Turkey: System of transfer of judges undermines judicial independence and must be reformed

The ICJ submitted today written observations to the Committee of Ministers of the Council of Europe denouncing the lack of structural independence of the Turkish judiciary and the abuse of its system of transfer of judges to undermine judges’ individual independence.

The submission was presented in the process of implementation of the judgment of the European Court of Human Rights in the cases of Bilgen v. Turkey (Application No. 1571/07) and Eminagaoglu v. Turkey (Application No. 76521/12)

The cases both dealt with administrative and disciplinary decisions taken by the High Council of Judges and Prosecutors (hereinafter “the HSYK”), later renamed the Council of Judges and Prosecutors, (“the HSK”), in relation to individuals working in the justice system and the lack of judicial review over such decisions.

The submission focuses on the general measures requested in consequence of the findings of the Court in the cases in question, with a particular focus on the issue of involuntary transfers of judges and the lack of judicial review over such decisions, which may pose a threat to the independence of the judiciary.

Read the submission: Bingen&Others-ICJ Submission – CMCE – Final

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