Turkey: ICJ intervenes before European Court of Human Rights in cases of arrests under state of emergency

The ICJ intervened today before the European Court of Human Rights in the cases of a judge and a scholar that were arrested in the wake of the state of emergency in Turkey.

Mr Hakan Baş is a judge who was dismissed and arrested under emergency legislation following the attempted coup of 15 July 2016.

Mr Seyit Ali Ablak is a teacher and was arrested in 2017 also during the state of emergency declared following the attempted coup.

They claim, among others, the violation of their right to a judicial review of detention under articles 5.3 and 5.4 of the European Convention on Human Rights (ECHR).

In this intervention, the ICJ addressed the following issues:

  • the international legal and normative framework on the independence of the judiciary and the role of judges, in particular in implementation of obligations under articles 5.3 and 5.4 ECHR;
  • the current situation of the independence, governance and administration of the judiciary in Turkey, with particular regard to the Council of Judges and Prosecutors and the role of the peace judges, and their conformity with State obligations under articles 5.3 and 5.4 ECHR. The situation will be assessed with reference to the findings of an ICJ mission undertaken in May 2018 and contained in the mission report Justice Suspended.

Turkey-icj-Bas-Advocacy-legal submission-2018-ENG (download the intervention in Baş v. Turkey)

Turkey-icj-Ablak-Advocacy-legal submission-2018-ENG (download the intervention in Ablak v. Turkey)

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