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EUROPÄISCHER RECHNUNGSHOF: Bericht der EU über die Rechtsstaatlichkeit 2024
Quelle: https://www.presseportal.de/pm/111458/5724332
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Human Rights Council Forty-fifth session 14 September–2 October 2020
Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
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Democracy falling apart
“The truth is like a lion; you don’t have to defend it. Let it loose; it will defend itself.” Attr.: Augustine of Hippo Democracy falling apart (Open Access) Role and Function of Judicial Independence, Separation of Powers and the Rule of Law in a Constitutional Democracy – The Turkish Judiciary in 2018 English / Français / Deutsch / Türkçe English The e-book is now freely available (open access) The European Association of Judges (EAJ) has been dealing with the situation of justice and the rule of law in Europe for years. It notes with great concern that the independence of justice, the separation of powers and the rule of law can…
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CEDH, DEUXIÈME SECTION Requête no 60065/16 Selçuk ALTUN contre la Turquie et 545 autres requêtes
QUESTIONS AUX PARTIES Sur la base des griefs communiqués selon la liste en annexe 1. a) Les placements en détention provisoire des requérants ont-ils eu lieu « selon les voies légales », notamment dans le respect des garanties procédurales reconnues aux magistrats en droit interne ? b) Peut-on considérer que les requérants ont été placés en détention sur la base de « raisons plausibles de soupçonner » qu’ils avaient commis une infraction (voir, notamment, Fox, Campbell et Hartley c. Royaume-Uni, 30 août 1990, § 32, série A no 182) ? Les parties sont notamment invitées à répondre à cette question en tenant compte, – d’une part, de l’article 100 du code de procédure pénale, lequel exige « des preuves concrètes qui démontrent l’existence de forts…
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ECtHR, SECOND SECTION, Application No. 60065/16 Selçuk ALTUN against Turkey and 545 other requests
Original in French, translated with www.DeepL.com/Translator QUESTIONS TO THE PARTIES On the basis of the objections communicated in accordance with the list in the Annex 1. (a) Did the applicants’ pre-trial detention take place “in accordance with the law”, in particular with due regard for the procedural guarantees afforded to judges under domestic law? (b) Can the applicants be considered to have been detained on the basis of “reasonable grounds to suspect” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom, 30 August 1990, § 32, Series A No. 182)? In particular, the parties are invited to answer this question taking into…
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Press Release ECtHR, 03.06.2019: Communication of 546 applications relating to the provisional detention of judges and prosecutors following the attempted coup d’état of 15 July 2016
Link to the detailed statement of facts setting out the applicants’ complaints and the questions put to the parties.
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ECtHR: AFFAIRE ALPARSLAN ALTAN c. TURQUIE (Requête n o 12778/17), ARRÊT du 16 avril 2019
Extrait de l’arrêt 115. À la lumière de ce qui précède, la Cour conclut que l’extension de la portée de la notion de flagrant délit par la voie jurisprudentielle et l’application du droit interne par les juridictions nationales en l’espèce posent problème non seulement au regard du principe de sécurité juridique (paragraphe 103 ci-dessus), mais apparaissent aussi manifestement déraisonnables. Il s’ensuit que la mise en détention du requérant, qui a été ordonnée sur le fondement de l’article 100 du CPP, dans des conditions qui ont privé l’intéressé du bénéfice des garanties procédurales accordées aux membres de la CCT, n’a pas eu lieu selon les voies légales, au sens de l’article…
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New book: “Democracy falling apart”
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Neues Buch: “Democracy falling apart”
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Panel discussion: Democracy overruled? The future of media and justice in Turkey
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Statement of the Platform for an Independent Judiciary in Turkey on the eve of the EU-Turkey leaders’ meeting in Varna
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ECtHR DÉCISION Requête no 30647/17 Ayhan BORA contre la Turquie
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A LETTER BY ARRESTED AND TORTURED PROSECUTOR YIGIT KACAR FROM SANLIURFA PRISON IN TURKEY
(translator known Today is August 12, 2017. So the 1st anniversary of my imprisonment. Innocently, in a tiny room, between four walls, I spent a whole year, a whole year cost me such as a life time, apart from my loved ones. During my stay here, I always thought what I did the same day last year. Last year we were at the festival, we celebrated the birthday of my children in here, we welcomed the newyear eve at Ayder Plateau, we were at Kaçkarlar at that time, this time we were together with our friends … From now on, every day when I remember last year, I will…
