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https://hrf.org/press_posts/the-collapse-of-the-rule-of-law-and-human-rights-in-turkey/ …
.@HRF issued a new report on the Collapse of The Rule of Law and Human Rights in Turkey, and with the aspect of ineffectiveness of domestic remedies and the failure of the ECtHR`s response. It is a must-read.@RTENewsPaulC
@GeorgeStaffs @RnEngstad
@HRF report provides detailed info of laws and practices adopted since July 2016 that have contributed to the eradication of judicial independence, rule of law and human rights in Turkey. It also highlights notable cases that illustrate this decline. @CoE_execution @catgarc_
It recommends that the ECtHR officially recognize that the Turkish judicial system does not offer effective domestic remedies. It also recommends that the ECtHR adopt the“pilot judgment” procedure in order to deal with the flood of cases brought before it. @HrRkkondak @agagatsi
The report outlines that the Turkish judicial system is not capable of providing justice to the victims of the post-coup purges and other rights abuses. Since the attempted coup, the ECtHR has received over 33,000 applications from Turkish citizens. @EdBatesECHR @ECHRPublication
Unfortunately, most of these have been rejected on the basis that applicants have yet to exhaust domestic remedies, despite the fact that no effective remedy is available under the Turkish judicial system as it currently functions. @ProfPech
@cohelongo @ViljanenJukka
With the Judicial Council under executive control, it is extremely difficult for judges to rule in favor of the perceived “enemies” of the government, and they feared the consequences of doing so. @RamuteRemezaite @ECHR_Press
@KatyVaughan7
The government granted immunity to individuals who contravened the law while purportedly fulfilling their duties under the emergency decree laws. @Buttarelli_G
@atatoyan @EU_EDPS
Article 9 of Emergency Decree Law No. 667, granted legal, criminal, administrative, and financial immunity to state agents who would otherwise have been subject to criminal investigation and prosecution. @AIRECentre @rjjoconnell
@AvCojocariu @UKHRights
Article 37 of Emergency Law No.668, effectively grants immunity to government officials who act to isolate alleged Gülenists or other government opponents from Turkish society. The amendment extended this immunity to civilians, thus promoting pro-State vigilantism. @PietEeckhout
The blanket, retroactive criminalization of members of the Gülenist network and their connections from July 15, 2016 onward, violated the core criminal justice principles of “legality” and “non-retroactivity.” @jowicz
@nsitaropoulos @iuliamotoc
The SoE Inquiry Commission is far from meeting the criteria established by the Venice Commission: namely, to be independent, impartial and given sufficient powers to restore the status quo ante (restitutio ad integrum)
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