The contested draft law on surveillance in Turkey

Translated by Andrea Solazzo

The controversial draft law on surveillance that is alarming human rights organisations, journalists and civil society has been debated in the Turkish parliament since 2 November 2024.

According to Human Rights Watch (HRW), the new law would significantly increase the government's surveillance powers, further reducing the space for freedom of expression in Turkey. Indeed, the law would allow the government to closely monitor the activities and communications of activists who challenge the government, and those who show solidarity with vulnerable communities.

The law: potential instrument of control and repression

According to the text of the draft law, the Turkish authorities could make extensive use of electronic surveillance and interception and collect digital data without the need for specific judicial authorisations, if suspicious activities are considered "contrary to national interests". This vague definition risks allowing the government to label any critical activity by opponents, human rights defenders and journalists as a "threat".

The law seems to aim to prevent and reduce subversive actions, but in practice it grants wide discretion to treat any criticism as a threat to national security. This measure would affect not only privacy, but also the individual's freedom of expression.

The bill is the latest episode in a series of actions aimed at discouraging any form of dissent and solidarity. According to a 2023 report by the Association for Freedom of Expression in Turkey (IFÖD), hundreds of journalists and activists have been prosecuted in Turkey for documenting human rights violations, including the living conditions of refugees and abusive treatment by law enforcement agencies. The Turkish government justified these measures as necessary to combat ‘terrorist propaganda’, a definition which according to the government also includes those who simply document human rights violations or organise humanitarian initiatives.

For NGOs and activists, being subjected to surveillance adds to the already difficult conditions they constantly experience, such as prolonged court proceedings, intimidation, and sanctions. One example is the case of journalists such as Can Dündar, convicted for revealing secret government military operations, and Osman Kavala, imprisoned on charges of supporting anti-government protests. Furthermore, according to the International Federation of Journalists, Turkey is one of the countries with the highest number of journalists in prison, with more than 70 reporters imprisoned in 2023.

The Criminalisation of Solidarity, a sad trend in Europe

The criminalisation of solidarity is not only limited to Turkey. A recent survey on press freedom in Europe showed that these practices have become the norm in many countries even within the European Union.

In the area of migration, for example, several Greek NGOs were charged with aiding and abetting illegal immigration for providing assistance to migrants. In 2022, two NGO volunteers were tried in Lesvos for "espionage" and "assisting illegal immigration" for saving lives at sea. According to Amnesty International, at least 89 migrants' rights defenders in Europe were legally prosecuted between 2021 and 2023.

Also in Bulgaria, aid workers and NGOs are detained by border guards for days without the possibility of contacting lawyers or their consulate. The actions, although justified by governments as attempts to curb human trafficking, are in fact discouraging those who wish to provide humanitarian support. Just a few weeks ago, the Collective Rotte Balcaniche present in Harmanli, Turkish-Bulgarian border, decided to return to Italy for a few weeks to implement a different strategy for their work at the border given the recent arrest and detention of activists trying to support people on the move.

The potential consequences

If the surveillance law is passed, this will lead to an erosion of individual freedoms and rights, and further isolation of the country. Turkish activists and journalists run the risk of finding themselves under total surveillance, a situation that would significantly limit their possibilities to do their work. Restrictive measures could also reduce the ability of organisations to monitor and report violations, undermining the international community's efforts to promote human rights in the country.

Turkish and international civil society have called on the European Union and the United Nations to take a stand against the proposed law. The European Parliament has already asked the Turkish government to review its policies on surveillance and press freedom, but so far, the responses have been very weak.

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