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Law Changes, Oppression Remains: Turkey's Counter-Terrorism Legislation Since 1980 - (Executive Summary)

Writer: Banu Tuna, Burcu Ballıktaş Bingöllü, Emel Ataktürk Sevimli, Esin Epli, Esma Yaşar, Esra Kılıç, İdil Özcan, Özlem Zıngıl

Original Name: Değişen Yasa, Değişmeyen Baskı:1980’den Bugüne Terörle Mücadele Mevzuatı

Publication Date: 2024

Publisher: Hakikat Adalet Hafıza Merkezi

Translator: Gökşin Uğur

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Law Changes, Oppression Remains: Turkey's Counter-Terrorism Legislation Since 1980, traces the evolution of the legal framework underpinning state pressure on dissenting voices in Turkey. The research follows the trajectory of anti-terror legislation since 1980, focusing on the historical process and political climate that led to the drafting and enactment of the Anti-Terror Law (TMK) in April 1991, taking the 12 September military coup as a turning point. In tracking what we call “anti-terror legislation,” the study also situates within this framework other components of the legal arsenal used to enforce security-oriented policies and repress civil space—such as Articles 216 and 301 of the Turkish Penal Code—beyond the TMK itself.

Conducted within the activities of our Supporting Human Rights Defenders and Organisations program, this research aims to examine how the concept of “terror”—one of the biggest obstacles to Turkey becoming a democratic country respectful of universal legal values, human rights, and freedoms—has transformed over time. It also looks at the real-world impact of judicial reforms and legal changes, and illustrates the contested dimensions of the issue through concrete examples