,,ii #aaith ,,congress #b;d ,session ,s4 #ebje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbf,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote democracy1 defend human rights1 and impose accountability on the ,government of ,turkey for systemic political repression1 censorship1 transnational repression1 and violations of international law4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,turkey ,human ,rights ,promotion ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,statement of policy4,sec4 #e4 ,sense of ,congress on press freedom4,sec4 #f4 ,sense of ,congress on internet freedom4,sec4 #g4 ,sense of ,congress on protecting lawyers and promoting fair trials4,sec4 #h4 ,sense of ,congress on accountability for human rights violations4,sec4 #i4 ,limitations on certain security assistance4,sec4 #aj4 ,political prisoners assistance4,sec4 #aa4 ,annual report4,sec4 #ab4 ,support for civil society and independent media4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,united ,states values its longstanding alliance with the ,republic of ,turkey1 its friendship with the ,turkish people1 and remains committed to supporting a healthy ,turkish democracy4 7#b7 ,articles ,i and ,,ii of the ,north ,atlantic ,treaty require ,member ,states of the ,north ,atlantic ,treaty ,organization 7,,nato7 to conduct themselves in a manner that promotes peace abroad and strengthens democratic institutions at home1 affirming that the ,,nato alliance is founded on shared democratic principles4 7#c7 ,the ,republic of ,turkey joined ,,nato in #aieb1 the first nation1 along with ,greece1 to join the alliance after its founding4 7#d7 ,since the attempted coup in ,july #bjaf1 the ,government of ,turkey has intensified its crackdown on freedoms of expression1 peaceful assembly1 and association4 ,in its ,world #bjbf assessment1 ,freedom ,house rated ,turkey to be ,not ,free4 7#e7 ,in the years following the coup attempt1 the ,government of ,turkey has pursued a sweeping and systematic campaign of domestic and transnational repression targeting journalists1 academics1 students1 lawyers1 opposition politicians1 ,kurds1 ,alevis1 and individuals associated with the ,hizmet 7,gulen7 ,movement4 7#f7 ,since #bjaf1 ,turkish authorities have used vague and overly broad anti-terrorism laws to investigate more than #c1jjj1jjj individuals for alleged terrorism-related offenses and to detain or arrest large numbers of people for peaceful civic or religious activities1 according to the ,stockholm ,center for ,freedom4 7#g7 ,the ,government of ,turkey has used the failed #bjaf coup as justification for a sweeping crackdown4 ,in the immediate aftermath1 authorities detained tens of thousands of people accused of aiding the coup or supporting terrorism and dismissed thousands of public employees4 ,at least #d1aef judges and prosecutors and more than #e1hjj academics were dismissed on terrorism-related grounds4 7#h7 ,the ,april #bjag constitutional referendum1 advanced by the ruling ,justice and ,development ,party 7,,akp7 and held under a state of emergency1 shifted ,turkey from a parliamentary to a presidential system1 concentrating sweeping powers in the presidency4 ,the ,venice ,commission warned that the amendments represent a dangerous step backwards and risk the country's degeneration into an authoritarian presidential system4 ,although the state of emergency formally ended in #bjah1 many emergency-era measures remain in force1 and restrictions on fundamental freedoms persist4 7#i7 ,according to the ,united ,states ,department of ,state's #bjbb ,human ,rights ,report1 ,president ,erdogan's #bjah anti-terror legislation continues to restrict basic freedoms and undermine judicial independence4 ,since #bjaf1 ,turkish authorities have dismissed or suspended more than #fj1jjj police and military personnel1 removed roughly #abe1jjj civil servants1 purged approximately one-third of the judiciary1 arrested or imprisoned more than #ie1jjj people1 and closed over #a1ejj nongovernmental organizations on terrorism-related grounds4 7#aj7 ,a #bjbj ,human ,rights ,watch report found that the ,government of ,turkey continues to arbitrarily detain and prosecute lawyers1 in violation of its obligations under the ,international ,covenant on ,civil and ,political ,rights and the ,european ,convention on ,human ,rights4 ,according to the ,international ,bar ,association's ,human ,rights ,institute and the ,arrested ,lawyers ,initiative1 more than #a1gjj lawyers have been prosecuted1 more than #gjj were placed in pretrial detention1 and at least #eec were collectively sentenced to more than #c1chj years in prison4 7#aa7 ,turkey ranks #afc out of #ahj countries in the #bjbf ,world ,press ,freedom ,index4 ,the ,european ,court of ,human ,rights has repeatedly found that ,turkey unlawfully detains and prosecutes journalists4 ,at least #cad journalists were tried in #bjbb and #bjbc1 and several journalists1 including ,hatice ,duman1 ,mustafa ,gok1 and ,erdal ,susem1 remain imprisoned for life4 ,in the second quarter of #bjbe1 authorities arrested #aj journalists and tried #ajc journalists