Criminal complaint from the Secularism Assembly against the Istanbul Provincial Directorate of National Education: Violation of the Constitution

Secularism Assembly Spokesperson Umut Kuruç Kılçer has filed a criminal complaint with the Istanbul Chief Public Prosecutor's Office against officials of the Istanbul Provincial Directorate of National Education for the crimes of violating the Constitution (Turkish Penal Code Art. 309) and misconduct in public office (Turkish Penal Code Art. 257).

According to the criminal complaint, the letter sent by the directorate to all district national education directorates issued instructions to "provide convenience for students attending public and private high schools to perform Friday prayers" and to "coordinate through religious instruction branches in schools that do not have suitable prayer rooms."

The Secularism Assembly argued that this instruction is contrary to the unchangeable principle of secularism in the Constitution, asserting that public educational institutions cannot be directed according to religious rules and that the practice in question could create an environment of discrimination and pressure in schools.

The petition stated that the instruction in question undermines the understanding of secular education, constitutes an interference with the constitutional order, and results in the abuse of public office, requesting that a public lawsuit be filed against those responsible.

HERE IS THE SECULARISM ASSEMBLY'S CRIMINAL COMPLAINT:

TO THE CHIEF PUBLIC PROSECUTOR'S OFFICE

ISTANBUL

Suspects: Officials of the Istanbul Provincial Directorate of National Education and Officials who signed the instruction subject to the crime

Crime : Violation of the Constitution (TPC Art. 309) Misconduct in Public Office (TPC Art. 257)

Subject: On behalf of the institution they represent, the suspects sent an instruction letter addressed to "all district national education directorates in Istanbul" requesting that "coordination be carried out through the religious instruction branches of district national education directorates in schools that do not have suitable prayer rooms to provide convenience for students attending all public and private high schools to perform Friday prayers."

By drafting and sending such an instruction, the suspects have effectively abolished the principle of secularism, which is under constitutional guarantee, by using executive power, and have exceeded their legal authority, thereby committing misconduct in office. We request that an indictment be prepared to initiate a public lawsuit against the suspects for their actions subject to the crime.

Events:

As of 15.10.2025, it has been reported in many newspapers and news sites published in our country that it was requested that "coordination be carried out through the religious instruction branches of district national education directorates in schools that do not have suitable prayer rooms to provide convenience for students attending all public and private high schools to perform Friday prayers." Images and some links regarding the news published on the websites of many newspapers and news organizations, as well as the letter subject to the crime, are presented in the annex of our petition.

The described event constitutes the crimes of violating the Constitution and misconduct in public office in accordance with the provisions of TPC Art. 309 and Art. 257 against the Republic of Turkey, where the principle of secularism is under constitutional guarantee, and thus our obligation to file a criminal complaint before your Chief Public Prosecutor's Office has arisen.

Explanations :

1-THE AFOREMENTIONED INSTRUCTION CONSTITUTES A VIOLATION OF THE PRINCIPLES OF IMPARTIALITY IN PUBLIC SERVICE AND SECULARISM GUARANTEED BY THE CONSTITUTION.

In the preamble of the Constitution of the Republic of Turkey;

It is stated that "it is understood with the IDEA, BELIEF, AND DECISION that everyone is equal in rights and duties against existence, in blessings and burdens, and in all manifestations of the life of the nation, and that they have the right to demand a peaceful life with absolute respect for each other's rights and freedoms, mutual sincere love and feelings of brotherhood, and in the desire and belief of 'Peace at home, peace in the world'; and that it is to be interpreted and applied with absolute loyalty to its word and spirit in this direction." This indicates which fundamental principles should be taken into account when interpreting the constitution and laws, and that any action or transaction taken against or contrary to these principles would be contrary to the fundamental principles of the state determined by the constitution and the founding will, and therefore should be considered an attempt to abolish the constitution.

It is also stated that the actions and perpetrators directed against these principles determined in the Constitution cannot benefit from any legal protection written in the Constitution and laws.

Furthermore, Article 2 of our Constitution emphasizes the principle of secularism by stating, "The Republic of Turkey is a democratic, secular and social state governed by the rule of law, within the notions of public peace, national solidarity and justice, respecting human rights, loyal to the nationalism of Atatürk, and based on the fundamental tenets set forth in the preamble." To emphasize how important these articles are in terms of the fundamental qualities of our republic, Article 4 of our Constitution states, "The provision of the 1st article of the Constitution, that the form of the state is a Republic, the characteristics of the Republic in the 2nd article, and the provisions of the 3rd article shall not be amended, nor shall their amendment be proposed."