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A LETTER BY ARRESTED PROSECUTOR YIGIT KACAR FROM PRISON/TURKEY
(translator known by editor) Here is the letter: To my friends; We say, “justice will prevail sooner or later,” and “Justice delayed is justice denied”… But how much do these two statements contradict each other whereas? If justice delayed is justice denied, how sooner or later it can prevail ? how one calls justice that prevails so late ? I have spent 11 months in prison today. How much longer do I have to wait for this justice to prevail itself? If I release tomorrow, will this be fair? And I am not going to be released tomorrow. My indictment was written a month and a half ago, but heavens…
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The real reason behind the arrest warrants is their commitment to justice
(author know to editor) @JHofTURKEY shared a tweet flood, which includes some quotation from a newspaper interviewed with three judges’s wifes (two of them also dismissed judges). They live in Turkey, and seem to me crying for you for help to reach them. I am sure the jounalist will happly give their information, and urge you to help them, show they are not alone. 1- Ayse says My husband is in a cell for months, never sees the sky. 2-She continues “as if we were buried alive since the coup attempt.” 3-“a five square meter cell, with a toilet for 60 persons.” adds Hatice. 4-“presented to a bloody young…
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ABA Annual Meeting 2017: Former Turkey Tax Court Judge Sukru Say addresses House
Former Turkey Tax Court Judge Sukru Say addresses American Bar Association House delegates Aug. 14 during the 2017 Annual Meeting session in New York. ABA Annual Meeting 2017
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Morphologic Observation
[Author known by editor] After Charlie Hebdo massacre, like many media outlet in the world, Cumhuriyet Daily also had published a section from the first issue of the Charlie Hebdo magazine following the masssacre. After this solidarity in terms of press freedom, Cumhuriyet had faced several difficulties including search of delivery trucks going out from the press houses. In the protests taking place in front of Cumhuriyet, some slogans “Kuaşi brothers are our honour” were shouted in favor of those carrying out Charlie Hebdo massacre and also press releases were made during protest demonsrations saying Kuaşi brothers had made proud of Muslims and wishing the approvement of their shahada. In…
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The Guardian: March for Turkey’s jailed judges highlights purge on dissidents
The Guardian: March for Turkey’s jailed judges highlights purge on dissidents Erdoğan accused of crippling democracy with hundreds from judiciary, media and civil service still detained after coup attempt Nesrin Şimşek remembers in vivid detail the moment she was released from prison and was reunited with her infant son. “I cried for a month after I saw my baby again,” recalled the former Turkish judge. “He had given up breastfeeding while I was in jail, and in every dream I saw my child, and I was trying to give him milk.” Şimşek (not her real name) was taken with her husband from their home on the Black Sea four days…
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Jailed Turkish Journalist, Novelist Ahmet Altan Calls Indictment About Journalists A ‘Judicial Porn’
(author known to editor) Ahmet Altan has continued his court testimony by saying that “We were arrested because we criticised the AKP… (However) for me being a defendant in a trial like this and spending my life in jail is more honourable than being the prosecutor… There is no freedom of expression in this country except for the prosecutor’s lies… I don’t have any requests and your judgements don’t have anything to do with me. All judges will be judged by their own judgements.” “They are being charged with the same accusations as those who picked up rifles and committed violence on the night of the coup,” said Tobias Garnett,…
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Open Letter by a Turkish Judge to European Colleagues
letter written by a Turkish judge The situation in our country is getting worse every day. In a sense this article; The call of S.O.S from the setting sun of law … a shout for help. Maybe a desperate crying ! *** My dear Colleagues; I have worked twenty years as a judge. Throughout my life, I have defended “pluralist democracy”, “state of law” and “human rights”. I will continue to defend. I have opposed all sorts of “terror” and “violence”. I’ve always been away from everyday politics. I have not compromised on these principles. Like many of my colleagues, now I am paying a heavy price of this… After…