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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. 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, particularly in cases related to national security. The government occasionally refused to acknowledge secret witnesses. In cases of alleged human rights violations, detainees have the right to apply directly to the Constitutional Court for redress while their criminal cases are proceeding. Nevertheless, a backlog of cases at the Constitutional Court slowed proceedings, preventing expeditious redress. Chief prosecutors have discretion, particularly under the wide-ranging counterterrorism law, to keep prisoners whom they deem dangerous to public security in pretrial detention, regardless of medical reports documenting serious illness.
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Authorities also identified 1,105 individuals, detained more than 500 persons connected to those accounts for questioning, and initiated nearly 600 criminal investigations. Individuals investigated by police included prominent doctors and heads of medical associations. In October the Ministry of Interior announced it investigated 40 social media accounts, detained 10 individuals, and arrested two for social media posts related to the 7.0-magnitude earthquake that struck Izmir province on October 30.
Under antiterror legislation adopted in 2018, the government may detain without charge a suspect for 48 hours for “individual” offenses and 96 hours for “collective” offenses. These periods may be extended twice with the approval of a judge, amounting to six days for “individual” and 12 days for “collective” offenses. Human rights organizations raised concerns that police authority to hold individuals for up to 12 days without charge increased the risk of mistreatment and torture. According to a statement by Minister of Justice Gul, 48,752 persons were in pretrial detention in the country as of July. The government did not release data on inmate deaths due to physical conditions or actions of staff members. The HRA reported that 49 inmates died in prison from January to November.
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Neither the government nor human rights groups released statistics regarding the number of demonstrations that proceeded without government intervention. Year-end figures for those injured in clashes with authorities during demonstrations were not available. Human rights NGOs asserted the government’s failure to delineate clearly in the law the circumstances that justify the use of force contributed to disproportionate use of force during protests. Former HDP cochair and former presidential candidate Selahattin Demirtas remained in prison on terrorism charges since 2016 despite 2018 and 2020 ECHR rulings for his release. In September the Ankara Chief Public Prosecutor’s Office issued a new indictment against Demirtas under counterterrorism statutes for his criticism of the Ankara chief prosecutor at a hearing in January.
The Office of the UN High Commissioner for Refugees noted that detention center conditions varied and were often challenging due to limited physical capacity and increased referrals. The government asserted it followed a “zero tolerance” policy for torture and has abolished statute of limitations for cases of torture. On August 5, the Council of Europe released two reports on visits to the country by its Committee for the Prevention of Torture’s in 2017 and 2019. The 2019 report stated that the delegation received “a considerable number of allegations of excessive use of force or physical ill-treatment by police and gendarmerie officers from persons who had recently been taken into custody .