Article 2 of the Constitution reinforces the unchangeable principle of secularism with the "rule of law" regulation. Thus, all citizens have the right and authority to expect a legal process in accordance with the principle of secularism from the state and all administrations representing the state in their administrative actions and decisions. Therefore, the administration can base its administrative regulations only on the legal rules and principles specified in the Constitution and laws, not on religious rules. This is the essence of administrative procedural law.

Article 5 of the Constitution, titled "Fundamental Aims and Duties of the State," states: "The fundamental aims and duties of the state are to safeguard the independence and integrity of the Turkish nation, the indivisibility of the country, the Republic and democracy, to ensure the welfare, peace, and happiness of the individual and society, to strive for the removal of political, social, and economic obstacles that restrict the fundamental rights and freedoms of the individual in a manner incompatible with the principles of justice and of the social state governed by the rule of law, and to prepare the conditions required for the development of the individual's material and spiritual existence." Indeed, the last paragraph of Article 24 also states: "No one shall exploit or abuse, in any manner whatsoever, religion or religious feelings, or things held sacred by religion, for the purpose of basing, even partially, the fundamental social, economic, political, or legal order of the State on religious tenets, or for securing political or personal interest or influence thereby."

The Constitutional Court's decision dated 05.06.2008, numbered 2008/16 E.-116 K., states: "...The 'Secular Republic' principle stated in Article 2 of the Constitution envisages a Republic where sovereignty belongs to the nation, where no dogma other than the national will can direct the political order, where legal rules are accepted under the guidance of reason and science based on democratic national demands instead of religious commands, where freedom of religion and conscience is granted to everyone without discrimination or preconditions regardless of whether they belong to a majority or minority religion, philosophical beliefs or worldviews, and is not subject to any limitation beyond what is envisaged in the Constitution, where the abuse and exploitation of religion or religious feelings are prohibited, and where the state acts equally and impartially towards religions and beliefs in all its transactions and actions. ... The principle of secularism, which is explained in detail in many decisions of the Constitutional Court, takes its intellectual foundations from the Renaissance, Reformation, and Enlightenment periods. According to this principle, which is a common value of contemporary democracies, the political and legal structure is based on national preferences that are the product of participatory democratic processes that are purified from dogmas and based on rationality and scientific methods. In societies where individuals benefit from their constitutional freedoms without discrimination due to belief, religion, sect, or philosophical attitude, and where the conditions of enlightenment, which is a process based on fluidity, are provided, secular and democratic values are assimilated, and political, social, and cultural life gains a contemporary appearance where universal values prevail. It is clear that secularism is a common value that ensures social and political peace with this function. The moment religions, which are social institutions based on the free conscientious choices of individuals, begin to dominate the political structure or form the basis of legitimacy for the legal rules of the political structure instead of the national will, it becomes impossible to protect social and political peace. Basing legal regulations on religious commands instead of the national will that emerges through a participatory democratic process makes individual freedom and the democratic functioning that rises on this basis impossible. Dogmas that dominate the political structure first destroy freedoms. For this reason, contemporary democracies reject claims of absolute truth, stand against dogmas with rationality, create social and intellectual foundations that can explain the world with the knowledge of the world, and by separating religion and state affairs, remove religion from being politicized and a tool of administration..."

2- THE INSTRUCTION SUBJECT TO THE COMPLAINT NOT ONLY VIOLATES ARTICLE 14 OF THE CONSTITUTION BUT ALSO OPENS THE WAY TO DRAGGING SCHOOLS INTO A MADRASA MENTALITY.

With the amendment made to the Regulation on Secondary Education Institutions in 2014, the provision "A suitable place with natural lighting is allocated in the school for worship needs" was introduced.

Later, with Article 5/1-ç of the MINISTRY OF NATIONAL EDUCATION REGULATION ON OPENING, CLOSING AND NAMING INSTITUTIONS dated 24.07.2017, the obligation to have a prayer room in schools was introduced by stating, "In every institution... there must be... an ablution room, a prayer room separately for women and men in a suitable place with natural lighting..." Prayer rooms have been established in schools with various circulars and instructions.

