The European Court of Human Rights (ECHR) recently ruled against Türkiye, finding that the dismissal of 42 judges and prosecutors under Law No. 6524 was in breach of the European Convention on Human Rights. This decision highlights a significant issue with Türkiye’s judicial reform actions, specifically regarding violations of Article 6 of the Convention, which ensures the fundamental right to a fair trial.
Implemented in February 2014, Law No. 6524 restructured the High Council of Judges and Prosecutors (HSYK) in Türkiye, leading to the dismissal of various judicial officials. In its recent judgement, the ECHR found Türkiye guilty of denying these dismissed judges access to effective legal redress, thereby infringing their right to a fair hearing (JURIST).
The Turkish government has historically defended these dismissals, associating them with necessary measures to counter what it perceives as the undue influence of the Gülen movement. This movement is considered by Ankara as infiltrating the judiciary, with the government labeling it a terrorist organization. By pursuing such restructuring, Türkiye aimed to ensure judicial impartiality and safeguard national security. However, the ECHR’s decision reflects that these changes meant denying fair recourse to the affected judges.
The ECHR has awarded each of the 42 applicants €7,800 in non-pecuniary damages, as well as compensation for legal costs. Türkiye’s constitutional amendments in Law No. 6524 have also faced scrutiny internally, with parts of the legislation being annulled for infringing on the independence of the judiciary. Despite this, the dismissals remain non-reversible, and the dismissed personnel have neither been reinstated nor compensated. The Turkish Constitutional Court identified several constitutional violations within Law No. 6524 but ruled the annulments would not apply retroactively.
This judicial climate is a part of a broader context where Türkiye has ranked 117th out of 142 in the 2024 World Justice Project Rule of Law Index. Moreover, since the failed coup attempt in 2016, there has been widespread prosecution and imprisonment of legal professionals in Türkiye. Lawyers have reportedly faced arbitrary detentions and unfair trials, with counterterrorism laws being utilized to suppress legitimate legal activities (IBA Report).