The ICJ has intervened as a third party before the European Court of Human Rights in a case concerning the involuntary transfers of judges and the consequences of such transfers for the independence of the judiciary. The case of Kurtoğlu Karacık v Türkiye concerns the transfer of several judges to new locations by decision of the High Council of Judges and Prosecutors, against the wishes of the judges concerned and without the possibility of effective judicial review of the decision. In its intervention, the ICJ presents an analysis of international standards related to the transfer of judges, including their right to appeal against involuntary transfers, in light of obligations of under article 6.1 ECHR. It also assesses the current state of judicial independence and the system of transfer of judges in Türkiye within the context of systemic deficiencies in respect of judicial independence in the Turkish judicial system.
Every year thousands of Turkish judges and prosecutors of all ranks are transferred to different regional posts. The ICJ considers that both the Turkish law on transfers of judges and the limitations on judicial review of the decisions concerning transfers of judges are contrary to international standards on the independence and irremovability of judges, and to the rights of judges to access to justice and a fair hearing in accordance with Article 6 ECHR.
Read the full intervention here.CasesLegal submissionsNews