The breakdown below consists of police records related to the offences of "Prevention of the Exercise of Freedom of Belief, Thought and Conviction", and "Damaging Places of Worship and Cemeteries" (Articles 115 and 153 of Turkey’s Criminal Code). The offences of "Hatred and Discrimination", "Recording of Personal Data", and "Provoking the Public to Hatred, Hostility or Degrading the Public" (Articles 122, 135 and 216 of the Criminal Code of Turkey) were not included since they fall outside of the OSCE's definition of hate crime.
In March 2021, the Turkish government announced the Human Rights Action Plan (Action Plan), one goal of which is to address hate crime. The Action Plan includes a commitment to criminalize hate crime separately, and to take all the measures necessary to effectively fight these criminal offences. The Action Plan specifically mentions hate crimes based on language, religion, race, colour, sex, political views, philosophical beliefs, sect, or similar grounds, and acknowledges the impact of hate crime in targeting human dignity and undermining the peaceful coexistence of different groups.
The Action Plan requires the monitoring of national and international developments and the preparation of periodical reports on instances constituting discrimination or hate speech/crime (intolerance against Muslims, xenophobia, intolerance against migrants, and racism are mentioned). Furthermore, the Plan sets out amendments to the Turkish Criminal Code to include a new provision on discrimination and hate crimes, and envisages investigation guides aimed at effectively combating discrimination and hate crimes. Moreover, the plan requires continuous review of the Criminal Law Science Commission, and also sets out the psychosocial and legal support to be offered to the victims of discrimination and hate crimes. The creation of a database and the collection of statistics of offences and misdemeanours involving hate and discrimination is to be accompanied by training offered to law enforcement and prosecution staff. Finally, a handbook will be developed to raise awareness of hate crimes and discrimination to among media representatives.
A monitoring board has been established to monitor the Action Plan's implementation. The Board is chaired by the President of the Republic and consists of relevant ministers. The secretariat services of the Board, which convenes every six months, are carried out by the Ministry of Justice.
In October 2021, the Human Rights and Equality Institution of Turkey (TİHEK) organized a national symposium entitled "Hate Speech and Hate Crimes".
Cases recorded under the category "Attack against places of worship" also includes attacks against cemeteries. The category “Threats/Threatening behavior” includes offences under Article 115 (Prevention of the Exercise of Freedom of Belief, Thought and Conviction).
ODIHR recognizes Turkey’s efforts to improve mechanisms to record and collect data on hate crimes through the National Human Rights Action Plan. Turkey is encouraged to continue these endeavours since, based on available information, ODIHR observes that law enforcement agencies have not recorded the bias motivations of hate crimes. In addition, ODIHR observes that Turkey would benefit from reviewing the existing legal framework in order to ensure that bias motivations can be effectively acknowledged and appropriate penalties imposed on the perpetrators.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to promptly investigating hate crimes and ensuring that the motives of those convicted of hate crimes are acknowledged. To that end, law enforcement must first record the bias motivations of hate crimes. Participating States also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Turkey in meeting the relevant commitments through its comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as further resources and tailored legislative advice.