On November 9, 2024, the legal committee of the Turkish Parliament approved the “Influential Espionage” bill aimed at combating foreign intelligence interventions. The law, presented by the Justice and Development Party in May 2024, stipulates severe penalties, including imprisonment for several years, for anyone found guilty of gathering information on behalf of foreign entities or organizations with strategic interests. According to observers, this law is a reaction to the expansion of espionage networks operating within Turkey, many of which have been arrested recently. It coincides with rising local and regional tensions and increasing concerns about negative repercussions for Turkey’s interests.
Multiple Reasons
The law, which aims—according to the Justice and Development Party—to protect national security and enhance the country’s stability and combat foreign intelligence interventions, includes “preventive provisions” designed to strengthen investigation and prosecution capabilities effectively, in line with modern security challenges, including cybercrimes. The issuance of this espionage law is linked to several governing pressures, the most significant of which are outlined below:
The Rise of Espionage Networks: In recent months, Turkey has witnessed the arrest of numerous espionage networks operating within its territory. The most recent raid occurred on September 3, 2024, when Turkish intelligence dismantled a financial network serving the Mossad, led by an individual from Kosovo. Seven people were arrested in March 2024 for working for the Mossad, preceded by the dismantling of a cell in January 2024 composed of about 45 individuals, of whom 33 were arrested. Their activities included spying on foreign nationals within Turkey for the benefit of the Mossad.
Ankara aims to neutralize foreign espionage activities within its borders, especially after the revelation on February 20, 2024, of Turkish intelligence successfully dismantling a French espionage network consisting of three Syrians, which was preparing documents critical of Turkey regarding its treatment of refugees and exposing Ankara’s migration policies to foreign intelligence agencies.
Increasing Concerns Over Cyber Espionage: There have been heightened fears in Turkey regarding some intelligence agencies recruiting individuals to infiltrate electronic systems within its institutions. This was evidenced by the arrest of a cyber espionage network in early August 2024 that used Turkey as a base for stealing data from thousands of people in various countries, including Turkey.
This network hacked into the computers of Turkish companies and institutions, as well as email systems of Turkish figures, resulting in the theft of data from tens of thousands of citizens, which was then shared with anyone who requested it, including armed groups. Turkish tensions peaked over cyber espionage following bombings targeting pager devices in various areas of Lebanon on September 17, 2024. This led to Turkey’s announcement on September 19, 2024, of its intention to establish an independent cybersecurity agency to protect its institutions from breaches and digital attacks.
Escalation of Armed Groups and Organized Crime: The espionage law recently passed by the Turkish Parliament is linked to attempts by some armed groups and organized gangs to infiltrate Turkish territory, creating a conducive environment for executing qualitative operations. Recently, Turkey has faced networks loyal to criminal organizations conducting espionage on citizen data to extort them. In October 2024, Turkey arrested nine individuals affiliated with an armed group that stole data from a technological institute, selling it to terrorist groups and criminal organizations.
Increased Activity by the Kurdistan Workers’ Party (PKK): Turkey harbors suspicions that the PKK is spying on Turkish entities and organizations through party-affiliated individuals gathering intelligence, particularly concerning Kurdish mayoral figures in Turkey. This is exemplified by the Turkish security forces’ arrest of around 176 individuals suspected of PKK affiliation on October 25, 2024, in addition to the removal of three Kurdish mayors on November 3, 2024.
These actions followed the announcement on October 24, 2024, of the PKK’s involvement in an attack targeting Turkish Aerospace Industries (TUSAŞ) in Ankara, resulting in five deaths and 22 injuries.
Potential Consequences
Various perspectives suggest that Turkey’s new anti-espionage law could result in a range of diverse consequences, outlined as follows:
Reducing Espionage Risks: According to many opinions, the new espionage law could significantly restrict foreign spying activities and government-opposing groups within Turkey, especially since it states that anyone “conducting research on Turkish citizens or institutions or foreign residents in Turkey on behalf of external entities or organizations will face imprisonment ranging from 3 to 7 years.” The law also prescribes a prison sentence of 8 to 12 years for espionage committed during wartime or preparations for war, which could endanger military capabilities or movements.
Furthermore, the law stipulates double penalties for individuals involved in espionage activities who work in strategic units and public or private facilities of significant national security importance. In this context, these measures could potentially reduce the negative impacts of espionage activities within Turkey, a likely scenario given the toughening of penalties indicating Ankara’s intent to adopt new escalation measures in combating espionage activities in various domains.
Deterioration of Turkey’s Image: The overall criticism directed toward the Turkish espionage law indicates potential deterioration in Turkey’s international image, alongside a decline in its human rights standing both domestically and internationally, evidenced by strong objections from opposition parties and civil organizations. For instance, the Turkish Journalists Association deemed the law, resembling similar laws in Russia and Georgia, a serious threat to fundamental freedoms.
In parallel, the European Union condemned the law as it poses a severe threat to public freedoms and individual rights. Human Rights Watch previously indicated that the Turkish espionage bill could pose a threat to the work of human rights defenders and journalists, in addition to granting the government the authority to label “civil society actors as spies or state enemies.”
Heightened Tensions with Opposition Forces: The espionage law passed by the Justice and Development Party in Parliament is likely to intensify political polarization domestically between the government and local opponents. This was evident in the opposition Republican People’s Party’s condemnation of the law’s provisions, describing them as vague and suggesting they create an atmosphere of fear and increase state surveillance. The criticisms from the Republican People’s Party reveal that Turkish opposition parties are likely to escalate tensions with the Justice and Development Government and President Recep Tayyip Erdoğan.
Messages to Adversaries
In conclusion, it can be said that Turkey aims to achieve multiple objectives through the expansion of espionage crime penalties within its borders. Foremost among these is sending messages to regional adversaries indicating that Turkey will not allow its territory to be used for settling regional scores. Additionally, a significant aspect of the law is to tighten the constraints on the activities and movements of traditional adversaries within Turkey, particularly the Kurds and armed organizations.
