Turkey’s top court ignores ECHR ruling in case of arrested judge
Turkey’s Constitutional Court has ignored a ruling by the European Court of Human Rights (ECHR) in the case of judge, who was sacked and arrested following the July, 2016 coup attempt, T24 news site reported on Tuesday.
The top court said Turkish courts are “in a much better position to infer and interpret legal provisions than the European Court of Human Rights,’’ regarding the individual application Yıldırım Turan,who was arrested following the failed pustch on charges of membership in a terrorist organization.
Some 150,000 public servants have been suspended or sacked and 77,000 people have been imprisoned over alleged ties the Gülen movement since the failed coup, which left 251 people dead and nearly 2,200 others wounded.
Ankara accuses the group of a orchestrating the failed putsch and designates it a terrorist organisation.
The ECHR had ruled that the judge’s arrest was in defiance of the law and the violation of the European Human Rights Convention, T24 said.
“While the ECHR’s resolution is binding, interpreting the legal provisions in Turkish law on the arrest of the judicial members is an authority that lies with public offices and finally (Turkish) courts,’’ the top Turkish court said.
“The claim that Turan’s right to freedom and safety were violated is clearly void of basis and as such unacceptable,’’ the court said.
The move by Turkey’s Constitutional Court is effectively a violation of the Turkish Constitution, according to Cumhuriyet newspaper chief executive officer and lawyer Akın Atalay.
Anayasa Mahkemesi de mevcut hukuksuzluk çarkına bağlılığını bugünkü kararıyla ilan etmiş...— Akın Atalay (@av_akinatalay) July 14, 2020
Artık Avrupa İnsan Hakları Sözleşmesi ulusal yasalara göre öncelikli bir kural/düzenleme değildir, demiş.
Anayasanın 90/5. Maddesini fiilen ilga/iptal etmiş. pic.twitter.com/69X5gMEcAO
“The court has announced its adherence to the present mechanism of lawlessness with its decision today,’’ Atalay wrote on Twitter.