The European Court of Human Rights (ECHR) has ruled that Türkiye violated the rights of 42 judges and prosecutors dismissed under the 2014 Law No. 6524, which was part of a broader restructuring of the country’s judiciary. The court’s decision, issued on Tuesday, found that the dismissed judicial officials were deprived of an effective legal remedy to challenge their dismissal, breaching Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial.
Türkiye’s government defended the dismissals, arguing that they were necessary to address alleged infiltration of the judiciary by the Gülen movement, a group accused of orchestrating a failed coup attempt in 2016. The movement had been designated as a terrorist organization by Ankara, and the government claimed that the judicial reforms were crucial for ensuring judicial impartiality and national security. However, the ECHR rejected this justification, stating that the dismissed individuals still retained the right to contest their removal in court.
In addition to acknowledging the breach of rights, the court awarded each of the 42 applicants €7,800 in non-pecuniary damages, along with compensation for legal fees. The ruling underscores ongoing concerns about the erosion of judicial independence in Türkiye, a situation that has worsened since the 2016 coup attempt.
The 2014 law, which led to the overhaul of the High Council of Judges and Prosecutors (HSYK), was passed in the wake of corruption investigations that implicated figures close to President Recep Tayyip Erdoğan. The law resulted in the forced removal of numerous judicial officials, including key figures like Adem Kartal, the former vice president of the HSYK’s inspection board. The Turkish Constitutional Court had previously annulled several provisions of Law No. 6524, citing violations of the constitution, though it did not order the reinstatement of those dismissed.
Since the coup attempt, Türkiye has faced increasing scrutiny over its treatment of lawyers, judges, and prosecutors. Thousands of legal professionals have been targeted in prosecutions, arbitrary detentions, and dismissals, with many facing terrorism charges under the country’s controversial counterterrorism laws. As of 2024, Türkiye ranks 117th out of 142 countries on the World Justice Project’s Rule of Law Index, reflecting concerns about the country’s commitment to judicial independence and human rights protections.
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