In a series of critical remarks that underscore the deepening judicial crisis in Turkey, President Recep Tayyip Erdoğan has sharply criticized two of the country’s highest courts, the Council of State and the Constitutional Court. Labeling their decisions as “incomprehensible” and “unsettling”.
Erdoğan’s criticism targets specific rulings that diverge from his government’s stance, particularly highlighting series of decisions by the Council of State mandated the reinstatement of 450 judges and prosecutors who had been removed from their positions during state of emergency rule between 2016 and 2018 due to alleged links with the Gülen movement.
The controversy was reignited by the pro-government Sabah daily, which portrayed the Council of State’s decision as a new development, accusing the judiciary of harboring a “growing Fetö threat.” The Board of Judges and Prosecutors (HSK) appealed against the decision, but their appeal was reportedly pending before the Plenary of the Council of State.
In the aftermath of the 2016 coup attempt, the Turkish government launched a sweeping purge, dismissing over 130,000 public servants, including more than 4,300 judges and prosecutors, through emergency decree-laws. These laws, which bypassed both judicial and parliamentary oversight, targeted individuals for alleged affiliations with “terrorist organizations.” The recent reinstatement of 450 judges and prosecutors, following their legal challenge against the HSK’s decisions, has become a focal point of Erdoğan’s criticism.
Erdoğan expressed particular frustration with the Constitutional Court, citing a recent ruling that annulled a controversial law allowing the government to remove or restrict access to online content. The court deemed the unilateral powers granted to Turkey’s Telecommunications Authority (BTK) as unconstitutional, emphasizing that such restrictions infringed upon fundamental freedoms of expression and the press. This decision, coming at a time of increasing internet censorship in Turkey, was labeled as “problematic” by Erdoğan, who vowed to closely monitor the “controversial” decisions of both the Constitutional Court and the Council of State.
The ongoing judicial crisis is further illustrated by the case of opposition lawmaker Can Atalay, who remained imprisoned despite favorable rulings from the Constitutional Court. The Supreme Court of Appeals upheld an 18-year sentence in a trial deemed politically motivated, refusing to comply with the Constitutional Court’s decisions and even filing criminal complaints against its members, a unprecedented move in Turkey’s judicial history. Atalay’s eventual loss of parliamentary status, in defiance of the Constitutional Court’s rulings, highlights the erosion of the separation of powers in Turkey.
The Turkish judiciary is now perceived as being under the government’s control, unable to make independent judgments. This sentiment is reflected in Turkey’s ranking of 117th among 142 countries in the World Justice Project’s Rule of Law Index, signaling a marked decline in legal standards and the rule of law.
President Recep Tayyip Erdoğan’s recent critiques and attacks on Turkey’s high courts not only reveal a profound dissatisfaction with their rulings but also highlight a concerning push for the judiciary’s unwavering loyalty—a judiciary that is widely perceived to be under his influence.
Erdoğan’s expectation for the judiciary to align flawlessly with executive preferences signals alarming prospects for the erosion of the country’s checks and balances system and the integrity of its legal and institutional frameworks. This concern is underscored by the World Justice Project’s 2023 Rule of Law report, which places Turkey at 137th out of 142 countries in terms of constraints on government powers—a stark indicator of the diminishing separation of powers.
Therefore, Erdoğan’s actions towards the judiciary go beyond mere personal discontent; they are a clear indication of the regime he aspires to and his ambition for absolute authority.
Categories: Turkey Human Rights Blog