Council of State annuls pat-downs of judges at airports

ISTANBUL

The Council of State, Türkiye’s top administrative court, has issued a landmark ruling declaring it unlawful to subject judges to pat-downs when X-ray screening devices raise alarms at airport entrances.

The decision, reached by a majority vote, annulled the practice outlined in the general article on "screening of judges and prosecutors" issued by the General Directorate of Civil Aviation under the Transport and Infrastructure Ministry, but exclusively applied to judges.

The ruling stems from a case brought forward by Van Administrative Court judge Aykut Resuloğlu, who had undergone a pat-down search at Kars Airport on May 10, 2018.

The security personnel at the airport had insisted on conducting the search after an X-ray device alarm was triggered when Resuloğlu passed through it on his way to Istanbul Sabiha Gökçen Airport. While initially complying to avoid any confrontation, the judge later filed a lawsuit with the Council of State to challenge the legality of such searches.

In its defense, the ministry argued that the request to exempt judges from pat-downs "was not in line with international aviation security standards." It further emphasized that if judges and prosecutors declined to undergo such searches, they should not be granted access to secure areas at airports.

Furthermore, Yılmaz Akçil, head of the high court's 10th chamber, expressed dissenting views and annotated the decision.