in #gc cases1 resulting in #aj convictions4 7#ab7 ,according to ,prison ,insider1 an estimated #dc1jjj political prisoners remain incarcerated in ,turkey4 7#ac7 ,arbitrary arrests and unfair trials persist as ,turkey's judiciary remains vulnerable to executive interference1 with inconsistent and contradictory rulings from high courts4 ,the case of civil society leader ,osman ,kavala1 arrested in #bjag on unfounded charges1 exemplifies this deterioration4 ,despite a #bjai binding ruling by the ,european ,court of ,human ,rights ordering his release1 ,turkish courts have refused to comply4 ,after briefly being acquitted1 ,kavala was rearrested on espionage charges and1 in ,april #bjbb1 sentenced to life imprisonment without parole1 prompting ,council of ,europe infringement proceedings4 7#ad7 ,the ,government of ,turkey continues to detain ,selahattin ,demirtas1 a leading ,kurdish politician arrested in #bjaf4 ,the ,european ,court of ,human ,rights has repeatedly ruled that his detention is unlawful and ordered his immediate release1 yet domestic courts have failed to enforce these judgments4 ,in ,may #bjbd1 ,demirtas was sentenced to #db years in prison on politically motivated charges related to the #bjad ,kobani protests4 7#ae7 ,the ,government of ,turkey continues to detain political opposition leaders like ,ekrem ,imamolu1 the ,mayor of ,istanbul and ,president ,erdogan's primary political opponent1 on bogus corruption1 bribery1 and money laundering charges4 ,since ,march #bjbe1 ,president ,erdogan's administration has escalated a crackdown on political opposition1 resulting in the arrest of more than #ejj people4 7#af7 ,the ,government of ,turkey continues to censor online expression1 prosecuting thousands for social media activity1 including for liking or sharing posts4 ,authorities routinely block online content and have restricted access to major platforms during periods of political unrest4 ,in #bjbd1 ,turkey blocked more than #caa1jjj web addresses1 contributing to a total of over #a1bfd1jjj websites and domains blocked since #bjjg4 7#ag7 ,president ,erdogan's #bjbc reelection extended more than two decades of ,,akp dominance characterized by restrictions on assembly1 association1 expression1 and electoral interference1 as documented by the ,organization for ,security and ,co-operation in ,europe4 ,between #bjba and #bjbc1 the ,constitutional ,court considered a case seeking to ban a major pro-,kurdish party1 sharply limiting its ability to campaign4 ,authorities continue to use disinformation and anti-terrorism laws to target political opponents1 and ahead of the #bjbc elections1 courts compelled ,x 7formerly ,twitter7 to remove numerous accounts and hundreds of posts4 7#ah7 ,in ,october #bjbb1 the ,government of ,turkey amended its internet1 press1 and penal code laws to create a vague new offense1 public dissemination of misleading information1 and expanded state authority over online speech4 ,social media companies that do not comply with government demands face severe fines and bandwidth throttling4 ,these amendments enable prison sentences of up to three years and have resulted in arrests1 including the detention of #gh individuals in ,february #bjbc1 for criticizing the government's earthquake response4 7#ai7 ,following the ,february #bjbc earthquake1 authorities restricted access to ,x and other major platforms for as long as #ab hours1 hindering rescue coordination and humanitarian response4 ,similar restrictions followed the #bjbb ,istanbul bombing1 demonstrating the government's readiness to impose information controls during crises4 7#bj7 ,the ,radio and ,television ,supreme ,council continues to impose arbitrary fines and broadcast suspensions on critical media outlets4 ,foreign outlets1 including ,deutsche ,welle and ,voice of ,america1 had their ,turkish-language websites blocked after refusing to comply with restrictive licensing and censorship requirements4 7#ba7 ,the ,october #bjbb amendments also threaten the security of private messaging services4 ,regulations issued by the ,information and ,communication ,technologies ,authority 7,,btk7 require providers to allow government access to user communications1 undermining cybersecurity safeguards and expanding surveillance authorities4 7#bb7 ,the ,government of ,turkey continues to target ,,lgbtqia people and restrict peaceful demonstrations4 ,according to ,,ilga-,europe's #bjbf rainbow map1 ,turkey ranks #dgth out of #ej ,european countries for ,,lgbtqia equality4 ,turkey also has the highest recorded number of murders of transgender people in ,europe4 ,authorities enforce nationwide bans on pride events and have used violent tactics and mass detentions to suppress such events4 ,a draft bill1 which was introduced in ,october #bjbe1 would criminalize behavior contrary to biological sex1 raise the age for gender-affirming surgery1 and impose prison terms of up to #d years for same-sex marriage or civil-union ceremonies4 7#bc7 ,in ,march #bjba1 ,turkey withdrew from the ,istanbul ,convention1 a landmark human rights treaty of the ,council of ,europe designed to prevent