http://www.gazetevatan.com/yilmaz-net-konustu-baska-kims-zarar-gormeyecek-979927-gundem/   Yilmaz hat Klartext geredet: Niemand anders wird davon Schaden tragen   August 2016, Mittwoch – 19:00, letzte Aktualisierung: 24.08.2016 – 20.13   Der Vizepräsident des Rates der Vereinigung von Richtern und Staatsanwälten (HSYK)  und Präsident der 2. Abteilung Mehmet Yilmaz gab an, dass ausser Mitglieder der Terrororganisation von Fetullah niemand von den Amtsenthebungen betroffen sein wird. „In der HSYK sind wir nur auf etwas fixiert. Wir versuchen nur die FETÖ-Anhänger in der Justiz zu säubern. Wir legen grossen Wert und achten darauf, dass niemand anders sonst Schaden davon trägt. Wir berücksichtigen jeden Hinweis und jedes Dokument. Jedes Dokument und jeden Hinweis, Verteidigung nehmen wir detailliert entgegen.“    …

Hürriyet>Haberler>Gündem>Ferhat Sarıkaya açığa alındı, 2847 hakim ve savcı ihraç edildi Ferhat Sarıkaya açığa alındı, 2847 hakim ve savcı ihraç edildi Oya ARMUTÇU/ANKARA 24 Ağustos 2016 – 15:12Son Güncelleme : 24 Ağustos 2016 – 16:05 Darbe girişiminden sonra başlayan FETÖ soruşturmaları tam gaz devam ediyor. Eski Van Savcısı Ferhat Sarıkaya açığa alındı. HSYK’nın bu sabah ki toplantısında 2 bin 847 hakimve savcının daha meslekten ihraç edilmesine karar verildi. HSYK Başkanvekili Mehmet Yılmaz, HSYK Genel Kurulu’nun oy birliğiyle aldığı kararla, KHK’nın 3. maddesi uyarınca ihraç edilen 2 bin 847 hakim ve savcı arasında, Mustafa Bilgili, Burhan Yaz, İbrahim Okur, Ahmet Kaya, Mustafa Başer, Metin Özçelik, TeomanGökçe ve Nesibe Özer’in de bulunduğunu bildirdi.…

Update from Turkey: Prior to the state of emergence laws, visits and communication between lawyers and arrested person could not be restricted. Lawyers could visit the arrested persons at anytime in prisons. However, after the decrees respectively numbered 667 and 668 came into force many rights of inmates including the right to reach the lawyers were confined. According to the decree numbered 667 article 6, lawyer-arrested person communication can be restricted and recorded and over sighted by guards. So upon the order of prosecutors lawyer- client interviews and meeting can be done once a week or less. According to the decree numbered 668, article 3/m persons in custody before pre-trial…

Turkey is set to release 38,000 prisoners that are currently in jail in an apparent move to make space for those who plotted last month’s coup. Read more: http://www.dailymail.co.uk/news/article-3744650/Some-38-000-prisoners-released-probation-scheme-reform-minister.html#ixzz4HcRPg3F9 My comments: This decree impacts almost 40% of all prisoners. And the main target is to create space for the coup supporters (!). This apparently simply means : Turkish authorities are planning to arrest tens of thousands of people soon. It seems the indicted are already condemned, presumption of innocence and necessity of due process are irrelevant, regardless of the Turkish obligations due to the ratification of the European Convention on Human Rights.

CONSTITUTIONAL COURT DECISION TO DISMISS JUSTICES Translation of the important parts of the justification   There is no need to prove the ties between members and any terrorist organization, terror action, or the coup attempt to dismiss, it is enough to prove the tie between members and groups, structures, foundations, that were accepted acting against the national security by the National Security Council. On the other hand, according to the Article 3 (of the decree with the force of law -Kanun Hükmünde Kararname- KHK/667-) to dismiss (justices), proving that they are members or connected to this kind of group is not required, but provingmembers that they have contact with the…

AAAS, 7/27/2016 (Coalition member signatories: American Anthropological Association, American Association of Geographers, American Physical Society, American Sociological Association, American Statistical Association, Sigma Xi, Society for the Psychological Study of Social Issues): Letter to President Erdoğan    Middle East Studies Association, 7/21/16 (Coalition member organization signatories: American Anthropological Association, American Sociological Association, Linguistic Society of America): Threats to Academic Freedom and Higher Education in Turkey   American Political Science Association (APSA), 7/22/16: Letter to President Erdoğan    International Studies Association, 7/25/16: Statement on Most Recent Academic Freedom Concerns in Turkey   Committee of Concerned Scientists, 7/29/16: Academic Community Severely Affected by Actions of Turkish Government Following Attempted Coup   Scholars At Risk, 8/2/16: Turkey: Detained Higher Education…

