Deficiencies in effective access to justice in Turkey

Broad laws against terrorism and threats to the state, political pressure, and inadequacies in the judicial system limited access to justice, as did lengthy pretrial detention and lack of transparency in the prosecution of cases related to state security.
The time lag between arrests and presentation of indictments; leaks of information, evidence, or statements; restricted defense access to evidence put forward by the prosecution; and the secrecy of the investigation orders also fueled concerns about the effectiveness of judicial protections for suspects.

The close connection between prosecutors and judges gave the appearance of impropriety and unfairness in criminal cases, while the broad authority granted to prosecutors and judges contributed to inconsistent and uncertain application of criminal laws.

During the year the government adopted judicial reforms to speed up and improve judicial processes.

activists , echr , freedom , journalists , Justice , law , national , news , Political , Turkey , writers

Arseniev, Republic of Moldova (10614/06)

Arseniev v. Republic of Moldova (nos. 10614/06 and 10620/06)
The applicant, Igor Arseniev, is a Moldovan national who was born in 1959 and is serving a 20-year prison sentence for murder in a prison in Chişinău.

Relying on Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, he complains about the inhuman conditions of his detention since 2003, notably on account of severe overcrowding, quantity and quality of food and hygiene.

He alleges in particular that, detained in those conditions for up to 23 hours per day, his psychiatric health has suffered. Further relying on Article 6 (right of access to court), he also complains that the courts refused to examine a number of civil proceedings he had brought notably against the prison authorities as he could not pay the court fees and that his appeal in cassation in the criminal proceedings against him was rejected as it had not been typed.

He also alleges under Article 6 that his lawyer in the criminal proceedings had not properly represented him.

echr , freedom , Persons , prison

Turkish air strike killed 36 civilians

The deaths of 36 people, who may have been locals smuggling in goods from northern Iraq, killed in an overnight airstrike by Turkish warplanes in southeastern Turkey have led to doubts about the intelligence sources on which the military relied before conducting the operation.
Justice and Development Party (AK Party) Deputy Chairman Hüseyin Çelik held a press conference Thursday evening, saying the incident was the result of an “operational accident” that was caused by a mistake or intelligence failure. He said both a legal and an administrative probe were underway to name those responsible for the deadly error. “If there was a mistake, it will not be covered up in any way and the necessary legal action will be taken.”

A statement from the Şırnak Governor's Office said 35 people were killed and another was injured in the airstrikes. However, hospital records indicate a death toll of 36.

The Turkish military released a statement Thursday that said the area struck was the Sinat-Haftanin region of northern Iraq, where the primary Kurdistan Workers' Party (PKK) bases are located and where there are no civilian inhabitants.

“Administrative and judicial investigations are underway and procedures are being followed with respect to the incident,” the General Staff said.

ankara , Articles , echr , freedom , International , Iraq , Social , Turkey

ECHR; President Jean Paul Costa (France)

Born on 3 November 1941 in Tunis
Diploma of the Institute of Political Studies of Paris, 1961
Master of Law, Faculty of Law, Paris, 1962
Diploma of Superior Studies (post-graduate), Public law, 1964
Former pupil of the ENA (Ecole nationale d’administration), 1964-66
Auditeur at the Conseil d’Etat, 1966
Rapporteur at the judicial section of the Council of State, 1966-1971, 1977-80, 1987-89, assessor of sub-section (chamber), judicial section of the Council of State, 1989-93
Directeur du cabinet (political secretary) of the Minister of Education (Alain Savary), 1981-84
Associate professor, Universities of Orléans, 1989-98 and Panthéon-Sorbonne, 1992-98
President of sub-section, judicial section of the Council of State, 1993-98
Judge of the European Court of Human Rights since 1 November 1998
President of Section since 1 May 2000
Vice-President of the Court since 1 November 2001
President of the Court since 19 January 2007.

Aihm , Case-Law , echr , European , European Union , France , freedom , International , Protocol , Rights

Turkey’s Somalian Children

Turkey is carrying out a big aid campaign, led by Prime Minister Recep Tayyip Erdogan, for Somali who are suffering in the grip of drought.

In an effort to position himself as the leader of Muslim countries in the Middle East region, Erdogan is trying to show the slamic World that he is not indifferent to the Muslim Somalis. He stands up to Israel in order to gain sympathy of Muslim countries.

However, he is ignores those of his own citizens who are trying to lead their lives under very difficult conditions in Turkey. Because of the economic crises that have been experienced in Turkey, bankrupt businessmen live under very difficult conditions, and they are sought by the courts and police because of their debts.