violence against women4 ,legal experts state that this withdrawal violates both domestic and international law and reflects broader efforts to roll back protections for women1 ,,lgbtqia people1 and fundamental freedoms4 7#bd7 ,since #bjad1 the ,government of ,turkey has increasingly targeted critics beyond its borders1 including in the ,united ,states4 ,freedom ,house reports that ,turkish authorities have pursued opponents in more than #ca countries and secured the rendition of at least #eh individuals without due process4 7#be7 ,following the #bjaf coup attempt1 the ,government of ,turkey escalated its campaign of transnational repression1 forcibly returning or abducting more than #ajj individuals1 primarily educators linked to ,hizmet-affiliated schools4 ,turkish authorities have pressured foreign governments to transfer or close these schools and have repeatedly abused ,,interpol ,red ,notices and diffusions to pursue dissidents abroad4 7#bf7 ,turkish-,americans and lawful permanent residents in the ,united ,states have reported threats1 intimidation1 and harassment linked to politicized ,turkish government blacklists4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,political prisoner ,the term political prisoner means a person who has been deprived of his or her personal liberty if-- 7,a7 the detention has been imposed in violation of one of the fundamental guarantees set out in the ,european ,convention on ,human ,rights1 particularly-- 7i7 freedom of thought1 conscience1 and religion2 7ii7 freedom of expression and information2 and 7iii7 freedom of assembly and association2 7,b7 the detention has been imposed for purely political reasons without connection to any offense2 7,c7 for political motives1 the length of the detention or its conditions are clearly out of proportion to the offense of which the person has been found guilty or is suspected2 7,d7 for political motives1 he or she is detained in a discriminatory manner as compared to other persons2 or 7,e7 the detention is the result of proceedings which were clearly unfair and appear to be connected with political motives of the authorities4 7#c7 ,prisoner of conscience ,the term prisoner of conscience means any person who-- 7,a7 is imprisoned or otherwise physically restricted solely for the peaceful exercise of the individual's human rights2 and 7,b7 has not used violence or advocated violence or hatred4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to support democracy1 peace1 and human rights in ,turkey1 and to press the ,government of ,turkey to comply with its obligations under the ,north ,atlantic ,treaty2 7#b7 to oppose the abuse of counterterrorism laws and authorities1 including targeting journalists1 political opponents1 dissidents1 recognized and unrecognized ethnic and religious minorities1 and others engaged in exercising their right to freedoms of expression1 peaceful assembly1 or association2 7#c7 to consider those detained or imprisoned under counterterrorism authorities on politically motivated grounds to be prisoners of conscience or political prisoners1 as appropriate1 unless there is probative evidence of specific criminal misconduct presented in proceedings that comply with international fair trial standards2 7#d7 to use all diplomatic tools to advocate that all prisoners of conscience and political prisoners in ,turkey should be unconditionally released and charges expunged2 7#e7 to press the ,government of ,turkey to repeal or amend-- 7,a7 all anti-terrorism laws and regulations that allow the government to unjustly target journalists1 political opponents1 dissidents1 and minorities2 7,b7 all laws and regulations that violate the right to freedoms of expression1 peaceful assembly1 or association in a manner not permitted by international legal standards1 including laws and regulations that seek to punish those who insult political figures or denigrate the ,turkish nation or state institutions2 and 7,c7 all laws and regulations that violate the right to a fair trial2 7#f7 to oppose the export to ,turkey by any country of surveillance technologies1 including software1 that could be used to monitor the activities of journalists1 political opponents1 dissidents1 or minority communities2 7#g7 to condemn the ,government of ,turkey's use of transnational repression1 including the abuse of ,,interpol notices1 renditions1 and other extraterritorial measures to target critics abroad2 7#h7 to protect ,united ,states persons and lawful permanent residents from harassment1 intimidation1 and other forms of foreign political retaliation by or on behalf of the ,government of ,turkey2 and 7#i7 to condition ,united ,states security cooperation and assistance1 as appropriate1 on measurable improvements in respect for human rights1 rule of law1 and compliance with binding international human rights judgments4 #e4 ,sense of ,congress on press freedom ,it is the sense of ,congress that-- 7#a7 the ,government of ,turkey must take steps to significantly improve the dire climate for journalists and those supporting the journalism profession1 including-- 7,a7 ending the