Controversial Türkiye espionage bill sparks international opposition

Eighty-one human rights and civil society organizations, including Amnesty International, signed a joint statement on Monday opposing a proposed espionage law in Türkiye that would significantly enhance government power. The statement argues that the bill is overly broad and could enable the government to imprison journalists and human rights organizations for engaging in legitimate civil society activities.

According to the International Commission of Jurists (ICJ), the proposed bill would establish a new criminal offense for “[c]ommitting crimes against the security or political interests of the State,” with a penalty of 3 to 24 years in prison upon conviction. It broadly defines actions that harm the state’s interests, effectively criminalizing any activity the government perceives as contrary to its interests, especially if it is deemed “in the strategic interests of a foreign State or organization”. This could subject journalists and human rights organizations that are critical of the government to criminal prosecution and imprisonment.

The ICJ further claims that the bill would be “inconsistent with Türkiye’s obligations under the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), in particular with respect to the rights to freedom of expression, association, and assembly”. There is additional concern that the severity of the proposed punishments is disproportionate to the offenses, which could unnecessarily restrict individual rights.

The vagueness of the offense could enable different governments to apply the law inconsistently, undermining the rule of law by it reducing certainty and predictability. In a legal system governed by the rule of law, individuals must be able to clearly understand what constitutes legal behavior. When legal certainty is lacking, the risk of state authorities manipulating the legal system for their own interests through arbitrary prosecution increases.

The Justice Committee accepted the proposed law on October 24, prompting a wide array of human rights organizations, including domestic and international groups, trade unions, and journalist associations, to sign the joint statement in opposition. Despite this backlash, the Turkish parliament is expected to vote on the bill this week.