Even though this entire process is contrary to the 'principle of secular education' stated in the basic laws of national education and guaranteed by the Constitution, the instruction sent by the Istanbul Provincial Directorate of National Education to the district national education directorates, which was widely covered in the press on 15.10.2025, requested that "coordination be carried out through the religious instruction branches of district national education directorates in schools that do not have suitable prayer rooms to provide convenience for students attending all public and private high schools to perform Friday prayers."

The instruction stated that the practice was evaluated within the scope of Article 24 of the Constitution, which includes freedom of religion and conscience, and that school administrations should act with this sensitivity. In the letter, it was requested that the relevant school directorates be informed, the practice be followed, and the district directorates act with sensitivity regarding the provision of coordination.

Although the concepts of freedom and rights within the scope of Article 24 of the Constitution were made the basis of the instruction, it is obvious that if implemented, it will cause many drawbacks and violations of freedoms and secularism. It will even harm the freedom of conscience, religious belief, and conviction mentioned in the article.

Article 24 of the Constitution states, "Everyone has the freedom of conscience, religious belief and conviction. Acts of worship, religious rites and ceremonies are free, provided that they do not violate the provisions of Article 14."

Article 14 of the Constitution, to which the article clearly refers, states (Amended: 3/10/2001-4709/3 art.): "None of the rights and freedoms embodied in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to abolish the democratic and secular Republic based on human rights."

The instruction in question is contrary to the necessity that places of education must be in accordance with secularism.

While even having a prayer room in schools is contrary to secularism, what is the purpose of sending the instruction in question to schools that already have prayer rooms? The request in the instruction for "coordination to be carried out through the religious instruction branches of district national education directorates in schools that do not have suitable prayer rooms to provide convenience for students attending all public and private high schools to perform Friday prayers" shows that the issue is not just about a prayer room. There are already prayer rooms in schools.

As explained above, with the 2014 regulation and the 2017 regulations, it has become mandatory to open prayer rooms in schools. The emphasis on "Friday prayer" in this instruction brings to mind the possibility of appointing imams to lead the Friday prayers and the prayer rooms. This instruction is of a nature and danger that could lead to this. Indeed, the instruction requests that "...the relevant school directorates be informed, the practice be followed, and the district directorates act with sensitivity regarding the provision of coordination."

3-THE ACTION SUBJECT TO THE COMPLAINT DISREGARDS THE CONSTITUTIONAL ORDER BY PRODUCING ANTI-DEMOCRATIC AND DIVISIVE RESULTS.

In the concrete case, the instruction drafted and sent by the officials of the Istanbul Provincial Directorate of National Education gives authority and power that can lead to abuse.

Moreover, it creates three anti-democratic and divisive results:

*Religious rules will continue to determine the public regime, and this trend will intensify.

*A distinction between students who attend Friday prayers and those who do not will arise in educational institutions, and this distinction will become prominent. It may cause students who do not attend to be marked by some teachers or administrators and be subjected to pressure.

*For students who belong to a different religious belief, have no religious belief, or do not want to go to Friday prayers even if they have a belief, it will create insecurity and the thought that they cannot be equal to students who attend Friday prayers.

4-THE ACTION SUBJECT TO THE COMPLAINT CONSTITUTES THE CRIME OF MISCONDUCT IN PUBLIC OFFICE IN ADDITION TO THE CRIME OF VIOLATING THE CONSTITUTION.

The fact that the suspects effectively abolished the principle of secularism, which is under constitutional guarantee, by using executive power by drafting the instruction letter detailed above on behalf of the Istanbul Provincial Directorate of National Education constitutes a violation of the Constitution, and doing this by going beyond the limits of judicial duty and authority and exceeding legal authority also constitutes the crime of misconduct in public office. For this reason, we have a request for a public lawsuit to be filed directly against the suspects for both crimes regulated in TPC Art. 257 and 309, and against the suspects who are clearly stated in the preamble of the constitution as not being able to benefit from any legal protection, without obtaining permission from the relevant authority for investigation and prosecution under Law No. 4483.

The complainant is the spokesperson of the Secularism Assembly, which is in the nature of a Platform, and has rights and interests in the protection of secularism both by virtue of their duty and as a citizen. For these reasons, the necessity to file this criminal complaint has arisen.

Conclusion and Request:

For the reasons explained above and those to be considered ex officio by the Honorable Prosecutor's Office, we request that the necessary investigations be carried out against the suspect to be tried and punished for the crimes corresponding to their actions, and that an indictment be prepared to initiate a public lawsuit.

Respectfully,

23.10.2025