On 12 December 2023, European Court of Human Rights delivered two separate judgments, “Case of Kolay and Others v. Türkiye” and “Case of Mecit and Others v. Türkiye”, combining the applications of 284 and 82 individuals respectively.
In these judgments, ECHR has strongly condemned Turkey for its unlawful pretrial detentions practices. The Court found that the detention of 366 individuals, allegedly connected to the Gülen movement, lacked sufficient legal grounds and therefore unlawful. The Court awarded more than €1 Million in compensation.
The cases were filed individuals who were apprehended post-coup on suspicions of membership of the Gülen movement, which the Turkish government proscribed after the coup attempt.
In its detailed judgment, the ECtHR highlighted that the reasons for their detention — such as the use of the ByLock messaging app, certain banking transactions, possession of specific publications and US one-dollar bills with an “F” serial number, and affiliations with institutions linked to the Gülen movement — failed to meet the “reasonable suspicion” standard required by Article 5 § 1 (c) of the
European Convention on Human Rights. The Court emphasized that these circumstantial elements, lacking substantive supporting evidence, cannot reasonably be construed as proof of involvement in a terrorist organization.
These latest rulings from the ECtHR underscore a consistent position against Turkey’s post-coup actions. Since 2021, the court has issued 30+ decisions, declaring the pre-trial detention of 1,500+ individuals as unlawful and ordering Turkey to pay €7Million+ in compensation. Despite these rulings, Turkey has yet to implement general measures to avert similar violations of human rights.
In its latest decisions, the ECtHR reiterated that using ByLock, subscribing to certain periodicals, engaging in legal banking activities, possessing one-dollar bills, maintaining lawful employment, and being a member of NGOs or trade unions, do not justify pretrial detention.
| Turkey Emerges as the Biggest Challenge for the European Court of Human Rights Today, the European Court of Human Rights released data that starkly highlights Turkey’s position as the foremost concern for the Court. Out of the 71,450 applications currently pending before the Court, a staggering 23,750 (33.2%) are filed against Turkey. This figure is particularly alarming when compared to the combined total of 9,000 applications pending against the other 37 States Parties to the European Convention on Human Rights. This means that the number of applications against Turkey is nearly three times as many as those against all other member states combined.  This disproportionate representation in the caseload underscores Turkey’s troubling human rights record, especially in the aftermath of the 2016 coup attempt. The surge in applications against Turkey reflects deep-seated issues related to judicial fairness, freedom of expression, and governmental overreach. The ECtHR’s role in addressing these challenges is crucial, but the overwhelming number of cases poses significant operational and legal hurdles for the Court. The data serves as a stark reminder of the ongoing human rights concerns in Turkey and the crucial role of international judicial bodies in upholding fundamental rights and freedoms. |
Categories: Recent Judgments, Turkey Human Rights Blog