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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.

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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.

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Letter from MEDEL to the European Network of Judicial Councils on suspension and Imprisonment of Judges and Prosecutors in Turkey

MEDELDear Sir or Madam, MEDEL (Magistrats Européens pour la Démocratie et les Libertés), an organization of European judges and prosecutors created with the main purpose to defend  the independence of the judiciary, democracy and human rights, currently comprises 22 national associations from 15 European countries, including Turkey, and as an observer member of the CCPE, hereby states the following:

The European Network of Councils for the Judiciary (ENCJ) expressed its grave concerns by the reports that over 2700 judges and prosecutors had been suspended and/or dismissed by the High Council for Judges and Prosecutors only hours after the coupd’etatin Turkey had happened. ENCJ also declared that would follow the developments in Turkey and stay in close contact with the relevant European and international authorities.

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Turkey: Independent monitors must be allowed to access detainees amid torture allegations

Turkey military coup (Source amnesty.org Photo: Getty Images)Amnesty International has gathered credible evidence that detainees in Turkey are being subjected to beatings and torture, including rape, in official and unofficial detention centres in the country.
The organization is calling for independent monitors to be given immediate access to detainees in all facilities in the wake of the coup attempt, which include police headquarters, sports centres and courthouses. More than 10,000 people have been detained since the failed coup.

Amnesty International has credible reports that Turkish police in Ankara and Istanbul are holding detainees in stress positions for up to 48 hours, denying them food, water and medical treatment, and verbally abusing and threatening them. In the worst cases some have been subjected to severe beatings and torture, including rape.

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Statement of the President of the Superior Judicial Council of Romania

Superior Judicial Council of RomaniaPoziţia domnului judecător Mircea Aron, preşedinte al Consiliului Superior al Magistraturii  referitoare la informaţiile vehiculate în spaţiul public privind situaţia judecătorilor şi procurorilor din Turcia

Urmare  a informaţiilor publice vehiculate în spaţiul internaţional de către agenţiile de presă şi diverse organisme şi organizaţii internaţionale, privitoare la acţiunile întreprinse de către autorităţile turce în legătură cu un număr îngrijorător de magistraţi turci, ulterior recentelor evenimente petrecute în Turcia, declarate de  autorităţile Statului Turc ca fiind o tentativă de lovitură de stat

şi

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Statement of The European Criminal Bar Association (ECBA)

The European Criminal Bar Association (ECBA)The ECBA, whose objects under its constitution include promoting “(...) the administration of justice and human rights under the rule of law within the member states of the Council of Europe and among the peoples of the world” is alarmed by reports that following an attempted coup d’état Turkey is considering the restoration of the death penalty in order to execute the ringleaders of the coup if not others as well.

Turkey is a member of the Council of Europe and a signatory of the European Convention on Human Rights. Consequently Turkey is bound by Protocols 6 and 13 of the E CHR which abolish the death penalty. Any law adopted by the Turkish Parliament to restore the death penalty would automatically infringe these Protocols and in this regard no derogation under Article 15 of the Convention would be available.

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