Situation in Turkey

Joint Declaration of MEDEL/SMMP/MPD from Sao Paulo - Brasil

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.

Grounds for such a decision appear to be related to education, content of decisions, contacts with other legal cultures, i. e. conducts which don’t have, themselves, any disciplinary relevance.

The representatives of judicial associations gathered in São Paulo:

- Recall once more international standards on independence, accountability, due and fair disciplinary rules and procedures;

- Regret that such a decision of collective lustration is carried out by the organ conceived for safeguarding independence of the judiciary and institutional balance among State powers;

- Support legal challenges to such a decision before domestic and international jurisdictions.

Sao Paulo, 25 Aug. 2016

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