News

Joint declaration of the judges' and prosecutors' associations of Serbia

Joint declaration of the judges' and prosecutors' associations of SerbiaIt is with great concern that Judges’ Association of Serbia and Association of Public Prosecutors and Deputy Public Prosecutors of Serbia follow the situation of their Turkish colleagues, judges and public prosecutors, after the attempted military coup in Turkey.

The Turkish judiciary has, in recent years, faced numerous challenges, as international professional associations MEDEL and IAJ/EAJ, as well as Consultative Council of European Judges, warned in their numerous addresses to the European institutions, though, unfortunately, in vain. Judges and public prosecutors in Turkey, who performed their functions conscientiously and equally towards everyone, endured  pressures  and  threats, were exposed against their will to transfers  (9.000 of them, out of the total of 15.000 in Turkey, during the period of less than two years, were reallocated) to locations several thousands of kilometres away, were also subjected to unjustifiable dismissals  and,  since 2014, even to arrests.

Read more ...

Statement of the Commissioner for Human Rights of the Council of Europe: Measures taken under the state of emergency in Turkey

Commisioner for Human Rights Nils MuižnieksIt is with profound concern that I examined the first decree with the force of law (“Kanun Hükmünde Kararname”, KHK/667) adopted within the framework of the state of emergency declared in Turkey last week.

I note that Turkey has submitted a formal notice of derogation to the European Convention on Human Rights (ECHR) as foreseen under Article 15 of the Convention. As I expressed in a statement last week, I have no sympathy for the coup plotters. I think that those who actively plotted to overthrow democracy must be punished. I am also not putting into question Turkey’s right to declare a state of emergency, nor to derogate from the ECHR. But I must stress that, as recalled by the Secretary General of the Council of Europe, such derogations are not limitless: the European Court of Human Rights (ECtHR) remains the ultimate authority to determine whether measures taken during the state of emergency are in conformity with the ECHR. One of the criteria used by the Court in this context is whether the measures derogating from the ECHR are taken only to the extent strictly required by the exigencies of the situation.

Read more ...

Le communiqué des organisations françaises de magistrats et d'avocats: Pour le respect de l'etat de droit en Turquie

Le communiqué des organisations françaises de magistrats et d'avocatsArticle 6 de la Convention Européenne des Droits de l'Homme : «Toute personne a droit à ce que sa cause soit entendue équitablement, publiquement et dans un délai raisonnable, par un tribunal indépendant et impartial (...)». Article 16 de la Déclaration des Droits de l'Homme et du Citoyen : « Toute Société dans laquelle la garantie des Droits n'est pas assurée, ni la séparation des Pouvoirs déterminée, n'a point de Constitution».

2 745 juges et procureurs turcs ont été démis de leurs fonctions par le Haut Conseil des Juges et Procureurs (HCJP) le lendemain même de la tentative de coup d’État du 15 juillet 2016. Nombre d'entre eux ont été emprisonnés de manière arbitraire avec leur famille. Aucune explication ne leur a été fournie sur les raisons de cette éviction et aucun droit de se défendre ne leur a même été reconnu.

Read more ...

Statement of the German section of IALANA: Open Appeal to the German Government and to the Council of Europe, OSCE and NATO

IALANAIn February 2016 the Turkish Constitutional Court revoked the pre-trial imprisonment imposed upon two journalists who had uncovered support provided by Turkish au- thorities to militant Islamists in Syria. In response, the Turkish President Erdogan threatened the judges: "I don't need to accept [this decision], I want to make thatclear. I don't obey or respect the decision.”i Deeds have now followed these words. The pretext came in the form of the failed coup attempt by parts of the Turkish military in the night from July 15 to July 16, 2016. Since that night, the executive has re- moved almost 3000 judges and state prosecutors from office, with the majority of them also detained. It seems apparent that lists of targets had already been drawn up before the event. The suspensions and repression have been extended to include thousands of journalists, teachers, professors, lawyers and employees in various ed- ucational establishments. Newspapers and radio/TV broadcasters have been shut down or brought into line. Invoking the Turkish constitution and Article 15 of the European Convention on Human Rights, the Turkish government has declared a “state of emergency” in order to free itself from further bothersome constitutional limitations.

Read more ...

Statement of the International Association of Women Judges

IAWJThe International Association of Women Judges (www.iawj.org), representing judges from countries around the world, is committed to judicial independence and impartiality as essential to the Rule of Law. The wholesale termination of judges, with an apparent lack of individualized due process, is a threat to those principles. We urge the Turkish authorities to conform their actions to the dictates of the national Constitution and laws, consistent with international principles of human rights, the United Nations Basic Principles on the Independence of the Judiciary and the Bangalore Principles of Judicial Conduct.

In accordance with these principles, any suspension or removal of a Judge from office should be only for reasons of incapacity or behavior that renders that judge unfit to discharge his or her duties in accordance with established standards of judicial conduct.  Any decisions in disciplinary, suspension or removal proceedings should normally be subject to independent review.

Read more ...

You are here: MEDEL News