UNANIMOUS DECISION BY THE TURKISH CONSTITUTIONAL COURT: Two members (Justice Alparslan Altan and Justice Erdal Tercan) of the Turkish Constitutional Court were dismissed due to their family affiliations within their social circle as well as the common perception of their colleagues over the years. There is no other evidence against them.   The court declares the state of emergence law does not require evidence based assessment so belief is sufficient to reach a final decision.   There is no particular evidence regarding the dismissed members. No event, no proof, no assessment, no evidence.   In the conclusion part, the rationale is limited to: ‘the law tells that the belief of…

In the wake of a failed coup attempt by the Turkish military, Turkish president Reçep Tayyip Erdoğan arrested about 3,000 lawyers, judges and journalists in the country without charges or access to counsel. On Tuesday morning, the ABA’s House of Delegates condemned any state’s detention of people without charge or counsel and called for the Turkish government to provide fair hearings, release people detained without evidence of a crime and meet its human rights obligations. ABA Resolution 10b

www.kararlaryeni.anayasa.gov 9th of August 2016 the Turkish constitutional court publicly announced via its website the reasoning of the decision of the permanent removal of its 2 members: ANAYASA MAHKEMESİ KARARI GENEL KURUL The decision was made unanimously. It includes 5 headlines. The most important things are the followings: The court says the emergence law does not require evidence based assessment so belief is sufficient to reach a final decision. There is no evidence mentioned in the decision. There is nothing particular regarding the dismissed members. No event, no proof, no assessment, no evidence. The decision contains more than 10 pages just explaining the law and the attempted coup. So assessment of…

Questions for accused judges and prosecutors A- Judges and prosecutors are detained over the coup attempt but there are just 2 questions on it. B- There is a question about the election of the High Council of judges. Why?  

Yargıda 1500 kişilik ikinci dalga tasfiye

DARBE TEŞEBBÜSÜNÜN HEDEFİ; ANAYASADA NİTELİKLERİ TANIMLANMIŞ TÜRKİYE CUMHURİYETİ VE ÜNİTER YAPIMIZDIR   “[…]  this terror organization nested in the state should be cleaned off the state structure urgently and within the framework of law. The most effective force of the state against the forenamed terrorist organization is its legitimacy deriving from acting lawfully as it is so against all terrorist organizations. For this reason, it is essential that the investigations and prosecutions are conducted within the framework of the principles of fair trial in order to ensure permanent success in combat against terrorism.  […] The principles of fair trial which the coup attempters would ignore if they were to succeed…

The presumption of innocence is considered by the European Court of Human Rights, not only as a principle of criminal justice, but also as a “concrete and real” defendant’s right to be presumed innocent until the moment of procedural instance described by paragraph 2, article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. A case procedure is based on the presumption of innocence and the interpretation of doubt in favour of the defendant, protects the suspect, meanwhile the officials authorized to conduct the preliminary investigation, are warned against voicing any allegations. In essence the presumption of innocence means that person charged with a criminal…

Excerpt from the news published today in the daily cumhuriyet as follows: 1. Lawyer-client meetings are restricted to be once a week and recorded. And in some penitentiaries, the meetings are made in the presence of two officials. 2. Arrested persons are not permitted to have family visitors until the end of the state of emergence. 3. Mailing and phone call are highly restricted. 4.Newspapers are prohibited. 5. Patient inmates’ rights to medical treatment are being violated due to bureaucratic obstacles. They do not access to health care once needed. 6. The lawyers who insisted on a meeting with their clients first waited to see them until 7:00pm then soldiers…

Collection of Statements by Medel

The Conference of Chief Justices urges the country of Turkey to adhere to its long history of promoting democracy, the rule of law and the independence of the judiciary to ensure due process for the detained judges, and the protection of judicial integrity and independence. CONFERENCE OF CHIEF JUSTICES The [US] Conference of Chief Justices (CCJ) was founded in 1949 to provide an opportunity for the highest judicial officers of the states to meet and discuss matters of importance in improving the administration of justice, rules and methods of procedure, and the organization and operation of state courts and judicial systems, and to make recommendations and bring about improvements on…

GOKHAN ACIKKOLU DECEASED IN DETENTION AUGUST 5

“He stays with 32 inmates/arrested people in a jail cell which is built for 9 persons. They don’t have enough space and beds. This must be a kind of torture. He had told his lawyer, that two judges were beaten by the police during detention. A pregnant judge was divested/of deprived from food for a long time in detention. There are several stories of this kind.”

“Cars, houses and bank accounts are confiscated. Which means that we are still owners but cannot use them. Terribly as I said before we are paid half of the salary but they now freeze our accounts so we also cannot withdraw any money from our accounts. So you properties and money in the bank is just useless. We have to wait until the end of the trial. The only way to stand on foot is to get help from relatives.”