enforcement of draconian laws and regulations that restrict freedom of expression2 and 7,b7 releasing unconditionally all journalists and media workers who have been imprisoned for fulfilling their professional responsibilities2 7#b7 the ,department of ,state should provide assistance and warnings of impending politically motivated detention or harm to journalists and media workers in danger in ,turkey1 regardless of citizenship status1 including journalists working for ,kurdish media organizations2 7#c7 ,united ,states ,government officials should prioritize demands to release unfairly detained journalists and media workers in their communications with ,turkish officials2 and 7#d7 press freedom and the freedom of expression are fundamental human rights and should be upheld and protected in ,turkey and everywhere where those rights are threatened4 #f4 ,sense of ,congress on internet freedom ,it is the sense of ,congress that-- 7#a7 the ,government of ,turkey must cease its ongoing crackdown on free expression on the internet1 including by repealing or amending laws allowing the government to block a website or remove content from the website if there is sufficient suspicion that the site is insulting political figures2 7#b7 the ,department of ,state should support and pressure the ,government of ,turkey-- 7,a7 to halt its frequent requests that social media companies block accounts and content of journalists and media outlets2 and 7,b7 to ensure that the ,radio and ,television ,supreme ,council does not arbitrarily restrict online streaming services through a costly and opaque licensing regime2 and 7#c7 escalating controls regulating internet use are an attempt by the ,government of ,turkey to silence one of the last platforms for independent journalism in the country4 #g4 ,sense of ,congress on protecting lawyers and promoting fair trials ,it is the sense of ,congress that-- 7#a7 the ,government of ,turkey must-- 7,a7 halt its indiscriminate detention and prosecution of lawyers1 judges1 prosecutors1 and court officials1 and its targeting of lawyers' associations2 7,b7 repeal laws restricting the right of lawyers to discharge their professional duties1 the rights of suspects to legal counsel1 and the right of lawyer-client privileged communication2 7,c7 ensure that lawyers can visit detainees in police custody1 and remind police and prosecutors of the protected role of lawyers under ,article #ad of the ,international ,covenant on ,civil and ,political ,rights1 ,articles #e and #f of the ,european ,convention on ,human ,rights1 and the ,united ,nations ,basic ,principles on the ,role of ,lawyers2 and 7,d7 end the practice of prosecuting lawyers based on whom they have represented as clients2 7#b7 the ,department of ,state should pressure the ,government of ,turkey-- 7,a7 to abolish extended pretrial detention1 consistent with ,turkey's ,judicial ,reform ,strategy2 7,b7 to reverse the ,april #bjag amendment to ,article #aei of the ,constitution of ,turkey1 which allows for political control over the nomination procedures to the ,council of ,judges and ,prosecutors2 and 7,c7 to ensure the independence of judges and of the judiciary system1 with particular focus on the ,ministry of ,justice2 and 7#c7 the independence of any country's judicial system suffers when lawyers-- 7,a7 are subject to intimidation and harassment in their work2 and 7,b7 are identified with the causes of their clients4 #h4 ,sense of ,congress on accountability for human rights violations ,it is the sense of ,congress that if the ,government of ,turkey does not promptly take effective steps to address the human rights violations described in this ,act-- 7#a7 the ,president of the ,united ,states should impose sanctions pursuant to the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 with respect to officials of the ,government of ,turkey determined to be responsible for or complicit in1 or to have directly or indirectly engaged in-- 7,a7 the detention of prisoners of conscience and political prisoners2 7,b7 the politically motivated detention of journalists2 7,c7 restricting of freedom of free expression through social media2 and 7,d7 other gross violations of internationally recognized human rights2 7#b7 the ,president should confirm that ,united ,states security assistance provided to the ,government of ,turkey is fully consistent with the conditions mandated in section #cf of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggf7 and the human rights provisions contained in section #fbj,m of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcgh;d72 7#c7 the ,secretary of the ,treasury should instruct the ,united ,states executive director of each international financial institution to oppose any loan1 grant1 policy1 or strategy determined to be directly enabling the ,government of ,turkey to violate the human rights of its citizens2 and 7#d7 the ,secretary of ,state should impose visa restrictions under the announced ,khashoggi ,ban1 pursuant to section #bab7;a77#c77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,c77 on-- 7,a7 individuals who1 acting on behalf