achievable changes that can lay the foundation for a more rights-respecting, equitable and democratic post-conflict environment for all individuals and communities in Türkiye.
 
These areas include:
 
Reforming anti-terror legislation by repealing or substantially amending vague and overbroad provisions that have been used in an arbitrary and discriminatory manner to investigate, detain, prosecute and convict a wide range of people who have no material connection to armed groups. Those facing criminal charges have included journalists, lawyers, human rights defenders and other activists, as well as individuals who peacefully express their opinions;
 
Ending the misuse of criminal law against elected officials by stopping the widespread practice of arbitrarily detaining, prosecuting and removing elected opposition politicians, whether members of parliament, mayors, or municipal council members. The officials have been removed solely on the basis of political speech protected under international human rights law, or in response to peaceful activities. In the interests of protecting democratic space and upholding the right to free and fair elections, the commission should make clear that any restrictions on the exercise of an electoral mandate should be exceptional, based on compelling evidence of serious criminal wrongdoing, subject to effective judicial review, and consistent with international human rights law and standards guaranteeing free and fair elections and political participation;
 
Guaranteeing the right to peaceful assembly by ceasing the systemic restriction of public assemblies and demonstrations and the unwarranted and violent police dispersal of those who attempt to exercise their right to peaceful protest. The commission should make clear recommendations to reform the Law on Meetings and Demonstrations and related practice in this area to ensure that the authorities view public demonstrations as a normal part of democratic participation and evidence of an engaged and pluralistic society.
 
Recognizing the “right to hope,” by ensuring that prisoners who are serving “aggravated life” sentences without the prospect of release can be considered for release on the basis of a meaningful, reviewable process. The European Court of Human Rights has found that Türkiye’s current system violates the prohibition of inhuman and degrading treatment in the European Convention on Human Rights (article 3), and the Council of Europe’s Committee of Ministers has repeatedly called on Türkiye to reform its law to guarantee all prisoners a real, objective prospect of release. Notably, Devlet Bahçeli, the leader of the Nationalist Action Party in coalition with Recep Tayyip Erdoğan’s Justice and Development Party, has publicly referred to the “right to hope” in his parliamentary speeches on ending the conflict with the PKK.
 
“The dialogue process between the parties to the conflict presents a historic opportunity to begin dismantling the entrenched cycle of violence and legal exceptionalism,” said Ayşe Bingöl Demir of the Turkey Human Rights Litigation Support Project (TLSP). “The commission should draw on the available expertise from civil society, lawyers’ groups and academics and take an inclusive and wide-ranging approach to advocating for comprehensive reforms that uphold human rights and the rule of law, and that are necessary to underpin a sustainable peace.”
 
The briefing also highlights two broader cross-cutting concerns that the commission should address. One is judicial independence: concrete steps are needed to ensure that the judiciary is institutionally protected from undue influence and able to uphold the rule of law for all, without interference or discrimination.
 
The other is accountability for grave human rights violations: the commission should address long-standing impunity for serious human rights violations that has marked the conflict. The commission should propose credible avenues for accountability for these violations committed by abusers on all sides of the conflict, and mechanisms for truth-telling and justice as necessary conditions for building a rights-based and democratic future for everyone in Türkiye.
 
“To fulfill its mandate, the commission should go beyond symbolic recommendations by addressing the structural injustices and discriminatory legal frameworks that have sustained decades of conflict, repression and impunity,” said Temur Shakirov, Europe and Central Asia program director of the International Commission of Jurists. Achieving a durable peace requires dismantling these foundations and, instead, establishing enforceable human rights guarantees and ensuring accountability and democratic inclusion.”

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