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ABA condemns mass detentions and arrests of Turkish legal community
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
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The decision of the Turkish Constitutional Court regarding dismissal of two of it’s members provokes questions
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…
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Interrogation Process Document of a Judge
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?
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Another list of 1500 judges to be dismissed soon
Yargıda 1500 kişilik ikinci dalga tasfiye
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Letter of the Turkish Bar Association to the American Bar Association
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…
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Presumption of Innocence – Unschuldsvermutung
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…
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Turkey: Treatment of detainees ( and what about the presumption of innocence?)
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…
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Medel: Statements of Judicial Organisations on the Situation in Turkey
Collection of Statements by Medel
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Turkey: Resolution of the (US) Conference of Chief Justices
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…
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GOKHAN ACIKKOLU DECEASED IN DETENTION AUGUST 5, 2016
GOKHAN ACIKKOLU DECEASED IN DETENTION AUGUST 5
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Turkey: 32 inmates in a cell for 9
“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.”
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Turkey: Confiscation of assets of accused (not convicted!) persons
“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.”
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Deceased in detention 05/08/2016!
The 5th of August 2016 a teacher died died in detention (he was in detention waiting pretrial for 14 days!!). Allegedly he was a member of FETO. He was a diabetic patient. He was not allowed to see his family or to have any contact( phone call etc) during the 14-day detention period. Much more terrible, the Istanbul municipality does not allow family to bury him in a cemetery. The state is not sending a priest for his funeral ceremony. They just say take the dead body!!!!. No English source for the news. The link http://www.birgun.net/haber-detay/gozaltinda-olume-sorusturma-123135.html
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Turkey: Notification Notification made in accordance with Article 59 of the ECHR regarding Article 15
Notification Turkey regarding ECHR 15
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Türkei: erstes Notstandsdekret vom 23.7.2016
Decre 667 Übersetzung (inoffiziell:) Notstandsdekret 667 (Enthält die Bestimmung, dass Yarsav, die unabhängige Richtervereinigung der Türkei, welche Mitglied der Europäischen und der Internationalen Richtervereinigung ist, aufgelöst ist.)
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They will never hear the voice of a human being again….
According to the journal diken.com Minister Zeybekci, Minister of Economy, made a public speech in Denizli and Usak, and declared that: “These betrayers will be punished the way the people want it. We will put them in a hole and they will be punished there and they will breathe but they will not see the sun of the God anymore. They will not see the sunlight. They will never hear the voice of a human being again. They will beg us to be killed. It will be worse than the execution. …” MINISTER ZEYBEKCI’S PUBLIC STATEMENT Second Source: http://www.hurriyet.com.tr/bakan-zeybekci-bunlara-oyle-bir-ceza-verecegiz-ki-40177470 Bakan Nihat Zeybekci, Denizli’nin Çivril İlçesi’ndeki Cumhuriyet Parkı’nda ‘Demokrasi Nöbetine’ katılırken darbecilerin 1.5- 2…
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Turkey: Confiscation of assets based on pure assertion
An up to date report from Turkey on the confiscation of assets Additionaly received Information: There is no difference between arrested judges and judges temporary released from detention in terms of confiscation. All of them have to wait for the end of the investigation (ultimate decision of court, innocent or guilty ); in theory there is a right to appeal against the confiscation, in practice the same type court will handle it. In practice there’s no remedy.
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Turkey: The Number of Detained Judges and Prosecutors 30/07/2016
The Number of Detained Judges and Prosecutors2016-07-30
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Petition for the detained Judges and Prosecutors in Turkey
Petition to the Committee of Ministers of The Council of Europe,cm@coe.int: Take action to set free the wrongfully detained Judges/Prosecutors in Turkey Sign here: https://secure.avaaz.org/en/petition/The_Committee_of_Ministers_of_The_Council_of_Europe_cmcoeint_Take_action_to_set_free_the_wrongfully_detained_JudgesProse/?preview=live
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Intervention de M. Anne Brasseur lors de la 23e séance de l’Assemblée Parlamentaire du CoE en rapport avec le point sur ‘Le fonctionnement des institutions démocratiques en Turquie’.
Anne Brasseur Discours Turquie APCE 22-6-2016