The European Court of Human Rights (ECHR) ruled on Tuesday that Türkiye’s dismissal of 42 judges and prosecutors under the controversial 2014 Law No. 6524 violated provisions of the European Convention on Human Rights.
In its ruling, the ECHR found that Türkiye had breached Article 6 of the convention, which guarantees the right to a fair trial. The court concluded that the dismissed judicial officials were denied access to an effective legal remedy to challenge their unlawful removal, thereby infringing upon their right to a fair hearing.
The Turkish government defended the dismissals and the restructuring as necessary measures to counter the undue influence of the Gülen movement, a faith-based group accused of infiltrating the judiciary. Ankara had designated the movement as a terrorist organization, asserting that the reforms were essential to maintaining judicial impartiality and safeguarding national security. However, the court rejected the government’s defense, acknowledging the applicants’ right to challenge their dismissals in court. The court awarded each of the 42 applicants €7,800 in non-pecuniary damages, in addition to compensation for legal fees and costs.
Türkiye’s Law No. 6524, which was passed in February 2014, restructured the High Council of Judges and Prosecutors (HSYK) and led to the forced removal of numerous judges and prosecutors, including prominent figures such as Adem Kartal, the former vice president of the HSYK’s inspection board. In March 2024, the ECHR condemned Türkiye for violating Kartal’s rights after he challenged Section 39 of the law, which stipulated that the terms of office for the president and vice president of the inspection board would automatically end upon the law’s enactment. This provision took effect in Kartal’s case within days of the law’s implementation.
The 2014 overhaul of the High Council of Judges and Prosecutors (HSYK) was a key component of the Turkish government’s response to the December 2013 police raids, which were part of corruption investigations targeting the inner circle of President Erdoğan. Among the measures introduced by the 2014 law was the termination of key HSYK personnel, including secretaries-general, deputy secretaries, and inspection board members.
Subsequently, the Turkish Constitutional Court identified several constitutional violations within Law No. 6524, referencing Articles 2, 9, 138, 139, and 159. The Turkish court annulled 19 provisions of the law, which had granted the Ministry of Justice additional powers, including the ability to remove critical HSYK staff. These provisions were deemed to undermine the judiciary’s independence by subordinating it to the executive branch. However, the court ruled that the annulment would not be applied retroactively, meaning the dismissed personnel were not reinstated or compensated for their termination.
Türkiye ranked 117th out of 142 in the 2024 World Justice Project Rule of Law Index. Since the 2016 coup attempt, over 1,700 lawyers have been prosecuted, 700 placed in pretrial detention, and 553 sentenced to 3,380 years in prison on terrorism charges. More than 4,000 judges and prosecutors were disbarred. According to a February 2024 report, lawyers are targeted through unfair trials, arbitrary detentions, imprisonment, and harassment, with Türkiye’s counterterrorism laws misused to prosecute them for legitimate legal work.
