Council of Europe stresses judicial safeguards for those dismissed with decree laws in Turkey

STRASBOURG

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If it receives complaints, the European Court of Human Rights (ECHR) will decide whether a commission formed by the Turkish government for complaints on decree law practices has been a sufficient domestic remedy, Council of Europe Secretary General Thorbjørn Jagland said on March 1.

“It is imperative for Turkey and Europe that the judicial safeguards for all those who have been dismissed or are in prison are based on the European Convention on Human Rights and on the case law of the European Court of Human Rights,” said Jagland after a visit by Turkish Justice Minister Bekir Bozdağ.

The Commission that will be set up in Turkey to go through the cases of those who have been dismissed, organizations that have been closed, schools and news outlets that have been closed, and private property that has been confiscated must work independently and on the basis of the European Convention on Human Rights, he added.

“The cases of journalists and parliamentarians who are in pre-trial detention will be dealt with in ordinary Turkish courts. But also these people have the right to complain to the ECHR. It will look into whether the Turkish courts have ruled on the basis of the European Convention on Human Rights,” said the statement.

The situation for these people is critical because many have been in pre-trial detention for several months, Jagland stressed.

If their cases are not dealt with soon by Turkey’s Constitutional Court, the ECHR will probably consider whether this is an effective domestic remedy and simply decide to start dealing with their complaints, he noted.

“Turkey has survived great danger and threat. International organizations and states should take this fact into consideration while assessing Turkey in order to make the right decisions,” Bozdağ said after his meeting with Jagland, referring to last year’s failed coup attempt, after which the government declared a state of emergency.

“We see that evaluations based on mistaken perceptions about Turkey do not lead to accurate results,” he added, stating that it is “crucial for Turkey to be properly listened to.”