MEDELLes représentants des organisations membres de Medel,

Se référant :

  • à la Déclaration universelle des droits de l'homme, adoptée à Paris le 10 décembre 1948 ;
  • à la Convention du 28 juillet 1951, relative au statut des réfugiés, que tous les Pays européens ont signé et ratifié ;
  • à la Convention européenne pour la sauvegarde des droits de l’Homme et des libertés fondamentales et à ses Protocoles ;
  • à la Charte des droits des droits fondamentaux de l’Union européenne ;
  • à la jurisprudence de la Cour européenne des droits de l’homme e de la Cour de justice de l’Union européenne, qui ont tracé un cadre précis des obligations des Etats vis-à-vis des réfugiés et des demandeurs d’asile, notamment quand il s’agit des mineurs non accompagnés

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)The Platform for an Independent Judiciary in Turkey, which is composed of the four European judges associations: Association of European Administrative Judges (AEAJ), European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés(MEDEL).

CONSIDERING that Turkey had suffered a terrible attack against its democratic institutions on 15.7.2016 which killed almost three hundreds of its people and left much more seriously wounded, an event which has to be strongly condemned

UNDERLINING that those whose involvement in this coup d’état have been proved should be hold accountable

WELCOMING the fact that all political parties and the Turkish people have delivered a strong statement for democracy

REMINDING that a basic pillar of democracy is the rule of law and a commitment to the safeguarding of human rights, enshrined in the European Convention of Human Rights (EHCR), to which Turkey is a party,

Association of European Administrative Judges (AEAJ) European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés (MEDEL)The Platform for an Independent Judiciary in Turkey, which is composed of the four European judges associations: Association of European Administrative Judges (AEAJ), European Association of Judges (EAJ), Judges for Judges, Magistrats Européens pour la Démocratie et les Libertés(MEDEL).

CONSIDERING that Turkey had suffered a terrible attack against its democratic institutions on 15.7.2016 which killed almost three hundreds of its people and left much more seriously wounded, an event which has to be strongly condemned

ENCJThe ENCJ reiterates its unreserved condemnation of the recent attempted coup in Turkey. The loss of life incurred in this attack on a democratically elected government is inexcusable. Those responsible should be made accountable through an open, fair and impartial judicial process conforming with international standards.

The ENCJ has expressed its concern, both before and after the attempted coup, that the approach of the High Council for Judges and Prosecutors to the transfer, suspension, removal and prosecution of judges has not been consistent with the principles of judicial independence. The ENCJ has received persuasive information that these procedures have taken place without respecting the principles referred to above.

The board of the ENCJ has repeatedly requested the Turkish High Council for Judges and Prosecutors for details of the procedures followed relating to the extraordinary mass dismissal of thousands of judges and prosecutors and to demonstrate that minimum international standards in relation to disciplinary proceedings against judges and prosecutors have been followed. To date no satisfactory response has been received to these vital inquiries.

As a result of the information that the ENCJ has received and the failure of the Turkish High Council to provide any satisfactory response to it, the board is forced to conclude that the Turkish High Council for Judges and Prosecutors no longer meets the requirements of the ENCJ that it is independent of the executive and legislature so as to ensure the independence of the Turkish Judiciary. The board of the ENCJ has accordingly resolved unanimously to propose to its General Assembly the suspension of the status of Observer to the ENCJ of the HSYK. To this end it has called an extraordinary general meeting which will take place in December 2016.

ENCJThe ENCJ reiterates its unreserved condemnation of the recent attempted coup in Turkey. The loss of life incurred in this attack on a democratically elected government is inexcusable. Those responsible should be made accountable through an open, fair and impartial judicial process conforming with international standards.

The ENCJ has expressed its concern, both before and after the attempted coup, that the approach of the High Council for Judges and Prosecutors to the transfer, suspension, removal and prosecution of judges has not been consistent with the principles of judicial independence. The ENCJ has received persuasive information that these procedures have taken place without respecting the principles referred to above.

Scuola Superiore della Magistratura (Photo: www.scuolamagistratura.it)Dear Miss Seda Arslan, the Scuola Superiore della Magistratura (hereinafter SSM) has received the invitation sent by the Turkish Judicial Academy for the participation in the "workshop program of Comparative Law Studies on Judicial Training" planned for the second half of November in Turkey.

The SSM board of Directors, in its meeting held on 6 September 2016, has unanimously decided to reject the invitation.

On July 21, 2016, the SSM joined the statement issued the day before by the Italian Consiglio Superiore della Magistratura, that expressed indignation and concern because of the arrest and dismissal of more than 2700 Turkish judges and prosecutors following the post-coup crackdown. It urged the Turkish Authorities to respect judicial independence, fair trial and fundamental rights and exhorted them to comply with the European Convention for the Protection of Human Rights. At the same time, the Italian Judicial Council decided to suspend every form of cooperation with the Turkish Judicial Council.

Since then, according to press headlines, the situation has not changed in Turkey. More than 1600 judges and prosecutors are still detained, together with professors, journalists and public employees; thousands were dismissed from the profession.

MEDEL SMMP MPDAccording to most recent information on Turkish judiciary, 2.847 judges and prosecutors were dismissed following a decision of the Turkish High Council for judges and prosecutor (HSYK) on 24.8.2016.

Such decision appears to have been adopted:

- Without hearings of judges and prosecutors subject to the procedure;
- Without right of defence;
- Without individual assessment;

- Without allegation of objective facts;
- On grounds of emergency based upon suspicions and alleged personal relations.

Representatives of Ministério Público Democrático, Sindicato dos Magistrados do Ministério Público and MEDEL (Magistrats Européens pour la Démocratie et les Libertés), gathered in São Paulo on the occasion of the 5th Congress of MPD, assist astonished to the infringements, in such a procedure, of the principles of Rule of Law, Independence of the Judiciary, rules for disciplinary procedures, objective grounds for liability, individual responsibility.

Letter to the High Judicial Council of Turkey by the Platform for an Independent Judiciary in TurkeyLetter sent today to the High Judicial Council of Turkey by the Platform for an Independent Judiciary in Turkey:

Honorable President, The international associations of  judges, united in this platform, have learnt that the High Council of Judges and Prosecutors (HSYK) is currently dealing with the removal and dismissal of 3500 judges and prosecutors who are suspended and under criminal investigation. A majority of this group is presently detained.

Regarding this difficult, highly sensitive and far-reaching act, the below mentioned  international associations, strongly appeal to the High Council of Judges and Prosecutors that these decisions on the dismissal/removal ofjudges should be in line with international and European standards.

In the light of the fact that irremovability of  judges is an essential element of judicial  independence, these standards provide only for very limited and specific exceptions from this principle to be applied only within the framework of due procedure.

American Bar AssociationAmerican Bar Association,
Massachusetts Bar Association
Report to The House of Delegates
Adopted as Revised

Resolution

RESOLVED, That the American Bar Association, which supports the independence of the judiciary and the legal profession and opposes any Nation’s state’s detention of individuals without charge or access to counsel, calls upon the Government of the Republic of Turkey to:

American Bar AssociationAmerican Bar Association,
Massachusetts Bar Association
Report to The House of Delegates
Adopted as Revised

Resolution

RESOLVED, That the American Bar Association, which supports the independence of the judiciary and the legal profession and opposes any Nation’s state’s detention of individuals without charge or access to counsel, calls upon the Government of the Republic of Turkey to:

You are here: MEDEL News