of the government1 are believed to have been directly engaged in serious1 extraterritorial counter-dissident activities1 including those who-- 7i7 suppress1 harass1 surveil1 threaten1 or harm journalists1 activists1 or other persons perceived to be dissidents for their work2 or 7ii7 engage in such activities with respect to the families or other close associates of such persons2 and 7,b7 family members of individuals described in subparagraph 7,a71 as appropriate4 #i4 ,limitations on certain security assistance 7a7 ,in general ,no funds authorized to be appropriated or otherwise made available for ,foreign ,military ,financing1 ,foreign ,military ,sales1 or other security assistance programs for the ,government of ,turkey may be obligated or expended unless the ,secretary of ,state certifies to the appropriate congressional committees that the ,government of ,turkey-- 7#a7 has taken demonstrable and sustained steps to reduce the number of prisoners of conscience and political prisoners1 including by releasing individuals detained solely for the peaceful exercise of their human rights2 7#b7 has ceased the misuse of counterterrorism and disinformation laws to criminalize peaceful expression1 association1 and political participation2 7#c7 is taking concrete steps to comply with binding judgments of the ,european ,court of ,human ,rights1 including in cases concerning ,osman ,kavala and ,selahattin ,demirta2 and 7#d7 has ceased1 or is no longer systematically engaging in1 acts of transnational repression targeting individuals abroad for exercising their fundamental freedoms4 7b7 ,waiver ,the ,secretary of ,state may waive the application of subsection 7a7 on a case-by-case basis if the ,secretary determines and reports to the appropriate congressional committees that such waiver is in the vital national security interest of the ,united ,states1 and includes a justification for the waiver and a description of efforts to promote the reforms described in subsection 7a74 #aj4 ,political prisoners assistance ,the ,secretary of ,state shall provide assistance to civil society organizations in ,turkey that work to secure the release of prisoners of conscience and political prisoners in ,turkey1 and to current and former prisoners of conscience and political prisoners in ,turkey1 including-- 7#a7 support for the documentation of human rights violations with respect to prisoners of conscience and politically motivated prisoners2 7#b7 support for advocacy in ,turkey to raise awareness of issues relating to prisoners of conscience and political prisoners2 7#c7 support for efforts to repeal or amend laws or regulations that are used to imprison individuals as prisoners of conscience or political prisoners2 and 7#d7 the delegation of specific ,united ,states mission staff who will observe trials in politically motivated cases1 including in ,southeast ,turkey4 #aa4 ,annual report 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary of ,state shall submit to the appropriate congressional committees a report on the implementation of this ,act4 7b7 ,matters ,to be included ,each report required under subsection 7a7 shall include-- 7#a7 an assessment of the number1 conditions1 and legal status of prisoners of conscience and political prisoners in ,turkey2 7#b7 a description of restrictions on freedom of expression1 association1 assembly1 and the press1 including online censorship and blocking of social media platforms and websites2 7#c7 a description of incidents of transnational repression1 including renditions1 attempted abductions1 physical attacks1 or misuse of ,,interpol notices targeting individuals in other countries1 including the ,united ,states2 7#d7 an assessment of any use by the ,government of ,turkey of ,united ,states-origin goods1 services1 or technologies to facilitate surveillance1 censorship1 or other serious human rights abuses2 7#e7 a description of efforts by the ,government of ,turkey to restrict and repress political opposition parties and leaders1 including attempts to eliminate meaningful political disagreement and debate2 7#f7 a description of efforts by the ,government of ,turkey to amend the ,constitution of the ,republic of ,turkey to marginalize political opposition and consolidate power around one political party or politician2 and 7#g7 a description of the sanctions1 visa restrictions1 and other measures taken pursuant to this ,act and other applicable authorities4 #ab4 ,support for civil society and independent media ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development1 as appropriate1 shall expand support for-- 7#a7 independent journalists and media outlets in ,turkey1 including those operating in exile2 7#b7 civil society organizations documenting human rights violations or providing assistance to victims of politically motivated persecution2 7#c7 digital rights advocates and organizations working to enhance secure communications1 privacy1 and cybersecurity for at-risk communities2 and 7#d7 initiatives promoting human rights education1 legal literacy1 and public awareness regarding fundamental freedoms in ,turkey4