When these businessmen are caught by the police, they are put into prison for five years. They do not have a prominent address and they constantly change the place they live in order not to be caught. They are unable to receive treatment when they get ill, because in hospitals, the police check whether the person is sought or not by the courts. And if they have a job, they can in no way benefit from social rights, because they cannot register for social security.

ankara , Article , Articles , echr , Economic , European Union , freedom , Human rights , International , law , news , Political , prison , Protocol , Recep Tayyip Erdoğan , Rights , Somalian

(Turkey) Religious Freedom Report 2011

N3553K5R3PKP The constitution protects religious freedom, and, in practice, the government generally enforced these protections; however, some constitutional provisions regarding the integrity and existence of the secular state restrict these rights.

The government generally respected religious freedom in practice. During the reporting period, the government took steps to improve religious freedom. Notably the government permitted religious services to be held annually in historic Christian sites that had been turned into state museums after decades of disuse. The government continued to impose limitations on Muslim and other religious groups, including restrictions placed on Muslim religious expression in government offices and state-run institutions, including universities, for the stated reason of preserving the "secular state." The government has yet to reopen Greek Orthodox Halki seminary after 40 years of closure.

Authorities continued their broad ban on wearing Muslim religious headscarves in government offices as well as public schools, although the ban was relaxed in universities and ignored in some workplaces. Members of some religious groups said they were effectively blocked from careers in state institutions because of their faith. Some religious groups also faced difficulties regarding freedom of worship, registration with the government, property ownership, and the training of their followers and clergy. Although religious speech and persuasion was legal, some Muslims, Christians, and Bahais faced restrictions and occasional harassment for alleged proselytizing or providing religious instruction to children.

Article , Case-Law , echr , freedom , International , national , news , Political , Social , Turkey

Who is This Woman Challenging Erdogan in Turkey?

But in light of an impending "dictatorship of the Erdogan clique," says Tarhan, she wants to campaign for a different and more modern Turkey. "In this country, religious leaders are now declaring women who have been raped to be partially culpable, because they showed too much cleavage. They see women as nothing but baby-making machines. Do you really think that I can just sit there and do nothing?"

Until recently, Emine Ulker Tarhan was a Supreme Court justice in Ankara. But now she has discarded her robes and is challenging Recep Tayyip Erdogan for the Turkish leadership. The prime minister, she alleges, is establishing a surveillance state and is “becoming more dictatorial every day."

There are days on which Emine Ulker Tarhan isn’t constantly worried about bugs and wire taps. They are days when Tarhan, tall and blonde with metal-rimmed glasses, gets her 1964 VW Beetle out of the garage and puts on a CD by Zulfu Livaneli, the Turkish balladeer whose voice reminds her of “clear air."

And then are days, she says, when she feels like a character in George Orwell’s tale of a surveillance state, “1984." That’s when she sees the thought police on patrol, and when she is afraid to say the wrong word in her own home.

Today is one of those days. It’s a Monday morning in the embassy district of the Turkish capital Ankara, and Tarhan, wearing a black blazer over a blue blouse, is sitting in a friend’s law office, where the two are exchanging knowing glances. Could this office be bugged, too, they wonder? “Our country’s government is becoming more and more dictatorial every day," says Tarhan. “This isn’t paranoia."

echr , Fethullah Gülen , freedom , German , journalists , news , Political , Recep Tayyip Erdoğan , Turkey

ECHR: Turkish State Liable in Hrant Dink Murder

The European Court of Human Rights (ECHR) said Tuesday it has ruled that the Turkish state failed to protect the life of Hrant Dink, a Armenian journalist who was murdered in early 2007.

In a statement released in Strasbourg, the court also said it found that the Turkish state had failed to protect Dink's freedom of expression prior to his murder.

Dink had initially filed a case with the ECHR himself, after he was convicted of "insulting Turkishness" for a column he wrote in Agos, the Armenian Turkish newspaper he edited.

After his murder, the journalist's family launched another case before the court, accusing Turkish authorities of taking insufficient measures to protect Dink's life.

The two cases were eventually merged. In its ruling, the court sentenced the Turkish state to pay 105,000 euros (135,000 dollars) to Dink's family in compensation and an extra 28,595 euros to the court for expenditures.

The outspoken Dink was shot three times in the head on the sidewalk in front of Agos in January 2007. His accused murderer, Ogun Samast, was 17 years old at the time of the shooting. Samast is currently on trial for the murder.

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